HomeMy WebLinkAbout2005-10-10 Minutes, City Commission, WORK
MINUTES OF THE WORK SESSION MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 10, 2005
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The Commission of the City of Bozeman met in work session in the Community Room, Gallatin
County Courthouse, 311 West Main Street, on Monday, October 10,2005, at 6:00 p.m. Present were Mayor
Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve
Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey,
Planning Director Andy Epple, Staff Attorney Tim Cooper and City Clerk Robin Sullivan.
Sianina of Notice of Special Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Work Session - review of proposed UDO revisions
Assistant Planning Director Chris Saunders reminded the Commission that review of the proposed
revisions to the unified development ordinance was previously abandoned to allow staff to process the
routine amendments and those needed to meet statutory requirements. Those amendments are now in
place, and this is the first work session to address the remaining revisions.
Commissioner Krauss expressed concern that he was unable to prepare for this discussion over the
weekend because there was no information in the packet to indicate which revisions would be considered.
After discussion about the process to be followed, the Commissioners agreed to proceed with review of a
few of the proposed revisions.
The Assistant Planning Director began the continued review with No. 90, pertaining to the
architectural guidelines for convenience uses and drive-through restaurants. He noted that the new design
objectives plan contains more detail, which helps to address this issue. He then turned his attention to No.
91, which pertains to corporate identification themes. He indicated that the Planning Board and Zoning
Commission have both recommended that these amendments be forwarded through the process.
Commissioner Krauss stated he feels No. 91 should be revised to make it perfectly clear that the
standard franchise structure will not be successful in Bozeman.
The Assistant Planning Director cautioned that there is a line where one crosses from design
standards to free speech issues; and there is federal legislation on trademarking.
Mayor Cetraro cited the Outback Steakhouse and Home Depot as recently approved projects that
don't reflect the "cookie cutter" standard but reflect an increased standard.
Commissioner Youngman stated she has no problem cross referencing the design objectives plan,
stating she sees no reason to move these revisions forward if they don't add clarity.
Responding to Commissioner Kirchhoff, Staff Attorney Cooper cautioned that signage is one area
where care must be taken. He cited the Lucky Lil's project as an example, reminding the Commission that
the business has the right to use the name but cannot use the term "casino" because of the zoning
regulations in place.
Assistant City Manager Ron Brey reminded the Commissioners of the Famous Dave's restaurant,
noting that the log lodge is an identifier of that business. He also cited Johnny Carinos as another
restaurant with a very distinctive structure and questioned if that type of architecture is to be allowed.
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Planning Director Andy Epple suggested the language "shall generally not be approved" and
reference to the design objectives plan might adequately address these revisions
Assistant Planning Director Chris Saunders turned his attention to No. 92, which pertains to
subdivisions for rent or lease, particularly for a manufactured home subdivision. He noted that this type of
subdivision is not common, stating that only one such application has been processed in the past ten years.
He stated that the Planning Board was evenly split on this issue. Following a brief discussion, a majority
of the Commissioners agreed to move this revision forward with the stipulation "when appropriate".
The Assistant Planning Director turned his attention to No. 93, pertaining to portable carry-out food
and beverage buildings like espresso huts. He noted that this revision requires electrical installations to be
underground, below the frost line. He stated the electrical installation must follow the national electrical
code, and staff preference is to leave the language as is. The Commissioners determined that the previous
revisions have adequately addressed this issue and determined not to proceed with this revision.
The Assistant Planning Director next addressed NO.1 00, which provides for an additional exception
to providing for a neighborhood center in the center of development based on topography of the site. He
noted that the Planning Board has recommended this edit be forwarded through the process.
Commissioner Krauss expressed his support for moving the proposed revision forward, noting that
it eliminates the necessity of pursuing a variance with its more stringent requirements.
Responding to Commissioner Kirchhoff, the Assistant Planning Director stated that the code requires
the neighborhood center to be located within 600 feet of the center of the development, with waivers allowed
if that center would be close to another center.
Responding to Commissioner Krauss, Planning Director Epple confirmed that a neighborhood would
still be required under this revision; it would simply be allowed to move off center.
A majority of the Commissioners indicated support for forwarding this revision through the process.
Assistant Planning Director Saunders turned his attention to NO.1 02, requiring 75 percent of the
perimeter of the neighborhood center to be surrounded by streets; a majority of the Commissioners
indicated support for moving this revision forward with a 100 percent requirement.
The Commission then provided direction on No. 124, pertaining to staff approval of streets, with a
majority indicating support for proceeding with the amendment. Also, a majority of the Commissioners
indicated no support for moving No. 125 forward, which would allow cul-de-sac streets rather than
interconnected streets.
In light of the hour, the Mayor concluded the review of proposed amendments.
Break - 6:58 p.m. to 7:03 p.m.
Mayor Cetraro declared a break from 6:58 p.m. to 7:03 p.m., to allow the Commission to prepare
for the regular work session.
Pledae of Alleaiance and Moment of Silence
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Public comment
No comment was received under this agenda item.
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Presentation of national survey results
Included in the Commissioners' packets was a memo forwarding the DRAFT Report of Results 2005
and the DRAFT Report of Normative Comparisons 2005 of The National Citizen Survey as prepared by
National Research Center, Inc. Distributed just prior to the meeting were an e-mail providing additional
analysis of the results and a copy of the power point presentation.
City Manager Chris Kukulski stated that, due to 20 inches of snow in Denver, flights have been
cancelled and the consultants are unable to attend this meeting. He indicated that the presentation has
been rescheduled to October 24.
Pre-application for Diamond Estates Subdivision, Phases II and III - subdivide 86.369 acres Iyina
alona south side of West Oak Street extended at Ferouson Avenue extended into 183 residential lots
plus parkland - Gaston Enaineerina & Surveyino for Douo Smith (P-05042)
Included in the Commissioners' packets was a memo forwarding the pre-application for Diamond
Estates Subdivision, Phases II and III, under which 86.369 acres lying south of West Oak Street and north
of Durston Road at Ferguson Avenue extended is to be subdivided into 183 residential lots plus parkland,
as submitted by Gaston Engineering and Surveying for Doug Smith under Application No. P-05042.
Senior Planner Dave Skelton highlighted the pre-application for Diamond Estates Subdivision,
Phases II and III. He noted that the property is bounded by West Oak Street on the north, Diamond Estates
Subdivision on the south and Flanders Mill Road on the west. He stated the parkland for Oak Springs
Subdivision juts into the eastern boundary of this property; and the regional park lies to the north of this
property. The Senior Planner noted the proposal now before the Commission is the third plan developed,
and provides for a better mix of uses and alleys than the previous plans. He indicated that there are to be
124 single-family lots, 7 multi-family lots, restricted size lots and 18 modular lots within this subdivision.
Senior Planner Skelton stated that Ferguson Avenue, a collector street, runs through the subdivision,
and will continue along the east side of the regional park. He indicated that the sub-committee from the
Recreation and Parks Advisory Board has met three times to review the parkland and trails proposal for this
development and finds it acceptable. He noted that the stream corridor and wetlands area are to be
protected; and the center of the passive park area is to be rolled and seeded. He stated the eastern portion
of the park is to be reserved for future recreational facilities, potentially including an aquatic center. He
stressed that, with the passive park area in this subdivision, the active park area in Oak Springs Subdivision
and the regional park to the north, this area has a great mix of parkland.
Ms. Katherine Koenen, Gaston Engineering, highlighted some of the features of this proposed
subdivision, noting that the comments received during previous reviews have been incorporated into the
design. She noted that the restricted size lots have been scattered through the south half of the subdivision.
Also, a total of 18 modular lots have been proposed along the southern boundary; and those lots will include
a restriction that they may not be used for single-family development.
Ms. Koenen requested Commissioner feedback on the proposed parkland areas and the wetland
area. She stressed that the wetland is not functional; rather, the designation is the result of the hydrology
and soils. She noted the intent is to develop a trail along the stream corridor, making most of the parkland
in the northwest corner a passive park for casual activity. The trail is to connect to West Oak Street and
the regional park. Also, green spaces are being provided between lots so all blocks will have connections
to the park areas. She indicated that the park is to be enhanced with plantings and trees, with the area
along the stream remaining in a more natural state.
Responding to Mayor Cetraro, Ms. Koenen stated that Annie Street and Dillon Street are the
easUwest streets that will connect this subdivision to the Oak Springs Subdivision; and Annie Street is the
only continuous easUwest street that will extend to Flanders Mill Road and to Srentwood Subdivision once
all county properties are developed.
Senior Planner Skelton stated that a second east/west street was considered; however, he noted
that the applicant chose to fully border the parkland with street extensions instead. He then encouraged
Commissioner comment on the proposed street alignments in the western portion of the subdivision and
on three proposed lots adjacent to the trail corridor.
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Mr. Dennis Foreman, Gaston Engineering, stated that the City's sewer trunk main and sewer outfall
lines have had an impact on the proposed street alignments within this subdivision. He also noted that they
have tried to minimize the number of stream crossings, which has further impacted the street alignments.
Responding to Commissioner Kirchhoff, Mr. Foreman stated the requirements in the unified
development ordinance have triggered the need to create north/south block lengths in the southern portion
of the subdivision because of the 330-foot street separation required along Ferguson Avenue, which is
designated as a major collector. He indicated that access to the lots adjacent to Ferguson Avenue will face
the street and will have access from an alley at the rear.
Senior Planner Skelton confirmed that the applicant and staff tried to make their preference for an
easUwest orientation work but were unable to do so once alleys were introduced into the design.
Further responding to Commissioner Kirchhoff, Mr. Foreman stated that Jade Street cannot be
extended to Ferguson Avenue because it does not meet the separation requirements from the street to the
south in Diamond Estates Subdivision, Phase I.
Commissioner Kirchhoff voiced his support for the wetlands and parkland in the northwest corner
of the subdivision, and its being bounded by streets on all four sides. He also appreciates the use of alleys,
particularly on the eastern and southern portions of the site. He then noted that the pedestrian crossings
do address the issue of block lengths; however, he cautioned those crossings are also at odds with the
desire to restrict mid-block crossings, which can put pedestrians at risk. He recognized that the sewer
mains trigger special considerations on street alignments but suggested two easUwest streets may be
desirable. He also suggested a north/south street alignment that provides a vista of the park to the north
and that provides more rhythm through the subdivision. He concluded by stating his biggest concern is
overall connectivity.
Senior Planner Skelton stated the idea of the pedestrian corridors is to give residents a short cut to
the sidewalk and access to the parks. He then indicated a willingness to look at the easUwest block
orientation once again, as long as the number of stream crossings can be minimized.
Commissioner Krauss suggested the westernmost north/south street be realigned to more closely
follow the parkland rather than the jogging of streets shown on this design.
The Commissioners thanked the applicant for the opportunity to review this pre-application.
Discussion - StOry Mansion Task Force recommendation on written proposals for acauisition ofthe
StOry Mansion
City Manager Chris Kukulski distributed copies of a draft letter to the Commission. He gave an
overview of the recent proposal process, noting that four responses were received prior to the initial July
29 deadline. Following the September 22 Board of Regents meeting, the selection committee received a
letter from Montana State University forwarding a proposal to purchase the Story Mansion for the
Humanities Institute and asking for one year to raise the monies. He stated that conversations with
President Geoff Gamble reflected cautious optimism that the monies could be raised and an excitement
about the potential of locating the Humanities Institute in this facility. The Task Force has recommended
that MSU not be given a full year to raise the funds, but suggested the timeline be shortened.
The City Manager reviewed the draft letter, noting that it informs the four applicants of the direction
the Task Force plans to take and offers an opportunity to attend the October 20 meeting to ask questions
and discuss this decision. He then stated that, given the responses to the last two requests for proposals,
if the proposal for the Humanities Institute does not come to fruition, the task force has concluded some type
of limited development on the site may be essential to make sale of this property viable.
Commissioner Krauss suggested that the University be given six months to raise the monies and
noted that an escrow check would be good.
Commissioner Kirchhoff stated he does not like opening this parcel to development, noting it has
been preserved because it is a unique property. He finds the NO.1 priority is to preserve the site, not rush
into selling it.
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City Manager Kukulski reminded the Commissioners that this request for proposals, while it had an
initial deadline, is open ended; therefore, any proposal received that meets the criteria of the request without
additional development on the site can be considered.
Commissioner Youngman suggested that the University be given six months to raise the funds,
noting that period could possibly be extended if the fundraising efforts seem to be on track.
Commissioner Krauss noted the mansion sits on an empty lot and is an attractive place for parties,
thus increasing the City's liability exposure as long as it retains ownership and the site remains empty.
The Commission concluded the discussion with a majority indicating support for the letter as drafted.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of an e-mail from Neighborhood Coordinator Oulman to the NorthWest Neighborhood
Network regarding the organization of that group.
(2) Newsletter for the Marwyn Lindley neighborhood, dated October 2005.
(3) Copy of the notice of change in operations at the City's landfill.
(4) Updated listing of planning projects to be considered at upcoming Commission meetings,
dated October 5.
(5) Summary from the Bozeman Area Bicycle Advisory Board meeting held on September 6.
(6) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, October 10, at the Willson School.
(7) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, October
11, at Belgrade, and at 1 :30 p.m. on Wednesday, October 12, at the Courthouse.
(8) Agenda for the County Planning Board meeting to be held at 6:00 p.m. on Tuesday, October
11, at the Lindley Center.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, October 12, at the Professional Building.
(10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday,
October 12, at the Professional Building.
(11 ) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held
at 9:30 a.m. on Wednesday, October 26, in the Commission Room.
(12) City Engineer Rick Hixson gave updates on various projects that have been undertaken this
summer, as follows. (1) Paving of West Babcock Street will be completed tomorrow. Half of the road has
already been marked, with the remainder of the pavement marking and work on boulevards to be completed
by the end of October. He noted that the road is to be open to traffic by the end of next week, with the
project coming in on time and on budget. (2) Paving of Valley Center Road is to be completed next week,
weather permitting. Chip sealing on North 19th Avenue and landscaping along that roadway are to be
completed next spring. This project is on budget and ahead of schedule, with only one $15,000 change
order being processed to date. (3) The Hyalite transmission main work is to be completed next spring. The
work at the Water Treatment Plant and pipe work have been completed, with the intake structure work
underway. This project is on budget but is slightly behind schedule because of this Spring's weather. (4)
The facilities plan updates are to be completed this fall, including the water, wastewater and stormwater
plans. The initial step will be staff review of the draft plans, after which the final draft will be subject to public
hearings and Commission review and adoption.
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City Manager Kukulski noted this update has been provided in response to concerns previously
expressed about the City's inability to get capital projects done on schedule and on budget.
Responding to Commissioner Krauss, Planning Director Epple stated that Planning staff is
participating in the facility plan update process since those plans are linked so closely to the City's planning
documents.
City Manager Kukulski characterized the facilities plans as technical documents, based on statistical
data, topography and growth projections while the planning documents are the policies established by the
governing body. He noted that, when combined, these documents will guide the community's development
for the next decade.
Commissioner Youngman voiced her interest in a ribbon cutting ceremony for the West Babcock
Street opening, particularly in light of the number of years that this project has been in the works. She
further noted it is important to celebrate the partnership between the City and private parties to fund this
improvement.
(13) City Engineer Rick Hixson turned his attention to the 2005 street improvement project, noting
that annually, the City undertakes the milling and overlaying and the chip sealing of certain streets through
the use of gas tax monies. Engineering Assistant Andy Kerr prepares the bid documents and oversees the
entire project, with Engineering Technician Tom Hudson doing the inspections. This year's project, which
includes a number of streets, was done for $232,000, which was 3 percent above the initial estimate, and
was done on time.
(14) Commissioner Kirchhoff asked if the City is willing to fund a curb replacement program,
noting that many of the curbs in the older part of town are crumbled or non-existent.
City Manager Kukulski noted he has been involved in conversion of a sidewalk program that was
fully borne by the property owners to a 50/50 funding program with the City that was very well received and
suggested that curbs could possibly be added to such a program.
City Engineer Rick Hixson stated he will look at the possibility of creating a joint funding program
for curb replacements.
(15) City Manager Kukulski highlighted the statistics in a report from the Police Department
identifying the locations where citations are issued. He noted that just under 6,000 citations have been
issued this year, with Durston Road and Main Street being the highest numbers and 19th Avenue being a
close third.
(16) Staff Attorney Tim Cooper distributed copies of a draft eminent domain ordinance, noting
it will be placed on next week's agenda for provisional adoption. He then indicated that the resolution
establishing a policy for the granting of monies will also be on next week's agenda.
(17) Staff Attorney Cooper stated that the facilities plan updates will be a huge part of the impact
fee update that is currently underway. He then noted that the impact fee advisory committee has been
created by resolution, however, few applications have been received for it. He asked that Commissioners
encourage interested persons to apply for it.
(18) Staff Attorney Cooper stated that City representatives have attended meetings with
NorthWestern Energy and the Bozeman Creek Neighborhood in an attempt to resolve the issues
surrounding upgrade of the transmission lines; however, County representatives have chosen to not accept
the invitation to participate. He cautioned that if the issues cannot be resolved, the result is a potential
lawsuit that names the City.
(19) Assistant City Manager Ron Brey announced that today Ron Dingman accepted the position
of Superintendent of Parks and Recreation, which includes the Cemetery.
(20) Planning Director Andy Epple stated he has received a street section proposal from School
District Maintenance Supervisor Gary Griffith for Ferguson Avenue north of Diamond Estates Subdivision
that includes curving that roadway to the west adjacent to the regional park to make room for a school site,
and staff is generally supportive of the proposal.
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Adiournment - 8:22 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Kirchhoff, Commissioner Krauss, Commissioner Youn iy1ayor Cetraro; those voting No, none.
/.-..---
TRARO, Mayor
ATTEST:
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City Clerk
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