HomeMy WebLinkAbout2000-07-06 Minutes, City Commission
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MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION
. BOZEMAN. MONT ANA
July 6. 2000
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The Commission of the City of Bozeman met in special session in the Commission Room,
Municipal Building, on Thursday. July 6. 2000, at 7:00 pm. Present were Mayor Youngman,
Commissioner Frost, Commissioner Smiley, City Manager Johnson, Assistant City Manager Brey, City
Attorney Luwe, and Deputy Clerk of the Commission DeLathower. Commissioner Brown and
Commissioner Kirchhoff were absent.
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.
Sianina of Notice of SDecial Meetina
Each Commissioner, in turn, signed the Notice of Special Meeting.
Authorize absences of Commissioner Brown and Commissioner Kirchhoff from this meetina. in
comDliance with Section 7-3-4322(2), M.C.A.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the absences of
. Commissioner Brown and Commissioner Kirchhoff from this meeting be approved in compliance with
Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none.
Minutes - January 18. January 24. January 31. February 7. February 14, May 30. May 31 , June 5. June
19 and June 26. 2000
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the minutes of
the meeting of June 26, 2000, be approved as submitted. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, and Mayor Youngman;
those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24,
January 31. February 7, February 14, May 30, May 31, June 5 and June 19, 2000, to a later date.
Public hearina - Pro Dosed work Dlan and budaet for Downtown Business ImDrovement District (BID) for
Fiscal Year 2000-2001
This was the time and place set for the proposed work plan and proposed budget for the
Downtown Business Improvement District (BID) for Fiscal Year 2000-2001.
Included in the Commissioners' packets was a letter from Bozeman's Downtown Business
. Improvement District, dated June 9, forwarding the proposed work plan and proposed budget for Fiscal
Year 2000-2001.
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Mayor Youngman opened the public hearing.
. Assistant City Manager Brey presented an overview of the material included in the packet.
Kendall Dittmar was present to answer any Commission questions; however, they had none, and
no public testimony was received.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve the work
plan and budget as submitted by the Downtown Business Improvement District and to direct staff to
prepare the resolution of assessment utilizing the method of assessment recommended by the Business
Improvement District Board. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none.
Public hearina - Maior Site Plan ~ Serinaer Groue Architects for Dave MacDonald Construction - allow
construction of an 1 8~unit aeartment buildina on Tract 4. Mountain Vista Subdivision (Brookside, 2019
West Colleae Street) (Z-0050)
This was the time and place set for the public hearing on the Major Site Plan requested by
Springer Group Architects for Dave MacDonald Construction under Application No. Z~0050, to allow the
construction of an 18~unit apartment building on Tract 4, Mountain Vista Subdivision. The subject
property is located at 2019 West College Street.
. Mayor Youngman opened the public hearing.
Temporary Planner Morris presented the staff report. She noted Planning staff and the
Development Review Committee find this application complies with the Bozeman Zoning Ordinance and
the Bozeman Area Master Plan Update. Staff recommends approval of this application subject to the
conditions outlined in the staff report. Additional landscaping is being required. and the applicant is
required to provide a color scheme to the Planning Department. A density bonus of 33 percent is
allowed. Sidewalk will not be required along Farmers Canal at this time. as there currently are no other
sidewalks on that side of the street.
Commissioner Frost questioned condition 27, asking how does staff work out the "superior"
quality? Temporary Planner Morris explained that is why staff required the applicant to submit a color
scheme and additional landscaping. Commissioner Frost suggested this application be submitted to the
Design Review Board (ORB) if the applicant wants the density bonus. so the Commission can have
professional opinions on this plan.
Mayor Youngman noted the Commission is not used to saying "no" to requiring sidewalk
installation, rather deferring it. Dedicating the space now doesn't mean paying for the sidewalk. The City
needs to figure out a way to accomplish that; the taxpayers shouldn't have to pay for future sidewalks.
Lowell Springer, architect for this project,
stated he and the builder think staff's
recommendations and review are good ones. Because of the time this application has spent in the
. review process. they would hate to have to take more time to go through the DRB. This density is in
compliance with the planning seminar held at the Holiday Inn. They gathered from that seminar that
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this was one area the City would encourage higher than normal density because of its proximity to the
. college. There is high density development to the east and the area to the west is being rented or being
considered for higher density.
Mr. Springer continued, saying the applicant appreciates the comment that they need to do
superior landscaping; and they are willing to do that. Mr. Springer said he would like to hear that some
language is going to be included in the conditions that says they can run this application through the
DRB very quickly and informally and yet still have DRB's professional opinion.
Monika Stenzhorn, 2415 West Main Street, addressed condition no.13, the driveway approach,
noting this is not the typical city-standard approach. She wanted to clarify that, in order to get across
the canal, there will be a culvert put into the canal, which has been approved by Farmers Canal. There
will not be curbing along the approach itself.
Dave MacDonald, 4011 Blackwood Road, builder and owner of this project, stated it is his intent
to build a quality project that will look good for the long term. This project was designed to make sure
there is plenty of room to move cars in and out, so people are not backing out onto College Avenue.
The long-term goal is to preserve the landscaping and tall fir trees that currently exist to preserve the
park-like setting. The intent is to make this a quality place that is a notch above the student housing that
currently exists.
Mayor Youngman noted the color scheme has come up. Currently the City has an "overwhelming
sea of beige and gray", and she would like to have the language beefed up so there would be some
different colors. Mr. MacDonald replied they haven't resolved the color scheme yet; the builders are
looking at a reddish tone. They are looking for a quality look for a quality building, a mixing of the colors
. and materials to make this a nice-looking complex. The builder and architect are open to suggestions
from the City.
Mr. Springer added the builder has said he doesn't want this to be another short-term project,
and this building has been redesigned several times. They will make the open spaces work together
with this project as future buildings are designed. The plan is to incorporate a library-type setting in the
future buildings.
There being no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Smiley asked, regarding having the landscaping reviewed, would it be helpful to
provide policy direction to staff that the Commission doesn't want the applicant to go through any more
review processes? Planning staff should be charged with reviewing that.
Mayor Youngman stated she is confused with the explanations of the density bonus. It was
indicated to the applicant that with the three additional units, the extra landscaping requirement would
be triggered. Why didn't that trigger DRB review? Temporary Planner Morris explained it is more of an
administrative policy to allow 18 units before requiring DRB review. Commissioner Smiley clarified that
Ms. Morris is saying the code says 15 units, but administrative policy allows 18. Temporary Planner
Morris indicated that is correct. Planner/Urban Designer Sherman added that Section 18.54.100 of the
Bozeman Municipal Code establishes the densities for residential districts in R-4 zoning areas. These
can be exceeded by 30 percent, and staff can grant that exception in house. Allowable densities are
. granted with the idea code requirements are being exceeded.
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Mayor Youngman asked if staff and the landscape architect on the DRB could review the
. additional landscaping, or if the entire DRB should review it. Commissioner Frost indicated either option
is acceptable to him; however, the landscape architect should know what the Commission is looking
for. Commissioner Smiley indicated she doesn't think it is necessary for this plan to go before the entire
DRB. She also asked if the Commission can provide policy direction to get the landscaping requirements
down so they don't have to be micro-managed so much. Mayor Youngman directed Temporary Planner
Morris to add the requirement for the additional landscaping plan to go back to staff and the DRB
landscape architect for review to condition no. 27.
Break. 7:33 em
Mayor Youngman declared a break from 7:33 pm until 7:43 pm in accordance with Commission
policy.
Mayor Youngman noted the Commission would be very interested in some sort of color scheme
that introduces variety to the neighborhood in some way. Mr. Springer assured her they will work with
staff to come up with some sort of a color scheme that will be pleasing to the Commission.
Mayor Youngman added, in regard to the sidewalk, the Commission is agreed it should be
deferred because of the canal; however, the Commissioners can order it in, correct? City Attorney Luwe
answered state law allows the Commission to order it in. As long as state law doesn't change, the
Commission can order the sidewalk in at any time, as long as it gives the owners 30 days' notice.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the Major Site
Plan requested by Springer Group Architects for Dave MacDonald Construction under Application No.
. 2-0050, to allow the construction of an 18.unit apartment building on Tract 4, Mountain Vista
Subdivision be approved, subject to the following conditions:
1. The applicant shall provide a color scheme to the Planning Department for review
prior to final site plan approval.
2. The applicant shall provide determination of existing right-of-way to the Planning
Department with the final site plan submittal. Should the area designated as
Farmers Canal Easement be legally owned by the property owner, then the 25
feet currently shown as the Farmers Canal Easement shall be dedicated for future
pedestrian circulation system.
3. Written approval must be provided from Farmers Canal for the drive access on
College Street with the final site plan submittal.
4. Fire Department approval of the site plan as proposed at DRC is contingent upon
the entire building being protected by an approved automatic fire sprinkler
system. The site is not approved as submitted without the fire sprinkler system
being installed.
5. Approval of the project without a sprinkler system is contingent upon the
provision of an approved fire apparatus turn-around or an approved secondary
. means of ingress/egress.
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6. The final site plan shall be adequately dimensioned.
. 7. A Storm water Drainage/Treatment Grading Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease, and other pollutants must be
provided to and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient spot elevations), storm water
detention/retention basin details (including basin sizing and discharge calculations,
and discharge structure details), stormwater discharge destination, and a
stormwater maintenance plan. A stormwater easement must be established on
the adjacent property and filed with the County Clerk and Recorder's Office for
the retention pond and discharge course if located off the subject property.
8. Plans and specifications for any water, sewer and/or storm sewer main
extensions, and public or private streets (including curb, gutter, and sidewalks)
prepared by a Professional Engineer (PE) shall be provided to and approved by the
City Engineer. Water and sewer plans shall also be approved by the Montana
Department of Environmental Quality. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Specific comments
regarding the existing and proposed infrastructure shall be provided at that time.
Construction shall not be initiated on the public infrastructure improvements until
the plans and specifications have been approved and a pre-construction
conference has been conducted. No building permits will be issued prior to City
acceptance of the infrastructure improvements.
. 9. Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service line Policy by a Professional Engineer (PE) and be
provided to and approved by the City Engineer prior to initiation of construction
of the fire service or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
10. Easements for the water and sewer main extensions shall be a minimum of 30
feet in width, with the utility located in the center of the easement. In no case
shall the utility be less than 10 feet from the edge of the easement.
11. The final site plan must show the size and location of the water main in West
College Street, all fire hydrants within 400 feet of the property, and the proposed
location of the water service from the curb-stop to the meter including the
location of the meter and back-flow (double-check) protection inside the building
and are subject to review and approval by the Water/Sewer Department. The
City of Bozeman Water Department will install the water service from the main
in West College Street to the curb-stop once a building application is filed and
fees have been paid to the Building Department. City of Bozeman applications
for service shall be completed by the applicant.
12. The final site plan must show the size and location of the proposed sanitary
. sewer service and the peripheral sanitary sewer infrastructure. Proposed main
extensions shall be labeled "proposed".
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13. The drive approach shall be constructed in accordance with the City's standard
. approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as
such on the final site plan. A City Curb Cut and Sidewalk Permit shall be
obtained prior to final site plan approval.
14. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the final site plan.
15. The Montana Fish, Wildlife, and
Parks, SCS, Montana Department of
Environmental Health and Army Corps of Engineers shall be contacted regarding
the proposed project and any required permits (i.e., 310,404, turbidity
exemption, etc.) shall be obtained prior to final site plan approval.
16. Ditch Crossing:
a. The Montana Fish, Wildlife, and Parks shall be contacted by the
Applicant regarding any proposed ditch/stream crossing and any
required permits (i.e., 310,404, turbidity exemption, etc.) shall be
obtained prior to final site plan approval.
b. The applicant shall obtain written permission from the ditch owner
for any proposed crossing.
. c. Hydraulic calculations for the culvert must be submitted by the
applicants' engineer and approved by the City Engineer prior to
final site plan approval.
17. Applicant shall provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of SIDs for street improvements
to West College Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
18. All existing utility and other easements must be shown on the final site plan.
19. Adequate snow storage area must be designated outside the sight triangles, but
on the subject property (unless a snow storage easement is obtained for a
location off the property and filed with the County Clerk and Recorder's office).
20. Drive approach and public street intersection sight triangles shall be free of
plantings which, at mature growth, will obscure vision within the sight triangle.
21. Per Section 18.50.035.D, Bozeman Zone Code, a permanent enclosure for the
temporary storage of garbage, refuse, and other waste materials shall be provided
on the site. The location for, and detail of, the trash enclosure shall be shown
on the final site plan, with the location and enclosure complying with the zoning
. ordinance and City standard enclosure sizes. The location and size shall be
approved by the City's Sanitation Foreman (Department) prior to final site plan
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approval. If a private garbage service will be utilized instead of City garbage
. service, a copy of the proposed final site plan showing the location for the
enclosure shall be submitted to the private company for their review and
approval. A copy of the proposed final site plan which has been signed and
approved by a representative of the private company shall be submitted with the
final site plan application.
22. Unless already filed for the property, an access easement across the Farmers
Canal Ditch Company property shall be filed.
23. The applicant must submit a final site plan within six months of preliminary
approval, as well as a written narrative indicating how all conditions of approval
have been met. Per Section 18.62.090, "Building Permits and Installation of
Improvements" , an Improvements Agreement must
be signed by the
applicant/owner prior to final site plan approval. A building permit will not be
issued until the final site plan is approved. If occupancy of the building is to
occur prior to completion of all required improvements, the Improvements
Agreement must be financially guaranteed.
24. All accessible parking spaces shall be designated as reserved for the disabled by
a sign showing the symbol of accessibility at each space per Section
18.50.120.F.3.c. Details depicting the disabled accessible sign shall be
submitted with the final site plan.
25. All disabled accessible parking spaces shall be 8 feet wide with a 5-foot-wide
. unloading aisle. One of the disabled accessible spaces must be signed "van
accessible" and be 8 feet wide with an 8 feet aisle per Section 18.50.120.F.3.b.
26. The minimum width and/or length of any parking lot landscaped area shall be 8
feet per Section 18.50.1 00.D.5.c.ii.(E)'(3).
27. Landscaping must comply with the mandatory landscaping requirements of
Section 18.50.100 and provide a minimum of 23 landscape points in an R-4
district. The site plan fulfills 13 of the required points. In addition, the proposal
exceeds the allowable densities established by the Bozeman Area Master Plan for
Urban Residentiallnfill properties (6-15 dwelling units per acre). A density bonus
may be allowed to provide for the 3 additional units but only when the proposed
project exceeds established design standards for the development such as:
building height and footprint configurations; superior site planning; landscape and
buffering requirements. Additional landscaping shall be provided within each
required yard in order to provide a buffer between adjoining properties. The final
site plan shall fulfill the necessary landscape requirements and be certified by a
certified landscape specialist registered in the State of Montana. Landscape plan
shall be subject to review and approval by the Planning Department, ADR staff,
and ORB landscape architect prior to final site plan approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
. Commissioner Frost, and Mayor Youngman; those voting No, none.
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Reauest for 5Decial TemDOrary Use Permit - Humane Society of Gallatin Valley. allow Dlacement of one
. UBC-rated mobile home on City DrODerty where existina shelter is located. for use as a SDay/neuter clinic
(T -0002)
Included in the Commissioners' packets were two memos from Temporary Planner Caroline
forwarding information on the Special Temporary Use Permit requested by the Humane Society of
Gallatin Valley. under Application No. T.0002, to allow placement of one UBC.rated mobile home on the
city property where the Humane Society is currently located, for use as a spay/neuter clinic.
Temporary Planner Caroline presented the staff report. She noted this application is coming
before the Commission because the shelter is located on public lands. This commercial grade trailer will
be placed on the existing shelter site. They are requesting a Special Temporary Use Permit for a period
of one year; and after that, they will reapply for a temporary use permit for up to five years. After three
weeks of review, the Development Review Committee supports this application.
Kate Willer, Director of the Humane Society, was present to answer questions.
Mayor Youngman noted there have been informal conversations in the past regarding the
Humane Society issuing City pet licenses when pets are adopted. If there are going to be voluntary
veterinarians on site, would it be possible to do rabies shots at the same time, except in animals that
are too young, so the Humane Society could issue licenses at the time of adoption? Ms. Willer replied
the Humane Society doesn't want their work to interfere with the veterinarians' private practices at all.
If a veterinarian would like to come to the shelter on a more regular basis and be on site to offer
vaccinations at full cost, as part of his regular practice, that would be okay. Any veterinarian could use
the Humane Society's trailer free of charge to do that. The roadblock to the Humane Society issuing City
. licenses is the requirement for rabies vaccinations. Mayor Youngman continued, saying the number of
pets who are not licensed and get no rabies shots after they are adopted is a concern. If a way to
correct this could be figured out, it would be a protection for the entire community. Ms. Willer noted
when the Humane Society adopts pets, the new owners get a certificate for a free veterinary
examination, which gives them the opportunity to then get the rabies vaccine. It is possible people are
vaccinating their pets, but not licensing them. It has been the Humane Society's observation that a high
percentage of people do take advantage of the free veterinary examination.
Jon Gerster, 719 North Wallace, said he has been involved on a knowledge basis with what the
Humane Society has done in the past ten months or 50. He definitely sees this clinic as a vast
improvement and wholeheartedly supports it.
Ed McCrone, 2150 South Story Mill Road, stated he is definitely supportive of this proposal. The
Humane Society does provide an essential and valuable community service. He reminded the
Commissioners this is a temporary permit, and the approval is for a temporary facility.
Commissioner Smiley said she would like for the Commission and Ms. Willer to get together to
further discuss the licensing and the rabies clinic. Ms. Willer agreed, saying that meeting could be held
during a future work session.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Humane
Society of Gallatin Valley's request for a Special Temporary Use Permit, No. r.0002, be approved
. subject to the following conditions:
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1. The proposed trailer would be used occasionally by local, volunteer veterinarians
. to provide spay and neuter procedures.
2. Water for the proposed clinic would be provided by the existing well on-site. The
water would strictly be used for clinic procedures.
3. A proposed sanitary sewer "T" connection would be required to be installed from
the existing main building hook.up to the proposed trailer site location. All plans
and specifications will need to be reviewed and approved by the City
Water/Sewer Department prior to installation.
4. Applicant must obtain the necessary building permit for utility hook-ups to the
trailer.
5. Applicant must submit designs for handicap ramp access to the Building Division
for review and approval prior to installation.
6. The nearest fire hydrant is in excess of 1100 feet from the existing building on
the property. This distance is in excess of the amount of water supply hose the
fire department carries on a single engine. As a result, initial fire attack will be
delayed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none.
. Reauest for modification to street imDact fee credits for imDrovements to North 19th Avenue between
West Oak Street and Baxter Lane. BridQer Peaks Town Center
Included in the Commissioners' packets was a memo from Associate Planner Saunders, dated
June 29, forwarding a request from Grant Creek Partners for Bridger Peaks Town Center for a
modification of street impact fee credits for improvements to North 19th Avenue between West Oak
Street and Baxter Lane.
Associate Planner Saunders handed out a letter from Grant Creek Partners regarding the
confusion over the ownership of the Bridger Peaks Town Center. He also presented an overview and
history of this request. There are three ways to compensate an impact fee credit holder. Two methods
involve cash and are prohibited by the litigation and City Manager's decision. The third is a bank
account with the City, which the developer draws against as new development comes in. The latter is
what is being requested. Both the City Attorney and Associate Planner Saunders have found there to
be no problem with this request. If the City does prevail in the litigation, there is no need to refund
anything; and if the City doesn't prevail, it will owe the developer less than it did originally. Staff
recommends granting this request.
No public testimony was received.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, to approve the
requested modification to street impact fees credits for improvements to North 19th Avenue between
. West Oak Street and Baxter Lane for Bridger Peaks Town Center.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Smiley, Commissioner Frost, and Mayor Youngman; those voting No, none.
ProDosal from Historic Preservation Advisory Board for vacatinG of South Third Avenue between West
Main Street and West Babcock Street for Dossible Darkina in conjunction with rehabilitation of the East
Willson School - Historic Preservation Officer Strahn
Included in the Commissioners' packets was a memo from Historic Preservation Officer Strahn,
dated July 3, forwarding a proposal to vacate South Third Avenue between West Main Street and West
Babcock Street in conjunction with an effort to save and rehabilitate the historic East Willson School.
Historic Preservation Officer Strahn presented an overview of this proposal. He stated he is
pleased with the outpouring of support for saving this building, noting several projects have emerged.
Everyone is in agreement that if this building is going to be saved, parking must be addressed. The
Bozeman Historic Preservation Advisory Board is pleased that some creative ideas have emerged,
including this proposal to vacate South Third Avenue between West Main Street and West Babcock
Street. Preservation Officer Strahn characterized this portion of South Third Avenue as a "rather strange
little street which dead ends at the Emerson Cultural Center and is offset from the rest of Third".
Historic Preservation Officer Strahn noted this proposal would provide approximately 40 parking
spaces if some of the East Willson School property is utilized. This additional parking could be a positive
attribute to saving the school, as well as benefitting the Emerson Cultural Center, Willson Auditorium,
and County Courthouse. The Historic Preservation Advisory Board believes this proposal has merit and
would like the Commission to direct staff to look into the feasibility of this proposal; and if it is feasible,
make it known to the Bozeman School District. The School Superintendent expressed enthusiasm for
. this idea when Mr. Strahn talked to him earlier today, which Historic Preservation Officer Strahn thought
was a good step in the right direction.
City Engineering staff has indicated this street is perhaps suitable for this purpose. The Historic
Preservation Advisory Board would like the Commission to give this idea consideration; and if it has
some merit, direct staff to look into this and other ways to address parking in this area.
Historic Preservation Officer Strahn also informed the Commissioners a town meeting has been
organized for Wednesday, July 19th at the Emerson School Auditorium to educate the public on the
proposals that have emerged for the reuse of this building. The School Board is being asked for their
support; and the City Commission is also being asked for their endorsement, as well as participation,
if possible. Other organizations in the area have been approached, and several have stated their support.
Commissioner Smiley agreed it is a good idea to do something with South Third and suggested
staff should be asked to look into the parking situation. Commissioner Frost stated this street is used
for nothing but parking, even though it isn't official parking, but a lot more cars could probably park
there if it were organized parking. He added he has no problem with this request, particularly if it could
help with the longevity of East Willson School.
Chris Nixon, 719 North Wallace, told the Commissioners this sounds like a great idea; anything
to further the longstanding of the East Willson School is what the City should be doing. Please support
this request.
.
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Jon Gerster, 719 North Wallace and member of the Bozeman Historic Preservation Advisory
. Board, agreed this is a meritorious plan. However, he cautioned he "wouldn't throw the dog a bone
before it sits up". He feels the City shouldn't want to give the school district half of South Third Avenue
to use for parking if they tear down East Willson School. Mr. Gerster asked if this vacation can be made
conditional upon the school district saving the building. He also suggested the Commission beware of
giving the school district more land without them giving something back to the town.
Bill Ranard, 3216 Augusta Drive, noted there is a real bottleneck at that end of town. Without
South Third Avenue it is impossible to exit without first going east before going west. There already is
a real bottleneck in that area as far as trying to navigate going north or south in that area.
Director of Public Service Arkell said there could be options for additional parking other than
vacating South Third Avenue. The Catholic church would also have to agree to this vacation. Ms.
Arkell requested if the Commission decides to look at other options, they do so without using the
Engineering Department because they are backlogged.
Assistant City Manager Brey suggested the City could run this through a conceptual vacation
request process to find all the issues that would have to be designed around. That way the City would
know if there are any obstructions to vacation. This mock vacation would include both the church and
the utility companies as well.
Jon Gerster, 719 North Wallace, reminded the Commissioners the City went through a vacation
request on East Aspen Street a couple of years ago and had to start over again because the state wasn't
initially included.
. Commissioner Smiley commented on Historic Preservation Officer Strahn's request to endorse
the town meeting, stating she thinks it would be appropriate to do so only if the school board does as
well. The church should also be involved. Mayor Youngman suggested writing a letter to the school
board indicating whatever direction the Commission decides to take and stating the Commission would
be happy to be one of the co-sponsors of this meeting along with the school board, but only if the school
board is comfortable with that because it is their building. Commissioner Frost agreed the church and
the school district should be involved. He stated he believes the City needs to take the lead on historic
preservation and be involved in these town meetings. There are several other buildings the City needs
to save, so it would be good to get the process rolling now. Commissioner Smiley said she wants the
owners of all historic properties to be involved and encouraged to work with the community on
preservation. Commissioner Frost added he believes it is the Commissioners' responsibility, as City
leaders, to protect the valuable properties in this city.
Following some further discussion, Commissioner Smiley asked what is the purpose of this town
meeting? Historic Preservation Officer Strahn responded the purpose is to allow the public to have an
opportunity to learn more about this issue and to create a forum for any interested party to layout their
ideas and concerns. The School Board has been asked to participate, and there will be architects on
hand to explain the building study. Roxanne Klingensmith, an independent facilitator, has been asked
to conduct the meeting. Historic Preservation Officer Strahn continued, saying the idea is not that it
would be a gripe session directed toward the school board, but a way to get information out to the
public; to facilitate dialog and get people talking about these issues.
. Commissioner Frost suggested the City follow Assistant City Manager Brey's suggestion for a
mock vacation to let people know the City is at least looking into this. Director of Public Service Arkell
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mentioned angled parking could also be investigated. Mr. Brey noted one of his concerns with the mock
. process is the third dimension, citing the underground water channels discovered at the Recreation
Center as an example.
It was moved by Commissioner Frost and seconded by Commissioner Smiley that staff be
directed to do a mock vacation review for the vacation of South Third Avenue between West Main
Street and West Babcock Street. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none.
Regarding the town meeting, Mayor Youngman suggested sending a letter to the school board
letting them know what the Commission did on the vacation issue and stating the Commissioners know
the school board is considering the possibility of co-sponsoring the town meeting, and the Commission
wants to be supportive of anything they can do to help the school board make a decision. Historic
Preservation Officer Strahn stated three organizations have agreed to co-sponsor this meeting and others
are considering sponsorship. Sponsorship of this event is to show there is community support for
holding this meeting and brainstorming the possibilities for reuse of the East Willson School.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the Commission
send a letter to the Bozeman School Board regarding possible co-sponsorship of the town meeting with
the other organizations involved and offering support for whatever the City can do to preserve East
Willson School, including researching the vacation of South Third Avenue or some other means of adding
more parking if East Willson School is preserved.
Ordinance No. 1520 - Salarv Ordinance for Fiscal Year 2000-2001
. Included in the Commissioners' packets was a copy of Ordinance No. 1520, as provisionally
adopted by the Commission, entitled:
ORDINANCE NO. 1520
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
FIXING THE MONTHLY SALARY OF THE HEADS OF DEPARTMENTS OF THE CITY OF
BOZEMAN AS REQUIRED BY LAW.
No public testimony was received.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No.
1520, the salary ordinance for Fiscal Year 2000-2001, be finally adopted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, and
Mayor Youngman; those voting No, none.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
(1) Letter from members of People First! Bozeman Chapter regarding transportation in the
. Bozeman/Gallatin area.
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(2) Copy of a press release from Senator Conrad Burns' office entitled United Expands
. Montana Flights.
(3) Copy of a press release from Senator Conrad Burns' office entitled $766K for Montana
Drug Courts.
(4) Copy of the schedule of Planning Department items for upcoming Commission agendas.
(5) Copy of a press release from the U.S. Department of Justice announcing that monies are
being released to assist communities, including Bozeman, monitor non-violent substance abusing
offenders through their drug courts.
(6) Copy of the newsletter from Headwaters Recycling, announcing that their next meeting
will be held on July 12 in Three Forks.
(7) Minutes from the Gallatin City-County Health Board meeting held on May 25, 2000.
(8) Minutes from the 9-1-1 Administrative Board meeting held on May 24 and the special
meeting held on June 1, 2000.
(9) Agenda for the Montana Transportation Commission meeting which was held in Bozeman
today.
(10) Agendas for the Development Review Committee meeting and the Design Review Board
meeting held on June 27 in the Commission Room.
. (11 ) Agenda for the County Commission meeting which was held on Tuesday, June 27.
( 12) Notice that the Development Review Committee meeting for this week was canceled,
due to the July 4th holiday.
( 13) Agenda for the City Planning Board meeting which was held on Wednesday, July 5, in
the Commission Room.
(14) Agenda for the City Zoning Commission meeting which was held on Wednesday, July 5
in the Commission Room.
( 15) Revised Agenda for the City Planning Board meeting which was held Wednesday, July
5, in the Commission Room.
City Manager Johnson presented the following FYI item: The economic development seminar
was very good. Everyone who observed the state said a sales tax is needed, and they couldn't
understand why there isn't one. People also were saying it was so hard to get here, they may never
come back, which sends a pretty clear message there needs to be something done about the air service
to the state if Montana is ever going to be economically viable. The technology companies said the
reason they don't come to Montana is because there is no backup access, and the access that is
available is expensive. In the technology business, action has to be immediate or it is too late. If
. Bozeman wants to attract these technology businesses, there must be empty buildings available for
them to move right into; money is no issue to them. The City needs to determine what its role will be
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to provide these buildings; is Bozeman willing to offer tax abatements until the time of occupancy; defer
. impact fees until occupancy; finance without interest cost until occupancy? Does the City want to build
a building, sell it, and use that money to start construction of another? This would give the City the
opportunity to set an example of partnering, design, location, and quality buildings of monument
proportions. Commissioner Smiley noted there is a need to do something with the City's planning review
system, citing a company who wanted to rent the old Story Mill but didn't have the time to go through
the City's lengthy planning review process. Mayor Youngman said that at the charette the high tech
firms were also talking about this issue of available, suitable buildings. The City has now heard this
from three different sources, so it is time to take notice. City Manager Johnson stated he intends to
follow up with Senator Baucus to see if there are economic development possibilities for cities. The
builders say the interest eats them alive; they can't just sit on a building until it is occupied. Perhaps
there is some grant money available that could be used on the front end to help. Mayor Youngman
suggested checking out the availability of state economic development grants.
Assistant City Manager Brey submitted the following FYI items: (1) The Downtown Business
Improvement District has submitted their budget and work plan for fiscal year 2000 - 2001. The
principal tasks include hiring a Downtown Executive Director and putting together an organizational chart
of responsibilities for all the downtown organizations. (2) The Parking Commission, including the newly
appointed members, will hold its next meeting in August. The houses will be rezoned and offered for
sale in the near future.
Commissioner Frost offered these FYI items: (1) Jeff Rupp has looked at two candidates for the
CDBG Board position and would like to recommend one to the Commission. Clerk of the Commission
Sullivan has that application. This item is to be added to the July 17th meeting agenda. (2) At the
Planning Board meeting of July 5 the idea of letting people define their own neighborhoods came up for
. discussion, with Seattle being mentioned as an example.
Mayor Youngman submitted the following FYI items: (1) There will be a group of international
visitors at the Monday, July 10th, Commission meeting. They are interested in attending a government
meeting where there will be public comment presented. (2) July 31 st is the joint meeting with the
County Commission at the County Courthouse. Items on that agenda include a discussion of different
ballot issues and a legislative discussion. At the Commission work session of July 24th the
Commissioners should decide what they want to present at this meeting. (3) There was a great
neighborhood organizational training meeting held, and a number of neighborhood groups attended.
They will be providing neighborhood input for the City's master planning process. This was a really
constructive meeting, and a summary will be sent out. (4) There will be new artwork in City Hall fairly
soon. A woman will loan part of her collection to be displayed in several areas of City Hall; she has
already displayed some of her collection at the library.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ratify City Manaaer's sianature on Sewer
and Water PiDeline and Access
Easements and Aareements with (1) John A. Cannon. (2) J.J. White. (3) Allen
Brandon White. (4) Tracy W. Messina and (5) William T. Cannon for 30-foot-wide
easements aDDroximately 920 feet lona for the sewer main servina the Valley
. West Annexation
07-06-2000 Special
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Authorize City Manaaer to sian - Amendment No. 2 to Professional Services
. Aareement for SID No. 665 (Northwest Waterline) . Gaston Enaineerina and
Survevina. Bozeman. Montana
Authorize Citv Manaaer to sian - Amendment No. 2 to Professional Services
Aareement for rehabilitation and expansion of the sludae laaoons and new
separator waste handlina facility - Morrison-Maierle. Inc.. Bozeman. Montana
Authorize City Manaaer to sian - Amendment No. 1 to
Professional Services
Aareement - Update of wastewater facilitv master plan - MSE-HKM. Incoo
Bozeman. Montana
Authorize Mayor to sian - Memorandum
of Aareement for Continuina
Transportation Plannina in the Bozeman Urban Area. as submitted
Acknowledae receiPt of application for annexation - Fae B. Rolfe Revocable Trust
and William A. Rolfe Revocable Trust - 20.33-acre tract located in the N%. SEv....
Section 35. T1S. R5E. MPM. as shown on COS No. 331 (2501 North 19th
Avenue); refer to staff
Ratify City Manaaer's sianature - Aaency
Aareement and Aareement for
Purchase of Electrical Power Supply
Authorize Citv Manaaer to sian - Construction Aareement for State Maintained
Routes - Montana Department of Transportation - intersection improvements at
. Griffin Drive and North 7th Avenue
Authorize Citv Manaaer to sian - Urban Hiahwav Pilot Improvement Proaram
General Proiect Development and Construction aareement - Montana Department
of Transportation - intersection of Griffin Drive and North 7th Avenue
Authorize Citv Manaaer to sian - Urban
Hiahway Pilot Improvement Proaram
General Proiect Development and Construction aareement - Montana Department
of Transportation - intersection of Baxter Lane and North 19th Avenue
Authorize Mavor to sian - FindinGS of Fact and Order - Preliminary Plat - to
subdivide 1.906 acres located southeast of the intersection of Haaaerty Lane and
Ellis Street into two lots - Farmhouse PartnersnBozeman Limited Partnership (P-
0024)
Approval of final plat for Gillespie Minor Subdivision - subdivide 0.4479-acre
parcel described as Amended Plat of Lot B. Block 3. Babcock and Davis Addition.
and Block 43. Northern Pacific Addition. into three sinale.familv lots (southwest
corner of East Davis Street and North Plum Avenue) (P-0009)
Award bid for sludae mixina proiect - Christie Electric. Incoo Bozeman. Montana -
in the bid amount of $158.200.00
. Claims
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It was moved by Commissioner Smiley, 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 Smiley, Commissioner Frost, and Mayor Youngman; those voting No, none.
Adjournment - 9:10 c.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, and Mayor Youngman; those voting No, none.
MARt:::}M:c:
ATTEST:
~ oi1~
. ROBIN L. SULLIVAN
Clerk of the Commission-
PREPARED BY:
<"-~~ >. n ...C> ~". 'J~ Q /j),rJ. + 1 ~ I d._.L~,--)
KAREN L. DeLATHOWER '
Deputy Clerk of the Commission
.
07-06-2000 Special