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HomeMy WebLinkAbout2004-04-19 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 19, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 19, 2004, at 6:00 p.m. 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, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Signing of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Staff Dresentations re deDartment budaet reauests for Fiscal Year 2004-2005: (1) Building InsDection Division: (2) Fire Division: and (3) Police Division Director of Public Safety Mark Tymrak noted that his department is personnel heavy, with not many capital issues or infrastructure needs. He stated the budget has been fairly consistent for the past several years and indicated that this year's budget reflects few changes except for increased expenditures for training and more efficient operations. Director Tymrak stated that no personnel changes are being requested this year; however, additional personnel will be sought throughout his department during the next fiscal year. He noted that the COPS grants, which include a local match, allowed the City to keep up with growth issues in the 1990s. Those grants are now focusing on technology; however, there is a potential that federal grants for personnel will be reinstated during the upcoming year. All divisions within his department are now beginning to feel the effects of growth, and that is being reflected in a decrease in the level of service provided. Director Tymrak cautioned that neither the Fire Division nor the Police Division has operated at full staffing levels during this fiscal year, noting the Police Division has operated down as many as eight officers. He reminded the Commission that four of the officers have been deployed due to the war in Iraq. Three of the officers are due back to the United States in mid-May; however, they will have up to ninety days to seek re-instatement once they are released from duty. Fire. Assistant Director of Public Safety-Fire Operations/EMS Chuck Winn distributed a copy of his presentation. He noted that the Fire Division operates two stations, with a minimum of five firefighters split between those stations. He stated that, with current staffing levels, five firefighters are on duty 40 percent of the time, with six firefights on duty 60 percent of the time. The Fire Division has been able to develop a training center in the brick building located at the City's lower yards and is now able to provide an effective live fire simulation training program. The division has 30 full-time equivalents, which includes 1 ~ FTEs in the Disaster and Emergency Services program, funded by the County, and 24 firefighters. Assistant Director Winn noted that in 1984, the Fire Division responded to fire calls only; 70 to 75 percent of the division's business today relates to emergency medical services. Many of the firefighters are now paramedics and EMT intermediates, which allows for providing advanced life support services more quickly. The Fire Division also has a hazardous material response team, which serves as one of six regional response teams within the state. The equipment for this operation is expensive, and extensive training is required. The division has developed a unique partnership with the City's Water Division to provide confined space/trench rescue. Other rescue training includes high and low angle rope rescue and ice rescue. The Assistant Director noted that non-traditional services include a child safety seat check. He stated that 23 of the firefighters are certified child safety seat installers; and the program has revealed that approximately 95 percent of child safety seats are incorrectly installed. 04-19-04 - 2 - Assistant Director Winn stressed that the Fire Division has encountered a significant increase in workload over the past seventeen years. The division had 22 firefighters in 1987, compared to 24 firefighters today. During that time, emergency calls have increased from 386 to 1845; and the area served has increased from 9 square miles to 15~ square miles. The Assistant Director turned his attention to 2003 highlights, briefly summarizing a few specific items. He then identified some of the desired accomplishments for Fiscal Year 2005. He suggested that, with an additional $20,000 in overtime, the fire stations can be manned at a level of six firefighters all of the time. Upgrading of the fire training facility is also desired to provide enhanced firefighter training. It is anticipated this can be accomplished for approximately $63,000, with fire personnel doing the work, while construction of a similar facility would cost $345,000 to $420,000. The last significant request for the Fire Division is $1 0,000 for rebuilding of the pump on Engine 2, the 1989 Pierce, which failed the pump test last year. Once these steps are accomplished, he intends to invite the ISO back to review Bozeman's rating, with the desired outcome being to re-instate a "4". Responding to Commissioner Kirchhoff, the Assistant Director of Public Safety-Fire Operations/ EMS, stated the City has a mutual aid agreement with the surrounding rural fire departments; and that agreement is working well. He stressed, however, that the Bozeman Fire Department is using them to the greatest extent possible while providing little assistance in return. Building Inspection. Assistant Director of Public Safety-Inspections Greg Megaard, provided an overview of his division and activities, noting the division has twelve employees. He provided statistics on how the city has grown over time, noting that in 1990, it covered 9.7 square miles and now exceeds 15.5 square miles. The number of residential building permits increased from 67 in 1990 to 613 in 2003. Building permits were issued for slightly over 412,000 square feet of commercial space in 2001; 492,000 square feet in 2002 and over 568,000 square feet in 2003. At an average of $80 per square feet, which is probably low, that translates to over $120 million in commercial construction over the past three years. The number of inspections has increased as well, from 6,700 in 2002 to well over 8,000 this year. Assistant Director Megaard noted that non-emergency fire programs he oversees includes the fire prevention program, through which firefighters take the message of fire safety to every grade school in Bozeman. Assistant Director Megaard stated that last summer, the City of Bozeman entered into a contract with the City of Livingston to provide its building inspections; and the Town of Manhattan is now negotiating with the City of Bozeman for a similar contract. To accommodate this increase in workload, he is requesting funding for one additional building inspector, who will be paid from those fees. Further, if the BUilding Inspection operations are relocated to the second floor of the Professional Building, he is seeking additional funding to make the secretary position full-time rather than half-time. Acting City Manager Ron Brey noted that, since the Commission directed staff to abandon the plans to renovate the second floor of the Professional Building due to the high costs, Superintendent of Facilities and Lands James Goehrung has been working on a very scaled back renovation that would still allow for relocation of both the Building Inspection Division and the Department of Law. Police. Due to the late hour, these presentations were delayed for one week. Break - 6:50 to 7:00 D.m. Mayor Cetraro declared a break from 6:50 p.m. to 7:00 p.m.. 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. 04-19-04 - 3 - Minutes - April 5. April 12 and April 15. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of April 12, 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 meetings of April 5 and April 15, 2004, and to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Authorize Actina City Manaaer to sian - Annexation Aareement between City and Gary Metcalf. 39.92-acre parcel described as Tract A. COS No. 2389 (north side of Durston Road at Cottonwood Road extended) Commission Resolution No. 3680 - annexina 39.92-acre parcel described as Tract A. COS No. 2389 (north side of Durston Road at Cottonwood Road extended) COMMISSION RESOLUTION NO. 3680 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1613 - Zone Map Amendment - establishina initial municipal zonina desianations of "R-O" and "R-3" on 39.92-acre parcel described as Tract A. COS No. 2389 (north side of Durston Road at Cottonwood Road extended): provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1613 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-O" (RESIDENTIAL OFFICE DISTRICT) ON THE NORTH 1 0.96 ACRES AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON THE SOUTH 28.96 ACRES LEGALLY DESCRIBED AS TRACT A, C.O.S. 2389, LOCATED IN THE SE%, SECTION 4, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. Authorize Acting City Manager to sign - Annexation Aareement between City and Evert Wierda and Buffalo Land Manaaement. L.L.C. -1 O.06-acre parcel located in the SE%. SW%. Section 35. T1 S. R5E. MPM lIvina alona north side of Baxter Lane. west of Thomas Drive) Commission Resolution No. 3681 - annexina 10.06-acre parcel located in the SE%. SW%. Section 35. T1 S. R5E. MPM lIvina alona north side of Baxter Lane. west of Thomas Drive) COMMISSION RESOLUTION NO. 3681 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. 04-19-04 ---.--- - 4- Ordinance No. 1614 - establishina initial municipal zonina desianation of "R-3" on 1 0.0611-acre parcel located in the SE"h. SW"h. Section 35. T1 S. R5E. MPM (Ivina alona north side of Baxter Lane. west of Thomas Drive): provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1614 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 10.06 ACRES LOCATED IN THE SE"h, SW"h, SECTION 35, T1S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. Approval of final plat for Walton Homestead Subdivision Planned Unit Development. Phase 1- subdivide 14.4541 acres described as Tracts 1-4. COS No. 2085. and parcel described in Book 144. Page 373. into 36 residential and 4 professional office/neiahborhood commercial lots (between Durston Road and West Oak Street. west of the Gallatin County Rest Home) Acknowledae receipt of reauest from Doualas L. Smith for annexation of 88.346 acres located in the E%. SW"h and the W%. W%. SE"4. Section 3. T2S. R5E. MPM (4521 Durston Road): refer to staff Proclamation - "National Library Week" - April 18-24. 2004 Commission Resolution No. 3682 - intent to amend Bozeman 2020 Communitv Plan land use designation on 33.97-acre tract of land described as Lot 4. Home Depot Minor Subdivision No. 319. from "Residential" and "Neighborhood Commercial" to "Regional Commercial and Services" COMMISSION RESOLUTION NO. 3682 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE FUTURE LAND USE MAP FROM "RESIDENTIAL" AND "NEIGHBORHOOD COMMERCIAL" TO "REGIONAL COMMERCIAL AND SERVICES" ON 33.97 ACRES WHICH IS DESCRIBED AS LOT 4, HOME DEPOT MINOR SUBDIVISION NO 319, SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Authorize Actina Citv Manaaerto sian - Professional Services Aareement for Plannina Services - Winter & Company. Boulder. Colorado - for updatina of the City's entryway corridor desian obiectives plans Authorize Actina City Manager to sian - Purchase Aareement for Parcel No.6. Durston Road West proiect - Orville F. Christenot Trust and Annette F. Christenot Trust - 45-foot-wide strip along north edae of part of remainder of Tract 6. Smith Subdivision (5200 Durston Road) Award bid - Wastewater Treatment Plant Improvements. Phase 11- Williams Plumbina and Heating. Inc.. Bozeman. Montana - in the bid amount of $1.867.000.00 Claims Commissioner Hietala expressed concern about the proposal to use impact fees to cover a portion of the costs for the Wastewater Treatment Plant Improvements, Phase II, particularly since it does not appear that portion directly related to capacity expansion has been identified. Commissioner Krauss noted the Commissioners have not talked about using impact fees for that project, either by itself or in context with other projects; and he feels it is important to have that conversation prior to committing to the use of those monies. . 04-19-04 - 5 - Project Engineer Bob Murray stated that the secondary clarifier in this project is 100 percent capacity expanding and is designed to accommodate future growth. He stated that the dollar amount of impact fees identified in his memo for this project is directly from the capital improvement program. Responding to Commissioner Youngman, Project Engineer Murray stated that if impact fees are not utilized, the clarifier may be deducted through an alternative deduct in the bid document; and that would result in eliminating the capacity-expanding component of the project. He then indicated that to eliminate the clarifier could trigger the need to go back to the EPA for approval prior to award of the bid, which could delay the project three to four weeks. Since the EPA monies for this project must be expended by the end of this calendar year, the date for completion of the project is November 30; and bidders are concerned about the impacts that delay of the start date might create and that could affect the overall cost of the project. 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 award of the bid for the Wastewater Treatment Plan Improvements, Phase II, which is to be brought back next week for discussion and further 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. Responding to Acting City Manager Ron Brey, Commissioner Kirchhoff suggested that identifying funding sources to fill the gap if impact fees are not available could be beneficial during next week's consideration of this item. Commissioner Hietala stated he would also like to know both the short-term and long-term effects of delaying this capacity-expanding portion of the project. Public comment Mr. Dan Guggenheim, 418 North Wallace Avenue, forwarded concerns from the residents along North Wallace Avenue about the increased pressures the street has encountered because of the closure of North Rouse Avenue for installation of sewer improvements. He noted the residents are sensitive to the need for the infrastructure improvements, and asked the City to become proactive in mitigating the impacts that are occurring on adjacent local streets through residential neighborhoods. He suggested this could include increased outreach through the media; better marking of the detours that encourages traffic to return to North Rouse Avenue as quickly as possible; regular maintenance of North Wallace Avenue, including street sweeping; and increased law enforcement. Ms. Kara Pilskalns, 324 North Wallace Avenue, expressed concurrence with the previous speaker, stating she would like to see better controls on the detours from North Rouse Avenue. She noted that discouraging the large trucks from traveling the full length of North Wallace Avenue would be beneficial to the neighborhood. Mr. Bob Wade, member of the Recreation and Parks Advisory Board, announced that a new website, http://infobozeman.com, has been created and has been functioning for approximately one month. The first year's funding of this website has been donated by Sandy Dodge, a member of the Recreation and Parks Advisory Board; this time next year the Board may ask the City to either fund continuation of the site or incorporate it into the City's website. He noted that the site currently contains 13 pages of information and is designed to provide information on all of the parks in the city and the activities allowed in each as well as a listing of all activities available in the community. Public hearing - Certificate of Appropriateness - allow further development of Tract 12. Northeast Annexation. through construction ofthree storaae buildin(Js and one Fire Departmenttraining facilitv - City's lower vards. 1812 North Rouse Avenue (Z-04051 ) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Rocky Mountain Engineers for the City of Bozeman under Application No. Z-04051, to allow for further development of Tract 12, Northeast Annexation, through the construction of three storage 04-19-04 - 6- buildings and one Fire Department training facility. The subject property is located at 1812 North Rouse Avenue and is the site of the City's lower yards. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She stated that under this application, three storage buildings and a fire training facility are to be constructed at the City's lower yards, resulting in further development of that site. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that during its review of this application, the Design Review Board applauded the landscape plan for this project. The Historic Preservation Planner stated that, based on its findings, staff has recommended approval of this application, subject to nine conditions. Responding to Commissioner Hietala, Planning Director Epple stated that any time the amount of impervious surface is increased, the amount of drainage must be re-evaluated to ensure there is no new run-off onto adjoining properties. He then confirmed that the City is being treated the same as a private developer would be under the recommended conditions of approval. Superintendent of Facilities and Lands James Goehrung stated that the three new metal buildings are intended to protect the capital equipment for the City's Forestry, Streets. and Water/Sewer Divisions. He noted they will provide winter storage for summer equipment and summer storage for winter equipment. No heat is proposed in these buildings and only a minimal amount of lighting. He indicated that the training facility for the Fire Department is not to be constructed immediately; however, staff determined it would be appropriate to plan for all of the improvements on the site rather than bringing back a separate application at a later date. No one was present to speak in opposition to the proposed development. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested byHocky Mountain Engineers for the City of Bozeman under Application No. Z-04051, to allow for further development of Tract 12, Northeast Annexation, through the construction of three storage buildings and one Fire Department training facility, be approved subject to the following conditions: 1. The applicant shall install boulevard trees along North Rouse Avenue at one tree per 50 linear feet of street frontage. The trees shall be installed within the property line. Applicant shall contact the Building Department to obtain the necessary boulevard tree permits. Applicant shall make sure that all locations for boulevard trees are located a minimum of ten feet from any service line (i.e., water, sewer, utility line). 2. Prior to final approval, the applicant shall provide a color palette and sample materials of the three new storage facilities for design review and approval by Administrative Design Review staff. 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. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 04-19-04 - 7 - 6. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease. and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 7. All existing utility and other easements must be shown on the final site plan. 8. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 9. All plantings must be at least 10 feet from any existing public utilities. 10. All code provisions shall be met, the following provisions in particular: . 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. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the City Engineer. . 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. Lighting details and locations must be included with the final site plan. . Per Section 18.44.100, "Street Vision Triangle," single-stem canopy trees are discouraged but maybe 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. . Per Chapter 18.48, "Landscaping," the final landscape plan must provide a minimum of 23 landscape points (residential adjacency). The final landscape plan shall not depict any new landscaping in the right-of-way and shall not depict any landscaping on adjoining properties. All utilities and easements must be coordinated with the landscape plan to ensure no overlap. . Per Chapter 18.52, "Signage," all new signage shall require a sign permit subject to review and approval by the Department of Planning and Community Development. 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 hearina - Conditional Use Permit - allow construction of two-car garage with sinale bay carport on Lots 13. 14 and 15. Block 18. Capitol Hill Addition. with 970-sauare-foot. two-bedroom. second-floor dwellina unit - Christopher Livingston for Amv Phillips (Z-04048) This was the time and place set for the public hearing on the Conditional Use Permit requested by Christopher Livingston for Amy Phillips under Application No. 2-04048, to allow the construction of a two-car garage with single bay carport on Lots 13, 14 and 15, Block 18, Capitol Hill Addition, with a 970-square-foot two-bedroom second-floor dwelling unit. Mayor Cetraro opened the public hearing. 04-19-04 _._"...__.. .___u__.___ . ...-.-----.----.--"..--.. - 8 - Historic Preservation Planner Allyson Bristor presented the staff report. She noted the applicant is seeking permission to construct a second dwelling unit on the property located at the northeast corner of the intersection of West Arthur Street and South 5th Avenue. Under this application, a two-car garage and carport are to be constructed, with a two-bedroom dwelling unit to be located on the second floor of the new garage. The Historic Preservation Planner noted that the zoning in this area allows for two single households to be located on a lot. Following review of this application in light of the applicable criteria, staff has forwarded a recommendation for approval, subject to several conditions. She briefly highlighted some of the recommended conditions, a majority of which pertain to the architectural details. She then noted that staff has received a letter from a member of the public expressing concern about the condition of the sidewalk in front of this property; and one of the recommended conditions of approval will ensure that sidewalk is replaced. Mr. Christoper Livingston, architect representing the applicant, stated it was his intent to create an architecturally acceptable project that fits within all setbacks on the subject property. He noted this project is being done by architecture students at MSU, and it has been an educational process for everyone involved. He concluded by expressing a willingness to work with the City to address all concerns, particularly those pertaining to aesthetics. No one was present to speak in opposition to the proposed conditional use permit. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit requested by Christopher Livingston for Amy Phillips under Application No. Z-04048, to allow the construction of a two-car garage with single bay carport on Lots 13, 14 and 15, Block 18, Capitol Hill Addition, with a 970-square-foot two-bedroom second-floor dwelling unit, be approved subject to the following conditions: 1. The proposed accessory building shall provide a separate sewer line from the principal building's line on site. (Contact the Water/Sewer Superintendent if you have additional questions.) 2. The applicant shall provide material and color samples of proposed exterior siding for review and approval by Administrative Design Review staff prior to final site plan approval. 3. The applicant shall offer additional fenestration on the building's south elevation for review and approval by Administrative Design Review staff prior to final site plan approval 4. The community residential facility shall maintain its current number of full-time and part-time staff employees and maintain its current hours of operation, following new construction and expansion of the conditional use. 5. Any cracked or broken portions of sidewalk along either of the street frontages shall be replaced and pedestrian ramps shall be installed at the South 5th Avenue and West Arthur Street intersection. 6. All code provisions shall be met, the following provisions in particular: . Per Section 18.34.100.C, "City Commission Consideration and Findings for Conditional Use Permits," the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. . Per Section 18.34.100.C, "City Commission Consideration and Findings for Conditional Use Permits," all of the special conditions shall constitute restrictions running with the land use, shall apply and 04-19-04 .--. --......-.--- .._..._.___.u_.....____.__.._.__.___.___.......-... - 9- be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successor and assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. . 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. Lighting details and locations must be included with the final site plan. . Per Section 18.46.020.F, "Surfacing," the proposed pea gravel driveway shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by a City Engineer. . Per Chapter 18.48.050.E, "Street Frontage Landscaping Required," one large canopy tree for each 50 feet of street frontage shall be installed in the street right-of-way along West Arthur Street. . Per Chapter 18.52, "Signage," all new signage shall require a sign permit sUbject to review and approval by the Department of Planning and Community Development. 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. Public hearina - amendment to Bozeman 2020 Communitv Plan - amend Qrowth Dolicv land use desianation on 33.97-acre tract of land described as Lot 4. Home DeDot Minor Subdivision No. 319. from "Residential" and "Neiahborhood Commercial" to "Reaional Commercial and Services". CaDe- France EnterDrises (west side of North 19th Avenue between Tschache Lane and West Oak Street) (P-04007) This was the time and place set for the public hearing on the amendment to the Bozeman 2020 Community Plan requested by Lowell Springer for Cape-France Enterprises 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 subject property lies along the west side of North 19th Avenue between Tschache Lane and West Oak Street. Mayor Cetraro opened the public hearing. Associate Planner Jody Sanford presented the staff report. She noted the subject property is located immediately south of Home Depot. Approximately 7 acres located at the northwest corner of the intersection of North 19th Avenue and West Oak Street is currently planned for neighborhood commercial; and the remaining 27 acres is planned for residential development. Adjacent land use designations include residential to the north and south, regional commercial to the east, and parkland (Rose Park) to the west. Associate Planner Jody Sanford stated that staff has reviewed this application in light of the four applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, the staff forwarded a recommendation for denial. Following its review of the application at its meeting held on April 6, a majority of the Planning Board members voted to recommend approval of the amendment. Mr. Lowell Springer, architect representing the applicant, stated his letter dated February 10, 2004, identifies how this application meets the four criteria for review of growth policy amendments. He noted the land use designation for this subject property was discussed at length during development and adoption of 04-19-04 ---.----- -.--- - 10 - the Bozeman 2020 Community Plan. He acknowledged this property has been designated for residential development since 1973, both before and after its annexation in the 1980s; however, that was prior to the construction of North 19th Avenue, which has become a major thoroughfare into the community. This new roadway has resulted in a metamorphosis of this area, from a tranquil, rural countryside to one of the busiest accesses to any city in Montana. He further stressed that the Bozeman 2020 Community Plan identifies nodes of commercial development at major intersections, and characterized the intersection of North 19th Avenue and West Oak Street as probably one of the busiest intersections in Bozeman that will only become busier with further development to the west. He characterized the existing land use designations as "a gaping misalignment with the 2020 Plan." He forwarded his contention that the requested change is minor and brings the map into compliance with the plan. Mr. Springer stated this area has become a high-volume, high-traffic commercial area and is inappropriate for residential development. He concurred that, in certain circumstances such as a downtown area, residential can be successfully integrated into commercial development. In this instance, however, he believes the result would be high-density family housing with few amenities that would deteriorate within a matter of years, particularly since it would be adjacent to regional commercial development. Mr. Lowell Springer noted that, since the StoneRidge Planned Unit Development was started in 1997, it has enjoyed great support from the community. He stated that residents in the Brentwood Subdivision made him promise that he would not propose residential development adjacent to their subdivision; and he has not. Further, he has made a commitment to good development in this entryway corridor and he does not find that residential development would meet that commitment. Mr. Springer concluded by noting that even the two Planning Board members who voted against this requested growth policy amendment recognized that commercial development is most appropriate along this corridor; they were just uncertain that regional commercial is the best. The one member of the Zoning Commission that voted against the zone map amendment that is the subject of the next agenda item shared similar concerns. He then asked that the Commission concur with the recommendations of the Planning Board. Mr. Frank Eckes, 2201 Maplewood Street, noted that several years ago he addressed the Commission when residential zoning was being considered between North 19th Avenue and Brentwood Subdivision between Durston Road and West Oak Street. At that time, residents encouraged the Commission to allow basically office and commercial uses with daytime hours only. The result is a nice buffer between the residential area and the heavy traffic area adjacent to North 19th Avenue, allowing him to have his office very close to his home. He concluded by encouraging the Commission to approve the growth policy amendment as proposed, suggesting the result would be preferable to residential development. Ms. Pat Simmons, 1123 Woodland Avenue, voiced concern about the potential increase in traffic on Woodland Avenue that could result from development on this property north of West Oak Street. She noted that the Brentwood Subdivision is already surrounded by the Rose Park apartments and the Arcadia Apartments as well as a significant amount of other multi-family housing; and she is concerned about the negative impacts that additional multi-family housing would have on the neighborhood, including noise and traffic. She concluded by asking the Commission to ensure that any decision it makes does not negatively affect the property values in Brentwood Subdivision. Mr. Ben Alexander, 2251 Powder Park Court, expressed concern about the proposed regional commercial land use designation. He noted that, as a former member of the City Planning Board that worked on developing the Bozeman 2020 Community Plan, he recalls the strong interest in avoiding strip development along the North 19th Avenue corridor. The land inventory reveals 172 acres of regional commercial land already available for development, reflecting no shortage for larger commercial development. He voiced concern about the potential impacts that large scale retail development might have on Rose Park, particularly with the large loading docks and trash receptacles generally associated with that type of development. He suggested that smaller businesses or residential development adjacent to the park would be preferable. He concluded by noting that, at the Planning Board meeting, the applicant indicated that a community commercial land use designation would accommodate his desires for development at the intersection of North 19th Avenue and West Oak Street, and asked that this amendment not be approved, particularly since this is a precedent-setting vote. 04-19-04 - 11 - Mr. Lowell Springer stated the property values in this area have constantly risen and he anticipates they will continue to do so as long as quality development takes place within the StoneRidge Subdivision. He reiterated his concern that, if residential development is required on this subject property, it will end up deteriorating and negatively impacting property values. He then suggested that regional commercial on the north half and community commercial on the south half might be an acceptable alternative. Mr. Don Cape, Jr., applicant, recognized that the development standards which have been imposed along North 19th Avenue have resulted in an attractive commercial-oriented entryway corridor to the community. He cautioned that requiring this property to remain residential could be a negative for the corridor, particularly since the zoning would allow for construction of four-plexes that would probably be occupied by younger families; and that could result in significant safety problems. He concluded by noting that residential development does not benefit from high traffic counts and encouraged the Commission to allow the types of uses for which those counts would be a benefit. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Responding to Commissioner Youngman, Associate Planner Jody Sanford stated that, under B-2 zoning, a 50-percent increase can be sought automatically, with an additional 30 percent allowed under the conditional use process. As a result, an 86-foot-tall building could be constructed under the regional commercial land use designation. She noted that under the community commercial land use designation, no extra height allowances are available; and those same height limitations apply to the "BP" zoning district. Further responding to Commissioner Youngman, the Associate Planner stated that four-plexes may be constructed in the "R-3" zoning designation. Under the "B-2" zoning designation, apartments would be allowed on the second and subsequent floors, and apartment buildings would be allowed as a conditional use. Responding to Commissioner Krauss, Associate Planner Sanford confirmed that, even though the land use designation for the 7-acre parcel at the intersection of North 19th Avenue and West Oak Street is currently neighborhood commercial, the zoning is "R-3." She then noted that the Highgate House is currently being constructed along the north side of West Oak Street, immediately east of Rose Park. Responding to Commissioner Youngman, the Associate Planner confirmed that this same type of land use designation has been considered on five previous occasions. She briefly reviewed those times, noting that each time the Commission confirmed the current designations. She then indicated that no other neighborhood commercial land use designations are planned for this area. Further responding to Commissioner Youngman, Associate Planner Sanford stated that during development of the Bozeman 2020 Community Plan, staff planned for twice as much of each land use designation as they thought necessary to accommodate growth over the next twenty years; and there is still a significant amount of vacant regional commercial land in the city, in a variety of locations and under various ownerships. Responding to Mayor Cetraro, Associate Planner Sanford indicated staff is unable to find the requested amendment would comply with any of the review criteria. Commissioner Kirchhoff noted this application has been persuasively laid out by the applicant; however, a closer look at the surrounding area reveals planned residential development west of the subject property, existing residential development to the south and the east, a living facility currently under construction to the west, and residential development under construction immediately to the east of the Bridger Peaks Town Center. He noted that the residential development in this immediate area reflects a mix of affordable housing units, single-family homes and some slightly higher-density residential development. Commissioner Kirchhoff noted that a review of the findings in the staff report and the chronology for considering the numerous requests for rezoning ofthis property revealed the conclusion each time has been that residential development is appropriate; and he believes that, with thoughtful design, residential development can still work in this area. He then stressed that the Commission has made some concessions for development along this portion of the North 19th Avenue corridor; and he believes that a variety of development along this entryway can be complementary and compatible. 04-19-04 ----.------- - 12 - Commissioner Youngman stated the existing "R-3" zoning designation allows for a variety of housing as well as services such as churches and day care facilities. She suggested that those services could provide a nice buffer between the street and the residential development to the west. She expressed an interest in rezoning of the southern portion of this property to "B-1", to be in compliance with the current land use designation, stating she feels that is more appropriate than this requested amendment to the land use designation. She voiced concern about the types of development that could occur under the requested regional commercial land use designation and the applicable zoning, and the impacts that the building heights, traffic volumes and types of uses might have on the surrounding residential development and adjacent parkland. She stated that residential development adjacent to a city park is preferable to commercial development and provides a safer and more desirable atmosphere. She is also concerned about the negative impacts that regional commercial development would have on the assisted living facility currently under construction. She concluded by expressing her interest in not changing the land use designation, but possibly considering zone changes that would accommodate the applicant to a lesser degree. Mayor Cetraro suggested the requested land use designation allows for the highest and best use of the land and, as a result, supports the application. Commissioner Krauss noted that a change in land use designations and zoning must be based on a compelling argument. In this instance, he could support a change to "BP" or a similar zoning designation; however, he finds that regional commercial next to Rose Park and a senior housing development reaches too far. He concluded by stating that, based on the history of previous requests and the information provided in conjunction with this application, he cannot support the requested change in land use designation. He indicated, however, that he might be able to give more favorable consideration to a proposal that splits the property in different land use designations that ensure current development is protected. Commissioner Hietala suggested that splitting the property into various land use designations that create a buffer for Rose Park and provide for appropriate development at the corner of North 19th Avenue and West Oak Street might be an option. He then stated he feels there needs to be a change in the land use designation to give the developers an opportunity to take advantage of market changes. Commissioner Krauss responded a compelling argument must be made to change land use designations and zoning designations. In this instance, he finds the parcel is probably too huge to rezone but too small to effectively split into commercial, regional commercial and residential designations. He recognized that market realities must be considered; however, he does not find the applicant has successfully made a case to support the requested changes. Mayor Cetraro indicated he supports continuing commercial development along North 19th Avenue and North 7th Avenue, rather than allowing it to extend out past city limits. Mr. Lowell Springer noted that the Zoning Commission and the City Planning Board members expressed many of the concerns that have been voiced during this public hearing; however, they forwarded a recommendation for approval. He then noted that, if the Commission wishes, it may be possible to divide the parcel to allow for residential development along the west side of the creek corridor, with the eastern portion being split between regional commercial and community commercial. Responding to Commissioner Youngman, Mr. Springer stated there is already a neighborhood commercial node in StoneRidge, south of West Oak Street; and the Bozeman 2020 Community Plan talks about nodes of commercial development around major intersections. He feels that the neighborhood types of uses have already been covered by the existing neighborhood commercial areas and that community commercial development at this corner would be more appropriate. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the decision on this master plan amendment be tabled for a period of one week. 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. 04-19-04 - 13 - Public hearina - Zone Map Amendment - amend the zoning from "R-3" to "B-2" on 33.97-acre tract of land described as Lot 4. Home Depot Minor Subdivision No. 319 - Cape-France Enterprises (west side of North 19th Avenue between Tschache Lane and West Oak Street) (Z-04032) This was the time and place set for the 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 Tscache Lane and West Oak Street. Mayor Cetraro opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that this public hearing be continued for a period of one week. 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. Break - 8:45 to 8:55 p.m. Mayor Cetraro declared a break from 8:45 p.m. to 8:55 p.m., in accordance with Commission policy. Ordinance No. 1612 - amending Chapter 8.12 of the Bozeman Municipal Code prohibitina sale of fireworks within city limits and establishing reaulations reaardina the discharae offireworks within city limits Included in the Commissioners' packets was a copy of Ordinance No. 1612, entitled: ORDINANCE NO. 1612 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 8.12 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 8.12.0120, 8.12.020, 8.12.030, AND BY ADDING SECTIONS 8.12.040, 8.12.050., 8.12.060, 8.12.070; PROVIDING FOR REVISED DEFINITIONS, PROHIBITING THE SALE WITHIN THE CITY LIMITS AND ESTABLISHING REGULATIONS REGARDING THE DISCHARGE OF FIREWORKS. Staff Attorney Susan Wordal noted that, distributed just prior to the meeting, was a revised ordinance which includes the provision that the Director of Public Safety or his designee may ban the discharge of fireworks due to safety concerns, citing drought conditions and high winds as potential issues. The ordinance also requires that those who discharge fireworks must also clean up the debris, a provision which the Staff Attorney characterized as housekeeping. Responding to Commissioner Youngman, Staff Attorney Wordal characterized this ordinance as a compilation of ordinances from around the state and is designed to prohibit those types of fireworks that could pose a great danger to surrounding development. Responding to Commissioner Kirchhoff, the Staff Attorney indicated that under the new revisions, the Director of Public Safety or his designee could ban the shooting of fireworks based on conditions, such as extreme fire danger, or he may limit the types of fireworks allowed under those conditions. Responding to Commissioner Youngman, the Staff Attorney indicated that she provided an earlier draft of this ordinance to the County Attorney's office but has received no feedback from that office. She then noted that a lot of people have lobbied the County to take action, but she is not aware of any efforts to limit sales or post signs on the fireworks stands. Responding to Commissioner Krauss, Staff Attorney Wordal confirmed that State statutes limit the days on which fireworks may be sold. This ordinance is designed to create a balance between those residents who don't want fireworks discharged in city limits and those who wish to shoot them off for an extended period of time. 04-19-04 ---------....--- ______.... __ ._._______.___.____u_"..._ - 14 - Commissioner Youngman stressed that, under the current ordinance, fireworks are totally banned; and this ordinance will allow for the lawful discharge of fireworks on three days each year. Staff Attorney Wordal stated the Police Department currently logs a substantial number of calls relating to fireworks but, as a practical matter, is unable to enforce the existing ban. She suggested that allowing for fireworks to be discharged during a limited time will allow law enforcement to focus on those incidents that pose the biggest danger. Responding to Commissioner Youngman, the Staff Attorney indicated that allowing fireworks to be discharged on the day before, on the 4th of July, and on the day after was the recommendation from the Director of Public Safety, based on his observations of past behaviors in the community. Mr. Denny Klewin, 3251 Wagon Wheel Road, recognized the current ban is not working, noting that "a firecracker in the hand is worth two in the bush." He noted that the Class C fireworks mentioned in Section 5 are the ones that created problems on his property and probably would have done more damage if it hadn't been for the quick reactions of his neighbors. He also voiced concern about allowing fireworks to be discharged until 1 :00 a.m. on July 4, suggesting that midnight is late enough. He forwarded his position that having water hoses connected during the discharge of fireworks should also be required, to minimize the potential for property damage resulting from those fireworks. He concluded by voicing support for adoption of this ordinance in the context that the City and the County work together, noting that the County Commission will be considering requests to allow sale of fireworks in various locations close to city limits at its meeting tomorrow. Ms. Susan Swimley, 207 McAdow Avenue, expressed support for the ordinance as revised. She then suggested that staff be encouraged to attend the County Commission meeting, at which six requests for permits to sell fireworks will be considered. She noted that since those approvals will be under the conditional use process, the County Commission can impose conditions; and suggested that those conditions include identifying those items that are not allowed within city limits as well as those that are allowed within city limits. She stated that this would be a huge step toward enforcement of the ordinance as well as a huge step in the educational process. Responding to Commissioner Kirchhoff, Ms. Swimley stated the County Commission is only regulating the sale of fireworks, not the use of the fireworks being sold at those stands. She then indicated that State statutes allow for the sale of fireworks for twelve days in June and July and on December 31 each year. Ms. Jeanne Knox, 312 North Church Avenue, stated she would prefer to see the County not even allow the sale of mortars or any other type of fireworks not allowed within the city limits. Her gut reaction is to adamantly oppose the discharge of fireworks, particularly in light of the negative impacts that they have on her two dogs. She encouraged the City, rather, to enforce its current ordinance rather than taking the position that it can't be done. Ms. Christine Phillips, 2807 Westridge Drive, noted she moved to Bozeman from Billings four years ago, and she has found that Bozeman is "like a war zone in the summer." She stated that she now has a small child, a dog and a cat that are negatively impacted by the discharge of fireworks. Last year, the family chose to leave town on July 4 and came back home to find the house filled with smoke as the result of the deck burning from errant fireworks. The deck, in fact, burned within two feet of the house before being extinguished. Ms. Phillips distributed an information sheet taken from a website on fireworks, showing the deck of their home and forwarding some suggested ways to ensure public heath and safety. She questioned how the police can more effectively enforce a ban on certain types of fireworks than it could enforce a total ban. She also proposed that a fireworks hotline be created so those who wish to report violations can do so quickly and easily and with the expectation that response will be quick. Mr. David Perlstein, East Olive Street, stated the worst problem is that most stands sell aggressive fireworks illegally. He voiced concern that this ordinance allows people to shoot fireworks in a community with too many wood structures and too many irresponsible people. He feels a total ban on fireworks and a bigger display by the community will help to fill people's needs for fireworks on the Fourth of July. 04-19-04 _..n.. ..___. __ __ .".... ..n._._ - 15 - Ms. Pat Swenson, 5814 Arrowwood Drive, stated she has lived in the same subdivision, located outside city limits, since 1981. She characterized the area as a "virtual war zone" for the last few years from the day that fireworks go on sale to as late as July 16. She stated that she works forty hours a week and cannot survive on three hours of sleep a night; and the noise has begun to cause health problems. She then noted that she has asked the County Commission to prohibit fireworks outside city limits. Mr. Rick Hixson, 307 Treasure Avenue, stated he has come to "absolutely dread July 4", noting that he cannot get to sleep before 1 :00 a.m. He stated that this ordinance is not in compliance with the noise ordinance and asked that there be strict enforcement of the ban on fireworks except for the three days allowed under this ordinance. Responding to Commissioner Kirchhoff, Staff Attorney Susan Wordal stated that the County Commission will be considering requests for conditional use permits to allow fireworks stands at various locations in the county. She then stated that, absent county-wide zoning, the County does not have the authority to regulate the sale and discharge of fireworks in the entire county. Commissioner Youngman stated she cannot support the ordinance as drafted since it allows the discharge of fireworks for three days. She noted her area has been a war zone for sixty days, until the wee hours of the morning; and this has had significant impacts on the residents in that area. She recognizes the importance of allowing fireworks on July 4 and New Year's Eve, but does not support the extended period around July 4. She then stressed the importance of committing to strong enforcement of the new regulations this year. She also suggested that the City send someone to the County Commission meeting to ask for posting of signage on what is legal and what is not within city limits. Also, a brochure could be helpful in providing information on the new regulations to the community. Commissioner Kirchhoff cited his personal experiences with shooting off fireworks inside city limits. He noted that this winter, when trying to clear a huge ice jam on his roof, he discovered a massive bottle rocket that had burned through four inches of ice and snow; and he had visions of what might have been. He recognized that people don't mean harm when shooting off fireworks, but the practice is getting to be obnoxious; and he agrees something needs to be done. Responding to Commissioner Krauss, Acting City Manager Brey stated staff does not have a fiscal note at this time, but will keep track of those items that generate costs. Commissioner Hietala expressed support for the ordinance as drafted, noting it provides narrow windows of time for the discharge of fireworks. Mayor Cetraro stated he finds the ordinance is reasonable as written. He then indicated support for notifying the County Commission of this Commission's actions. Mr. Denny Klewin cautioned the area may be in its sixth year of a drought, noting that it is important to consider how that might raise the danger of shooting off fireworks. He then stressed the importance of the City and the County working together to address the issues of both sale and discharge of fireworks. Further, he noted that having law enforcement adequately staffed to respond to violations of this ordinance will be very critical, since it is important to impress on people that such violations will not be tolerated. Responding to Commissioner Youngman, Commissioner Kirchhoff indicated a willingness to attend the County Commission meeting tomorrow to forward the City's comments. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Ordinance No. 1612, prohibiting sale of fireworks within city limits and establishing regulations regarding the discharge of fireworks within city limits, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Youngman. 04-19-04 - 16 - Commission Resolution No. 3672 . intent to create SID No. 675. improvements to North 19th Avenue from Baxter Lane to Vallev Center Road: set public hearina for Mav 10. 2004 Included in the Commissioners' packets was a copy of Commission Resolution No. 3672, entitled: COMMISSION RESOLUTION NO. 3672 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 676. Also included in the Commissioners' packets were memos from Project Engineer Sue Stodola and Finance Director Miral Gamradt, dated April 14, forwarding additional information on these proposed special improvement districts in response to issues and concerns expressed at last week's meeting. Acting City Manager Ron Brey noted that the City has received requests that the assessment areas be expanded to lower the assessments to individual property owners; and staff has provided options based on those requests. He then noted that these projects are eligible for the expenditure of street impact fees to cover nearly one-half of the project costs. He suggested that if the Commission intends to spend impact fees on these projects, it will be necessary to bring back revised resolutions for consideration; and those resolutions must be considered by both the City Commission and the County Commission, which will extend the timeline for this process. Project Engineer Sue Stodola stated that this SID is one component of the overall project and involves improvements to North 19th Avenue between Baxter Lane and Valley Center Road. She characterized this roadway as a principal arterial and, as a result, the boundary of the district has been designed to extend roughly one-half of the distance to North 7th Avenue on the east and one-half of the distance to Davis Lane on the west, which are the next major arterials. Responding to Commissioner Kirchhoff, staff confirmed that by adopting these resolutions as submitted, the Commission will be making the determination that impact fees are not to be included as a funding source for these projects. Mr. Don Cape, Jr., 915 O'Connell Drive, reiterated his concern with these proposed special improvement districts, particularly the one for Valley Center Road. He stressed that he is not opposed to the SID and, in fact, his company has signed a waiver of right to protest the creation of the district. However, he believes the cost per acre for that district must be reduced and if that is not done, he has no option but to protest. Mr. Gary France, 1515 Skinner Road, stated he finds the proposed SID for Valley Center Road, which establishes an assessment rate three times higher than that for North 19th Avenue, unacceptable. He noted that it appears Valley Center Road was constructed incorrectly seven years ago, so those improvements must be removed before the road can be reconstructed. He does not believe those costs should be solely the responsibility of the property owners within the district. He acknowledged that those developing property must "pay for things that make the wheels go round", but stressed the importance of making sure those costs are equitably applied. Mr. Bob Lee, Morrison-Maierle, indicated he is a consulting engineer representing Mr. Jerry Swenson. He stated his client does not wish to oppose the special improvement districts, since they will help to enable development of the property. He indicated that the resolutions as drafted are acceptable to his client; however, if the boundaries are modified, he wants an opportunity to analyze the fiscal impacts on that property. City Attorney Luwe noted that, on those properties for which waivers of right to protest the creation of SIDs have been executed, the protests do not count toward the percentage needed to stop the process of creation; however, those property owners do have the opportunity to try to convince the Commissioners not to proceed. 04-19-04 - 17 - Mr. David Crawford, Thomas, Dean & Hoskins, consulting engineer for the special improvement districts, encouraged the Commissioners to look at the entire picture and then act on the individual pieces. He cautioned that if one of the districts is expanded, it will have a ripple effect on the others. Commissioner Krauss indicated that adoption of the resolutions as drafted means that impact fees will not be expended on these projects. He stated he is not prepared to commit street impact fees at this time because, if the City is required to repay those fees, the result would be a defacto bond issue on the property owners in the community to subsidize the SIDs without an opportunity to vote on that bond issue. Commissioner Kirchhoff expressed his concurrence with Commissioner Krauss's comments. He noted that, with no word from the presiding judge, he finds it extremely difficult to spend impact fee monies; and he does not want to be put in the potential position of having to find monies to repay impact fees if the City receives an adverse ruling. Acting City Manager Brey reminded the Commissioners that the resolutions currently before them define the assessment areas and have been drafted without the expenditure of impact fees. Responding to Commissioner Youngman, City Attorney Luwe confirmed that the City could commit funds to buy down the assessments after the special improvement districts are created. He cautioned, however, that if the improvements have already been constructed, it probably will not be possible to use impact fees to do so. Commissioner Youngman noted that the City has been careful not to spend impact fees without some type of court ruling. She concurred that it had previously looked like this was the time to start using them; however, she cannot support that action given the current status of the litigation. Commissioner Kirchhoff questioned whether this is the place to spend impact fees, especially when the City is also faced with the need for improvements to Durston Road and West Babcock Street. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission adopt Commission Resolution No. 3672, stating the City's intent to create SID No. 675, improvements to North 19th Avenue from Baxter Lane to Valley Center Road, and setting the public hearing for May 10, 2004. 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. Commission Resolution No. 3673 - ioint resolution with County Commission relatina to creation of SDeciallmDrovement District No. 676 Included in the Commissioners' packets was a copy of Commission Resolution No. 3673, entitled: COUNTY COMMISSION RESOLUTION NO. 04-036 CITY COMMISSION RESOLUTION NO. 3673 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 676. Project Engineer Sue Stodola stated that when the boundaries for the North 19th Avenue road improvements and the Valley Center Road improvements were drawn, care was taken to ensure that they did not overlap. She noted that Valley Center Road is bounded on the north by 1-90, and the boundary for the North 19th Avenue improvements limits the southward extension of this district's boundaries. She indicated that waivers of right to protest the creation of a special improvement district for improvements to Valley Center Road have been executed on 70 percent of the properties within this boundary. She cautioned that expanding the boundaries to the west and the south will result in adding properties for which no waivers have been executed. 04-19-04 . .--.......--- - ..---...-...-- .--- _____..u.__.__ - 18 - Commissioner Kirchhoff noted that staff's memo reveals Director of Public Service Debbie Arkell and Project Engineer Sue Stodola attended the County Commission meeting at which the joint resolutions were adopted after hearing arguments similar to those heard by the City Commission. Ms. Susan Swimley, attorney representing the Milligans, stated that she also attended the County Commission meeting. She indicated it was her impression that if the property owners in the area had wanted to kill this special improvement district, they could have done so because the County was not convinced the boundary for this district has been properly drawn, resulting in some inequities. Responding to Commissioner Krauss, Ms. Swimley stressed that none of those who have testified against this special improvement district is opposed to the improvements; rather, they are opposed to the assessment. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3673, a joint resolution with the County Commission relating to creation of Special Improvement District No. 676. 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. Commission Resolution No. 3674- intent to create SID No. 676. improvements to Vallev Center Road from North 19th Avenue to iust west of North 27th Avenue: set Dublic hearing for Mav 3. 2004 Included in the Commissioners' packets was a copy of Commission Resolution No. 3674, entitled: COMMISSION RESOLUTION NO. 3674 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 676; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED 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 THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Responding to Commissioner Krauss, Project Engineer Sue Stodola stated the improvements have been divided into four special improvement districts so that those properties benefitting from the improvements are bearing the costs of those improvements. She then noted that State statutes require that the benefit to the property exceeds the cost of the improvements, but it does not require that the assessments for the different districts be similar. All four of these districts are being assessed on the area method, and all of the properties within a specific district are being assessed at the same rate per square foot. City Engineer Rick Hixson noted there are several reasons the improvements to Valley Center Road are more extensive and costly than those to North 19th Avenue. He stated that Valley Center Road was previously improved to move people into and out of town, in a rural setting that would accommodate speeds of 70 miles per hour. Also, he noted that 1-90 creates a natural boundary on the north, thus reducing the number of properties to bear the costs of the improvements. Mr. Mark Chandler, C&H Engineering, stated he represents the Milligans. He stated it is their belief the assessment of $24,300 per acre cost for the Valley Center Road improvements exceeds a reasonable amount, particularly since it is 3~ times the $7,000 per acre cost for the North 19th Avenue improvements. He questioned why the district for the Valley Center improvements is so small, and suggested that a more equitable situation could be created by one of the following: (1) imposing a general tax on everyone; (2) increasing the size of the district; (3) paying down the costs with impact fees; or (4) redesigning the Valley Center Road improvements to utilize more of the existing infrastructure. He concluded by asking that SID No. 676 not be created until a more equitable alternative has been developed. 04-19-04 --------- - 19- Mr. Lowell Springer, architect representing Cape-France Enterprises, noted the statutes are specific in requiring that those paying for improvements get some benefit from those improvements. He stated that Valley Center Road is widely used by a significant number of residents in and around Bozeman; and he finds that asking those owning property within the district to pay 3Y2 times more than those property owners along North 19th Avenue is inappropriate and not equitable. Ms. Susan Swimley, attorney representing the Milligans, stressed that there is no distinction between the benefits to the properties under SID No. 675 and SID No. 676, yet one is being asked to pay $28,000 per acre while the other is being asked to pay $4,000 per acre. She suggested maybe this process should have been started months ago, with the County being asked to contribute impact fees, particularly since it is a designated highway. She stressed that no one wants to stop the improvements; they simply want the assessments to be more equitable. She recognized that many of the properties within the district are sUbject to waivers of right to protest the creation of the special improvement district; however, that does not release the City from the obligation to meet the statutory criteria. She concluded by acknowledging that the commercial development occurring in this area is creating pressures on the road system, thus triggering the need for these improvements. Mr. Bob Lee, Morrison-Maierle, representing the Swenson property, reiterated Mr. Swenson's request that he be given an opportunity to analyze the fiscal impacts to his property if the boundaries of any of the districts are changed. Mr. Don Cape, Jr., 915 O'Connell Drive, stated the assessment on his property will be $24,300 per acre, for improvements to a road that is used primarily by residents of county subdivisions traveling into town; and that warrants participation by the County. Further, he reiterated that a bulk of the costs result from prior road improvements that are no longer needed since this is becoming a more urban roadway. He cautioned there is significant risk in adopting these resolutions at this time, since the result could be adequate protest to kill the special improvement districts for a minimum of six months. Responding to Commissioner Krauss, City Engineer Rick Hixson stated staffwould not have brought these resolutions forward if it had not found that the benefit to the properties exceeds the cost of the improvements. Mr. David Crawford stated that, when preparing the information for these districts, hefound a definite increase in property value equal to or greater than the costs incurred. Commissioner Youngman stated the City has, indeed, contacted the County about use of impact fees and has been informed that Valley Center Road does not meet the criteria because it is not on their list of capital improvements. She agreed that the County should participate in the costs of these improvements; however, she noted any delay at this time jeopardizes the possibility of beginning construction this year. Commissioner Hietala suggested that a one-month delay to revise the resolutions to either expand the district to include the entire regional commercial area along North 19th Avenue and Valley Center Road and/or use impact fees would be a small price to pay. Commissioner Krauss noted the County has indicated it will not contribute toward the costs of Valley Center Road; and he cannot support the use of City impact fees to buy down the costs of that improvement for the property owners since that cost could potentially become a general obligation to the taxpayers of the community. He suggested, rather, the impetus should be on settling the impact fee lawsuit. He then indicated that he has no problem with a different assessment rate for each special improvement district; however, he does not believe the benefit to the property within SID No. 676 exceeds the costs. Commissioner Kirchhoff stated that, obviously these street improvements are fairly significant and costly; however, they are needed to facilitate continued development in the area. He noted that additional development cannot occur until the road is improved; and if there were no projects, the road would not need to be improved. As a result of staff's analysis and the reason that the improvements are needed, he finds the benefit from these improvements exceeds the cost of the improvements. Mayor Cetraro stated that he, too, finds that the benefits exceed the cost of the improvements. 04-19-04 - 20- It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission adopt Commission Resolution No. 3674, stating the City's intent to create SID No. 676, improvements to Valley Center Road between North 19th Avenue and North 27th Avenue, and setting the public hearing for May 10, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Hietala and Commissioner Krauss. Commission Resolution No. 3675 . ioint resolution with County Commission relatina to creation of Speciallmproyement District No. 677 Included in the Commissioners' packets was a copy of Commission Resolution No. 3675, entitled: COUNTY COMMISSION RESOLUTION NO. 04.037 CITY COMMISSION RESOLUTION NO. 3675 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 677. Project Engineer Sue Stodola noted that the boundary for this district includes most of the properties in both of the previous districts and includes a couple of county properties. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission adopt Commission Resolution No. 3675, a joint resolution with the County Commission relating to creation of Special Improvement District No. 677. 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. Commission Resolution No. 3676 . intent to create SID No. 677. improvements to traffic sianal at intersection of North 19th Avenue and Valley Center Road; set public hearina for May 3. 2004 Included in the Commissioners' packets was a copy of Commission Resolution No. 3676, entitled: COMMISSION RESOLUTION NO. 3676 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 677; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED 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 THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission adopt Commission Resolution No. 3676, stating the City's intent to create SID No. 677, improvements to traffic signalization at the intersection of North 19th Avenue and Valley Center Road, and setting the public hearing for May 10, 2004. 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. Commission Resolution No. 3677 . joint resolution with County Commission relatina to creation of Special Improvement District No. 678 Included in the Commissioners' packets was a copy of Commission Resolution No. 3677, entitled: 04-19-04 -----.----.-..-..--......., ,--.- -------- - 21 - COUNTY COMMISSION RESOLUTION NO. 04-038 CITY COMMISSION RESOLUTION NO. 3677 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 678. Project Engineer Sue Stodola noted that the boundary for this district includes those properties that will benefit from the installation of a traffic signal, and includes one county property. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3677, a joint resolution with the County Commission relating to creation of Special Improvement District No. 678. 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. Commission Resolution No. 3678 - intent to create SID No. 678. installation of traffic signal at intersection of North 19th Avenue and Cattail Street: set Dublic hearing for Mav 3.2004 Included in the Commissioners' packets was a copy of Commission Resolution No. 3678. entitled: COMMISSION RESOLUTION NO. 3678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 678; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED 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 THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Mr. Dave Crawford, Thomas, Dean and Hoskins, cautioned that if these special improvement districts are not created, developments along both Valley Center Road and North 19th Avenue will be under a moratorium. He encouraged the Commissioners to consider the value of land that cannot be developed versus the value of land that can be developed when making their determination on whether to proceed. Ms. Susan Swimley noted there have been no protests on these last districts because everyone agrees that they are receiving value for the assessment charged. City Engineer Rick Hixson reminded the Commissioners that when the motels now suing the City came forward with their development proposals, they were willing to complete the full road improvements at their own expense. He stressed that these special improvement districts have proposed to facilitate the sharing of costs and construction of improvements to the entire roadway rather than a piecemeal approach. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission adopt Commission Resolution No. 3678, stating the City's intent to create SID No. 678, installation of traffic signal improvements at the intersection of North 19th Avenue and Cattail Street, and setting the public hearing for May 10, 2004. 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. Authorize Actina City Manager to sign - Memorandum of Aareement on Downtown Parking Garaae between City of Bozeman and The Garaae at City Center (TGCC) Included in the Commissioners' packets was a copy of the Memorandum of Agreement on the Downtown Parking Garage, as prepared by City Attorney Paul Luwe. 04-19-04 - 22- Acting City Manager Ron Brey reminded the Commissioners that staff was directed to enter into negotiations on this and the next agenda item, and then distributed copies of a letter to him from Michael Delaney. He indicated that staff has subsequently met with bond counsel and, as a result of that meeting, has found several items need to be revised; and a copy of those revisions was distributed just prior to the meeting. City Attorney Luwe stated that Mr. Delaney's letter addresses items in one of the first drafts of the lease and agreement; and some of the questions raised have been addressed in subsequent drafts. He then suggested that the Commission authorize the Acting City Manager to execute these documents at the appropriate time, with changes deemed necessary and appropriate by him and the City Attorney. He noted that if the changes are substantive, the revised document will be brought back to the Commission for further consideration. Ms. Susan Swimley, attorney for Mr. Clotfelter, stated that as of 3:00 p.m. today, bond counsel's concerns pertaining to tax exempt status have been addressed but have not yet been reviewed by Mr. Clotfelter. She noted that the non-profit organization can acquire property and build the project without jeopardizing the tax exempt status. She then indicated that Mr. Clotfelter agrees with the concepts contained in this agreement although he has not seen this document and encouraged the Commissioners to authorize execution of the document. She noted most of the items in Mr. Delaney's letter have been addressed, with the exception of confirmation of free parking. She indicated Mr. Clotfelter is willing to provide two hours of free parking in the structure, with two to four hours of parking costing less than a parking ticket. Responding to Commissioner Krauss, Ms. Swimley stated The Garage at City Center exists for purposes of the Secretary of State and to ensure a non-profit organization for this project. City Attorney Luwe confirmed that the non-profit organization does exist, although he has not seen the articles of incorporation. He then indicated staff will ensure everything is in place before executing these documents. Responding to questions from Commissioner Krauss, Acting City Manager Brey indicated that if no federal monies are received, options for addressing those shortfalls will need to be implemented. Acting City Manager Brey then responded to issues raised by Mr. Delaney regarding parking for the Powder Horn. He noted that their existing off-street parking lot contains 40 spaces; and, under SID No. 565, they paid for 72 spaces. He indicated that under existing zoning requirements, the Powder Horn must provide 55 spaces, so even if they sell their parking lot for the parking structure, they will still have an excess of parking spaces. Responding to Commissioner Krauss, City Attorney Luwe indicated he is not sure how the Parking Commission will participate in the design of the parking garage; however, he noted the City Commission will make the final decision. Mr. Chris Pope, Chair of the Parking Commission, stressed that collaboration between the garage and parking district is very important, to ensure that parking in the downtown area works as a whole. He then noted that the Parking Commission and other City agencies will have individuals on the board of directors. Responding to Commissioner Hietala, City Attorney Luwe indicated the only City oversight under the current agreement is through representation on the board. Commissioner Krauss stated it is critical that the City have a substantial say in the operation of the parking structure. Mr. Chris Pope characterized this as a shared risk with other partners. He noted it is very important that the garage and parking district as a whole have an overall plan. Commissioner Hietala stated he would like to know the per stall costs, how many parking spaces are to be built, and what the $6.8 million is to cover; City Attorney Luwe indicated the contract covers a minimum of 400 stalls. 04-19-04 ..---.-.--------.. .-.. _..._..._u."...._....... - 23- Commissioner Krauss indicated he supports the agreement principle; his only issue is the entity with which the City is entering into the agreement. Mr. Dick Prugh, Prugh and Lenon Architects, asked who they will be working for when they enter into contracts for design, and how the design is to be filtered through the appropriate public review processes. City Attorney Luwe stated the TGCC is responsible for making sure the garage is designed and constructed; and that entity has agreed to comply with Montana law regarding bidding and contracts. He then indicated he will recommend the Acting City Manager not sign the agreement until the City is satisfied with the articles of incorporation for the TGCC. Mr. Prugh indicated his concern is that the architectural firms were interviewed in a public process, and the contract includes the architect responsibilities to the public and requires assurance those responsibilities will be met. He wants it to be very clear who the architect is working for, who is making the decisions and what type of public process is to be followed. He concluded by noting that, in short, he needs to know "who the boss is". Commissioner Krauss stated that it is imperative that the City is satisfied with the makeup of the entity, that the issue of partnership is adequately addressed and that the process is adequately identified. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize and direct the Acting City Manager to execute the Memorandum of Agreement on the Downtown Parking Garage at the appropriate time, with modifications as determined necessary and appropriate by the Acting City Manager and the City Attorney, and contingent upon signing of the Commercial Lease Agreement. 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. Commissioner Krauss noted this is at least the third unanimous vote on the parking structure, and voiced his hope that this serves to underline the Commission's commitment to the project. Authorize Actina City Manaaer to sign - Commercial Lease Agreement between City of Bozeman and The Garaae at City Center (TGCC) re parkina aaraae Included in the Commissioners' packets was a copy of the Commercial Lease Agreement regarding the parking garage, as prepared by City Attorney Luwe. Responding to Commissioner Hietala, City Attorney Luwe indicated the minimum rent under this agreement is to be $SOO. Ms. Susan Swimley stated that Mr. Clotfelter has agreed to the language in this proposed agreement. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Acting City Manager Brey be authorized to execute the Commercial Lease Agreement at the appropriate time, with any changes deemed necessary and appropriate by the Acting City Manager and City Attorney. 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. Discussion re possible disposal of Soroptimist Park Included in the Commissioners' packets were a memo from Grants Administrator/CTEP Coordinator Sara Folger, dated April 13, providing additional information and forwarding her memo dated August 1S, 2003; a letter from Tracy Cowdrey, dated AprilS, expressing interest in purchasing the property; memo from Superintendent of Facilities and Lands James Goehrung, dated April 1S, indicating he has received calls of interest from five separate individuals; and a letter from Rita Sand, 307 Donegal, voicing her strong concerns about even considering sale of the property. 04-19-04 - 24- It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that, due to the late hour, discussion and action on this item be tabled to the May 3 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter from the Northeast Neighborhood Association to the Gallatin County Commission, dated April 6, regarding the proposed amphitheater at the Gallatin County Fairgrounds. (2) Letter from Chandler Dayton and James Barnaby, 716 East Peach Street, dated April 11, asking that the Fairgrounds not be exempted from the provisions of the noise ordinance. (3) Letter from Elizabeth Centa, 623 North Willson Avenue, dated April 14, voicing opposition to the possible exemption of the Fairgrounds from the provisions of the noise ordinance. (4) Letter from Jack and Jane Jelinski, 433 North Tracy Avenue, dated April 14, voicing opposition to the possible exemption of the Fairgrounds from the provisions of the noise ordinance. (5) Letter from Susie and Dave Johnson, 410 West Arthur Street, asking that the City not allow the use of fireworks within the city limits. (6) Letter from Sue Martin, Livingston, Montana, dated April 8, asking that the Commission now approve the use of public funds to assist in the construction of a parking garage in the downtown. (7) Letter from the GalaVan Advisory Board and the Human Resource Development Council, District IX, dated April 5, asking for $5,000 in assistance from the City for Fiscal Year 2004-2005. (8) Copy of the flyer for Clean-Up Bozeman 2004, to be held on Saturday, April 24. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 20, at the Gallatin County Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 20, at the Professional Building. (11 ) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, April 20, in the Commission Room. (12) Acting City Manager Ron Brey submitted the following. (1) Stated one party has inquired about possible purchase of the Love Lane property, and may place consideration of that inquiry on an upcoming agenda. (2) Announced that he will be in Boise for the remainder of the week to attend a regional City Managers' meeting. He sought authorization to take a City vehicle on an extended return trip, and was granted that authorization. (13) Planning Director Epple announced that he will attend the national American Planning Conference in Washington, DC, next week. (14) City Attorney Luwe submitted the following. (1) Noted that a review of the Commission's current rules of procedure has revealed the process followed by the Commission earlier in the meeting was appropriate. (2) Announced he will be out of town next Monday, and Staff Attorney Patricia Day-Moore will be attending the Commission meeting. (15) Commissioner Youngman announced that she will be at next week's Commission meeting but will be out of town for the remainder of the week. She then suggested that the Commissioners schedule a discussion on the results of their initial screening of City Manager application on the agenda. 04-19-04 - 25- The Commissioners agreed to begin the April 26 Commission meeting at 4:00 p.m., with pizza to be ordered in due to the heavy agenda. (16) Responding to Mayor Cetraro, Acting City Manager Brey indicated staff has already begun to address the traffic concerns raised by residents along North Wallace Avenue. (17) Commissioner Kirchhoff noted that, in light of the continuing dry conditions, the City's watershed could encounter a high level of fire danger this year. He suggested those groups that have expertise in this area be asked to meet with the Commission and provide some professional advice on implementing proactive protection. Mr. Rick Ladzinski, Bozeman Watershed Council, noted that the report entitled "Sourdough Creek Watershed Assessment", dated April 2004, has just been completed and a copy has been given to Superintendent of Facilities and Lands James Goehrung. He stated the City contributed $14,000 toward the report, with the Bonneville Power Administration providing the remainder of the funding. He stressed the Council's main concern is that the City's watershed is ready to burn and, if that happens, the City will be faced with astronomical costs for filtering of that water supply and the costs of purchasing water from Hyalite Reservoir. Following a brief discussion, it was agreed that a presentation of this report should be scheduled for May 24, with all of the interested parties, including the Forest Service and the Department of State Lands, being invited to participate. Adiournment -12:20 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman and ayor Cetraro; those voting No, none. AN ATTEST: ~J..L~~, R BIN L. SULLlVA Clerk of the Commission 04-19-04