MANHATTAN TOWN COUNCIL MEETING
APRIL 8, 2008 DRAFT !

CALL TO ORDER.
Mayor Tony Haag called the meeting to order in the Town meeting room, at 120 West Main at 7:00 P.M. Present were Council Members Ell Bennett, Craig Bergstedt, Gregg Dietz, and Dan Ryan, Town Attorney Jane Mersen, Town Engineer Dave Crawford, Director of Public Works Stuart Cooper, Clerk/Treasurer Vicki Ellison, Police Chief Dave Rewitz, and Administrative Secretary Pam Humphrey, along with several residents
PLEDGE OF ALLEGIANCE.
PUBLIC COMMENTS:
Patty Hebner, 6617 Dry Creek Rd: Announced the Manhattan Public Library Health Fair on April 17 from 6 to 8 PM.
PLANNING BOARD REPORT:
Dave Hebner: The next Planning Board meeting is April 16, at 700 pm.
WAYNE SPEAKMAN, Montana American Legion Fire Fighter of the Year:
Mayor Haag recognized Wayne Speakman and congratulated and thanked him. He also thanked the American Legion for nominating Wayne.
Mayor Haag also recognized Bob Logar, Park Board Chairman, acquiring a grant for almost $8000 for trees and sprinkler system along West Railroad. He encouraged anyone who sees Bob to thank him.
SHERIFF CASHELL-Discussion on Contracting Police Department:
Jim Cashell, Gallatin County Sheriff: He presented an example of a contracting proposal to the Council. If a town decides to go that way, a contract is negotiated. A possible disadvantage would be that the contracting town gives up control over law enforcement. Some possible benefits would be no personnel issues and lawsuits would not include the town, but the county instead. The Sheriff’s office is willing to negotiate with anyone. The town becomes part of the patrol of county deputies. Different coverage cost different amounts. He presented some cost figures based on current contracts with other towns. He stated that it takes 14-15 months to get a deputy on the streets from time of hire. The interim period is covered as best possible with other deputies. Not included in the example figures are supervisors, support teams, dispatch, detention services, etc. The figures are based on actual cost. He also gave some payroll figures for deputies.
Currently, Manhattan and the County have a mutual aid agreement. No bills are sent for deputies when they are called to help our officers. The agency requesting aid does have an obligation to reimburse the helping agency if asked. Mayor Haag stated that the council needed to hear this presentation because they have a responsibility to the Town to explore all available options.
ORDINANCE NO. 08-002 EXEMPT WELL USE ON OPEN SPACE:
Dave Crawford, Town Engineer: He gave a background for allowing the use of wells in parks and open spaces. His main concerns are protecting Town’s water quality and cross contamination. He recommends backflow prevention devices for anyone with a well. Also, anyone putting in a well needs to use a licensed driller in the state of Montana. The Town would see that the well meets standards.
Jane Mersen, Town Attorney: She made one change from the first reading. She added “any property owned by the public school” to the list of users of wells for irrigation purposes. She also looked at the current watering restrictions and enforcement for the Town, from Manhattan Code 9-3-8. She stated that the Council could make the wells subject to this requirement. She was not sure how to enforce the restrictions with the wells. Another option would be to state that the restrictions don’t apply. Another amendment that would need to be made is to the current restriction on competitive systems.
Public Hearing
Matthew L. Baker, 213 Pine St: He had a concern about the backflow preventers. He felt that they should be inspected yearly.
Discussion/Decision
Motion- Bennett; Second- Dietz; Vote- 3-1 (Ryan opposed): To approve ORDINANCE NO. 08-002 EXEMPT WELL USE ON OPEN SPACE AND SCHOOL PROPERTY, subject to the watering restrictions in Section 9-3-8.
Mayor Haag stated that exempt wells frees up shares of water for potable water. There would be no treatment needed for the irrigation wells, so it could save some Town funds.
Dave Crawford, Town Engineer: Inspections on backflow preventers would be a good idea. Town personnel or homeowner’s association could be the inspecting agency. He stated that all mechanical devices should be checked.
Conservation reasons dictate setting the standards for time of watering. Discussion included making wells subject to current watering time restrictions. It was stated that the Town should set a positive example. Water is an important resource and the Town should be a good steward. The number of wells on a land parcel was also discussed. The Town Engineer stated that the DNRC regulates that, and existing state law covers it also. The Council felt that some regulation makes more sense. It benefits the Town water system to have irrigation wells.
Dave Rowell, Town Building Official: He stated that the backflow preventers are a must. They are required for all homes now. The Town would need to have a certified inspector to inspect the backflow preventers. He urged the Council not to take on what they can’t enforce.
Jane Mersen will look at enforcement of inspections and add that aspect later if needed.
ORDINANCE NO. 08-003 MANHATTAN SELF-GOVERNING POWER-VOTE AT LARGE:
Mayor Haag: He gave a history of the Town Charter. The Town Charter became effective on January 1, 2006. It was voted for by the public to change the form of government to self-governing. The Council has until July of 2008, to vote to have it added to the Town Code. The Town has been going by that form of government since Jan. 1, 2006.
Jane Mersen, Town Attorney: Charter provided that the Municipal Code needs to be brought into compliance with Town Charter. This ordinance amends different portions of Title I to do away with wards and have the Council members elected at large. New language was inserted and old language was removed.
Public Hearing
Stacy Ulmen, 408 E Main: Spoke in favor of the Ordinance.
Discussion/Decision
Motion- Bennett; Second- Ryan; Vote- Unanimous: To approve ORDINANCE NO. 08-003 MANHATTAN SELF-GOVERNING POWER-VOTE AT LARGE.
CONDITIONAL USE PERMIT APPLICATION-DOUMA BUS BARNS:
Ralph Johnson, Town Planner: He stated that at the March 10, 2008, City-County Planning Board meeting, there was a public hearing for an amendment to Conditional Use Permit for the bus barn to store and maintain vehicles and equipment owned and leased by the property owner for an off-premises business in the Ag zoning district. The staff report was reviewed, and public comment was considered. 10 people spoke in favor of the amendment to the CUP. The primary requests were that it appeared the applicant could fulfill the conditions of the conditional use. Some added that there would be business opportunities that would benefit the community. The qualifications of the drivers would be equal to bus drivers. The reduction in number of trips was a positive. The use of Yadon Road would not deteriorate it any more than the existing condition. Future growth would improve Yadon. The Board recommended approval of the amendment to the CUP.
Mike Lilly, 1 West Main, Bozeman, Attorney for Douma’s: He thanked Ralph Johnson and Jane Mersen for their cooperation and guidance. He stated that there is a proposed buy-sell for the bus barn and house. The proposed buyer has 5 children and will live in the house, so he has a stake in how the commercial property is used, as well as in the community. They are asking for an amendment to the existing CUP, not a new one or change in zoning. Mr. Lilly also asked the Council to compare this change to what has been there. He listed some other allowed conditional uses and compared them to what is being proposed. He stated that the proposed business would have lesser impact. Traffic for the proposed use would have less impact than many of the other permitted uses. Business hours would be early morning and evening. There would be minimum conflict with school hours. All of the drivers have commercial licenses. They are tested, trained, and experienced. Mr. Lilly asked the Council to consider if the application is consistent with the comprehensive plan. He feels it does fit. He asked the Council to consider the character of neighborhood. The neighborhood is defined by the existing uses. The bus barn defines the character of the current neighborhood. The proposed use would stay consistent. Mr. Lilly asked the council to follow the recommendation of the Planning Board.
Scott Pardee, 106 Vida Court, Proposed Buyer: He stated that he was willing to address questions or concerns as they arise.
Public Hearing
Mike Cantaloupo, 1155 Yadon Road: Stated he is not opposed to the amendment.
Michael Dyk, 1889Yadon Road: Stated he is not opposed to the amendment.
Wendell Townsend, 1469Yadon Road: Stated he is not opposed to the amendment, providing they do not have a gravel pit.
Bob Bos, 1767 Yadon Road and Saddle View: Spoke in support of the amendment. He said that the employees could help the Town to grow.
Dale Vanhusien, Yadon Road: Spoke in favor of the amendment.
Stacy Ulmen, 408 East Main: Spoke in favor of the amendment. She stated it would benefit the Town. It could bring in a good business and people that may build houses in Town.
Scott Pardee, Proposed Buyer of Property: He stated that the dump trucks do come back to the building, excavation equipment stays on the job sites. His drivers are qualified and drug tested.
Written Comment: John Johnson, 1050 Yadon Road: He wrote a letter in opposition to the amendment.
Discussion/Decision
Motion- Bennett; Second- Ryan; Vote- Unanimous: To approve the Amendment to the Conditional Use Permit of the Bus Barn to include “store and maintain vehicles and equipment owned and leased by the property owner for an off premises business in the AG zoning district.”
Discussion included the types of equipment and vehicles. Safeguards seem to be in place to protect the community if the conditions are not met. Building is already in place and it would be nice to have it be used. Councilman Ryan had addressed this issue with the school and reported that they have no concerns whatsoever.
ZONING AMENDMENT-ALLAN MILLER-RURAL RESIDENTIAL (first reading):
Motion- Dietz; Second- Bennett; Vote- Unanimous: To set a Public Hearing for the May Council meeting. Ralph Johnson, Town Planner: He stated that the property is within the 1-mile zoning district, so the Council has the zoning responsibility. The County has the subdivision responsibility. The Planning Board recommended Rural Residential Zoning. The property is zoned Ag right now. The Manhattan Growth Policy identifies the area near this as Residential. The transportation plan, the long-term water and sewer plan, and the physical characteristics of this area show it would logically be served by public services in the future. He stated that it is appropriate with the Growth Policy in mind. As the Planning Board will revise the Growth Policy in the near future, this area could be revised to reflect what is already there, which is Rural Residential.
VISSER APPLICATION FOR SUBDIVISION EXEMPTION CLAIM:
Motion- Dietz; Second- Bergstedt; Vote- Unanimous: To approve the Visser application for a subdivision exemption claim. Ralph Johnson, Town Planner: He stated that the application is for a lot-line adjustment. It does not create another lot. It is making one lot out of three existing lots.
LOT EXCHANGE TOWN/NORTHWESTERN ENERGY:
Lot 13 for 15 Centennial Village
Motion- Dietz; Second- Ryan; Vote- Unanimous: To approve the lot exchange between the Town and Northwestern Energy, as long as Northwestern Energy pays all the costs.
Mayor Haag stated that the Town currently owns lot 15. Northwestern Energy would like to switch lots with the Town because they are going to put in a small substation. Lot 15 is on the corner, so it makes more sense to have the substation there so it can be put back and fenced off.
Centennial Village and Northwestern Energy have met and agreed that Northwestern Energy would conform to the homeowner’s association guidelines.
REALIGNMENT OF MANHATTAN SOUTH ROAD:
Motion- Dietz; Second- Ryan; Vote- Unanimous: To accept the conceptual design for the realignment of Manhattan South Road.
Mayor Haag stated that there is no money for the change right now. It is not a necessity at this time. He stated that the concept is good and the Town should accept the conceptual design.
Dave Crawford, Town Engineer: He stated that the reason for the plan was to have a template or guide going forward, so that future developments will know what the Town is thinking. The Town may not need to do anything yet. There would just be a master plan in place for the future.
Jane Mersen, Town Attorney: Sailwinds Subdivision needs to improve Manhattan South Road along their frontage to an arterial standard.
WASTEWATER TREATMENT FOR MAIN LINES:
Motion- Ryan; Second- Dietz; Vote- Unanimous; To approve the powder form of wastewater treatment for main lines.
Dan Ryan, Council Person: The bugs are to be interjected into the wastewater lines. They clean out the lines by digesting bio-solids in the line. Flushing doesn’t remove all of the grease.
Randy Lynch, WWTP Operator: It is a pretty simple process. He would interject microorganisms upstream. The Town has new sewer lines, and there is a need to take care of them. There would be less grease to skim and dispose of at the plant. The micro-organisms will also help at the plant by digesting there also. He presented some products and the costs. There is a 90 day guarantee on the one that costs less (powdered).
WATER POLICY #11:
Motion- Bennett; Second- Dietz; Vote- Unanimous: To approve Water Policy #11.
SEWER POLICY #12:
Motion- Ryan; Second- Bennett; Vote- Unanimous: To approve Sewer Policy #12.
POLICE STORAGE BUILDING:
Dave Rewitz, Chief of Police: The Police Department is out of storage for property such as bikes, archived files and records, and evidence. They are currently in the process of redoing the evidence handling procedure. Possible areas for additional storage would be behind Town Hall, renting a storage area, or put inside the fence by the north side well. The property opens to the alley in the rear with a large gate. The area is already fenced and is a secure setting. They are proposing a 2-car garage-type building. They would just need power for lights, but not water. He proposed a 24’ x 28’ building with overhead and passage doors. Eventually, they would build an inner locking room also. If the Police Department outgrows the building, it would be usable by the Town for other things. They may be able to fund it out of the capital improvement fund for future growth. $10,000-$12,000 would fit the budget at this time.
Dave Rowell, Town Building Inspector: He gathered cost estimate on materials. His estimates were for a shell building with sheeted metal siding, a shingled roof, 9’ ceilings, 8x12 overhead door, and a 3’ walk-in door. He felt that he could build it with help from the Town crew and equipment. They would have to hire someone to pour the concrete. There would be no windows. The gate may have to be enlarged. The material estimate would be approx $10-$12,000. He would get gas and power from the pump house.
Mayor Haag and the Council asked them to look at it and see if a larger building could fit on the property. They asked them to get estimates for cost of different sized buildings and bring those figures back next month.
Some CIP money will be coming in for the Police Department. They could use General CIP money and reimburse with Police impact fees
WWTP UPDATE:
Dan Ryan, Council Person: He reported that the fencing is finished at the WWTP. 236 ft of fence is left over. They will need to fence the chlorine injection plant. 32 feet will go into the ditch bottom and be secured. Will have 200 feet of fence left, as well as top rail and posts. The covers are shipping. They have been manufactured, and are to be installed around the end of April.
Mayor Haag stated that the startup date is May 19th. The bugs will be ordered and in place one week prior to startup.
CONSENT AGENDA:
Motion- Dietz; Second- Ryan; Vote- Unanimous: To approve consent agenda. Approval of Minutes- Regular Meeting minutes from March 11, 2008.
Claims- #19517-#19635 totaling $ 135,885.17.
Zoning Permits- None
Town Licenses- Shedhorn Construction (Const & Roofing), Dan Strong Construction, Young Electric Sign Company
Home Occupation- None
Kennel Licenses: None
ADJOURN:
Motion-Bennett, Second-Ryan; Vote-Unanimous: To adjourn the meeting.


MANHATTAN CITY-COUNTY PLANNING BOARD MEETING
APRIL 16, 2008 DRAFT !

CALL TO ORDER
President Jack Dyer, called the meeting to order in the Town Meeting Room, at 120 West Main at 7:15 PM.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present were Alvin VanderVos, Bob Dewit, Dave Hebner, Dave Rowell, Carl Schutter, and Steve Whitney. Also present were Town Planner Ralph Johnson and Secretary Pam Humphrey.
PUBLIC COMMENTS
None
The Board discussed new member possibilities. Jack Dyer encouraged the members to talk to people and try to encourage anyone to apply.
APPROVAL OF MINUTES:
Motion- VanderVos; Second- Whitney; Vote- Unanimous: To approve meeting minutes from March 19, 2008.
COMMUNICATIONS:
None
OLD BUSINESS:
None
NEW BUSINESS:
Discussion with regard to Growth Policy Revisions
Ralph Johnson, Town Planner: The board’s first step would be to update Part 1 - Community Goals and Objectives. The board needs to arrive at those through a survey and public hearings. They will identify the social groups in town, present the existing condition to the groups, have the groups fill out the survey, and then ask what the survey did not cover. They should use a broad survey, targeted audience surveys, and specific institutions. The information is gathered. Ralph would then come up with goals and objectives that seem to be appropriate. The board would use that information to use at a public hearing.
The primary public hearing would introduce the information to the public. A second public hearing would be used to present what the specific goals and objectives are.
Ralph Johnson does much of the rest.
The Planning Board then recommends changes to the Council.
The board recommended that Ralph Johnson make up a survey vehicle.
They discussed doing a mailing list for 4.5-5 mile radius around Town. Pam will check on the cost of a mailing list that includes the municipal boundary plus a 5-mile radius.
Ralph will bring the questionnaire to the next meeting. The board will discuss if the questions are adequate. The board will review the current goals and objectives for a comparison. They will decide on social groups to meet with and appoint representatives to each group to make presentations. Ralph presented a comprehensive planning map that will go along with the growth and transportation plan.
PLANNERS REPORT:
Ralph Johnson, Town Planner: The Douma CUP amendment was approved unanimously with a lot of public support. Bridger Ridge Run first reading was presented. The owner may not go ahead with the plan. He does not have the drawings ready. He may go to the County first and see if the sewer and water systems will be approved.
The County agreed to meet on an inter-local agreement, but they haven’t been going forward with it.
Ralph will be out of town for next month’s meeting. He will be gone from May 14 through May 22. He will get the survey to the Board before he leaves, as well as an electronic version of the survey to make adjustments if needed.
SIGN REVIEW:
None
PUBLIC COMMENT:
None
ADJOURN:
Motion- Dewit; Second- VanderVos; Vote- Unanimous: To adjourn meeting.