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HomeMy WebLinkAbout2000-11-20 Minutes, City Commission ---.----.------ MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA November 20, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 20, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that Commission Resolution No. 3416, intent to create SID No. 669, be removed from this agenda, and placed on next week's agenda. Reauest for Dermission to address Commission - Mark Haaaerty, Greater Yellowstone Coalition Mr. Mark Haggerty stated that the Greater Yellowstone Coalition is bringing in speaker Stacy Mitchell to talk about how to protect Main Street and what to do about big box stores. He distributed a short bio and information on the items to be addressed, noting that the speaker provides good . examples of what other communities has done to protect Main Street. He asked the City Commission to co-sponsor the presentation, stressing no money is involved. He indicated that the presentation will be made in the evening of Thursday, November 30, and events will be planned for various public groups and elected officials during the day. Responding to Mayor Youngman, Mr. Haggerty indicated he has spoken with other groups about co-sponsorship but not received any firm commitments to date. Each Commissioner indicated his/her response to this request. As a result of those comments, a majority of the Commissioners were willing to co-sponsor the presentation; Commissioner Smiley stated she cannot support co.sponsorship although she is interested in gathering information. Minutes - January 18, January 24, January 31 , February 7, February 14, June 19, Julv 17, October 2, October 1 6, November 6 and November 1 3, 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of October 16 be approved as amended and that the minutes of the meeting of November 13, 2000, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. . Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24, January 31, February 7, February 14, June 19, July 17, October 2 and November 6, 2000, to a later date. 1 1 -20-2000 - 2 - ADDlication for Kennel License. Michael and Shannon Clark. 430 Oxford Drive. Calendar Year 2000 . Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated October 16, forwarding her findings after reviewing the subject property. Animal Control Officer Lien stated that the applicants have a fenced yard and kennel area; and their three dogs are spayed or neutered. She noted that she has received no complaints to dated, and forwarded her recommendation for approval of the application. No one was present to speak in support of or in opposition to the issuance of the kennel license. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the application for kennel license as submitted by Michael and Shannon Clark, 430 Oxford Drive, for Calendar Year 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No. 1529 - revisina Sections 12.24.020, 12.24.040 and 12.24.050 and add Section 12.24.045, clarifvina and amendina the reauirements for removal of all snow or ice from sidewalks Included in the Commissioners' packets was a copy of Ordinance No. 1529, as approved by the City Attorney, entitled: . ORDINANCE NO. 1529 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONT ANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 12.24.020, 12.24.040 AND 12.24.050. CLARIFYING WHEN THE REMOVAL OF ALL SNOW OR ICE FROM SIDEWALKS IS REQUIRED, REMOVING THE REQUIREMENT FOR AN ASSESSMENT RESOLUTION TO BE PASSED BY THE FIRST MONDA Y IN OCTOBER. AND REVISING THE CODE TO MAKE IT CONSISTENT WITH MONTANA MISDEMEANOR CRIMINAL PENALTIES; AND BY ADDING SECTION 12.24.045. REQUIRING THE ESTABLISHMENT OF AN APPEALS PROCESS. Staff Attorney Patricia Day-Moore presented the staff report. She stated that this ordinance implements three revisions: (1) deletes the requirement that the assessment resolution be passed by the first Monday in October; (2) clarifies when sidewalks are to be cleared; and (3) adds a requirement for an appeals process. She stressed that an appeals process has been developed administratively and used for several years; however, this revision makes that a requirement and provides better notification to the public. Responding to questions from Commissioner Frost, Staff Attorney Day-Moore stated the charges for snow removal are to cover the costs of the contracted work. She indicated that the ordinance revisions do not cover requirements for photographing the sidewalk before and after the work is completed; rather, she suggested that would be more appropriately addressed in the contract . for snow removal. She stated that failure to provide the picture documentation would then be considered a breach of the contract and could be handled accordingly. 11-20-2000 - ----- -----.- .-.-- - --.----------.--.. - 3 - City Engineer Craig Brawner noted that for the past four or five years, the contractor has taken . before and after pictures; however, in the latest appeal to the Commission, the "before" picture was taken 1 % to 2 weeks before the snow removal took place. He then encouraged the Commissioners to not put the requirement for pictures in the ordinance; rather, that they allow staff to manage the program administratively. In response to questions from Commissioner Frost, Engineering Assistant George Durkin indicated that the contract stipulates the contractor is to have the snow removed from the identified sidewalks within 24 hours of notification. City Engineer Craig Brawner briefly highlighted the timelines followed in enforcing the snow removal ordinance. He noted that residents have 24 hours after the cessation of snowfall to clear their sidewalks; failure to do so results in a courtesy tag that gives another 24 hours for clearing. If the sidewalks are still not cleared, the snow enforcement officers prepare a list of sidewalks, and that list is then double checked before being forwarded to the contractor. He stated that, given the times involved, it is not uncommon for a sidewalk to be cleared a week after the snowfall has occurred. He stated that if City staff has checked the sidewalk and turned it over to the contractor and the contractor has subsequently done the snow removal, the property owners should be required to pay the costs. Ms. Evelyn Peterson, 325 North Montana Avenue, stated she keeps her 150-foot frontage and her driveway clean, but many of the sidewalks in her area are not cleared, leaving the sidewalks essentially unwalkable. She asked if the City has had this requirement in the past and, if so, why it has not been enforced. She also questioned why the north side of the community is always the last on the list of street maintenance activities, including the fall leaf pick.up. . City Engineer Brawner stated the snow removal enforcement program has been in place for at least eleven years. He noted that this is an incentive program whose major thrust is public education and, with the existing level of funding, enforcement efforts are minimal. He also noted that the curb sidewalks pose unique enforcement problems, and must be handled in a fair and equitable manner. Mr. Bob Savage, 314 South Grand Avenue, stated his mother lives on West College Street; and having the snow plows plow snow back onto freshly cleared sidewalks is a continual problem. He noted that people should not have to pay for multiple clearings of sidewalks; rather, those plowing the streets should be more careful. Mr. Rich Noonan, 115 West Cleveland Street, stated that for the past three years, he has lived with the noise of contractors beginning their sidewalk clearing early in the morning. He recognized that the nuisance ordinance could be used to address that issue, and suggested that the two ordinances be linked in the code. City Attorney Luwe stated there are prohibitions against disturbing the peace and nuisances, either in the City code or in the State statutes. He indicated that staff will provide copies of those provisions to the Commission prior to the final adoption of this ordinance. Responding to Mayor Youngman, City Engineer Brawner indicated there are administrative issues to be addressed with the Street Department crews, in an effort to minimize the problems that . have been raised. He suggested those might include driving slower to minimize throwing snow back onto the sidewalks or clearing the sidewalks along priority routes after clearing the streets. 11-20-2000 - --.-..--- .---.---------.---.--- - 4 - Director of Public Service Debbie Arkell stated that she has been working with the Street Superintendent to get the crews to slow down. She then noted that, in light of Commission direction, . the crews are not plowing residential streets this year; rather, they will be concentrating on better clearing of the priority routes. She stressed, however, that curb sidewalks will still create problems because the snow will be plowed up onto them. Commissioner Frost suggested that the Police Department be reminded they need to enforce the nuisance ordinance. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No.. 1529, amending and clarifying the requirements for removal of snow or ice from sidewalks, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Staff Dresentations for Fiscal Year 2000-2001 budaet -- budaets for (A) City Manaaer, (8) City Commission. (C) City Attorney, (D) Finance. (E) MuniciDal Court and (F) Plannina and Zonina City Manager Clark Johnson stated this is the beginning of staff presentations on budgeting that will continue over the next few weeks. (A) City Manager. City Manager Johnson gave a power point presentation on the activities in his office, providing copies of that presentation for the Commissioners. . The City Manager gave an overview of the GIS program, noting that getting started has been the hardest part. He noted that GIS Manager JOI1 Henderson has been working to ensure the base map is qccurate, so the overlays will accurately depict lot lines when used in conjunction with the satellite imagery being undertaken under a pilot program that has resulted in significant cost savings to the City. He noted that the GIS Manager is also redrawing the zone map, and the result will be the ability to quickly determine the acreages of various zoning designations. He indicated that, if the Commission Room is wired for computer connections, the GIS information will be available during Commission meetings. He noted that a contractor has been hired to locate all hydrants in the community; and he has found 200 more than previously had been identified. The City Manager turned his attention to the computer networking operations, noting that former Network System Administrator Dennis Cruise did a great job of developing a system "for no money"; and that initial equipment is being replaced with upgraded equipment as it fails. He stated that Network System Administrator Aaron Hagen has developed a reliable backbone for the system, which now includes 255 personal computers, some of which are served through dial up systems. He noted that computer networking has greatly improved communications and allowed for shared resources. He stated that the Network System Administrator has also worked with the County to create a system that allows for 9-1-1, the Police Department and the Sheriff's Department to communicate even though they operate on different platforms. City Manager Johnson briefly highlighted various activities which have been undertaken by Assistant City Manager Ron Brey during the past year, including the City-wide reclassification, the . conversion to self-government powers, rewriting of the zone code, an agreement with the County for development beyond city limits, and a performance measurement system that ties salaries to market as well as employee performance. 11-20-2000 - 5 - The City Manager noted that monies for organizational stability were included in last year's budget; and he has taken steps to provide for continuity of management and leadership over the past . year, including designating different people to serve as Acting City Manager in his absences. He also stressed the importance of having all of the management positions documented, so someone new can step in and continue the operations. He indicated the next step will be developing a five.year business plan for the City, similar to those that any private business would develop. He noted that, in preparation for this step, he plans to bring in a week-long High Performing Government program from the University of Virginia as well as a Next Level Business Planning program that is tailored for local governme~t. He stated that, through lease negotiations with the College of Technology, which is located in the basement of the Professional Building, many City employees have been able to enroll in various computer classes at no cost. City Manager Johnson gave an overview of what he envisions in the upcoming year, including continued workplace environment upgrades. He noted this includes a new City Shop complex and possible relocation of City Hall to the East Willson School. Other items include a performance salary system, and improved communications with the public through the web page and through a quarterly newsletter. He noted that staff is looking at possibilities for reorganization under self-government powers as a way to gain efficiencies in operation. He also voiced his interest in creating a certification program, under which plans submitted engineers and other professionals who have met certain criteria and standards can be processed in an expedited manner. He concluded by indicating he anticipates that next year's budget request will be similar to this year's, with the addition of one person to assist in the computer networking area. Responding to Commissioner Frost, the City Manager stated that the electronics area will need continued funding to both maintain and upgrade the current system, and stressed the importance of . staying abreast of new technology. (C) City Attorney. City Attorney Paul Luwe gave a power point presentation based on last year's presentation, copies of which he distributed to the Commission. He asked for Commission policy direction for Fiscal Year 2002, including questions on code enforcement, increased in.house handling of litigation and increased parking enforcement. He cautioned that affirmative responses could result in the need to add either one staff attorney or one legal secretary, and indicated he views that policy direction as part of a five.year plan. The City Attorney briefly reviewed the staffing of his office and the vision statement, mission statement, goals and outcomes that they have identified. He noted that, under self-government powers, some additional restructuring may be possible since many of the current statutory requirements for legal review will be removed. He cautioned that those changes will result in transferring responsibility back to various departments, which may result in a greater risk of liability. City Attorney Luwe stated that the attorneys have been assigned to various departments, and are working to be proactive in addressing issues in those areas. He noted that, while this has been well received, it is difficult to adequately serve all of the departmental clients. The City Attorney provided information on the current year's budget and how well his department has met its performance measures. He noted that efforts to reduce compensatory hours and vacation hours and the attendant liability are reflected in the workload indicators. He stated that . the number of parking complaints has dropped from 3,065 to 1,188 and the parking revenues have dropped accordingly. He noted this is the direct result of no longer dedicating one secretary to that 11.20-2000 ..... --....-..-. ..--.--..- ...-....--.--.. - 6 - program. He noted that a careful watch on liability claims filed has reflected a significant increase this . year, and his department is taking a proactive role in ensuring those claims are decreased. Commissioner Kirchhoff left the meeting at 4:45 p.m. The City Attorney reviewed the workload indicators for the court operations, noting that there was a reduction in the number of judge trials scheduled and held, due in part to the Police Department not writing as many citations; and that is reflected in the decreased revenues that Administrative Services Director Gamradt provided last week. He noted that the extraordinarily high number of status conferences compared to the number of jury trials held creates a workload on his office that may be unnecessary. He stated that an increase has been encountered in the number of jury trials requested, due in part to the conversion from City Court to Municipal Court. He suggested that, as people become used to the new process, that number will once again decrease. City Attorney Luwe noted that factors which may impact next year's budget include legislative changes, increased code enforcement, in-house litigation, increased workloads in other departments, and a possible decrease in workload in his office due to the conversion to self-government powers. He noted that Bozeman is the only City in Montana that has chosen to handle revocation proceedings, and stated one option would be to transfer those proceedings to the County. The City Attorney concluded by forwarding his long-term forecast, which includes one additional attorney, one additional secretary and new office space. He noted that his office handles confidential information; and the current office configuration makes maintaining that confidentiality very difficult. He indicated that this year's budget includes monies for a summer intern, and the remainder of those monies will be included in next year's budget requests. . (E) Municipal Court. Municipal Judge Patricia Kyle Carlson stated she is trying to find various ways to reorganize the Municipal Court employees to generate efficiencies and not seek additional staffing. She noted that, with the computers and recording system in the Court Room and with the Clerk entering the information into the computer, efficiencies have resulted in the completion of paperwork. She also noted that, with people immediately taking their paperwork to the front counter upon completion of their court proceedings, the disruptions in court are minimized. Municipal Judge Carlson stated that citations have not increased from 1999 to 2000, and the parking summons have dramatically decreased, from 2,241 to 1,128. She noted that judge trial requests have remained essentially the same and jury trial requests are up. She suggested that, once a few appeals of Municipal Court decisions to District Court have been acted on, those numbers will once again decrease. She noted that driving under the influence (DUll citations are running steady, at between 300 and 400 per year; however, minor in possession (MIP) citations are dropping, from 748 in 1997 to 487 in 1999. She noted that the domestic abuse cases are remaining steady at slightly under 100, and approximately 200 drug cases are handled each year. The Municipal Judge stated the only area of concern is collections. She noted that, under her new process, fines are due and payable immediately, particularly since she has found that the longer a fine is pending, the less chance there is of collecting it and the more paperwork is generated. She stated that the use of credit cards has helped in some instances; however, in many cases, the credit card is rejected. She noted that the fine is only a part of the sentencing requirements; others include . ACT counseling, community service or anger management training. She noted that compliance generates income, respect for the legal system and respect for the courts themselves. 11-20-2000 ---.-------.----.-.-.-.- --.-- ..-----.------ .-.-.... --... --- ----.----- ------- -.--.- --. n_ .______ _ _.___._________.__ ____.. .___._ ___.___.____ ___ _. ____._ - 7 - Municipal Judge Carlson noted that an employee recently terminated and, to fill that position, she obtained two temporary employees. She stated that, at her pleading, the City Manager and . Commissioners have authorized her to retain those temporary employees to work on getting warrants out. The result has been an average of eight to ten people in Court each day; more than $15,000 was collected last month; and she projects that more than $70,000 will be collected this month. She asked that an additional half-time position be funded for next fiscal year, with that person being dedicated to getting warrants and summons out in a timely manner, and estimated the revenues generated would be a minimum of $100,000. She also asked for funding for an audio system in the Court Room, particularly since the elderly jurors have difficulty hearing. Responding to Commissioner Frost, the Municipal Judge stated she anticipates the two temporary employees will be able to catch up the backlog of summons and warrants; and a new half- time employee would then be able to keep that workload up to date. Assistant City Manager Ron Brey noted that, as a result of recent changes, lower courts are unable to obtain information, based on license numbers, that had been readily available from the State. He stated that many of the Cities were able to contract with a private individual to obtain that information; however, because of its graduated fine structure, Bozeman was unable to use that resource. He noted that the City is now in the process of getting back on line, so tracking down unpaid parking tickets should once again become a .viable option. Municipal Judge Carlson concluded her presentation by noting that Prosecutor Susan Wordal has voiced an interest in revocation of sentences for those who fail to comply with their sentencing requirements. The Judge noted that, while she may be supportive of revoking the suspended portion of a sentence, she recognizes the tremendous workload, that would place on both the Attorney's office . and her office. (D) Finance. Administrative Services, Miral Gamradt gave a power point presentation, distributing copies of that presentation to the Commissioners. The Administrative Services Director,showed the Commission pictures of the space limitations in the Payroll Office and the computer area, noting one of his priorities for the upcoming year is renovation and possible expansion of the area. The Director stated that accomplishments during the past year include the completion of a five- year Capital Improvement Program (CIP) that is funded. He noted that the document must now be updated on an annual basis, and it provides the basis upon which larger items may be purchased. He stated that the City has received the distinguished budget presentation award for nine consecutive years; and the excellence in financial reporting' award for fifteen consecutive years. He noted that less than five of the budget awards are made in Montana annually; and, while more of the financial reporting awards are made annually, they are still' limited. He indicated that the installation of mainframe software has been completed, except for the land management and business license packages; and the employees have become more comfortable with it. He noted that the work areas for the employees on the main level have been improved, providing for a better work environment. The Administrative Services Director posed a policy question on whether to provide for improved computer literacy, noting that to do so will 'require hiring an additional computer person, He . showed a comparison of computer staffing levels for ,varicius cities, which revealed Bozeman is lower than other communities. He then identified services that could possibly be eliminated, which include business licensing and parking control. 11-20-2000 . __ n. _ _ _ .._____ _._.._... :' 8 - Assistant City Manager Brey noted that when the Parking Commission was reconstituted, it was directed to look at various options for operating the parking program and come back with . suggestions. He stated that the program may continue as it is, or the Parking Commission could choose to run it autonomously, moving the parking program from the City's general fund into its own financial composition. Responding to Questions from Assistant City Manager Brey, Administrative Services Director Gamradt stated that business licenses generate approximately $120,000 annually. Mayor Youngman presented the Distinguished Budget Award for Fiscal Year 1999-2000 to Administrative Services Director Gamradt, thanking him for the outstanding work that has lead to receiving this award for nine consecutive years. City Manager Johnson indicated that the presentations for the City Commission and the Planning/Zoning activities will be made at a later date. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from McPhie Cabinetry, dated November 8, voicing concern about the ever- increasing parking problems near their business. . (2) Cop-y of a thank you note to the "Person in charge of the trash picker uppers", dated November 2. (3) Copy of a letter from Christopher Williams to Superintendent of Schools Redburn, dated November 15, notifying him of a meeting of the neighbors of the Bozeman High School, scheduled for 7:00 p.m. on December 5. (4) Letter from Esther Nelson, dated November 11, commending the Commission for attending the National League of Cities conference. (5) Invitation to attend the open house and holiday celebration at the Berg Law Firm beginning at 4:00 p.m. on December 1. (6) Letter from Jerry Perlinski, Town and Country Grocers, dated November 13, voicing concern about the proposal to install medians and curb bulbs adjacent to Kirk Park on North 20th Avenue because of the negative impacts they will have on large delivery trucks and emergency vehicles. (7) Copy of the garbage collection schedule during the Thanksgiving holiday. (8) Memo from Director of Public Service Arkell, dated November 17, forwarding the snow plowing procedures notice to be published in the newspaper. . (9) Minutes from the Montana Transportation Commission meeting held on September 28 and the telephone meetings held on September 28 and October 24, 2000. 11-20-2000 ---..---.-- - 9 - (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 21, at the Courthouse. . (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 21, at the Professional Building. ( 12) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 21, in the Commission Room. (13) Commissioner Frost stated that thirteen people were present at the neighborhood coordinating meeting last week. He noted the next meeting will be held on December 12, and asked if monies are available for mailing of notices for that meeting. Mayor Youngman noted that, to date, information has been forwarded through e-mail, but recognized that a more formal process may be better. She suggested that monies could be expended from either the City Commission budget or the Planning budget for the necessary mailings. In response to comments from Commissioner Frost, Mayor Youngman stated the VISTAs are planning a training session to teach the neighborhood council members how to organize and pull groups together and how to get their ideas across; and that should help the members take control of their meetings, rather than relying on the VISTAs. (14) Commissioner Brown noted that, to date, call data for 9-1-1 is not being collected; however, they hope to start that process on December 3. He then noted that the County has voted to fund their share of two additional staff members. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledae receiDt of aDDlication -for vacation of 150-foot-lona section of allev adiacent to lots 7 ~ 1 2 and 13-18, Block 1 17 , Northern Pacific Addition: refer to staff Commission Resolution No. 3416 - intent to create SID No. 669 - sidewalk and liahtina imDrovements in downtown area; set Dublic hearina for December 18, 2000 COMMISSION RESOLUTION NO. 3416 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RElA TING TO SPECIAL IMPROVEMENT DISTRICT NO. 669; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN lOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT . DISTRICT REVOLVING FUND. 11-20-2000 ----.-- - 10 - Authorize Citv Manaaer to sian - Annexation Aareement between Citv and Euaene Graf . III for BonTon. Inc.. of Billinas (1.37 acres described as a portion of the abandoned Chicaao. Milwaukee. St. Paul and Pacific Railroad riaht-of-wav (between Fiaains Addition and Allison Subdivision) Commission Resolution No. 3417 - annexina 1.37 acres described as a portion of the abandoned Chicaao. Milwaukee. St. Paul and Pacific Railroad riaht~of-wav) (between Fiaains Addition and Allison Subdivision) COMMISSION RESOLUTION NO. 3417 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA. PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND. HEREINAFTER DESCRIBED. TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Approve final plat for Allison Subdivision. Phase II (subdivide 61.492 acres located in E%. Section 24. T2S. R5E. MPM. into 24 sinale-familv residential lots ~ Bon Ton. Inc. (P-9932) Approve final plat for Delanev/Cox Amended Minor Subdivision (Amended Subdivision Plat of Lots 1 and 2. Block D. Rouse Addition: Tracts A and B. COS No. C-23-A9: Tract 3. COS No. 2066: all of Block 31. Northern Pacific Addition. which includes Tract 2. COS No. 2066: and that part of Ida Avenue and all of . the allev adioinina Block 31 of Northern Pacific Addition (northwest corner of intersection of East Main Street and Broadwav Avenue) (P-0026) Acknowledqe receiPt of application for annexation - Cape/France Enterprise - annex 38:t acres described as Tracts A-1 and A-2 (alona south side of Vallev Center Road. north of Gallatin Center): refer to staff Reauest for one-vear extension of preliminarv plat for West Babcock Street Manufactured Home Court - subdivide 20.1542 acres located in the SW% Section 11. T2S. R5E. MPM into 92 spaces for lease (south side of 2700 block of West Babcock Street) (P-9723) Authorize Citv Manaaer to sian - Amended Exhibit" A" to the Second Memorandum of Understandina. Compostina Feasibilitv and Implementation Proiect Authorize Citv Manaaer to sh:m - Vallev West Pavback Aareement for Street Improvements - between City and Vallev West. LLC Authorize Citv Manaaer to sian - Vallev West Pavback Aareement for Water Improvements - between Citv and Vallev West. LLC Authorize Citv Manaoer to sian - Vallev West Pavback Aareement for Sewer . Improvements - between Citv and Vallev West. LLC Buildinq Inspection Division report for October 2000 11-20-2000 - 11 - Claims . It was moved by Commissioner Brown, seconded by Commissioner Frost, 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Recess. 5:35 c.m. Mayor Youngman declared a recess at 5:35 p.m., to reconvene at 7:00 p.m.. for the purpose of conducting the scheduled public hearings. Reconvene M 7:00 C.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Conditional Use Permit. US West Wireless - allow construction of a PCS wireless small scale broadcast facilitv in Josechine Park, located in Graf's First Subdivision, Phase II, leClair's Rearranaement (1632 Kenvon Drive) (Z.00143) . This was the time and place set for the public hearing on the Conditional Use Permit requested by US West Wireless under Application No. 2-00143, to allow construction of a PCS wireless small scale broadcast facility in Josephine Park, located in Graf's First Subdivision, Phase II, LeClair's Rearrangement. The subject property is more commonly located at 1632 Kenyon Drive. Mayor Youngman opened the public hearing. Associate Planner Chris Saunders presented the staff report. He stated that under this application, a small scale broadcast facility is to be installed at the City's existing water tank in Josephine Park; and the facility is to include three antennae on the tank and a four-foot by six-foot equipment rack, containing the equipment and battery backup, on the ground. He reminded the Commission that one carrier currently has an antenna on the tank; and the three new antennae would be positioned so that all of the antennae are equally spaced around the tank. The Associate Planner stated that. following Development Review Committee consideration and comments from adjoining neighbors, the staff has forwarded a recommendation for relocation of the equipment rack from the northwest side of the tank to the northeast side, where it will result in less visual intrusion to the adjacent residential neighborhood. He indicated that, further in response to concerns about visual intrusion, the antenna'e and mountings are to be painted to match the tank; and the antennae are not to protrude above the top of the tank. He noted that the installation will emit 16 watts of total power. He stated that the existing site is operated by 3 Rivers Wireless, and coordination of the facilities is essential to avoid interference. . Associate Planner Saunders stated that this application has been reviewed in light of three separate sets of criteria in the zone code, and staff's comprehensive findings are contained in the 11-20-2000 . , - 12 - written staff report. He noted that, during initial review of the application, questions arose about gaining access to the site and the existing easement. He stated it has since been determined adequate . access is available, so proposed Condit-ion No.4 can be eliminated. He briefly highlighted the remaining conditions recommended for approval of this application, noting they relate to coordination of the location of equ'ipment and preserving the City's use and security of the site. The Associate Planner stated that, on a related but separate matter, adjoining landowners have submitted a petition requesting that revenues,that might be generated from allowing antennae on this site be used for improving Josephine Park. Responding to Commissioner Brown, the, Associate Planner stated that the City has an easement across private land which gives direct access to the City and permittees. Furtl:1er responding to Commissioner Brown, Assistant City Manager Brey stated that the City did purchase one lot to the southwest of the tank, and subsequently sold it to an individual who built a house on it. Mr. Wayne Rogers, representing US West Wireless, or Qwest, distributed some computer simulations of the site to the Commissioners. He stated they have several sites throughout the area, and characterized this particular site as advantageous because of its high location. He recognized the difficulties associated with locating this type of facility in a residential area, and identified the measures for mitigating the impacts. He stressed that there will be no fans or motors; this will be a silent fixture. He noted that the equipment rack is to be located on a six-foot by six-foot wire mesh, mounted at ground level on poles. . Ms. Margo Parker, 1716 Kenyon Drive, stated the residents are concerned about the increasing number of requests for use of the water tank for this type of installation and the attendant increase in traffic. She also voiced concern about these installations resulting in an eyesore and decreased property values for adjacent properties. She stated that her property backs up to the current installation, and they have lost the enjoyment of their back yard and the ability to open windows because of the hum generated by that site. She forwarded the neighborhood's position that the current installation is detracting and has' devalued 'their properties and asked that the Commission consider the residents as they make decisions on this and future requests. She noted that, while the installation on the tank has been addressed, she feels it is important to also address what is installed on the ground. She concluded by asking that the Commission consider the request in the petition prior to making a decision on this proposal. Ms. Holly Brown, 'attorney representing Mr. Ken LeClair, noted her client owns the lots immediately adjacent to the current installation, and it is his property through which the easement passes. She stated the original easement is limited.strictly to providing access to the water tank and was not designed for general use. She noted, however, that when the plat was filed, it showed the easement and included general language rather than the specific language in the easement. She questioned whether the specific language of the easement prevails, since it was referenced by film and page on the face of the plat. Ms. Brown stated that Mr. LeClair shares the concerns of the other property owners, particularly since those lots close to the water tank are impacted by the current installation. She . noted that the City moved the fence around the, water tank in ten feet to allow access along the perimeter of 'the fence, so the current provider had, access to the transformer. She noted that white slats have been woven into the chain link fence around the transformer to screen it from view; and 11-20-2000 - 13 - that "white fence is worse than the water tower". She stated that the hum is very audible and . directly impacts the value of the properties: and the traffic generated by the utility is also detracting. She stressed that the residents are not objecting to the installations on the tank, but to the ground installations. She recognized one City concern is to ensure the providers do not have access to the water tank; however, she suggested that moving the new ground installation further from the residences may be appropriate. Mr. Wayne Rogers stated that the ground installation has been moved from the northwest to the northeast side of the tank to help obscure it from property owners. He stressed that their equipment is not the same as that currently on the site, and that no noise will be emitted from it. He concluded by stating they are not adding any fences; rather, they will use the existing fence around the water tank. Responding to Commissioner Frost, Mr. Rogers estimated that employees will generally visit the site once every two months, for approximately fifteen to twenty minutes. Responding to Commissioner Smiley, the Associate Planner stated that the cooling fans currently on the site are operated by 3 Rivers Wireless. He noted the site is screened by a chain link fence with slats; however, that does not provide any noise mitigation. He suggested that, if the current equipment is found to not be in compliance with the zone code, the City could require 3 Rivers Wireless to mitigate the problem or replace the equipment. Responding to questions from Commissioner Frost, Associate Planner Saunders stated it is not unusual to have easements straddling lot lines, and those easements typically include the right of passage for equipment of a utility. He suggested that, on that basis, a telephone company would . probably qualify. He then indicated that when a company needs access to its equipment on the water tank, it must contact City crews to gain access, since the tank is in a completely fenced and gated area. He indicated that, since the ground equipment is located on City property outside the fenced area, the utility companies can gain access to it via the City property. He also noted that, since a certain amount of physical separation is required so the antennae do not interfere with each other, the number than can be located on the site is limited. Responding to Mayor Youngman, the Associate Planner stated that the slats have been woven into the fence because the original ordinance identified an enclosure or visual barrier as desirable. He suggested alternatives would be a different style of fence or an enclosure. He then cautioned that landscaping will not address the noise issue, and cautioned there is no irrigation service available on the site, even though it houses the water tank. He noted that all landscaping, including xeriscape, requires watering until it is well established. Responding to Commissioner Smiley, City Manager Johnson stated that the City has a license agreement with 3 Rivers Wireless but has not yet negotiated one with Owest. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated that, based on the staff report, it appears this project would be a good one; however, he would like to see the problems with the 3 Rivers Wireless installation addressed if possible. . Commissioner Brown indicated his support for the proposed installation. 11-20-2000 - 14 - Commissioner Kirchhoff stated his support for this application. He suggested, however, that . the concerns about the 3 Rivers Wireless installation be addressed, that the loading capacity of the water tower be determined and that future planning be done for this site, to ensure additional problems do not arise. Commissioner Smiley voiced her concern about the noise issue, and how distracting it can be. She also indicated an interest in negotiating a different type of screening. Mayor Youngman indicated she is unwilling to waive the one-week waiting period for making a decision, stating she wants an opportunity to talk to staff about possible ways to mitigate the visual impact. As a result, this item is to be placed on next week's agenda for a decision. Public hearing - Maior Site Plan with Certificate of AoorODriateness - Sorinaer Graue Architects for David MacDonald. allow construction of the "StoneRidae Executive Offices" oroiect on Lots 3 and 4, Prooosed Amended Plat of StoneRidae Planned Unit Develoement Subdivision, Phase I (east side of North 22nd Avenue, between Charlotte Street and StoneRidae Drive) (Z-00149) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness. as requested by Springer Group Architects for David MacDonald under Application No. Z-00149, to allow construction of the "StoneRidge Executive Offices" project on Lots 3 and 4. Proposed Amended Plat of StoneRidge Planned Unit Development Subdivision. Phase I. The subject property is more commonly located along the east side of North 22nd Avenue, between Charlotte Street and StoneRidge Drive. . Mayor Youngman opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Temporary Planner Karin Caroline. He stated that under this application. three 5,OOO-square-foot office buildings are to be constructed on the lot at the corner of Charlotte Street and StoneRidge Drive. Commissioner Frost voiced his concern that the Commission has not seen the minutes from the Design Review Board meeting; and the memos from staff have address three items which have been changed. As a result. he indicated that the public hearing can be held; however. he is not prepared to make a decision at this meeting. Planning Director Epple stated that the Design Review Board requested several changes and new elevations. different from those reflected on the drawings before the Commission. were submitted to the Board at their meeting held on Tuesday. Responding to Commissioner Frost. Planning Director Epple confirmed that the materials remain the same on the new submittal. including vinyl. He stated that. because of the revised site layout. the DRB felt the variation in building materials and textures was no longer needed. Commissioner Frost stated that at the original DRB meeting. concern was voiced that the guidelines for materials were not being met; Planning Director Epple responded that was no longer identified as an issue at the last DRB meeting. He indicated that the main difference in the new . revised elevations is that the four doors on the rear of the building were eliminated. and the brick veneer wainscoting was continued around on the back of the building. 11-20-2000 ----. -- ,. ...,.---. ...-------- - 15 - Commissioner Frost voiced his concern with the back of a building next to a street, saying it "doesn't seem very neighborly". . Planning Director Epple recognized Commissioner Frost's concerns. He noted, however, that Charlotte Street is a private street and, in this planned unit development, the buildings have been oriented to where the customers and employees will be. Mr. Dave MacDonald, applicant, stated his goal is to develop office condominiums similar to the Oakwood Plaza on West Main Street. He noted this will result in 1,500 to 2,000 square feet per condominium unit. He stated that is comparable to the units in Oakwood Plaza; and the vast majority of those units have no back door. He noted that back doors on one of the buildings would open into a swale, on another building they would open into a creek, and on the third building they would open onto a street where there is no parking allowed. He indicated that he had did not request back doors on the units; they were an element added by the architect. Mr. MacDonald stated that more than the minimum parking is being provided on the site; and he proposes a green area with a picnic area in the center of the development. He noted that the new configuration breaks up the mass that will be viewed by the residential area to the west; and the different orientations will also help to provide more curb appeal for this project. He stated that the materials to be used include real brick and Color-lok or cedar prefinished siding. He noted that vinyl windows will probably be used because he has found they are better and lower maintenance than aluminum clad windows. He concluded by suggesting that, through the use of more extensive landscaping and screening of the utilities, a nice rear facade can be achieved for the building closest to Charlotte Street. . Responding to Commissioner Kirchhoff, Mr. MacDonald confirmed that Charlotte Street was constructed as a narrow private street with no parking allowed. Ms. Brooke Draves, 800 North 22nd Avenue, stated she is a new homeowner in the area; and she is very concerned about what is going on "in her back yard". She noted that conversations with Assistant Planner Caroline have suggested the site will be well landscaped, but she has not heard that during this hearing. She also asked if a fence is going to be constructed, and what the height of the buildings is to be. She voiced her support for a nice development adjacent to her property, and concluded by stating that the back doors on the buildings at Oakwood Plaza lead to confusion for the customers. Ms. Shelly Henry. 314 Meagher, forwarded concerns expressed by a number of people during a recent gathering. She stated the adjacent residents will view either the back of a building or a parking lot, with the nice views being from the interior of the project. She suggested that the development be made pleasing to all, citing Durston Meadows, with its view from Durston Road of a fence and rooflines, as an example of what not to do. She noted that the subject property is located in the North 19th Avenue corridor and characterized this as a unique opportunity to encourage nice development in an entryway corridor. She suggested that this be viewed as a flagship development and held to a higher standard, to encourage the desired type of development for the remainder of the subdivision. Mr. Dave MacDonald stated that the homeowner concerns are the same as those voiced by . the Design Review Board. He noted that the original plan was a strip of buildings, with the backs of those buildings facing the residences. He stated that the revised plan, with the buildings being set at different angles is a significant improvement. He indicated that the buildings are all one-story 11-20-2000 .- --.--.--.---...---- .---.... -----.- .m.. .....__.....__..._____.._____.__._ - 16 - buildings, noting he has found that is his customers' preference. He stated the Design Review Board . has recommended a fence be constructed to help screen this project from the adjacent residential properties, and the landscape plan calls for a hedge to help with the screening. He noted the Design Review Board has also recommended that larger or fast growing landscaping be planted so the development is nice looking in a short period of time. He concluded by cautioning that requiring back doors on the building adjacent to Charlotte Street could create confusion for those approaching the building. Planning Director Epple reminded the Commission that a planned unit development with reduced street standards carries with it an automatic requirement for no on-street parking. He also noted that under this PUD, there is a reduced setback standard, so the buildings may be set back 15 feet from the property line. Responding to questions from Commissioner Frost, Planning Director stated that 53 parking spaces are required for this project: and the applicant is providing 59 spaces. He then indicated that several of the conditions in the staff report pertain to the landscaping requirements. Commissioner Smiley voiced her appreciation for the revised plans for this project, noting they are preferable to the more linear design. Mr. MacDonald stated that he has considered many different configurations for this development, and found that two-story buildings resulted in mass but not much additional green space. He suggested that this one-story design provides more street appeal, and noted that as more development occurs in StoneRidge, the impacts of this first development will diminish. . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated he feels the building to the north needs more landscaping and the building to the south needs to face the street. He stated that evergreen trees along the back of the property would be inappropriate: rather, he would prefer deciduous trees. He also questioned why more than the minimum number of parking spaces need to be provided for offices, and suggested that the parking lot adjacent to the residential neighborhood be softened. Commissioner Kirchhoff voiced his concerns about the back of a building next to a street. He indicated his preference for smaller footprints and taller elevations. He noted that the proposed roofs have mass, but the buildings don't seem to; and the plan has no feel of a street edge. He concluded by encouraging the applicant to once again redesign the project. Mayor Youngman indicated she needs additional time to review this application prior to making a decision, and recognized that making the project visually friendly to the neighborhood and the street with the number of angles proposed is a challenge. As a result of the discussion, this item will be placed on next week's agenda for a decision. Presentation from Community Mediation Center (formerly the DisDute Resolution Center of Central Montana) re Dossible collaboration to develop a land use facilitated meetina Droaram . Included in the Commissioners' packets was a letter from Kathryn Strickland, Executive Director of the Community Mediation Center, dated November 9. 11-20-2000 - ..-..--.---...-...---..- -----.- . _.___.__. ___..___u ..___.__ - 17 - Ms. Kathryn Strickland identified the members of the Community Mediation Center (CMC) present, including Maribeth Goodman, Carson Taylor, Larry Sterne and Pamela Poon. She asked if the . City is interested in partnering with the CMC to create a land use facilitated meeting program and, if so, if they would also be willing to collaborate on a $5,000 grant application to provide seed money for the program. Ms. Strickland gave background information on the Community Mediation Center, noting it is a private, non-profit organization that provides affordable conflict resolution, and has 25 mediators in its program. She stated they have worked with the Gallatin County Justice Court since 1995 in handling small claims cases and the public schools. They have accepted low-income divorce cases and no-violent youth cases. In September, the CMC also mediated the Bogert Park disputes between wheeled recreational device users and the neighbors and; based on their experience, they would like to partner with the City on other land use issues. She suggested that, as Bozeman transitions from old to new rules, this program could diffuse problems and controversy by fostering early dialogue among vested people. Ms. Strickland noted that, attached to her letter of November 9, are copies of support material on mediation programs in other communities, and cited Albuquerque, New Mexico, as an example. Ms. Strickland stated that the deadlines for grant applications are December 1 and March 1; and a copy of a draft proposal is attached to her letter. She noted that, to complete the grant application, at least one meeting with key City officials is needed, and the City needs to review the final grant proposal and prepare a letter of support. She stated that the scope of issues to be handled through the program, a formal referral process, and the roles of the various entities need to be identified. She also noted a determination must be made about how those agreements reached . through mediation are to be linked to City approvals. Responding to questions from Commissioner Kirchhoff, Ms. Goodman stated that mediation sometimes results in the co-creation of a product that is better than what either side proposed. She noted there are some instances where one initial position is the final outcome; and there are other instances where no resolution is reached. Ms. Pam Poon stated that, in mediation, it is important to address needs rather than positions; and the result may be that the positions have not changed, but the opposing sides understand each other's needs. In response to comments from Commissioner Smiley, Mr. Stern stated that people often walk away from a meeting after hearing each other, but transformation may take time; and filtering this information through a mediator can be beneficial. . Assistant City Manager Ron Brey stated that, in 1993, he witnessed a friend move from being an attorney into mediation and, the following week, read in a planning publication that the same thing was occurring in planning. He noted that, with conversion of the City's zone code to a design review oriented process, there is now a greater role for neighbors, and suggested that a mediated approach may be preferable to trying to respond to information received during a public hearing. He concluded by voicing his support for this proposal. . Planning Director Andy Epple stated the idea of dispute resolution has cropped up periodically in the planning profession and, at times, he feels it would be helpful. He stated he is intrigued by this proposal, and suggested that the grant will provide an opportunity to explore the feasibility and 11-20-2000 - 18 ~ identify parameters for a possible mediation program. He encouraged the Commission to support this . grant proposal. . A majority of the Commissioners individually voiced support for this proposal. It was moved Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize and direct staff to work with the Community Mediation Center to develop the final grant proposal and authorize the Mayor to write a letter of support on behalf of the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. In response to Questions from Ms. Strickland, a meeting with Assistant City Manager Brey, Planning Director Epple and Mayor Youngman was set for 2:00 p.m. on Wednesday in the Conference Room to work on the grant application. Adiournment - 9:03 c.m, There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. . MA!!:;::u~~or ATTEST: ~J~ RO L. SULLIVAN . Clerk of the Commission ~ " " " . 11-20-2000