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HomeMy WebLinkAbout2000-09-18 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA September 18, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 18, 2000, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, City Attorney Luwe, 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. Minutes - January 18, January 24, January 31 , February 7 , February 14, June 19, July 17 , September 5 and SePtember 11 , 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of September 5 and September 11, 2000 be approved. 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 and July 17, 2000 to a later date. Public presentations re various issues Mr. Arnie Dood, 221 South 14 Avenue, talked about the problems with animals in the City of Bozeman, specifically cats and dogs. He stated his yard is serving as a focal point for neighborhood pets. He has sustained damage to his lawn and garden, as well as his roof, and endured other nuisances; and the situation has become intolerable. In response he is now live-trapping animals, and he has trapped 15 cats and 6 to 8 dogs so far. He suggested there needs to be some way to identify the problems and develop solutions. He identified the following problems: 1) It is not always possible to identify animals' owners; 2) There are risks associated with confining offending animals, which is now required by Animal Control; 3) Animal Control personnel are not available evenings and weekends when most problems occur; 4) Animals are taken by Animal Control to the Humane Society where they are readopted if they are not claimed; 5) Animals are given away without licenses; 6) Ordinances are not enforced; and when they are, fines are minimal; 7) Efforts at educating the public have been poor; 8) Animals running loose to face unknown dangers, which, in his mind, constitutes cruelty to animals. He then proposed the following solutions: 1) All animals should be required to wear identification . tags; 2) Animals leaving the Humane Society must be licensed up front; 3) The cost of licenses needs to be increased to allow additional Animal Control personnel to be available evenings and weekends; 09-18-2000 . - 2 - 4) Do not allow the transfer of animals without licenses; 5) Educate the public through radio, television, . and newspaper ads. All Commissioners agreed there is a problem and expressed their appreciation for the suggestions. City Manager Johnson asked if there is a minimum fine; and if not, could one be adopted. City Attorney Luwe responded it would be possible to institute a minimum fine, saying he believes there is a $50 minimum fine for other offenses, but not for pets at large. City ordinance currently requires every dog and cat to wear a City license tag or the owner should be fined. Commissioner Brown noted the situation at the Humane Society figures into this problem as well, stating they have a noble intent but it is not functioning well. Commissioner Smiley said she likes the idea of having the licensing completed before pets leave the Humane Society with the requirement of providing proof to the City of rabies vaccination within six months. City Attorney Luwe noted that once people are given the certificate of licensing, they will not return with proof of vaccination. Mayor Youngman asked if it is state law that requires rabies shots before licensing, to which Mr. Luwe replied it is a City recommendation, but he doesn't believe it is a state law. Commissioner Frost asked about the differences in consequences between pet at large infractions and cruelty to animals charges. City Attorney Luwe responded there is a $100 fine for cruelty to animals because it is a more severe situation. The second pet at large conviction within a year brings an elevated fine, and the individual could also be charged with a nuisance animal if it is a repeated offense. Staff Attorney Cooper added the nuisance dog definition has been expanded to . include any dog caught at large more than twice will be held and not released until the owner appears before the judge. That was put in place to provide a forum to look at each situation and impose conditions as needed to correct the problem. If there is no solution to the problem, the dog will be removed from the home. Commissioner Frost then asked if the City has the capability of following up on these animals. Mr. Cooper replied Captain McCarver, of the Police Department, works closely with the Humane Society; and they can recognize problem dogs. It was agreed staff would work with the Humane Society and come forward with a comprehensive plan to address these situations to present to the Commission. Ordinance No. 1526 - amendinQ zone code to establish a definition for" nonbroadcast telecommunication facility" and provide for review of such facilities, establish recreational vehicle parks as a conditional use in the RS district, and remove a restriction on commercial development in the R-O district Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1526, as approved by the City Attorney, entitled: ORDINANCE NO. 1526 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND AS FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH . ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND AS FURTHER AMENDED BY ORDINANCE NO. 1516, WHICH ORDINANCE IS NOT 09-18-2000 --...----.-.-- .-.-".-..--.-.-... - 3 - CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY ADDING . A NEW SECTION 18.04.1175, ESTABLISHING A DEFINITION FOR "NONBROADCAST TELECOMMUNICATION FACILITY"; BY REVISING SECTIONS 18.57.030 AND 18.57.040, PROVIDING FOR REVIEW OF SUCH FACILITIES: BY REVISING SECTIONS 18.12.020, ESTABLISHING RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE RESIDENTIAL--SUBURBAN DISTRICT: AND BY REVISING SECTION 18.26.040, REMOVING A RESTRICTION ON COMMERCIAL DEVELOPMENT IN THE RESIDENTIAL-- OFFICE DISTRICT. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1526, amending the zone code to establish a definition for "nonbroadcast telecommunication facility" and provide for review of such facilities, to establish recreational vehicle parks as a conditional use in the "R-S" district and to remove a restriction on commercial development in the "R-O" district, 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. Desianation of Votina and Alternate Votina Deleaates to the National Leaaue of Cities Conaress of Cities, to be held in Boston, Massachusetts, on December 5-9, 2000 Included in the Commissioners' packets was a memorandum regarding the designated voting and alternate voting delegates at the National League of Cities' Annual Business Meeting to be held in Boston, Massachusetts at 2:15 pm on Saturday, December 9,2000. . It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, to designate Commissioner Brown as the designated voting delegate and Commissioner Kirchhoff as the alternate voting delegate at the National League of Cities' Annual Business Meeting on December 9, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. Discussion re water conservation issues Included in the Commissioners' packets was a memorandum from Director of Public Service Arkell forwarding her recommendations for water conservation goals and recommending the Commission direct Engineering staff to prepare a Request for Proposal (RFP) for a consultant to devise a water conservation program for the City of Bozeman to meet those goals. Also included in the packets was a memorandum from Mayor Youngman commenting on Director of Public Service Arkell's memorandum and adding additional goals to be considered. Director of Public Service Arkell noted the water treatment plant will need to be replaced in five years, not because of increased demand but because it is old and failing. Mayor Youngman asked if there are any infrastructure improvements that can be made in the meantime other than what is currently being done. Water Treatment Plant Superintendent Elliott stated all necessary improvements are at least written down, if not scheduled. . Commissioner Brown stated that in order for him to make a good business decision, he needs to know what the variable costs are; and he asked if there are a lot of variable costs incurred. He also 09-18~2000 ------..----....--- --.. ..-----..---. . ...-...---- - 4 - asked if the City would be in danger of losing its water rights if it doesn't use them. Director of Public . Service Arkell replied the City pays for the water rights it uses and those it doesn't. The way the water rights are written for Hyalite Reservoir, the City is not in danger of losing those; but she is not sure about those rights at Sourdough. City Manager Johnson added the rights at Sourdough are water storage rights, the ability to store the water to stop it from going downstream, not the water rights themselves. Water Treatment Plant Superintendent Elliott added the Hyalite Lake water is stored water that belongs to the City. Expansion has doubled the capacity of that storage; and the City is paying 100 percent of those expansion costs, so that water will belong to the City. Creek water is water the City doesn't pay for; but that water has seniority rights, with the older rights having first access to the water. The City does have considerable amount of seniority rights, but as the years go by that will be a smaller percentage of the city's total use because it will use more lake-stored water. Commissioner Frost asked if the City could sell the water without selling its rights. Superintendent Elliott replied the City can share its water that is stored behind the dam, but not the water in the creeks. Whoever has the rights gets to use it, and it goes on down the line. Commissioner Frost then asked about the new pond at Sourdough, inquiring if the City will get its water rights up front. Water Treatment Plant Superintendent Elliott answered the main purpose of the surge basin is to keep the water not used behind the dam for future use. The goal is to always keep it as full as possible, not knowing what the future will have in store. The city wants to save the runoff water in the pond instead of letting it go down the creek. Many millions of gallons of water can be saved by keeping those surges in the basin. . Commissioner Brown asked if the city only gets water if the reservoir is over one-half full. Mr. Elliott replied there is a minimum small pool and water users have the right to take all the water in the lake right down to that minimum amount set by the Department of Natural Resources. Director of Public Service Arkell noted some of the farmers did use all their rights and were out of water because of this year's drought, and the city did share some of its water with one farmer. Commissioner Smiley inquired if the city should start planning for another holding facility so there would be a more stable supply. Water Treatment Plant Superintendent Elliott responded that is all part of a facility review. Commissioner Kirchhoff expressed his belief that conservation is good, but he said he doesn't see a connection between water conservation and the other long-term goals. Director of Public Service Arkell stated the only connection is to not have to make improvements to the water treatment facility because of demand. The water conserved today cannot really be saved because there isn't a vessel to keep it in. The public needs to be educated on how to conserve, however, so if they need to, they know how. Mayor Youngman added there needs to be a sequential plan because there isn't a genuine need now, but a desire to get people accustomed to the idea. A consultant needs to identify the threshold for when expensive improvements are getting near and provide a cost/benefit analysis and implementation strategy as to when to implement and when it is cost effective to do so. She suggested changing the regulations for new construction now to require responsible water-using devices and deal with older home conservation later when the need arises. Mayor Youngman said there needs to be a plan and proposal now so it is in place later when it is needed. . Commissioner Brown stated he believes this is a good thing to do, but he is not convinced of the timing. An alternate rate structure now doesn't make sense because services will be added making the 09-18-2000 - 5 - study invalid unless they can predict the influences of those services. . Engineer Hixson told the Commission there are new laws coming into effect, which means the costs of treating water are going up dramatically; therefore the City needs to start recycling its backwash water. Mayor Youngman said she is interested in a general approach only at this time. She would like to layout the options for the public, with all the factors added in so the public would know the steps, and the consequences of those steps, to give them a feel of a long-range plan of water use and the impact on the community. These steps will save the City time if it needs to implement these procedures in the event of a crisis. Commissioner Kirchhoff noted water conservation doesn't make an impact on storage. Where are the gains made by water conservation when only so much water can be stored and the rest of it goes downstream? Mayor Youngman responded by saying if water usage increases as the population grows, the demand will force the necessity of a new plant because of usage rather than because of aging structure. Terry Threlkeld, Allied Engineering,l 01 East Main Street, addressed the Commission saying if this were a community that didn't meter water usage, usage could be reduced from 30 to 40 percent by metering and modifying the rate structure so water hogs pay an accelerated rate, which will, in turn, encourage massive amounts of conservation. The principle is to reward those who conserve and charge those who don't. . Commissioner Brown stated it seems like a bad business decision to spend thousands to produce a document that may not be tenable several years from now, and he is not convinced an alternate rate structure developed now will be valid in five years. Mr. Threlkeld told the Commissioners they can put together a rate structure to encourage whatever water usage they want, but warned them there would be a revenue shortfall because of the decrease in water usage. He also said if the objective is to delay the construction of a new water treatment plant, the new rate structure should be im plemented now. Mayor Youngman suggested writing the Request for Proposals in such a way that they wouldn't get something impractical and premature, but rather a document that would provide a range of choices to determine when to start implementing measures; and one that could be presented to the public. Commissioner Kirchhoff asked how much of the recent water improvements could have been covered by impact fees. Director of Public Service Arkell responded none of the Lyman Creek cover project, but as much as the City wanted to for the surge basin because that is related to growth. Commissioner Smiley said she keeps focusing on storage facilities, because the city needs to be prepared in case of a disaster. Water Treatment Plant Superintendent Elliott noted the big key to increasing that capacity will be the completion of the Lyman Creek project. Currently the city's largest reservoir is out of service; and it is needed for fire protection, high demand, and emergency situations. Commissioner Smiley then asked if there would need to be a treatment center built for that water supply. Mr. Elliott replied the only regulatory requirement for that water is chlorination, and the City . requires fluoridation. Those capabilities currently exist, but they need upgrading. Radon levels could be improved by exposing the water to the air, which will be accomplished by the design of the new cover. 09~ 18-2000 ----------.- _n__ .._ ....___._______ - 6 - Engineer Hixson proposed the City could build a new clear well, which would expand service to . the south and would be the underground storage portion of the treatment plant itself. This would be the first step of building the new plant, and there could be a couple of million of gallons of storage provided there. Commissioner Kirchhoff expressed his uncertainty regarding the need for a consultant and the results of any study that might be conducted, although he indicated he might possibly agree to a consultant from Bozeman. He prefers to have some documentation internally from the Water Department providing projections of all areas of service and need. Water Treatment Plant Superintendent Elliott noted those things have been identified in the facility plan, although that hasn't been updated recently to reflect the current status. He suggested this might be the time to think about updating that plan. Director of Public Service Arkell noted that with the current staff level, that is a task that could not be accomplished in house. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to prepare an RFP for a consultant to devise a water conservation program for the City which includes the following goals: 1) Expand water conservation policies and practices as needed to keep volume demand at a level that avoids the need for treatment plant replacement as the population increases. Replace the plant only for physical deficiencies. 2) A conservation-promoting rate structure; one that will ensure the City will have the basic revenue to sustain operations and maintenance until a bond is obtained to . replace the water treatment plant. 3) Educate the public regarding the "good" of water conservation to enable them to be knowledgeable regarding the benefits and results of water conservation long before regulatory conservation is needed. 4) Ways to educate the public on drought-resistant sod and vegetation options and benefits, as well as the xeriscape option, including an analysis of the pros and cons of extensive xeriscape implementation in Bozeman. 5) A rebate or incentive system to encourage retrofitting of homes with low-flow devices, gray-water recycling systems, and energy- and water~conserving appliances. 6) Model regulations on drought-resistant sod and vegetation and low-flow devices for new construction. 7) Acknowledge that water conservation does not hold water in reserve for future use, with the exception of that which will be stored in the new pre-sedimentation basin. Unused water will still continue to flow downstream. The consultant should also be directed to include the following: 1) A proposal for a plan to address each option. . 2) Indicate what percentage of water each option could save. 09-18-2000 -- --------. --... -. .--- - - 7 - 3) Cite the implementation cost of each option. . 4) Demonstrate the likely savings or delayed costs for new and expanded infrastructure from each option. 5) Suggest a logical sequence/timing for implementation of the various programs and policies; a long-range plan for implementing the various changes as particular demand thresholds are reached. 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. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to appoint Mayor Youngman to the RFP committee. 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. Commission Resolution No. 3395 - amendinQ the rules of procedure for the conduct of City Commission business Included in the Commissioners' packets was a copy of Commission Resolution No. 3395, entitled: . COMMISSION RESOLUTION NO. 3395 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. City Attorney Luwe reviewed the additions and corrections he made to this Resolution, which was handed out to the Commissioners before the start of the meeting. Referring to the bottom of page 2, Commissioner Kirchhoff inquired as to how the Commission would make the decision on "mayor may not accept public testimony". City Attorney Luwe replied if 100 people show up to testify on a concept review, does the Commission want to allow all 100 people to speak? This phrase will give the Commission the flexibility to adjust as it sees fit. Commissioner Kirchhoff then asked what justification there is for saying yes or no to a concept review. Mr. Luwe answered that could be based on whether or not the Commission has the time to conduct a review. Commissioner Kirchhoff indicated it is important there be a perception of fairness for all reviews. He then asked when the resolution would take effect, to which City Attorney Luwe replied it will take effect immediately and could affect the evening's public hearings. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission Resolution No. 3395, amending the rules of procedure, be adopted, deleting the word "only" from page 2, item 50, line 3. 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. 09-18-2000 ~ 8 ~ Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter of response from Engineering Assistant Kerr to Ms. Sandy Osborne regarding the installation of sidewalks. (2) Memo from City Manager Johnson, dated September 15, forwarding statistics on the workload being handled by the front window person at the Police Department. (3) Memo from City Manager Johnson, dated September 15, forwarding a sample document for defining the interests of local government, in preparation for the upcoming legislative session. (4) Copy of a press release from Senator Conrad Burns regarding V A/HUD funds for various activities in Montana. (5) Copy of the focus group meetings for the Bozeman 2020 plan, scheduled for September 25, 26 and 27. (6) Notice of the Cemetery Board meeting to be held at 1 :00 pm on Thursday, September 21, in the Commission Room. (7) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, September 19, at the Professional Building. . (8) Agenda for the City Planning Board meeting to be held at 7:00 pm on Tuesday, September 19, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, September 19, at the Courthouse. (10) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 10:00 am on Wednesday, September 20, in the Commission Room. (11 ) Agenda for the Montana Transportation Commission meeting to be held on September 28 in Baker. ( 12) Invitation to the Yellowstone Center Open House to be held September 23 and 24 from 11 :00 am to 4:00 pm. (13) Press Release announcing a community meeting to be held on Wednesday, September 27 from 7:00 pm to 9:00 pm to discuss current and future use patterns for Burke Park. City Manager Johnson forwarded the following during his FYI: 1) The FYI item reflecting the workload being handled by the front window position at the 80zeman Police Department could relate to agenda item no. 12. the public hearing on the amendments to the City's budget for Fiscal Year 2000- 2001. He indicated he has been receiving these reports from Chief Tymrack for awhile and seeing the . volume of calls involved is very interesting. 2) The legislative issues FYI is something he has been wanting to write for quite some time, since he has been frustrated by the legislative meetings being 09~ 18-2000 ------- - ___n_ - 9 - held. This is an example of the work of others that could be a useful tool to help when lobbying the . legislature. Commissioner Brown added the County is planning to hire the same lobbyist they hired two years ago. Mayor Youngman noted the legislative forum with the candidates has not yet been scheduled. Commissioner Kirchhoff volunteered to call the County Commission office to check on the progress of the legislative forum and also the legislative issues that have been turned in by the other communities. Mayor Youngman suggested redefining the Commission's legislative list, if necessary. 3) He will be gone on Wednesday, September 20th, but hopes to be in the office Thursday morning for the agenda meeting. Commissioner Smiley offered the following FYI: 1) She introduced her friends from Hawaii who are here visiting. Commissioner Frost presented the following FYI items: 1) He noted the transportation meeting held on Monday night, September 11, in the gymnasium of the Willson School was a very poor presentati on. There was too much noise, no one knew what was going on except those who were talking; the signage was horrible, people were lost and couldn't find the meeting; and he isn't sure anything came out of that meeting. 2) He asked how the new front window person at the Police Department found the time to compile numbers when 9-1-1 personnel can't find the time. He also asked if the Commission could get the number of 9-1-1 calls now. Commissioner Smiley said she was given copies of a number of sheets that were faxed, with no explanation, to the County Commission office; and she is having Helene Greninger compile them. City Attorney Luwe offered they were the daily logs of significant events the Dispatch Center puts out, although he is not sure what "significant" denotes. He believes they do not cover all phone calls, but are a reflection of incidents that required some kind of dispatch. They probably are a good representation, though. City Manager Johnson told . the Commissioners the information they want is available in spiral binders and cards, but the Administrative Board has never chosen to direct the Dispatch Center to take the resources to go through the binders and cards to produce a report. Commissioner Kirchhoff inquired as to how long that would take, with City Manager Johnson replying he had no estimation. Mr. Johnson also noted that after 5:00 pm and on weekends, the dispatchers are still taking some business calls. Mayor Youngman presented the following FYI items: 1) She will pass out the information on the National League of Cities meeting in Boston, noting reservations need to be made right away. 2) She met with a Congressman from the Philippines a couple of weeks ago; and this week she will meet with a larger group of dignitaries on Thursday morning, with a reception being held on Friday afternoon at the Comfort Inn. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaaer to sian - Amendment II to the Bozeman Transoortation Plan Uodate Fundina Aareement between the Montana Deoartment of Transoortation and the City of Bozeman 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 09-18-2000 - ------- --- -- -- - 10 - Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor . Youngman; those voting No, none. Recess - 5:23 om Mayor Youngman declared a recess at 5:23 pm, to reconvene at 7:00 pm for the purpose of conducting the scheduled public hearings. Reconvene - 7 :00 om Mayor Youngman reconvened the meeting at 7:00 pm for the purpose of conducting the scheduled public hearings. Public hearing - amendments to the City's budaet for Fiscal Year 2000-2001 This was the time and place set for the public hearing on amendments to the City's budget for Fiscal Year 2000-2001, as proposed by the City Manager, to provide additional funding sufficient for two additional personnel in the Joint Dispatch Center. Mayor Youngman opened the public hearing. City Manager Johnson highlighted the purpose of these amendments and provided a brief history of the Joint Dispatch Center and the requests for additional personnel. . Bill Slaughter, Gallatin County Sheriff, 16161 Cottonwood Road, stated he was one of the first members of the Administrative Board and has served with a couple of City managers. He said the Board wants the best 9-1-1 system they can afford. Huge changes have taken place over the years; and now there is a public safety answering point, where the public comes first. The highest priority is now the public, not the officers, EMS, or other personnel. Sheriff Slaughter charged the City Commission, County Commission, and members of the Administrative Board have all used the Director as a lightening rod. He stated the Board hired her, they evaluate her, they set her priorities, and they will be the ones to ask her to leave! The Board has set the direction for the Director, and that direction is to get CAD up and running above everything else. The intent is to save the grant money that is in jeopardy and to justify the expenditure of the $1.8 million already spent, as well as provide better service to the community. Mr. Slaughter noted the Director warned the Board that policies and procedures development, supervision training, and the gathering of data and statistics would be pushed aside if she devoted her time to getting CAD up and running. Additional fire service personnel and additional patrol officers have required additional dispatchers. Sheriff Slaughter said, "The message to this Commission is stop micro-managing the Director; she works for us! If you have problems, come to the Board. If you have problems with the way the Board has directed the Director, come to the Board. The can't, won't, and don't attitude does not prevail. " He concluded by saying there is talk about changing the makeup of the Board and trying to fund it through a levy. Marty Lambert, County Attorney, took issue with City Manager Johnson's memo and made the following points: 1) The City Commission did not just become aware of the overtime issue; they were . fully aware of the staffing concerns and overtime at the Center. The Commission was alerted to these facts during the July, 1999 budget discussion, the September, 1999 Director's report to the Board, 09-18-2000 ".-- - 11 - October, 1999 correspondence from the Director, and a November, 1999 report from the Director. 2) . There are no statistics available because the Director was told to get CAD up and running, not to compile statistics for the Bozeman City Commission. Mr. Lambert noted in a September, 2000 letter from the State 9-1-1 Program Director it is recommended 9-1-1 Centers assign dispatchers according to function. He also noted that currently only two of the 14 dispatchers are qualified to read the medical cue cards for emergency situations. Mr. Lambert concluded by saying the reasons for the four additional personnel have been there all along. Although this is a step in the right direction, it is unfortunate the Center cannot have the four people they need. Aaron Holst, City of Bozeman Fire Chief and chartered Board member, stated he is the only fire services member on the 9-1-1 Board. His voting record on that Board shows he has voted in favor of increased staffing every time because he believes the Center needs that kind of staffing level. This is the first point of contact for the public to access emergency services in Gallatin County, and the first impression needs to be good and positive. He continued, saying the population is increasing, the number of calls is increasing, there is a higher number of law enforcement people so there is an increase in radio traffic; and yet the dispatch staffing levels have only included changes from part timers to full timers. The dispatchers' role has changed dramatically. Chief Holst stated he is here tonight speaking in favor of the budget amendment to provide additional staff for the Joint Dispatch Center. Based on the number of fire calls alone, two dispatchers are required; and that's only for the phone calls coming in, it has nothing to do with the radio traffic relating to those events. Chief Holst further stated this is not about creating a railroad accident; it is about creating a safe, fully staffed Center. Chief Holst then forwarded the following for the Commission to consider: 1) The Board hopes to live within the solution, rather than the problem; 2) The joint Commissions need to identify a . dedicated revenue source for the Center, rather than continuing to run the risk of the City budgeting one year for a specific item and the County choosing not to; 3) The departments need to look at their own operations to see what they can do to streamline. Currently the Fire Department is looking at incident command within the Department; and there will be a single person assigned to communicate with dispatch, and that is the individual responsible for personnel safety and who will be held accountable for their safety; 4) Acquire and use technology to help "streamline business in the streets"; 5) Do away with the Administrative Board; his concern is they are not acting on principle-centered leadership. It behooves all involved to do something differently to get different results. Different tools need to be used to accomplish what needs to be accomplished. Brian Leland, 528 North Bozeman Avenue, said he has friends in the fire services; and he has heard the fire services also have concerns about the performance of the 9-1-1 Center, although they haven't aired those publicly. Obviously there are some serious problems there. He believes the firefighters favor an increase in staffing as the best way to solve those problems because the dispatchers are overworked and their performance falls off. Mr. Leland stated he would like to add his voice to the call for a permanent funding source for the 9-1-1 Center, although he disagrees with the use of a levy. He favors the use of some kind of a service designation to only tax individuals, businesses, and homes to fund 9-1-1, so agriculture is not burdened with this funding. Jack Joyner, 403 Southwood Drive, stated he has been in favor of 9-1-1 Director Hansen ever since she got here. She needs the staffing she has asked for, Ii ke the other directors before her, for everyone's protection. There is a troubling lack of communication without these additional dispatchers. . Commissioner Frost asked when the CAD system is going to be up and running. 9-1-1 Communications Director Hansen replied, "Good question." Once the vendor is given the word to go, 09-18-2000 .-..- -.-.... - 12 - which should be in about four to six weeks, they have a 3~month process of testing to make sure the . system is ready to go. She stated it could be the end of this calendar year that the system will be up and running. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated he will support City Manager Johnson's suggestion, based on the belief that those people who have been testifying that this is going to happen with additional staff people have integrity. Even though no one gave any technical reason, there still has never been an answer to the data question; and the CAD system still isn't done. Commissioner Kirchhoff continued, saying he would like to have more than a belief the next time the Commission needs to appropriate monies. He would like to have, conditional to the allocation of these funds, assurances the Commission will have the requested data; and if they cannot have those assurances, he cannot approve the outlay of any more money. Mayor Youngman asked if the Commission votes to approve the increase in staffing level, are there any other impediments they don't know about to the full, successful implementation of the 9-1-1 system? The Commissioners need a timetable and a sense of what needs to be accomplished, and what it will take to accomplish that. County Attorney Lambert responded this project is 2.5 years beyond the original completion date, and the vendor wants to get this project off of their books as well. The vendor is being very cooperative; there are no contract issues with them. Commissioner Frost asked when will this system be up to speed, and when will this be running the way it is supposed to be? County Attorney Lambert replied only two of the 14 dispatchers are . emergency certified, and they will need to develop a plan to take the dispatchers off line to get them certified. There is a full spectrum of needs that will have to be met. 9-1-1 Communications Director Hansen said there are lots and lots of people involved in this front-end process, and a lot of changes have been attributed to this overall project. And with that, everyone has to come together to agree on the protocols; and all this is the toughest part. Once the switch goes on, it is a matter of working out the bugs. The vendor will shadow them for six weeks to make sure everything goes smoothly. Mayor Youngman asked if this 6-week period will be after the end of this calendar year. Director Hansen responded after the system goes live, sometime after the first of next year. Time and speed are her goals to get this system turned on. Commissioner Frost stated that with two more dispatchers and the CAD administrator, this system should be totally working by the first part of February, then. 9-1 ~ 1 Communications Director Hansen replied it takes three to six months to train a dispatcher, so they will not see any immediate relief from hiring these two additional dispatchers. She foresees a minimum of three months before there is any relief. Commissioner Frost then commented that the way he likes to deal with the public's money is to budget what the City can afford first of all, and then it is important to the Commission that they know what the performance is going to be. It is only good common sense that there be a tangible outcome for what the taxpayers are paying for. He said he will support this, but he has several conditions. Those conditions include: 1) Performance standards, including having all equipment and systems up and running smoothly, will be met by February, 2001. 2) Gallatin County will implement the maximum 40- . hour compensatory time rule for dispatchers. 3) The Center will meet the requirements for compliance to retain all current grants. 4) The Center will demonstrate an acceptable approval rating from the 09-18-2000 ~ 13 - Gallatin County Sheriff's Department, the Bozeman Police Protective Association, the Gallatin County . Fire Council, and the Managers or Mayors of Belgrade, Three Forks, and Manhattan. Commissioner Frost stated his goals are to make sure the taxpayers are getting what they are paying for, and the people using the system are satisfied with it. Commissioner Smiley expressed her agreement with Commissioner Frost, adding it is time to get this system up and running; and it is the Board's responsibility to make sure this gets done. City Manager Johnson asked if it would be acceptable to receive a letter from each user group that they are satisfied with the working relationship and the service they are receiving from the Joint Dispatch Center. He also asked what would be the consequences of receiving unfavorable ratings. Commissioner Frost replied if these conditions aren't met, he will be hard pressed to fund the additional personnel. He continued, saying this process has been going on for years, yet he has never seen a budget for the 9-1 ~1 Center. Taxpayer monies continue to be put into this; and the Commission doesn't know what really is happening, except that so far not much has happened. If these conditions are met, 9-1-1 should be up and running; and everything should be okay. Commissioner Frost noted next year is another budget year, and he will have to see how things progress before then. Commissioner Brown stated 9-1-1 is a project he has been concerned about and interested in for several years, and he continues to be now. He has also been frustrated by the slow progress made by the Center. He said he has respect for the members of the Administrative Board, who are very capable people; and he does not want to micro-manage the 9-1-1 Center nor decide if the Administrative Board needs to be disbanded or not, but he does want to see that Board work together much better. He also said he does not like putting conditions of approval on this request because he doesn't believe . all the criteria can be met, but he will vote favorably for it. If the City is requested to fund two more dispatchers next year, he will want some questions answered first. Break - 8:00 Dm Mayor Youngman declared a break from 8:00 pm until 8:04 pm in compliance with Commission policy. Commissioner Smiley stated she agrees that 9-1-1 is a critical part of this community. She also stated that if these two staff people will help solve the problems and the conditions can be met, she will be happy to put an end to all the excuses once and for all. The Commissioners will agree to fund the additional staff; but if this doesn't end the excuses, it will be different at the next budget hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve the amendments to the City's budget for Fiscal Year 2000-2001, to provide 45 percent of the total funding required for two additional dispatchers, subject to the following conditions: 1) Performance standards, including having all equipment and systems up and running smoothly, will be met by February, 2001 . 2) Gallatin County will implement the maximum 40-hour compensatory time rule for dispatchers. . 3) The Center will meet the requirements for compliance to retain all current grants. 09~ 18-2000 - 14 - 4) The Center will demonstrate an acceptable approval rating from the Gallatin County . Sheriff's Department, the Bozeman Police Protective Association, the Gallatin County Fire Council, and the Managers or Mayors of Belgrade, Three Forks, and Manhattan. 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. City Attorney Luwe asked what would happen if these conditions aren't met; would that be related to the next budget year or the current one? Commissioner Frost replied the next budget cycle would be impacted. Mayor Youngman noted that if the Administrative Board or the 9-1-1 Director modifies these expectations, they need to advise the Commission. This is the standard the Commission will be upholding; they are trying to make their expectations more concrete this time in order to help the Center be more successful. All the Commissioners are committed to moving forward and making the 9-1-1 Center work. Public hearing. intent to annex 20.33-acre tract located in the N1f2. SE~ , Section 35. T1 S. R5E. MPM, as shown on COS No. 331 (2501 North 19th Avenue) - Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust (A-0005) This was the time and place set for the public hearing on the intent to annex a 20.33-acre tract located in the North one-half, Southeast one-quarter. Section 35. Township 1 South. Range 5 East, Montana Principal Meridian, as shown on Certificate of Survey No. 331, under Commission Resolution No. 3386. entitled: . COMMISSION RESOLUTION NO. 3386 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS 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 Youngman opened the public hearing. Temporary Planner Caroline presented the staff report. She noted that the applicant is the Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust. and this request for annexation is being considered under Application No. A-0005. The Temporary Planner stated the application has been reviewed by the Development Review Committee and both they and staff find this request meets the criteria as stated in Resolution No. 3137. She also noted that the 1990 Bozeman Area Master Plan had this property zoned Urban Residential. but it was reclassified to Business Park with the adoption of the North 19th Avenue entryway corridor plan. Temporary Planner Caroline forwarded staff's recommendation for approval of the annexation. subject to the following items being addressed: . 09-18~2000 --- --- --- -- - 15 - 1 . The Annexation Agreement. which addresses all conditions placed on the . annexation application by the City Commission, shall be returned to the City of Bozeman Planning and 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-inch by 24-inch) 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. Applicant must extend the 10-inch sanitary sewer and the 1 2.inch water mains in Max Avenue to provide city water and sanitary service to the property prior to any future development of the site. 4. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for Rawhide Ridge. b. Signalization and intersection improvements for the intersection of Deadman's Gulch and North 19\h Avenue. . The document filed shall specify that in the event an SID agrees to participate in an alternate financing method for the completion of said improvements is not utilized for the completion of these improvements, the developer on a fair share, proportionate basis as determined by square footage of the property. taxable valuation of the property. traffic contribution from the development or a combination thereof. 5. Applicant shall sign and file with the Clerk and Recorder's Office a Waiver of Right to Protest the creation of a city-wide parks maintenance district which will provide a mechanism for the fair and equitable assessment of maintenance costs for city parks. 6. Landowner acknowledges and agrees that at the time municipal water and/or sewer services are available to the existing residential structures, those structures shall connect to those services at the property owner's expense, and the existing septic tank(s) must be properly drained and filled/removed. 7. Assuming annexation and subsequent City fire protection. water supply for the subject property will be provided from the fire hydrant in front of Keller Supply. The distance from this fire hydrant to the subject property is in excess of the Fire Department's ability to provide standard fire protection. In addition to the distance, North 19\h Avenue would have to be completely closed to allow the Fire . Department's supply hoses to cross the road. 09-18-2000 - 16 - Applicant shall agree to hold the City and Fire Department harmless from any . liability associated with delayed responses and inadequate water supply. The Hold Harmless Agreement shall be approved by the City Attorney's office. 8. No construction shall be allowed on the subject property until such time as an approved water supply is provided to the site. 9. The Annexation Agreement shall contain a section that the landowner acknowledges and agrees that usable water rights, or cash-in-lieu thereof, must be provided to the City of Bozeman per Policy No.5 of Commission Resolution No. 3137 prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first. The amount of water rights or cash- in.lieu will be determined by the Director of Public Service at the time of such development. 10. Applicant must submit an exhibit showing the 70-foot public open space/ linear trail and stream corridor easement on the subject property when filing the Annexation Agreement. Commissioner Kirchhoff asked if there is any knowledge regarding the kinds of infrastructure improvements that will be required by the further development of North 19th Avenue. Planning Director Epple replied the transportation plan proposes that from Baxter Lane to Springhill Road there will need to be a 5.lane road constructed. A significant amount of additional development, like further retail expansion, will trigger that requirement. Traffic signals at Deadman's Gulch and the Interstate 90 off. . ramps are also being considered. Commissioner Kirchhoff then asked if this property will be required to take part in those improvements. Planning Director Epple responded the Montana Department of Transportation is in charge of these improvements; and that question would have to be answered by a traffic analysis, with any level of participation being based on trip generation. Temporary Planner Caroline added as each new development has come in, each developer has had to sign Waivers of Right to Protest SIOs for improvements to signalization and other improvements. Joel Shouse, 7900 Leverich Road, stated he is assisting the Rolfe family, who has owned this property for 40 years. They have no plans for this property in mind at this time. When they came to City staff to move ahead toward annexing this property, staff recommended they consider annexing and changing the zoning to comply with what is called for in the North 19th Avenue corridor master plan. The applicants are now here looking for direction from the City and the Commission since they have no development plans at this time. Robert Huebner, 11920 Spring Creek Drive, asked if there has been any discussion to include in the annexation agreement a provision for acquiring the right of way now, in the event this road is indeed increased to five lanes in the future. Otherwise, if the City plans to condemn the property, the zoning designation will dictate what the City will have to pay for that right of way. Temporary Planner Caroline said staff did request information from the Montana Department of Transportation, and they had no problems with the existing right of way. Joel Shouse pointed out this property is totally surrounded by the city, so this annexation is appropriate. The Rolfes have agreed to sign a waiver of protest of SIDS, noting they did participate in . the water SID and are currently paying the assessment on that. 09-18-2000 -- ...- --- ___._m .__ - 17 - Mayor Youngman stated that in recent annexations the Commission has been trying to add . smart-growth principles, in order to be consistent. If this property doesn't develop until the growth plan has been adopted, it will be covered by that plan. If development begins before the plan is adopted, it will still have to conform to the growth plan; and the Commission needs to make sure that is covered. City Attorney Luwe said he doesn't know how that would be enforced. There are two pieces of the puzzle for the Commissioners to think about. Work is currently being done on zone code amendments, so they could hold off on this application until those are in place; or they can come back with enforcement mechanisms in the conditions, but those will have to be worked out. Commissioner Frost stated the PUD process will give the Commission the authority to do what they believe is best, and that will work to regulate any development. Commissioner Brown said he is also comfortable with the PUD review at the time of development. Commissioner Frost then asked if the City will be called upon to pay for any signalization of North 19th Avenue since this is a state highway. City Manager Johnson replied it is possible the City may be asked to put additional urban funds into that project; but as it stands right now, and for the next five years, there are no plans to have any additional funds headed toward that project. That doesn't mean, however, the City won't be asked. Sarah Zimmer, attorney representing the applicants, said it seems to her this property is appropriately located and postured for annexation; and she urged the Commissioners to approve this annexation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to waive the required one-week waiting period for land-use and annexation decisions. 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to direct staff to bring back an annexation agreement for review and possible action by the Commission, following satisfaction of Item Nos. 1 through 10 listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley, and Mayor Youngman; those voting No being Commissioner Frost. Public hearinQ . Zone Map Amendment - establish an initial zoninQ desiQnation of "BP" on 20.33-acre tract located in the N% , SE~. Section 35. T1 S, R5E. MPM, as shown on COS No. 331 (2501 North 19th Avenue) - Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust (Z-0082) This was the time and place set for the public hearing on the Zone Map Amendment requested by the Fae B. Rolfe Revocable Trust and the William A. Rolfe Revocable Trust, under Application No. Z-0082, to establish an initial zoning designation of "BP", Business Park, on a 20.33-acre tract located in the North one-half, Southeast one-quarter, Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, as shown on Certificate of Survey No. 331. The subject property is more commonly located at 2501 North 19 Avenue. Mayor Youngman opened the public hearing. . Temporary Planner Caroline presented the staff report, noting staff finds an initial classification 09-18~2000 _..u_.._.___ -- ---.--.- ---..-... - 18 - of "BP" is appropriate and will meet the requirements as set forth in Section 76-2-3304, M. C. A. Staff . recommends approval of the Zone Map Amendment with the contingencies outlined in the staff report. Responding to Commissioner Frost's earlier question regarding rezoning this property residential, Ms. Caroline noted this property must be zoned "M-l" or "BP" because the zoning must be in compliance with the North 19th Avenue master plan. This property cannot be zoned residential except through a PUD requiring residential zoning. Planning Director Epple added the master plan designation of "BP" was established in 1996 when the North 19th Avenue/Oak Street master plan was adopted. These are the only two choices for zoning designations that can be applied to this property without a complete master plan amendment. Commissioner Frost said he doesn't understand why having residential development next to commercial and business park development is negative. There needs to be people living around commercial development centers. He stated he would prefer "RO" or "Urban Residential" zoning. Mr. Shouse said the applicants agree with the staff report and staff's zoning recommendation. Ms. Zimmer noted this request is in keeping with the master plan; and since there are only two options, "BP" was chosen. She encouraged the Commission to approve the "BP" zoning per staff recommendation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated that since his suggestion isn't possible, he will accept this zoning . designation. Mayor Youngman noted some mix of uses will be considered when the new growth plan is adopted. Commissioner Smiley suggested the Commission needs to figure out how to get more housing into this area. Mayor Youngman responded not up against North 19th Avenue, but possibly in the back portion of the property. Commissioner Frost reminded the Commission that smart growth principles call for housing to be on major thoroughfares, as well. Commissioner Kirchhoff said there is hope by this Commission that perhaps some of this land might be developed not merely as a complex but include a variety of uses. There is a good chance to have a successful mixed-use development in this area, and this Commission is unified in wanting to see maximal uses of land. Mayor Youngman reopened the public hearing. Dick Rolfe, 2525 North 19 Avenue, said mixed-use development makes sense, but not necessarily next to North 19th Avenue because of the noise factor. They live close to North 19th Avenue now, and at times the noise is practically unbearable. Further away, toward the stream, it does make sense to have some residential development. Commissioner Kirchhoff asked if the west side of this property abuts the SANDAN property. Mr. Rolfe replied no, it is adjacent to the Gallatin Center development. City Manager Johnson asked how the City can insure the residential development will occur, when commercial development is where the good money is. What would stop a developer from walking away from the residential requirement after completing the commercial phase? Would the City require . a certain amount of residential development be completed before the commercial development can be completed? Planning Director Epple replied that could be accomplished through the PUD process 09-18-2000 - ...-- --.--- -.--- ~ 19 - through phasing, thresholds, and triggering points. . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, to waive the required one-week waiting period for land-use decisions. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Zone Map Amendment be approved and upon annexation, direct staff to bring back an ordinance amending Bozeman's zone map to initially classify the land as "SP" as recommended by the Zoning Commission in Resolution Z-0082, subject to the following conditions: 1. The ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and adopted by the City Commission. If the annexation is not approved, the approval for this application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8 V2-inch by ll-inch or 8 V2-inch by 14-inch map of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the prepara~ion of the ordinance to officially amend the City of Bozeman zoning map. In addition, two digital copies on 3 V2 -inch DS/DD disk must be provided to the Planning Office. 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 hearinQ - Zone MaD Amendment - "A-S" to "R-S" on 419.579-acre Darcel described as the NE1/4 and SE1/4 and El/2 of NW1/4 and SE1/4 of SW1/4 of Section 17, T2S, R6E, PMM - Bozeman Deaconess Health Services (bounded by Ellis Street, Haaaertv Lane, Bozeman Trail Road, KaQY Boulevard, Hiahland Boulevard and New Hvalite View Subdivision) (Z-O 1 02) This was the time and place set for the public hearing on the Zone Map Amendment from "A-S", Agriculture Suburban, to "R-S", Residential Suburban Country Estates, on a 419.579.acre parcel described as the NE 1/4 and the SE 1/4 and E 1/2 of NW 1/4 and SE 1/4 of SW 1/4 of Section 17, T2S, R6E, PMM, owned by Bozeman Deaconess Health Services and bounded by Ellis Street, Haggerty Lane, Bozeman Trail Road, Kagy Boulevard, Highland Boulevard, and New Hyalite View Subdivision. Mayor Youngman opened the pubic hearing. Assistant Planner Morris presented the staff report, stating the Zoning Commission finds that the proposed Zone Map Amendment generally complies with the 12 criteria set forth for consideration as established in Title 76-2-304, M.C.A. This amendment will have minimal zoning impact until a plan is developed, and that plan will be required to go through the PUD process. Commissioner Frost asked if this property is zoned "R-S", will it be able to be developed? . Planning Director Epple replied only through the PUD process. Commissioner Frost then inquired if a PUD could allow l-acre lots. Mr. Epple answered with an "R-S" designation and the PUD process, the 09-18-2000 - --- - --...---,,--.-. .-. -.. .--- - ..---...-.-- --.-- - - 20 - Commissioners would have more discretion. Commissioner Frost then restated that it would have to . go through the PUD process, to which Assistant Planner Morris replied, "Yes". City Attorney Luwe added there are several paragraphs in the staff report devoted to the requirement to go through the PUD process. Rick Kerin, Kerin and Associates, P.C. and applicant's representative, stated they are the firm that prepared the annexation map and the rezoning application. Their client is willing to bring this property into the city at whatever zoning designation the Commission feels is appropriate, but this designation is based on the advice of staff as the appropriate zoning designation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley said she is excited to see this property coming into the city. Commissioner Kirchhoff asked about the pending annexation. Planning Director Epple replied the applicants have signed the annexation agreement. and it will be coming forward in the next week or two. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to waive the required one-week waiting period for land-use decisions. 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. Commissioner Brown announced he had served as a member of the Bozeman Deaconess Foundation from 1981 until 1990 but did not feel this would be a conflict. . It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Zone Map Amendment be approved and upon annexation. direct staff to bring back an ordinance amending Bozeman's zone map to initially classify the land as "R-S" as recommended by the Zoning Commission in Resolution Z-01 02, subject to the following conditions: 1. The ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and adopted by the City Commission. If the annexation is not approved, the approval for this application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8 'V2 -inch by 11-inch or 8 'V2-inch by 14-inch map of the area to be zoned, 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 Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Public hearina - variances from Sections 18.50.11 0.B.1., 18.50.11 O.B. 7 and 18.50.11 0.B.11 of the Bozeman Municipal Code on COS No. 17 , located in the SEY4 , SWY4 , Section 35. T1 S, R5E, MPM to allow existina 12-foot-wide driveway to remain, rather than reauirina a 26-foot-wide driveway for two- way traffic; allow the existina parkinQ area to remain unpaved; and to not require the installation of . perimeter curbina around the parkina lot and drive accesses - Michael and Katy Derzay, Complete Property Maintenance (5405 Baxter Lane) (Z-01 01) 09-18-2000 .- - - 21 - This was the time and place set for the public hearing on variances from Sections . 18.50.11 O.B.l ., 18.50.11 O.B. 7, and 18.50.11 O.B.ll of the Bozeman Municipal Code on COS No. 17, located in the SEl /4, SWl /4, Section 35, Tl S, R5E, MPM to allow the existing 12-foot-wide driveway to remain rather than requiring a 26-foot-wide driveway for two-way traffic, allow the existing parking area to remain unpaved, and to not require the installation of perimeter curbing around the parking lot and drive accesses requested by Michael and Katy Derzay, Complete Property Maintenance, and located at 5405 Baxter Lane. Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report and overview of the project, stating staff supports all three variance requests. Commissioner Kirchhoff noted staff is in favor of all three requests, yet the staff report says staff cannot support two of the three. Assistant Planner Morris replied staff supports the variances, but they are unable to identify the hardship criteria. Planning staff is recommending approval, noting this proposal is in keeping with the neighborhood character. Planning Director Epple added staff feels these would be worthy variances to grant, but they were unable to find the types of hardships that are typically required to grant variances. The thinking is this a rural setting, there is no conflict with the spirit of the ordinance, and staff doesn't feel there would be any physical compromise with granting these variances, but they could not find a hardship unique to the property. He continued, saying the Commission may find the neighborhood character and rural setting are unique circumstances. This project will not increase trip generation or change the use or character of the neighborhood at all. Michael Derzay, 232 Willow Boulevard, Belgrade and property owner, presented the history of . this property. This property was annexed in 1999, the zoning was changed to "RS", it was connected to city sewer services, and the required impact fees were paid. Mr. Derzay said these plans call for no new construction, merely a different business operating from this site. There are no problems with the current level of usage, and the neighbors have submitted letters of support. The neighbors also feel widening the drive, paving the lot, and adding curb and gutter will make this a more commercial property and will, therefore, detract from the rural feeling of the neighborhood. Mr. Derzay believes a hardship owing to the land does exist because commercialization of this property is contrary to the desire of the neighbors. Justin Buchanan, representative for Mr. Osteen and Mr. Oerzay, stated there are four mature spruce trees to the west of the building which were omitted from the drawing. He reiterated this is a rural property, recently annexed; and the nature of this property is a hardship because the City is trying to fit urban regulations to a rural area. Mr. Buchanan added the trees will have to be destroyed to pave this driveway, even if they do a minimum of road work. His client is willing to reg ravel those areas and provide a drainage plan. Curb and gutter, as well as pavement, will increase the runoff, which will cause more problems and necessitate a drainage basin, which will further destroy the landscaping. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated he believes the first variance meets the hardship of the land because of the existing mature landscaping. He noted state law requires the Commission to apply these criteria; but if they believe this meets the first criteria, then paving and curbing would be inappropriate for the driveway. . 09-18-2000 ....-- . -.- - 22 - Commissioner Smiley stated her agreement with Commissioner Frost that it would be a . tremendous hardship to destroy the existing mature landscaping. Commissioner Kirchhoff said he believes the essential character of this neighborhood is rural; and if the nature of the neighborhood is changed by asphalting, that is contrary to what this Commission wants to do. They want to do what is in keeping with the nature of things rather than increasing the intensity of this secondary use. Mayor Youngman noted she originally thought she couldn't support variance nos. 2 and 3; but based on testimony just received, she believes the Commission can make a legitimate argument for the criteria "unique to the property" by approving the aisle width to respect the existing landscaping. It is more in the public interest to leave the drive unpaved. It was moved by Commissioner Brown, seconded by Commissioner Frost, to waive the one-week required waiting period for land-use decisions. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve the variance requested by Michael and Katy Derzay, Complete Property Maintenance, cas No. 17,from Section 18.50.11 O.B.l, to allow the existing 12-foot wide driveway to remain, rather than requiring a 26-foot-wide driveway for two-way traffic, of the Bozeman Municipal Code as requested in application no. Z-Ol 01. 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. All Commissioners agreed to accept staff's recommendation that the existing mature landscaping is the hardship owing to conditions unique to the property. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve the variances requested by Michael and Katy Derzay, Complete Property Maintenance, cas No. 17, from Sections 18.50.110.B.7, to allow the existing parking area to remain unpaved, and 18.50.110.B.11, to not require the installation of perimeter curbing around the parking lot and drive accesses, of the Bozeman Municipal Code as requested in application no. Z -0101. 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 hearinQ - Conditional Use Permit - Michael and Katy Derzay, Complete Property Maintenance - allow chanQe from one non-conforminQ use to another non-conforminQ use, a full-ranQe property maintenance business, on COS No. 17 , located in the SE% , SW% , Section 35, T1 S, R5E, MPM (5405 Baxter Lane) (Z-01 01) This was the time and place set for the public hearing on a conditional use permit to allow the change from one non~conforming use to another non~conforming use, a full-range property maintenance business, as requested by Michael and Katy Derzay, Complete Property Maintenance, located at 5405 Baxter Lane. . Mayor Youngman opened the public hearing. 09-18-2000 ---.-..- - 23 - Assistant Planner Morris presented the staff report and highlighted the conditions. Planning . Director Epple noted that when annexation of this property occurred, the Derzays were required to provide a public access easement for future Baxter Lane right of way; but when the easement was submitted for recording, some revisions were needed and they have not yet been made. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to waive the required one-week waiting period for land-use decisions. It was moved by Commissioner Brown, seconded by Commissioner Frost, to approve the Conditional Use Permit requested by Michael and Katy Derzay, Complete Property Maintenance, under application no. Z-O 101, to allow the change from one non-conforming use to another non-conforming use, a full-range property maintenance business, on cas No. 17, subject to the following conditions: 1. If the 45-foot public access easement for Baxter Lane has not yet been granted and recorded then the document shall be finalized prior to Final Site Plan approval. 2. All areas intended for permanent parking spaces and drive aisles shall be graded, graveled, and dust controlled as necessary to maintain a smooth and safe vehicular and pedestrian circulation system. 3. A storm water drainage/treatment grading plan and maintenance plan for a system designed to remove solids, silt, oils, and other pollutants must be provided to and . approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), storm- water discharge destination, and a storm water maintenance plan. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 4. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. 5. All existing utility and other easements must be shown on the final site plan. 6. An adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 7. The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 8. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be . consented to in writing by the applicant prior to commencement of the use, and shall be 09-18-2000 ---- - 24 - recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner . prior to the final site plan approval or commencement of the use. 9. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 10. The applicant must submit a final site plan within 45 days of preliminary approval. Per Section 18.62.090, "Building Permits and Installation of Improvements," an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. Since it is most likely that occupancy will occur prior to the completion of all required improvements, the Improvements Agreement must be financially guaranteed at 1.5 times the estimated cost of improvements. 11. Per Section 18.49.060.B "Additional Screening," the applicant shall provide a 6- foot high, solid fence along the north and west property line in order to screen the commercial use from the adjoining residential properties. 12. No storage of any type shall be permitted within any required yard, Section 18.50.035.C.2 "Outdoor Storage." 13. Per Section 18.50.110.F.3 "Disabled Accessible Parking Spaces," one disabled accessible space shall be provided and signed "Van Accessible," located as near as practical to a primary entrance to the commercial area, shall be level with slopes not . exceeding 1 :50 in all directions, shall be designated as reserved for the disabled with a sign located no more than five feet from the space. Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum 3- foot wide walk, sidewalk or ramp. The accessible path of travel shall be paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. 14. All trash receptacles shall be kept within the building. Should the property owner require external storage of any trash containers then he shall store the receptacle within the confines of the screened and fenced porti on of the property, per Section 18.50.035.0.2 "Trash Enclosures." 15. All lighting 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.l. 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. It was unanimously agreed by the Commissioners to change the waiver procedure for land-use . decisions and to direct the Clerk of the Commission to bring back a new resolution. 09-18-2000 - 25 ~ Adjournment - 10:01 om . There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Brown, Commissioner Smiley, and Mayor Youngman; those voting No, none. ~~(]~ MARCIA B. YOUNGMAN, Mayor ATTEST: ~~~ ROBIN L. SULLIVAN Clerk of the Commission . PREPARED BY: ~au j I.. h.uf\~ KAREN L. DeLA THOWER Deputy Clerk of the Commission . 09-18-2000