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HomeMy WebLinkAbout2004-03-22 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 22, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 22, 2004, at 6:00 pm. Present were Mayor Andrew Cetraro, 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 Deputy Clerk of the Commission Karen Delathower. Commissioner Jeff Krauss was absent. Signing of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Staff presentations re deDartment budget reauests for Fiscal Year 2004-2005: (1) Parks. Forestry. Cemetery and Facilities. SUDerintendent of Facilities and Lands James Goehrung Included in the Commissioners' packets were memos forwarding budget highlights for each of these divisions. Director of Public Service Arkell distributed a memo listing the projects Superintendent of Facilities and lands Goehrung is involved with. Since budget preparations for 2000, and every year since, an Assistant Superintendent of Facilities and Lands position has been requested to assist the current superintendent with his duties. One full-time worker has been hired to do general handyman duties, which has reduced contract labor costs, but hasn't provided the Superintendent with general assistance. The City's facilities projects continue to grow, and Superintendent Goehrung spends a majority of his time working on these projects. There are not enough hours in a day to work on all the facilities and lands projects, as well as supervise the parks, cemetery, and forestry projects and personnel. Therefore, Director of Public Service Arkell has temporarily assigned the Parks Division to her supervision, and the Parks Division foreman has temporarily become the Parks Division Manager. Once again, the Director of Public Service said, she is requesting an additional superintendent to handle the Lands Division, with Superintendent Goehrung remaining superintendent of the Facilities Division. Ten percent of the salary for the new superintendent would come from the Forestry Division budget, and the rest will come from the general fund. Director Arkell noted she needs to hear from the Commission as soon as possible if they are supportive of this additional hire. Parks Division. Superintendent Goehrung noted the Parks Division continues to experience growth, and with that growth, more responsibilities. The Parks Division is responsible for just under 500 acres of park land and over six miles of sidewalks. Areas of responsibility include turf maintenance, trail maintenance and construction, park irrigation systems, mowing, weed control, trash removal from parks, restroom maintenance, playground equipment inspections and repairs, maintenance of three ice rinks, and snow removal from public sidewalks. The main problem is the old park irrigation systems. These old systems are trying to be addressed to aid with water conservation, which includes putting some irrigation systems onto well systems. Current funding equates to an average of $1,703 per acre of park land, while national recommendations for park land expenditures are $2,500 per acre. To compensate for the low levels of park land funding and the high level of expectations the public has regarding the condition of the parks, there are two main strategies that have been adopted. The cost of designing, developing, and maintaining park land is placed on the developer and/or homeowners' association, which has more of a sense of ownership. However, that often makes others more hesitant to use the parks when homeowners are responsible for its upkeep. Second, the City has a very good working relationship with a number of neighborhood groups, sports groups, service clubs, and other recreational groups who have put millions of dollars into parks throughout the community. In the past four to five years, any new park development has been heavily leveraged with money and donations from groups making application for Park Land Improvement monies. This year requests for Park Land Improvement monies totaled $421,000, with $150,000 being available. Therefore, he is requesting an increase in funding for this program to $300,000. 03-22-04 - --..-..----....-.--...- ----- - 2 - Superintendent Goehrung then reviewed the list of projects for the upcoming year. The sports complexes are being mowed twice a week, with most other parks being mowed once a week, when possible. Weed control efforts will be increased this year, particularly for noxious weeds; and the Parks Division will add a "report a noxious weed" hotline, similar to the "report a pothole" program used by the Street Department. They plan to use GPS technology to monitor how effective weed control has been to make better use of chemicals and treatment practices. Superintendent Goehrung stated the Parks Division is trying to address the number of irresponsible dog users in the parks by asking for money to install additional dog stations and dog scoop bags. Money is also requested to replace playground equipment at Beall Park, make improvements to the softball complex upper parking lot, additional maintenance of the Adam Bronken Sports Fields, North Meadows irrigation system, well, and related electrical costs, out-of-state travel for two people to attend training and testing for the national playground certification training, repair or replacement of the laminated beams for Bogert pavilion, and the Parks Division share of a new copy machine at the Shop Complex. Superintendent Goehrung stated he is requesting impact fee money for restroom construction at Westlake Park and Adam Bronken Sports Fields, which will be constructed with a high percentage of sports group participation. A high priority for this year is updating the Parks, Open Space, and Trails master plan, which will need to be a contracted service. Capital Improvements Program (CIP) projects for this year include the purchase of two pickup trucks and the replacement of the sidewalk plowing vehicle. Superintendent Goehrung ended this portion of his presentation by restating his belief parks should be funded through some sort of Park Maintenance District. A recent survey conducted by the FOR Parks group indicated there is support for such a program, and it would be a useful way to fund parks and park activities in the community. Commissioner Kirchhoff inquired about additional sidewalk snow removal responsibilities and asked if any improvements are planned for Kirk Park. Superintendent Goehrung responded staff is planning to install netting along the ball field third baseline to control pop-ups and foul balls. Also planned for Kirk Park are additional trail connections and a donors' wall for the skate park. Forestry Division. Superintendent Goehrung distributed the Summer, 2004 tree trimming schedule, noting they try to cycle trimming activities throughout the community every seven or eight years. The Forestry Division is responsible for all trees on public lands, parks, medians, boulevards, and the cemetery. There are over 7,000 trees, valued at $20 million, in the urban forest. All three full-time employees are certified arborists. Areas of responsibility for the Forestry Division include regular t rimming of trees, maintaining the tree inventory, issuing planting permits for trees on public lands, overseeing the Cost Share Program for new trees, responding to downed trees and storm damage, clearing sight distance encroachments and sign clearances, Arbor Day ceremonies, public information and education programs, and the recycling program for Christmas trees. The Tree Cost Share Program brochure has just come out, and that program will open on the 29th of March. This is a very successful program for the city. Two items are included in the CIP budget for this year; purchase of a new pickup truck and purchase of a brush chipper. In order to improve discussions regarding tree maintenance fees, areas that are scheduled for trimming will be publicized and notices will be left with residents when trees in their neighborhoods are trimmed. Also, maps will be maintained showing areas where trees were trimmed and what services were provided. Responding to Commissioner Kirchhoff, Superintendent of Facilities and Lands Goehrung stated there are 75 cost share trees planted each year, which takes up crew's time from mid-April until the end of May; thereby reducing the tree trimming activity. That program is being expanded a bit, with 80 trees budgeted for purchase this year. Responding to Commissioner Youngman, the Superintendent stated it is difficult to get back to the trees behind the New Hyalite View subdivision with an aerial truck; but he will look into getting those trees on the trimming list for this year. However, the trees seem to be in pretty good shape. Cemetery Division. Superintendent Goehrung noted the Cemetery Division is responsible for the operation and maintenance of the Sunset Hills Cemetery, maintenance of the Highland Boulevard bike path in the winter, and upkeep assistance for the Story Mansion. Sunset Hills Cemetery is one of only three municipally-run cemeteries in the state. The main cemetery project for spring is getting ready for the Memorial Day holiday. Budget requests for this year include electrical service and landscaping around the new dry dirt storage building, the Cemetery's share of the new copier at the City Shop complex, cut and fill work needed to level the next area of cemetery development, and relocation of the mower storage building that was found to be encroaching onto the adjoining property. Due to the findings of a recent survey of an adjoining residential property, survey work needs to be done to better determine actual property lines. CIP 03-22-04 - ------ ------- - ------------------------- -------- .n ._...____._..._.__..____._..._...___. m ......_..__._.... ___ n._.._. ..._._...._...._.____.___.....__.. ---.-..--. - 3 - projects for this year include mower replacement, replacement of a truck with a cab and chassis and dump bed package, and construction of a new entrance. Because design work is continuing on the new cemetery entrance and the cemetery master plan, Superintendent Goehrung asked that the CIP money allocated for this project be carried over until next year. Facilities. Superintendent Goehrung noted the responsibilities of the Facilities Maintenance Division include the care and maintenance of city-owned buildings and public lands, including City Hall, the Professional Building, Library, Shop Complex, City Hall Annex, Bozeman Senior Center, and the Story Mansion. Energy efficiency and employee comfort are the two main components of facilities planning. Roofs are a high priority for the upcoming year, and the City Hall Annex and Shop Complex roofs are two that need to be replaced this year. The roof near the entrance of the Senior Center has ice damming problems and needs to be repaired and air conditioning the dining room at the Senior Center is also a priority. The dining room is the only area that is not air conditioned, and it would provide shelter for those unable to remain in their homes during the hottest summer days. Superintendent of Facilities and Lands Goehrung stated a long-term facilities plan needs to be developed to increase the efficient use of City monies. Acting City Manager Brey noted there is a need for an additional superintendent and has been for quite some time. There are lots of facilities projects looming in the future, and there needs to be someone working facilities planning and management full time. Superintendent Goehrung would take over the Facilities Maintenance Division, and the new individual would take over the Lands Division. In next year's budget, there is money allocated for development of a facilities plan. Commissioner Hietala asked if there are any plans for more in-house capabilities for construction projects. Superintendent Goehrung answered a couple of projects have been done in house and the benefits are substantial. However, once the commitment is made to hire a construction person, that person would need to be kept busy throughout the year. There are some things that would still need to be contracted out. Break. 6:59 to 7:07 p.m. Mayor Cetraro declared a break from 6:59 pm to 7:07 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Krauss from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission authorize Commissioner Krauss's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Minutes - March 15.2004 It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the minutes of the meeting of March 15, 2004 be approved with corrections. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 03-22-04 -.........--....- ....--..-.-.".----.- ---..------.... . - 4 - Consent Items Acting City Manager Brey presented to the Commission the following Consent Items: Ordinance No. 1611 - addina Sections 2.44.100. 2.44.110. 2.44.120 and 2.44.130 to the Bozeman Municipal Code. providina for adoption ofthe current editions ofthe Montana Public Works Standard Specifications lMPWSS), includina modifications and policies. bv administrative order: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1611 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTIONS 2.44.100, 2.44.110, 2.44.120, AND 2.44.130; PROVIDING FOR THE ADOPTION OF THE CURRENT EDITIONS OF THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS; PROVIDING FOR ADOPTION OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER; PROVIDING FOR ADOPTION OF CITY OF BOZEMAN MODIFICATIONS TO THE MONT ANA PUBLIC WORKS STANDARD SPECIFICATIONS AND DESIGN STANDARDS AND SPECIFICATIONS POLICY; AND PROVIDING FOR ADOPTIONS OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER ACCORDING TO THE SPECIFIED PROCEDURE. Commission Resolution No. 3666 - placina a voted mill levy for the local aovernment study commission on the June 8 ballot COMMISSION RESOLUTION NO. 3666 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF A MILL LEVY TO SUPPORT A STUDY COMMISSION. Authorize Actina City Manaaer to sian - Release and Reconveyance of Easementls) to Philip Saccoccia. Jr. - 25-foot-wide street easement across a portion of Tract B. COS No. 1215C. and Tract 1B. COS No. 1215A lformer alianment of North 19th Avenue) Authorize Actina City Manager to sian - Release and Reconveyance of Easementls) to Joann Cape and Grace France lCape-France. Inc.) - 35-foot-wide street easement across a portion 0 f Lot 55. Minor Subdivision No. 272 lformer alianment of North 19th Avenue) Authorize writina off of non-Municipal Court NSF checks totalina 5311.04: Municipal Court NSF checks totalina $3.587.00: stale-dated demand account checks totalina $2.851.13: and Municipal Court stale-dated checks totalina 53.883.52. per memo from Controller Brian LaMeres dated March 17. 2004 Claims It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Public comment Jadyn Katz, 405 Ice Pond Road, spoke regarding the lack of safety signs, use of ropes, training of life guards, and the need for increased supervision of diving boards at both the Swim Center and Bogert Pool. There is a lack of safety at the city pools; and she has complained for years about this to pool 03-22-04 .---.-.-.-- - 5 - management, but to no avail. Ms. Katz also recommended lengthening the hours of pool operation. She offered to be part of any committee to improve the way the swimming pools are being run. Ms. Katz noted April 5th and 6th is Passover, and she asked that the public hearings scheduled for those nights be cancelled in observance of Passover. She suggested a good rule of thumb is that what wouldn't be done on Christmas shouldn't be done on Passover. Continued public hearina - preliminary plat - subdivide 0.6495 acres described as Lot 1. Block C. Marwyn Rearranaement and adiacent vacated Curtiss Street riaht-ot-wav into two residential lots - C&H Enaineerina tor John Nielson and Rochelle Dean (1136 East Curtiss Street) (P-04002) This was the time and place set for the continued public hearing on the preliminary plat requested by C&H Engineering for John Nielson and Rochelle Dean under Application No. P-04002, to subdivide 0.6495 acres described as Lot 1, Block C, Marwyn Rearrangement, and the adjacent vacated East Curtiss Street right-of-way into two residential lots. The subject property is located at 1136 East Curtiss Street. Mayor Cetraro reopened the continued public hearing. Associate Planner Morris presented the staff report, noting this property is zoned R-1. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the staff report. After subdivision, the existing house will sit on a 10,000 square foot lot and the remaining lot will be 18,000 square feet. This property includes two vacated portions of Curtiss Street. Four letters and one petition of opposition have been received by the Planning Department. Some ofthe neighbors believe this subdivision does not comply with neighborhood covenants, but it does meet minimum size requirements and could meet the setback requirements, as well. Commissioner Kirchhoff noted the City doesn't enforce covenants; applications are reviewed against the applicable criteria. He then asked if any non-compliance with neighborhood covenants has been brought to Planning staff's attention. Associate Planner Morris responded the lot sizes comply with the covenants, and all set-back requirements can be met. Responding to Commissioner Kirchhoff, Planning Director Epple stated the City has no legal authority to enforce homeowners' covenants; but out of simple courtesy Planning staff will advise an applicant that a situation could be non-compliant with neighborhood covenants. City Attorney Luwe added that if there is a violation of the covenants, the property owners can pursue court action to enforce those covenants. Mark Chandler, C & H Engineering, stated the north half of Curtiss Street was vacated in 1951 when Marwyn's Rearrangement was done; and the south half of Curtiss Street was vacated in 1927. The south half of Curtiss Street was then conveyed to the property in 1997, with the north half being conveyed to the property in 1972. Originally the property owners thought they would be applying for an exemption; but the Planning Department informed them it would require subdivision review, and the applicants agreed to do so. Both lots meet the zoning requirements of the Unified Development Ordinance; and this is infill development, which is usually viewed favorably by the City. One of the conditions of approval is to have the parcels aggregated before filing of the final plat. State law allows a statement on the plat that these parcels are aggregated, so subdivision can occur simultaneously. This would be the preferrable thing to do, to reduce costs. Rochelle Dean, applicant, stated the average lot size in this addition is 8,200 square feet, which makes both these lots larger than any other in the neighborhood. It is reasonable to assume that if the developer had 28,000 square feet of land originally, they would probably have created two lots originally. John Earls, 1111 East Curtiss Street, stated he opposes this application because this is not just one lot to be subdivided. He contends it is three parcels of land; lot 1, the north half of vacated Curtiss Street, and the south half of vacated Curtiss Street. The north portion of the vacated street is particularly troubling. Mr. Earls pointed out the developer of Marwyn's Rearrangement conveyed that portion of land to the Elks Club, which does away with the contention that the vacated land automatically goes to the property owners of the adjacent lot. Marwyn's Rearrangement wasn't even developed when the vacated streets were sold to the Elks Club, so the current owners don't have an automatic right to that land. Lot 1 was eventually sold, but the north half of vacated Curtiss Street wasn't conveyed to the property owner. Mr. Earls reiterated he 03-22-04 _ ..___._.u_______ .__....___.. __ n - 6 - is concerned with the ownership of the north half of vacated Curtiss Street and requested the City Attorney's office research this in more depth before the property is combined and then subdivided. William VandenBos, 1007 East Curtiss Street, stated Mr. Earls has done a lot of work researching conveyances and zoning, all without benefit of an attorney. He, too, requested the City's legal staff research these three different parcels to make certain they are, indeed, one parcel. He expressed zoning concerns because the lands adjoining Lot 1 are zoned PU, and he questioned the zoning designation since they became private property. Mr. VandeBos said he is also concerned that the nature of this neighborhood will be harmed if this request is granted. This subdivision was one of the first planned subdivisions in Bozeman, and this lot is the jewel of East Curtiss Street. It was one of the features of the neighborhood that attracted some of the current property owners to that development. The appearance of the lot, the orientation of the house, the established hedges, and the City-built sidewalks and fence all give the impression that this is a fully-developed property. Mr. VandenBos stated it concerns him that one lot turns into two, and then two lots turn into three. He questioned what would happen if everyone in Bozeman were to sell their side yards. This needs to be considered because Bozeman has some beautiful neighborhoods with large yards. Mark Chandler responded to Mr. Earls' question regarding the north half of vacated East Curtiss Street by saying that back in those days, vacated portions of streets were treated as separate parcels; but nowadays when a street is vacated, one half of the street automatically goes to each lot. They cannot be conveyed separately; they must be conveyed with the lot. Mr. Chandler stated there is no legal problem. He has done a lot of plats with vacated streets included, and this is a fairly common practice. John Nielson, applicant, said even if this was once park property and zoned PU, it is impossible for this parcel to be zoned PU now because PU lands cannot be owned by a private party; and this south parcel has been owned by a private individual since 1997. Mr. Nielson said he understands there is a process that must be followed, but they filed their application in January and have taken the time to have research conducted and the legal steps requested of them have been completed. He asked the Commission to respect their timeline, as well. Responding to Commissioner Youngman, City Attorney Luwe said ownership conflicts are normally addressed based on the title report. If the Commission requires the ownership conflict to be resolved, it can delay action on this application until it is, or add a condition that the ownership title conflict be resolved before final plat approval is granted. Since there were no objections, Mayor Cetraro closed the public hearing. Commissioner Kirchhoff acknowledged the neighbors have taken this proposal very seriously and have done a lot of legwork on their own; but the Commission's job is to determine if this application complies with local codes and ordinances, and it does seem to do that. When the title conflict has been resolved, this project should go forward. Hopefully, this project will be a fine addition to the neighborhood. Commissioner Hietala agreed with Commissioner Kirchhoff, saying if the ownership conflict is resolved, he doesn't see how the Commission could not approve this application. Mayor Cetraro said he will support this application because it does meet all code requirements. He noted there does seem to be more demand for larger lots within the city, and he would like to see those larger lots developed for those who want them. Commissioner Youngman stated she appreciates the neighbors' concerns, and she hopes the title concerns are adequately addressed. The lots created by this subdivision are consistent with those in the neighborhood, and she hopes the property owners will build something that will blend with and enhance the neighborhood. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the preliminary plat requested by C&H Engineering for John Nielson and Rochelle Dean under Application No. P-04002, to subdivide 0.6495 acres described as Lot 1 , Block C, Marwyn Rearrangement, and the adjacent vacated East Curtiss Street right-of-way into two residential lots, be approved subject to the following conditions: 1. The existing shed shall be moved outside the 20-foot front yard setback. The structure must be moved or razed prior to final plat approval. 03-22-04 ----------- ------------------- -- - 7 - 2. The adjacent vacated streets must be aggregated before final plat approval. 3. Questions raised concerning the title to the subject tracts shall be reviewed by the City Attorney's office prior to final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public hearing - Site Plan and Certificate of Appropriateness to allow reuse of vacant structure on Lots 1-6. Block 8. Sprinabrook Addition. and construction of addition to existina structure. with deviation from Section 18.46.040. to allow three parkina spaces less than reauired - Bozeman Office Express for Harold Liahtfoot (119 North 7th Avenue) (Z-04027) This was the time and place set for the public hearing on the Site Plan and Certificate of Appropriateness requested by Bozeman Office Express under Application No. 2-04027, to allow reuse of the vacant structure on Lots 1 through 6, Block 8, Springbrook Addition, and construction of an addition to the existing structure, with a deviation from Section 18.46.040 of the Bozeman Municipal Code, to allow three parking spaces less than required. The subject property is located at 119 North 7th Avenue. Mayor Cetraro opened the public hearing. Assistant Planner Kozub distributed copies of one additional condition to be included for approval of this project and presented the staff report, stating a deviation is being requested to allow three parking spaces less than required. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the staff report. Staff feels this proposal is a huge improvement to the North 7'h Avenue entrYWay corridor. Randy Visser, JJKG & Associates, stated they have worked closely with the City to take an eye-sore of a building and improve it to greatly enhance the property and streetscape. Currently there are four accesses to this site; and they are proposing to combine the two accesses from North7th Avenue into one and eliminate the access from West Lamme Street using only the alley access, which will be safer. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Kirchhoff stated he is gratified to see this property being improved, which will be a great improvement to North 7th Avenue. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Site Plan and Certificate of Appropriateness requested by Bozeman Office Express under Application No. 2-04027, to allow reuse of the vacant structure on Lots 1 through 6, Block 8, Springbrook Addition, and construction of an addition to the existing structure, with a deviation from Section 18.46.040 of the Bozeman Municipal Code, to allow three parking spaces less than required, be approved subject to the following conditions: 1. The final site plan shall not depict any parking that requires backing into the public alley. 2. The color palette for the buildings, including material samples and color chips, shall be provided for review and approval by the Planning Office prior to final site plan approval. 3. All utilities and easements shall be coordinated with the landscape plan and the site plan as part of the final site plan submittal to ensure no overlap. 4. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 5. A Stormwater DrainagelTreatment Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants has been provided to the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and 03-22-04 - 8 - discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required for final site plan approval. 6. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE) and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 7. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 8. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 9. 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. An Approach Permit from MDoT shall be applied for prior to final site plan approval. 10. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 11. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 12. All existing utility and other easements must be shown on the final site plan. 13. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 14. Drive approach sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 15. The contractor shall locate the water line with the Water Department to check that the water line will be located outside of the building addition footprint. If it is not, then the contractor will pay the Water Department to move the line outside of the building footprint. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Reauest for authorization to redesian SoroDtimist Park imDrovements to be funded throuah CTEP Droiect monies Included in the Commissioners' packets was a memo from Grants Administrator/CTEP Project Coordinator Folger, dated March 15, forwarding proposed revisions to the CTEP project for improvements to Soroptimist Park. CTEP Project Coordinator Folger highlighted the revised project, which now includes: 03-22-04 -------- .-----..-------. .."..--- .--- _______n_"___.." _".. - 9- 1. Clear some of the shrub beds and remove perimeter hedges, incorporating landscaping that opens up the park and makes it more inviting and easier to maintain. 2. Replace the existing irrigation system with one that matches the newly-designed park; amend the soil, and reseed or sod the park. 3. Replace deteriorated sections of sidewalk along East Main Street and South Rouse Avenue with patterned sidewalk matching the other downtown sidewalks. 4. Install pedestrian street lights and street trees along East Main Street and South Rouse Avenue to match rest of downtown, and bollards or other pedestrian safety features along the alleyway on the park's south side. 5. Install an interior sidewalk that meanders through the park from East Main Street to South Rouse Avenue; replace deteriorated drinking fountain with new unit. 6. Install picnic tables and benches. The CTEP Project Coordinator stated the goal is to improve the appearance of the only green space in the downtown corridor. The City has $100,000 in CTEP funding available for this project and the several false starts have been frustrating for citizens and staff alike. The architect is at the ready to redesign this project within budget to provide green space with new sidewalks, irrigation system, water fountain, and picnic tables. There has been a lot of discussion regarding selling this parcel, but it will take a long time to accomplish that sale. The original Department of Interior grant to landscape Soroptimist Park falls under the provisions of the land and Water Conservation Fund, which requires a land use conversion and advance replacement at current market value prior to sale. land use conversion and park replacement can take several years to complete, and preparation of the required environmental impact assessment under the National Park Service can take another several years. Therefore, it seems prudent to use the money that has already been allocated while discussions regarding the sale of this property continue. Mayor Cetraro asked if the $100,000 in CTEP funds have to be used only for this project. CTEP Coordinator Folger replied this project could be dropped and the money could go into a reserve fund to be reallocated to another project. There is currently $200,000 in the reserve fund that can be used for other projects, if necessary. The Parks Department received a number of complaints last summer regarding the condition of this park, and the Downtown Bozeman Association is also anxious to improve the appearance and condition of the park. If the City should go ahead with the improvements and then sell the park, but not replace it, the City will have to reimburse CTEP. The replacement of the sidewalks and street lights are a big part of this project; and since they are permanent, those costs won't need to be reimbursed. The intent is to do the most cost-effective renovation, keeping in mind that sometime in the future the park may be sold and CTEP will have to be reimbursed. The City is getting reimbursed 86 percent from CTEP for the previous design work that was done. Scott Doss, architect, noted the goal will be to design something, within the budget available, that will be a positive addition to the fabric of downtown Bozeman. Currently this is underutilized space, and the intent is to make this park the focal point of that intersection and increase its utilization. Commissioner Kirchhoff noted this is a tough parcel because of its location, and he believes a building ultimately belongs there. He is, however, receptive to downtowners being fond of a green space downtown. He questioned if the Commission would be willing to approve half of the project, sidewalks, lights, and picnic tables, but no irrigation and landscaping. Commissioner Kirchhoff said he would support using half of the money only because he has a sense the City is spending money it's not going to get full value from. CTEP Project Coordinator Folger pointed out part of any sale agreement for this parcel would be to add enough to the sale price to reimburse CTEP so that none of that money would come out of the City's coffers. Acting City Manager Brey stated he remembered when the East Willson school was reroofed, there was a requirement that the building had to be kept intact for three years. He questioned if such a provision 03-22-04 -.---.-...... - 10- might apply to this project. CTEP Coordinator Folger responded there is no time limit. Reimbursement will be required if the property is sold, but it will be on a depreciated basis. Mayor Cetraro asked what impact the renovation of this park will have on the Parks Department. Acting City Manager Brey stated the new irrigation system is the most important component to lessen staff's workload. Superintendent of Facilities and Lands Goehrung added removal of the hedges will make maintenance much easier. Also, this will respond to the number of complaints he has had from people who want this park opened up. The concrete work would be the only thing that would be a lost investment if the property is sold in the future; the rest of the improvements are designed to bring this park back into the fabric of the downtown and make it easier to maintain. Mayor Cetraro then stated his agreement with Commissioner Kirchhoff's previous comments that only one half of the money should be spent on this renovation. Commissioner Youngman responded she doesn't get the sense the City can save more money on this renovation than has already been saved because there are not a lot of costs that can be eliminated. The Commission doesn't have the exact cost breakdown, so to arbitrarily reduce this project to $50,000 is to make it dysfunctional. Commissioner Youngman said she would be uncomfortable supporting such a motion because there isn't any evidence to support such a reduction. Mayor Cetraro stated he would like to see reallocation of these CTEP funds to another project in Bozeman. Commissioner Kirchhoff stated his agreement with Commissioner Youngman's comments, noting the irrigation system and concrete improvements are the major improvements. This park is currently underutilized because of its condition, and no one is actively pursuing the purchase of this property. Commissioner Hietala noted this is the only urban space downtown, and he agrees with CTEP Coordinator Folger that it will take a long time to sell this park. Therefore, he believes this will be money well spent. He would like to see sidewalk vendors in the park, as well. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Commission approve the proposal to redesign improvements to Soroptimist Park and authorize Scott Doss to proceed with those revisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, and Commissioner Kirchhoff; those voting No, Mayor Cetraro. Continued discussion. staff report. reauested creation of special improvement district for North 11 th Avenue between West Oak Street and Baxter Lane Included in the Commissioners' packets was a copy of e-mail messages between Director of Finance Gamradt and bond counsel Mae Nan Ellingson regarding possible use of a portion of SID bond proceeds to fund the required escrow account to cover five years of debt service on those bonds. Distributed just prior to the meeting was a letter from attorney Jane Mersen, dated March 18, providing a more detailed history of this street project. Director of Finance Gamradt stated the e-mail correspondence was in response to previous direction from Commissioner Krauss. Following Ms. Ellingson's response, Greg Allen, Superior Northwest, asked if bonds could be sold without the backing of the City's revolving fund. Director of Finance Gamradt said he checked with DA Davidson, and they informed him they would not bid on bonds without the backing of the City's revolving fund due to uncertainties regarding repayment. The applicants say they were unaware of the SID policy for quite some time, but staff still supports their original recommendation for denial of this SID because it is inconsistent with City policy and is an after-the-fact SID that serves no public interest. Greg Allen stated the applicants were told by City staff that they could apply for an after-the-fact SID prior to making these improvements. Apparently this SID policy was in place when this statement was made and has been during the two years he has been working on this project, yet they only found out about this policy a couple of weeks ago. A lot of time and legal work has gone into this SID, which now seems to be useless. Mr. Allen said the applicants would be agreeable to a letter of credit for a portion of the improvements or an SID for only a portion of the improvements. 03-22-04 -.-.- - 11 - Responding to Mr. Allen's comments, Commissioner Kirchhoff asked if there is a proposal for the Commission to consider. Mr. Allen replied they would like the Commission to recommend a resolution that complies with the SID policy. The Commission could incorporate one of those two proposals during the resolution process. Commissioner Kirchhoff asked the Director of Finance if the resolution were altered to include either a letter of credit or an SID for only a portion of the improvements, as suggested by the applicants, would he view either of them favorably. Director of Finance Gamradt replied he would not strongly oppose such a suggestion, even though the public interest component is still missing. He could support either a letter of credit or an SID for only half of the improvements. Commissioner Kirchhoff stated that from the testimony received, it sounds as if the applicants have been working on this for a long time and have made a good faith effort from the beginning. However, Director of Finance Gamradt says no public interest has been served because this is an after-the-fact SID request. Commissioner Kirchhoff said he believes there is nothing inherently wrong with this request and developing creative ways to back it. He would be supportive of a resolution that includes one or both of Mr. Allen's suggestions, which was written by staff and brought back to the Commission at a later date. Commissioner Hietala concurred with Commissioner Kirchhoff's comments. Commissioner Youngman noted the public interest in this case would be the equitable treatment of someone who, had they known, would have done this project in a way that is consistent with City SID policy. Commissioner Kirchhoff inquired if an appraisal was conducted, to which Mr. Allen replied the built-on parcels on the Tange side have appraised at between $3.50 to $11.00 per square foot, with the vacant property appraising at an average of $5.00 per square foot. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be directed to bring back a resolution of intent to create an SID for acquisition of the North 11th Avenue improvements between West Oak Street and Baxter Lane, with a letter of credit and/or for one-half of the improvements as determined by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Discussion re Dossible remodelina of second floor of Professional Buildina. 20 East Olive Street. for citv offices Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands Goehrung, dated March 16, forwarding additional information on possible remodeling of the second floor of the Professional Building for city offices. Superintendent Goehrung reviewed his memo to the Commission, noting this is the perfect opportunity to get this remodeling project underway since the largest tenant is leaving. The intent is to spread out the costs of this remodeling over the next fiscal year. Superintendent Goehrung stated he is trying to get a better understanding of providing adequate comfort levels for occupants versus making only cosmetic improvements. Also, it needs to be determined how long the City will use this resource. Included in his memo is an estimated cost breakdown and a funding source breakdown. Superintendent Goehrung noted that once the space is vacant, it is more cost effective to make building and mechanical improvements, rather than just cosmetic improvements. He is proposing a two-phase project, with the western two-thirds of the second floor remodel beginning immediately since the space will be vacant and the Building and Inspection Department has money to pay for that portion of the project. Once that is completed, phase two could begin, which also gives the remaining tenant, a dentist, additional time to find office space and move. The dentist has stated it will take about seven months for them to prepare for and move out of their current space. Mayor Cetraro stated he believes the most marketable way to remodel this area is to open up the second floor, clean it up, and use modular furnishings, which would result in a much lower cost and more opportunities for reuse of the area. Superintendent of Facilities and Lands Goehrung stated the attorneys need private offices; and the comfort level of all employees needs to be considered, as well. The proposed layout would provide three suites which could stand alone or be leased out as individual spaces. 03-22-04 . --------.-- .. . ..---........-..--------.- - 12 - Commissioner Hietala stated he feels there are too many partitions and hallways. He suggested this plan could be greatly improved by getting rid of some of the hallways, while retaining the three basic configurations of office space. Acting City Manager Brey noted an architect was retained to do the design work at a cost of approximately $14,500. Acting City Manager B rey stated he and Director 0 f Finance G amradt have ascertained that it would not be fiscally responsible to do the entire remodel if the building is going to be sold within the next five to ten years. If that is a possibility, the cosmetic remodel should be undertaken and the spaces should be released. If the Commission desires a new design, the architect can be redirected to do so; but the construction season could be lost. Commissioner Kirchhoff asked if City administration has given any consideration to the possibility that City staff could be moved out of this facility within the next five to seven years. Acting City Manager Brey responded there is no funding mechanism for another facility to be constructed within that timeframe. Commissioner Kirchhoff then asked if it is possible the City will outgrow this facility within the next five to seven years. Acting City Manager Brey stated that if this project were completed tomorrow, there would be one vacant office, with some additional basement space in the Professional Building, that could be utilized. The office areas that would be vacated by the Building and Inspection Department would be used by departments currently housed at the Law and Justice Center, which is severely overcrowded. Director of Finance Gamradt added City administrative staff are layman developers, and they don't have all the answers. The point is that it doesn't make sense to commit this amount of money to remodel a building that isn't going to be used for more than five to seven years. If the City is looking to recoup money spent on remodeling, it would be advisable to only do the cosmetic repairs. It doesn't make sense to invest huge sums of money if the City is going to look at constructing a new City Hall in the near future. Mayor Cetraro acknowledged wanting to get these departments under one roof, but he believes the best solution is to open up the space at the Professional Building, clean it up, move these departments under one roof, and move forward. He reiterated it makes more sense to do only a cosmetic remodel and not spend $400,000 on remodeling. Responding to Commissioner Youngman's inquiry, Mayor Cetraro said costs could be shaved from the elimination of lots of walls, while still providing legal staff with their offices. Other departments could be housed in one large area, which would give the next owner the flexibility to maximize that space as they see fit. If this building is going to be sold within the next five to seven years, it isn't worth spending this amount of money on remodeling. The facilities plan can take these things into consideration when it is drafted. Responding to Acting City Manager Brey, Superintendent Goehrung stated the Building and Inspection Department can move into the western portion of the Professional Building without too much reconfigu ration. Commissioner Hietala agreed with Mayor Cetraro that the City would maximize its return with a more open design. Acting City Manager Brey noted the Commission now has two designs to consider; the original design and an alternative design that allows construction in two phases, but that is inferior to the original design. The design of the second floor of the Professional Building needs to be professional a design, which will require hiring an architect to reconfigure it as the Commission desires. Director of Finance Gamradt noted that any time a building is fully occupied, one is always trying to make do, which costs more money in the long run. It appears the Commission is not real comfortable with a large investment now if it plans to sell the building within a relatively short timeframe. Commissioner Kirchhoff stated he is impressed with the amount of thoughtfulness that has gone into this remodeling project, but he's not sure if the City will be keeping this property long enough to make it feasible. Director Gamradt noted the only way to build a new city hall complex is with tax increment funds or a general bond issue, and the tax increment money is already spoken for. He doesn't see a new city hall complex being constructed in the next five years. Superintendent of Facilities and Lands Goehrung stated it isn't a matter of what gets done, but what doesn't get done that will come back to haunt. If the areas of concern aren't addressed now, the City is going to be spending money in a crisis mode that it didn't anticipate spending. 03-22-04 .....- .-.------- ___.__..___.u......_._ ..._._.__... - 13 - Mayor Cetraro stated he doesn't believe this project should go forward if it is under funded. These types of decisions are very uncomfortable for the Commission because there are lots of projects that need to be undertaken. Acting City Manager Brey stated staff had no idea this project was going to be of this magnitude. The recommendation to the Commission is if they intend to have City staff out of this building within five to seven years, the minimal renovation needs to be undertaken and those spaces leased. If not, the project should proceed as originally designed. Unfortunately, he cannot provide the Commission with the information it needs to make a seven-year decision; but of the two funding mechanisms available for a new city hall, one is committed and the other is unlikelY to pass with voters. Commissioner Kirchhoff stated based on what was just said, he doesn't believe the City should go forward with this renovation project. Given the uncertainties, he doesn't believe this is the place to spend money right now. Commissioner Youngman acknowledged that all the choices are uncomfortable. A new city hall would mean selling current assets; and they can't be sold until staff moves into a new facility, which will still require up-front money which isn't going to be available. The Commission is talking about something it would like to do, but there is no prospect in the foreseeable future of being able to do that financially. If this remodeling project isn't undertaken, the Commission is asking staff to put up with conditions that are less than desirable. In her mind, the benefits of this renovation outweigh the costs. Commissioner Kirchhoff stated he is hesitating strictly because of the price tag. He doesn't believe the City will be able to recoup that money at the time of a sale. Commissioner Hietala clarified that the problem with the second floor of the Professional Building is the air conditioning/mechanical system, primarily. The reason to tear out the walls is to access the vents and pipes and rebuild the delivery system so it's more efficient and reconfigure the walls. Superintendent of Facilities and Lands Goehrung replied that if contractors went in and made use of most of the existing spaces, there would still be fire safety issues that would need to be addressed. At a minimum paint, carpet, phones, and data system capabilities would have to be replaced, and City employees would be told this is the best the City can do for now until a better environment can be provided in five to ten years. Superintendent Goehrung stated he needs Commission direction as to whether improvements and repairs will be on an emergency basis, or if upgrades will be made now. Mayor Cetraro said he believes $400,000 is lower than what the actual costs will be, and he would rather see a facilities plan developed and another superintendent hired. Acting City Manager Brey repeated staff needs direction from the Commission to proceed with the remodeling project before it or direct staff to undertake some other course of action. Either staff needs to be moved into this space, or the second floor needs to be renovated so the space is leaseable. Commissioner Kirchhoff said it seems to him that the majority of the Commission is not in favor of going forward with the plan before it. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, to direct staff to evaluate the best possible uses for the second floor of the Professional Building that do not include extensive renovation and bring back the best option for Commission consideration, if necessary. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from McRay and Delone Evans, 1524 South Rouse Avenue, voicing objection to proposed rezoning of the area. 03-22-04 -.---..-.------.------.------ ,,- -...-......-...---.---- .--..-...-.---------.- ..-------- .--..-.....-.. - 14- (2) Copy of the recent newspaper article about the possible installation of sidewalks in New Hyalite View Subdivision, with a note questioning when the Westridge area will be required to install sidewalks. (3) E-mail from Ellen King-Rodgers announcing Phase II 0 f the spay/neuter program and seeking financial assistance for the event. (4) Copy of the letter dated March 23 announcing the InterNeighborhood Council meeting scheduled for 7:00 pm on Tuesday, April 13, at the Professional Building. (5) Copy of the newspaper notice announcing that the landfill will resume Saturday hours beginning March 27. (6) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 pm on Monday, March 22, at the Courthouse. (7) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, March 23, at the Courthouse. (8) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, March 23, at the Professional Building. (9) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, March 23, at the Professional Building. (10) Copy of display ad requesting community involvement in Sunset Hills Cemetery master planning process. During his FYI, Acting City Manager Brey offered the following: 1) Indications are there will be 80 to 100 people coming to testify before the Commission on the sidewalk program, so he suggests moving the location of the April 5th meeting. The sidewalk program opponents have rescinded their request for a 1 O-minute presentation, as of this time. They have indicated they prefer to allow each person a 3-minute presentation instead. The Commission voted unanimously to change the location of the April 5th meeting. Dan Biggerstaff, 1409 Ash Drive, stated the New Hyalite View neighborhood held a meeting where they outlined the proper rules of engagement with the Commission so there shouldn't be anyone trying to do otherwise. Because it is uncertain if the proponents of the sidewalk program would be fairly represented, everyone agreed, in the sense of fair play, to go back to 3-minute or less presentations. The neighborhood does, however, appreciate the City's offer to consider a 10-minute presentation. 2) He should have the utility inter-local agreement for Commission vote on April 5th. 3) On Wednesday staff is gathering to work out an alternative parking garage proposal, which needs to be acted on quickly. Mayor Cetraro questioned why there needs to be a special meeting. Acting City Manager Brey replied there are different proposals that require Commission approval. Mayor Cetraro pointed out people need to be respectful of Commission meeting times since there is no regular Commission meeting scheduled for March 29th, and he doesn't believe a one-week delay will be a "deal breaker". Mayor Cetraro stated he doesn't believe the Commission needs a special meeting for every big issue. Acting City Manager Brey noted there are already four public hearings scheduled for April 5th. Commissioner Hietala stated he doesn't understand why the City is in such a rush to finalize plans for a parking garage. A majority of the Commissioners agreed to hold a special meeting on March 29th. 4) Regarding legal holidays, there is nothing that would prevent the Commission from holding meetings on legal holidays, and the public hearings for April 5th have already been advertised. 5) In response to Commission direction, staff has investigated the possible consolidation of public hearings, but the Kalispell model isn't workable with Bozeman's land-use workload. 6) The Commission needs to have a full-blown discussion regarding changes to the Unified Development Ordinance as a future agenda item. Planning Director Epple noted the following during his FYI: 1) The County Planning Board and County Commission are undertaking planning and zoning review of the former jurisdictional area around the city limits, and the City Planning Board has been invited to participate. The county-wide plan serves to direct a lot of the growth to the city limits, and City staff prefers Bozeman not be ringed by development that is not within city limits nor on city services. Lot size will be the focus of the Unified Development Ordinance revision discussion with the Commission. Planning Director Epple suggested a 6:00 pm Commission 03-22-04 ...-..------ -.--.--- ------------ ._._______________m____".___._.. __... - 15 - meeting with the City Planning Board since the composition of the Board has changed. 2) As noted on the Development Review Committee listing, Planning staff has a lot of projects forthcoming. During his FYI, City Attorney Luwe noted that he has not yet had the opportunity to respond to all e-mails he received during his absence, but he will send out responses as quickly as possible. Commissioner Youngman offered the following FYI items: 1) The Commission has received a request from the Montana Spay/Neuter Task Force for a contribution to help pay for Phase II. She inquired if the Commission was agreeable to having a presentation from the Task Force. A majority of the Commissioners agreed to a presentation. 2) She will be in Helena this week attending a Fannie Mae presentation, so Commissioner Hietala will attend the fairgrounds amphitheater planning meeting. During his FYI, Commissioner Kirchhoff presented the following: 1) He has been approached by the owner of On the Rise, who wants to improve his building by expanding out to the sidewalk to provide outdoor amenities for his customers. Such a project would require a 100 percent deviation, rather than the 20 percent allowed in the code. It would require a text amendment to allow a 100 percent deviation, and the applicant is asking the City to do a text amendment and do it in such a way that he won't lose this building season. It will take between 90 and 120 days for a text amendment, which means the applicant will miss this year's building season. He asked if the Commission would be in favor of allowing the applicant to start building while the text amendment is being written. Planning Director Epple noted the text amendment could probably be written specific to this project because staff wouldn't want to open the door for other, less desirable projects with a broad text amendment. Staff is also in the process of working on design objectives for entryway corridors, and this project is within an entryway corridor. Acting City Manager Brey reminded the Commission they do not want to give preliminary indications for approval of a text amendment without conducting public hearings. A majority of Commissioners agreed to direct staff to begin working on a text amendment for this proposed project. Adjournment - 9:46 Dm There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bein Commissioner Kirchhoff, Commissioner Hietala. Commissioner Youngman, and Mayor Cetraro; th se ting No, none. A ATTEST: {J~/~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: iflEUA01Q~~-xilUW~U EN L. DeLA THO E Deputy Clerk of the Commission 03-22-04