HomeMy WebLinkAbout2000-12-11 Minutes, City Commission
MINUTES OF THE COMMISSION MEETING
. OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 11, 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, December 11, 2000, at 3:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager
Johnson, Assistant City Manager Brey, Staff Attorney Cooper, and Deputy Clerk of the Commission
DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
It was requested by Mayor Youngman that Item 3a, the Agreement with Community Access
Development, be removed from the Consent Items for discussion.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize City Manaaer to sian - Release and Reconveyance' of Easements to
. Gallatin Center limited PartnershiD ~ three temDOrary easements for fire
Dond. fire lane and cul~de~sacs on Lot 9. Gallatin Center Subdivision, Phase
!1
Authorize City Manaaer to sian ~ Sewer and Water
PiDeline and Access
Easement and Aqreement - Bozeman PrODerty Limited - across Lot 10A.
Amended Plat of Lots 10 and 11. Tai Lane Addition
Ratify City Manaaer' s signature on Exhibit n A" of Library Services Contract
between the Board of County Commissioners of Gallatin County and the City
of Bozeman Library Board of Trustees
Cancellation of December 26 Commission meetina due to holiday season and
lack of aaenda items
Commission Resolution No. 3420 - certifyina delinauent assessments as of
November 30. 2000. to the County
COMMISSION RESOLUTION NO. 3420
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT
. INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2000, AND UNPAID AS OF
THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12~4183. MONTANA CODE
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ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN
MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE
. SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION.
Claims
It was moved by Commissioner Brown, seconded by Commissioner Frost, 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor
Youngman; those voting No, none.
Authorize City Manaaer to sian - Aareement with Community Access Deyelooment for redesian and
continued uodate and maintenance of City's web Daae
City Manager Johnson reminded the Commissioners this item had been removed from the
Consent Items for discussion.
Mayor Youngman stated she had asked to have this item removed as a result of information
gathered from the Commissioners' recent trip to Boston. She feels they should discuss any new ideas,
explore different ideas, and ask questions of this vendor before making a decision. However, the Mayor
noted she doesn't want to delay the updating of the current site.
Commissioner Frost noted the most valuable workshop he attended was a presentation from
a small town in Kansas which has become a paperless office. He said it was really exciting to hear that
. this could be done and can be done less expensively now than several years ago when this city made
the change.
Commissioner Brown stated he, too, considered pulling this item from the Consent Items
because his biggest concern is getting the minutes directly onto the web site, which would be
advantageous to both the community and the Commissioners.
Mayor Youngman said she has some questions/comments for the vendor. She wants to ensure
the site is designed so a citizen can print anything off this web site and get the full page without losing
a part of it. The Mayor also is curious as to whether this site is accessible to handicapped users and
asked if it is possible to make it accessible to those with limited sight and motor skills. Also, can this
site be adapted and used by all residents, even those with slow, old software and hardware?
Regarding the posting of the minutes and the agendas, Mayor Youngman saw several
demonstration booths that had software available that automates it so the Clerk types the minutes,
pushes a button, and it is posted on the web site. Mayor Youngman also suggested taking advantage
of already designed web sites, rather than having someone reinvent the wheel. The Mayor is curious
as to how easy it will be for staff to take over some of the functions once the contract expires. Also,
if the City decides to add processing of payments, permits, and licenses on the web, will these things
be able to be added easily?
Mayor Youngman called for a quick assessment since this is a time-sensitive matter. She noted
. vendors can do on-line demonstrations now, so there is no need to meet with them in person anymore.
The Mayor proposed that whatever the City does with this first step, it should be lining up for the next
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steps to be taken; no one wants to reinvent this process again in a year or two.
. Commissioner Kirchhoff offered he believes this is a worthwhile pursuit; but he is afraid of
getting the web page too built up, saying it isa series of exchanges made because all aspects constantly
have to be updated. He reiterated the reason this service is being implemented is to have services
available to the people around the clock; however, he would like it to be made clear he doesn't want
to shut people out because their equipment can't keep up. He will support it only if this can be done
without getting into "muscular" computer equipment.
Commissioner Brown noted that in the extreme, it is possible to get too much information on
the site; they will need to balance the public's right to know. He is in favor of getting this project
started and done right, but on a modest scale.
Network System Administrator Hagen thanked the Commissioners for their good ideas regarding
the web site and the paperless city, noting lots of cities are trying to move toward that goal. Regarding
the cost, Mr. Hagen stated it is imperative to have a technical staff and proper equipment to keep a web
site running. He has worked with third party vendors before, and the maintenance contract is important.
It is also important that the site is updated in a timely fashion or people won't use it. Mr. Hagen stated
the current web site is embarrassing and needs to be changed, whether that means the City does it or
a vendor is hired to design a web site. Parameters can be input later, but it must be coded properly from
the start.
Mayor Youngman suggested posting a community survey on the first page to find out what
residents want. Commissioner Kirchhoff then asked if it is possible for the survey to be accessed only
randomly to prevent it from being politicized. Mr. Hagen answered there is a way to .do that.
. Commissioner Brown noted that at this point it will be a biased survey anyway because all people do
not have access to web sites, particularly the low income and elderly. Mr. Hagen proposed the survey
could be included in the water bills instead.
Mr. Hagen told the Commissioners the city's network can be scaled however they want it to
be; more web service can be added to it with no cost increase. It's just a matter of posting and taking
care of the contents.
Staff Dresentations for Fiscal Year 2000-2001 budaetubudaets for (A) Cemetery, (8) Parks, (C) Forestry,
(D) Facilities, (E) Library, (F) Recreation, (G) Plannina and Zonina, and (H) City Commission
Forestry. Superintendent of Facilities and Public Lands Goehrung reviewed this division's
presentation, noting they are funded through the Tree Maintenance District which has been in place for
10 years.' A 5.5 percent increase is being requested to continue to meet goals.
Mr. Goehrung noted trees have now been trimmed throughout the city once. Any work that
is done is recorded, including all minor trimming of trees. He also advised the Commission that this
division is going to revise its performance measures for ne,xt year.
Areas of emphasis for the upcoming year, identified by Mr. Goehrung, include the scheduled
area, street-by-street trimming program, the continuation of the utility replacement partnership program,
update of the tree inventory, and the cost-share program. Response to that program continues to be
. positive and around 50 trees have been ordered for next year. City employees are now planting all of
those trees and plan to continue to do so.
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Superintendent of Facilities and Public Lands Goehrung stated the city's tree inventory is up-to-
. date on most of the boulevard trees. They are working on maintaining tree information for an accurate
count of trees in the public parks. The Forestry DivIsion works with Montana Power Company to trim
and/or replace trees in the public right-of-way through the Utility Replacement Partnership Program.
They also coordinate with other divisions within the city to trim trees prior to undertaking improvement
projects. Encouraging the planting of appropriate tree species remains a challenge. The CTEP
Committee is discussing more tree planting and landscaping projects for the future, which will require
additional staff for watering and general care.
Mr. Goehrung noted the encroachment trimming program is not very efficient right now, and
he would like to accelerate their CIP purchase of the mini-chipper and truck-mounted chip box by one
year to improve on that efficiency. Superintendent of Facilities and Public Lands Goehrung stated that
again this year Christmas tree drop-off sites will be utilized rather than a community-wide alley collection
program.
Cemetery, Superintendent of Facilities and Public Lands Goehrung presented the Cemetery
Division report saying the cemetery includes 65 developed acres and 75 undeveloped acres. Because
of changes in burial practices, it is projected the cemetery should be able to serve the community for
another 50 to 70 years. Mr. Goehrung noted fees were increased this spring upon the recommendation
of the Cemetery Board, and the plan is to continue to bring lot costs and other charges in line with other
city-operated cemeteries around the state over the next 2 or 3 years.
City Manager Johnson asked about the plan to bring costs in line with other communities,
saying he doesn't see the city raising fees just because other communities are; and he asked what
would be factored into the cost increase. The Superintendent of Facilities and Public Lands replied
. perpetual care is expensive and a lot of staff time is spent in that area.
Mr. Goehrung said long-term plans call for development of a new entrance, further development
of burial blocks, and a possible irrigation system. The two main impediments to this division's operation
are the physical plant and aging equipment.
Parks. Superintendent of Facilities and Public Lands Goehrung presented an overview of the
Parks Division, stating lack of revenue is most prevalent in this area. There is a large disparity between
public perception and the Division's ability to maintain parks to those standards.
Because of the reduced mowing schedule and the statewide spread of noxious weeds, Mr.
Goehrung noted, there has been an increase in weed infestations on public lands. Last year 56 acres
were treated for noxious weeds, but an effective treatment program will take 3 to 5 years.
.
Mr. Goehrung told the Commission new requirements for ADA compliance for playground
equipment have just been published and that equipmen(will need to be brought into compliance, as will
restroom facilities. Currently, Parks Division crews conduct a detailed annual inspection and regular
safety check of all playground equipment in the parks.
Because water conservation is one of the priorities of this Commission, Superintendent of
Facilities and Public Lands Goehrung noted the biggest demand for water is for irrigation of the parks.
Currently the irrigation systems are on timers, but they operate regardless of the weather. There are
. systems available that are tied into mini-weather stations and will adjust cycles based on the weather
conditions. Mr. Goehrung noted money has been requested in the CIP to install these systems.
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According to Mr. Goehrung, park user groups have not been responsive to requests for monies
. for repair and maintenance of the parks. Any monies paid by these groups goes into the general fund
and not directly into the Parks Division budget. Mr. Goehrung said he would like to see some direct
connection of this money to the Parks Division.
The Citywide Park Master Plan needs to be updated; and many of the individual. parks do not
have master plans, said the Superintendent of Facilities and Public Lands. The current plan is outdated
and many of the standards need to be updated; this process needs to be started this fiscal year.
Mr. Goehrung pointed out there is a need for additional administrative help, particularly in the
day-to-day coordination activities so he can become more involved in the management of construction
projects. He suggested this position could be a shared position between the four divisions; Forestry,
Cemetery, Parks, and Facilities.
Building Maintenance. Superintendent of Facilities and Public Lands Goehrung stated this
budget includes the costs associated with maintaining City Hall, Building Department, Fire Station No.
1, City Shops, Alfred Stiff Professional Building, and the Senior Citizens' Center. Years of deferred
maintenance have lead to buildings that are "pretty rough" now. Mr. Goehrung acknowledged there are
several ongoing discussions regarding new facilities; but he needs answers regarding the expectations
for the current buildings, including projections on how long the City plans to utilize these buildings.
The Superintendent of Facilities and Public Lands told the Commissioners that all contracts,
custodial services, rug contracts, elevator maintenance, and mechanical systems, are due this year. He
plans to rebid these contracts in order to better define the standard of work expected. Also the Beall
Park building is going to be returned to city control in just over a year; and Mr. Goehrung asked for
. Commission direction on the appearance standards, repair, and lawn care of this building.
Responding to an inquiry from Commissioner Frost regarding policy direction from the
Commission, Mr. Goehrung stated part of his need for Commission direction stems from the fact that
if they do less maintenance, repair work now, it will create more work in the end. Mayor Youngman
acknowledged it is not cost effective to let weeds take over the parks; and if reduced mowing means
an increase in noxious weeks, that could be disastrous.
Commissioner Brown asked if there is money for ADA compliance measures, or will that come
out of the regular budget? Superintendent of Facilities and Public Lands Goehrung replied Assistant City
Manager Brey is in charge of that budget, and he is just starting to go through the guidelines for that.
The biggest area they need to focus on is the fall surfaces; right now there are 1 2 to 14 inches of chips
laid, but they are not wheelchair friendly. Mr. Goehrung also noted Bogert Park has been redone to
include fully accessible equipment.
Assistant City Manager Brey told the Commissioners that after the Americans with Disabilities
Act was adopted, a significant budget line item was allocated. However, in the last 3 to 4 years he has
just worked the ADA costs into the regular departmental budgets. When there was an ADA budget,
it was possible to handle the unforeseen expenses that occurred. Mr. Brey also noted that more money
was spent for the underlayment, impact zone at Bogert .Park than for the equipment itself.
Library. Director of Libraries Meister distributed handouts entitled "Bozeman Public Library
. Fiscal Year 2002 Budget Presentation". She stated that this operating budget is almost exactly the same
as last year. Included in those handouts was a sheet comparing the fees charged for services among
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major Montana libraries. Ms. Meister noted the fine structure hasn't changed in many years, although
. they are debating reducing the fines on videos.
Commissioner Smiley asked why $1 .00 was' too large a fine for videos. Library Director
Meister replied it is not in line with other categories of similar materials. All monies received from library
fines.go back into the general fund.
Ms. Meister continued, saying circulation increased 3 percent; while, nationally, library
circulation has decreased. The circulation of audio/visual materials is increasing more than any other
materials. The Library Director also noted the Bozeman Public Library is at the bottom of the number
of volumes per capita, while the number of registered borrowers has increased over 3 percent. Currently
45 to 50 percent of the service population does have a library card.
Director of Libraries Meister told the Commission the library is in the midst of dealing with CMC
Partners to offer $2.2 million for the purchase of the CMC Heartland site. They are planning to ask for
a June bond referendum and site remediation would begin in late summer or early fall if the bond passes.
The Library will also be seeking assistance from the federal government and others to help with the
costs of the clean-up. Ms. Meister stated they will also need in-kind support from the city, using city
trucks to haul soil and use of the landfill to dispose of the soil for example, to help reduce remediation
costs. The projected cost for the remediation is $500,000; and the Library would like those costs to
be included in the CIP, as well as the architectural fees. Library Director Meister asked the
Commissioners to also agree the present library building would be the Library's to sell so they will have
revenue for the new building.
Director of Libraries Meister addressed staffing needs by requesting a part-time person to do
. routine custodial work at the library during the day, increasing the technology person's hours to full time,
and a part-time reference librarian.
Recreation. Recreation Superintendent Harkin presented the budget requests for the Recreation
Department. She stated the Swim Center enhances the Quality of life, provides healthy play for all ages,
and provides economic benefits to the City by generating revenues. All monies earned are returned to
the general fund. Ms. Harkin introduced SPLASH, the mascot, who goes to schools and conducts safety
presentations which also benefit the community. The Recreation Department emphasizes water safety
and community safety.
Ms. Harkin listed the department's accomplishments as implementing a fee structure where
county residents pay more for use of city facilities, improving customer service, improved rescue
training, offering health promotion programs, a marketing and recruiting program for staff retention, and
112 programs and classes for children.
For the coming year, Superintendent Harkin noted her department needs to spend time on
planning, develop a business plan that will include a fee structure, conduct a needs assessment, market
their benefits to the public, decrease costs and increase revenue, increase the number of parking spaces,
and address the need for more space.
Ms. Harkin told the Commission the swim team parents are concerned about the air Quality at
the Swim Center, so the Fire Department has conducted tests for air standards for chlorine. Even
. though results indicated there is no abnormal chlorine content in the air, fans were installed to increase
the air flow. There have been no other complaints received from any other users. Ms. Harkin said they
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are trying everything they can to remediate this, but they are receiving no cooperation from swim team
. parents.
Commissioner Brown asked if the parking policy change at the high school has helped the
parking situation for the Swim Center. Ms. Harkin replied currently there is room at the end of the high
school lot, but the patrons do not utilize it. She would like to have parking added on the west side of
the building.
Planning and Zoning. Planning Director Epple presented the budget overview for the
Department of Planning and Community Development. He noted they had a staff team-building retreat
in the early fall, which was facilitated by Aaron Holst; and during that retreat they developed their
mission and vision statements.
Mr. Epple said the major work program activities include managing the current workload of
project reviews. The workload continues to be very high and development continues at a high rate. The
trend is now for higher demand and vastly more construction within city limits rather than outside the
city. He views this as a manifestation of smart growth principles and better use of land. Long-range
planning efforts include the completion of the 2020 master plan project and completing the
transportation master plan to coincide with it.
Regarding staffing needs, Planning Director Epple stated there is currently one temporary
planner position open and filling that position is the most pressing need. They also need to convert one
of the temporary planner positions into a permanent position that will be funded by grant writing
program administration dollars.
. City Commission. Clerk of the Commission Sullivan presented this budget overview, stating
that 95 percent of the work done in her office is mandated by state law in some varying form. She has
been looking at a document imaging system, LaserFiche, which would enable the public to search for
minutes and agendas and would hasten research projects and help people who wanted to do research
on their own.
Clerk of the Commission Sullivan noted the staffing levels of the Clerk of the Commission's
office need to be increased because the staffing within her office has not kept up with the increased
staffing levels of other City departments.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
(1 ) Copy of a note from a water bill questioning why all five Commissioners were going
to Boston.
(2) Note from Alan Hooker questioning the City's new snow plowing policy.
(3) Letter from Deborah Goltz, 4556 Bannock Drive, requesting closure of the City landfill.
(4) Copy of the list of City holidays for 2001 .
. (5) Notice of Special Meeting for the meeting to be held on Saturday, December 16, at
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the Comfort Inn.
. (6) Newsletter from the Headwaters Recycling, announcing the next meeting will be held
on December 1 3 in Three Forks.
(7) Minutes for the Board of Health meetings held on August 24 and October 26, 2000.
(8) Minutes for the Local Water Ouality District meetings held on September 7, 2000.
(9) Agenda for the School Board meeting to be held at 7:00 pm tonight at the Willson
School.
(10) Agenda for the County Commission meeting to be held at 10:00 am on Tuesday,
December 12, at the Courthouse.
(11 ) Agenda for the County Planning Board meeting to be held at 7:00 pm on Tuesday,
December 12, at the Courthouse.
(12) Agenda for the Development Review Committee meeting to be held. at 10:00 a.m. on
Tuesday, December 12, at the Professional Building.
(13) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday,
December 12, at the Professional Building.
City Manager Johnson offered the following during his FYI: (1) Last week he attended the
. dedication of the Haynes Pavilion, which is a great model for the community to see cooperative effort
results. That cooperation was very emphasized during the dedication and is further recognized on a
banner hanging in the pavilion. He said to hear the number of hours spent and the expense of this
project was eye opening. Commissioner Brown agreed the Haynes Pavilion is a great example of the
city and county working together, along with numerous volunteers. (2) Following Commission
discussion and direction, the budget retreat previously scheduled for Saturday, December 16, will be
postponed.
Mayor Youngman shared the following FYI items: (1) Evaluation forms for Clerk of the
Commission Sullivan need to be turned in by early Wednesday, as do the reports on the National League
of Cities Congress of Cities Conference. (2) The next newsletter will be published in January and a
questionnaire will be included asking for citizen input on the budget.
During her FYI, Commissioner Smiley asked if the terminology "adult videos", appearing on the
expenditure approval list as Library expenditures, could please be changed.
Recess - 6:00 om
Mayor Youngman declared a recess at 6:00 pm, to reconvene at 7:00 pm, for the purpose of
conducting the scheduled concept review.
Reconvene - 7:00 om
. Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the
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scheduled concept review.
. ConceDt Dlan review for Baxter Meadows (482 acres located between Davis Lane and Harber Puckett
Road between West Oak Street extended and Deadman's Gulch extended)
Included in the Commissioners' packets was a copy of the concept plan for Baxter Meadows,
a proposed mixed use development on 482 acres located between Davis Lane and Harper Puckett Road
between West Oak Street extended and Deadman's Gulch extended.
Jerry Williams, Williams Brothers Construction and owner/developer of the property, and Stacey
Robinson, CTA LandWorks Group, presented an overview of this project.
Stacey Robinson, CTA LandWorks Group, 1500 Poly Drive, Billings, MT, stated this project is
a true mixed-used development with the overall intent to be live, work, and shop all within walking
distance. This project is located right off of Baxter Lane and has nice existing features, which they plan
to enhance. Traditional neighborhood design guidelines will be incorporated, including smaller streets,
boulevards, garages on alleys, and other pedestrian friendly amenities. There will be areas set aside for
elderly housing, allowing them to walk to shop and affordable housing will be incorporated as well. Over
90 acres will be dedicated as a regional park, and a network of trails will be included. The barn
currently located on this site will be remodeled, to retain the history of this site, and will be used as a
community center.
Mr. Robinson stated that CTA LandWorks Group has been working with Senator Burns on fuel-
cell technology, and Governor-Elect Martz has tout.ed this project as a preferred demonstration project
for fuel-cell development.
. According to Mr. Robinson there are several class 3 wetlands on this site, which will be
enhanced. The streams will be enhanced as well and will be able to sustain fish. Also, a pond will be
added.
Mr. Robinson told the Commissioners they are investigating the feasibility of both on-site
wastewater systems and potentially hooking into city services. He noted there is a 27-inch existing
sewer line located 12,500 feet from Deadman's Gulch. Mr. Robinson added they are working on traffic
impact assessments for both internal and external impacts on the surrounding area. Doug Widmayer,
Robert Peccia & Associates, is developing a traffic plan which calls for narrow, city standard streets
which are pedestrian oriented and include bike lanes and on-street park.ing where possible. The intent
is to allow the complexity of the street design to dictate the traffic flow.
The master plan for this development calls for three quarter sections, stated Mr. Robinson. The
northwest section will be primarily high-end residential, with 1h - to %.acre lots with larger homes, a
substantial amount of interior green space, a pond, wildlife habitat, an equestrian center, and green
space around the perimeter. There will also be room for soft commercial development, such as a tree
farm or nursery. The southeast quarter will contain homes of the traditional neighborhood design -
sidewalks, setbacks, boulevards, alleys, a school site. the intent is for an elementary school, and open
space, including an active use area. The commercial development core will be located in the northeast
section. Zoot Enterprises is planning to construct a true high-tech campus in this section with a
tremendous amount of green space, underground parking, and an amphitheater.
.
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Mr. Robinson pointed out the overall concept calls for sidewalks, boulevards, street trees, on-
. street parking, intersections with curb bulbs, homes set back 20- to 25-feet, front porches, very narrow,
long lots with backyards leading to garages off of alleys, and different paving patterns over the
intersections.
Commissioner Brown asked if emergency vehicles will be able to drive over the curb bulbs, to
which Mr. Robinson replied they are meeting all city and county standards. CommisSioner Brown then
questioned if fire trucks will be able to turn without driving over the curb bulbs, and Mr. Robinson
responded they would.
Mr. Robinson noted this concept is based on the Couer d' Alene downtown plan. It will be a
typical commercial/mixed-use area centered around the town circle, or old town square concept, with
a series of parks around the circle and commercial development surrounding those parks. This level of
development will be very human in scale with the potential of residential h'ousing on the sE;!cond and third
floors.
One of the major. objectives of this development, according to Mr. Robinson, is the inclusion
of technology.; specifically fiber optic technology offered to all tenants, both residential and commercial,
which is unheard of elsewhere in the country.
Stan McCann, Vice President of Cutthroat Technologies, 2405 West Main Street, stated their
task is to provide voice data and video services businesses in the business park, as well as residential
users, will need; central office-class voice facilities, internet connectivity, and cable TV. Mr. McCann
noted this is a good environment for high-tech companies, and his firm is planning to take up residency
there as well.
. Commissioner Frost asked if they had considered phasing in this development since it is so
large. Mr. Robinson responded the phasing issues are related to the overall process of approval, but
they hope to construct Zoot Enterprises and some homes as phase 1. Commissioner Frost stated overall
he is pleased with the rough master plan, but he has some questions about access, especially from the
northwest section; there is no ingress/egress from the north or south.
Mr. Robinson asked if they were to proceed with Zoot Enterprises and approximately 100
homes as phase 1, could they temporarily tie into the existing sewer line because they believe it has the
capacity to carry that load?
Commissioner Frost inquired as to their plan for infrastructure for the whole development. Mr.
Robinson answered they are looking at on-site facilities and studying feasibilities. He noted there are
systems out there that are proven to not harm the groundwater and en,gineers say these systems offer
better discharge than the city system.
Commissioner Frost said one of his main concerns is that the whole eastern side be annexed
and connected to. city facilities. The rural portion would be more suited for the county. He also
suggested the setbacks could be made smaller, and the streets should be made narrower to increase
the pedestrian scale.
Commissioner Kirchhoff said keeping in mind that this is a non-binding concept evaluation
. session only, he would like to express his likes and dislikes. He likes the good mixed-use concepts, but
not totally. He dislikes the location of the parcel; it is not a smart-growth idea when the parcel is so far
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away from existing services, which will increase air pollution.
. Commissioner Smiley said she loves the town square idea. She then asked if there is anyone
interested in doing the equestrian center, to which Mr. Robinson replied there is.
Commissioner Brown stated he agrees with Commissioner Frost that this development should
be within city limits and connected to city services. Mr. Robinson responded the intent of any systems,
either streets or utilities, is to meet city standards and the intention would then be to connect to city
services as seamlessly as possible. Commissioner Brown added he likes the idea of mixed-use
neighborhoods.
Mayor Youngman stated that since this a concept review only, no public testimony will be
accepted. However, written testimony is welcome. At this time, only question~ from the public will
be accepted.
Chris Nelson, president of Zoot Enterprises, stated his appreciation for the opportunity to
attend this review session. He noted that 85 percent of Zoot Enterprises' employees are Montana State
University alumni who want jobs and the opportunity to stay in Bozeman. He further noted that those
businesses trying to grow in Bozeman want to be here and want to have a place where their children
can work and earn a good income. Zoot Enterprises has looked for 2 years for a suitable location; and
this area is a crossroads for fiber optics in this valley and is the prime download spot for all satellites.
Mr. Nelson stated communication and electricity are essential for what they do, noting Zoot Enterprises
is Owest's largest private customer. The growth of Zoot Enterprises has been 100 percent every 18
months; and they don't want to move again, so they are looking for a place where they can build and
have room for further expansion.
. Mark Kramer, 1421 Cherry Drive, asked what is Zoot Enterprises? Mr. Nelson responded by
saying they help large financial institutions approve credit; over 50 of the top 100 financial institutions
use their services. They also check to see if people qualify for credit for catalog sales companies. They
are a clean industry, bringing brand new money into the state, and they hire Montana State University
graduates.
Mike McKenna, 3915 Sourdough Drive, asked if the current planning and zoning processes
could be facilitated so this development could be started by April 1 st. Planning Director Epple replied the
processes are not currently in place to annex, master plan, zone, and subdivide by April 1 st. It would
take a tremendous amount of staff time, above and beyond the usual. Also, other people have submitted
applications that cannot just be shoved aside. Mr. Epple emphasized it is just not city review time
involved; but time spent securing a financing package, installing infrastructure, and preparing the
drawings and plans for the development of the site.
Commissioner Smiley noted the things that normally tend to hamper moving through the review
process quickly is not having everything done correctly before submitting it to City staff.
Mayor Youngman added the developer could have gained 5 months' time if they had come to
the City with this project this summer like the County requested. She also noted that each new
incarnation of this project brings things the City is looking for in new development, as per the new
master plan process, which is encouraging to see.
. Mark Haggerty, 308 South 5 Street, said if this development is going to happen, with the
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equestrian center and extensive open space, it is going to frustrate the new urbanists. New urbanists
. plus green space development does not work because new urbanists don't like green space, but which
the Commission wants to see.
Mr. Robinson stated one thing that is important to talk about is the fact that this area has been
identified, in the master plan update, as one of the next activity centers. Planning Director Epple noted
the Planning Board has been working on some draft land-use plans for the next 20 years for the
Bozeman area; and one of the concepts to move ahead with is the notion of getting away from strip
corridor development to commercial development centers, which is consistent with this plan.
Mr. Kramer stated this plan is about identical to what was proposed 2 years ago by the hospital
foundation. That plan didn't fly because the residents didn't want to mix light industrial with residential.
He also asked who was going to want to live next to an equestrian center. Mr. Robinson replied that
what they have seen around the country is that equestrian centers are successful and desirable by a
certain population. Mr. Kramer then said that in his opinion, detached garages on alleys also don't
appeal to people. He noted the mix of residential and a school doesn't make sense either because
parents will be shortcutting through residential areas after they have dropped their kids off at school.
Commissioner Smiley mentioned there would be a need for a new fire station and asked if there
would be anyplace to put a new station. Mr. Robinson replied 2 to 3 acres northwest of the school have
been dedicated for a new fire station. They have had conversations with the Rae Fire Department
regarding fire protection for the development itself and the surrounding area.
Mary Vant Hull, 416 East Story Street, stated she hopes all participants in this determination
will give more consideration to parkland because so far she hasn't seen enough parkland for the needs
. of the community both in the development and outside of it. Residents there will still use the facilities
in the center of town, which is good because it will help keep a sense of community; but if there is more
parkland in this new area, more things can be added there for the enjoyment of all the people of the
community.
Mayor Youngman stated that while she likes the direction this project has evolved, she believes
it needs to be within city limits; but, it is farther out than what is cost effective for delivery of city
services. However, a project that is farther out, but will keep people in close proximity, makes more
sense than any other kind of development on the fringe of the city. She suggested it might make sense
to split off the west side of the development, planned for large lots and a shared horse pasture, and deal
with it as a county development because infrastructure is so costly to provide to such a low-density
project.
Mr. Robinson stated that in working with Mr. Nelson and others who have shown an interest
in this project, they all recognize there are potential opportunities elsewhere; but the attractiveness of
this development is the employees could live here and walk to work. Other locations wouldn't have the
holistic benefit this development will offer. Mr. Robinson said the city's planning process is very
deliberate and that is very good, but it is clashing with their model for very Quick and expanded growth.
City Manager Johnson stated while the City is in the process of discussing changes in the way
it conducts business, those changes are not yet in place and cannot be made particular to only this
development; they must be made available to everyone. Engineering staff needs to determine if
. temporary connections could be allowed or not; and if not, Williams Brothers has enough experience
building water and wastewater lines that they know this is not going to be a simple process and will
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move fairly slowly. These systems are going to be owned by the city forever, so they need to be done
. correctly and not rushed. There are a lot of timing issues involved with this project as well.
Mr. Nelson said since everyone has been saying the city and county need to work together, this
is the perfect time to make that happen. There ought to be some way to achieve that. What would be
wrong with making that a part of the fast track process, where two departments (city and county) could
be put together?
Commissioner Frost replied the two entities are not working together with the same types of
systems; the city isn't hooked up to the county system. Mr. Nelson then suggested a city-compatible
system could be built and asked for permission to allow Williams Brothers and Zoot Enterprises to get
DEQ permission for a temporary system (batch reactors) to run until the city is ready to extend its lines
to the area. He noted they are willing to install a system that will conform to a higher standard than
what is now in place.
Commissioner Frost answered he would want the Engineering Department to tell him if these
systems could be tied into properly. Also he wouldn't be in favor of this project if this property weren't
annexed. Commissioner Frost continued, saying if this property is annexed and connected to systems
that will be compatible with city services at some time, then he would be in favor.
Mr. Nelson asked if it would be an option to develop this project in the county. Both
Commissioner Frost and Mayor Youngman replied, "No!". Mayor Youngman added it is the worst case
scenario for city residents. This is an urban development with urban impacts on city taxpayers. The
residents who live there are not going to stay on that property and not use anything else, including the
library, city streets, and so forth. This property must be annexed into the city. Perhaps the City may
. need to think differently about the delivery of services into this area, but maybe they can't. There has
been a longstanding policy to require annexed property be hooked into city services.
Mayor Youngman indicated the city would be glad to work and talk with the county, but that
doesn't improve the timetable. The timetable comes from the complexities involved with this type of
development.
Mr. McKenna said he thought the county would suggest the section containing Zoot Enterprises
and those homes have an "R-O" zoning designation within the county; and as soon as there is a new
sewer trunk brought into the area, they would annex and hook up to city services. .
Commissioner Frost said he would like to see this development built, but he wants to make sure
it is built right and is a plus for the city. And that means the property will be annexed and paying city
taxes because they are using city services. If the developer can work out an annexation agreement for
phase 1, with a system in place that is approved by staff and can be hooked into city services and have
it work the way it is supposed to, that will be acceptable to him.
Planning Director Epple noted there are certain development standards in place and fundamental
to those is that infrastructure must be in place and accepted before development can begin. Typically
what his department finds is it requires a lot of time to meet conditions, install infrastructure, finalize
plans, and so forth.
. Commissioner Kirchhoff offered he gets the feeling that this project is already a go, but he has
serious problems with a lot of that plan. He noted there hasn't been any discussion regarding how the
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infrastructure is going to be handled, and the roads are going to be a problem. The Commissioners' job
. is to say they have concerns, and they need to be addressed.
Mr. Williams reminded the Commission they initially brought this project to the city for initial
review on May 30, and their request then was to hook temporarily into the existing sewer line running
across the property to enable them to get started with phase 1. The response wasn't favorable, so they
took another direction. Mr. Williams noted the facilities are there to make this project happen within
the city, if the City wants to make it happen. Time is of the essence; Zoot Enterprises needs to be under
construction by April, or Williams Brothers is going to lose them as a tenant. Mr. Williams said they need
to have some decisions made now; not in 2, 3, or 4 weeks from now. He also said he has asked for
ideas from City staff, and he has met with staff several times and has gotten no response.
Planning Director Epple said a lot of the questions need to be answered by the Commissioners.
Will the city allow these developers to tie into a sewer line whose capacities are tied into other
properties? How can the city allow these residences and important businesses to tie in now, and th~n
have to disconnect those services in 10 years because other property owners have claimed their rights?
Commissioner Frost noted that first, the architect needs to come forward and start the
application process. There isn't anything that can be done until that happens.
Mr. McCann said he is glad the city is taking such a hard look at the master plan and how it
affects the community, and that is commendable. But he has learned tonight that government works
on one timeline and commercial industry works on another. If these companies can't build and expand
on a timely schedule, they will have to go somewhere else. Mr. McCann further stated they have very
highwpaying jobs that will be gone forever because the costs here are so horrendous. There are two
. different development timelines here, and now everyone needs to sit down and figure out how this can
be worked out.
Mayor Youngman responded by saying the Commission is aware this a problem for businesses
that are growing as fast as they are; and the City is talking about that and wants to be fair. The
Commission doesn't want to lose these businesses, but they don't want to lose the processes City staff
has been working on to develop either.
Mr. McCann replied 4 to 6 months for these businesses is an eternity; the pace this industry
runs at is at the speed of light. They are willing to help with expediting the review process; the 'City just
needs to tell them what they need to do.
Commissioner Brown pointed out the key factor to keep in mind is that several of these
companies need access to highwspeed fiber optics; so for them, this is the key part of the situation. If
this project develops in this location, his understanding is there is very good access to fiber optics,
which is more important for those companies than being close to water or sewer lines. The two
quadrants fit very well into the city; although it is probably a V4 mile or so farther out than the
Commission would like to see, but something that large is going to be away from the city. He said he
would like to see this developed as a part of the city, even with the challenges of the timeline and
preferably with city services. If City staff is comfortable with making arrangements for them to hook
up later, he will accept that. He would prefer, however, to have e:-,erything hooked up from the
beginning.
.
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Mayor Youngman stated the Commission needs to take seriously what Commissioner Kirchhoff
. said with regard to his reservations. Though there are some things that could be handled a little
differently based on the city's growth plan, she thinks this development belongs in the city; and she
is willing to cooperate as long as it works well with the city's master plan. Mayor Youngman continued
by saying Commissioner Frost's suggestion to get their application in the works is the best one. The
developer needs to get started with the process.
Mr. Williams said he would like to ask the Commission if they make application and move
forward, are the Commissioners individually willing to allow them to start construction of Zoot
Enterprises or some other business prior to having all infrastructure in place whether or not they hook
into the existing lines. The businesses need to get under construction while the developer is doing the
sewer and water work, which will take months.
Mayor Youngman responded by saying it would be utterly improper for us to make any
commitment before a public review process has taken place. Staff Attorney Cooper added the
Commission has no jurisdiction to do that because the property is currently not annexed into the city.
Commissioner Brown noted the Commissioners are talking to the developers tonight because it is
assumed they are planning to annex this property. One of the biggest hangups besides the timeline is
whether or not this property is annexed.
Bill Armold, County Planning Board, offered the direction here is a desire of the county to work
together to coordinate and cooperate its planning efforts with the city; and these kinds of projects point
to the absence of a formal operating agreement in terms of how the city and county can cooperate in
long-term planning and development review that have become issues in light of this project. The city
and county have entered into discussions to work on an inter-local agreement to put a process like that
. together.
Commissioner Frost ended the discussion by saying the bottom line is the developer needs to
bring forth an application.
Adiournment - 9:00 em
There being no further business to come before the Commission at this time, it was moved by
Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Kirchhhoff, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none.
~fj
MARCIA B. You~ayor
ATTEST:
@~ ;/~
ROBIN L. SULLIVAN
Clerk of the Commissiol} PREPARED BY:
. ~ ~CJ\ CLd-_a..U1. OA.J
KA EN L. DeLA THOWER
Deputy Clerk of the Commission
12-11-2000
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