Loading...
HomeMy WebLinkAbout2004-04-26 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA April 26, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 26, 2004, at 4:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore, and Clerk of the Commission Robin Sullivan (for the first portion of the meeting) and Deputy Clerk of the Commission Karen DeLathower (for the regular portion of the meeting). Signina of Notice of Special Meetina Each of the Commissioners. in turn, signed the Notice of Special Meeting. Executive Session re personnel - selection of City Manaaer At 4:00 pm, Mayor Cetraro announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. At 5:50 pm, Mayor Cetraro closed the executive session and reconvened the open meeting. Staff presentations re department budaet reauests for Fiscal Year 2004-2005: (1) Municipal Court and (2) Police Municipal Court. Included in the Commissioners' packets was a memo from Municipal Judge Patricia Kyle Carlson, dated April 19. Municipal Judge Carlson distributed a revised comparison of Municipal Court statistics for the periods of July 1,2002 through March 31,2003, and July 1,2003 through March 31,2004. She noted that information previously distributed to the Commissioners via e-mail included an error resulting from a glitch in the Supreme Court programming. The Municipal Judge estimated that the Court will be expending $60,000 less than appropriated for this fiscal year; and next year's budget request is $50,000 lower than the amount budgeted for this current fiscal year. She noted this is due to the Court becoming more efficient and funding of the Public Defender services through a separate entity. The Judge noted that the number of citations issued is down 2,270 from last year, with much of that decrease due to the reduced number of officers on the street. She stated that, as a result of discussion, she and Finance Director Gamradt have decreased the amount of anticipated revenues by $200,000; and it appears the revised figure may realistically be met. She indicated that, to better track the activities of the Court, a book breaking down the fees received into various categories has been developed; and that book is available for Commissioner review. The Municipal Judge stated her biggest challenge is the lack of jail space, noting that the jail has now become a felony jail, which dramatically reduces the effectiveness and power of all judges in the lower court system. Also, recent legislative changes have reduced the maximum fine for speeding to $100, which has impacted the schedule for those ticketed for higher speeds within city limits. 04-26-04 ---------- - 2 - Municipal Judge Carlson concluded by noting her request for salary increase has been previously submitted in writing. Acting City Manager Brey indicated that the Judge's salary request will be placed on next week's agenda for Commission consideration and direction. Police. Patrol. Assistant Director of Public Service-Patrol Marty Kent gave a quick profile of his division, noting that it includes 30 officers. Due to the Iraq deployment and other issues, his division is currently down eight (nine) officers. It is anticipated that the officers currently in Iraq will return to the United States in May and may be back on the street as early as July, and the department just completed a recruitment process through which they found five good candidates. Assistant Director Kent stated he is seeking no significant increases in the budget, although he is asking that monies be reinstated in contracted services for protective custody. He noted this item was included in previous budgets but was deleted this year due to the cuts needed to balance the budget An increase has also been included in the line item for uniforms. The Assistant Director noted that the vests used by the patrol officers were recalled this year and, through working with the vendor and the use of grant monies, he was able to replace $40,000 in vests for a $7,000 outlay. Assistant Director Kent noted the Law and Justice Center is too small for all of the Police Department personnel. The officers, however, realize that the building of a new Law and Justice Center will happen one day, just like the building of a new jail and a new City Hall. To make the existing space more habitable, several officers came in on their own time, stripped out the cubicles, installed new carpet, painted, and reconfigured the cubicles to better accommodate the officers. He asked that, if the second floor of the Professional Building is remodeled and the Building Inspection Division is relocated, the vacated space in the City Hall Annex be turned into a satellite station. The result would be to place officers closer to the downtown bars during the evenings and nights and would free up some of the limited space at the Law and Justice Center. Assistant Director Kent turned his attention to the next fiscal year, noting that the budget will include a request for $10,000 for the purchase of tasers, noting they provide another viable alternative to the use of lethal force. Responding to Commissioner Kirchhoff, Acting City Manager Brey stated he does not support relocation of the Building Inspection Division if the result is a worse situation for those employees and their operations. He noted that efforts are being made to identify a way to accommodate that relocation in a cost effective manner that meets the needs of the division; if that cannot be accomplished, he does not support the move. Detectives. Assistant Director of Public Safety-Investigations Bill Dove stated his division is comprised of 13 employees, including the two school resource officers, two Missouri River Drug Task Force officers, and one evidence technician. He noted that the budget for this division is just under $Y:z million; and only $25,000 is for operating costs with the remainder going to salaries. He indicated there are no requests for any increases in this year's budget Assistant Director Dove turned his attention to next year's budget requests, which will include a request to reinstate $11,000 in contracted services for investigative expenses. He noted that this item is not included in the current budget in an effort to balance the budget; however, if such expenses arise, they will need to be covered somehow. He indicated that, through an agreement with the County, the monies for investigative expenses are pooled since those issues often cross jurisdictional lines. Support Services. Assistant Director of Public Safety-Support Services Mark Lachapelle stated the most visible people under his supervision include parking enforcement, animal control, DARE, and the window personnel at the Law and Justice Center. He noted that these civilian personnel assist the patrol personnel as much as possible, freeing them to address law enforcement issues. He noted that, as with other departments, his personnel are seeing an increase in demand for services; and his operation has lost one person to the Iraq deployment The front window assistant works with the Records Division and serves as a CJIN computer technician. That employee is a valuable asset to the organization, handling 30,000 transactions last year. 04-26-04 --- ---. -3- The Assistant Director indicated that no increases are being sought in the upcoming budget. He noted that the DARE program continues to grow in popularity, and Officer Bryan Adams has expanded the program to include all county schools, and Manhattan Christian was added this year. He then indicated that, through technology, such as the computerized ticket-writing program for parking tickets, this operation has been able to increase the number of citations issued without any increase in personnel. He is now working on a program to increase the number of mobile data units in police cars, with his goal being to have a unit in every car. This will allow the officers to remain in their cars and visible on the streets, which leads to a reduction in speeding and other infractions, even if the officers are simply parked along the street working on reports. Also, this technology allows for digital messaging, which is more secure, and reduces the impact on dispatchers. The largest increase in the next year's budget will be maintenance contracts for that equipment. He concluded by stating that 34,000 calls for service were received last year, and he anticipates that number will increase in 2004. The Commission thanked the staff for their budget presentations. Break - 6:35 to 7:00 pm Mayor Cetraro declared a break from 6:35 pm to 7:00 pm to give the Commission an opportunity to prepare for the formal meeting. Call to Order. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - April 5. April 15 and April 19. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of April 5 and April 15, 2004 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No. none. Mayor Cetraro deferred action on the minutes of the meeting of April 19, 2004 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items: Authorize Actina City Manaaer to sian - Purchase Aareement with Esther Reiter - 10- foot-wide strip alona southern edae of West Babcock Street right-of-way adiacent to 3006 West Babcock Street Authorize Actina City Manaaer to sian - Quit Claim Deed from Esther Reiter - 32.51- foot by 11 O-foot parcel adiacent to Parcel No. 15. West Babcock Street proiect (3006 West Babcock Street) Authorize Actina City Manaaer to sian - Acceptance of Temporarv Access Easement and Aareement from Esther Reiter - 1 O-foot-wide strip of land Iyina 32.51 feet south of the northern edae of Parcel No. 15. West Babcock Street proiect (3006 West Babcock Street) Authorize Actina City Manaaer to sian - Settlement Aareement between the City of Bozeman and Williams Plumbing. Heatina and Utilities. Inc.. Bozeman. Montana - for Wastewater Treatment Plant Modifications. Phase I Authorize Actina City Manaaer to sign - Amendment No.1 to Professional Services Aareement for Sourdouah Bypass Proiect - Morrison-Maierle. Inc. 04-26-04 -4- Award of proiects to be funded throuah the 2004-2005 Parkland Improvement Fund ($150.000). per Recreation and Parks Advisorv Board recommendations. as forwarded in memo from Parks Manaaer Ron Dinaman with memo dated April 15. 2004: continaent upon final FY05budaet approval Application for Beer and Wine License for Calendar Year 2004 - WalMart Superstore. 1500 North 7th Avenue: continaent upon receipt of State license and confirmation that all conditions of the final site plan approval have been met Appointment of Commissioner Hietala and Commissioner Kirchhoff to sub-committee to review Depositorv Bonds and Pledaed Securities as of March 31. 2004 Claims Distributed just prior to the meeting was a memo from Staff Attorney Day-Moore, dated April 26, requesting that consideration of the Settlement Agreement be delayed for one week. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items and authorize and direct the appropriate persons to complete the necessary actions, except for t he Settlement Agreement between the City of Bozeman and Williams Plumbing, Heating, and Utilities, Inc., Bozeman, Montana, for the Wastewater Treatment Plant Modifications, Phase I, which is to be placed on next week's agenda for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. Proclamation - Alcohol Awareness Month - April 2004 Included in the Commissioners' packets was a copy of the proclamation for "Atcohot Awareness Month" . Becky Robideaux, Alcohol and Drug Services of Gallatin County, highlighted the proclamation. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission concur in the Mayor's proclamation of April 2004 as "Alcohol Awareness Month." The motion carried by the following Aye and No vote: t hose voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Award bid - Wastewater Treatment Plant Improvements. Phase II - Williams Plumbina and Heatina. Inc.. Bozeman. Montana - in the bid amount of $1.867 .000.00 Included in the Commissioners' packets were memos from Finance Director Gamradt, dated April 20, and Project Engineer Murray, dated April 22, 2004, forwarding additional information on the recommended award and staff's rationale for recommending that impact fees be used to cover a portion of the costs. Bob Murray, Project Engineer, reviewed his memo, saying the addition of the secondary clarifier is 100 percent capacity expanding. This will accommodate future city growth and the increased flows that accompany it. The plant was originally designed to treat an average daily flow of 5.8 million gallons but not all of the components needed to achieve that flow were constructed with the original plant. It was intended that additional components would be installed at a later date to bring the plant up to its full capacity. Last year installation of a new primary clarifier and conversion of one of the digesters was completed. These improvements brought each of those processes up to capacity. If the Commission decides to defer undertaking these improvements at this point, Engineering staff will be unable to predict when this project would be required. There are some strong indicators that these improvements need to be undertaken in 04-26-04 - ----- - 5 - the very near future. The existing secondary clarifiers can handle normal, dry-weather plant flows, but they are beginning to become stressed and are approaching the acceptable limits of operation. There were three days in 2002 and two days in 2003 when the effluent exceeded the limit for the 30-day average discharge of total suspended solids, which is within the DEQ's acceptable limits, but is an indicator that the clarifiers are near capacity. Additionally, staff cannot take anyone of the clarifiers out of service for routine inspection and preventative maintenance because the remaining two cannot handle the extra load and effluent quality degrades to unacceptable levels. The existing clarifiers exceed recommended hydraulic and operational loading limits. All of this indicates that a new secondary clarifier is needed to accommodate future expansion of the City's sanitary sewer system. Mr. Murray noted that very good, very competitive bids were received on this project. Engineering's estimate for this project was $2.5 million; and the lowest bid came in at $1.867 million. These wastewater treatment plant improvements are part of a $5 million EPA grant, which must be expended by the end of the year, or the funds could be lost. Therefore, Engineering staff recommends the Commission award this project to Williams Plumbing and Heating, Inc. It was moved by Gommissioner Hietala, seconded by Commissioner Krauss, that the Commission award the bid for the Wastewater Treatment Plant Improvements, Phase II, minus the costs of the clarifier and reliance on the use of impact fees, to Williams Plumbing and Heating, Inc., Bozeman, Montana. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss, Commissioner Youngman, and Commissioner Kirchhoff. Commissioner Kirchhoff referred to Finance Director Gamradt's memo of April 20th, saying he believes the Finance Director has made a good case for using impact fees for this project. These improvements are necessary and need to be done soon, and the use of impact fees would mitigate the cost to the sewer rate payers. Commissioner Kirchhoff stated he could not support the motion as stated because he believes the use of impact fees for this project is appropriate. Commissioner Youngman agreed with Commissioner Kirchhoff's comments, adding the need for this project is imperative and the bid is excellent. The use of impact fees in this case is entirely prudent. Commissioner Krauss noted it is a tough precedent to break to start spending impact fees now; but what persuades him to do so is the fact that these improvements wilt increase sewer capacity, thereby benefitting the entire city. Commissioner Hietala said he doesn't see that this is an emergency situation, and the use of impact fees can be decided later if the court were to act favorably on the litigation. He does agree with the utilization of impact fees because this project does fit the capacity expanding requirement, but he believes it is premature to include them in this project at this time. Commissioner Krauss stated he does not believe the City should raise sewer rates to pay for these improvements at this time. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the bid for the Wastewater Treatment Plant Improvements, Phase II, be awarded to Williams Plumbing and Heating, Inc., Bozeman, Montana, in the bid amount of $1 ,867,000.00, as recommended by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, and Commissioner Kirchhoff; those voting No being Commissioner Hietala and Mayor Cetraro. Public hearina . intent to re.create SID No. 674. water. sewer and street imDrovements in Bridaer Center Subdivision This was the time and place set for the public hearing on the intent to re-create Special Improvement District No. 674, as established by Commission Resolution No. 3669, entitled: 04-26-04 -6- COMMISSION RESOLUTION NO. 3669 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 614; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO RE-CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY T HE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Mayor Cetraro opened the public hearing. Acting City Manager Brey noted that, distributed just prior to the meeting, was a copy of the letter from Mr. Phill Forbes, consulting engineer, dated March 31,2004, providing background information on the need to re-create this special improvement district for a higher dollar amount. City Engineer Hixson indicated a willingness to respond to questions. He then forwarded staff's recommendation that the Commission proceed with re-creation of this district. No one was present to speak in support of or in opposition to the proposed re-creation of Special Improvement District No. 674. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission direct staff to bring back a resolution recreating Special Improvement District No. 674. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Certificate of Appropriateness - comprehensive sianaae packaae. totalina 304% SQuare feet of sianaae. for Murdoch's Ranch and Home Supply. 2275 North 7th Avenue Sign Code Coordinator Hasler presented the staff report. She noted that this application for a comprehensive signage package is being made in conjunction with a change in the name of the business from Big R Ranch and Home to Murdoch's Ranch and Home Supply. The Sign Code Coordinator stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report, which was included in the Commissioners' packets. She noted that, based on that review, staff has forwarded a recommendation for approval. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Murdoch's Ranch and Home Supply, 2275 North 7th Avenue, for a comprehensive signage package, totaling 304~ square feet of signage, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public hearing - Certificate of Appropriateness to allow construction of new rear detached aaraae measurina 30 feet by 24 feet on Lots 1. 2 and the north 9% feet of Lot 3. Block B. Harper's Addition. with deviation from Section 18.38.060.C.. Bozeman Municipal Code. to allow aaraae to encroach 7 feet into reauired 15-foot corner side yard setback alona East Olive Street - Grea and Renee Harris. 203 South Church Avenue lZ-04059) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Greg and Renee Harris under Application No. Z-04059, to allow the construction of a new rear detached garage measuring 30 feet by 24 feet on Lots 1, 2 and the north 9~ feet of Lot 3, Block B, Harper's Addition, with a deviation from Section 18.38.060.C. of the Bozeman Municipal Code, to allow the garage 04-26-04 - 7 - to encroach 7 feet into the required 15-foot corner side yard setback along East Olive Street. The subject property is located at 203 South Church Avenue. Mayor Cetraro opened the public hearing. Historic Preservation Planner Bristor presented the staff report. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the staff report. She noted the subject property is located at the southwest corner of the intersection of South Church Avenue and East Olive Street and is in the neighborhood conservation overlay district. The applicants are requesting one deviation, to allow the detached, rear garage to encroach 7 feet into the required 15-foot corner side yard setback, because of the location of a utility pole and the costs associated with moving that pole. No public comment has been received by staff. Renee Harris, applicant, stated they want to locate the new garage at the back of the property so they can back out into the alley instead of backing out of their property onto the street, which is the current situation. No one was present to speak in opposition of this application. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing_ It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of Appropriateness requested by Greg and Renee Harris under Application No. 2-04059, to allow the construction of a new rear detached garage measuring 30 feet by 24 feet on Lots 1, 2 and the north 9~ feet of Lot 3, Block B, Harper's Addition, with a deviation from Section 18.38.060.C. of the Bozeman Municipal Code, to allow the garage to encroach 7 feet into the required 15-foot corner side yard setback along East Olive Street, be approved subject to the following conditions: 1. The applicant shall salvage any original building materials of the existing structure that are physically and structurally sound and that may feasibly be intertwined with the new construction. 2. All new windows for new construction shall use non-reflective, exterior cladding material. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 5. All code provisions shall be met, the following provisions in particular: . Per Section 18.42.130, "Fences, Walls and Hedges," all new fences must conform to code requirements. . Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements and all existing non-conforming lighting must be retrofitted or replaced. . Per Section 18.44.100, "Street Vision Triangle," single-stem canopy trees are discouraged but may be permitted in street vision triangles, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of 10 feet above centerline of intersecting streets. 04-26-04 - 8 - . Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. . Per Section 18.48.050.E, "Street Frontage Landscaping Required," all street rights-of-way within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped and shall include one large canopy tree for each 50 feet of total street frontage. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Amendment to Bozeman 2020 Community Plan - amend arowth policv land use desianation on 33.97-acre tract of land described as Lot 4. Home Depot Minor Subdivision No. 319. from "Residential" and "Neiahborhood Commercial" to "Reaional Commercial and Services" - Cape- France Enterprises (west side of North .19th Avenue between Tschache Lane and West Oak Street) (P-04007) Acting City Manager Brey reminded the Commissioners that they had conducted and closed the public hearing on the request to amend the growth policy land use designation from "Residential" and "Neighborhood Commercial" to "Regional Commercial and Services" on the 33.97 -acre tract lying along the west side of North 19th Avenue between Tschache Lane and West Oak Street and delayed the decision for a period of one week. Written comment on this application and the subsequent zone map amendment was received from Twist Realty; Howard N. Addison, President of Highgate Senior Living; Lisa and Mike Giroux; and Dave Johnston. It was moved by Commissioner Krauss,seconded by Commissioner Youngman, that the public hearing on this amendment to the Bozeman 2020 Community Plan be reopened. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Associate Planner Sanford noted that after last week's hearing, she received a letter from Superintendent of Facilities and Public Lands Goehrung indicating the Recreation and Parks Advisory Board is interested in expanding Rose Park in the future to allow for a full-size disc golf course. If the land use designation on this property is changed, opportunities for gaining additional parkland are diminished. Patricia Simmons, 1123 Woodland Drive, noted the neighborhood has discussed this proposal because it could have a big impact on Brentwood Subdivision. They have concerns regarding the impacts on their quality of life and their property values. The residents of this subdivision were promised by the developer of StoneRidge that there would be no more residential development .in this area. Residential development on North 19th Avenue isn't practical, and the neighborhood school is already overcrowded. This property is zoned R-3, which could allow up to 192 apartments. Ms. Simmons stated this property is adjacent to Rose Park and includes wetlands. The residents of Brentwood Subdivision would like to see this land use designation changed with the following conditions; that building height be restricted to less than 86 feet, require increased landscaping, and require the owner to donate the wetlands portion of this property to be annexed to Rose Park. Lowell Springer, Springer Architects, said the applicants have considered all that was previously said, as well as the neighbors' comments. They are trying to find a palatable compromise in order to gain the support of the Commission for this land use designation change. They are willing to work with the City to make the wetlands available for park use; and, in the spirit of compromise, they propose that the area in the lower corner of Oak Street and North 19th Avenue remain neighborhood commercial, the area in the middle of the property be designated as residential community commercial, the area to the north be designated as a regional commercial. The residential area will remain as proposed. Mr. Springer noted Bozeman is a regional center for services, and this is the place for the development of those services to 04-26-04 ...... _u_. ___ - 9 - occur. The applicants will help increase the park area for Rose Park by donating the wetlands, they are proposing to do additional landscaping on North 19th Avenue to help buffer and soften the effects for the neighborhood, and they will work with the Recreation and Parks Advisory Board to construct a pedestrian rest center in the middle of this property. It is their intention to not put any more impact on Oak Street than is absolutely needed. Commissioner Youngman asked if Mr. Springer knew how many areas throughout the city are identified as neighborhood commercial. Mr. Springer responded there is a total of seven. Commissioner Krauss noted that the Bozeman 2020 Community Plan includes a strong interest in avoiding strip development along the North 19th Avenue corridor, which is possibly the reason why this property was zoned residential. He asked Mr. Springer how a long strip of parking lot along North 19th Avenue will be addressed. Mr. Springer responded they are proposing something with pads and some parking, then buildings, similar to the North 19th Avenue side of Bridger Peaks Town Center. Pedestrian amenities will also be used to soften the look. Commissioner Krauss then questioned if there would be access off of North 19th Avenue. Mr. Springer indicated the State Highway Department has committed to one ingress/egress, like those across the street. Acting City Manager Brey noted the notice originally said regional commercial, not community commercial; so if community commercial is desired, it will have to berenoticed because that is outside the notice. Responding to Mayor Cetraro, Mr. Springer suggested the Commission consider only acting on the two portions that were noticed, and they will bring back another application for the community commercial portion. He also suggested the Commission could require the property owners to agree that only uses allowed in a community commercial zone will be located in that area and make that a part of the deed restriction, so it will go with the land and be in place forever. Commissioner Youngman asked for clarification in regard to wetlands, building heights, and use conditions. Associate Planner Sanford stated conditional zoning is not allowed i n Montana; and the Commission cannot approve zoning contingent upon the applicants doing the listed things, including trail connections. Responding to Commissioner Krauss, Associate Planner Sanford noted this is part of the StoneRidge PUD, and the developers of StoneRidge could amend the PUD to restrict the allowable uses, which would be as lengthy a process as renoticing. Commissioner Krauss stated he wants to see additional parkland and only one exit/entrance on North 19th Avenue, and the look of North 19th Avenue broken up. Mr. Springer asked if this pUblic hearing could be continued while the applicants readvertise right away, so the public is aware of the proposed changes. Acting City Manager Brey stated he is uncertain how quickly staff will be able to turn this project around because since this is a different set of uses that is being proposed, it needs to go back to staff and the review boards. Associate Planner Sanford added that Staff Attorney Cooper has concluded that if any land uses are offered that were not noticed, the application would have to be sent back to the Planning Board and readvertised. After reconfiguring the alignment, there will be 3.5 to four acres of neighborhood commercial-zoned area, according to Mr. Springer. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Staff Attorney Day-Moore reminded the Commissioners that, although Mr. Springerwas nice enough to make those promises and concessions, the Commission must make this decision without basing it on those promises. Additionally, the Commission cannot force Mr. Springer to make those concessions later on when he comes back with this development proposal. Commissioner Hietala asked if the decision on this item could be put off for a week. Acting City Manager Brey stated City Attorney Luwe did find that the one-week delay for land-use decisions is still included in the procedures. 04-26-04 - 10 - Commissioner Kirchhoff said he is not able to find any compelling reason to change the Bozeman 2020 Community Plan. While there have been concerns expressed that residential development might not work so close to North 19th Avenue, he believes staff's response is valid; it is a design issue, and he believes that to be true. He would like to keep the use of this property less intensive because he has never seen a traffic study that would say the number of units in an R-3 area would create a traffic backlog that would surpass that created by commercial development. Since 1983 it has always been maintained that a residential development could work in this location, and it does on many other high-density streets. Commissioner Kirchhoff suggested the Commission ought to make changes to these plans based on the needs of the community, not the developer. Commissioner Krauss stated his disagreement with Commissioner Kirchhoff saying he doesn't find North 19th Avenue is a desirable residential location. Neighborhood use in this area has changed forever since Home Depot was built, just as undesirable traffic increased on North 19th Avenue. His concern is protecting the superior entryway corridor that currently exists, and he is concerned t here is only one ingress/egress proposed. Commissioner Krauss said he is inclined to support regional commercial development as long as the corridor is protected in a superior way and the park is protected. However, it bothers him to change the designation to regional commercial because this property isn't subject to SIDs that other regional properties are, so they aren't paying the price that other competing properties are paying. Commissioner Krauss noted it is not his intent to interfere with the exercising of private property rights, but he wants to make sure there is equity. He then thanked Mr.Springer for the inclusion of parkland, height restrictions, pedestrian areas, and trails in this development. Commissioner Youngman noted this is a move in the right direction, but she still can't find a compelling reason to change the master plan since commercial development is possible without changing anything. She finds it interesting that the commercial property to the north and the assisted living property to the west have submitted letters in opposition based on predictability of the Bozeman 2020 Community Plan, and the negative impacts of this requested designation change. While she doesn't find it overwhelming when one commercial property objects to another, the objections of the assisted living property is important because it is already under construction and will be providing senior housing. If the neighborhood commercial area proposed for this property were moved further north, it would better buffer the Highgate property. Mayor Cetraro voiced his support of the amendment, with changes proposed by the applicant, because it fits with what the Commission was looking for last week. Commissioner Hietala said he thinks the Bozeman 2020 Community Plan misread the regional marketplace on North 19th Avenue, and he likes the plan as presented. He feels residential density adjacent to the park is good planning, and that's the way it should be because it combines open space for a large number of residents that otherwise don't have access to open space. However, he would like to table the decision on this item until the Valley Center/North 19th Avenue SID is voted on because the two go hand in hand. Acting City Manager Brey noted the SID doesn't come before the Commission until the 10th. Commissioner Krauss suggested renoticing this item until that time. He stated that at this time, he would be willing to approve regional commercial development down to the "elbow" of North 19th Avenue and increase the size of the proposed community commercial area, with restrictions. Acting City Manager Brey reminded the Commission they could approve neighborhood commercial and residential uses, with regional commercial down to the "elbow", but B-2 zoning cannot be approved below that. The remainder of the property would have to remain R-3 zoning, and the applicant would have to come back with a land-use application and B-1 zoning. Staff Attorney Day-Moore stated the general public must be given notice and an opportunity to speak regarding the proposed change in zoning. Associate Planner Sanford stated a new application fee probably wouldn't be required, and the application would not be sent back to the Development Review Committee because they had no comments. The Planning Board, Zoning Commission, and staff would have to review the application; and it would have to be properly renoticed. In the meantime, the applicant would start the process of acquiring either a PUD amendment or deed restrictions. 04-26-04 - 11 - In response to the discussion, Mr. Springer formally requested to withdraw the applications for an amendment to the Bozeman 2020 Community Plan, to change the land use designation on 33.97 acres described as Lot 4, Home Depot Minor Subdivision, No. 319 from "residential" and "neighborhood commercial" to "regional commercial and services" and the Zone Map Amendment to amend the zoning from R-3 to B-2 on a 33.97-acre trace described as Lot 4, Home Depot Minor Subdivision No. 319. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission acknowledge the applicant's withdrawal of the application for amendment to the Bozeman 2020 Community Plan under Application No. P-04007, to amend the growth policy land use designation from "Residential" and "Neighborhood Commercial" to "Regional Commercial and Services" on a 33.97 -acre tract of land described as Lot 4, Home Depot Minor Subdivision No. 319. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Continued DubUc hearmo -Zone Map Amendment-amend thezomna fFom "R-3" to "B-2" on 33.97- acre tract of I and described as Lot 4. Home Depot Minor Subdivision No. 319 - Cape-France Enterprises (west side of North 19th Avenue between Tschache Lane and We'st Oak Street) (Z-04032) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by Lowell Springer for Cape-France Enterprises under Application No. Z-04032, to amend the zoning from "R-3", Residential-Medium-density, to "B-2", Community Business, on a 33.97 -acre tract of land described as Lot 4, Home Depot Minor Subdivision No. 319. The subject property lies along the west side of North 19th Avenue between Tschache Lane and West Oak Street. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the applicant's withdrawal of the Zone Map Amendment requested under Application No. Z-04032, to amend the zoning from "R-3" , Residential-Medium~density, to "B-2", Community Business, on a 33.97-acre tract of land described as Lot 4, Home Depot Minor Subdivision No. 319, be acknowledged. The motion carried by the following aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Break - 8:30 to 8:40 pm Mayor Cetraro declared a break from 8:30 pm to 8:40 pm in accordance with Commission policy. Reauest for possible affirmation of previous direction to draft ordinance to exempt Fairarounds from provisions of Chapter 8.30 (noise ordinance) Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-Moore, dated April 21, 2004. Also included in the Commissioners' packets were written communications from Marianne Filloux and David Gaillard, 613 West Harrison Street; Gonnie Siebel, 609 North Montana Avenue; Rita Gaddis, 624 North Willson Avenue; Connie Johansen, 620 North Willson Avenue; Chaucer Silverson; Christopher Spogis; Mary Ellen McNeil Spogis, forwarding a copy of a petition dated April 15, 2002; Paul House, 510 North Church Avenue; Judy Schaap, 618 North Montana Avenue; Brian and Constance Wagner, 702 North Tracy Avenue; Elizabeth Pfaff, 615 North Bozeman Avenue; Richard and Karen James, 716 North Montana Avenue; Angela Kociolek, 620 North Tracy Avenue; Jill Abbott Stoltzfus, 619 North Willson Avenue; Nancy Sebena, 611 North Tracy Avenue; and Ellen King-Rodgers, 2025 South Black Avenue. Staff Attorney Day-Moore reviewed her memo, which provided a history of the fairground's request and the noise ordinance. Responding to Commissioner Kirchhoff, Staff Attorney Day-Moore stated she knows of three complaints regarding the fairgrounds; and in all three cases the activity complied with the noise ordinance. The fairgrounds has complied with the noise ordinance up to this point, but the possible construction of an amphitheater creates an urgency for exempting the fairgrounds from the noise ordinance. In 2002 the City Commission directed staff to draft an ordinance exempting the fairgrounds from the noise ordinance, but 04-26-04 -12- that exemption was never drafted. She would prefer the ordinance name the fairgrounds specifically, rather than including PLI-zoned lands. Rita Gaddis, 624 North Willson Avenue, stated she is foggy on the reasons for exempting the fairgrounds, asking if the exemption is to allow an increased noise decibel or to allow the concerts to go longer into the night. She is concerned about the noise level, as are others. She stated she believes an exemption for this purpose does not represent the wishes or needs of the northeast community. Mary VantHull, 416 East Story Street, said she feels an exemption to the noise ordinance would be detrimental to a larger part of Bozeman than just the northeast neighborhood. She can attest that the noise levels from the tiny bandshell in Bogert Park make a huge racket, and a much larger stage with a huge sound system would be very noisy. The fairgrounds noise follows the ridge up to Burke Park and that noise is very distorted and awful. She requested the Commission have sympathy for the people who live closer to the fairgrounds, noting one form of torture is loud, prolonged noises, which would be the case if these concerts were allowed to go after 10:00 pm. Judy Schaap, 618 North Montana Avenue, stated she has lived in that location for 17 years; and she has not heard a single neighbor say "not in my back yard"; they have just said not so loud in my backyard. They have not complained about the fairgrounds, because they knew it was there when they purchased their homes; but the noise is getting louder and louder each year. She believes it is possible for a concert to shut down by 10:00 pm, noting they can start earlier if they need to. The neighborhood would like to see decibel levels established and regulated, which would alleviate the problem. Ms. Schapp stated she believes the Commission has the ability to make a decision that will benefit the entire community, not just the northeast neighborhood, to make sure lives and property values are protected. Lowell Springer, Gallatin Foundation Board, asked the Commission to keep the neighbors' concerns in mind when they make their decision on this item because there are times when the noise keeps one awake. He has a great earshot from the Sweet Pea Festival; and it isn't always wonderful and it does keep him from sleeping, but he accepts it as part of living in a vibrant community. The fairgrounds used to host the county fair, state fair, rodeos, carnivals, and mass nighttime entertainment, which was the same sort of things they have now, but not nearly as loud. These activities are part of the celebration of living in a rural community. If restrictions are put on the fairgrounds that didn't exist in the past, it will make it difficult for the fairgrounds to survive. The County has instituted a policy that in three years the fairgrounds has to be self-sufficient, so they need access to these activities to survive or this community witt lose the fairgrounds totally. The Commission needs to think about the obligation that the fairgrounds has to be an entertainment center for a rural community, and the obligation the County has placed on the fairgrounds to be self- sufficient. Stuart Howard, 113 West Villard Street, noted the fairgrounds is a great asset to the community; and he has enjoyed various functions there. However, he is concerned with the consequences of waiving the noise ordinance. He has a toddler with a bedroom on the north side of the house who goes to bed at 8:00 pm. If concerts are allowed to go beyond 10:00 pm, he won't sleep and neither will the rest of the family. He asked how frequent the concerts will be, how late they will go, and is there any effort being made by the promoters to deflect the sound or orient the amphitheater toward WalMart and away from the neighborhood. He also questioned what recourse the neighborhood will have if the noise ordinance is waived. He closed by asking the Commission to postpone or delay this decision until more people learn more about what is being proposed. If the Commission makes its decision tonight, he asked them to put themselves in the position of those who live in the affected neighborhoods. Betsy Centa, 623 North Willson Avenue, said she was present tonight to oppose exempting the fairgrounds from the noise ordinance. The fairgrounds already negatively impacts the neighborhood because of the noise levels from motocross events. Exempting the fairgrounds from the noise ordinance will interfere with their enjoyment of their property and will have an adverse impact on their property values. It is not fair to exempt the fairgrounds from the noise ordinance because of a lack of master planning of the fairgrounds by the County. This exemption will set a dangerous precedent for the use of this area. Peter Mommsen, 517 North Church Avenue, stated he thinks the noise ordinance should apply to the fairgrounds for big concerts, although he has no problem with traditional uses of the fairgrounds. Last summer it was amazing how loud some of the events were; the Warped Tour rattled the windows of their house and prevented them from being outside after working all week long. They cannot relax at their home, and a friend of his who lives east of Summer Cutoff Road said he could hear the lyrics from the Warped 04-26-04 - 13 - Tour. Next Saturday is motocross, the following Saturday is mud-bogging; it is getting ridiculous. Mr. Mommsen questioned why an amphitheater is being proposed because if it is being done for money, it is the wrong approach. He believes it is terrible the fairgrounds has to resort to this type of thing to remain open, and he believes the noise is only going to get worse. Mike Gaffke, president of the Fairgrounds Foundation, provided a background of the goals and objectives of the fairgrounds. They are concerned with the look and functionality of the fairgrounds. Their goal is to improve the fairgrounds and make it a vital part of the community, which is also a goal of the community and the northeast neighborhood. He asked the Commission to support this exemption from the noise ordinance because it speaks to the viability of the fairgrounds and the usage of that facility. Mr. Gaffke suggested the Fair Board and the Fairgrounds Foundation can get together with the neighborhood to work on this issue, saying he believes there is a way to work with the neighborhood to resolve the issues they have. The amphitheater issues are premature, regarding the design of the facility and what will occur there. Mr. Gaffke committed to the neighborhood that they will be included in those decisions. Commissioner Kirchhoff asked Mr. Gaffke to elaborate on the amphitheater, noting it is rumored the capacity would be 6,000. Mr. Gaffke replied that Bravo Entertainment is proposing to build an amphitheater to hold 6,000 to provide a broad range of music, which would include the Warped Tour. They see the fairgrounds as an ideal location, and they are talking about 25 or 3D-foot berms to deflect the sound. A portion of the tickets and parking proceeds would be put back into the fairgrounds. The. numbers are still being negotiated; there is no signed contract with Bravo Entertainment at this time. They never meant to by-pass the neighborhood in their discussions. Commissioner Kirchhoff acknowledged the skepticism by neighbors, referring to the comment that someone has done some checking on the Warped Tour and was told by an official in Missoula that the Warped Tour is no longer welcome in Missoula. Mr. Gaffke said the Warped Tour gets over at 8:00 pm and will be held at the Ice Gardens this year because of a schedule conflict at the fairgrounds. Greg Rath, Fair Board chairman, stated they came before the Commission two years ago regarding this exemption because they were concerned about concert noise, rodeo noise, motocross noise, etc. They are trying to be a good neighbor, and the amphitheater will have noise reductions in place. A number of events last until after 10:00 pm; and the use of the fairgrounds is growing, as is the use of any other public facility. Currently there are a half-million people using the fairgrounds, and they don't know from day to day what new event is going to be held there. He urged the Commission to not put restrictions on the fairgrounds regarding what can be done there. They provide a great service to the community, and the community supports the fairgrounds and what it is. Mr. Rath added that the 1 DO-acre park is considering an amphitheater; and they, too, will be surrounded by houses. Restrictions cannot be put on one and not the other. Jim Simms, Fairground Board member, said he wanted to point out the criteria of selective noise. He lives a mile from the interstate and the railroad, and he hears trucks and trains day and night, 365 days per year. He finds it difficult to believe the northeast neighbors haven't mentioned the truck and train noises. Lorna Sommer, Fairgrounds Foundation member, asked what the criteria is because the fairgrounds has always had concerts, fairs, carnivals, rodeos, etc. Blair House, Gallatin County Fairgrounds, stated the primary difficult with the noise ordinance is that it isn't very clear; there is no decibel levels, only hours. The fairgrounds wasn't taken into account when the ordinance was written, and it is putting undue burden on the fairgrounds. The baseball field is tied to the fairgrounds; and if the fairgrounds goes away, so will the baseball field. The fairgrounds is located in the commercial area of the city, and they have been having concerts there for 101 years and motorsports for 100 years, which are traditional uses. He expressed his understanding for the neighbors' concerns, saying they will need to mitigate those as best they can. Berms and landscaping will be included in any major construction. Mr. House closed by saying they are willing to work with the community as long as it is willing to work with them; and they appreciate any public comment, as long as it is constructive. Sue Shockley, Gallatin Fairgrounds manager, stated they are concerned about the neighborhood's concerns. The fairgrounds is busy, and it needs to be. The motorsport area was built because of the demand, but it isn't used every week; and the amphitheater probably wouldn't host concerts every week. Ms. Shockley said she isn't sure exempting the fairgrounds from the noise ordinance is what needs to be done because they don't comply with the noise ordinance now. She suggested everyone not just think of 04-26-04 _____..n___...._ ____________________ ___ --------..--- --.....----.....-.-- -14- concerts, but also think about the people who are thoughtful users of the fairgrounds. The fairgrounds will do whatever it needs to do to survive. Commissioner Kirchhoff asked if the promoters are going to pay for the construction and maintenance of an amphitheater. Ms. Shockley answered it will not cost the taxpayers anything for the construction and landscaping of the amphitheater; Bravo Entertainment would bear those costs. Commissioner Kirchhoff then asked if, since the promoters are paying for the construction, they would be agreeable to allowing other uses of the amphitheater. Ms. Shockley responded that the amphitheater will be county property and will belong to the community, so it will be available for a lot of uses. Bravo Entertainment is asking for a guarantee of four to six dates per year; currently they hold four concerts per year in Boise. Bravo has done their homework, and they know Bozeman is a good area for a facility like this. Commissioner Kirchhoff then inquired if Ms. Shockley knows anything about the Warped Tour relationship with the City of Missoula. Ms. Shockley stated the Warped Tour requested to hold its concert at Fort Missoula; and they were denied, so they have never been in Missoula. Commissioner Hietala asked if there are any firm plans regarding the location and orientation of the amphitheater. Ms. Shockley replied there are no firm plans; this is still so tentative. It has been suggested the northeast part of the fairgrounds, where the motorsportsfacility currently is, might be a good location. That area of the fairgrounds needs to be spruced up with landscaping, anyway, to meet entryway corridor requirements. Commissioner Hietala asked if there could be some kind of compromise regarding curfew. In response, Ms. Shockley stated that at the present, every event must end at midnight and everyone must be off the grounds by 1 :00, which is acceptable to the Bozeman Police Department. Motorsports have no lights, so they must end before dark. Rodeo events and baseball games last later, but they are not allowed to go until all hours of the night because the fairgrounds doesn't want to disrupt the neighborhood every night. While the fairgrounds is open to some compromise, the historical uses of the fairgrounds must be considered. Sonia Berg, Fairgrounds Foundation member, stated she has personal experience with noise because of the former location of the speedway. While the speedway has been moved, she can still hear it like she could when it was a mile away. Concerts held anyplace in the valley will be heard for long distances unless there is sound mitigation. She pointed out that aU that dirt from Oak Street that is piled up at the fairgrounds should have been piled up on the south side of the fairgrounds, with some nice landscaping, to buffer the neighbors. The amphitheater, with large berms in place, should mitigate the noise much more than it is now. She closed by asking the Commission to allow historical activities at the fairgrounds. Christopher Spogis, 613 North Tracy Avenue, refuted the assertion that the fairgrounds was built before any homes were located in this area, noting he lives in a house that was built before the fairgrounds; so the fairgrounds were, in fact, built in a residential area. Mr. Spogis noted he has an agriculture background, so fairs are very important to him. He had no problem with the fairgrounds until Bravo Entertainment brought the Warped Tour to town. His family actually plans to be out of town when the Warped Tour is in Bozeman because they object to the solid eight hours of obscenities. He does not feel it is fair that they cannot live in their home during certain periods of time, and he is concerned with the protection of their property because of the things that can occur during these types of events. Mr. Spogis questioned the availability of parking for a 6,000 seat amphitheater; figuring four seats per parking space, that is 1,500 parking spaces. The fairgrounds has a maximum of 600 spaces available, so that will push all the other parking to the surrounding neighborhoods. Also, Mr. Spogis pointed out, the berm will go up and then go back down, so two blocks away it will be at ground zero. Everyone is to be afforded equal protection under the law; and if this noise ordinance is waived for the fairgrounds, the neighborhoods' equal protection will go out the window, and they will have no recourse. Bozeman's vision statement will become "the place for big parties because anything goes". Vanna Boccadori, 626 North Bozeman Avenue, stated this is not a case of "not in my back yard"; and she is not opposed to the fairgrounds trying to prosper. The neighborhood tolerates many noisy events, but they are concerned about the frequence of that tolerance in the northeast neighborhood. She encouraged the Commission to consider the effects of the concerts because the neighborhood has concerns with them. While the neighborhood can appreciate that the fairgrounds has been there for over 100 years, the noise levels have increased drastically during that time. This is a neighborhood where families live, and the vulgar language is very objectionable. Bravo Entertainment may clean up the 04-26-04 - 15 - fairgrounds after a concert, but the neighborhood residents are the ones who have to clean up after the participants; and they fear for the protection of their property because of the crowds. MS.Boccadori stated she was glad to hear Ms. Shockley state the fairgrounds is willing to compromise on this issue because the neighborhood is trying hard to find a compromise. Jill Stoltzfus, 619 North Willson Avenue, said she is a member of the newly formed neighborhood subcommittee that is working with the fairgrounds on this issue; and it is their hope to help the fairgrounds realize the impact they have on the neighborhood. At the Foundation meeting, it was said that Bravo wants to face the speakers southwest, for a view of the Bridgers. It also been said that they plan to host six to fifteen or twenty events per year. She has had no complaints previously with the fairgrounds, and she supports their activities; but she is concerned with increasing the frequency of events. Already there are three concerts planned in the Haynes Pavilion, and there are no sound barriers in place there. The City needs to recognize there are EPA recommended decibel levels, and those levels need to be monitored and kept below those recommendations. Staff Attorney Day-Moore stated the noise ord~nance is not set up for decibE* levels, only a reasonable person standard. An exemption for the fairgrounds would allow the activities to continue to a later hour. Traditional uses of the fairgrounds would be allowed based on certain 'exemptions that are built into the noise ordinances. There are two areas of consideration here; outdoor events and outdoor activities. Outdoor events. which include concerts, are limited by the noise ordinance to 6:00 am until 1 0:00 pm inthe summer. Outdoor activities are not restricted by time; it is an allowable exception to allow those activities to go beyond 10:00 pm. Concerts, however, are not an allowable exception. Commissioner Kirchhoff pointed out the fairgrounds is already operating with an exemption, as pointed out by Ms. Shockley; they currently have events that continue beyond 10:00 pm. Staff Attorney Day- Moore noted the police typically do not go to the fairgrounds to shut down an activity; they respond on a complaint basis. If concerts go later than 10:00 pm, they are technically in violation of the noise ordinance now and could be cited. Commissioner Kirchhoff questioned why there is no decibel standard; only a reasonable person standard. Staff Attorney Day-Moore answered there was a decibel level included in the zone code that was so out of date that Legal and Planning staff were concerned with its enforceability, so they used the reasonable person standard, which is entirely enforceable. Staff Attorney Day-Moore pointed out there have been several questions on how the amphitheater is going to be used and why it is being located in Bozeman. The City Commission has no say if the fairgrounds gets an amphitheater because that property is owned by the County, and they are exempt from City zoning. The City must have an informational hearing, but the County is not bound to City zoning or City Commission comments. Commissioner Kirchhoff noted the Commission has heard two different accounts of how many events Bravo Entertainment is anticipating and asked if anyone can clarify the number. Ms. Shockley replied she does not know where the 15 to 20 number came from, but the most the fairgrounds could schedule would be six. In response to Mayor Cetraro, Staff Attorney Day-Moore stated compromise Commission direction could be to direct staff to amend the ordinance to allow outdoor activities at the fairgrounds until 12:00 am in the summer. Commissioner Kirchhoff said he is enthusiastic to hear that both the Board and fairgrounds personnel are working with the neighborhood, and the neighborhood is willing to work with the fairgrounds. Therefore, he is content to defer action on this matter until those parties meet, as it would be wisest to allow them to operate with a clean slate to enable them to reach a compromise. Commissioner Youngman agreed that the neighborhood and the Fair Board together should identify a compromise. The noise ordinance is the City's only say regarding reasonable neighborliness regarding frequency and intensity of use. If those two groups can work out a compromise, that would be fabulous; and then the Commission could adopt something that came out of that process. Commissioner Hietala noted the fairgrounds has a long-standing reputation for loud and innovative activities. Since they have expressed a willingness to accept a curfew adjustment, like midnight, he believes the City could agree on something reasonable and not put a great amount of pressure on the police force to enforce a 10:00 pm curfew. 04-26-04 - - ______...___n _ _ _ _ ____ ------------ . - --..--.-...- - 16- Commissioner Krauss stated he used to be a member of the Fair Board, and he supports the fairgrounds 100 percent. He believes the fairgrounds should be inside the city, where it has always been, because it is an asset to the community. The fairgrounds has to take certain steps to be economically viable; and if some of those steps include concerts, which is a traditional use, he supports that. Commissioner Krauss acknowledged the fairgrounds has certain impacts on the neighborhood, like all other activities, and he is sympathetic to that; but the fairgrounds has always tried to be a good neighbor, and he trusts they will continue to be so. He is concerned that, as a city, the fairgrounds is being told they are not a valuable commodity, so move to Belgrade. He would support a compromise measure to allow the fairgrounds to stay open later, until 11 :00 pm or midnight. Commissioner Krauss stated that rock and roll is an easy target, and the Warped Tour is what it is. If it doesn't come to Bozeman anymore, fine; if they move to the Ice Garden, fine. The Warped Tour is not tied to the decision on the 10:00 pm curfew because the Commission has heard it is just as annoying at 4:00 in the afternoon as it is later in the evening, and it concludes before 10:00 pm. Mayor Cetraro said that because of the functionality and traditional use of the fairgrounds, he would like to change the ordinance, with contingencies that the Fair Board members offered. Commissioner Kirchhoff stated this is not a vote about rock and roll or a vote up or down for the fairgrounds in Bozeman, what is really being discussed is getting along. This is a change of use that the City has no control or say over. The neighborhood and the fairgrounds have already said they are willing to sit down and talk about this, and he is unsure why the Commission would want to try to squash that process. While it is important for the Commission to take action, he believes neighborhood facilitation should be allowed to work first. Commissioner Krauss said he does believe the future of the fairgrounds is, indeed, being discussed and whether or not it will remain a viable entity in the City of Bozeman. The reason the fairgrounds came to the City two years ago to request this exemption is because they were already violating the ordinance, and because the events were less than compatible with the urban environment and its effects on the neighborhood. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission action on the possible exemption of the Fairgrounds from the provisions of the noise ordinance be delayed to give representatives from the Fairgrounds and the neighbors an opportunity to further discuss this issue and possibly reach a consensus, with this item to be brought back to the Commission for further consideration no later than September 1,2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Break 10:12 to 10:19 om Mayor Cetraro declared a break from 10: 12 pm to 10: 19 pm in accordance with Commission policy. Reoort from Bozeman Area Bicvcle Advisorv Board re orooosed Bozeman Bike Route Network - David Baumbauer Mr. David Baumbauer, Chair of the Bozeman Area Bicycle Advisory Board, provided an update on the proposed bike route network, saying this network will not require anyon-street modifications. This is a CTEP project. which will help provide connectivity to desired locations. This plan is in the final stages of Montana Department of Transportation approval, and it is hoped it can get underway this summer. Destination signs are part of this plan, as is bicycle parking; fifteen bike racks will be installed at popular locations throughout the city. An education program is planned to get folks familiar with the routes, and maps will be provided. They also hope to raise the awareness of motorists, to keep an eye out for cyclists. Commissioner Krauss suggested brighter, more shocking bike route signs to communicate to motorists to be aware of bicyclists. Jon Henderson, Bicycle Advisory Board member, responded the signs are larger, yellow signs that say "Share the Road". They are not recommending a route of travel, just acknowledging that people use these streets for biking. 04-26-04 - 17 - Commissioner Kirchhoff noted he has heard of programs that have done great things with bicycles, sharing the road, and networks for safe routes, which have required additional help. He inquired if there is anything the Commission or staff can do to help with connectivity, bike lanes, or anything else. Mr. Henderson stated the Bozeman Area Bicycle Advisory Board has looked at the Greater Bozeman Area Transportation Plan, 2001 Update and the Bozeman 2020 Community Plan; and they want to make amendments to those plans to provide better connectivity, particularly in areas of new development. There are funds allocated in the Capital Improvements Program the next five years specifically for bicycle infrastructure and connectivity. Commissioner Kirchhoff asked how that is prioritized. Mr. Henderson said they want to take the initial step of getting the bicycle routes together to have connectivity and a backbone to stand on. They would like to have a more direct line of communication with the Planning and Engineering Departments regarding bicycle routes in new areas, but that hasn't happened yet in every day situations. Commissioner Kirchhoff agreed all new developments need to provide bicycle corridors, and they should be required by code. Commissioner Krauss asked if bicyclists would prefer to use a shared-use path or bike routes in traffic. Mr. Baumbauer answered that a-level cyclists prefer to be in traffic, b-Ievel cyclists use bike paths, and c-Ievel cyclists.are school kids who also use bike paths. Commissioner Krauss stated his preference for bicycle lanes right next to the traffic; three-lane roads that are swept, clean, and well-marked 50 motorists know bicyclists will be there. Mayor Cetraro thanked the representatives of the Bozeman Area Bicycle Advisory Board for their presentation. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copies of informational cards regarding closure of North Rouse Avenue for the sewer line replacement and the resulting increased traffic onNorthWallace Avenue. (2) Letter from the Gallatin Local Water Quality District, dated April 15, announcing the Automotive and Electronic Waste Collection Event scheduled for Saturday, May 15, at the City Shop Complex. (3) Memo from the State of Montana Board of Crime Control, dated April 15, announcing a public hearing scheduled for May 4 in Helena to receive input on the allocation of $4.6 million in law enforcement/terrorism prevention grant monies, along with a listing of MetNet sites. (4) Letter from Joni Staffanson, 404 Cutting Street, questioning the Commission's action on sidewalks in New Hyalite View Subdivision. (5) Memo from Michelle Dipzinski announcing the special Cemetery Board meeting to be held at 1 :00 pm on May 6 at the entrance to the cemetery. (6) Request from Montana Center for International Visitors, dated April 12, for City funding assistance for their program. (7) Updated list of planning projects to be considered at upcoming Commission meetings, dated April 23, 2004. (8) Notes from the Community Alcohol Coalition meeting held on March 10, 2004. (9) Agenda for the School Board of Trustees meeting to be held at 7:00 pm on Monday, April 26, at the Willson School. 04-26-04 -18- (10) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, April 27, at the Courthouse. (11 ) Agenda for the County Planning Board meeting to be held at 6:30 pm on Tuesday, April 27, at the Courthouse. (12) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, April 27, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, April 27, at the Professional Building. (14) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 am on Wednesday, April 28, in the Commission Room. During his FYI, Acting City Manager Bray noted the following: 1) In the Commission packets were requests for funding from the Montana Center for International Visitors and Galavan. He suggested these requests be put on an agenda in the near future as a budget item. Staff Attorney Day-Moore offered the following FYI item: There will be three resolutions of condemnation coming before the Commission next week. Director of Public Service Arkell noted the following during her FYI: 1) The Engineering Department has been working with the Bozeman Area Bicycle Advisory Board on bike lanes. The Unified Development Ordinance requires bicycle lanes on all collector and arterial streets. During his FYI, Commissioner Krauss stated he will be attending the Power of People presentation on May 6th. Executive session re litiaation At 10:42 p,m., Mayor Cetraro announced that, pursuanttoSection 2-3-203(4)(a), Montana Code Annotated and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, Acting City Manager, Staff Attorney, and the Deputy Clerk leave the room. At 10:51 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Adjournment -10:51 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 04-26-04 - 19 - ANDR ATTEST: ~.st~ Clerk of the Commission PREPARED BY: ~~~~ KA EN L DeLATHO .. Deputy Clerk of the Commission _.. 04-26-04 -----