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HomeMy WebLinkAbout2003-03-31 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 31, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 31, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. November 22.2002 and March 10. March 17 and March 24. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of March 10 and March 17, 2003, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22, 2002, and March 24, 2003, to a later date. Consent Items Assistant City Manager Brey presented to the Commission the following Consent Items. Proclamation - "Nationallibrarv Week 2003" - April 6-12. 2003 Authorize Citv Manaaer to sian - easements and agreements in coniunction with the final plat for Baxter Meadows Subdivision. Phase I. as follows: (1) Acceptance of lift Station Agreement: (2) Acceptance of lift Station Easement - 67-foot by 135-foot easement across Tract 2A. COS No. 2202A: (31 Acceptance of Storm Drainage Easement - 30-foot-wide easement across Tract 2A. COS No. 2202A: (4) Acceptance of Water Pipeline and Fire Hydrant Easement - 19-foot by 31- foot easement across Tract 2A. COS No. 2202A: (5) Acceptance of Temporary Street Easement - temporary turn-around for Gallatin Green Boulevard - 30- foot by 85-foot easement across Tract 2A. COS No. 2202A: (6) Acceptance of Sewer and Water Pipeline and Access Easement and Agreement - 30-foot-wide easement across Tract 2A. COS No. 2202A: (7) Acceptance of Public Street Easement - 45-foot-wide easement for Deadman's Gulch across Tract 2A. COS No. 2202A: (8) Acceptance of Public Sewer Main Easement - 30-foot-wide easement across Tract 2A. COS No. 2202A: (9) Acceptance of Public Street Easement from Doualas Lance Smith - 50-foot-wide easement for Baxter Lane across COS No. 1302: (10) Acceptance of Public Street Easement from Gallatin Countv - easements across Tract 3A. COS No. 2202A. for West Oak Street. Ferguson Avenue. Baxter Lane and Davis Lane Approval offinal plattor Baxter Meadows Subdivision. Phase 1- subdivide 66.54 acres described as part of the SW% and all of the SE% of Section 34. T1 S. R5E. and the NE% of Section 3. T2S. R5E. MPM. into lots for mixed use development (at Baxter Lane and Flanders Mill Road) (P-0123) 03-31-03 --..--------- -- -- ------------------- ---.-- --.-.- - - .. ,,--.------ - 2 - Approval of final plat for Home Depot Minor Subdivision - subdivide 52.5 acres described as lot 2. COS No. 2089. into four lots for commercial and residential development - Home Depot U.S.A.. Inc. (P-02049) Commission Resolution No. 3585 - annexina 59.03 acres located in the NWv.. and SWv... Section 35. T1 S. R5E. MPM (Cattail Creek Subdivision. Phase II) COMMISSION RESOLUTION NO. 3585 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF lAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1593 - establishing initial municipal zonina designations of "R-2." "R-3A" and "R-3" on 59.03 acres located in the NWv.. and SWv... Section 35. T1 S. R5E. MPM (Cattail Creek Subdivision. Phase In: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING INITIAL ZONING DESIGNATIONS OF "R-2" (RESIDENTIAL SINGLE-FAMilY, MEDIUM DENSITY DISTRICT), "R-3A" (RESIDENTIAL TWO-FAMilY, MEDIUM DENSITY DISTRICT), AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 59.03 ACRES SITUATED IN THE NORTHWEST ONE-QUARTER AND SOUTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Authorize Mayor to sian - Findinas of Fact and Order - Cattail Creek Subdivision. Phase II - subdivide 58+ acres into 42 sinale-familY residential lots. 31 multi- family residential lots and associated parklands and open space (immediately west of Cattail Creek Subdivision. Phase I. and Gallatin Center Subdivision PUD) Approval of reauest from the State of Montana Department of Natural Resources and Conservation for one-year extension of approval for the Lewis and Clark Maior Subdivision (subdivide 33.415 acres located in the SWv.. and NWv... Section 36. T1S. R6E. MPM. into 8 industrial lots) (along north side of Baxter lane. east of Simmental Way) (P-9933) Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Swearina in of Confirmed Firefiahters Chris Dubay and Terrv Greene Mayor Kirchhoff administered the Oath to confirmed firefighters Chris Dubay and Terry Greene, after which he welcomed them aboard. Staff report - proposed 2003 Sidewalk Program Included in the Commissioners' packets was a memo from Engineering Assistant Andy Kerr, dated March 6, forwarding the draft 2003 Sidewalk Priority List. 03-31-03 - 3 - Engineering Assistant Kerr reminded the Commission that the sidewalk installation program was implemented several years ago, to provide a pedestrian network throughout the community. In 1994, the Commission adopted a resolution establishing the current policy, upon which the priority list is based. Responding to Commissioner Brown, the Engineering Assistant stated that the City budgets for the installation of ADA ramps at the intersections, although CTEP monies could be used to fund those projects. Engineering Assistant Kerr reviewed the priority list, noting that staff recommends a number of streets be bypassed for a variety of reasons that generally involve street improvements in conjunction with sidewalk installation. He stated that the streets to be included in the 2003 Sidewalk Program are those in Valley Unit Subdivision, Phase I. He noted that the sidewalks are fairly scattered in this area, and the new subdivisions surrounding it have sidewalks. In addition, several of the subdivisions approved with the condition that sidewalks be installed within three years have reached the point where sidewalks are to be installed on the remainder of the lots. Those subdivisions include Sundance Springs Subdivision, Phases 1A and 1 B; Sundance Springs Subdivision, Phase 2B; Lots 41 and 42, Bridger Creek Subdivision, Phase I; and one lot in Diamond Estates, Phase I. He concluded by forwarding staff's recommendation that if the Commission proceeds with this program, the property owners be given this construction season to complete the sidewalk installation, with the City letting a contract next year for the remainder of the sidewalks. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission accept the staff report, and authorize and direct staff to bring back a resolution of intent to create the 2003 Sidewalk Program, as proposed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Reauest from Historic Preservation Advisorv Board that the City purchase the StOry Mansion (SAE House ) Twenty-one letters and messages of support and one transcribed telephone call of disapproval for purchase of the T.B. Story Mansion were included in the Commissioners' packets or distributed just prior to the meeting. Mr. Jim Webster, member of the Historic Preservation Advisory Board, noted that today's action is tomorrow's history; and the Commission has an opportunity at this time to do something historic. He distributed a listing of the speakers scheduled to comment on why it is important to save this common historic heritage and why the public serves in a vital role. He stated that in the past few months, the Board has rolled up its sleeves and is prepared to provide a framework for restoration and use of the T.B. Story Mansion, building on the groundwork completed by the Missouri Headwaters Preservation Trust. He noted that all three of Montana's congressional delegation have been engaged and are awaiting the Commission's decision today before working to leverage federal support. Mr. Webster stressed that purchase of the property is the first critical step. He acknowledged that the proposal included in the Commissioners' packets is not written in stone; rather, it is a framework for options to renovate the property for public use. He recognized that, if this goal cannot be achieved, the City could take steps to ensure that the property is sold with enough safeguards to preserve this historic site. He concluded by encouraging the City to proceed with purchase of the property, noting it will prove the "All America City" designation is well deserved. Mr. Dick Stefani, SAE fraternity board, noted that after struggling over the past couple years to sell the SAE House, they approached the City about purchasing it. He stated that the SAE fraternity has owned this home since 1922 and probably has more history in the house than the Story family. He forwarded the SAE's desire to have this entity preserved as a community asset, particularly since it is a nationally known historic site and, regrettably, one that they can no longer care for. Ms. Hillary Hertler, Historic Preservation Planner, noted that Bozeman has a very active historic program, with over 700 historic buildings, 9 historic districts, and one of the largest overlay districts for a community of its size. She stressed the importance of the vibrant historic core in the community, and reminded the Commission that one of the objectives of the Bozeman 2020 Community Plan is to maintain and enhance the visual qualities of the community. She noted that City purchase of the Story Mansion, the backbone of the BonTon Historic District, will help to achieve that goal by saving this structure and the city 03-31-03 .--- -4- block on which it sits. She stated the community has been watching over the past two years as offers to purchase and proposals for use of the site have failed. Also, the two former Historic Preservation Officers gathered signatures from hundreds of residents wanting to see the SAE House protected. She concluded by characterizing this as a once in a lifetime opportunity and noting the City should help by acquiring the property. Mr. Rolf Groseth, Assistant to the President at Montana State University, noted that, when he came to Bozeman to interview for a position at MSU, the drive along South Willson Avenue, past the SAE House, and along West Cleveland Street left an indelible imprint. He stated that, as Dean of Students for many years, he has been in the SAE House several times, both for ceremonial activities and official visits. He noted that the space at 811 South Willson Avenue is not duplicated anywhere; and MSU would be an active user of the space because it would provide a unique interface between MSU and the community. He suggested that it could be used for addresses by the President and other officials, public meetings and special occasions. He stressed that MSU is not in a position to lay money on the table for purchase of the property; however, they do consider this site a part of the University as well as part of the community. He concluded by encouraging the City to acquire this property. Mrs. Martha Story Drysdale stated her grandfather built the house, her father lived there, and her husband was an SAE. She noted that, in her travels, she was impressed by how the Europeans preserve their assets; and she has watched with anxiety as various negotiations to purchase this property have failed. Ms. Amanda Drysdale, daughter of Martha Drysdale, stated she grew up surrounded by family and the community, and was afforded a lot of privileges that she did not appreciate at the time. She noted that the family today does not have the resources available to the previous generations and, as a result, her grandfather's pink house a couple blocks south of this property was sold. She is touched by the time and effort given by those in the community who do not have the ties to the property that she does and feels that a great opportunity is now available. She noted that, hopefully, this will not be a lost opportunity like the big house on Main Street and encouraged the City to purchase the property. Mr. Derek Strahn, a former Historic Preservation Officer for the City, spoke as a neighbor of the Story Mansion. He noted that he grew up a few blocks from this site, which is a landmark in the community. He stated that many communities have lost this type of property to modern development and short sightedness and that, with those losses, they have become "Anyplace USA." He stated that, thanks to the efforts of John DeHaas and others, Bozeman has preserved its heritage in a way others could only wish for. He stated that action is needed today to protect the community's unique heritage and encouraged the Commission to approve purchase of this property. Mr. Jack Graham and Mr. Kevin Durney, seniors at Bozeman High School, noted they live close to the Story Mansion; and they have memories of playing on the lawn and attending Halloween parties and trick or treating there. They recognized that they will probably both go out of state to attend college, but hope to come back to the Bozeman they remember; and a big part of that is the Story Mansion. They noted that there is no better use of government than to advocate for people's interests when the private sector is unable to do so; and buying the mansion is a great use of government funds as well as showing forward thinking. Mr. John DeHaas, 1021 South Tracy Avenue, stated that as a retired professor of architecture at MSU and as an architectural historian, he finds this is a unique opportunity for government and the residents of the community to save an icon in Bozeman. He noted that the Nelson Story mansion, at the intersection of South 5th Avenue and West Main Street, was lost and the site has been completely changed over the years. He stated it is important to save this site, with its architecture and setting on a full city block. He noted that at one time, there was a tennis court in the northwest corner of the property, and a new one could be installed to provide an amenity for the neighborhood. Also, the carriage house was once the home of the Story Auto Paint Shop. Mr. DeHaas briefly touched on the history of the Story family, which drove cattle over 1600 miles to see if they could survive in this area. He noted that their contributions are important to the agricultural history of the area, and the Story family has contributed as much to the local history as John Bozeman did. He noted this is a golden opportunity for cooperation in saving a building for public use. Ms. Bonnie Sachatello-Sawyer, member of the Gallatin County Historic Preservation Board, noted that she moved to Bozeman as an MSU student and has found the Story Mansion a great asset. She noted 03-31-03 -5- that the Story Mansion, which was built in 1910, was designed by the same architect that designed the state capitol. She indicated that as a member of the County's preservation board, she is committed to restoration of the Story Mansion as a viable community center, noting it is key to both economic vitality and community vitality. She stated that, at the present time, Bozeman is a place to drive through, not one to come to; and it is important for the community to use its culture and historic assets to encourage tourists to spend time here. She noted that there are few chances to do something for future generations, and this is an historic vote that allows the community to do just that. She concluded by encouraging the Commission to acquire this property and allow the community to realize its vision. Mr. John Frohnmayer, local attorney, voiced his support for the proposal to acquire the Story Mansion from his position as a fiscal conservative. He noted that government should have limited powers and limited purpose, but he recognizes there are windows of opportunity in which government can help. He cited the Opera House as a lost opportunity, noting that the empty space is not better than what was there before. He forwarded his belief that the market will support this project, but not without the City's support. He then concluded by encouraging the Commissioners to look at the vastly diverse coalition that is speaking in support of the project. Mr. John Baden, Gallatin Gateway, noted that "liberals are slow to learn what conservatives are born knowing." He stated that, while the potential of government to do good is limited, he believes this is a perfect opportunity to expand the role of government. He then stated that a park in the middle of the city benefits not only the houses adjacent to it, but those who walk through it. Mr. Chris Pope, local business owner, characterized this as a unique and significant opportunity that will lift the community culturally and enhance the quality of life and economic vitality. He noted the role of City government in this is to provide a forum for discussions on the merits of various options for preserving the facility and for providing stop gap funding to allow the community time to build consensus on a long- range plan. He recognized that there is great potential for this irreplaceable structure and grounds, but acknowledged that its rehabilitation will not be an easy task. He concluded by thanking the Commission for considering the acquisition of this property. Ms. Chere Juisto, Executive Director of the Montana Preservation Alliance, stressed that this is a once in a lifetime chance, noting that making property of this significance part of the community legacy is a rare opportunity. She stated that the Story Mansion ranks as one of the most historic opportunities in Montana, citing the Moss Mansion in Billings, the Daly Mansion in Hamilton, the Conrad Mansion in Kalispell, and the old Governor's Mansion in Helena as other similar properties that now belong to the public and are celebrated by the public. She noted that the pioneers provided Cooper Park and Beall Park to serve the people both then and now; and acquiring the Story Mansion would be a great addition to those community benefits. Also, she stated it will enhance the business climate and economic vitality. She pledged the Alliance's support to the community and the City and encouraged the Commissioners to view this as an opportunity and a gift that it can give to the future. Ms. Barbara Pahl, Regional Director of the National Trust for Historic Preservation based in Denver, stated her father-in-law was an SAE and lived in the house. She noted that Denver regrets the loss of the Moffet Mansion and the Tabor Mansion, particularly since both families were important to the history of the community. She distributed packets of pictures depicting other historic places that have been preserved through acquisition by either a local government or a state government. She noted that those include the Pittock Mansion, acquired by the City of Portland, Oregon; the Epley-Glendinning House, acquired by the State of Utah; the Tovrea Castle and cactus gardens, acquired by the City of Phoenix; and the Joslyn Castle, acquired by the State of Nebraska. She stated that all of those facilities are local and historic, are architectural icons, had community support, and were saved by enlightened government officials. She concluded by noting that less than a month ago, First Lady Laura Bush commented that the very definition of heritage is passed down from preceding generations, and encouraged the Commission to acquire this property. Mr. Ray Rasker, 811 South Grand Avenue, noted the immediate area has come to think of this site as a park. He thanked the members of the SAE fraternity for their patience with the community and for allowing the site to become defacto public property while doing the right thing by waiting for the right buyer. He noted the soccer teams practice on this property, and dogs use it. He stated that, from an economic development perspective, the Story Mansion is the type of project that identifies a community that gets things done. 03-31-03 ..-.-".-..-...-.- - 6- Ms. laura Dalton, 201 South 6th Avenue, noted that the phenomenal historic importance of the Story Mansion is not the only reason for preserving it; the dearth of community space is another reason. She noted that space for groups or clubs to meet or for a variety of events is extremely difficult to find and suggested that the mansion could be used for all types of meetings as well as youth groups, concerts and weddings. Ms. Gretchen Gunn, senior at Bozeman High School and student at Montana State University, stated she was involved with the Blue Iguana, a teen center that she feels did not serve the community as well as it could have. She suggested that the Story Mansion could serve as a community center, providing a place for teens to go after dark. She concluded by noting she walks by the Story Mansion every day and appreciates the sense of community that it provides. Ms. Rachel Wallace, 401 South Willson Avenue, stated that she was actively involved in the Missouri Headwaters Preservation Trust. She noted that their efforts failed, but they also revealed the tremendous amount of interest from local citizens. She encouraged the City to acquire the property and to support those things in which the community is interested. Mr. Paul Shea, President of the Gallatin County Historic Preservation Board, suggested that when the Storys built the house, they may have been making a statement and a lasting impression of which they could be proud. He noted that the Commissioners are elected to represent the community, and acquiring this property on behalf of the residents could also make a statement and lasting impression. He concluded by stating the Board supports the City's acquisition of this property. Ms. Jeanne Moe, Gallatin County Historic Preservation Board, stated she strongly supports the preservation of the historic Story Mansion for the reasons that have been previously stated. Mr. Jon Gerster, 719 North Wallace Avenue, noted that he lives in the lehrkind Mansion, "the other mansion." He characterized these mansions as rare homes that deserve unique, creative uses. He noted that, since acquiring lehrkind Mansion in 1996, it has been used for weddings, Christmas events and fund raisers. He stated the community has a desperate shortage of character space and suggested that adding the Story Mansion to the available space really augments what they do at the lehrkind Mansion. He observed that this is an unparalleled opportunity to walk into history and become a living part of history, and encouraged the Commission to acquire the property. Ms. Julie Geddes, 55 Hitching Post Road, noted that the previous speakers have been building a bridge and steps for making a decision; now, she encouraged the Commissioners to make a leap of faith. She noted this property is of great historic value and should be protected. Mr. H.J. Schmidt, 715 South Grand Avenue, stated that he played in the yard of the Story Mansion as a child, crashed its parties as a teen, and is interested in restoring it as an adult. He noted that in the 1980s, many of the homes in this neighborhood were in need of rehabilitation; and many individuals have spent a substantial amount of time and money in restoring those homes. He stated that, because of the size of this house and property, no private individual can afford to purchase and rehabilitate it; and this is a great opportunity for the City government to step forward and help protect the last biggest house in town. Mr. Steve Tanner, member of the Historic Preservation Advisory Board, stated he lives across the street from the SAE House. He voice support for the City purchasing the property, noting he would welcome the pedestrian traffic and the activities that it would bring. Mr. E.J. Engler, Gallatin Gateway, stated one of the reasons he lives in that community is its community center. He noted that the center is the heart of the town, and its benefits to the community are huge. Ms. Alicia Bradshaw, 3845 Nelson Road, spoke in support of the proposal, characterizing this as a tremendous opportunity. From an economic development perspective, she noted that it will enhance the character of the community, which could entice entrepreneurs to look at the community more closely. Mr. Bob Rydell, 622 South Grand Avenue, stated he is head of the MSU Department of History. As an historian, he urged the Commission to acquire the property and make it available as a public site. He noted that the Story Spring, once owned by the Story family, occupies a very small semi-circle on the MSU campus, and its benefits are great. He then noted that historic memories make and shape a community. 03-31-03 - 7 - Mr. Michael Miles, 822 South Willson Avenue, stated he has lived across the street from the SAE House for over thirty years. He noted that today he feels like Malcolm Story.is standing beside him, once again lending his character to the community. He characterized the Story Mansion as the epicenter or the compass of the community. Also, the mansion holds memories for countless generations of young men and women; numerous community events have taken place there; and filming of nationally known movies has taken place there. Mr. Miles noted that Malcolm Story has told stories of spirits in the house, and stated that the house has seen much from her windows through the years. He stressed the importance of retaining this house that is sacred and special, allowing her to continue to speak, rather than allowing her to be tossed out like junk from an attic or a garage. He concluded by noting that the community helped the SAE fraternity paint the exterior of the mansion a few years ago and asked that the community once again be allowed to help through the City's acquisition of the property. Mayor Kirchhoff noted he is happy and stunned by the turnout for this issue. Responding to questions from Commissioner Cetraro, Planning Director Andy Epple stated that several development proposals for this property have been entertained. One was from a private party who wished to purchase and redevelop the site for private residential use but, for a variety of reasons, walked away from it. A more recent proposal included resubdividing the site to allow for construction of nine additional homes on the site, and that proposal ran into a substantial amount of opposition from preservation interests and was not endorsed by the Commission. He indicated that several other suggestions included renovation as a bed and breakfast or a restaurant, but no formal applications were submitted. Commissioner Cetraro thanked those who spoke in support of the City acquiring this property. He noted, however, that he has several concerns about what government's role should be and what MSU's role should be. He recognized that government might have a role as a partner with future enterprises for use of the mansion and land that is in the public interest; however, he noted that no specific plans have been submitted. Responding to Commissioner Brown, Mr. Jim Webster stated that renovation efforts will initially be concentrated on the main house. He indicated that use of the carriage house has not yet been determined but would be included in the forthcoming plan for the property. Commissioner Brown indicated that if he were to vote to purchase the house, he does not want to commit to restoration of the carriage house. Mr. Webster acknowledged Commissioner Brown's concerns, noting that if the City acquires the property, the community must have an equity stake in the rehabilitation of the property. Assistant City Manager Ron Brey asked the Commission to consider this as a simple real estate transaction. He noted that the City Manager entered into a real estate transaction in a document dated March 20, 2003, contingent upon Commission approval. As a result, he suggested the Commission action could simply be to ratify that document. Mr. Dick Stefani stated that he had presented that offer to the SAE Board; and they rejected it and referred the City back to its initial letter. As a result, there is no contract and the Board is looking for resubmittal of an offer. In light of that response, the Assistant City Manager suggested that the Commission endorse the purchase of the property and authorize the City Manager to negotiate a price, with that price being brought back to the Commission for final endorsement. Commissioner Youngman voiced her appreciation for the community's vision of an economically and culturally vital community that embraces historic places where the past and future can come together through present action. Commissioner Hietala indicated his support for purchase of the site, noting that he lost a sum of money on the third floor of the house some forty years ago, and he hopes the community will benefit from it now. 03-31-03 .--. ---. ..-.- .------- - --- .--.--.. --,,- - 8 - Commissioner Brown cautioned that if the City's monies are used to purchase this property, they will not be available for other uses. He cautioned that this transaction involves a large sum of money, and that the City cannot obligate itself to cover operating costs. He then recognized that this is an historic moment that will probably not present itself again and. for that reason, he is willing to support acquisition and preservation of the property. Commissioner Cetraro voiced his discomfort with City acquisition of this property. He noted that. at this time. there are too many question marks and not one defined plan that lets everyone in the community know how the property is to be used in the future. He thanked everyone for their comments, but indicated he cannot vote for acquisition at this time. Mayor Kirchhoff stated he views acquisition of the property as a community benefit, and noted he expects the community to participate in the future of this site. It was moved by Commissioner Youngman, seconded by Commissioner Hietala. that the Commission authorize and direct the City Manager to negotiate until acceptable agreement is reached for purchase of the 1.8. Story Mansion. consistent with the March 20. 2003. document prepared by the City Manager. with the ultimate amount of the purchase price to be ratified by the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman. Commissioner Hietala. Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Break - 4:50 to 5:00 p.m. Mayor Kirchhoff declared a break from 4:50 p.m. to 5:00 p.m.. in accordance with Commission policy. Presentation of report from Bozeman Alcohol Policv Advisorv Council Included in the Commissioners' packets was a copy of the working document, dated March 31. prepared for the City Commission by the Bozeman Alcohol Policy Advisory Council. Mayor Kirchhoff noted that the Commission is simply receiving the report at this time. with a date to be set for public comment and Commission discussion to be set at the end of the report. Ms. Betsy Webb, Institute for Public Strategy. noted that she served as facilitator for the council. which has held meetings over the last six months. She introduced those council members present at this meeting. including Jami Brogan. ASMSU Wellness Coalition and MSU student; Jamie Cornish. Bozeman Professional Business Women; Dave Douglass. Alcohol and Drug Services of Gallatin County; Don Frye. owner of the Haufbrau and The Filling Station; Liz Grenier. Bozeman High School student; Jenny Haubenreiser. Director of MSU Health Promotion; Carla Hill. co-owner of John Bozeman Bistro; Bill Kayser, Assistant Director of Public Safety-Transition; Bill Robinson, emergency room physician; herself; and Commissioner Marcia Youngman as liaison to the council. Ms. Webb noted that the council determined that a comprehensive approach to the issue is needed, including adoption of effective policies, law enforcement and education. She indicated that they reviewed the successful strategies used in other cities and found that a combination of individual responsibility, adult accountability for underage drinking issues. enforcement of existing laws, education of hospitality industry owners and workers, and adoption of new policies are key components. She also noted that the health and safety of the community and pride in the community are common themes in those cities. Mr. Dave Douglass stated he was chair of the committee to review existing policies. Based on that review. he forwarded the following revisions: (1) increase the fines for open container violations from $25 to $50; (2) increase the number of alcohol retail compliance checks from one or two to four per year. with lists of both those who were in violation and those who were in compliance published (3) update the Bozeman Municipal Code to reflect current law by changing the age for purchase and consumption of alcohol from 19 to 21 ; (4) increase enforcement of existing related ordinances in problem alcohol situations. (e.g.. noise ordinance and public nuisance); (5) cluster alcohol policies in a newly created "alcohol abuse prevention" section of the code; (6) strengthen ordinances and penalties for minors in position (MIP) and 03-31-03 -------- --.- ------- ..n ...______.._n...__ - 9- driving under the influence (DUI); and (7) host a judicial forum in which judges and justices are encouraged to provide greater consistency in sentencing for MIPs and DUls. Ms. Jenny Haubenreiser stated she was chair of the committee to identify new policies. She noted that education and parental responsibility alone don't work; rather, stronger policies are needed to back them. She stated that it is important for the messages from the community, parents and school to be consistent. As a result of their review of policies that work in other places, the committee forwards the following recommended policies: (1) form an on-going broadly based "community alcohol coalition" for on- going dialogue; (2) implement keg registration; (3) enact a social host liability ordinance; (4) provide an incentive for liquor licensees to conduct Responsible Beverage Service (RBS) training for all employees who serve or sell alcohol, possibly through reduced licensing fees; (5) implement a party patrol initiative; and (6) require Responsible Beverage Service training for special permits. Ms. Jami Brogan stated that the council members conducted 32 interviews. She stressed that the interviewees are in no way a representative sample of the community; rather, they are a cross section of parents, distributors, hospitality industry, ASMSU student senate, treatment personnel and judges who are personally known by those on the council. The information from those interviews was incorporated into the council's consideration of current and recommended policies and approaches. She noted the council recognized that educating the community, strengthening the penalties for alcohol-related issues, and emphasizing the parents' role were key issues. Also, many identified the need to support local law enforcement regarding existing and new policies. Dr. Bill Robinson stated he treats problems associated with high risk drinking on a daily basis, including the tragedies of drunk driving. He noted that he just finished three night shifts in the emergency room; and around 3:00 a.m. on one of those nights, he treated an underage intoxicated college student who had fallen from a second floor window and who high-fived his friend upon learning his blood alcohol level. He stated the medical community is supportive of the efforts by the council and encourage the Commission to enact policies regarding keg registration and MIPs. He noted that they support more preventive actions rather than taking a punitive approach. He concluded by stating he is convinced public policy changes will be more effective in saving lives and limiting injuries than any medical care that can be given. Assistant Director of Public Safety Bill Kayser stated the Bozeman Police Department was pleased to participate on the council. He noted that the department's community-oriented policing strategies fit well with the council's recommendations, and urged the Commissioners to look at and act upon the recommendations of the council. Ms. Liz Grenier stated she is a junior at Bozeman Senior High and feels privileged to be involved in the process. She noted that, while she was initially pessimistic about the ability to control the issues that revolve around alcohol consumption, she feels that enacting the policy recommendations of the council would be beneficial. She noted that the recommendations reflect a concern for underage drinking, and that education of parents, minors, and judges will be effective. She suggested that sentencing for MIPs which includes suspension of the driver's license will have significant impacts, particularly on high school students, since that license is extremely important to them. She recognized that her fellow classmates may look at her scornfully for participating on this council; but if the policies can keep another tragedy from happening, she feels that good has been accomplished. Mr. Don Frye stated that, as a bar owner, he was skeptical of the process and still has some reservations. On the whole, however, he found opening the communication channels and the community dialogue were beneficial and noted that continued dialogue will help to address many of the issues identified. Ms. Betsy Webb suggested that federal, state and local grants may be available to implement many of the recommendations of the council. In addition, she suggested that a portion of the liquor license fees could be earmarked for alcohol-related issues; and possibly some of the City's general fund monies could be budgeted to address these issues. Mayor Kirchhoff thanked the Bozeman Alcohol Policy Advisory Council for its presentation, noting he believes in goals that address public safety. He stated that he has some concerns about some of the recommendations and, as a result, needs some additional information and discussion. He suggested that each Commissioner forward any comments, questions or concerns to Ms. Webb within the next week, so 03-31-03 --------- - 10 - that those items can be addressed during the next discussion of this item. He proposed that the discussion be scheduled for the April 21 meeting, at which time pUblic comment will also be received. Ms. Webb asked that the council's report be posted on the City's website so it is available for public review prior to that meeting. Work session re economic imDact fee study Included in the Commissioners' packets was a memo from Assistant City Manager Ron Brey, dated March 27, 2003. Assistant City Manager Brey highlighted his memo, noting that he feels the feedback provided by Commissioners has given him a laundry list of items to be included in the study. He stated, however, that he needs Commission direction on four areas, as follows. (1) Should additional consideration of design requirements, site plan requirements and impact fees be included in the study? He suggested that the City has probably addressed these issues adequately. (2) Who should be involved in selecting a consultant and preparing the scope of work to be performed? He suggested that the City Attorney's office be involved early on, to ensure that the product will be legally acceptable. He also noted that one Commissioner typically serves on the selection committee and proposed that someone from the business community, possibly the Chamber of Commerce, could fill a void that might otherwise exist on the selection committee. (3) Development of a laundry list of issues and City service issues to be included in the study, particularly impacts on the police department, and the regional effects of big box development. (4) Inclusion of the positive effects of big box development on the local economy without the sales tax information available that is generally necessary to assess it. The Commissioners provided responses to the questions posed by the Assistant City Manager, as follows. (1) All of the Commissioners indicated that additional consideration of design requirements, site plan requirements and impact fees should not be included in the study. (2) The Commissioners concurred with the Assistant City Manager that a five-member committee should be established, and should include someone from the City Attorney's office, one Commissioner, and a representative from the Chamber of Commerce or other business person. They asked that the Assistant City Manager come back with suggestions for the other two positions. (3) The Commissioners agreed that the impacts on the police department should be added to the laundry list of City service issues to be included in the study. They recognized that a study of the regional effects of big box development in this area would be significantly different from a similar study conducted in an area where the communities run together. The Assistant City Manager indicated that he will bring back additional information on this issue. (4) The Commissioners agreed that the positive effects of big box development on the local economy should be assessed, and noted that the Chamber of Commerce may be able to assist in this area since no sales tax information is available in Montana. Assistant City Manager Ron Brey indicated that he will come back with a proposal, based on this additional input, for Commission consideration within the next few weeks. Discussion. FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) List of planning projects to be considered at upcoming Commission meetings, dated March 26, 2003. (2) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 1, in the Commission Room. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 1 at the Professional Building. (4) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 1 , in the Commission Room, along with a memo indicating that the Zoning Commission meeting is cancelled. 03-31-03 . -....-... ...--- ...--..-----------... - 11 - (5) E-mail from the Bozeman Area Chamber of Commerce forwarding the legislative report for the week of March 31,2003. (6) Director of Public Service Debbie Arkell distributed copies of the site plan for the transfer station on Griffin Drive. She cautioned that the site contains 11.1 acres rather than 15.4 acres because Montana Rail Link owns a 200-foot-wide strip along the railroad tracks. The result is a 6.35-acre irregularly shaped parcel of usable land and, even if the City can obtain a lease from the railroad for the 200-foot strip, the site is very tight. She noted that installing a spur line to serve this site is a potential in the future, although that spur line could impact the property to the north. The Director noted that EnviroCon, a subsidiary of Montana Rail Link, has approached her about the possibility of constructing a transfer station on a 20-acre parcel on North Wallace Avenue near the Idaho Pole site. Also, two parcels along Red Wing Drive have recently come on the market; and one of those parcels is adjacent to the railroad tracks. Responding to questions from the Director, the Commission encouraged staff to proceed with the Griffin Drive site. The Mayor also asked the Commissioners to view the two parcels that recently came on the market prior to further discussion of this issue. (7) Director of Public Service Arkell reported that the water main break last week has been temporarily patched and will be dug up for permanent repairs when the parts are available. Adjournment - 6:18 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. STevd;K'~~ ATTEST: e~.~~ Clerk of the Commission 03-31-03 ------