HomeMy WebLinkAbout2001-12-17 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 17, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, December 17, 2001, at 6:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, Planning Director Epple, Director of Public Service Arkell, City Attorney Luwe and
Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that award of the bid for a new 2002 pickup be removed
from the agenda.
Minutes - January 18 and February 7, 2000, and January 30, November 19, December 3, December
10 and December 13, 2001
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, November 19, December 3, December 10 and December 13, 2001 to a later
date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3500 - establishing a 401 money purchase retirement plan
through the ICMA Retirement Corporation
COMMISSION RESOLUTION NO. 3500
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING A 401 MONEY PURCHASE RETIREMENT PLAN THROUGH THE ICMA
RETIREMENT CORPORATION.
Commission Resolution No. 3501 - relatinq to $2,315,000 General Obli.qation Bonds,
Series 2001A (library bonds)
COMMISSION RESOLUTION NO. 3501
A RESOLUTION RELATING TO $2,315,000 GENERAL OBLIGATION BONDS, SERIES
2001A; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION
AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF.
Commission Resolution No. 3502 - certifyin.q delinquent assessments as of November
30, 2001, to the County
COMMISSION RESOLUTION NO. 3502
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS
DUE AND PAYABLE NOVEMBER 30, 2001, AND UNPAID AS OF THAT DATE,
DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED,
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AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL
CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE
GALLATIN COUNTY TREASURER FOR COLLECTION.
Commission Resolution No. 3503 - intent to annex 2.65 acres lyin.q along the south
side of West Babcock Street between Donna Avenue and Virginia Drive {2928
West Babcock Street): set public hearin_~ for January 14, 2002
COMMISSION RESOLUTION NO. 3503
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 3504 - intent to sell surplus property to county or other
political subdivision of the State of Montana
COMMISSION RESOLUTION NO. 3504
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL A
CERTAIN SURPLUS ITEM FROM THE WASTEWATER DEPARTMENT TO A COUNTY
OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA.
Final plat for Ka.qy Crossroads Subdivision (subdivide 21.64 acres located in the SE%,
Section 14, T2S, R5E, MPM, into one multi-family residential lot and 9
commercial lots) (northwest corner of Ka.~y Boulevard and South 19th Avenue)
{P-9751 )
Authorize City Manager to si.qn - Agreement with Morrison-Maierle - evaluate feasibility
of irrigating City cemetery throu.qh surface or ~qroundwater source
Authorize City Manager to sign - License Agreement for Use of City Property - TW
Wireless, L.L.C. - City water tank located on Kenyon Drive
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
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Presentation of quarterly update re Gallatin City-County Health Department - Health Officer Stephanie
Nelson
Ms. Stephanie Nelson, Health Officer for the Gallatin City-County Health Department, provided
a quarterly update on activities in the Health Department. She complimented the City on its pubic
safety and disaster services personnel, noting that they are committed to pulling in new partners and
ensuring that the disaster plan addresses all different types of disasters. She stated that, after the
September 11 incident, members from the City and County staffs had an opportunity to attend a
conference on the mental health and emotional aspects of terrorism in New York City.
The Health Officer stated that priorities for the Health Department for the next six months
include a Health Board retreat on Wednesday; rewriting of Chapter 1 of the Health Code, food service
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establishment regulations, to bring them into compliance with State codes; and revising wastewater
rules and regulations to accommodate the new subdivision regulations which the State of Montana
Department of Environmental Quality is currently finalizing.
Health Officer Nelson gave a quick update on the application submitted by Holnam to allow
for mid-kiln combustion of tires. She stated that the initial application was submitted to the
Department of Environmental Quality on October 3. That application was found to be incomplete and
was returned to Holnam in November, along with four or five pages of questions to be addressed.
Holnam has requested a thirty-day extension for responding to those questions; and the Health Officer
estimated that the application will be resubmitted in late January. She concluded by noting there is
a public meeting set for 7:00 p.m. tomorrow in Manhattan, at which focused public input will be
sought.
The Commissioners thanked Health Officer Nelson for her update.
Exit Conference for audit for Fiscal Year 2000-2001 - Veltkamp, Stannebein and Bateson
Ms. Merrilee Felchle, Veltkamp, Stannebein and Bateson, presented the Comprehensive Annual
Financial Report (CAFR) for Fiscal Year 2001 to the Commission. She thanked Administrative
Services Director Gamradt and his staff, particularly Controller Brian LaMeres, for their assistance
during the audit and preparation of the financial report. She drew the Commissioners' attention to
Page I-1 5, which contains the Certificate of Achievement for Excellence in Financial Reporting for the
year ended June 30, 2000, as presented by the Government Finance Officers Association, and noted
this is the seventeenth consecutive award for the City.
Ms. Felchle forwarded the auditors' clean, unqualified opinion, noting that is the best report
an auditor may issue, and stated they found no instances of non-compliance and no material
weaknesses in the financial reports. She indicated that, each year, the City has the auditors conduct
an in-depth review of a department or function. This year's report is on the Building Inspection
Division, which she characterized as already having good internal controls in place. She noted,
however, that some suggestions have been included in the report to enhance those controls and the
overall operation of the department.
Mayor Youngman stated that the Audit Committee received this report at its meeting today
and forwarded a recommendation for acceptance of the report.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
accept the audit report, as contained in the Comprehensive Annual Financial Report for Fiscal Year
2001. 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.
Application for Special License for an Exotic Pet for Calendar Year 2002 - Jeff RiaQs, 202 Pioneer
Drive #13 (one pot bellied r)iq)
Included in the Commissioners' packets was a copy of the application for a special license for
an exotic pet, as submitted by Jeff Riggs, 202 Pioneer Drive, for one pot bellied pig.
Animal Control Officer Lien stated this is the first exotic pet license application to be
processed. She noted that, this summer she received a complaint about this Vietnamese pot bellied
pig because the lady thought it was a farm animal. She stated that Mr. Riggs has complied with her
request to seek a license; and she has subsequently reviewed the site. She noted that Linus has his
own room in the house, and his fenced back yard is immaculate; and his veterinary records have been
provided. Based on her review of the site, the Animal Control Officer recommended approval of this
application.
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It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
application for special license for an exotic pet, as submitted by Jeff Riggs, 202 Pioneer Drive, for one
pot bellied pig, be approved for Calendar Year 2002. 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.
Decision - Conditional Use Permit - Bridger Headlands Group, L.L.C. - amend conditions for approval
of Headlands Planned Unit Development to eliminate requirement to install a pedestrian trail along the
south side of the proposed subdivision street identified as Headlands Drive (Tract A, COS No. 2220)
(alonQ south side of Bridger Drive, approximately one-Quarter mile east of its intersection with Story
Mill Road) (Z-01104)
This was the time and place set for the decision on the Conditional Use Permit requested by
Bridger Headlands Group, L.L.C., under Application No. Z-01104A, to amend the conditions for
approval of the Headlands Planned Unit Development to eliminate the requirement to install a
pedestrian trail along the south side of the proposed subdivision street identified as Headlands Drive,
as set forth in Condition No. 4. The subject property is described as Tract A, Certificate of Survey
No. 2220, and is located along the south side of Bridger Drive, approximately one-quarter mile east
of its intersection with Story Mill Road.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Conditional Use Permit requested by Bridger Headlands Group, L.L.C., under Application No.
Z-01104A, to amend the conditions for approval of the Headlands Planned Unit Development, be
approved by eliminating Condition No. 4. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Brown, Commissioner Frost and Commissioner Smiley; those voting
No being Commissioner Kirchhoff and Mayor Youngman.
Presentation from Northeast Neighborhood Alliance (NENA) re proposed pocket park alon,q Front
Street right-of-way east of North Wallace Avenue and possible fundinq options
Included in the Commissioners' packets was a letter from Streamlink Hydrology, dated
November 6, suggesting an underground spring may be located in this area. Also included in the
packet was a copy of the application form for Recreational Trails Program monies through the
Department of Fish, Wildlife and Parks, for what has been identified as the Old Depot Park/Trail
Corridor.
Ms. Jeanie Wesley-Wiese, 707 North Wallace Avenue, introduced the project, noting she came
up with the idea as she was out walking through the neighborhood, remembering the parklike setting
in which the old depot used to sit. She expressed shame at the current condition of the area and the
dumping that has occurred there recently, and stated it should be restored to its former condition.
She noted the consultant who prepared the transportation plan update has indicated Front Street
should not be constructed through this neighborhood; and she suggested that converting that street
right-of-way between North Wallace Avenue and East Tamarack Street to a park would be an asset
for both the industrial uses and the residents of the northeast sector.
Ms. Chandler Dayton, 716 East Peach Street, noted that the application for grant monies
through the Department of Fish, Wildlife and Parks was prepared quickly, since she found out on
September 21 that the monies were available and the initial deadline was September 28. She noted
that the supporting information for the application was due on November 28 and, while not all of the
information was submitted by the due date, representatives from the Department of Fish, Wildlife and
Parks have held the application since they feel this is a good project. She stated that several other
grant applications have been submitted by various groups from Bozeman; and the Department has
indicated it has a substantial amount of money with which to fund projects this year.
Ms. Dayton noted that the Director of Public Service has indicated she feels the street right-of-
way should remain open for future local street development. As a result, the Director did not support
construction of the proposed pond, but did support a standard trail.
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Ms. Dayton reviewed the application submitted, noting it provides for turning the springfed
mudhole at the west end of the street into a shallow pond, constructing a trail along the right-of-way,
planting trees, installing bollards on both ends that preclude vehicles accessing the site, fencing along
the railroad right-of-way, cultural and historic signage, parking area on the east end, and a bench.
She noted that this area has historic and cultural significance, and if the original rail depot is reopened
for passenger service, it would provide an attractive site. She indicated the application also requires
that alternatives be provided, and those alternatives provide for varying reductions in amenities, with
Alternative No. 3 being "do nothing".
Ms. Dayton stated the Bozeman 2020 Plan has identified Front Street as a trail system since
it is not likely to develop as a street. She noted that the northeast sector has historically been a
working class and mixed use area that lacks trails, sidewalks, landscaping and boulevard trees; and
this enhancement would be a source of neighborhood pride.
Responding to Commissioner Frost, Ms. Dayton stated that the Army Corps of Engineers has
control over wetlands areas. She cautioned, however, that they are not always aware of work
occurring in those areas unless notified by someone.
Ms. Kietra Nelson, 307 North Wallace Avenue, noted her business is located at 605 North
Wallace Avenue. She voiced support for the pocket park, noting it will enhance the area and help
balance residential and industrial uses. She further stressed that the group is not asking for financial
assistance from the City, and many people have indicated a willingness to work on it. She concluded
by reading a letter of support from Corinne Gaffner, who also has a business at 605 North Wallace
Avenue, into the record.
Ms. Megan Costello, 424 North Wallace Avenue, spoke in support of the pocket park, as did
Ms. Janie Osborne, 514 North Wallace Avenue.
Mr. Chris Nixon, 719 North Wallace Avenue, stated support for the proposed park. He noted
there are a number of areas around the community where City rights-of-way are being used in a
manner similar to what is proposed here. He stated that, until a street is constructed, it helps to
enhance pedestrian movement through the community.
Mr. Jon Gerster, 719 North Wallace Avenue, noted this portion of the community has enough
roads; however, it's important to protect and enhance the remaining wetlands. He suggested that
the City make a time commitment for these proposed enhancements, noting that a 25-year
commitment would give this portion of the community a nice green amenity for a certain length of
time.
Mr. Jay O'Neil, Treasure State Oil, 622 East Tamarack Street, stated he currently leases the
old railroad depot. He asked what the railroad's attitude is toward the proposed park, and how those
property owners adjacent to the right-of-way are reacting. He noted that many private sites in the
northeast sector have been voluntarily cleaned up and enhanced, and he applauds this group's efforts
to further enhance the area. He cautioned, however, that the City is planning to install a water line
along the subject portion of street right-of-way next summer. He also suggested that the railroad and
business owners be included in plans for development of this right-of-way, to ensure that their needs
are being addressed.
Mr. Bill Ogle, owner of Kenyon-Noble, encouraged the Commission to consider the multitude
of existing and proposed uses in this part of town, cautioning that some changes in the near future
could affect the effectiveness of a park in this location. He noted the issue of how the northeast
sector of the community is accessed has not yet reached full discussion by all parties involved,
particularly the businesses in this area. He concluded by stating he does not support a park on this
particular piece of right-of-way, and suggested that future discussions with NENA include the entire
neighborhood, not just the residential portion, to determine the best location for a small park and
possibly a connecting trail system.
Responding to Commissioner Kirchhoff, Mr. Ogle stated one of the key issues is access to the
property along the north side of the Montana Rail Link right-of-way. He also noted that there is a
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significant amount of industrial development on the south side of the railroad tracks that needs
access. He stated that one of the outstanding issues is the possible extension of Cedar Street to
provide access for industrial uses. He stressed the importance of the industrial and residential
neighbors working together, noting it would be bad if the business owners, who have over 500
employees, were to band together in opposition to the residents.
Mr. Paul Wiese, 707 North Wallace Avenue, encouraged the Commission to look at the
traditional mix of residential and business uses in the northeast sector. He noted, however, that the
neighborhood has been impacted by over-industrialization over the past ten years. He cautioned that
the impacts of industrial uses on residential uses is significant and if this area becomes an industrial
ghetto, no one will want to live there; and that will simply increase problems for the City.
Director of Public Service Debbie Arkell noted that her concerns include taking a street right-of-
way out of the system without really looking at all possible impacts. She noted that, while Front
Street may no longer be part of the main arterial street system in the transportation plan, it could still
be developed as a local street. She then confirmed that the City plans to put a water main in the
Front Street right-of-way and, as a compromise, she has offered to put in gravel for a trail at the same
time. She cautioned that big trees cannot be planted on the main, but indicated support for planting
of trees in the standard boulevard location. She concluded by stating she is not supportive of a
wetland in the middle of a street right-of-way.
Responding to Mayor Youngman, the Director stated that, during design of the water main
installation, the "mud bog" area will be studied to determine its character.
Responding to Commissioner Kirchhoff, the Director stated that Morrison-Maierle was hired
in 1993 to research the Front Street right-of-way issue, since acquisition of right-of-way for the street
was part of the transportation general obligation bond issue. She posted the drawing done at that
time, which depicts the identified right-of-way and shows the jog in street alignment, indicating that
buildings do encroach into the right-of-way at various locations. She concluded by cautioning that
one of the unresolved issues is whether the City actually has the 50-foot-wide right-of-way for Front
Street immediately east of North Wallace Avenue, since the railroad right-of-way historically goes 200
feet beyond the actual track.
Responding to Commissioner Frost, the Director stated that staff does not know the origin of
the water in the right-of-way at this time. She noted, however, that a drainage ditch used to run
through the general area and once development occurred along the west side of North Wallace
Avenue, the right-of-way started filling with water.
Responding to Commissioner Brown, Director Arkell stated that she welcomes a trail, trees
planted in the standard location, bollards, benches and grass; but she does not support a fully
developed wetland or any deep rooted trees over the water main.
Commissioner Smiley noted her concurrence with Director Arkell's position that the City needs
additional time to address questions regarding possible future use of the street right-of-way. She
suggested that the residents and business owners work with the Recreation and Parks Advisory Board
to develop a master plan for the area. She concluded by noting that if passenger rail service is
reinstated, the result will be additional traffic in the neighborhood.
Commissioner Frost stated that the community is continually losing wetlands. He suggested
that the mud bog seems a viable location for a wetland area, either natural or created; and he does
not see much future for the extension of Front Street. He concluded by stating that the proposed
park would be a bright spot in this area and would not cost the City anything.
Commissioner Brown stated he likes the proposal and would like to support it; however there
are many unanswered questions.
Responding to Mayor Youngman, Director of Public Service Arkell indicated the water main
is projected for next summer, but its installation is dependent on the design, construction costs and
.weather.
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Further responding to the Mayor, Mr. Wiese stated that next summer is the target date in their
proposal; however, the Department of Fish, Wildlife and Parks has indicated a willingness to work
with them on possible changes to the schedule.
Mr. Rick Ogle, Kenyon Noble, stated he has seen the mud bog in the street right-of-way dry
and, as a result, he questions if the source is a spring.
Mayor Youngman voiced her support for this application, suggesting that the timetable be
amended to coordinate development of the park with installation of the water main. She suggested
that the various uses are not mutually exclusive except for construction of a street.
Commissioner Brown noted he has a probe with a short auger and tube for taking soil samples
and indicated a willingness to loan it so anyone wanting to see if the wet area is a wetland. He then
indicated that he is uneasy about the unknowns but will vote to support this application.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
authorize and direct the Mayor to submit a letter of support for the pocket park proposal, with the
following conditions: (1) that the timeline in the application be changed, if necessary, to coincide with
installation of the water main; and (2) that the type and location of vegetation and other features be
reviewed and approved by the Director of Public Service prior to installation. 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.
In response to Mayor Youngman, the Commissioners unanimously concurred that a
neighborhood plan should be developed, with business owners, residents and relevant City boards
being involved in the process.
Break - 7:55 to 8:05 p.m.
Mayor Youngman declared a
Commission policy.
break from 7:55 p.m.
to 8:05 p.m., in accordance with
Submittal of conceptual site plan for North Meadows Park
Included in the Commissioners' packets was a memo from Superintendent of Facilities and
Lands James Goehrung, dated December 10, attached to which were the rough cost estimate for
development of the park and a conceptual plan of the park, which is located at the northwest corner
of the intersection of West Villard Street and Michael Grove Avenue.
Superintendent of Facilities and Lands Goehrung posted a color rendering of the conceptual
site plan for North Meadows Park. He reminded the Commissioners that when North Meadows
Subdivision was platted in 1997, the developer dedicated approximately one-half of the required
parkland and paid cash-in-lieu for the remainder. He noted that the cash-in-lieu payment was slightly
over $8,000, and the estimated cost of developing the park as shown on the plan is over $91,000.
He stated the adjacent developer has offered to provide some berming and, in light of drainage issues
from adjacent properties, it has been requested the berming be relocated from the north boundary to
the west boundary. He concluded by cautioning that there are no park development monies available
this year and this park has not been included in the capital improvement program.
Responding to questions from the Commission, the Superintendent stated that the
condominiums to the north are under construction, and another condominium project is located across
the street, to the south and west of the subject property.
Superintendent Goehrung stated this item has been included on the agenda to receive direction
from the Commission. He cautioned that the monies paid by the developer would cover the costs of
drilling a well for irrigation, but would not cover the costs of installing an irrigation system or planting
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grass. He recognized that this small parkland area is located in an area with high density residential
development and no other parks; however, he questioned whether it is a high priority for developing.
Mayor Youngman voiced her support for integrating this park into the next capital improvement
program cycle and possibly into the next round of park development fund monies. She also
encouraged the neighborhood to become involved in developing this park area.
Responding to Commissioner Brown, the Superintendent stated it has become more and more
important to get the proper soil content for the type of use to which an area will be subjected through
the use of sand, compost and soil. He indicated that, with that base, the proper percolation will occur
when the park is seeded and watered.
In response to Commission guidance, the Superintendent indicated he will include funding of
this park in the capital improvement program and the next round of park development fund monies
and will try to get the neighborhood involved.
Renewal of beer, wine and liquor licenses for Calendar Year 2002
This was the time set for renewal of the remainder of the Beer, Wine and Liquor Licenses for
Calendar Year 2002. A total of 21 applications have been received, along with the required fees.
Included in the Commissioners' packets was a list of the establishments which have made
application and paid the required fee, as follows:
APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES
CALENDAR YEAR 2002
APPLICANT BEER WINE LIQUOR TOTAL
Baxter Beverage, LLC
105 West Main Street
$ $ $ 500 $ 500
Big K-Mart #7027
1126 North 7th Avenue
200 200 40O
Caf~ International~
207 West Olive Street
2O0 200 4OO
The Crystal Bar, Inc.
123 East Main Street
500 500
B.P.O.Elks #463
106 East Babcock Street
500 500
The Filling Station, Inc.
2005 North Rouse Avenue
200 2OO 4OO
Haufbrau, Inc.
22 South 8th Avenue
500 500
1-90 Exxon
1420 North 7th Avenue
200 200 4OO
Jackpot Casino Bozeman, Inc.
1801 West Main Street
2O0 2OO 4OO
Jackpot Casino East
915 East Main Street
200 200 4O0
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KO's, Inc.
1332 East Main Street
Little John's Bar, Inc.
515 West Aspen Street
232 East Main, Inc.
dba MacKenzie River Pizza
232 East Main Street
Panda Enterprises, Inc.
621 Bridger Drive
Little Geek, Inc.,
dba Spectators Sports Bar and Grill
19 Tai Lane
Story Exxon
1211 East Main Street
Green Onions Enterprises, Inc.
dba Sweet Pea Caf~ and Bakery
19 South Willson Avenue
Thriftway Super Stops #10
919 West College Street
Thriftway Super Stops #11
621 West Main Street
Town and Country Foods
219 North 19th Avenue
VFW Post #903
2005 North Rouse Avenue
500 5OO
500 500
200 200 400
200 200
500 500
200 20O 4OO
2O0 2OO 4OO
20O 2OO 4OO
200 200 4OO
200 2OO 4OO
500 500
Total - 21 Applications
2,600 $ 2,400 5 4,000 $ 9,000
The City Manager recommended that the Commission approve the applications as submitted.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 2002 for the various
establishments as listed above. 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 hearing - Major Site Plan - T.L. Stroh Architects for Bridger Orthopedics & Sports Medicine
Rocky Mountain Surgery Center - allow construction of a +_ 38,000-square-footorthopedic clinic and
day sur.qical center on Lot 1, Northern Rockies Professional Center (1450 Ellis Street) (Z-01221)
This was the time and place set for the public hearing on the Major Site Plan requested by T.L.
Stroh Architect for Bridger Orthopedics and Sports Medicine Rocky Mountain Surgery Center, under
Application No. Z-01221, to allow construction of a ±38,000-square-foot orthopedic clinic and day
surgical center on Lot 1, Northern Rockies Professional Center. The property is located along the
south side of Ellis Street, east of its intersection with Highland Boulevard, and is known as 1450 Ellis
Street.
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Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject lot is the
westernmost lot in the Northern Rockies Professional Center and is one of the largest lots in that
subdivision. She noted that this site is being developed under a planned unit development, so only
the building envelope and elevations are being considered at this time. She distributed a memo dated
December 17, in which she forwarded a recommendation for revisions to Condition No. 1, noting that
the new wording will avoid potential future conflicts with the conditions for approval of the
subdivision.
The Assistant Planner stated that staff has reviewed this application in light of the criteria set
forth in the zone code, and staff's comprehensive findings are contained in the written staff report.
As a result of that review, staff has recommended approval subject to fifteen conditions.
Dr. John Campbell, applicant, stated his concurrence with the staff report and indicated a
willingness to respond to questions.
Responding to Commissioner Brown, Dr. Campbell indicated the surgery center will be bigger
than the center at the Medical Arts Building but substantially smaller than the center at Bozeman
Deaconess Hospital.
No one was present to speak in opposition to the application.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Major
Site Plan requested by T.L. Stroh Architect for Bridger Orthopedics and Sports Medicine Rocky
Mountain Surgery Center, under Application No. Z-01221, to allow construction of a +_ 38,000-square-
foot orthopedic clinic and day surgical center on Lot 1, Northern Rockies Professional Center, be
approved subject the following conditions:
All infrastructure improvements, including water, sewer, Ellis Street and
Highland Boulevard, shall be completed in accordance with the conditions of
approval for the Northern Rockies Subdivision PUD preliminary plat application
or any amendment thereof.
The final improvement drawing shall be adequately dimensioned. A legend of
all pertinent line types used shall also be provided.
3. All existing utility and other easements must be shown on the final site plan.
Prior to occupancy, pretreatment program sanitary sewer surveys shall be
prepared by each occupant and submitted to the Engineering Department.
Plans and specifications for any required 4-inch fire service line must be
prepared in accordance with the City's Fire Service Line Policy by a Professional
Engineer (PE), and be provided to and approved by the City Engineer prior to
initiation of construction of the fire service or fire protection system. The
applicant shall also provide professional engineering services for construction
inspection, post-construction certification, and preparation of mylar record
drawings.
Details for the required pretreatment sanitary sewer-sampling manhole shall be
included with the final site plan.
Existing sewer and water mains shall be clearly identified as existing. All
adjacent fire hydrants shall be clearly depicted.
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The location of the domestic water and fire services with backflow protection
must be indicated on the appropriate plan sheet and approved by the Water/
Sewer Superintendent.
Sewer and water services shall be approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed
by the applicant.
10.
The trees shown on the landscape plan can not be planted within 10 feet of the
water service line. The shrubs are acceptable.
11.
The proposed handicap ramp shall be installed in accordance with Americans
with Disabilities Act (ADA) standards. Proper dimensions, slopes, etc., shall be
included in the detail drawings.
12.
The applicant must submit seven (7) copies a final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Department.
13.
A building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued
until the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site
plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
14.
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final
site plan submittal. If occupancy of the structure is to occur prior to the
installation of all required on-site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than twelve (12)
months; however, all on-site improvements shall be completed by the applicant
within nine (9) months of occupancy to avoid default on the method of
security.
15.
According to Section 18.65.030 "Sign Permit Requirements", a sign permit
shall be secured prior to construction, placement, erection or modification of
such sign.
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 hearing - Zone Map Amendment from R-3 to B-2 - Montana Conference Association of Seventh
Day Adventists - Lots 1-5, Cleveland Subdivision (1425 West Main Street) (Z-01215)
This was the time and place set for the public hearing on the Zone Map Amendment requested
by the Montana Conference Association of Seventh Day Adventists, under Application No. Z-01215,
to change the zoning on Lots 1 through 5, Cleveland Subdivision, from "R-3", Residential--Medium-
density, to "B-2" Community Business. The subject property is located at the northeast corner of the
intersection of West Main Street and North 15th Avenue and is known as 1425 West Main Street.
Mayor Youngman opened the public hearing.
Associate Planner Don Grund presented the staff report. He noted this zone map amendment
is to change the zoning on 1.2 acres which currently contain an office complex, parking lot, church
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and residential lot. He noted that, in response to a petition by the applicant, the land use designation
in the Bozeman 2020 Plan is commercial; and this zone map amendment will bring the zoning into
compliance with that designation. He indicated that staff has reviewed this application in light of the
criteria set forth in the zone code, and staff's comprehensive findings are contained in the written
staff report. He concluded by forwarding the Zoning Commission's concurrence in staff's
recommendation for approval.
Mr. Myron Iseminger, Secretary-Treasurer of the Montana Seventh Day Adventist Association,
stated this subject property was developed almost fifty years ago; and this zone map amendment will
bring the zoning into line with its current usage and with the surrounding area.
No one was present to speak in opposition to the requested zone map amendment.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the Zone
Map Amendment requested by the Montana Conference Association of Seventh Day Adventists,
under Application No. Z-01215, to change the zoning on Lots 1 through 5, Cleveland Subdivision,
from "R-3", Residential--Medium-density, to "B-2" Community Business, be approved, and that staff
be directed to bring back an ordinance amending the zoning upon the applicant providing an accurate
legal description. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor
Youngman; those voting No, none.
Discussion re living ware ordinance
City Manager Johnson noted that, distributed just prior to the meeting, was a revised
ordinance, based on last week's discussion and Commissioner input received during the week.
City Attorney Luwe reviewed the revisions, noting that the living wage salary has been
changed to $8.50 with benefits and $9.50 without benefits; and those figures have been adjusted
slightly for the various categories of probationary, temporary, seasonal and short-term employees.
He noted that a definition for probationary employees has also been included to make sure this
ordinance does not impact the definition of probationary employee for other purposes. Also, a
revision has been included to restrict the automatic three-year exemption to those businesses with
less than ten employees.
Responding to questions, the City Attorney indicated that the last revision does not preclude
other companies from applying for a variance to the living wage ordinance, and confirmed that
conditional approval of a variance can be granted.
Commissioner Brown stated he feels a review period should be included in the ordinance. He
noted that he had previously suggested one year but proposed that be extended to two years.
City Attorney Luwe noted that a majority of the Commission may choose to bring the
ordinance back for review at any time. City Manager Johnson suggested an alternative may be to
include a sunset provision, noting that the ordinance would automatically terminate at that time if it
is not reviewed. After discussion, a majority of the Commissioners indicated support for a sunset
provision.
Mayor Youngman noted that she has been asked about those jobs with a Iow salary and
commission. She indicated that, with the way the ordinance is currently written, it appears a living
wage salary would be required, even with a commission. Commissioner Brown suggested that food
service workers who get tips could be subject to that same requirement. The Commissioners
concurred that a company could seek a variance in these types of situations.
Mayor Youngman voiced concern that the ordinance, as written, might stimulate the creation
of more part-time jobs and suggested that the number of hours in the definition be decreased to
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dissuade employers. City Attorney Luwe cautioned that the definition in the proposed ordinance is
how the City defines part-time for health benefits.
Responding to questions and concerns about the proposed differential in pay for probationary,
temporary, seasonal and short-term employees, City Attorney Luwe stated that they reflect a
percentage of the proposed base rate in light of the City's current salary structure. He noted that this
prevents seasonal employees from receiving a greater increase than regular employees.
Mayor Youngman stressed the importance of remembering that this ordinance applies to
recipients and not just the City. She stated that this variety of wages will make it more difficult to
communicate effectively and to implement. She concluded by stating that she feels a temporary or
seasonal employee is as capable of doing the work as a starting employee.
Personnel Director Pattie Berg cautioned that temporary, seasonal and short-term employees
do not receive health benefits, so under the ordinance as previously drafted, their salaries would
increase from a current average of $8.21 to $9.50 per hour; and that would have a huge impact on
the City's general fund.
Commissioner Brown stated it is important to work within the City's existing wage system,
even though it may be more complicated.
Responding to Commissioner Kirchhoff, the Personnel Director estimated that the City has a
total of 5 temporary and short-term employees in a year, plus 35 seasonal employees in the
Department of Public Service and 10 seasonal employees in the Recreation Department.
Commissioner Kirchhoff suggested that, even with all of the categories being included in the
ordinance, it could easily be communicated that 80 percent of the employees are covered by a simple
formula.
Mayor Youngman noted that the proposed living wage is actually within a few cents of
Missoula's wage since Bozeman's $8.50 wage applies to those who have completed the six-month
probationary period.
Commissioner Kirchhoff stated his general support for the ordinance as revised. He then
withdrew his support for a sunset provision, stating he would prefer a biennial review; a majority of
the Commissioners concurred with that change.
Mayor Youngman suggested that the three-year exemption for small companies be revised to
include those with fifteen or fewer; a majority of the Commissioners concurred.
City Attorney Luwe summarized the changes resulting from the discussion. Mayor Youngman
suggested that the revised ordinance be considered on second reading at a special meeting to be held
at 5:00 p.m. on Wednesday; the Commissioners concurred.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Copy of an e-mailed article entitled 'Living wage' being withdrawn, as published in The
Montana Standard, regarding the proposed living wage in Butte/Silver Bow.
(2) Copy of the classified pay rates for Gallatin County employees for Fiscal Year 2002,
as submitted by Commissioner Brown.
(3) Minutes for the Gallatin Local Water Quality District meetings held on October 11 and
November 1, 2001.
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(4) Note from Jonathan and Janet Kempff expressing appreciation for the Christmas
decorations at the downtown intersections.
(5) List of planning projects to be considered at upcoming Commission meetings.
(6) Memo from the Bozeman Area Bicycle Advisory Board, dated December 14, regarding
the bicycle lane concept proposal for Baxter Meadows Subdivision.
(7) Agenda for the Gallatin County Planning Board meeting which was held at 6:00 p.m.
on Tuesday, December 11, at the Courthouse.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
December 18, at the Courthouse.
(9) Agenda and revised agenda for the Zoning Commission meeting to be held at 7:00 p.m.
on Tuesday, December 18, in the Commission Room, along with notice that the City Planning Board
meeting has been cancelled.
(10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, December 18, at the Professional Building.
(11 ) City Manager Johnson noted that budget tours have been scheduled for two Saturdays,
January 5 and 12, 2002, and cautioned that they will be long days.
(12) Planning Director Andy Epple submitted the following. (1) Encouraged the
Commissioners to seek a joint meeting with the County Commission to discuss the draft
intergovernmental agreement, with representatives from both the City Planning Board and the County
Planning Board and both planning staffs be included in that discussion. (2) Indicated that, as his time
allows, Urban Designer Don Grund will be available to work on park planning issues.
(13) Director of Public Service Debbie Arkell submitted the following. (1) Announced that
City Engineer Craig Brawner is retiring the end of this month, and invited the Commissioners to attend
his farewell party, scheduled for 5:00 p.m. on Wednesday at The Point After. (2) Noted that Montana
Power Company is proposing wetland mitigation in Rose Park, since they are constructing a new sub-
station along Flanders Mill Road, on the Doug Smith property, where vegetative wetlands mitigation
is also required. (3) Stated that staff is beginning work on the POST plan, which will include park and
trail opportunities in the entire city.
The Planning Director suggested that, in exchange for creating 1.25 acres of wetlands in Rose
Park, the City could possibly get Montana Power Company to fund the rest of the study.
(14) City Attorney Paul Luwe stated the defendants in the SB242 litigation have consented
to entry of a preliminary injunction.
(15) Commissioner Frost showed the Commissioners a picture of the narrow roads in
Pennsylvania, which widen at major intersections, noting they are used effectively. He stated the only
issue is that many subdivisions have cul-de-sac streets and only one entrance and exit. He noted the
other interesting issue is the tax structure in Pennsylvania.
(16) Commissioner Brown noted that, in the ordinance converting to self-government
powers, one of the provisions moves setting of the Clerk of the Commission's salary from the
Commission to the City Manager. He suggested that this type of change should be made intentionally
and not accidentally, and noted that if other Commissioners are interested, he would like to discuss
the issue.
(17) Commissioner Frost noted that he saw Deputy Clerk of the Commission DeLathower
at the hospital today and suggested that the Commissioners send her a card.
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(18) Commissioner Smiley noted that she has attended every Commission meeting for the
four years she has served.
Adjournment - 9:45 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. 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.
MARCIA B. YOUN~~N, Mayor
ATTEST:
Clerk of the Commission
12-17-2001