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HomeMy WebLinkAbout2000-12-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA December 4, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 4, 2000, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper, and Deputy Clerk of the Commission DeLathower. 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. Announcement - Bozeman as a host community for the 2002 OlvmDic Torch Relav City Manager Johnson announced the selection of Bozeman as a host community for the 2002 Olympic Torch Relay. Bozeman and Billings are the only two cities in Montana to be chosen. The torch will pass through Bozeman on January 27, 2002. . Mayor Youngman and Commissioner Kirchhoff unfurled the official Olympic Torch Relay flag, with Mayor Youngman proclaiming the Olympics symbolizes the best of the human spirit and to support the Olympics through the torch relay and to be able to see the Olympic flame go by is an honor. She also thanked the corporate sponsors, Coca-Cola and Chevrolet. Carl Lehrkind, Jr. and Carl Lehrkind, III were in attendance representing the Coca-Cola Company. Minutes - Januarv 18, Januarv 24. Januarv 31. February 7. Februarv 14. June 19. Julv 17. October 2, November 6. November 20 and November 27 , 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of November 20 and November 27, 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. Ordinance No. 1529 - revisinQ Sections 12.24.020, 12.24.040 and 12.24.050 and add Section 12.24.045. clarifvinQ and amendinQ the reauirements for removal of all snow or ice from sidewalks . Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1529, as approved by the City Attorney, entitled: - 2 - ORDINANCE NO.1 529 . 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 PENAL TIES; AND BY ADDING SECTION 12.24.045. REQUIRING THE ESTABLISHMENT OF AN APPEALS PROCESS. In response to Commission direction, Staff Attorney Day-Moore stated she had researched the Municipal Codes and found there are several ordinances that could be enforced regarding noise control. Both the disturbing the peace ordinance and the disorderly conduct ordinance, which could be cited, carry maximum penalties of $500 fines plus a 6-month county jail sentence. It doesn't mean an offender will get that sentence, it is just what is allowed as the maximum sentence by law. Ms. Day~Moore reiterated that because there are plenty of laws that can be used to enforce noise control, there is no need to incorporate that provision into this ordinance It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1529, amending and clarifying the requirements for removal of snow or ice from sidewalks, be finally adopted. 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. . Renewal of Beer, Wine and Liauor Licenses for Calendar Year 2001 This was the time set for renewal of the Beer, Wine and Liquor licenses for the Calendar Year 2001. A total of 68 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: APPLICATIONS FOR BEER. WINE AND LIQUOR LICENSES CALENDAR YEAR 2001 APPLICANT BEER WINE LIQUOR TOTAL American Legion Club 225 East Main Street $ $ $ 500 $ 500 Anaconda Molly Brown Corp. 703 West Babcock Street 500 500 Bozeman Apple, Inc. dba Applebee's 1108 North 7th Avenue 500 500 . -3 - Baxter Beverage. LLC . dba Gallatin Empire Ballroom. The Grill. The Bacchus Pub and The Robin Lounge 105 West Main Street 500 500 Livery Stable & Old Saloon. Inc. dba The Bay Bar & Grille 2825 West Main Street 500 500 Empire Lounge. Inc. dba Black Angus 520 West Mendenhall Street 500 500 Boodles. Inc. 21 5 East Main Street 500 500 The Bozeman Bowl 414 East Babcock Street 500 500 The Burrito Shop 203 North 7th Avenue 200 200 Hassbra. Inc. dba Cate Internationale . 207 West Olive Street 200 200 400 The Cannery Lounge 43 West Main Street 500 500 Casa Sanchez Restaurant 71 9 South 9th A venue 200 200 400 Corner. Inc. dba Casey's Corner 4135 Valley Commons Drive 200 200 400 Cateye Cafe 23 North Tracy Avenue 200 200 400 The Cat's Paw 721 North 7th Avenue 500 500 Colombo's Pizza & Pasta 1003 West College Street 200 200 400 Community Food Co-op . 908 West Main Street 200 200 400 n___ - ---.-..-------- - 4 - Costco Wholesale #96 . 2505 Catron Street 200 200 400 S.M.B., Inc. dba Crossroads/The Wine Merchant 27 East Main Street 200 200 The Crystal Bar Inc. 1 23 East Main Street 500 500 Fraternal Order of Eagles Aerie No. 326 31 6 East Main Street 500 500 Ferraro's Fine Italian Restaurant 726 North 7th Avenue 500 500 The Filling Station, Inc. 2005 North Rouse Avenue 200 200 400 Fred's Mesquite Diner 451 East Main Street 200 200 400 Jopat, Inc. dba Fuddruckers of Bozeman . 2905 West Main Street 500 500 Montana Pizza, Inc. dba Godfather's Pizza 200 South 23rd A venue 200 200 GranTree Conoco 1417 North 7th Avenue 200 200 400 GranTree Lounge 1325 North 7th Avenue 500 500 The Great China Wall 525 Professional Drive 200 200 400 Haufbrau, Inc. 22 South 8th Avenue 500 500 Hinky Dinky Superette 5 Tai Lane 200 200 400 Bozeman Restaurant & Lounge, Inc. . dba Cantrell's, Holiday Inn 5 Baxter Lane 500 500 - 5 - Holiday Station Store #305 . 1 951 Durston Road 200 200 400 1-90 Exxon 1420 North 7th Avenue 200 200 400 JW's Hide-A-Way Lounge, Inc. 1 631 West Main Street 500 500 Jackpot Casino West 1801 West Main Street 200 200 400 Jackpot Casino East 91 5 East Main Street 200 200 400 Joe's Parkway 903 West College Street 200 200 400 John Bozeman's Bistro 125 West Main Street 2QO 200 400 Kmart Corporation 1126 North 7th Avenue 200 200 400 Kagy Korner, Inc. . 1809 South Tracy Avenue 200 200 400 Lewis & Clark Family Restaurant 824 West Main Street 200 200 400 Key West, Inc. dba Looie's Down Under 101 East Main Street 200 200 400 Gallatin Lounge Corp. dba Lucky Lil's Casino 2401 West Main Street 500 500 232 E. Main, Inc. dba MacKenzie River Pizza 232 East Main Street 200 200 400 Magic Diamond Casino 1 61 5 West Main Street 200 200 400 Mini Mart #728 71 7 West College College 200 200 400 . . --..--------- --..- -.-.--- - 6 - Mini Mart #729 . 1910 West Main Street 200 200 400 Montana Ale Works 711 East Main Street 200 200 400 Mumford Enterprises, Inc. dba O'Briens Restaurant 200 200 400 Panda Enterprises, Inc. dba Panda "C" Store 621 Bridger Drive 200 200 Safeway, Inc. #289 901 West Main Street 200 200 400 The Bay, Inc. dba Santa Fe Reds 1235 North 7th Avenue 500 500 Hard Times, Inc. dba Scoop Bar 712 West Main Street 500 500 Smith's Food & Drug #170 . 1400 North 19th Avenue 200 200 400 Spanish Peaks Brewing Co. 14 North Church Avenue 500 500 Little Greek, Inc. dba Spectator's Sports Bar & Grill 19 Tai Lane 500 500 The Store, Inc. 1210 East Main Street 200 200 400 Story Exxon 1 211 East Main Street 200 200 400 Green Onions Enterprises, Inc. dba Sweet Pea Cafe & Bakery 19 South Willson Avenue 200 200 400 Town & Country Foods 219 North 19th Avenue 200 200 400 . ---..-.....--- - ..----- ..______._. - __.__..__n - 7 - Town Pump of Bozeman #1 . 803 East Main Street 200 200 400 Town Pump of Bozeman #2 2607.West Main Street 200 200 400 Valley View Golf Club 302 East Kagy Boulevard 500 500 Van's County Market 912 North 7th Avenue 200 200 400 VFW Post No. 903 2005 North Rouse Avenue 500 500 Williams Pump & Pak. Inc. 2020 North 7th Avenue 200 200 400 Wine Gallery 102 South 19th Avenue 200 200 400 Total - 68 Applications $ 8.400 $ 8 .000 $12.500 $28.900 The City Manager recommended the Commission approve the applications as submitted. . Commissioner Frost inquired if there had been any problems with any of these locations. City Manager Johnson replied none that would prompt the City to request non-renewal of their license. It was moved by Commissioner Smiley. seconded by Commissioner Kirchhoff. that the Commission approve the renewal of Beer. Wine and liquor licenses for Calendar Year 2001 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commi'ssioner Smiley. Commissioner Kirchhoff. Commissioner Brown. Commissioner Frost. and Mayor Youngman; those voting No. none. Staff oresentations for Fiscal Year 2000-2001 budaet .- budaets for (A) Public Service, (B) Streets, (C) Water Treatment Plant. (0) Wastewater Treatment Plant, (E) Water/Sewer Operations, (F) Solid Waste Collection, (G) Solid Waste Disoosal. and (H) Vehicle Maintenance Public Service. Director of Public Service Arkell stated this department exists to provide services to the city. and they want to be able to continue to do that. An increase in the desire for services will require additional staff and equipment or elimination of some services. Currently. her department is looking for an appropriate location for a new shop complex before deciding to upgrade the current facility. They are also investigating the feasibility of satellite stations for snow removal and street maintenance operations. Director of Public Service Arkell also noted construction of a facility for the storage ot-equipment at the lower yards is being attempted at this time. . ____.u_ __ __ -----..- - 8 - Things to be done in the next year include increasing the shop secretarial pool by one part- . time position, which would be funded from enterprise funds, making a staff of two full-time secretaries, Ms. Arkell proposed. Also planned is the division of the street and sanitation operations due to the type of work done by each division. This would provide a superintendent for each entity but would not drastically affect the budget; perhaps a $2,000 increase, which would come from enterprise funds as well. City Engineer Brawner distributed handouts entitled, "Engineering Division FY 2002 Budget Presentation Summary" and presented an overview of the Engineering Department's work load. There were 109 projects completed this past year; planning, design, and construction for a total value of almost $30 million. There were also 30 consultant contracts, totaling $3.5 million. Engineer Brawner noted infrastructure projects have increased, relating to the growth of the city. Lineal footage is increasing and will continue to increase for the foreseeable future, particularly since there are several large projects looming ahead. Consulting services contracts are also increasing dramatically. Mr. Brawner stated the time from design negotiation to completion of the project is two to three years. Mr. Brawner informed the Commission that his department spends a lot of time in areas that do not reflect dollar amounts, such as subdivision and zone code reviews, which account for 35 percent of their time. One half of that is spent on zone code reviews, which the Engineering Department would like to stop doing. Mr. Brawner feels the Planning Department can handle that function without Engineering's input. Also, the Valley West SIDs required a lot of staff time this past year. City Engineer Brawner listed both the mandated and discretionary programs his division is . responsible for, noting there is not a lot of discretion in some of the discretionary programs. Currently they are looking for ways to reinvent the process and economize engineering time. To that end, the Engineering Department would like to do a better job of training and educating engineers, contractors, and developers, much like the Building Department does now. The Traffic Calming Program, which is included in the Transportation Master Plan, will require additional staff relevant to the degree the program is undertaken. Mr. Brawner offered traffic calming can be a hot issue among neighbors and is not always unifying. The Community Rating System Program, which is certified by federal regulators, has resulted in insurance rate discounts, but is time consuming. The sidewalk programs are also quite time consuming. Mr. Brawner characterized the desire of developers to fast-track things as a real load for Engineering staff. In addition, the capital improvement projects continue to be a "large cloud over our head that will continue to build up on us" and will be very difficult to complete with current staffing levels. City Engineer Brawner imagines his department will need an additional staff person if the City enters the traffic calming arena. Mayor Youngman said she has been getting calls from citizens asking what would it cost to do things differently; adding the shoveling of city sidewalks, for example. She asked Mr. Brawner to pull together those numbers so the Commission can weigh the choices and share that information with taxpayers in order to compare programs. Mayor Youngman stressed this is the year to try and think creatively and come up with new and/or old ways of doing things that might save dollars. A . number of departments will be struggling to accomplish their work within the budget. - - 9 - \. City Engineer Brawner indicated that to a large degree, they are involved in infrastructure . design and construction and trying to reinvent that process is a good way to refocus their efforts. It would be more logical to have the Street or Park Departments take over enforcement of the sidewalk snow removal program; and it would be very, very expensive to undertake a snow removal program for sidewalks. The City has been implementing the sidewalk clearing program for 20 years or more, and liability issues are at the heart of this decision. The snow removal program is not that expensive a program for the City to enforce, according to Mr. Brawner. Commissioner Smiley asked if businesses or private homes are more problematic. City Engineer Brawner responded probably the businesses are more compliant because it is a business issue for them. Commissioner Frost asked how many miles of streets and sidewalks does Bozeman have, and how much has it increased? Director of Public Service Arkell answered there are 121 miles of road and at least 1 21 miles of sidewalk. Director of Public Service Arkell stated that in response to the inquiry as to what it would take for the City to shovel sidewalks, to accomplish that within 24 hours and between the hours of 7 am and 7 pm could be figured out; but it would be a very expensive program. Mayor Youngman asked for the most general cost figure to provide the public with enough information to weigh their choices. Ms. Arkell respondQd it depends on when the Commission wants it done. Her recommendation is to have removal completed before 8 am to get to it before the snow gets trampled down. As far as backing off of the snow removal policy, the City has been told by MMIA it needs to enforce that policy because it is part of City code; and if we don't enforce it, the City's MMIA rating will be lowered. . City Attorney Cooper added the snow removal ordinance was passed in 1985. Snow removal is one of the cheapest insurance-type programs the City has. City Manager Johnson asked Mr. Brawner to elaborate if his department is charging for plans review, and how that would impact costs for his department. Mr. Brawner answered the charges for subdivision and zone code reviews do not reflect Engineering's time spent on these tasks. Only Planning Department's time is reflected. Engineering spends a lot of time in subdivision reviews, and a lot of effort and work goes into reviewing planning specs and construction. Mr. Brawner asserted the developers need to have their plans and specs in better shape before they bring them in for review. He doesn't feel it is unreasonable to charge by the number of plan pages or lineal feet of infrastructure. City Engineer Brawner proposed that if his department charged $1,000 to $2,000 per review, at 1 5 to 20 subdivision reviews per year, those revenues could pay for another engineer. Those developers who want to fast track their plans could be charged an additional fee. City Manager Johnson asked the Commissioners if they need any more information from Mr. Brawner in order to make a decision. Mayor Youngman responded they would like to be able to provide direction, but they don't know exactly what to ask for. Mr. Brawner stated he had planned to look at the number of infrastructure reviews conducted last year and calculate the revenue received if they had charged a predetermined amount as a nominal fee. City Manager Johnson asked City Engineer Brawner if he is aware of any other high-growth communities that have a review fee structure and what their revenues are. Mayor Youngman suggested the other piece that needs . to be considered is what would be a practical fee structure for fast-tracking a review. City Manager Johnson added a decision needs to be made on priorities and fee structures. - 10- Commissioner Frost asked if it would be feasible to have a system where consideration of a . price break could be given to developers who have lots of projects reviewed and whose plans are complete and accurate. City Engineer Brawner said his staff believes it could be a workable plan, but they can't rubber-stamp plans. Commissioner Frost replied he isn't talking about rubber- stamping plans, rather he is suggesting one fee for reviewing a set of plans that is well done and charging a higher fee for those that aren't. Mr. Brawner replied there needs to be incentives and benefits for submitting good, well done plans. Some of those incentives are out there, particularly the time factor; but they don't seem to be working well. He suggested they need to better determine what the issues are. It will be a long.term progression from the current system into something new. Streets, Solid Waste Collection, Solid Waste Disposal, and Vehicle Maintenance. Assistant Street and Sanitation Superintendent Wold reviewed each of these department's goals, objectives, and accomplishments in the absence of Superintendent Sicz. He distributed a packet of material which combined all the divisions' budget presentations. The goal of the Street Maintenance Division is to provide for a network of safe roadways for the traveling public with a minimum of harmful effects to the environment. Mr. Wold highlighted some of the major objectives as being implementation of an efficient pavement management plan, to improve maintenance of street and alley right-of-ways, and improve the quality of summer and winter street maintenance work. Accomplishments over the past year include maintaining 149 miles of streets and alleys, improved gravel streets with recycled asphalt millings, and scheduling yearly street improvements. He then noted Mr. Sicz would like to see all streets plowed within three days of a snow storm, but this would take an additional two plows and two employees at a cost of $12.70 per resident, per year. . Commissioner Frost questioned the figure of $12.70 per resident to plow all streets in the city. Mr. Wold responded it will cost approximately $380,000 per year; $300,000 for new trucks with plows and sanders and $80,000 for two additional employees. Commissioner Frost then asked if there are any comparisons to what has been done in the past, which is plowing neighborhood streets when crews have the time. Mr. Wold answered that historically, it has taken 4 or 5 days to get all the streets plowed. After this most recent storm, all four plows were sent out; but two broke down early in the day and were out of service. Two graders were then substituted; and all three designated routes, emergency snow routes, arterials, and collectors, were completed early in the morning. Mayor Youngman suggested it would be helpful to have Administrative Services Director Gamradt break these figures down per taxpaying household rather than per individual. Mr. Gamradt agreed to provide that information. City Manager Johnson asked what would the additional employees do if it doesn't snow, as was the case last year. Assistant Superintendent Wold replied they would assist with alley maintenance, storm sewer repairs, and alley trimmings. Hiring these two additional employees would also reduce the need to hire seasonal employees during the summer months, which is difficult. Mr. Wold added they would prefer to have the new equipment purchased over the hiring of more employees. Assistant Superintendent Wold then reviewed the objectives, accomplishments, and programs for the Solid Waste Collection Department. He noted they would like to expand the cardboard collection program with the purchase of a horizontal baler, currently in the CIP for 2001- . 2002. To date, the City has received $18,000 from the sale of 517 tons of cardboard but had this cardboard been baled the City would have received $56,000. Superintendent Sicz suggests that ---..--.---.- - 11 - additional revenue could be used for plastics recycling. . The Solid Waste Disposal Division's goals, objectives, and accomplishments were then reviewed and highlighted by Assistant Superintendent Wold. He noted expansion of the yard waste composting program to include brush, branches, small trees, and clean wood is a priority and should be made possible with the purchase of the tub grinder and trommel screen. It is their desire to sell the finished compost to local residents and commercial businesses. Vehicle Maintenance Division's goals, objectives, and accomplishments were reviewed by Mr. Wold. They are asking that no programs be discontinued at this time, and they will be requesting one additional mechanic in order to expand on the preventative maintenance program. Director of Public Service Arkell noted that at the bottom of Street and Sanitation Superintendent Sicz's memo, it is asked what programs would the City Commission like to see prioritized or given policy direction on? For example, snow plowing; what standards does the City Commission want? Commissioner Brown responded increased street sanding. He received calls from the residents of New Hyalite View Subdivision and South Church Avenue stating they could not get up the hills to the stop signs. Assistant Superintendent Wold replied that after 8:00 am, all stop signs are sanded, then slick intersections, and finally phone calls reporting slick spots are addressed. When it is really icy, all intersections will be sanded immediately. Mayor Youngman noted she has received complaints about the increased salt content in the sand. Mr. Wold answered the percentage of salt has not changed within the last 10 years. Mayor Youngman wanted to verify that less toxic salt is being used. Assistant Superintendent Wold stated in the future the City will be using more magnesium chloride, similar to what the State sprays on . Main Street. Mayor Youngman then asked if "hilly" streets could be added to the plowing area without requiring an additional person and truck. She suggested that would be an in-between point between current policy and residents' desires to plow the "hilly" streets. Mr. Wold replied they could be made a priority 4 route; after 8:00 am. Director of Public Service Arkell noted that last year streets were plowed in the following order: priority routes, commercial and industrial areas, and finally neighborhood streets. However, they received a lot of complaints about plowing in driveways and sidewalks. If the Commission so directs, they can return to that policy_ Ms. Arkell further noted cars parked on the snow routes continue to be a problem. Those not moved by today were tagged: and she noted that if there is another substantial snowfall, those cars will be unable to move until spring. The driving aisles of neighborhood streets could be cleared, if desired, so there would be a driving lane open; but parked cars prohibit plowing more than that on those streets. Dean Ulrich, District Manager of BFI, asked if the City is seriously considering implementing exclusive garbage collection rights. Mayor Youngman answered by saying the Commission hasn't had that discussion, but he is welcome to share his thoughts on the subject at that time. Mr. Ulrich asked how he would be notified of such a discussion, to which City Manager Johnson replied it will be a public hearing, which will be properly noticed. Water'Treatment Plant. Superintendent Elliott distributed his handout entitled, "WTP Budget Presentation". He noted there has been a major description change; the reservoir subdivision has . been moved to the Water Treatment Plant division. The reservoir subdivision includes Lyman Creek, Sourdough Creek, Hyalite Creek, Hilltop reservoir, and the Sourdough reservoir. Mr . Elliott noted the - --. -.---- - 12 - operators have analyzed 6,000 samples and sent out 1,000 samples to be analyzed. The long-range - plan is to extend the treatment plant's life by 5 or 10 years with an aggressive maintenance and repair program. $30,000 will be needed to install a new heating system, with the old system used as backup. That project is included in the CIP for fiscal year 2002. Other projects are right on track, according to Mr. Elliott. He stated he wanted to commend and back the CIP process 100 percent; it works well for the water treatment plant. Wastewater Treatment Plant. Acting Superintendent Layton reviewed his list of accomplishments, found on the handout he distributed. He noted the wastewater treatment plant handles 5 million gallons of water per day. Only 240 acres of farmland were injected with biosolids this year because they could not get into the fields until late. Next year they hope to inject 500 acres. Mr. Layton also noted the scope of services is going to be reduced due to budget constraints. Mr. Layton stated there are four projects planned during FY 2001.2002. Construction of a third primary clarifier is a necessity, as is the repair of the outfall ditch. Mr. Layton suggested perhaps several departments should share storage space, as well as the monies necessary for construction of a storage building. Acting Superintendent Layton referred the Commissioners to the WWTP Chlorine Storage Report prepared by Fire Marshall Winn. Mr. Layton projects it will cost $800,000 to replace the current chlorine storage system. Commissioner Brown asked what happens to the biosolids if they can't be applied to the land. Mr. Layton reported a floating mixer system was installed this year, and there was adequate storage capacity available during that installation. There is adequate storage capacity to store .. biosolids until April of next year, so they are hoping to be able to get into the fields early to inject those. Director of Public Service Arkell added if they couldn't have gotten the biosolids mixed and into the fields in October, the City would have to look at using another pond-type storage system at the wastewater treatment plant. Mr. Layton did a considerable outreach program to the agriculture community, which had great results. The City now has lots of land to apply the biosolids to, at least for the time being. She characterized this as a good service, which the City offers for free. Mr. Layton added it behooves the city to provide this service free of charge to lands close to the plant rather than having to transport it. The new injection vehicle will be very helpful since there is a small window of application time, and they cannot afford to have the equipment break down and miss that window of opportunity. Water/Sewer Operations. Water/Sewer Superintendent Certalic presented a basic overview of what this department does and noted he has a highly trained staff. The goal for Water Operations is to have 100 percent customer satisfaction and to supply uninterrupted, quality water. The city has 130 miles of distribution lines. Mr. Certalic continued, saying their ultimate task is the reading and maintaining of meters, which is a revenue-generating task. Last year, Mr. Certalic noted, he requested funds to purchase a city-wide automated phone meter-read system. He has since discovered that a radio-read system would be more appropriate because it is more customer friendly and more reliable. Currently, there are 10 test, radio-read units in place; and Mr. Certalic is requesting funds to implement this system city-wide. He informed the Commissioners that in 1977 there were three full-time employees to read and repair 3,500 meters. . Today there are 7,500 meters, with 250 to 300 meters being added per year. Because of this increase in workload, the meter rotations, replacements, and upgrades cannot be completed. They ---.-.....-. ------ ,,-- ----------.---.- - n______.____ __ _..____ --..- - ----- -.--------... .--.--.-- -. - - .... -.. ...- - 13 - have, however, taken a very proactive approach this year to backflow protection and replacing large, - inaccurate meters. Also, the hydrant flushing program has notably improved the quality of water in the distribution system. Mr. Certalic reported there have been no water-quality complaints this year. The mission of the wastewater operation is to keep a properly operating gravity wastewater collection system, offered Mr. Certalic. Currently there are 115 miles of collection mains. The $5 million grant will be used to make major improvements to the collection system, which is currently in the engineering phase. Construction is projected to begin in early summer, 2001. Also high infiltration areas, noted in the inflow and infiltration study, will be repaired or replaced. Mr. Certalic noted the televising program has been an asset to the city; ensuring that all new infrastructure is inspected, as well as existing infrastructure. His department has also taken a pro-active approach to noxious gas, as well as with establishments that neglect maintaining their grease traps. Mr. Certalic is requesting the bobcat loader, scheduled to be purchased in fiscal year 2003, be purchased this fiscal year instead because of need. He is also going to request an additional full-time employee this year to help cover vacation, training, sick leave, with time to be split between the operations and meter divisions. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a memo from Director' of Public Service Arkell to the County Planning Office, dated November 30, forwarding input on the Baxter Meadows master plan amendment. .. (2) Copy of a letter from Planning Director Epple to the County Planning Department, dated November 27, forwarding City Planning Board input regarding the Baxter Meadows master plan amendment. (3) E-mail from Angela Bateson, 1441 Cherry Drive, to the Commissioners regarding the policy to not plow residential streets. (4) Listing of planning projects scheduled for upcoming Commission meetings. (5) . Memo from Clerk of the Commission Sullivan, dated December 1 ~ forwarding citizen comments on the residential street snow removal policy. (6) Copy of the letter of support for the Community Mediation Center's grant application. (7) Letter from Jon Carpender dated November 20 voicing opposition to locating a transfer station at the current landfill. (8) Copy of a memo from Director of Public Service Arkell to Sign Foreman Robbins, dated November 20, regarding installation of "No Parking" signs on South 11th Avenue near the MSU Alumni Building. (9) Copy of a memo from Director of Public Service Arkell to Sign Foreman Robbins, . dated November 20, regarding installation of signs for parking restrictions in area of South Rouse Avenue/East Main Street. _.___ .n.._ _ un -.--...-..- - 14 - (10) Copies of information submitted by Commissioner Smiley regarding WalMart super - stores. ( 11 ) C.opy of the Enhanced 9.1.1 Emergency Telephone System Plan Summary, dated January 29, 1999, as submitted by Director Hansen. ( 12) Minutes for the 9-1-1 Administrative Board meeting held on October 25. (13) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, December 5, at the Courthouse. (14) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, December 5, at the Professional Building. ( 15) Agenda for the City Planning Board meeting to be held at 7:00 pm on Tuesday, December 5, in the Commission Room. ( 16) Agenda for the Cemetery Board meeting to be held at 1 :00 pm on Wednesday, December 13, in the Conference Room. City Manager Johnson submitted the following during his FYI: (1) He distributed copies of phone message complaints he received from citizens regarding the snow plowing policy. (2) He had a meeting with the Baxter Meadows developers, and they would like to meet with the Commission on Monday, December 11 at 7:00 pm to present an overview of their project. All Commissioners agreed to hear this presentation at 7:00 pm on December 11. .. Commissioner Brown forwarded the following FYI items: (1) He attended a NorthWestern Corporation, purchaser of Montana Power Company's distribution and transmission systems, meeting. The rates will go up, but there is uncertainty as to how much due to deregulation. (2) He attended a digital communications conference at Montana State University, where Zoot Enterprises was highlighted. Commissioner Brown stated they seem to be an impressive operation. (3) The 9-1- 1 Center is not going to be collecting all data in the foreseeable future; it is not feasible for them to do so. Commissioner Brown expressed his disappointment that the Commission did not get a budget presentation from the Center at last week's meeting. He is very concerned about the possibility of being required to pay back the $412,000 grant. Mr. Brown noted that since CAD isn't going to provide the necessary information, someone needs to make sure the documentation is done; and he understood that is the Police Department's responsibility. City Manager Johnson assured him the Police Department would be gathering that information. Commissioner Frost noted, during his FYI, that in the city of San Diego, the utility rates have Quadrupled over the last 2 years because of deregulation, and the state of California is in real trouble due to deregulation. During her FYI, Mayor Youngman offered the following: (1) Planner/Urban Designer Sherman had loaned the Commissioners several books on Boston that might be useful during their upcoming trip. (2) She received a phone call from a new local business, who is working on a virtual mall connection between businesses, offering the City some free services. (3) She met with Linda . Babcock's 5th grade class regarding parks and recreation. (4) Mayor Youngman notified the Commissioners she will draft a response to Thane Richard's letter before leaving for Boston. ~ 15 - Commissioner Brown suggested Mr. Richard might be interested in volunteering at the Blue Iguana e Center. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - Drunk and Druaaed Drivina (3D) Prevention Month - December 2000 Commission Resolution No. 3419 - findina that the Commissioners' attendance at National Leaaue of Cities Conaress of Cities being held in Boston. Massachusetts on December 6-9. 2000 is in the Dublic interest COMMISSION RESOLUTION NO. 3419 A RESOLUTION .OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. FINDING THAT CITY COMMiSsioNER ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES BEING HELD IN BOSTON. MASSACHUSETTS. ON DECEMBER 6 THROUGH 9. 2000, IS IN THE PUBLIC INTEREST. Ratifv City Manaaer's sianature on Non~Disclosure and Confidentialitv Aareement ~ Gallatin County/City of Bozeman 911 and Western Wireless - Award bid - Tub Grinder for Landfill - Morbark. Inc.. Winn. Minnesota - in the bid amount of $ 1 25,000.00 (used) Award bid - Trammel Screen for Landfill - Morbark. Inc.. Winn Minnesota - in the bid amount of $84.997.00 (used) Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown. 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 Kirchhoff, Commissioner Brown, Commissioner Frost. Commissioner Smiley, and Mayor Youngman; those voting No. none. Recess - 5:32 Dm Mayor Youngman declared a recess at 5:32 pm, to reconvene at 7:00 pm. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 om ..a Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the .., scheduled public hearings. - 1'6 - Ordinance No. 1530 - establish initial zonina desianation of "B_2" on 4.24 acres described - as Tract B-1. COS No. 1827 (east side of Valley Center Drive. north of its intersection with Catron Street) Included in the Commissioners' packet was a copy of Ordinance No. 1530. as approved by the City Attorney, entitled: ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS TO ESTABLISH AN INITIAL ZONING DESIGNATION OF "B.2" (COMMUNITY BUSINESS) ON 4.24 ACRES DESCRIBED AS TRACT B-1 OF CERTIFICATE OF SURVEY NO. 1827. SITUATED IN THE NORTHEAST QUARTER OF SECTION 35, T1S. R5E, M.P.M.. GALLATIN COUNTY. MONTANA. Mayor Youngman opened the public hearing. Staff Attorney Cooper stated that this zoning change is in conjunction with the annexation of the Amerimont property. A public hearing was held in December, 1999 on the zone map amendment; and in the past year Mr. Cooper has been working with Tom Anacker, representative of Amerimont, on the annexation agreement, which was approved by the Commission and a Resolution of Annexation passed on November 13, 2000. There was no public comment received, and the applicant was not present. - Mayor Youngman closed the public hearing. Commissioner Frost asked if the City really wants to keep pushing "B-2" zoning out there. Then Commissioner Brown asked where North 27th Avenue is extended, relative to this property. Attorney Cooper replied it is to the west of this property. Commissioner Kirchhoff inquired if the Commission had seen a proposal for Home Depot near here. City Manager Johnson answered it was across the street and to the north. Commissioner Kirchhoff then questioned if that parcel of land is outside the city limits; to which City Manager Johnson replied, "That is correct." Mayor Youngman noted there is "B-2" zoning across the street, and Staff Attorney Cooper added that was done at least a year ago. Referring to the Development Review Committee (DRC) agenda, City Manager Johnson noted the DRC is conducting a final week review for a parcel across the street. Commissioner Smiley stated she approves of this parcel being zoned "B-2" since it is right up against the freeway. Commissioner Kirchhoff suggested perhaps the City should have a conversation now about the entire parcel of land before this piece is acted upon. He, therefore, requested a delay. Staff Attorney Cooper informed the Commission this property is annexed but not currently city zoned. He suggested the Commission should act as soon as practical because the applicant is waiting . for the official zoning designation. Mr. Cooper reminded the Commissioners they need a recommendation from the Zoning Commission, which recommended "B-2" a year ago, before __._.n. ._ _ . -.-.".----..---.... --------------.-.- - 17 - establishing an initial zoning designation. Options that could be considered include seeking another . zoning designation or' delay action until a later date. Co'mmissioner Kirchhoff stated his desire is to examine the Valley Center frontage and attempt to master plan that area with whatever is in the best interest of the community. Commissioner Frost voiced his agreement. Commissioner Smiley noted the County should be included in that planning, as well.' Staff Attorney Cooper suggested tabling this request for now, notifying the property owners, and proceeding accordingly. Mayor Youngman said a conversation with the Zoning Commission may be all that is necessary. The City is now getting closer to having a sense of what is going to happen in that entire portion of town. City Manager Johnson reminded the Commissioners of a discussion held a year ago proposing that as Valley Center comes close to the interstate, the curved area, it should be zoned "B-2". Mayor Youngman asserted it is illogical to put housing there because it is so close to the interstate, and it cannot be designated as "A~S" because it has been annexed. Commissioner Frost then ventured this could be a good place for industrial development. Commissioner Smiley responded an "M-1" designated area could become an unwanted inroad for casino development. noting it would be the perfect place for one. Commissioner Kirchhoff reiterated the Commission is again discussing piecemeal zoning; encouraging them. rather. to look at the big picture. Staff Attorney Cooper advised if the Commission desires to intensify the use somehow. it will require noticing another public hearing. Mayor Youngman stated if the intent is to get a sense of current land use. she will go along with that. . Assistant City Manager Brey asked the Commissioners if they needed additional information or maps from staff. Commissioner Kirchhoff replied land inventories are in progress; and if any information is ready to be used regarding how much land is zoned "B-2". "M-1". "B-P". that would be helpful. He also indicated an interest in reviewing the 1990 master plan update to see what language was used for that area before. Commissioner Frost noted the 2020 master plan recommends constructing regional commercial centers instead of strip commercial developments; and if this is all9wed, it will continue the strip development of North 19th Avenue and he doesn't think that is what is desired. Commissioner Brown stated he would like to see this matter continued to a date certain. Staff Attorney Cooper said he will try to get a response from both Mr. Anacker and the Zoning Commission. It was moved by Commissioner Brown. seconded by Commissioner Frost, that action on this item be tabled to the January 2. 2001 meeting. 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. Public hearina ~ application of Lattice Materials COrDoration for tax reduction. pursuant to Section 15-24- 1402. M.C.A., for aualifvina improvements or modernized processes for expandina industry This was the time and place set for the public hearing on an application for tax reduction from . Lattice Materials Corporation. as established by Commission Resolution No. 3414. entitled: ____w__ - 18 - COMMISSION RESOLUTION NO. 3414 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA. EST ABlISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15. 24-1401. ET SEO. MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Youngman opened the public hearing. Administrative Services Director Gamradt reviewed the application from Lattice Materials for tax abatement and reduction in property taxes. He noted the requirements are that improvements being made equal $50.000 or more. If the Commission grants this reduction. the improvements will be taxed at 50 percent the first year and equal percentages for 10 years thereafter. so at 10 years the property will be taxed at full value. Mr. Gamradt noted that two previous abatements have been granted; one in 1995 for $459.000 and one in 1997 for $170.000. Ms. Sarah Magee. Lattice Materials. stated they are currently expanding their growth department to grow silicon material. New equipment will be purchased. at an estimated cost of $50.000; and they anticipate hiring three additional people in order to run a 24-hour shift to monitor crystal growth. Chris Nixon. 719 North Wallace Avenue. stated he was here to speak in favor of this request. Lattice is a good business neighbor. a quiet industry. and a good fit with the neighborhood. He cited the need to keep this type of industry in that neighborhood. noting Mr. Tengelsen has addressed all issues previously identified. Lattice has 'landscaped around the perimeter of their property and installed . picnic tables. which has created a green-space buffer between businesses and neighboring residences. Mr. Nixon feels that any way the city can help Lattice Materials out is what the city should do because Bozeman benefits from having a good business ljoke this here in town. Kelly Pollington. 16 Lancelot Lane and representing Montana People's Action. said they do not oppose this application but do want to make sure there is accountability in place for businesses that receive these breaks. The Montana People's Action group feels a living wage must be paid if a company is being subsidized by a governmental body; there should be no "double-dipping" by employees of those companies. Thomas Hardin. 716 West Babcock Street. told the representatives of Lattice Materials that they need to understand they cannot be successful if the community is struggling. They must be willing to ensure the well being of their employees and pay them a living wage. Jon Gerster. 719 North Wallace Avenue. echoed Mr. Nixon's feelings and agreed the Montana People's Action position is valid. This is a tremendous tool the Commission has to encourage or discourage business growth within the city limits. He continued. saying because he lives next door. he knows Lattice Materials to be a very community oriented. locally owned and operated corporation that is a shining light in that neighborhood. They have been an aesthetically pleasing addition in the northeast neighborhood. Mr. Gerster recognized it is a financial challenge to do business within the city limits; it is easier for businesses to go to Belgrade and not worry about doing business within the Bozeman city limits. . .- -.-.--... -..---.--.--. ..--.. ..-..--.-.-.----..-... __.....___...._ _____._n__._.___ .___ __ ____._.. - 19 - Alana Mueller, 725 South 7 Avenua, #10 and also from Montana People's Action, stated they . don't know what Lattice's wage scale is; but if Lattice Materials wants a $50,000 tax break, someone should know their employees are going to be paid a living wage. The City Commission has an opportunity to set an example for accountability in this community. There are plenty of businesses in Bozeman who are not receiving tax breaks and are doing just fine. Ms. Mueller suggested that fact needs to be kept in mind before giving in to those businesses who say they will move somewhere else if their requests aren't wanted. Bob Nichol, 1615 South Black Avenue and representing the Gallatin County Green Party, stated the City Commission shouldn't give the citizens' tax money to any business who isn't paying all employees a living wage. Businesses that aren't and are being subsidized by the city are being subsidized twice; subsidizing both the employees and the businesses. Averial Heath, 5526 Foster Lane, stated she agreed with the comments previously made that any businesses receiving tax breaks should pay a living wage. Ms. Magee responded to these concerns by stating Lattice Materials pays a minimum of $8 per hour plus $1 per hour benefit wage and an incer.1tive wage of $1.50 to $2.00 per hour to every employee, which equals $10 to $11 per hour. Therefore, all employees are paid above a living wage. The incentive program is based on the gross margin and has been paid over the last 3 years and will be paid again this year. In 1995, when the first abatement was granted, the wage was $6 per hour plus a $.40 per hour benefit dollar. . Commissioner Frost asked if the incentive plan could be eliminated. Ms. Magee answered it could be if the gross profit margin were eliminated. Mayor Youngman then inquired about the wages . of the three new employees who will be hired. Ms. Magee replied these will be more technical positions, and those individuals will be paid a higher wage. Mayor Youngman noted the City has not imposed any reporting requirements in the past and asked Ms. Magee if Lattice Materials would be comfortable with providing an annual report for compliance purposes. Ms. Magee replied that woutd not be a problem. She then added that even if the incentive wage were eliminated, they still pay a minimum of $9.00 per hour including benefit dollars. Mr. Gerster wondered if the other two abatements Lattice Materials had requested had been approved. Mayor Youngman answered the Commission has never refused abatement requests in the past. Mr. Nichol asked how many employees are at the $8.00 per hour beginning salary level. Christine Regal, Human Resource Manager, stated that off the top of her head, three or four of the newest hires are currently at the $8.00 per hour level; 70 percent of the employees are above that. Mr. Nichol then asked if it would be a problem to look at a "basement wage" of $9.02 per hour. Ms. Regal responded the problem is compression and the ensuing morale problems; adding the rest of the employees did not appreciate it at all when the minimum wage was raised to $8.00 per hour. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost announced he is in favor of granting Lattice Materials another abatement, . but it needs to be tied to a living wage. He said he would want to know that people who need a living wage are getting it; and if that is paid through an incentive wage, fine. However, if the incentive . --.-..--- .____".____._n_ - 20- disappears, Commissioner Frost doesn't want the employees' wages to drop below the living wage . requirement. Commissioner Kirchhoff stated he is in favor of approving this request without conditions. Flattening the matrix is something the City is familiar with, and it is a difficult transition to make in any organization. Once the City can do that, then they can ask others to; but, Commissioner Kirchhoff said, he feels uncomfortable requiring others to pay a living wage when the City is without that policy. He added it will take cooperation and education before people don't see living wage as the enemy. Commissioner Smiley offered her agreement with what has been said; noting there is not enough money to make this happen for City staff. Commissioner Brown said he is pleased that Lattice pays at least $9.50 per hour to its employees; and while he is in favor of this proposal, he is not in favor of putting conditions on it. He added he would expect in the future these approvals will not necessarily be automatic as the City is being forced to provide more services with fewer dollars. Mayor Youngman asked how the Commission would feel about requiring a brief annual report from Lattice Materials listing their compliance with what they've agreed to do. Commissioner Brown remarked that would be okay because it makes them accountable for their actions. Mayor Youngman stated she shares the Commissioners' reservations about creating a policy standard that is different from what the City is doing; however, the City is struggling with a limited budget as it is, and now the Commission is granting a tax abatement. The Mayor suggested that if the base wage plus the margin drops below the living wage standard, the applicant advise the Commission because state statute allows the Commissioners to change their mind. . Commissioner Smiley noted Lattice Materials is doing better than the city as far as the pay scale goes, so how can the Commission require them to do something the city can't do? Commissioner Frost responded by saying there is a big difference between government and business. He added he agrees with the reporting requirement, even though he is certain Lattice Materials will keep the incentive program and keep their workers earning a living wage; but he would like to know they are. Mayor Youngman suggested the self.reporting be submitted in January, and all the Commissioners agreed. Commissioner Brown added the Commission is just concerned with the more entry-level positions. They don't need to know what the top officials are paid. Mayor Youngman suggested something generic such as wages plus the margin are above the living wage standard, and if anything is changing. Also a listing of the equipment purchased, number of employees hired; requirements to meet the tax abatement standards. Ms. Magee asked if the City will be sending Lattice Materials a report to fill out and return. Mayor Youngman replied they just need to send the simplest indication of compliance with state law and the wages paid. Commissioner Brown wants the number of employees included because there have been tax abatements previously granted and the employees are never hired. If that happens, the Commission needs to be notified because part of their responsibility is to the taxpayers for tax abatements that are granted. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve the . application of Lattice Materials Corporation for tax reduction, pursuant to Section 15-24-1402, M.C.A., for qualifying improvements or modernized processes for expanding industry subject to the following -.......-..--.-.- ...----.-.-.. - - 21 - conditions: . 1. A report will be issued in January certifying that all employees are earning, at a minimum, a living wage: defined as $9.02 per hour. 2. All standards of state law are being met. 3. The proposed equipment will ba purchased and at least three new manufacturing positions will be created and filled. and to direct staff to bring back a resolution enacting the tax reduction. 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. Public hearina - Certificate of ADDrocriateness with deviation from Section 1 8.18.050. Bozeman MuniciDal Code. to allow enlaraement of a front Dorch/deck area which encroaches aDDroximately 9 feet into reauired 20-foot front yard setback on the south 38 feet of the south 75 feet of Tract 6. Black's Addition. in lot 1A. Lindley and GUY'S Addition - Peter Brown for 323 South Bozeman Avenue (Z-OO'60) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Peter Brown under Application No. Z-00160, with a deviation from Section 18.18.050 of the Bozeman Municipal Code, to allow enlargement of a front porch/deck area which encroaches approximately 9 feet into required 20-foot front yard setback on the south 38 feet of the south 75 feet of Tract 6, Black's Addition, in Lot 1 A, Lindley and Guy's Addition. The subject property is more commonly known as 323 South Bozeman Avenue. . Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report and highlighted the application, saying staff supports this project. It is consistent with other neighborhood porch setbacks, and there has been no expressed public concern. Peter Brown, 323 South Bozeman Avenue and applicant, said he wants it clearly stated that he will not remove the trees, as previously reported. No other public comment received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley commented she grew up near there, and it is nice to see what has been proposed. She believes it is a wonderful improvement. Commissioner Frost agreed, stating it is a nice project. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Certificate of Appropriateness, as requested by Peter Brown under Application No. Z-00160, with a deviation from Section 18.18.050 of the Bozeman Municipal Code, to allow enlargement of a front porch/deck area which encroaches approximately 9 feet into required 20-foot front yard setback on the south 38 feet of the south 75 feet of Tract 6. Black's Addition, in Lot 1 A, Lindley and Guy's Addition, be 'approved, . subject to the following conditions: . .. .--- .-- --..-.--. ... ----.---.---..--- _______..n_. _ - 22 - 1. The applicant shall obtain a building permit within one year of Certificate of . -Appropriateness approval or this approval shall become null and void. 2. 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 Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. 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. Public hearina - City of Bozeman. Further DeveloDment of Site and Certificate of ADDrODriateness . allow construction of a 9,760-sauare-foot Dole barn stvle metal-sided storaae buildina to reDlace four existina storaae buildinas on Tract 12, Northeast Annexation (Jower yards in 1800 block of North Rouse Avenue) (Z.00144) This was the time and place set for the public hearing on the application for further development of a site and a Certificate of Appropriateness, as requested by the City of Bozeman under Application No. Z-00144, to allow the construction of a 9,760-square-foot pole barn style metal-sided storage building to replace four existing storage buildings on Tract 12, Northeast Annexation. The subject site is more commonly known as the City's "lower yards", located in the 1800 block of North Rouse Avenue. . Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report. She noted this application had previously been approved with the condition a landscaping plan be provided. This proposal calls for the removal of the four existing structures, to be replaced by a new building which will be placed closer to Rouse Avenue. The Design Review Board, Development Review Committee, and Planning Staff all find that the application, with the outlined conditions, is in compliance with the Bozeman Zoning Ordinance and Bozeman Area Master Plan Update and recommend approval of this zoning application. Ms. Morris noted the Design Review Board had problems with the bump-out which was added because in the design objectives plan it states a facade over 100 feet requires a breakup by adding architectural features. The Board wanted the bump-out removed, but stated the city couldn't locate the building any closer to Rouse Avenue than what is proposed on the site plan. Ms. Morris told the Commissioners the Design Review Board also commented that the city should be held to the same standard as the general public. Commissioner Smiley asked if the bump-out could be moved to another side or be removed entirely. In response to Mayor Youngman's question regarding the installation of sidewalk, Assistant Planner Morris stated there has been no installation order for this area yet. Superintendent of Facilities and Public Lands Goehrung also noted the state has plans to widen and improve Rouse Avenue. . Commissioner Brown inquired as to the location of the fencing and the material. Ms. Morris replied it is chain link and is shown with a dash and circle line on the site plan. Commissioner Brown -.-.-..- ---.-------. .-.-....--.---- --.-----. - 23 - asked if this property will be completely enclosed by the chain link fence, to which Assistant Planner . Morris replied it is. Commissioner Brown then asked if the cars are considered to be secure. City Manager Johnson answered by saying they are not secure. Director of Public Service Arkell noted the fence on the east side of the property is barbed wire, not chain link, so there is no way to secure the lot. Commissioner Frost wondered what type of lighting will be used, and Mr. Goehrung answered it will be the standard vapor light. Commissioner Frost instructed Mr. Goehrung to make sure the light is shielded. Commissioner Frost then suggested a mass of trees be planted to disguise the bump-out. Assistant Planner Morris stated the recommendation was for small trees and shrubs. Mr. Frost expressed his preference for a big mass of evergreen trees. Director of Public Service Arkell reminded the Commissioners she had appeared before the Commission in August and talked about moving the building because there are no sewer or water services available there. She also noted the Design Review Board is now requiring more landscaping, as well as a 15- to 20-foot setback from the fence. Ms. Arkell stated they would like to construct the building within 10 feet of the fence if the bump-out is removed. She also noted Section 18.49.060.B states screening can be required if it is found to be in the best interest of the affected properties. If the City is required to do landscape screening on the entire east side, the water main would have to be extended because it is not possible to irrigate that. If the Commission requires that landscaping, she would ask the hearing be continued so the lot could be set for landscaping purposes, and the proposal brought back for consideration. Mayor Youngman asked what staff's first choice would be: to move the building closer to Rouse Avenue or save the bump-out? The Superintendent of Facilities and Public Lands replied that would . depend upon the cost of the building. However, retention of the bump-out would give them more flexibility of use. Commissioner Kirchhoff suggested placing the bump-out to create an "L-shaped" configuration. Director of Public Service Arkell restated the purpose of the addition was to break up the facade of the building and in order to make that space usable it was enlarged. She stated relocation to the south end of the building would be preferable. Commissioner Frost suggested that the auto storage area be cleaned up. City Manager Johnson asked if it would be possible to put a single-family residence on thE! site. Director of Public Service Arkell replied a caretaker's residence could be located there. City Manager Johnson offered it might be feasible to offer a no-rent, mobile home residence for a security caretaker. Ms. Arkell reminded him to keep in mind the availability of sewer and water and that this site was a former treatment plant. Also, there is a gas line on the property. Director of Public Service Arkell expressed her concern with condition 8, street frontage trees planted on Rouse Avenue and East Griffin Drive. She stated it would be possible to plant the front section up to the Montana Power Company property, but beyond that it would not be feasible because there are no irrigation facilities available. Commissioner Brown agreed that would meet the intent since they would not be considering the whole lot, just the portion the building will be located on. Assistant City Manager Brey asked how this project would be funded. Director of Public Service Arkell responded there is just enough money in the streets, sanitation, sewer and water enterprise funds to erect the building without a concrete floor, no heat, and barely any lights. Superintendent of Facilities . and Public Lands Goehrung stated it would be in the city's best interest to pour a concrete floor now because of safety concerns. Mr. Brey noted that state statute says cities are exempt from zoning to ----...--. ..-.-... --. -------- -.. ..- - __on n___ .----....--- -- ----.-, .--------- ----------- - ..-------- - 24 ~ the extent reasonably feasible if the public value of the project outweighs the concerns. . Commissioner Kirchhoff confirmed that reduced landscaping requirements are being requested for the Rouse Avenue frontage. Superintendent of Facilities and Public Lands Goehrung stated they want to landscape the property similar to the Montana Power Company site next door. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for further development of a site and a Certificate' of Appropriateness, as requested by the City of Bozeman under Application No. Z-00144, to allow the construction of a 9,760-square-foot pole barn style metal-sided storage building to replace four existing storage buildings on Tract 12, Northeast Annexation, be approved, subject to the following conditions: 1. A Stormwater Grading, Drainage and Treatment Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets and private property must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses) , stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), storm water discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. . 2. All necessary permits must be obtained from the Building Division prior to c onstructi on. 3. The applicant shall provide a landscape plan for the west side of the building, along Rouse Avenue up to the Montana Power Company parcel, for the review and approval by Administrative Design Review staff and the Design Review Board landscape architect. 4. The bump-out shall remain on the west side of the building in order to break up the 120 foot facade. However, the bump-out shall be relocated toward the south end of the building. 5. Contingent upon funding and agreement with the City Police Department, the applicant shall be responsible for the clean up of the vehicle storage site. 6. The applicant must submit a Final Site Plan within 6 months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. 7. The applicant shall submit a landscaping plan to the Planning Department prior to building permits being issued. The plan will be subject to the review and approval of Administrative Design Review staff and the landscape architect on the Design Review . Board. The landscape plan must: -.--...--..- - 25 - a) show how permanent irrigation will be provided per Section . 18.50.100.D.5.i; and b) be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, Q!: an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.50.100.D.3.c. 8. Per Section 18.49.060.E. "Street Frontage Landscaping Required," street frontage trees shall be planted at a rate of one per 50 feet of street frontage on Rouse Avenue up to the Montana Power Company parcel. 9. All existing, exterior lighting on the property shall be brought into compliance and be arranged so as to deflect light down and/or away from any adjoining properties and so as not to detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A.1. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Public hearina - intent to annex 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision (east and south of Meadow Lane, north of Griffin Drive) (Richard Maus) (A-0006) . This was the time and place set for the public hearing on the intent to annex 1.608 acres described as Lot 21 , Gordon Mandeville State School Section Subdivision, as established by Commission Resolution No. 3410, entitled: COMMISSION RESOLUTION NO. 3410 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngma,:, opened the public hearing. Assistant Planner Morris presented the staff report. She noted this application has been brought before the Commission before and was approved, but the applicant did not sign that agreement and it has expired. . The Assistant Planner stated that, as a result of reviewing this application in light of the goals and policies set forth in Commission Resolution No. 3137, staff has recommended that the following items be addressed in conjunction with or prior to execution of the Annexation Agreement: . .---.. ..._.__... ._... u__.._ -. - -.....-.--- - 26 - 1. The Annexation Agreement, which addresses all terms placed on the annexation . application by the City Commission, shall be returned to the City of Bozeman Planning & Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18 inches by 24 inches) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 3. The property owner(s) shall provide cash.in-lieu of usable water rights, in an amount to be determined by the Director of Public Service, upon acceptance of the Annexation Agreement by the City of Bozeman. 4. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water anp sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, .Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. The Annexation Agreement should include notice that, prior to development, the developer(s) will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure . master plans and all City policies and guidelines that may be in effect at the time of development. 6. The owners shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) A City-wide Parks Maintenance District; and b) Street improvements including paving, curb/gutter, sidewalk, storm drainage for West Griffin Drive, and any associated traffic signals for West Griffin Drive and Rouse Avenue. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner grown, seconded by Commissioner Frost, that the annexation of 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision, requested by Richard Maus under Application No. Z-0006, be.approved; and that staff be directed'to bring back a resolution of annexation upon satisfaction of the six items listed above. 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. Public hearina - Zone MaD Amendment to establish initial zonina desianation of nM-2" - C&H Enaineerina and Survevina for Richard Maus - 1.608 acres described as Lot 21. Gordon Mandeville State School Section Subdivision (east and south of Meadow Lane, north of Griffin Drive) (Z-00141) . This was the time and place set for the public hearing on the Zone Map Amendment requested n____ . _ ._._n.... ._____ . - 27 - by C&H Engineering and Surveying for Richard Maus under Application No. Z-OO 141, to establish an . initial zoning designation of "M-2", Manufacturing and Industrial, on 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision. The subject parcel is more commonly located east and south of Meadow Lane, north of Griffin Drive. Mayor Youngman opened the public hearing. No public comment was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that upon annexation, direct staff to bring back an ordinance amending Bozeman's Zone Map to initially classify the 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision as "M-2" per Application No. Z-00141, subject to the following conditions: 1. The ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and approved by the City Commission. If the annexation is not approved, the application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8 Y2-inch by 11-inch or 8 %-inch by 14-inch map of the area to be zoned, to include the required 60-foot Meadow Lane right-of-way, acceptable to the Director of Public Service, which will be utilized .in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. 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. Adjournment - 9:03 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. 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. MA~~~ ATTEST: ~~~ R IN L. SULLIVAN - Clerk of the CommissiOI1 PREPARED BY: ~tLu--J M~ KAREN L. DeLA THQWER . Deputy Clerk of the Commission ----- ---,,-_.- . .. -.--...--------..