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HomeMy WebLinkAbout2004-03-15 Minutes, City Commission . -- -----.--..-..-----.----..---- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 15, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 15, 2004, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Lee Hietala, Acting City Manager Miral Gamradt, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. Commissioner Steve Kirchhoff was absent. Sianina of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Staff presentations re department budget reauests for Fiscal Year 2004-2005: (1) Recreation Superintendent Sue Harkin: (2) Director of Libraries Alice Meister: (3) Director of Finance Miral Gamradt Recreation Division. Superintendent Sue Harkin distributed a copy of the department's major objectives and budget highlights after which she introduced Jesse Blaylock, Bogert Pool Manager; Melynda Coble; Recreation Program Director; and Eric Seagrave, Swim Center Manager. She noted that customer surveys are used as a performance measure for the department; and those surveys reflect 99 percent satisfaction with all recreation programs, which is significantly higher than the national average of 85 percent. The department's goal is to offer affordable programs that keep the community safe and promote more healthy lifestyles while instilling the values of cooperation, consideration and competence in young people. She stated the department is funded through the General Fund and generates approximately $330,000 in revenues to offset a portion of its costs. The Recreation Superintendent noted that the Lindley Center currently generates approximately $10,000 from rentals annually. It is her hope that the Beall Park Arts Center reverts back to the City during the upcoming fiscal year; and she asked that it be used for recreational programs and Recreation offices as well as a rental facility like the Lindley Center. She indicated that this year's budget includes $10,000 for updating of the Parks, Open Space and Trails Plan, and noted that the Parks Division has also included $45,000 in its budget for that update. She concluded by identifying a new outdoor pool as a future need. Bogert Pool Manager Jesse Blaylock stated it is a real honor to manage the pool that was constructed in 1939, noting it offers a venue for families and youth during the summer months. Items in the upcoming budget include gutter restoration on the pool, to protect the concrete walls around the pool, tiling of the locker room floors, and a shade structure on the south end of the pool enclosure. Swim Center Manager Eric Seagrave stated the upcoming budget focuses on upgrading and maintaining of the facility. This includes replacement of two water heaters to eliminate drift in the 84 of temperature of the pool and replacement of a dehumidifier. He noted that six dehumidifier units hang from the ceiling of the Swim Center. The initial units lasted twenty years; and this budget includes the last unit to be replaced. The final item in the budget is repair of the flat roof on the equipment room, which currently leaks. He concluded by stressing that this budget reflects maintenance of the core structures for the Swim Center, with essentially no change in operating or personnel costs. Recreation Program Director Ms. Melynda Coble stated she is seeing an increased demand for programs, particularly for 2 to 5-year-olds. As a result, she is seeking a %-time increase in personnel and no increase in operating costs. She noted that this year's program will include several wilderness trips, backpacking, canoe trips and family events. She stated the WinterFest will also be expanded to include two weekends and will include a children's triathlon. 03-15-04 - ---------- .....-...---......- - 2 - The Recreation Division staff responded to several questions from Commissioner Krauss, noting that county residents pay more for the programs than city residents, in recognition of the City funding for those recreational activities. Library. Director of Libraries Alice Meister distributed a packet of materials for Commissioner review, drawing attention to the annual report for Fiscal Year 2003. She noted that this report reflects a continued increase in usage, including the number of borrowers, the circulation of materials, and the library materials available. She stated that the number of materials available is approaching the 100,000 mark; however, staff continues to weed out materials due to lack of space. The Library is undertaking a space allocation study to determine how to best utilize the existing space in an inviting and attractive manner until the new structure is built. Director Meister reviewed accomplishments in this current fiscal year, which include being awarded the Institute of Museum and Library Services (IMLS) national award; working on clean-up of the site for the new library and working with the Department of Environmental Quality on closure of that site; hosting of the NASA traveling show; and hosting of the Montana Library Association annual conference later this month. The Library received the "Library of the Year" award, Board Chair Brenda Davis was awarded "Trustee of the Year", and Trustee Bob Gutzman received the "School Administrator of the Year" award. Also, the holdings of the Three Forks Library has been added to the BridgerNet catalog, leaving the Manhattan Library as the only one in Gallatin County not on the system. Director Meister highlighted the proposed budget for Fiscal Year 2005, noting she has provided the Commission with detailed information for ease in identifying the differences between the budget requests and the FY04 budget. She stated the Library has made a commitment to ask for a 6-percent increase in the allocation for materials every year. Maintenance costs continue to increase each year, with the air handling system being a large portion of those costs. The budget for the upcoming year also includes a reservation and print management software that will allow staff to time a person out after a specified amount of time on one of the internet computers. Also, the budget includes a webcam for the new building project, so interested persons can monitor its progress. Director Meister stated the total budget for the library is slightly over $1 million, with approximately one-third of that funding coming from the County. A significant portion of the budget is devoted to personnel costs, with 19.66 FTE in the budget. She indicated that additional personnel requests include increasing substitute hours to 700 to cover staff members' use of leave, expanding the technology officer position from 3/4 time to full-time, and adding a half-time reference librarian. She noted that staffing levels at the library have remained essentially unchanged since her arrival; and these staffing increases are minimal. The Director then turned her attention to the capital items, noting that a conversion from the current bar code to RFID tags is one of the major items. This conversion can be phased in and will result in patrons being able to check out and check in materials without staff assistance, thus freeing staff to assist patrons in other ways. A replacement server for the BridgerNet system has also been included in the budget, since she has received notice that after August the Dynix system on which it is housed will no longer be eligible for maintenance. Responding to questions from Commissioner Krauss, the Director indicated that the Library Foundation raises its own funds. She noted that in previous years, the Foundation contributed $15,000 to $20,000 to the library operations; however, all of the monies it is currently raising are being devoted to the new library. Also, the Friends of the Library raise monies for the library, and contribute approximately $10,000 toward its operations through the Foundation. All other monies for the operation of the library are through the City. She estimated the cost of programs at the library between $1,000 and $2,000,noting that the Friends offset some of those costs. She recognized that many of their programs are ethnic and diverse, due in large part to the lack of diversity in the community. Finance. Controller Brian LaMeres presented the Finance Department's Fiscal Year 2005 budget request, distributing a copy of his presentation. He noted all City monies flow through the Finance Department, which ensures reporting and recording of those revenues and expenditures are done according to generally accepted accounting practices. It is responsible for processing the utility bills and collecting the payments; processing the special assessments and collecting the payments; paying the City's bills; paying the City's employees; processing business licenses, pet licenses and parking tickets; and selling cemetery lots. He noted that a comparison of the workload indicators from Fiscal Years 1993 and 2003 reflects a 60- percent increase in special assessments and utility bills and a 30-percent increase in staffing levels. He 03-15-04 ---..'''. ..--...-..-.- _.,,- .._ .._ _..._ _._ _.. ....___ _ m _ ._..__...._...._.____ - .. - -.-..-----.--- ... ...-..-----. n___ . ._._.n_____...__._____._n_.__u___.______ __n._____..____________.___ __ _ ___.n._._ _.___..._..__.._ ----..----.----.---.-. - 3 - stated that the Finance Department has 16 FTEs, and stressed that the pronounced emphasis on technology is what has allowed staff to handle this increased workload. Controller LaMeres noted that in February, the City started accepting automated payments for utility billing and, of the 8,000 bills, approximately 1,000 are being paid through this mechanism. Staff is also considering whether to allow credit card payments, which would open up additional opportunities, such as allowing business licensing to be done through the web. Also on the horizon is adding the special assessments to the HTE software system. The current AS400 computer is in its fifth year, and the industry standard is three to five years. The current machine has been upgraded to the greatest extent possible; and this budget includes $150,000 for its replacement. The Controller stressed that this cost will be covered through an internal service fund and not the General Fund. The Controller concluded by noting the budget for the upcoming year is essentially the same as this past year. He stated that the department is personnel intensive, with approximately 80 percent of the budget being for personnel and 20 percent for operations. Commissioner Youngman suggested that shifting to a web-based billing system could eliminate the need for sending paper bills through the mail; rather, notices could simply be e-mailed to the user, further reducing costs. The Commissioners thanked staff for their budget presentations. Break - 7:10 to 7:15 D.m. Mayor Cetraro declared a break from 7:10p.m. to 7:15 p.m., to give the Commission an opportunity to prepare for the formal meeting. Call to Order. Pledae of Alle(Jiance 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 Kirchhoff from this meetina It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission authorize Commissioner Kirchhoff's absence from this meeting. 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 8. 2004 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of March 8, 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. Consent Items Acting City Manager Gamradt presented to the Commission the following Consent Items. 03-15-04 -.-- -------.------ _.___.__n_._.____ ..--....--.-.---- -4- COMMISSION RESOLUTION NO. 3664 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Authorize Actina City Manaaer to sian - Purchase Aareement for Parcel No. 8 for Durston Road west of North 19th Avenue - Donald F. Wirtz and Carol A. Kunda. 5540 Durston Road Authorize Actina City Manaaer to sian - Purchase Aareement for Parcel No. 9 for Durston Road west of North 19th Avenue - Jessie B. Kemp. 5570 Durston Road Authorize Actina City Manaaer to sian - Acceptance of Public Street and Utilitv Easement from Jerald E. Swenson - 90-foot-wide easement across Lot 1. Minor Subdivision No. 221. for North 27th Avenue Authorize Acting City Manager to sign - Acceptance of easements for SID No. 674 (Bridger Center) as follows: (1) from F. Delbrook Lichtenbera and Roberta Moche for Detention Pond on COS No. 885: (2) from F. Delbrook Lichtenbera and Roberta Moche for Drainage Easement across COS No. 885: (3) from Donald B. Frye III and William T. Frye for 30-foot-wide Water Pipeline and Access Easement and Aareement across Lot 5. Block 1. Amended Subdivision Plat Rearranaement of Block 1. Bridaer Center Subdivision: (4) from The Fulmont. LLC. for Public Street and Utilitv Easement across Lot 1 A-1. Block 3. COS No. H-37-B. Bridger Center Subdivision: (5) from The Fulmont. LLC. for Public Street and Utilitv Easement across Lot 1. Block 1. Amended Subdivision Plat Rearranaement of Block 1. Bridaer Center Subdivision: (6) from The Fulmont. LLC. for 25-foot-wide Sewer Pipeline and Access Easement and Aareement across Lot 1. Block 1. Amended Subdivision Plat Rearrangement of Block 1. Bridaer Center Subdivision: (7) from Jav Fulwiler for Public Street and Utilitv Easement across Tract A. COS No. 27a: and (8) from Jav Fulwiler for Storm Drainaae Easement across Tract A. COS No. 27a Acknowledge receipt of application for annexation of 50.58 acres described as Tract 1. COS No. 2050 - Sandan. LLC: refer to staff (for Cattail Creek Subdivision. Phase III) Claims It was moved by Commissioner Hietala, seconded by Commissioner Krauss, 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 Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Public comment No public comment was received under this agenda item. Public hearina - Certificate of Appropriateness to allow (1) removal of shed roof on existing rear carport and replacement with hip roof: (2) conversion of north end of rear carport into covered patio area: (3) demolition of existina 256-sauare-foot rear shed: (4) demolition of existing 1.596-sauare- foot. two-stOry sinale-household structure: and (5) construction of new 1.356-sauare-foot. two-story sinale-household structure on the east 104.6 feet of Lot D and adiacent 25 feet bv 104.6 feet. Guv's Second Addition. with deviation from Section 18.42.100 to allow new construction within the minimum 75-foot setback from Bozeman Creek - H.P. Hall. Jr.. 314 East StOry Street (Z-04026) This was the time and place set for the public hearing on the Certificate of Appropriateness 03-15-04 ------- ....--..---.--- - 5- requested by H.P. Hall, Jr., under Application No. 2-04026, to allow for removal of the shed roof on the existing rear carport and replacement with hip roof; conversion of the north end of the rear carport into a covered patio area; demolition of the existing 256-square-foot rear shed; demolition of the existing 1,596- square-foot, two-story, single-household structure; and construction of new 1,356-square-foot, two-story, single-household structure on the east 104.6 feet of Lot D and the adjacent 25 feet by 104.6 feet, Guy's Second Addition, with a deviation from Section 18.42.100, Bozeman Municipal Code, to allow the new construction to be located within the minimum 75-foot setback from Bozeman Creek. The subject property is located at 314 East Story Street. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this application, the existing two-story house is to be demolished and a new two-story house constructed on the existing foundation. Additional modifications to the site include alterations to the carport, including a change in the roof form and conversion of a portion of it to a covered patio. One deviation is required, to allow the house to encroach into the 75-foot setback from Bozeman Creek. She stated the existing house is circa 1920 and, since that time, has undergone significant changes in design and use of materials that are inappropriate. As a result, the existing structure has been determined a non-contributing property in the district. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has found the existing footprint of the house is significant to the East Story Street character but rehabilitation of the existing structure in an historically sensitive manner would be extremely difficult to accomplish. As a result, staff supports demolition of the existing structure, with as many of the original features as possible being salvaged for re-use in the new structure. She concluded by noting no public comment has been received to date. Mr. H.P. Hall, applicant, stated he has lived in this house for over 33 years. He then voiced his concurrence with the staff report and indicated a willingness to respond to questions. Responding to questions from Commissioner Krauss, Mr. Hall stated that core samples of the basement foundation will be drilled and tested to determine if it will support the new structure. He then indicate that he proposes to put the floor joists for the new house on the inside of the existing foundation, supported by pony walls, with the existing foundation serving as a retaining wall. No one was present to speak in opposition to the proposed new structure. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Certificate of Appropriateness requested by H.P. Hall, Jr., under Application No. 2-04026, to allow for removal of the shed roof on the existing rear carport and replacement with hip roof; conversion of the north end of the rear carport into a covered patio area; demolition of the existing 256-square-foot rear shed; demolition of the existing 1 ,596-square-foot, two-story, single-household structure; and construction of new 1,356-square- foot, two-story, single-household structure on the east 104.6 feet of Lot D and the adjacent 25 feet by 104.6 feet, Guy's Second Addition, with a deviation from Section 18.42.100, Bozeman Municipal Code, to allow the new construction to be located within the minimum 75-foot setback from Bozeman Creek, be approved subject to the following conditions: 1. The new single-household construction shall be located on the existing foundation location; 2. The applicant shall salvage any original building materials of the existing structure that are physically and structurally sound and that may feasibly be intertwined with the new construction; 3. All new windows for new construction shall use non-reflective, exterior cladding material; 03-15-04 ----------.-- - -.-..------ .--- --...--- -...-..--.. "'...-- - 6 - 4. The applicant shall install boulevard trees along East Story Street at one tree per 50 linear feet of street frontage. The trees shall be installed within the property line. Applicant shall contact the Building Inspection Department to obtain the necessary boulevard tree permits. Applicant shall make sure that all locations for boulevard trees are located a minimum of ten feet from any service line (i.e. water, sewer, utility line); 5. Prior to building permit approval, the applicants shall apply for water and sewer permits, subject to approval by the Water and Sewer Department; 6. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void; and 7. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 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. Public hearing - amendment to master plan for Bogert Park to allow water slides in coni unction with Bogert Pool This was the time and place set for the public hearing on an amendment to the master plan for Bogert Park to allow water slides in conjunction with Bogert Pool. Distributed just prior to the meeting was a memo from Historic Preservation Planner Allyson Bristor, dated March 15, forwarding the proposed language to be included in the park master plan. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that the master plan for Bogert Park, adopted by the City Commission in June 1992, identifies Bogert pool, constructed in the late 1930s, as one of the significant elements within the park. The plan includes enlarging of the deck area to the west to help reduce pedestrian congestion and, since adoption of this master plan, the deck has been expanded to both the west and the south. The expansion to the south was designed to accommodate a water slide; however, a water slide is not contemplated in the master plan. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings and the evolution in recreational opportunities, staff has determined that allowing a water slide in conjunction with this pool is appropriate. As a result, staff recommends that "water slide recreational uses" be added to the allowed uses within the park boundaries. Mr. Brian Close, 406 East Olive Street, voiced support for the proposed amendment. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the amendment to the master plan for Bogert Park to allow water slide recreational uses within the park boundaiy be approved and that the following sentence be added on Page 93: "2004 Update. On March 15, 2004, the City Commission granted approval to amend the Bogert Park Master Plan to allow water slide recreational uses within the park boundary." 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. 03-15-04 --- --------...-- --------- ._.______._....______. .__u_.. ..__ - 7 - Public hearina - Certificate of ADDroDriateness - to allow construction of two water slides at the south end of the Boaert swimmina Dool. 327 South Church Avenue (Z-04021) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by the City of Bozeman Recreation Division under Application No. Z-04021, to allow the construction of two water slides at the south end of the Bogert swimming pool, located at 327 South Church Avenue. Distributed just prior to the meeting was a memo from Historic Preservation Planner Bristor, dated March 15, forwarding an additional condition for this application. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this application, a large water slide is to be erected on the south end of Bogert pool and a smaller slide will be located on the west side of the pool, close to its south end. She stated that the design and dimensions contained in the staff report are an approximation since the Recreation Department is currently soliciting bids for the larger slide. She noted the slide is to be 26 to 28 feet tall, covering 600 to 700 square feet of the south deck. The smaller slide is to be 8 feet high and cover 3 square feet of the deck. The Historic Preservation Planner noted that staff has evaluated this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that Bogert pool was the first public pool in the city, and has remained actively in use for over sixty years. She indicated that Neighborhood Coordinator Tracy Oulman coordinated a meeting of the residents in late 2003 and, at that meeting, the neighborhood representatives expressed general satisfaction with the proposed water slide. She stated that, while the large slide will be a significant addition to the built environment, it is similar in height to surrounding structures and houses and is within the height limitations in the zone code. Its footprint will cover 35 to 40 percent of the south deck but will leave adequate space for pedestrian circulation. Historic Preservation Planner Bristor indicated that staff has received no public comment to date. She then concluded by forwarding staff's recommendation for approval, subject to four conditions. Responding to Commissioner Krauss, Bogert Pool Manager Jesse Blaylock stated the water slide is included in the Fiscal Year 2004 budget. He indicated that funding of this slide is a combination of donations over the past 25 years, a $15,000 grant, and General Fund monies. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of Appropriateness requested by the City of Bozeman Recreation Division under Application No. Z-04021, to allow the construction of two water slides at the south end of the Bogert swimming pool, be approved subject to the following conditions: 1. Upon the applicant's decision on a final design for the larger water slide structure, schematic drawings depicting such design shall be submitted to the Department of Planning, and will proceed through an additional Administrative Design Review process before final Certificate of Appropriateness approval is granted. 2. Prior to building permit approval, the applicant shall apply for water and sewer permits, subject to approval by the Water and Sewer Department. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Master Park Plan Text Amendment and the Certificate of Appropriateness applications. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 03-15-04 ....-.....-.--..-..--- -....-..".........-.-.--..- .- ..--.-.---- ._.n. __.._..__....._...."..._ - 8- 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. Commission Resolution No. 3663 - intent to create 2004 Sidewalk Program: set public hearina for April 5 Included in the Commissioners' packets was a copy of Commission Resolution No. 3663, entitled: COMMISSION RESOLUTION NO. 3663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2004 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Distributed just prior to the meeting were several e-mail messages from residents of New Hyalite View Subdivision. Acting City Manager Gamradt reminded the Commission that the staff report was presented at last week's meeting. Mr. Dan Biggerstaff, 1409 Ash Drive, noted that New Hyalite View Subdivision has an excellent safety record for over forty years without any sidewalks; therefore, the proposed sidewalks do not meet the No. 1 criteria of public safety. In fact, he suggested that the installation of sidewalks could result in additional on-street parking, and snow removal could result in increased problems for pedestrians. He stated there does not appear to be a public need for sidewalks, and a survey has revealed 75 to 80 percent of the residents are opposed to the idea. There are no shops or schools in the area, and it is well connected by trails and the asphalt path along Highland Boulevard. He noted that staff has addressed the practicality of construction in its staff report, identifying several areas where it will be costly and difficult to install sidewalks and then difficult to keep snow and ice off those walks. He concluded by questioning whether it is fair to require the installation of sidewalks in this subdivision. Mr. John Getty, 1447 Ash Drive, noted there is substantial public opposition to the installation of sidewalks in this neighborhood. He then indicated his support for a public hearing to give those residents an opportunity to submit their comments. Commissioner Youngman noted that Neighborhood Coordinator Tracy Oulman has sent a letter to residents notifying them that April 5 has been tentatively identified as the date for holding a public hearing on this issue; and she feels it is appropriate to follow through with the hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3663, stating the City's intent to create the 2004 Sidewalk Program and setting the pUblic hearing for April 5. be adopted. 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. Commission Resolution No. 3665 - amending the purpose and scope of the Community Alcohol Coalition and establishina a sunset provision Included in the Commissioners' packets was a copy of Commission Resolution No. 3665, entitled: COMMISSION RESOLUTION NO. 3665 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE PURPOSE AND SCOPE OF THE COMMUNITY ALCOHOL COALITION AND ESTABLISHING A SUNSET PROVISION. Commissioner Youngman noted that the additional language under the purpose of the Community 03-15-04 ----- ---- ......-.-..-- _n.__._.____ ..------.-.---.-..-----.-.--.----.-.- - 9- Alcohol Coalition (CAC) was included in previous documents but was not included in the final draft of the resolution creating the Coalition. Mr. Glen Puffer, Assistant Dean of Students at Montana State University, noted that "students who find themselves sideways of policy or the law" make their way to his office; and a majority of those offenses and incidents are related to alcohol. As a result, he has a strong interest in any program that seeks to diminish or reduce the harm to students and others as a result of obtaining and consuming alcohol off campus. He expressed his appreciation for being named as a member of the Community Alcohol Coalition; however, he is concerned about the proposed sunset provision in this resolution. He suggested that, if the Commission wishes to eliminate the Coalition, the best way to do so is to pass the five initiatives identified by the initial task force. Since he doesn't anticipate that will happen, he noted the Coalition will continue to identify other mechanisms and steps for reducing the harm that results from underage and over- consumption. Ms. Jenny Haubenreiser, Chair of the Community Alcohol Coalition, stated that these revisions were briefly discussed at the last Coalition meeting. She recognized the rationale for including a sunset provision, particularly in light of the number of boards that have been created over the years. She is concerned, however, that it appears the Coalition is the only board for which this type of provision has been included. She noted that this group is significantly different from the task force, which was created for a six-month period and was charged with looking at existing policy and recommending new policy. The Coalition has been charged with a broad range of issues, including possible solutions, programming and education for as long as the problems of underage drinking and over-drinking exist. She noted that the Coalition represents a number of interests in the community and serves a valuable purpose. She concluded by ~tating the Coalition plans to make regular presentations to the Commission as it addresses the various Issues. Mr. Brian Close, 406 East Olive Street, forwarded his perception that the sunset provision is an attempt to undermine the efforts of the Community Alcohol Coalition to do something about underage drinking in the community. He read a letter from the President of the Gallatin County Licensed Beverage Association, dated June 10, 2002, announcing a meeting scheduled for June 19 to discuss the proposal to create a Bozeman Alcohol Policy Council and to discuss the smoking ban. He noted that the Mayor was opposed to the creation of the Community Alcohol Coalition, and he is concerned the sunset provision is yet another attempt to scuttle the Coalition's efforts. He concluded by aSking that action on this item be tabled until a full Commission is present. Mr. Dennis Alexander, member of the City-County Board of Health, stated that he, too, has concerns with the sunset provision. He noted that the provision, as drafted, does not include any criteria for the Coalition and the Commission to use in determining if the work of the CAC is necessary and important to the health and safety of the community. Without that criteria, he is concerned the work of the CAC and its continuation will become politicized. He commended the Commission for appointing the Community Alcohol Coalition, noting it is unprecedented. He characterized underage drinking and over-drinking as a major public health problem nationally, in Montana, and in Bozeman, and suggested that the City-County Health Board may have a role to play in the issue as well. Commissioner Krauss noted he is the one who requested the sunset provision be added, stating he feels it is important to have a review procedure after two years for any new board the Commission creates. He suggested that the criteria used for creating a board could also be used in its review. Responding to questions from Commissioner Krauss, Mr. Alexander noted data is available on the problems of underage drinking in Montana. He suggested that risk behavior surveys done for the community could be one of the criteria on which to base a determination of whether the Coalition needs to continue its work. He expressed a willingness to carry this issue to the City-County Board of Health for discussion, noting that Board may be able to develop criteria for the Coalition and the Commission to consider. He suggested that action on this resolution could be delayed until after the Board has had an opportunity to develop those criteria. Responding to Commissioner Krauss, Commissioner Youngman stated that the first of the ordinances designed to enact the recommendations of the task force are in draft form. She noted the housekeeping ordinance is ready for review by the officers of the Coalition and will then be submitted to the Commission for consideration. The ordinance enacting a keg registration requirement may not be enforceable due to State law and an Attorney General's opinion; and that issue needs additional research. 03-15-04 ..--.---.--.------ ...-.------- _._ _n.. _". ._._... -...--..--- - 10 - Some ofthe other recommendations may require additional Commissioner input before the draft ordinances can be finalized and submitted for consideration. Commissioner Krauss stated it is commendable to examine additional policies for the health of the community, and having the City-County Board of Health involved would be beneficial. He noted, however, he continues to feel that a review of the Coalition in two years would be appropriate. Commissioner Youngman suggested an alternative to the sunset provision might be to require an annual report from the Community Alcohol Coalition. She noted the Commission may choose to eliminate a board at any time and, as a result, a sunset provision is not needed. She proposed that if the sunset provision is to remain, the City-County Board of Health be asked to help determine criteria first. Commissioner Krauss voiced his continued preference for the sunset provision, questioning how many of the boards created by the Commission in the past five years have been terminated. He suggested that, after the initial two years, it may be possible to shift the long-term activities of this Coalition to the City- County Board of Health. Commissioner Youngman noted that it has been a year since the task force submitted its recommendations, and the Commission has yet to see the first ordinance enacting those recommendations. Since much of the Coalition's work involves education in the community and the schools, its work is being pushed back. She also noted that the initial terms of some of the Coalition members are for three years, which is longer than the sunset provision would allow. Mayor Cetraro expressed support for the resolution as written, stating that having a sunset clause may help Coalition members remain active and more focused on the vision, mission and goals. He also noted that it will help the Coalition as it reports back to the Commission. Commissioner Hietala suggested the criteria for determining whether the Coalition should continue can be developed within the next two years. He then suggested that each board should be asked to justify its existence. Responding to Commissioner Youngman, Staff Attorney Patricia Day-Moore stated that the sunset provision, as written, is not an automatic provision. Rather, if a majority of the Commission finds the Coalition is no longer doing work, it must vote to discontinue it. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3665, expanding the purpose and scope of the Community Alcohol Coalition and establishing a sunset provision, be adopted. 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. Appointment to the Downtown Bozeman Improvement District Board (lDB) It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Kendall Ditmar be appointed to replace Thomas Nygard as a non-voting member on the Downtown Bozeman Improvement District Board (IDB), with an initial term to expire June 30,2007. 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 ) Letter from Jim and Rosemary Doyle, 1133 North Spruce Drive, dated March 8, stating opposition to the installation of sidewalks in the New Hyalite View Subdivision. (2) Letter of resignation from the Historic Preservation Advisory Board, as submitted by Melissa McPherson Summerfield. 03-15-04 ..--.-.--.-- -- -~.'.. ._~_.. - 11 - Commissioner Youngman asked if the reason for the frustration expressed in this letter can be identified; and suggested that Ms. Summerfield could continue to attend meetings in the meantime, until the issue has been resolved. Planning Director Epple suggested that changes in his staff could have contributed to the issues raised in the letter. (3) Letter from Gonnie Siebel, 609 North Montana Avenue, dated February 28, expressing concern about the proposed enlargement of concert facilities at the Fairgrounds. (4) Letter from Neighborhood Coordinator Tracy Oulman regarding the Bozeman Creek Neighborhood Association elections. (5) Memo from Deputy Clerk of the Commission Karen DeLathower forwarding comments from Betty Biggs in a telephone conversation regarding the parking structure and performing arts center project. (6) March 11 updated list of planning projects to be considered at upcoming Commission meetings. (7) Minutes from the December 10, 2003, meeting of the Community Affordable Housing Advisory Board. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 16, at the Professional Building. (9) Agenda for the City Planning board meeting and joint Planning Board/Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, March 16, in the Commission Room. (10) Acting City Manager Gamradt stated he attended a meeting in Helena last Monday regarding the new health insurance provider organization proposed by the Montana League of Cities and Towns. He noted that most of the larger cities in Montana are currently self-insured; but if all cities join the new organization there is a potential of 4200 members. The new program would be similar to the statewide pools under the MMIA; and participating in it could result in reduced administrative fees for the City of Bozeman. (11 ) Planning Director Epple noted that the number of applications being submitted for planning projects is increasing, as evidenced by the Development Review Committee agenda. (12) Director of Public Service Debbie Arkell noted that what was reported as a pothole in the 300 block of North Rouse Avenue this morning turned out to be a collapse in the 39-inch clay storm sewer under the roadway. She indicated the repair should be completed tomorrow. (13) Commissioner Youngman noted that the e-mail from Rab Cummings and Michele Carey, 1109 Holly Drive, included some good suggestions to enhance pedestrian movement in the area. She noted there are no curb cuts from the New Hyalite View Subdivision to the multi-use paved trail on the west side of Highland Boulevard, making it extremely difficult to access that trail. She suggested that, in addition to adding those curb cuts and some type of surface to reach the paved trail, either crosswalk signage or striping be added. Another suggestion in that letter was that trail connectors be added from the streets within the subdivision to the trail around the perimeter of the subdivision. She noted that these could be incorporated into the Trails Day projects, at little cost. (14) Commissioner Youngman read a letter she received from Kris Drummond after his attendance at a Commission meeting for his scout project, noting it is interesting to receive a child's viewpoint of the meeting. (15) Commissioner Krauss reminded Commissioners that he will not be present at next week's meeting. (16) Commissioner Krauss noted that, due to legislative changes, there is now no mill levy authorization for a study commission. He proposed that adding a mill levy to support the study commission 03-15-04 -- ..- -...---...-- --".- __._____.______.____.____n_....._. .._. . ....__ .-..--- --... -------------- - 12 - be placed on the June ballot. when electors vote on whether to create a study commission, rather than on the November ballot. The Commissioners concurred. (16) Mayor Cetraro noted that the City of Kalispell uses "Hear from the Public" rather than "Public Comment" on its agendas. He also noted that the agenda item immediately prior to that is a time for student comment and suggested that may be worth considering as the Commission undertakes revisions to its agenda in the near future. Adjournment - 8:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those ting No, none. . CETRARO, Mayor ATTEST: ~ J .d~~ ROBIN L. SULLIVAN Clerk of the Commission 03-15-04 ----- ..--- _ ...__.__._n..____.___ _n. ._.._.___