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HomeMy WebLinkAbout1992-11-02 ccm - "--" '".- ! ! MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 2, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 2, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. 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 - October 19 and October 26. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meetings of October 19 and October 26, 1992, be approved as amended. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Ordinance No. 1355 - amend zone designation from "A-S"to "R-2". "R-3". "B-1". and "R-O" - located in the NE% and SE% of Section 26. and the SW% of Section 25. T1S. R5E. M.P.M., Gallatin County - Walker ProDertv Subdivision The City Manager presented Ordinance No. 1355, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1355 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "A-S" . (AGRICUL TURE SUBURBAN) TO AN "R-2" (RESIDENTIAL, SINGLE-FAMIL Y, MEDIUM DENSITY) ON 12.441 ACRES; FROM AN "A-S" (AGRICUL TURE SUBURBAN) TO AN "R-3" (RESIDENTIAL, TWO-FAMILY, MEDIUM-DENSITY) ON 12.103 ACRES: FROM AN "A-S" (AGRICULTURE SUBURBAN) TO A "B-1" (NEIGHBORHOOD SERVICE) ON 13.798 ACRES: AND FROM AN "A-S" (AGRICULTURE SUBURBAN) TO AN "R-O" (RESIDENTIAL--OFFICE) ON 27.101 ACRES, ALL LOCATED IN THE NORTHEAST % AND THE SOUTHEAST % OF SECTION 26 AND THE SOUTHWEST % OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY MONTANA, AND MORE COMMONLY KNOWN AS THE WALKER PROPERTY SUBDIVISION. 11-02-92 ...- ..---.----.. -.-..-.----..---- . , I - 2 - The City Manager reminded the Commission that they had provisionally adopted this ordinance at their meeting of October 19 and recommended that it be finally adopted at this time. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1355, amending the zoning district designation from" A-S" to "R-2", "R-3, "B-1", and "R-O" on property commonly known as the Walker Property Subdivision, .Iocated at the intersection of Highway 10 and Springhill Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Reauest from Joe Billion for decision - Conditional Use Permit - JoseDh and Susan Billion - allow develODment of auto-related commercial planned unit develoDment on 20-acre tract located in the E%. SE%. SE%. Section 9. T2S. R5E. MPM (northwest corner of intersection of U.S. Hiahway 191 and Cottonwood Road) This was the time and place requested by Joseph Billion for a decision on the Conditional Use Permit requested by him and Susan Billion, under Application No. Z-91131, to allow development of an auto-related commercial planned unit development on a 20-acre tract located in the East one-half, Southeast one-quarter, Southeast one-quarter of Section 9, Township 2 South, .Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the northwest corner of the intersection of U.S. Highway 191 and Cottonwood Road extended. City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Senior Planner Dave Skelton, dated October 29, along with a memo from Dan Kamp, Cikan Architects, dated October 30, and excerpts from the minutes of the Commission meetings held on May 28, 1992, November 18, 1991 and December 23, 1991. Senior Planner Dave Skelton reviewed the contents of his memo dated October 29. He reminded the Commission that this application is for the entire planned unit development, which is to be constructed on a 20-acre parcel; and the first phase, which is the Billion Chrysler/Mazda car dealership, has already been constructed. He noted that the public hearing on the auto-related .commercial planned unit development was conducted on November 18, 1991, at which time the decision was delayed; and it was considered further on December 23, 1991, at which time the decision was again delayed. He stated the applicant has now requested that the decision be considered again. He stated that the applicant's representatives and the Planning staff have been working toward finalization of the land use development guidelines for the planned unit 11-02-92 ___u , , - 3 - development, with four items being specifically addressed as a result of the staff's and Commission's review of the draft documents. Planner Skelton reviewed those four items, which include: (1) That the land use development guidelines be submitted in "final" draft form. He noted that this item has essentially . been met with the exception of the designation of open space areas for each of the lots within the development, as depicted on the subdivision plat and the addition of language which specifies that "lights where the luminaires are directly exposed to adjacent rights-of-way are prohibited". (2) That the guidelines set forth a theme for signs, exterior lighting, architectural controls and sidewalk linkage. He noted that this item has been adequately addressed. (3) That the existing exterior light fixtures for the dealership shall comply with the zoning ordinance. The Planner stated that staff has identified four alternatives to address this issue (a) replace the fixtures, (b) proposed a zone code amendment, (c) retrofit the existing fixtures, or (d) request a deviation or flexibility in the regulatory standards as a part of the P.U.D. proposal. He stated that the applicant has chosen to retrofit the existing fixtures, but requested that he be allowed to retain the 24-foot height rather than the code height of 20 feet. (4) That the conditions of approval for the auto dealership be ,.comPleted. He noted that all of the conditions except for No. 25, which stipulates that no exterior public address or speaker system be allowed, have been met. Senior Planner Dave Skelton noted that the applicant has provided a trial 180-degree retrofit on four of the existing lights in the auto dealership display area. He noted that a review of those retrofitted lights suggests that the proposed 360-degree retrofits will adequately address the Commission's concerns and essentially eliminate the glare from those lights onto U.S. Highway 191. He also stated that computations completed by those in the industry reflect that no additional lights will be needed because of these retrofits. He noted the applicant's desire to retain the 24- foot poles rather than lowering the lights to the zone code requirement of 20 feet. He suggested that the Commission may wish to approve this request, for the existing auto dealership only, and ..eqUire that all other lighting installed within the planned unit development meet the zone code standards. Planner Skelton noted that during review and approval of the auto dealership, under Phase I of this P.U.D., the Commission imposed a condition which stipulated "That no exterior public address or speaker system be allowed on the subject property". He noted that the applicant has installed exterior speakers despite that condition, and suggested that it be addressed in conjunction 11-02-92 .-. ----..--.-..-..- - 4 - with the land use development guidelines for the entire planned unit development. Planner Skelton then reminded the Commission that the City-County Planning Board forwarded its recommendation on November 5, 1991, for approval of this planned unit development, subject to eighteen conditions. He then forwarded four additional conditions which .staff would recommend be imposed, to ensure that the applicant addresses the remaining issues as identified by staff. The Planner noted that there are presently 4 light fixtures along the back property line, 5 along Auto Plaza Drive and 34 along U.S. Highway 191 and Cottonwood Road, for a total of 43 light fixtures for the auto sales. He then forwarded the staff recommendation that at least 39 of those be retrofitted with a 360-degree shield. He noted that the four along the back property line are adjacent to vacant R-Q zoned property, which is considered commercial under the new zone code. Responding to Mayor Swanson, Planner Skelton suggested that the height of the light fixtures could be addressed by revising Condition No.4 to include language such as "and that the height standard for the existing light fixtures on the auto dealership property be waived and that .any future light fixtures or alterations of the existing light fixtures comply with the zone code", since the condition already pertains to the light fixtures. Commissioner Knapp noted that the Commission had previously discussed the problem of external loud speakers on the building; and the applicant agreed to the condition that no public address system would be allowed on the subject property. She noted, however, that there appear to be external speakers on the building that are being used. Planner Skelton indicated that one of the proposed additional conditions addresses that issue, including the requirement that the existing speakers be physically removed. Commissioner Frost noted that in the memo, the Planner has proposed revisions to the wording in Section 7.2.4. on Page 59. He suggested that those same revisions be included in . Section 7.2.3. on that page, to make the guidelines more consistent. He then noted that there has been substantial discussion surrounding light sources; however, no one was really aware about how glare would impact the situation. He then suggested that the proposed condition be amended to stipulate that "no external glare" from the luminaires or protruding protective lenses will be allowed. He also suggested that the Commission require shields on all 43 light fixtures. Planner Skelton responded the key to the issue is that the glare not be visible. He then 11-02-92 --.... -.-. - 5 - indicated that the Commission may require shields on all 43 light fixtures, if it so desires. Commissioner Frost then suggested that the last sentence in Section 6.2.4. on Page C-54 be revised to read "No sign illumination shall cast any external glare which will be visible from street or access drive." . Responding to a question from Commissioner Frost, Planner Skelton stated that the proposed Condition No.3 would ensure that all of the conditions for the auto dealership, which is Phase I of the overall project, and for the planned unit development are met before any application for a second commercial use is processed. He noted that the intent of this condition is to ensure that the Planning staff is monitoring only one application rather than two or three, and further ensure that the existing situation does not arise again. Mr. Dan Kamp, architect representing the applicant, stated a willingness to alter the wording in the guidelines concerning lighting, as proposed by Commissioner Frost, noting that the original intent of the guidelines was to direct attention to the diagram on the following page, which shows the type of light fixture that will be allowed. He then noted that when the existing light fixture for the auto dealership was selected, it appeared to everyone involved that it would meet ethe City's zoning standards; and only after it was installed was it discovered that it did not. He noted that the company incurred the same problem at Disney World; and that has resulted in their offering shields to retrofit the fixtures and remove the offensive glare. He further noted that the old zone code allowed for 24-foot high light fixtures; and he overlooked the fact that the new zone code sets a 20-foot limit when preparing the application. Mr. Kamp indicated that the shields for the existing light fixtures must be fabricated, then installed. He estimated that it will take sixty days to complete that process. He then suggested that the Commission may wish to consider a zone code amendment to more adequately address the lighting issue, to ensure that inappropriate lighting is not allowed. Mr. Dan Kamp then stated that it was not Mr. Billion's intent to circumvent Condition No. 25 when he had the external speakers installed under the canopy. He noted, rather, that it was eMr. Billion's intention to provide low background music while customers were viewing vehicles in that area, not for a public address system to page employees. He stated that Mr. Billion has indicated his willingness to remove those speakers if that is the desire of the Commission. Mr. Dan Kamp voiced his discomfort with the third additional condition recommended by the Planning staff. He stated that a business with an SBA loan approval is completing its 11-02-92 ... -. ---.. --.- - 6 - application to locate in this planned unit development; and that loan approval will expire before it is anticipated that the conditions for the planned unit development and the auto dealership can be completed. He noted that this condition would trigger the need to re-apply for the SBA loan, which could create a hardship on the business wishing to locate there. . Commissioner Frost asked if the applicant would be willing to post a financial guarantee . to ensure that the conditions are met, as a possible alternative to requiring that all of the conditions be met prior to acceptance of an application for a second commercial use. City Manager Wysocki suggested that no other project be approved until the improvements have been installed and all conditions for the auto dealership and the planned unit development are met. He noted that if that can be accomplished within sixty days, then the processing of an application for a second commercial use can move forward. Mr. Kamp requested that the Commission allow the applicant to post a financial guarantee, since it is necessary to pursue the application process within the next couple weeks to avoid the need to re-apply for the SBA loan. He then stated his intention to pursue finalization of the planned unit development guidelines and meet the conditions for approval as quickly as possible. . Senior Planner Skelton concurred that the conditions for the planned unit development could be met rather quickly. He noted, however, that the Planning Office has not yet received the final plat for the subdivision, nor has the Department of Health and Environmental Sciences forwarded its approval of the preliminary plat. He further noted that either the improvements must be installed or a financial guarantee filed with the County. He then concluded that, while many of the conditions and issues could be resolved within two to three weeks, it is speculative that the processes could be completed. Commissioner Knapp noted the issues that remain unresolved, even though they have been discussed extensively. She further suggested that failure to comply with some of the conditions has not been the result of misunderstanding. She then stated her reservations about . getting into the same situation of trying to make decisions on specific applications without the final guidelines in place. Commissioner Knapp noted that during the public hearing for the auto dealership, the Commission very specifically stipulated that it did not want any external speakers in an attempt to minimize noise levels because of the rural setting and the surrounding area. She then noted that while background music may be pleasant to some people, it can be very irritating to others. She 11-02-92 __no_ .....______ _ __.___.______ . -.- - 7 - stated her strong preference for having all of the external speakers removed. Responding to Mayor Swanson, Mr. Kamp stated that Mr. Billion has indicated a willingness to place shields on all 43 of the existing light fixtures. Commissioner Frost noted that during review of the conditional use permit for the auto . dealership, the Commission very specifically stated its opposition to allowing external speakers. even for music. He then noted that there are at least five external speakers on the site; and they are not all located under the canopy. Mayor Swanson reviewed possible revisions to the four proposed additional conditions, as a result of the Commission discussion. He noted that those revisions would include changing No.1 to refer to external glare in Section 6.2.4. on Page C-54 and Sections 7.2.3. and 7.2.4. on Page C-59. The Commission concurred in those revisions. Mayor Swanson noted that Condition NO.4 should be revised to reference 43 existing light fixtures, and allow the 24-foot tall light fixtures to remain for the auto dealership, with the requirement that any additional lighting within the planned unit development must comply with the zone code. . The Mayor further noted the applicant's willingness to enter into an improvements agreement and post a financial guarantee in lieu of Condition No.3, which would require that all conditions of approval for the auto dealership and the planned unit development be met and the final plat approved by the Planning Director before a second commercial use will be reviewed. He then asked if the Commission wishes to consider this alternative. Responding to Commissioner Stiff, Mayor Swanson stated it is the intent that posting of a financial guarantee would allow for review and approval of the application for a second commercial use before the SBA financing approval expires. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by him and Susan Billion, under Application No. Z-91131, to allow development of an auto-related commercial planned unit . development on a 20-acre tract located in the East one-half, Southeast one-quarter, Southeast one- quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian, sUbject to the following conditions: 1. That the applicants submit established building elevations and 100-year storm ponding capacity calculations for the entire planned unit development, being Exhibit "B", for review and approval by the City 11-02-92 - _. - .__ _n.. _.. --..-- ._-".. ...--. - 8 - Engineer's Office, and that Exhibit "B" be attached to the land use development guidelines prior to final P.U.D. approval; 2. That as-built plans and specifications of the private community water and sanitary sewage system be submitted to the City Engineer's Office and Superintendent of Water/Sewer to assure future compatibility with the City of Bozeman infrastructure; . 3. That the applicants submit a stormwater drainage/treatment plan and maintenance plan for the planned unit development for review and approval by the City Engineer's Office prior to final P.U.D. approval; 4. That off-street parking and loading areas not be allowed to be within twenty-five feet (25 ft.) of any property line fronting a dedicated street, and that it be noted as such in the guidelines prior to final P.U.D. approval; 5. That the protective covenants add Section 5.15, which recognizes that the property owners' association is responsible for maintenance and repair of all right-of-way improvements, including pavement, curb, gutter, sidewalk and exterior lighting prior to final P.U.D. approval; 6. That the protective covenants add Section 5.16, which recognizes that the property owners' association is responsible for maintenance and repair of the private community water and sanitary sewage facilities prior to final P.U.D. approval; 7. That the permitted uses listed in Section 1.7.2. 1 . 1. - Auto-related Uses, exclude the wording "including but not limited to", and that the .4Ia land use development guidelines reflect it accordingly prior to final P.U.D. approval; ,., 8. That the permitted uses in Section 1.7.2.1.2. - Business Park Uses, exclude "medical clinics, hospitals, banks and financial institutions, trade schools, and any use approved as part of a planned unit development", and that the land use development guidelines reflect it accordingly prior to final P.U.D. approval; 9. That the permitted uses listed in Section 1.7.2.1.3. - Light Manufacturing and Assembly, be approved as proposed; 10. That the permitted uses listed in Section 1.7.2.1.4. - Commercial Uses, exclude the wording "including but not limited to", and that the land use development guidelines reflect it accordingly prior to final P.U.D. approval; 11. That Section 2.0 - Approvals and Submittals, Section 3.0 - Site Planning Guidelines, and Section 5.0 - Landscape Guidelines of the development guidelines, be revised as recommended by the staff report and correspondence with Mr. Dan Kamp, dated March 8, 1991, and . that the revised guidelines be reviewed and approved by the Planning Staff prior to final P.U.D. approval; 12. That Section 4.0 - Architectural Guidelines of the development guidelines, expand on the applicants' definition of "contemporary" as outlined by the staff report, include a "palette" of materials, "quality" of buildings, specific architectural elements and treatment, dominant elements other than architectural, and control of building bulk and scale, and that it be reviewed by the Planning Staff and Design Review Board prior to final P.U.D. approval; 11-02-92 ___n____ - 9 - 13. That the Bozeman City Commission be made a party to any revisions or modifications to the land use development guidelines and protective covenants for the planned unit development; 14. That the land use development guidelines address the designated open space areas for the entire planned unit development, as required by the preliminary subdivision plat, and that the open space areas be depicted accordingly on Exhibit "D" of the guidelines; and that wording be added . to Section 6.2.4., Page 54, and Sections 7.2.3. and 7.2.4., Page 59, that prohibits lights with luminaires that are directly exposed to adjacent rights-of-way prior to final P.U.D. approval; 15. That all conditions of approval for the auto dealership conditional use permit be satisfied, including the physical removal of all external speaker systems, prior to final P.U.D. approval; 16. That, prior to the Planning Office accepting and processing any application for a second commercial use in the planned unit development, all conditions of approval for the auto dealership and planned unit development will have been satisfied, and that the final site plan for the auto dealership and final P.U.D. approval for the planned unit development will have been endorsed by the Planning Director; 17. That the developer shall enter into an improvements agreement for a period of six months from the date of City Commission approval for the glare shields of the forty-three (43) existing exterior light fixtures for the auto dealership, to include a financial guarantee in an amount equal to one and one-half (1 %) times the cost of installation of said glare . shields; 18. That all forty-three (43) of the exterior parking lot display fixtures be retrofitted with a 360-degree glare shield to eliminate the possibility of any external glare from the luminaire or any protruding protective lens prior to final P.U.D. approval; and that the 24-foot high light standards for said fixtures be allowed to remain, with all other lighting in the planned unit development to be installed in compliance with the zone code in existence at the time of development of each individual lot; 19. That the applicants submit a landscape plan for review and approval by the Planning Office and Design Review Board, buffering the auto-related commercial uses from Cottonwood Road prior to final P.U.D. approval, and that each individual site submittal respond to the landscape buffer plan during the site plan review process for each individual lot; 20. That the applicants submit a storm drainage detention plan for the entire planned unit development based upon a ten-year storm event, for review and approval by the City Engineer's Office prior to final P.U.D. approval; . 21. That the applicants submit to the City Engineer's Office, in triplicate, a report on the monitoring of water discharge from the private community sanitary sewage system on a quarterly basis, beginning with January 1992; 22. That the applicants submit to the City Engineer's Office and Planning Office, in triplicate, a written statement identifying all potential nuisances that may arise from each land use activity and provide a plan for the acceptable handling, disposal or remedy of those nuisances prior to issuance of a building permit for each land use activity; and 11-02-92 .----.---.- - 10 - 23. That seven (7) copies of the Billion Auto Plaza land use development guidelines and master site plan, containing all the conditions, modifications and corrections approved by the Bozeman City Commission, be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval of the application for the conditional use permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . .' .. Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - Commission meetina schedule for December 21. December 28 and Januarv 4 City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from the Clerk of the Commission, dated October 30, providing background information for this discussion. At the Mayor's request, Clerk of the Commission Sullivan reviewed the contents of her memo. She noted that one pUblic hearing has been scheduled for the December 7 meeting. She then indicated that four public hearings are to be conducted before the Planning Board on December 1 which must then be forwarded to the Commission for consideration. She reminded the . Commission that under the standard first/third week schedule for public hearings, those hearings would be scheduled for December 21. She then asked if the Commission would wish to consider scheduling those public hearings for December 14 instead. Senior Planner Skelton reminded the Commission that one of the public hearings includes a preliminary plat; and the statute require that this type of application be acted upon within sixty days. Following discussion, the Commissioners concurred that the public hearings should be scheduled for December 14, rather than December 21; that the agenda for the meeting for December 21 should be kept as light as possible; and that the meeting of December 28 should be cancelled. . Discussion - review of structure and comDosition of the various boards and commissions City Manager Wysocki noted that the Commissioners have received a memo from Clerk of the Commission Sullivan, dated October 29, along with a list of the current members of the various boards and commissions. He reminded the Commission that this information was 11-02-92 ~_.- --..-------- - 11 - requested by Commissioner Stiff. Commissioner Stiff noted that the agenda item pertaining to the Billion Auto Plaza consumed most of his preparation time for this meeting, since the public hearing was conducted prior to his being seated on the Commission. He noted that his brief review of this memo raised . some Questions which he would like to discuss with the Clerk prior to Commission discussion. He then requested that the Commission acknowledge receipt of this memo and that it be brought back later for discussion. Commissioner Knapp stated she spoke briefly with the Clerk about the possibility of adding whether each of the boards is mandated by State statute or if the board is simply established at the local level, thus allowing the Commission to make a determination on whether it continues to be necessary. City Manager Wysocki suggested that review of the various boards should include a review of the current members, and how many of them reside outside city limits. Mayor Swanson requested that this item be placed back on the agenda within four weeks for discussion. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Director of Public Service Forbes, dated October 28, forwarding a press release regarding lead in the water. Director of Public Service Phill Forbes provided a brief history of the events which have led to this memo. He noted that the Lead and Copper ruling was promulgated by the EPA and published in the Federal Register in June 1991. He noted that under the ruling, Bozeman's water system is classed as a medium-sized water system; and the first sampling was required in 1992. He noted that in July, the City conducting samplings in 60 homes which were determined to have .the highest probability of high lead readings, bV drawing samples from the taps where people were most likely to take their drinking water and cooking water, after the water had sat in the service line for at least six hours. He stated that the results of those tests revealed that at the 90th percentile, the results for lead were 18 parts per billion, with 15 parts per billion being the action level; and .65 parts per million of copper, which has an action level of 1.3 parts per million. 11-02-92 - 12 - The Director stated that the homes most likely to have a high lead reading were determined to be those built before 1933, when lead pipes were more likely to be used for service lines, and those built between 1982 and 1986, since corrosion in new plumbing is most evident at approximately ten years and lead-based solder was used until 1986. . Director Forbes stated that, because of the test results, the City is now embarking on a pUblic information campaign, which includes the mailing of brochures, which are being received by customers today; a message on the water bills being mailed this month, and news releases. He stated the intent of this information is to minimize public exposure to lead, possibly through such simple measures as flushing the lines before taking a drink in the morning. The Director stated that the City is currently conducting a pilot program to see if adjusting the pH levels at the Water Treatment Plant will resolve the problem, since increasing the pH level should result in a reduction in the lead level. He noted that another sampling is scheduled for January 1993, using the same households if possible. He stated that if the lead level is still above the action level, another public information campaign will be undertaken, while new steps are taken to reduce the lead level. . Responding to Mayor Swanson, the Director estimated this program will cost the City $6,000 this fiscal year. He noted that the costs of testing have been included in the budget, but not the public information campaign. Responding to questions from the Commission, the Director indicated that as a part of this program, the City will provide information to anyone who calls in to find out if a lead services leads to the house. He noted that many of the older services have been renewed; and in those instances, the lead service has been removed. He indicated that, unless everyone calls in at once, response times should be relatively short. Commissioner Frost suggested that the staff keep track of the number of inquiries received and the staff time involved in meeting the requirements of this mandated program. Responding to the Mayor, the Director stated that for those communities which cannot . meet the action levels through adjustments to the water source and in the water treatment plant, they will be required to enter into a program in which 1/7 of all lead services are replaced every year until none remain. He then indicated that he may encourage such a program in Bozeman, even if the next set of samples come in under the action level, although maybe not at such an ambitious pace, simply to avoid future problems in this area. 11-02-92 --- -..-.... --......-- - 13 - (2) Memo from Planning Director Andy Epple, dated October 29, regarding the Bozeman Shelter Care and the establishment of a citizens' group in that subdivision. (3) Invitation to attend a reception for the tenth anniversary of the Career Transitions office, to be held at 6:00 p.m. on Thursday, November 5. . (4) Memo forwarding comments from Rolene Thill, 428 North Willson Avenue, in opposition to the closure of North 20th Avenue. (5) Memo forwarding comments from Henry and Ilene Ehlers, owners of the duplex at 523-525 North 20th Avenue, in opposition to the closure of North 20th Avenue. (6) Memo forwarding comments from Donna Littleton, 1806 Durston Road, in opposition to the closure of North 20th Avenue. (7) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Wednesday, November 4. (8) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Wednesday, November 4. (9) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on . Wednesday, November 4. (10) Notice that there will. be no Gallatin County Commission meeting on November 3, along with weekly minutes for the week of October 19, 1992. (11 ) Copy of an advertisement sent to the newspapers announcing the availability of funds from economic development revolving fund. (12) The City Manager submitted his weekly report, as follows. (1) Stated that 15 people attended the risk management meeting held last week. (2) Reminded the Commission of the auction sale of Valley Unit Subdivision lots scheduled for 1 :00 p.m. on Wednesday, November 4. (3) Noted that City Hall will be closed tomorrow because of the Election Day holiday. (4) Noted that approximately 18 burglaries have been resolved with the arrest of one individual, and more may be resolved. (5) Announced that City staff is ready for the upcoming snow season. (6) Noted .that the request for qualifications for architectural services for expansion of the Senior Center has been advertised, with this coming Friday being the deadline for responses. (7) Noted that the Planning Board will continue its consideration of the transportation plan update in the next week or two. (13) Commissioner Stiff noted he received two telephone calls this past week that 11-02-92 , . - 14 - pertained to administrative issues. He indicated that he referred both of those calls to the City Manager. (14) Commissioner Knapp stated that she attended the library Services Advisory Council meeting in Helena on Friday. . (15) City Attornev Luwe submitted the following. (1) Noted that the Sinclair sign at Panda Enterprises, formerly Baldy Mountain Ski and Bike, has been lowered to the appropriate height. He noted that with sale of the business, most of the issues are being resolved. He noted that within the next couple of weeks, he hopes to obtain a settlement agreement, get the Commission's concurrence, and then request dismissal from the Court. (2) Noted that Judge Honzel from Helena has awarded attorney's fees to the Bozeman Daily Chronicle for its recent case against the City. He stated his intent to appeal that portion of the decision to the Supreme Court, since the statutes do not allow for the disclosure of names without a Court order. He indicated that the attorneys' fees for the Chronicle are currently estimated at $1,500. (16) Clerk of the Commission Sullivan indicated that she is now doing a brief review of items of public interest on upcoming agendas for KMMS radio on Friday mornings. She stated .that she has done it the past two Friday mornings, in an effort to let citizens know what will be addressed the following Monday. (17) Mayor Swanson submitted the following. (1) Noted that the letter to the successful legislators has been drafted, and will be mailed on Wednesday. He reminded the Commission of the meeting set for 6:00 p.m. on Tuesday, November 17, at the Baxter, at which time the league's resolutions pertaining to tax reform, infrastructure, accommodations tax, increase in municipal fuel tax and the subdivision laws will be discussed. He then encouraged the Commissioners to verbally invite any of the successful candidates that they may know personally. (2) Indicated his desire to attend an annual conference sponsored by the lincoln land Institute on the development of utility and abandoned rail corridors in a community. He indicated that this .conference is scheduled for December 4 and 5 in Providence, Rhode Island. (3) Noted a fascinating presentation from the State lands regarding the Mount Ellis area. He noted that history tidbits of the drainage include the fact that steam engines with a-foot wheels were driven in and out of the canyon; logs were flumed down the canyon for 9 Y2 miles; the City of Commerce, which had a population of 200, was built up the canyon; and another camp for loggers was located in the canyon as well. He noted that one of those steam engines was removed from the canyon in 1970 11-02-92 . , . . - 15 - by a gentleman from Forsyth and has been fully restored. He then stated that he has information that he will copy for any interested Commissioners; all of the Commissioners stated an interest in seeing the information. _Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledae receiot of reauest for annexation from Georae E. Westlake and Kay Martinen - 14.147-acre tract Iving north of West Oak Street extended. south of 1-90 and east of North 7th Avenue: refer to staff Authorize Mavor to write and sign letter of SUODort for Historic Preservation Advisorv Commission vrant aDDlication for Fourth Avenue Linear Historv Park Authorize absence of Mayor Swanson from meeting of November 30 In comoliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Frost, seconded by Commissioner Stiff, 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 Frost, Commissioner Stiff, Commissioner Vincent, Commissioner ... Knapp and Mayor Swanson; those voting No, none. ~ Adlournment - 5:10 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. .ATTEST: d~ ~ ROBIN L. SULLIVAN Clerk of the Commission 11-02-92 ------