MANHATTAN TOWN COUNCIL REGULAR MEETING
FEBRUARY 9, 2010 DRAFT !

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 Craig Bergstedt, Gregg Dietz, Tyler Richardson, and Dan Ryan. Also present were Police Chief Dennis Hengel, Town Clerk/Treasurer Vicki Ellison, and Deputy Clerk/Treasurer Pam Humphrey along with a few citizens.
PUBLIC COMMENT
None
PLANNING BOARD REPORT
None
BOARD APPOINTMENTS
City/County Planning Board (1 member)
Park Board (2 members): Motion- Dietz; Second- Richardson; Vote-Unanimous: Motion passed to appoint Audrey Ulmen and Becker Cuelho to the Park Board
Gallatin Local Water Quality Board: Mayor Haag will attend the meetings.
ORDINANCE NO. 09-003(revisions)
Authorizing and regulating the keeping of domestic chickens.
Motion- Ryan; Second- Richardson; Vote- Unanimous: Motion passed to approve the revisions to ORDINANCE NO. 09-003, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MANHATTAN, MONTANA PROVIDING FOR THE AMENDMENT OF TITLE 5, CHAPTER 4, AND ADDING SECTION 5-4-12 OF THE MANHATTAN TOWN CODE AUTHORIZING AND REGULATING THE KEEPING OF DOMESTIC CHICKENS WITHIN THE COPRORATE LIMITS OF THE TOWN OF MANHATTAN, MONTANA, with revisions.
Revisions include making the permits valid from January 1 through January 1 of the following year, and neighbors signing the permit are allowed one signature on each application.
NO DOG LEASH AREA
Gregg Dietz, Councilman: The Park board reviewed the current Park regulations. A public hearing is needed to adopt the new language the board has requested. The public hearing will be held at the April meeting with a first reading at the March meeting. 312 x 63 feet will be totally enclosed. The sprinkler system may need to be removed and a culvert installed to provide a 3 car parking area off of Wooden Shoe Lane. They would like to be finished with the process and have the area ready by May 2010. They would like to add pedestrian and mower gates also.
The language of the proposed changes were discussed.
RAILROAD FENCING
Motion- Dietz; Second- Bergstedt; Vote- 3 for, 1 against (Ryan): Motion passed to go ahead with the railroad fencing project, staying within the $20,000 budget.
Vicki Ellison, Town Clerk/Treasurer: MRL has offered to pay $10,200 toward the fence. It could cost up to $20,000 total. There is money in the CIP fund from the local option tax. Fencing prices would need to be re-assessed. The Town has also requested funds from the Manhattan Chamber of Commerce.
SIDEWALK-SOUTH BROADWAY-FUNDING CTEP PROJECT
Craig Bergstedt, Councilman: The start date for the project will be when the weather breaks, possibly April or May 2010. Bergstedt presented the engineers’ proposal for replacing sidewalks on the east side of South Broadway between Gallatin Avenue and the trail that goes near Parkhaven. They will also replace curb and gutter in the 300 block of South Broadway. CTEP funds are used to make highway corridors more beautiful. The County administers the process. Rotherham Construction has been awarded the contract based on their bid of the project.
Discussion included trees and grades of existing driveways. The landowners along the route will pay a portion of the cost depending on the size of their property. The Town will bill landowners for their portions. The landowners will have the option to pay it off over a three-year period, interest free. There was a special meeting held on August 25, 2009 with the engineers and affected landowners. The engineers presented proposed costs to each landowner at that time.
CONSENT AGENDA
Motion- Bergstedt; Second- Ryan; Vote- Unanimous: Motion passed to approve the consent agenda.
Approval of Minutes- Regular Meeting minutes from January 12, 2010.
Claims- Dated 1/13/10 – 2/09/10 totaling $ 124,892.43 including payroll.
Town Licenses- Big Sky Distributing, LLC, River Continuum Concepts

Other items discussed were the lights on the new Quake building, coverage options for the police department, water tower engineering and wastewater treatment plant tours.
The statement of expenditures and revenues and the cash report were discussed. The Council was encouraged to review them and discuss any questions they may have.
ADJOURN:
Motion- Ryan; Second- Bergstedt; Vote- Unanimous: Motion passes to adjourn the meeting.

MANHATTAN CITY-COUNTY PLANNING BOARD REGULAR MEETING
FEBRUARY 17, 2010 DRAFT !

CALL TO ORDER
President, Bob Dewit called the meeting to order in the Town Meeting Room, at 120 West Main at 7:00 PM.
ROLL CALL
Present were Bob Dewit, Dave Hebner, Dave Rowell, Alvin VanderVos, and Steve Whitney. Also present were Town Planner Ralph Johnson, and Secretary Pam Humphrey.
Excused: Carl Schutter, and John Schutter
Unexcused: Joyce Zacher
PUBLIC COMMENT/COMMUNICATIONS
None
OLD BUSINESS:
None
OLD BUSINESS:
RE-APPOINTMENTS
1 Open Seat (mayor appointment)
ELECTION OF OFFICERS
Motion- Whitney; Second- Hebner; Vote- Unanimous: Motion passed to elect Bob Dewit as President.
Motion- Rowell; Second- VanderVos; Vote- unanimous: Motion passed to elect Dave Hebner as Vice-President.
Alvin VanderVos was unanimously re-appointed as Treasurer.
PUBLIC HEARING
To consider a Resolution of Intent to adopt the proposed Gallatin County/Manhattan area zoning district map, regulations and boundaries.
No public Comment
Discussion
Ralph Johnson, Town Planner: He explained the area in question and the process that would take place if the ordinance were passed. Johnson outlined the history of the resolution and the affected areas. Manhattan would be participating with other areas. Johnson went over the staff report conditions. The Planning Board is to recommend the approval or denial of a proposal to adopt the 3.5 mile extraterritorial jurisdictional area map for the purpose of permitting and regulating open cut operations as a conditional use within the 3.5 mile jurisdictional area, surrounding Manhattan’s 1-mile jurisdictional area. His conclusion was that the Planning Board recommend approval of the proposed Gallatin County/Manhattan Area Zoning District and the Gallatin County/Manhattan Area Zoning Regulation.
Tom Rogers, Gallatin County Planning Department: Current gravel pits are grandfathered in. They would need to apply for the conditional use permit if they were to expand or continue past their current State permit expiration date. Permits are required for use of gravel that is moved off site for sale.
Don Seifert, Gravel Pit Task Force: He stated that this document is a little different than the original. They took the concepts of the task force and applied them to the regulation. Section 2.2.2.C. may be changed to when the DEQ permit expires. Also 2.4.2.B, property values were a consideration of the task force. The wording is important to neighbors of gravel pits. Conserving the value of buildings is important. The Planning Board was encouraged to address these issues in their decision.
Tom Rogers, Gallatin County Planning Department: Current gravel pits are grandfathered in. They would need to apply for the Conditional Use Permit if they were to expand or continue past their current State permit expiration date.
Enforcement was discussed, DEQ has to qualify that the pit complies with zoning before re-permitting of the pit if it expires. Significant adverse impacts are not clearly defined and are determined on a case by case basis. 10,000 cubic yards and being trucked off site triggers the process. Short term conditional use permits were also discussed.
Decision
Motion- VanderVos; Second- Whitney; Vote- Unanimous: Motion passed to recommend the approval of a Resolution of Intent to adopt the proposed Gallatin County/Manhattan area zoning district map, regulations and boundaries, with the following amendments:
Motion- VanderVos; Second- Rowell: To recommend in Section 2.2.2.C, to strike the “180 days”, and add the lapse of the DEQ permit as a condition of non-conforming use.
Motion- VanderVos; Second- Rowell: To recommend retaining the language in section 2.4.2.B as worded.
PLANNERS REPORT
The Planning Board agreed to have Ralph Johnson present the jurisdictional maps to the Town Council and the County Commission to move forward with an inter-local agreement.
APPROVAL OF MINUTES-January 20, 2010
Motion- Rowell; Second- Whitney: Vote- Unanimous: Motion passed to approve the January 20, 2010 meeting minutes as presented.
PUBLIC COMMENT
None
ADJOURN:
Motion- VanderVos; Second- Hebner; Vote- Unanimous: Motion passed to adjourn the meeting.