HomeMy WebLinkAbout1999-11-15 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 15, 1999
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The Commission of the City of Bozeman met in regular session in the Commission Room,
. Municipal Building, on Monday, November 15, 1999, at 7:00 p.m. Present were Mayor
Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner-
Elect Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and
Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - ADril 26. June 21. July 6. July 19. Auaust 2. August 16. SeDtember 7. SeDtember
20. October 28. November 1 and November 8. 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of April 26, June 21, October 28, November 1 and November 8,
1999, be approved as submitted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor
Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of July 6, July 19,
. August 2, August 16, September 7 and September 20, 1999, to a later date.
Selection of fifth Commissioner
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Commissioner-Elect Steve Kirchhoff be seated as the fifth Commissioner for the remainder of
the calendar year. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Rudberg, Commissioner Frost, Commissioner
Smiley and Mayor
Youngman; those voting No, none.
Swearina in/seatina of new Commissioner
Clerk of the Commission Sullivan administered the Oath of Office to Commissioner-Elect
Steven R. Kirchhoff, after which he was seated.
Mayor Youngman welcomed Commissioner Kirchhoff and noted that the party for the
new Commission will be held in conjunction with the reorganization of the Commission,
scheduled for 10:00 a.m. on Monday, January 3, 2000.
. Public hearina - Commission Resolution No. 3330 - intent to annex 34.555 acres described as
COS No. 2085. in the SE%. Section 2. T2S. R5E. MPM (between Durston Road and West Oak
Street. east of Covered Waoon Mobile Home Park and west of the Gallatin County Rest Home)
- Gene E. Cook for Roy T. Walton (A-9908)
This was the time and place set for the public hearing on Commission Resolution No.
3330, entitled:
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COMMISSION RESOLUTION NO. 3330
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN,
AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
. Mayor Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reviewed the location of the
subject property, which lies south of the Bridger Peaks Subdivision, west of the Gallatin County
Rest Home, north of the school property, and east of Nelson Mobile Home Court, all of which
are located inside city limits. He noted that, with the annexation of this property, the Covered
Wagon Mobile Home Park will be a wholly surrounded parcel.
The Senior Planner stated that staff has reviewed this application in light of the goals
and policies set forth in Commission Resolution No. 3137, and the staff's comprehensive
findings are contained in the written staff report. He briefly highlighted those findings and
stated that, based on those findings and input from the Design Review Board, staff has
identified the following eight issues to be addressed prior to or in the Annexation Agreement:
1. That the applicant execute at the Gallatin County Clerk and Recorder's
Office waivers of right-to-protest creation of S.I.O.s for improvements to
Durston Road to city street standards and signalization improvements at
the intersection of Durston Road and North 15th Avenue.
2. That the applicant execute at the Gallatin County Clerk and Recorder's
Office a waiver of right-to-protest creation of S.I.D.s for a City-wide Park
. Maintenance District, which would provide a mechanism for the fair and
equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
3. The property owner shall provide usable water rights, or cash in-lieu
thereof, in the amount determined by the Director of Public Service at the
time the property is developed through subdivision or site plan review.
4. The property owner should be advised that street and utility easements for
the extension of public streets may be required at the time the property is
developed. This could include the extension of public streets through the
property.
5. The property owner should be advised that prior to development of the
property, the future developer(s) may be required to prepare, at their own
expense, a comprehensive design report evaluating existing capacity of
water and sewer utilities, stormwater master plan and traffic impacts.
6. At the time existing or new structures apply for connection to the City's
water and sewer facilities, the landowner(s) shall pay all applicable water
and sewer impact fees that are due. The landowners and their successors
. shall pay all fire, street, water, and sewer impact fees required by Chapter
3.24, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
7. An annexation map with a legal description of the property must be
submitted by the applicant for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (18-inch by 24-inch),
and on an 8 % -inch by 11-inch or 8 % -inch by 14-inch paper for filing with
the Annexation Agreement with the County Clerk and Recorder. This map
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must be acceptable to the Director of Public Service and shall be
submitted with the signed Annexation Agreement; and
8. That the applicant execute all contingencies of said Annexation Agreement
with the City of Bozeman within one (1) year of approval by the governing
body.
The Senior Planner characterized these issues as basically bOilerplate issues addressed
in all annexation agreements. He then noted that, just prior to the meeting, a memo from
. Street/Sanitation Superintendent Roger Sicz, dated November 12, was distributed. He
indicated that, in that memo, the Superintendent has recommended another item be added, as
follows:
9. That the property owner, Roy T. Walton, terminate, or cause to be
terminated, the judgment against the City of Bozeman for damage
stemming from the piping and contamination of the irrigation ditch.
The Senior Planner stated that this judgment, which was issued in 1978, involves the
construction of improvements to North 15th Avenue and Durston Road, which included piping
of the irrigation ditch.
Senior Planner Skelton stated that the Planning Office has received some public
comment on this requested annexation, noting that the concerns voiced pertain to development
of the site; and those issues are more appropriately addressed during subdivision review and
zoning.
Mr. Gene Cook, applicant, stated he has been working with staff on this requested
annexation and the subsequent zone change. He then indicated his willingness to accept the
conditions listed above, including the added one.
. Ms. Jessie Hubbert stated her home is in Nelson Mobile Home Park and backs up to the
fenceline. She asked if North 15th Avenue will be extended northward in a straight line or if
it will be located against the fenceline of the mobile home park.
Senior Planner Dave Skelton stated that development of the site is in the conceptual
stage, and that plan is what has triggered the request for annexation and the subsequent zone
map amendment. He stated that North 15th Avenue has been designated as a collector and
will extend northward to Oak Street and then further north to Baxter Lane. He noted that its
northward extension will be from its current intersection with Durston Road, for which
signalization is anticipated in the future, but its alignment from that point northward is not
currently known.
Mr. Gene Cook stated that he has several discussions with Ms. Esther Nelson, owner
of the mobile home park, and they have informally agreed to install a privacy fence together
to reduce the impacts of North 15th Avenue, which he anticipates will be located along the
west edge of this parcel. He noted that he has also had several meetings with the Recreation
and Parks Advisory Board, and that Board has discouraged him from using a narrow strip of
parkland to buffer the mobile home park from the street; rather, the Board has encouraged him
to provide usable parkland in the core of the site.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the
Commission authorize and direct staff to bring back an Annexation Agreement addressing Item
Nos. 1 through 9 listed above, for Commission consideration. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Kirchhoff, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting
No, none.
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Public hearina - Zone MaD Amendment from "AS" to "R-O" and "R-3" - Gene E. Cook for Rov
T. Walton - 34.555 acres described as COS No. 2085. in the SE%. Section 2. T2S. R5E. MPM
(between Durston Road and West Oak Street. east of Covered Wagon Mobile Home Park and
west of the Gallatin Countv Rest Home) (Z-99113)
This was the time and place set for the public hearing on the Zone Map Amendment
requested by Gene E. Cook for Roy T. Walton, under Application No. Z-99113, to change the
zoning on 34.55 acres described as Certificate of Survey No. 2085 from" AS", Agricultural
. Suburban", to .. R-O", Residential--Office, and "R-3", Residential--Medium-density. The subject
property is more commonly located between Durston Road and West Oak Street, east of the
Covered Wagon Mobile Home Park and west of the Gallatin County Rest Home.
Mayor Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted the proposed zone
map amendment establishes the appropriate zoning for urban density development, stressing
that no specific development proposal has been submitted. He stated that the applicant is
seeking rezoning of the north half of the property to "R-O" and the south half of the property
to "R-3". He briefly reviewed the permitted and conditional uses in each of those zones, which
would allow for professional offices on the north half of the site and a variety of housing types
on the south half.
The Senior Planner stated that staff has reviewed this application in light of the twelve
criteria set forth in the State statutes, and the staff's comprehensive findings are contained in
the written staff report. He noted that, as a result of those findings, staff has recommended
modification of the rezoning to allow for rezoning of only the north one-third of this property
to "R-O" with the remaining two-thirds being rezoned to "R-3". He stated that the City
Planning Board considered this application at its meeting held on November 2 and, following
that public hearing, concurred in staff's recommendation.
. The Senior Planner reminded the Commission that the subject property is located in the
North 19th Avenue/West Oak Street sub-area master plan, which has identified West Oak
Street as the demarcation between commercial to the north and residential to the south. He
also noted that the sub-area plan provides for additional landscaping and buffering along the
roadway.
Mr. Gene Cook stated he does not have any specific development plans at this time;
however, he anticipates a variety of housing types, in the lower end of the price range, on the
southern portion of the property and possibly some office development peripheral to
development of the adjacent County property on the north end.
No one was present to speak in opposition to the requested zone map amendment.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the
Commission approve the Zone Map Amendment requested by Gene E. Cook for Roy T. Walton,
under Application No. Z-99113, to change the zoning on 34.55 acres described as Certificate
of Survey No. 2085 from "AS", Agricultural Suburban", to "R-O", Residential--Office, and
"R-3", Residential--Medium-density, subject to the following:
. 1. That the applicant obtain approval by the City Commission to annex said
property to the corporate limits of the City of Bozeman and execute the
Annexation Agreement for said property.
2. That the applicant provide the Planning Office with a legal description
containing the metes and bounds, and acreage of said zone map
amendment prepared by a licensed Montana surveyor for review and
approval by the City Engineer's Office.
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3. That the "R-O", Residential Office District, zoning designation be limited
to the north one-third of the property that fronts along West Oak Street.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor
Youngman; those voting No, none.
. Commission Resolution No. 3335 - setting fees for the columbarium at $unset Hills Cemetery
Included in the Commissioners' packets was a copy of Commission Resolution No.
3335, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3335
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING FEES CHARGED FOR THE COLUMBARIUM AT THE
SUNSET HILLS CEMETERY.
Superintendent of Facilities and lands James Goehrung noted that, included in the
packet, was a memo from him dated October 26, forwarding the Cemetery Board's
recommendations and the minutes from the meeting of October 21, at which this issue was
discussed at length. He noted that the Cemetery Board will review the entire fee structure for
the cemetery at its meeting in February; but they requested that the fees for the columbarium,
which is a new feature at the cemetery, be established now so that niches can be offered.
Mr. Tom Olson, owner of Bozeman Granite Works, voiced his concern about the
proposal that the City supply the bronze plaques, since that would set a bad precedent of the
City competing with private business. He stressed that it is not the amount of money involved
that is the issue; rather, it is the issue of competition.
. Responding to Commissioner Rudberg, Mr. Olson stated that the $75 fee proposed by
the Cemetery Board is the factory cost; and he cannot provide them for that amount.
Further responding to Commissioner Rudberg, Superintendent Goehrung stated that the
brass plaques are cast individually. He noted that, under the recommendations forwarded by
the Board, the brass plaques are to be "plain vanilla" with the individual's name, date of birth
and date of death only. He stated this recommendation was based on the Board's discussion
that the columbarium wall is different from the graves, where space separates the headstones;
and the Board members felt a uniform appearance was important in this instance, to avoid the
distraction that might result if individual plaques are allowed. He indicated that the doors on
the niches are 12 inches by 12 inches, and the plaques are 10 inches wide, thus limiting the
amount of information on each plaque.
Commissioner Smiley stated she has seen columbariums where people are allowed to
put what they want on the plaques, and it looks nice. She noted the City should not provide
the plaques at cost and should not consider becoming involved in another program that does
not make money. She concluded by characterizing the proposed uniformity in plaques as
"NIMBYism beyond the grave".
Commissioner Rudberg stated she agrees with the fees for the deed and opening and
closing, but she cannot support the fee for the plaque. She also stated that when burying a
. loved one, one should have the opportunity to individualize the tombstone or plaque, staying
within the size allowed.
Commissioner Frost stated his concurrence, recognizing that uniqueness in burial is
important, as long as that individuality is confined to the standard size plaque. He then
suggested that the City could provide plaques, as recommended by the Cemetery Board, for
those who choose to use that option or who cannot afford a different one.
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Responding to questions from Mayor Youngman, City Attorney Luwe stated that this
resolution only sets the fees; and any rules and regulations pertaining to the columbarium and
the plaques must be adopted by ordinance at a future meeting.
Responding to Mayor Youngman, Superintendent Goehrung stated that a number of
vendors provide the brass plaques, which are individually cast when ordered. He indicated that
a specific size standard must be set, with the layout of the bolt pattern being identified. He
also indicated that decorative rosettes may be used to cover the bolt holes if the City does not
require a plaque and an individual chooses not to purchase one.
. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Commission Resolution No. 3335, establishing the fees for the columbarium at Sunset Hills
Cemetery, be adopted as revised to delete the fees for plaques. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No,
none.
Staff reDort - reauest from CLC Associates. Inc.. on behalf of Kav H. Martinen and George E.
Westlake to annex 2.573-acre Darcel located in the NE~. Section 1. T2S. R5E. and NW~.
Section 6. T2S. R6E. MPM (extending east from WalMart site) (A-9910)
Included in the Commissioners' packets was a copy of the staff report on the annexation
of a 2.573-acre parcel located in the Northeast one-quarter of Section 1, Township 2 South,
Range 5 East, and the Northwest one-quarter of Section 6, Township 2 South, Range 6 East,
as requested by CLC Associates, Inc., on behalf of Kay H. Martinen and George E. Westlake
under Application No. A-9910. The subject property is more commonly located east of the
WalMart site.
Assistant Planner Joni Killebrew presented the staff report. She noted that the subject
property is located immediately to the east and south of the existing WalMart site and lies
. between 1-90 and West Oak Street. She stated that the property lying immediately to the
south of the WalMart store is currently inside city limits; however, this additional 2.5-acre
parcel is needed to accommodate a proposed expansion, to become a super center with a
grocery store.
The Assistant Planner stated that staff has reviewed this application in light of the goals
and policies established by the Commission, and the staff's comprehensive findings are
contained in the written staff report. She briefly highlighted those findings, noting that staff
has recommended that the following items be addressed prior to or in the Annexation
Agreement:
1. The Annexation Agreement, which addresses all conditions placed on the
application by the City Commission, shall be returned to the City of
Bozeman within one year of the City Commission's vote to annex the
property, or the annexation approval will be void.
2. The applicant shall submit an annexation map with a legal description of
the property with the Annexation Agreement. The map must be supplied
on a mylar (18-inch by 24-inch) for City records and on either letter or
legal size paper for filing with the Annexation Agreement with the Gallatin
County Clerk and Recorder. This map must be acceptable to the Director
. of Public Service.
3. The property owner(s) shall provide usable water rights, or cash-in-lieu
thereof, in an amount to be determined by the Director of Public Service,
at the time the Annexation Agreement is submitted.
4. The Annexation Agreement shall include executed Waivers of Right to
Protest the Creation of Special Improvement Districts for:
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a. A City-wide Park Maintenance District, which would provide
a mechanism for the fair and equitable assessment of
maintenance costs for city parks.
The documents filed shall specify that in the event an 5.1.0. is not utilized
for the completion of these improvements, the developer agrees to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square
. footage of property, taxable valuation of the property, traffic contribution
from the development or a combination thereof.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the staff report on the request for annexation of a 2.573-
acre parcel located immediately east of WalMart. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner
Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none.
Commission Resolution No. 3336 - intent to annex 2.573-acre Darcel located in the NE%.
Section 1. T2S. R5E. and NW%. Section 6. T2S. R6E. MPM (extending east from WalMart
site): set Dublic hearing for December 20. 1999
Included in the Commissioners' packets was a copy of Commission Resolution No.
3336, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3336
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE PARTICULARL Y
. DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
Mr. Don White, attorney representing the property owners, stated his concurrence with
the staff report and recommendations given in the previous agenda item. He noted that
WalMart has identified the need for the five acres inside city limits plus the 2 % -acre strip to
the east of the existing store for its proposed expansion. He recognized that the remainder of
the property owned by Mr. Westlake and Ms. Martinen now fronts on West Oak Street;
however, he stated there are no plans for developing it at this time. He noted, rather, the
owner intends to continue farming that land until it is developed. He then encouraged the
Commission to consider the good history that the property owners have of working with the
City and providing the right-of-way needed for the extension of Oak Street.
Commissioner Rudberg stated she has no problem with the annexation as requested,
recognizing that the extension of Oak Street will probably result in a development proposal
within a short time.
Responding to questions from Commissioner Rudberg, City Attorney Luwe confirmed
that if the Commission chooses to not approve the annexation of this sliver, but to seek
annexation of the entire parcel, it must direct staff to bring back a new resolution for the entire
parcel. He then indicated that if a majority of the property owners protest that annexation,
then the property may not be annexed and the City may not pursue its annexation again for a
. at least one year; although, the property owners may once again seek annexation within that
one-year period.
Commissioner Frost voiced his concerns about the proposed piecemeal annexation of
this property, particularly in light of the costs that the City might encounter with development
of this area if the entire parcel is not annexed at this time.
Commissioner Smiley stated she has no problem with proceeding with the annexation
as requested, stating she feels the remainder will be annexed in the near future. She also
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stressed the importance of recognizing the property owners' willingness to work with the City
and to provide the needed right-of-way for the Oak Street extension.
Mayor Youngman stated she appreciates the cooperation which the City received in the
extension of Oak Street. She stated, however, that when property is broken into little pieces
for the convenience of one development, it is more difficult to get the needed infrastructure
commitments. As a result, she feels the entire parcel should be annexed at this time, rather
than the proposed sliver.
. Commissioner Rudberg stated it is important to recognize that the subject property will
not develop in the county, since it will need City services for that development. She expressed
concern that the property owner will be assessed street and tree maintenance assessment on
a wheat field if the entire parcel is annexed at this time.
It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that
Commission Resolution No. 3336, stating the City's intent to annex a 2.573-acre parcel
immediately east of WalMart, be adopted. The motion failed by the following Aye and No vote:
those voting Aye being Commissioner Smiley and Commissioner Rudberg; those voting No
being Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman.
Discussion re request for City's financial commitment toward acauisition of additional Darkland
in Sundance SDrinas Subdivision
City Manager Johnson noted that, at last week's meeting, the Commission heard a
presentation from Russ and Lisa Tuckerman regarding possible rearrangement of lots in the
southeast corner of the Sundance Springs Subdivision and the attendant reduction in the
amount of parkland to be acquired. He noted that, at that time, the Commission also received
a request for financial commitment toward the acquisition of that property, and reminded the
Commission that the deadline for fundraising is December 31 .
. Responding to Commissioner Rudberg, Mayor Youngman stated that conversations with
County Commission Chair Bill Murdock revealed the County Commission generally seems
receptive to contributing something toward this purchase, particularly since this property is
bordered by both city and county properties. She then suggested that if a match program is
created, communication with the public will be very important and proposed that follow-up
letters be mailed to those who have already donated or pledged, with encouragement to
forward it to a friend. She also suggested that an advertisement be placed in the Bozeman
Daily Chronicle, encouraging people to give a holiday gift to the community.
Commissioner Rudberg noted that the monies in the County's Parkland Trust Fund are
for the entire county, and those in the outlying areas could be opposed to spending a significant
portion of those monies on acquisition of this property.
Superintendent of Facilities and Lands James Goehrung noted that the City has Parkland
Trust Fund monies plus the $75,000 budgeted annually for implementation of the parks master
plans. He stated that the last expenditure from the Parkland Trust Fund was for the purchase
of Burke Park, and the current balance in that fund is slightly under $84,000.
Responding to Commissioner Frost, City Manager Johnson stated that the current
balance in the Haynes monies is $196,000, with $180,000 of that being committed to the
pavilion at the Fairgrounds, leaving $16,000 not yet appropriated.
. Mayor Youngman suggested earmarking the remainder of the Haynes monies for this
project, with the remainder of the funding not yet being identified.
City Manager Johnson noted the City can commit to a certain amount of monies prior
to December 31; however, he suggested that the actual expenditure of those monies may not
occur until after the first of the year.
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Commissioner Rudberg suggested that the City challenge the community to match the
City's contribution, at the rate of $2 for every $1. She noted that, on that basis, the total
leveraged could be $150,000.
Mrs. Lisa Tuckerman encouraged the Commission to identify the leverage factor, so they
can begin distributing information. She then indicated that the monies will probably not be
needed until next spring or summer, since Mr. Potter must first obtain several different
approvals before the possibility of acquiring a smaller portion of the property can become a
reality. She then reminded the Commission that if not all of the approvals are forthcoming, this
. process will not move forward.
Responding to Commissioner Kirchhoff, Mrs. Tuckerman estimated that under the
revised proposal, approximately 8 of the original 14 acres would be acquired for additional
parkland. She stated that the ten new lots would abut this parcel; however, the closest back
yard would be approximately 200 feet from the trail, with the buffer being 300 to 500 feet in
most locations. She indicated that the negotiated price for that property will be based on a fair
return on PC Development's investment. She concluded by stating that she and her husband
are willing to co-sign the loan; however, if the price is not significantly reduced, it will be out
of their reach.
Mr. Russ Tuckerman noted that Gardner Park is an undeveloped city park, and McLeod
Park is located very close. He stated that, with the acquisition of this parcel, there will be 24
acres of wildlife corridor and riparian area; and both city and county parks would be connected
via a trail.
City Attorney Luwe cautioned that the monies paid into the City's Parkland Trust Fund
must be from properties in close proximity to the property being purchased and, as a result,
noted that staff must review the sources prior to determining if any monies are available for this
purpose.
Commissioner Frost suggested that the Commission direct staff to look for monies during
. the next few weeks, with the Haynes monies serving as a base for the City's contribution. He
characterized this as a precedent for providing open space within the community, and
suggested that inventorying the existing open space is also needed.
Responding to Commissioner Rudberg, the City Manager stated he feels it would be
possible to identify $50,000 within the City's budget for this project. He then stressed the
importance of "systems think", cautioning that this is only one of many, many financial
requests that the Commission will be receiving over the next few months. He cited the
proposal that will be forwarded by the 9-1-1 Board at the December 13 meeting as another
example of receiving a single financial request that must be considered in the context of the
financial needs of the overall organization and cautioned that making individual systems in a
vacuum is risky. He recognized that, in this instance, if the Haynes monies and then other
monies from those already earmarked for parks are used for the City's contribution, the
integrity of the overall City structure should not be compromised.
Commissioner Rudberg stated she feels her proposed match of $1 City dollar for every
$2 community dollars will generate $150,000 for the project, which will help it become a
reality.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the
Commission commit up to $50,000 in City funds, as a two-for-one challenge grant to be
. matched by citizen donations, including unearmarked portion of Haynes monies, and direct staff
to identify possible park-related sources for the remaining amount needed during the normal
budget process. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost
and Mayor Youngman; those voting No, none.
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Discussion re susDension of Design Review Board members who do not meet current
requirements
City Attorney Luwe noted that, at last week's meeting, the Commission directed staff
to bring back an ordinance to change the requirements for serving as a citizen member on the
Design Review Board. He stated that a review of the circumstances has suggested this change
can be processed as an emergency ordinance, and it will be placed on the December 6 agenda
for public hearing and adoption.
. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission suspend those members of the Design Review Board who do not meet the current
requirements, pending revision of those requirements. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Discussion ra tODics for ioint City-County Commission meeting on December 13
City Manager Clark Johnson stated the 9-1-1 Administrative Board has requested an
opportunity to do a presentation on a proposed mill levy.
Commissioner Smiley requested that the presentation also clarify the statement in the
Director's letter regarding overtime.
Mayor Youngman stated that she spoke to County Commission Chair Bill Murdock today,
and it seems the vast majority of the joint meeting will be devoted to the 9-1-1 presentation
and discussion. She stated the County Commission also plans to give a brief update on the
West Babcock Street project.
The Commissioners decided that these are the only two topics to be included on the list
for the joint meeting.
. Discussion - Commissioner Droiects
None of the Commissioners forwarded any comments under this agenda item.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
( 1 ) Copy of a note from Gary Tschache thanking the City for cleaning the streets.
(2) Copy of a letter from Engineering Assistant Andy Kerr to property owners in
various locations, notifying them that parking from 2:00 a.m. to 7:00 a.m. would no longer be
prohibited in those areas.
(3) Copy of a memo from County Planning Director Beland to the County
Commissioners, dated November 2, regarding the mill levy for the "donut area".
. (4) Copy of a publication entitled The Principles of Smart Development, as submitted
by Planning Director Epple.
Commissioner Rudberg asked if this information is to be used by the Planning
Department.
Commissioner Smiley responded that this is information which the Planning Director felt
would be valuable in the master plan update process.
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(5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, November 16, in the Commission Room.
(6) Agenda for the City Planning Board meeting to be held at 5:30 p.m. on Tuesday,
November 16, in the Commission Room.
(7) Agenda for the County Commission meeting to be held at 9;00 a.m. on Tuesday,
November 16, at the Courthouse.
. (8) City Manager Johnson submitted his weekly report, as follows. (1) Stated that
last week, he discussed the schedule for Commission orientation with staff and, as a result of
that discussion, a schedule for meetings in January was developed. He distributed a copy of
that schedule, noting that staff felt it was better to move the entire orientation to January
rather than trying to cram sessions in during the holiday season. (2) Stated that he attended
the Chamber of Commerce retreat at Dead Rock last Thursday and Friday. He noted that they
worked on the mission statement and discussed re-establishing relations with the City
Commission. (3) Stated that he will be attending a 9-1-1 Administrative Board retreat and
meeting on Wednesday and Thursday. (4) Announced that on Friday, he and the Mayor will
attend the Quarterly meeting of City Managers and Mayors in Billings.
(9) City Attorney Luwe stated he will be attending the 9-1-1 Administrative Board
meeting on Thursday and Friday and will be attending the MMIA monthly board meeting on
Friday.
(10) Assistant City Manager Brey submitted the following. (1) Stated that the parking
lot at the southeast corner of West Mendenhall Street and North Willson Avenue is open and
has been striped; however, realigning the curb cuts will not occur until next spring and the
result is erratic parking in the lot. (2) Stated that the third house on South Bozeman Avenue
is now on the market.
(11 ) Clerk of the Commission Sullivan submitted the following. (1) Announced that
. Karen Murphy will start work as the Deputy Clerk of the Commission tomorrow. (2) Stated
that she will attend a leadership training seminar in Helena on Wednesday and will be out of
the office on Friday for a meeting.
( 12) Commissioner Rudberg submitted the following. (1) Thanked staff for the article
in Sunday's newspaper recognizing the Finance Department's receipt of the distinguished
budget award from the Government Finance Officers' Association. (2) Noted that the Planning
Department has received good press on its open houses, which begin this evening. (3) Stated
she has received a letter from Peak Property Management, which she gave to City Attorney
Luwe.
( 13) Responding to Commissioner Rudberg, Assistant City Manager Ron Brey stated
that an opportunity for public input must be included in the transportation plan update. He
noted, however, that he has not yet seen the schedule for that update process.
(14) Commissioner Smiley submitted the following. (1) Stated that the work plan
committee and the publicity committee of the Planning Board have been meeting weekly in
preparation for the open houses being held this week. She noted that the committees are also
working on developing a table of contents for the new master plan, which can be revised as
needed in light of these community meetings and other input. (2) Stated the County trails
committee is working hard to find all of the trails that exist and the trails that are planned,
. noting that the only trails being planned are within the Bozeman city limits.
( 15) Mayor Youngman submitted the following. (1) Stated that, when going through
her files this weekend to identify some of the materials to be included in the orientation of the
new Commissioners, she ran across the information submitted by City Manager Johnson in his
application. She suggested that updating of that information and putting it in a three ring
binder so pages can be changed out when needed, could be beneficial in the orientation
process. The Commission concurred. (2) Stated she enjoyed talking to the sixteen legal
profession members and supreme court justices from the Middle East and Africa who visited
Bozeman last week.
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Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Staff reoort - request from Amerimont. Inc.. to annex 4. 24-acre Darcel described
as Tract B-1. COS No. 1827 (located alona east side of Vallev Center
Road. iust north of its intersection with Catron Street) (A-9909)
. Commission Resolution No. 3337 - intent to annex 4.24-acre Darcel described as
Tract B-1. COS No. 1827 (located alona east side of Vallev Center Road.
just north of its intersection with Catron Street): set Dublic hearina for
December 20. 1999
COMMISSION RESOLUTION NO. 3337
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE PARTICULARLY
DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
Authorize City Manaaer to sign - Sewer and Water PiDeline and Access Easement
and Agreement - Michael Veon. President of Forest View Estates. Inc. -
30-foot-wide easement across Lots 2 and 3. Poncelet Minor Subdivision
(northeast corner of intersection of Bridaer Drive and Birdie Drive)
Authorize City Manaaer to sian - Sewer and Water PiDeline and Access Easement
and Aareement - Raymond G. Carkeek. President of Yellowstone Realtv
and Develooment. Inc. - 45-foot-wide easement across Lot 30. Bridaer
Creek Subdivision. Phase I (north side of Bovlan Road. west of Birdie
Drive )
. Staff reDort - intent to annex 91.267-acre Darcel located in the SE%. Section 35.
T1 S. R5E. MPM (Gardner Simmental Plaza. located alona the east side of
North 19th Avenue. north of Baxter Lane)
Commission Resolution No. 3338 - intent to annex 91.267-acre oarcellocated
in the SE%. Section 35. T1 S. R5E. MPM (Gardner Simmental Plaza.
located alona the east side of North 19th Avenue. north of Baxter Lane):
set Dublic hearina for December 20. 1999
COMMISSION RESOLUTION NO. 3338
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE CONTIGUOUS TRACTS, HEREINAFTER MORE PARTICULARL
Y
DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
Authorize City Manaaer to sian - Sewer and Water PiDeline and Access Easement
and Aareement - James W. and Joanne B. Kack - 30-foot-wide strio
across Tract C. unnumbered survey Dlat in Book 15 of Deeds. Paae 492
. (along north side of Bridger Drive)
Authorize City Manager to sign - Sewer and Water PiDeline and Access Easement
and Aareement - Bozeman Deaconess Health Services - 30-foot-wide strio
across NE%. Section 18. T2s. R6E. MPM (Hillcrest Retirement Center)
Approve cancellation of Commission meetinas of November 22 and December
27 .1999
Claims
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It was moved by Commissioner Rudberg, 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 Rudberg, Commissioner Frost, Commissioner
Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none.
Adjournment - 8:55 D.m.
. 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 Kirchhoff, Commissioner Smiley, Commissioner Rudberg
and Mayor Youngman; those voting No, none.
~f~aYor
ATTEST:
(l~ J ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
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