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HomeMy WebLinkAbout2004-04-12 Minutes, City Commission ~,~.:- --...".....-. ..-----.-- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 12, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 12, 2004, at 6:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Lee Hietala, Acting City Manager Ron Brey, City Attorney Paul Luwe, and Deputy Clerk of the Commission Karen DeLathower. Sianina of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Staff presentations re department budaet reauests for Fiscal Year 2004-2005: (1) Tom Adams. Wastewater Treatment Plant Superintendent; (2) John Alston. Water/Sewer Superintendent Wastewater Treatment Plant. Superintendent Adams gave a powerpoint presentation, providing an overview of the Wastewater Treatment Plant. The Wastewater Treatment Plant is an award-winning facility, being recognized both statewide and nationally for its handling of biosolids and disposal of residuals. Its mission is to preserve and enhance the water quality of the East Gallatin River. The Wastewater Treatment Plant was constructed in 1982 and was designed to handle a population of roughly 36,000 people. Superintendent Adams stated he believes the plant is considerably above that population loading at this time and estimates the population of those using this facility at this time to be around 45,000. The plant is staffed 24 hours per day, 7 days per week by 11 certified operators and three maintenance mechanics. Capital improvement projects and purchases carried over from FY 2004 include replacing a bar screen, purchasing a SCADA system (Supervisory Control And Data Acquisition), a PVC air grid, a fourth final clarifier, and making roof repairs at a total cost of $1 ,867,000. EPA funding will be used to cover 55 percent of those costs, with the remaining 45 percent being borne by the City. The EPA money must be spent before the end of the year, or it will be lost. New improvements and purchases for FY 2005 include construction of a new vehicle and equipment storage building, replacement of a tractor and mower, and replacement of an older vehicle. Superintendent Adams noted the City has begun a facilities planning effort this year and includes Wastewater Treatment Plant staff, engineers, planners, and consultants from both HDR, Inc., and Morrison & Maierle. The facilities plan should be completed by September, 2005. A significant increase is anticipated in the cost of electricity due to deregulation and the running of two turbine blowers more frequently than in the past. Responding to Commissioner Youngman, Superintendent Adams stated there are high capital costs to purchase equipment to make use of plant by-products but it is possible to make better use of the methane gas, and water pressure could be utilized to generate hydro-electric power. Those suggestions are worth considering, but it would be very expensive. Superintendent Adams pointed out that a recent plant loadings graph indicates there is not a tremendous increase in flow to the treatment plant, but rather rapid changes are being seen in loading parameters other than flow, such as the strength of wastewater. The implementation of the SCADA system may allow the reduction of staff, which would be accomplished through attrition. The goal will be to try to eliminate the night shift. Superintendent Adams said he anticipates that the State may be ordering the plant to reduce biological nutrients in its discharge, and the State revolving loan fund may help with funding if that reduction order is given. Acting City Manager Brey stated the City has been hindered in its past efforts to get funding from the Treasure State Endowment because those funds are usually given to communities that are experiencing some sort of crisis. Superintendent Adams closed his presentation by noting that ifthe population rate continues to grow as anticipated, the Wastewater Treatment Plant is going to require substantial expansion within a few years. 04-12-04 - 2 - Water/Sewer. Superintendent Alston gave a powerpoint presentation, which provided an overview of the Water and Sewer Division. This department is responsible for maintenance of water mains and sewer service to properties, with the exception of clearing tree roots. The Division has 18 full-time equivalent employees, who are on call 24 hours per day, 7 days per week. They respond to approximately 70 after-hour call-outs per year. The Meter Department switched to radio-transmission meter reading, which reduced manpower needs to one reader, taking two days to collect the data city wide. The installation of these new meters took two years and cost $1 million, but the City was able to save $1 million by doing the installation in house. Equipment requests include a new vac truck for sewer flushing. Every main is flushed once per year, which has resulted in a low sewer backup incident level. However, aggressive tree root growth is being seen in the clay lines in the older portions of the city. Also requested is a new backhoe and a fourth radio transmitter to be used at the Burrup Lift Station. Currently telephone transmission is being used at this station, and those telephone costs could be eliminated with a radio transmitter. The rebuilding of the large tapping machine, which gets extensive usage, is also requested; and that rebuild should provide another 30 years of service. Superintendent Alston noted that pre-treatment is becoming a real problem in Bozeman; and in the future, monitoring of that might require the addition of a full-time position. Inadequate grease traps and improper care and/or failure to regularly clean grease traps are a major problem, resulting in clogged lines. Water mains in the older, downtown portion of Bozeman need to be updated from 4-inch mains to 8-inch mains to provide adequate fire flow. Superintendent Alston pointed out that in 1994 there were 115 miles of water mains, 890 hydrants, and 95 miles of sewer mains, while in 2004 there were 165 miles of water mains, 1,664 fire hydrants, and 148 miles of sewer mains; and there is no end in sight to this expansion. Mayor Cetraro asked if grease produced by homeowners is also a problem. Superintendent Alston responded it is; and they are trying to educate the public that hot water does not dissolve grease, it only pushes it to the main. Notices were included in utility bills a couple of months ago, and a two-page letter was posted on the web site that gave particulars on household grease. The EPA is clamping down on grease and backup issues. Break - 6:55 to 7: 02pm Mayor Cetraro declared a break from 6: 55 pm to 7: 02 pm to give the Commission an opportunity to prepare for the formal meeting. Call to Order. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize Absence of Commissioner Kirchhoff from this meetina. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the absence of Commissioner Kirchhoff from this meeting be authorized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Minutes - March 31 and April 5. 2004 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the special meeting of March 31, 2004, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meeting of April 5, 2004 to a later date. 04-12-04 --... --.---.- - 3 - Consent Items Acting City Manager Brey presented to the Commission the following Consent Items: Commission Resolution No. 3672 - intent to create SID No. 675. improvements to North 19th Avenue from Baxter Lane to Valley Center Road: set public hearina for May 3. 2004 COMMISSION RESOLUTION NO. 3672 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 675; 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. Commission Resolution No. 3673 - ioint resolution with County Commission relatina to creation of Special Improvement District No. 676 COUNTY COMMISSION RESOLUTION NO. 04-036 CITY COMMISSION RESOLUTION NO. 3673 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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. Commission Resolution No. 3674 - intent to create SID No. 676. improvements to Valley Center Road from North 19th Avenue to iust west of North 27th Ayenue: set public hearina for May 3. 2004 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 T HEREOF A ND 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. Commission Resolution No. 3675 - ioint resolution with County Commission relatina to creation of Special Improvement District No. 677 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. Commission Resolution No. 3676 - intent to create SID No. 677. improvements to traffic signal at intersection of North 19th Avenue and Valley Center Road: set public hearina for May 3. 2004 04-12-04 . ...__.. ......_... ..._..___._____.u.._... ..._._......__._,,_.__.__ -4- 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 BYTHE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Commission Resolution No. 3677 ~ ioint resolution with County Commission relatina to creation of Special Improvement District No. 678 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. Commission Resolution No. 3678 ~ intent to create SID No. 678. installation of traffic sianal at intersection of North 19th Avenue and Cattail Street: set public hearina for May 3. 2004 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 T HEREOF A ND 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. Acknowledae receipt of staff report - annex :t36.00 acres described as a portion of Tract 1. COS No. 2050 ~ Sandan. LLC (for Cattail Creek Subdivision. Phase III) (A~04003) Commission Resolution No. 3679 ~ intent to annex :t36.00 acres described as a portion of Tract 1. COS No. 2050: set public hearina for Mav 10. 2004 CITY COMMISSION RESOLUTION NO. 3679 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Approval of reauest for one-year extension of preliminarv plat approval for Annie Subdivision. Phase III (alona north side of Durston Road at North 27th Avenue) Authorize Actina City Manaaer to sian - Acceptance of Public Street Easement - David M. MacDonald and Chervl A. MacDonald - 45-foot-wide easement across a portion of Tract 1 A. COS No. 1855A (for north side of West Babcock Street) 04-12-04 ---------- - 5 - Application for temporary Beer and Wine License. Emerson Cultural Center. Friday, April 9. 6:00 p.m. to midniaht ("Live at the Emerson") Authorize expenditure of $4.763.95 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period JulY 1. 2003 throuah December 31. 2003 Buildina Inspection Division report for March 2004 Claims Acting City Manager Brey noted Resolution 3428, March 5, 2001, adjusted the manner in which items can be removed from the Consent Agenda, which requires the Commission to make a motion and vote on line items individually, pass consent items en masse with or without modifications, or exclude the consent items that are to be removed. There are people in attendance this evening who want to discuss Consent Items 6a through 6g. The public hearing on these items is scheduled for May 3rd; this evening is approval of the resolutions of intent to create the special improvement districts (SID). The issues surrounding the creation of these districts are so complicated, the Commission will need more information to move ahead. Therefore, t he Acting City Manager suggested the Commission approve a motion to move Consent Items 6a through 6g to line items on next week's agenda and set the public hearing for May 10th. Don Cape, Jr., Cape France Enterprises, stated he wanted to point out an issue that was discovered relative to the manner in which SIOs have been approached up to this date. State law isn't prescriptive; once the resolution is passed, there is a 15-day window that property owners have to protest either the boundaries or the scope of the work. That 15-day window doesn't allow the property owners an adequate opportunity to research these SIDs. Although they have signed a waiver, the landowners will protest the SIOs based on the scope of work or the boundaries; and if 50 percent or more of the landowners protest within that 15-day window, the SIDs will be dead for six months. The landowners interest isn't to defeat the SIOs; they support the use of SIDs for improvements, but they are of the strong opinion that the boundaries of these SIDs need to be increased and/or the scope of work needs to be decreased. It was moved by Commissioner Hietala. seconded by Commissioner Krauss, to remove Consent Items 6a through 69 from this agenda and to have those items brought forward as line items on the April 19th agenda, with the public hearing to be held on May 10th. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, to approve Consent Items 6i through 60, to authorize and direct the appropriate persons to complete the necessary actions, and to approve Consent Item 6h with a condition that is to be included in the annexation agreement that states annexation is contingent upon an agreement that includes the extension of any contiguous parks, open spaces, and/or trails to the annexed property. Public comment Walker Smith, 211 North Church Avenue, called attention to the fact that the gardens at Westlake Park are threatened. Through a meeting held on March 23rd with Superintendent of Facilities and Lands Goehrung, the gardens were saved for this year's planting season. Mr. Smith said he is confused that the Commission voted in 1992 to eliminate the gardens at Westlake Park, in 2002 he was told the gardens at Westlake Park were being eliminated, but now he's being told the Commission voted to move the gardens. It has been made clear to him that this needs to come before the Commission to determine if the City is going to continue community gardening in this way. Mr. Smith said the community gardens benefit the community in a positive way because it adds diversity to the use of public places. The Westlake Park and Langhor Park gardeners have organized and have chosen coordinators. Mr. Smith added he is the Westlake Park coordinator. 04-12-04 .......-...-...---------. - 6- Mary VantHull, 416 East Story Street, noted she is a member of the Recreation and Parks Advisory Board; and she does extra things all the time, including putting in hundreds of hours on Condition 21 and Burke Park. She went to Kate Gardner's house to confer with her on issues concerning Condition 21, and she needed to get those answers right away. Even though she only expected to be in the house a few minutes, several other issues came up; and she got a ticket for parking in the residential parking district. She appealed that ticket and learned that, quite frankly, you cannot get an appeal approved unless you drop dead while visiting in the residential parking district. She puts in 20 to 30 hours per week on volunteer work for the city, which is as much as she put in when she was a City Commissioner, and uses her own money. Ms. VantHull suggested that, as a small recognition for volunteers who serve on the City's boards, when they do have subcommittee meetings, the City change its rules and regulations to allow parking in the residential parking districts so the volunteers don't have to die to get their appeals approved. This would be a good policy to adopt to recruit future volunteers. Swearina in of three new firefiahters Mayor Cetraro swore in the three new firefighters; Joe Kitowski, Cody Mummey, and Paul Kimball. Presentation re budaet for City/County Board of Health for Fiscal Year 2004-2005 - Health Officer Stephanie Nelson Included in the Commissioners' packets was information regarding the vision, mission, and goals of the City-County Health Department, along with an update on programs and activities of the department and projections for the upcoming fiscal year. Health Officer Nelson presented an overview of the activities of the Health Department over the past few years, and where they are headed in the next few years. The mission of the Health Department is to protect and promote the health of county citizens and the environment through the efforts of dedicated and skilled employees and application of sound public health principles. The Health Department has been very successful with regard to prevention of epidemics and the spread of diseases, which were her highest priorities when she came on as the Health Officer. When she began as Health Officer, there was a part- time nurse; now there is an epidemic team consisting of nurses and environmental health professionals. Goals for FY2005 include developing a system to track public health data and enhancing surveillance to include 911 data and emergency room data. Health Officer Nelson said she is proud of the improvements made in response to disaster and public health threats, noting they have formalized an agreement with county and local partners. She is also proud of the health services safety net in the community; the Gallatin Community Clinic. The Clinic also offers dental services now, and in the near future they hope to improve mental health services in the community. Health Officer Nelson noted that over the past two years the Health Department has taken a much more active role in reviewing public water systems, and now they are moving into inspection of pUblic wastewater systems. The Health Department is now placing more emphasis on educating food handlers, which is a real challenge. A very real concern that the Board of Health will be addressing in the next couple of years is the issue of infill development surrounding neighborhoods that are on individual wastewater systems, which will fail. The Board has to address those failing systems and determine how to address them through policy. The County has just hired a County Code Compliance Specialist, who will serve as an interface between the Health Department and the County Attorney's office. The Health Officer noted two consumer surveys were conducted in 2000 and 2003, and they implement changes to their programs based on responses to those surveys. One of those changes is implementation of an electronic record management system, and they are moving forward on a strategic plan toward that goal. Commissioner Krauss mentioned that one of the things he heard when campaigning is that it is hard to find out how to take advantage of the health services safety net. Health Officer Nelson responded that the number one reason people don't use those services is that they don't know about them. One of the priorities is the addition of a pUblic health promotion specialist, who will communicate to the public the services that are available. 04-12-04 ....._n....__._ .. .._...__...__._.__u __..__________.....____. _. m_. - 7 - Commissioner Krauss inquired as to how much time the Health Department is spending on the West Nile virus. Health Officer Nelson responded none right now; but they are preparing a West Nile campaign, including posters, pamphlets, and a media campaign. A lot of what the Health Department did last summer regarding West Nile virus is now being done by the State Department of Health. The Health Department does work in partnership with the Department of Fish and Wildlife and veterinary services to track occurrences. It is expected there will be a large and early increase in the number of cases of West Nile virus this year. Commissioner Krauss asked if there were any chance that large employers could have a checkoff system to have money deducted from paychecks, on a voluntary basis, to support the health services safety net. Health Officer Nelson stated that would be a very good idea. She believes United Way was one of the partners that went forward to do a community needs assessment and was instrumental in helping the Gallatin Community Clinic to be successful. United Way and Bozeman Deaconess Hospital have been supportive of the community's dental needs, and there is a fledgling group to help with referrals for acute care. The Health Department expects to have a federally funded grant within the next few years for dental services. Reauest for funding for scav/neuter clinic. Phase II - Ellen Kina-Rodaers. Scav/Neuter Task Force Included in the Commissioners' packets was a copy of the written request from Ellen King-Rodgers, Spay/Neuter Task Force, for funding assistance for the upcoming Spay/Neuter Clinic, Phase II. Ms. Ellen King-Rodgers reviewed the Spay/Neuter Task Force proposal for financial support for a Phase II spay/neuter clinic. She noted that in October, 2002 Bozeman held a spay/neuter event during Pet Care Week, and in five days 1,167 animals were spayed and neutered for free. Five "A Team" and nine local veterinarians, 14 nurses, 14 veterinary technicians, 250 volunteers, Bozeman Deaconess Hospital, Same Day Surgery, and 52 restaurants all took part in that event. Phase II means the local community takes over the financial expenses, which breaks down to approximately $20 per animal. The Phase II event is scheduled for November 12, 13, and 14, with the 12th being a set-up day. One year after the initial event in Bozeman there was a 13 percent drop in animal intakes at the Humane Society, a 21 percent drop in the number of animals picked up by Animal Control, and an 8 percent increase in pet adoptions. The Galloping Dog Agility Club has raised $267 from its fundraiser, the County Commission has donated $1,000 and use of the fairgrounds, the Community Co-op is holding a Four Percent Day, and a private donor has pledged $2,000. The Task Force is asking the City of Bozeman to commit to a $2,000 donation for Phase II. Commissioner Youngman asked why the Task Force is requesting twice as much from the City of Bozeman as from Gallatin County. Ms. King-Rodgers stated because the County is donating the fairgrounds, and because last year the Humane Society took in 418 strays from the city and only 250 from the county. Acting City Manager Brey stated that this event is scheduled for November; so if the Commission should decide to act favorably, they should direct the Clerk of the Commission to include that amount in next year's bUdget. The source of funding would be the general fund. Commissioner Krauss noted he also pays county taxes, so he has already made a donation through the county. He also helps support the fairgrounds, as well; and that is double-dipping for the citizens of the City of Bozeman. He suggested adding this request to all the other requests received, comparing those requests, and weighing them before handing money out ad hoc. Ms. King-Rodgers said she respects what Commissioner Krauss is saying, but the veterinarians need to be booked now. Commissioner Youngman stated she would normally agree with Commissioner Krauss; but the fact that the veterinarians need to be booked now needs to be taken into account, as well as the positive impact on animal control in the community and the reduced expenses for that division. Mayor Cetraro expressed his agreement with Commissioner Krauss that the budget process and the granting of requests needs further discussion. Commissioner Krauss asked if any costs were going to be incurred between now and June 30th. Ms. King-Rodgers replied they are asking for a commitment now, but no costs will be incurred unless equipment 04-12-04 ..- . ...---------- ..---------------.. - ,,------- - --.- --. - 8- needs repair. Commissioner Krauss then suggested awarding $1,000 now and consider awarding another $1,000 at a later time. He noted his preference is to set aside a pre-determined amount of money for grant requests, rate the requests, and award the money accordingly. Ms. King-Rodgers noted when these spay/neuter clinics are offered and the number of unwanted animals decreases, it gives the animal control officers time to address the puppy mills, abuse/neglect reports, and take care of other issues, such as education, rather than overpopulation problems. The public, particularly young people, needs to be educated on responsible, caring pet ownership. Commissioner Youngman stated that, as a point of clarification, the Commission gets practically no requests from the community for money; and this request directly relates to a city service; animal control. She is concerned if the Commission doesn't commit to something now, the Task Force won't have enough funds to book the veterinarians. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the City commit to a $2,000 donation to the Spay/Neuter Task Force in support of the Phase II spay/neuter clinic, and that staff be directed to include the $2,000 in the FY 2005 budget. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. UDdate re library - Library Board of Trustees member Library Board of Trustees member Jerry Bancroft, chair of the Building Committee, presented an update on the library, saying bids for the new library will be opened on April 27th; and they would like to come back to the Commission in mid-May with a total financing package to see what kind of partnership they can work out with the City. The new library will be a beautiful building that is unique, functional, and efficient; and the city benefits from having the contaminated site cleaned up. The Board hopes to be able to break ground for the new library sometime this spring. Commissioner Hietala asked about the projected costs. Mr. Bancroft responded the last estimate of costs was over $9 million. The Board is hoping the bids come back lower than that, but it is a difficult bidding climate because of escalating prices. Public hearina - Conditional Use Permit for Planned Unit DeveloDment - modifications to Dreviously aDDroved Gallatin Center PUD. to increase the number of allowable entrvway Dylon sians (alona west side of North 19th Avenue between Baxter Lane and Valley Center Road) (Z-04033) This was the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development, as requested by Gallatin Center, LP, under Application No. 2-04033, for modifications to the previously-approved Gallatin Center Planned Unit Development, to increase the number of allowable entryway pylon signs. The subject development is located along the west side of North 19th Avenue between Baxter Lane and Valley Center Road. Mayor Cetraro opened the public hearing. Contract Planner Windemaker presented the staff report, noting one interchange pylon sign and two entryway pylon signs were originally approved. They are now requesting an additional entryway pylon sign, but the recommendation is for two additional entryway signs rather than request another modification at a later date. Staff has reviewed this application i n light 0 f the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Both the Design Review Board and the Development Review Committee recommend conditional approval; six conditions plus the two standard conditional use permit conditions. The applicants' reasoning for requesting additional signage is because they originally anticipated having large anchor tenants rather than smaller retailers, which requires more signage. Chris Budeski, Allied Engineering, stated the applicants are requesting the additional signage because of changes in the type and size of businesses in Gallatin Center, and they want to assure safe entry into Gallatin Center from North 19th Avenue since traffic is heavy and speeds are high. They are proposing an additional sign at the intersection of North 19th Avenue and Cattail Street since the designation for Cattail 04-12-04 - 9- Street has been changed from a local street to a collector. This sign will be located within the lO-foot setback, so it will not be right on the roadway. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss asked if there is any reason to limit a single tenant to only one entryway pylon sign. He prefers to eliminate condition five. Planner Windemaker responded that condition was included because of the number of tenants and the available sign space. Acting City Manager Brey stated the Commission can consider eliminating that condition as long as it isn't a restatement of a code requirement. Commissioner Youngman said she will not approve this request if condition five is eliminated because it was staff's recommendation. If the sign is on the pylon closest to the store entrance, it will direct traffic more effectively and safely than if the store is advertised in several locations. She feels this is a reasonable condition that relates to traffic safety. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit for Planned Unit Development, as requested by Gallatin Center, LP, under Application No. Z-04033, for modifications to the previously approved Gallatin Center Planned Unit Development, to increase the number of allowable entryway pylon signs, be approved subject to the following conditions: 1. The entryway pylon signs to be installed shall be identical to the existing entryway signs in style, design, materials, and height. 2. Four (4) square feet of landscaping for every one (1) square foot of signage shall be installed at the base (i.e. 360 square feet) that demonstrates a variety of season color, shape, and texture; and the landscaped base shall be defined by an appropriately designed concrete curb. The applicant shall provide a landscape plan for review and approval by Administrative Design Review (ADR) staff. 3. The applicant shall verify on the elevations for the pylon sign that any internally illuminated cabinets constructed with said pylon sign will contain a subtle color for a backdrop with any illumination output proposed installed as a soft, low intensity illumination, for review and approval by ADR staff. 4. The applicant shall provide with this application a master plan for entryway signage along the entire North 19th Avenue frontage for Gallatin Center Subdivision PUD, situated between Interstate 90 and Baxter Lane, depicting the placement of all existing and future pylon signs for review and approval by the Planning Office; and no further proposals for additional pylon signs that are not depicted on the master plan will be considered. 5. The PUD shall be limited to a maximum of four entryway pylon signs along the entire North 19th Avenue frontage. 6. That 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 pursuant to Section 18.34.1 00.C.1 of the Bozeman Unified Development Ordinance. 7. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors, or assigns, shall be binding upon the owner of the land, his successors or 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 pursuant to Section 18.34.1 00.C.2 of the Bozeman Unified Development Ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Youngman. 04-12-04 . _____n _..__.___...._.._ - 10- Public hearina - preliminary plat for Courtvard Townhomes minor subdivision - allow subdivision of 0.413 acres described as Tract D-1A (the north 48 feet of Lots 1-6) and Tract D-1B (the south 92 feet of Lots 1-3. and the south 92 feet of the east 10 feet of Lot 4). Block D. Plat B-40-B. Beall's Second Addition Amended. into five residential lots and one common area - Rockv Mountain Enaineers for Paul Violich Trust and Vosti 1988 Trust (northwest corner of North Black Avenue and East Beall Street) (P-03030A) This was the time and place set for the public hearing on the preliminary plat for Courtyard Townhomes minor subdivision, as requested by Rocky Mountain Engineers for Paul Violich Trust and Vosti 1988 Trust under Application No. P-03030A, to allow subdivision of 0.413 acres described as Tract D-1A and Tract D-1 B, Block D, Plat B-40-B, Beall's Second Addition Amended, into five residential lots and one common area. The subject property is located at the northwest corner of the intersection of North Black Avenue and East Beall Street. Mayor Cetraro opened the public hearing. Assistant Planner Kozub presented the staff report, noting the area is currently a gravel parking and car storage area. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. The Planning Board does have a concern with condition eight, easement for the drive aisle; and Project Engineer Murray has written a letter addressing those concerns. The applicants had previously submitted a seven-lot application but asked to have the hearing continued to allow them time to scale back to five lots and one common area, which eliminates any variances. Access to the rear garages and parking will be provided by a drive aisle off of East Beall Street that connects to the alley between North Black Avenue and North Tracy Avenue. This will require that this alley be paved. The Unified Development Ordinance does not require parkland dedication for minor subdivisions. Open space will be provided in the rear patios and front yard. The Planning Office received eleven letters, from eight persons, in opposition to the original project for seven townhouses. Planning Staff has received two letters regarding this project. Ray Center, Rocky Mountain Engineers, stated the developers are in agreement with all the conditions, except number eight. They prefer the access easement be stated as an access easement, rather than a public access easement. As an access easement, the unit owners would still have access through the common area; but if it is a public access easement, the homeowners have to rely on the Police Department to rectify any problems. People can park in a public right-of-way for 48 hours, and the police cannot do anything about it. The applicant doesn't want to delay this project, so he will accept condition eight if it will hold up the project; but he does prefer it to be an access easement only. Commissioner Youngman said she is confused by the applicant's reasoning on condition eight, noting no one can park in the middle of a drive aisle for 48 hours. The easement is just for a drive aisle, and it has been done for years on similar projects. City Attorney Luwe stated the police will cite persons who park in the middle of a drive aisle unless there is an emergency need to get into that area; and in that case, the car would be towed. There is no city code that allows parking in the drive aisle for 48 hours. Mr. Center stated it was passed on to him that parking is allowed in the public right-of-way for 48 hours before the vehicle must be moved. City Attorney Luwe replied that he is not sure who told Mr. Center that, but it may be related to parking time allowed before the vehicle must be moved. Mr. Center responded the applicant is concerned with burdening city services with calls to move vehicles; they would prefer to allow the homeowners to solve these problems without getting the police involved, which is the reason for their request. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Youngman noted a number of significant suggestions made by the neighbors have been incorporated into the design of this project, including more buffer, a change of roof line, and change of materials to better blend with the character of the neighborhood. She aCknowledged that this applicant has worked well with staff and made constructive changes to this proposal. Commissioner Hietala questioned the 15-foot setback in front of these units. Assistant Planner 04-12-04 ---..-- .. -........-...-.--..- - 11 - Kozub stated there is a smaller setback because this is a smaller street; and given neighborhood compatibility, 15 feet seems like a reasonable setback that will accommodate utilities. Commissioner Hietala then questioned the requirement for a detention pond, since there is a storm sewer in the area that should be sufficient for stormwater drainage. Assistant Planner Kozub stated the reason for the pond is because the amount of impervious surface is being increased. Commissioner Hietala responded he feels that without the detention pond, better design features could have been included. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat for Courtyard Townhomes minor subdivision, as requested by Rocky Mountain Engineers for Paul Violich Trust and Vosti 1988 Trust under Application No. P-03030A, to allow subdivision of 0.413 acres described as Tract 0-1A and Tract 0-1 B, Block 0, Plat 8-40-B, Beall's Second Addition Amended, into five residential lots and one common area, be approved subject to the following conditions: 1. The subdivider shall provide a reciprocal/shared parking agreement for the common parking area. Once the document has been approved by the City, the property owner shall file the document with the County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final plat submittal. 2. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum-sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways, and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 3. All infrastructure improvements including 1) water and sewer services, 2) alley improvements, and 3) storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. 4. No building permits shall be issued prior to substantial completion, and City acceptance, of the required infrastructure improvements. 5. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 6. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section, and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 7. The developer shall make arrangements with the City Engineer's office to provide 04-12-04 --------.-....-...-..-.- -----...-"... - 12 - addresses for all individual lots in the subdivision prior to filing of the final plat. 8. The easement for the drive aisle that provides common access for the lots shall be a public access easement. 9. Any cracked or broken portions of sidewalk along either of the street frontages shall be replaced. 10. The pavement thickness in the alley shall be 3 inches minimum. 11. The applicant shall install "No Parking" signs and paint the curb yellow for a distance of 20 feet from the crosswalk in both directions at the intersection of North Black Avenue and East Beall Street. The motion carried by the following Aye and No vote: those voting Aye being 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 ) Invitation from Gallatin Development Corporation to attend the tour of Big Look Displays and Graphics at 705 Osterman Drive. (2) Agenda for the School District No. 7 Board of Trustees meeting to be held at 7:00 pm on Monday, April 12, at the Willson School. (3) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, April 13, at the Courthouse. (4) Agenda for the County Planning Board meeting to be held at 6:30 pm on Tuesday, April 13, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, April 13, at the Professional Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, April 13, at the Professional Building. (7) Minutes from the Community Affordable Housing Advisory Board meeting held on February 11, 2004. (8) Letter from Jill Abbott Stoltzfus expressing her concerns regarding the Gallatin County Fairgrounds' request to be exempt from the City Noise Ordinance. (9) Copy of ad announcing the spring cleaning of streets and alleys to begin. (10) Copy of ad announcing the start of the annual compost collection program, beginning on May 10, 2004. (11 ) Copy of City Commission Meeting List; April 9, 2004 update. (12) Copy of letter from Greater Yellowstone Coalition announcing their drawing to be held at their annual meeting on June 12, 2004. During his FYI, A cting City Manager Brey noted the following: 1) The Commission previously received copies of a petition from Mr. Delaney requesting the two parking lots at the corners of West Mendenhall Street and North Willson Avenue not be included in the performing arts center project. Commissioner Krauss said he would like to have the parking garage proposal settled before discussion takes place on anything else. 2) Previously distributed to the Commission was a copy of a letter from Mr. 04-12-04 - 13 - Delaney offering to purchase Soroptimist Park. There are both written and verbal offers to purchase the property, as well as an offer to swap properties. Commissioner Hietala stated he believes that as long as there is no building on the property, there is always potential; and he would like to move forward with the improvements approved by the Commission. Mayor Cetraro voiced his preference to move forward with selling that parcel and said he believes Commissioner Kirchhoff feels the same. Commissioner Krauss said it is best for the city if that property has a nice building that is compatible with its surroundings. He would like to sell this property and use the proceeds to develop the idea of a public square in front of the library and name it Soroptimist Square. Commissioner Krauss said his experience and feedback is that people do not want to walk through this park in the middle of the day. Commissioner Youngman stated she has been hearing from people who picnic in the park; more people than she ever thought did. She would be happy to consider the idea, but it needs to be a careful process that involves the Downtown Bozeman Partnership, the downtown business owners, and the community. There is nothing else in the center of downtown that works as a public square. Both Commissioner Hietala and Commissioner Krauss asked for an appraisal of the property. Responding to Commissioner Krauss, Acting City Manager Brey stated this property was never dedicated to the city as parkland, and it was not acquired through use of parkland trust funds. A majority of the Commissioners agreed to bring this item back as an agenda item for discussion. 3) The Commission heard a request that the City provide a parking waiver for city committee members who are required to park in the residential parking districts to attend meetings and an avenue to a successful appeal if cited. This has not been an issue before now, and there are two avenues to remedy that; a special gathering permit or individual visitor passes. City Attorney Luwe added there is adequate signage in the parking districts, and gathering permits are available at no cost to the homeowners. City Attorney Luwe offered the fOllowing FYI item: 1) He distributed an advance copy of the fireworks ordinance that will be on next week's agenda. A cover memo will be in the Commission packets. Commissioner Youngman noted the following during her FYI: 1) She requested input on possible topics to be discussed with the County Commissioners during their breakfast meeting on Thursday. 2) She attended a neighborhood meeting regarding the Fair Board's proposal to construct an amphitheater at the fairgrounds. A neighborhood sub-committee was formed to work with the Fair Board on this issue. 3) She suggested it might be motivating to have a deadline for completion of screening applicants. Mayor Cetraro suggested a 2-week deadline. For his FYI, Commissioner Krauss noted the following: 1) He participated in the first meeting of the Board of Directors of the Montana Public Power Authority, and there will be another meeting on Thursday afternoon in Helena. That discussion will involve assembling a management team and what form the entity will take. Four cities have agreed to join at this point, and things are moving ahead quickly. 2) He has concerns about the construction activity along the Sourdough Trail and the construction debris that gets carried into the ditch. He is considering writing a letter to SWMBIA asking for ideas for self-policing of construction debris strewn along Sourdough Creek. 3) A friend of his, Tyrel Todd, won the national high school wrestling championship, and he asked if the Commission could recognize that accomplishment. The Commission agreed to direct staff to prepare a proclamation to acknowledge Mr. Todd's accomplishment. Commissioner Hietala offered the following FYI item: 1) The landfill closes at 3:00 pm on Saturday, which seems too early since that's when most of the public takes garbage to the landfill. Mayor Cetraro suggested opening later, such as 9 or 10 am and closing later in the day. During his FYI, Mayor Cetraro asked for an update on replacing Commission and staff chairs. Adjournment - 9:03 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 04-12-04 - 14 - ATTEST: rl~ J~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~~ Ma-:tL-'~-0 KA EN L. DeLA THOWER Deputy Clerk of the Commission 04-12-04