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HomeMy WebLinkAbout2003-04-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA April 21, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 21, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Susan Wordal and Clerk of the Commission Robin 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 - January 18. 2000. November 22.2002 and April 14. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of November 22, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 14, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Arbor Dav" - April 25. 2003 Proclamation - "Law Dav" - Mav 1. 2003 Acknowledge receipt of application for annexation - Jerald E. Swenson - 7.07 acre parcel described as a portion of Lot 1. Minor Subdivision No. 221 (northeast corner of intersection of North 27th Avenue and Vallev Center Road): refer to staff Authorize Citv Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access Easement and Agreement - Donald E. Cape. Sr. - 30-foot-wide easement across tract Ivina south of West Villard Street. west of Greenway Court (for West Villard Street Development condominium proiect) Authorize City ManaQer to sian - letter aareement between Montana Department of Transportation and City of Bozeman - relocation of water and sanitary sewer facilities in coniunction with reconstruction of intersection of 19th Avenue and West Main Street (CM 50-2(37)88 r4179n Award bid - sidewalk installation and repairs - JTL Group. Incoo Belarade. Montana - in the total bid amount of $167 .845.00 Approval of Depositorv Bonds and Pledaed Securities as of March 31. 2003. as reviewed bv Commissioner Hietala and Commissioner Brown 04-21-03 ------ ------------- --------".- --....-..--------- - .-...- . - 2,. Authorize exoenditure of $2.023.94 as oartial reimbursement for costs billed bv the State of Montana Deoartment of Environmental Quality for the Bozeman Solvent Site for the oeriod October 1. 2002 throuah December 31. 2002 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Continued oublic review - oreliminarv olat for first minor subdivision - subdivide orooertv described as the east 77 feet of Lots 1-6. Block 16. Park Addition. into two lots - C&H Engineering for Melissa and Dennis Steinhauer. 404 West Curtiss Street (P-03006) This was the time and place set for the continued public review of the preliminary plat for the first minor subdivision of property described as the east 77 feet of Lots 1 through 6, Block 16, Park Addition, as requested by C&H Engineering for Melissa and Dennis Steinhauer under Application No. P-03006. The subject property is located at 404 West Curtiss Street. Included in the Commissioners' packets were the resolution and draft minutes from the City Planning Board; and previously distributed was the staff report. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub. He gave a brief history of this site, noting that in September 2002, the applicant received Commission approval for the construction of a second house and attendant garage that encroaches into the required rear yard setback. In November 2002, the applicant requested authorization to split this one large lot into two separate lots, with the lot for the second house being smaller than allowed under the zone code. He indicated that this planning application now provides for the splitting of the lot into two lots. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He indicated that, following its review of this request at its April 15 meeting, the City Planning Board concurred in the staff's recommendation for approval. Responding to questions from Commissioner Brown, the Planning Director stated that adequate on- site parking will be provided for the second dwelling unit. He noted that no change is proposed in the parking configuration for the existing home. which has historically relied on on-street parking. Mr. Dennis Steinhauer, applicant, indicated concurrence with the staff report and a willingness to respond to questions. No one spoke in opposition to the application. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat for the first minor subdivision of property described as the east 77 feet of Lots 1 through 6, Block 16. Park Addition, as requested by C&H Engineering for Melissa and Dennis Steinhauer under Application No. P-03006, be approved subject to the following conditions: 1. Prior to issuance of a building permit, water and sanitary sewer services must be available to the proposed lot. 2. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or 04-21-03 ---------- --- .____ _....u________ - 3 - equivalent); two (2) digital copies on a double-sided, high density 3~-inch floppy disk; and five (5) paper prints. 3. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - intent to create Soeciallmorovement District No. 674 - water. sewer and street imorovements within Bridaer Center Subdivision This was the time and place set for the public hearing on the intent to create Special Improvement District No. 674 under Commission Resolution No. 3584, entitled: COMMISSION RESOLUTION NO. 3584 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Mayor Kirchhoff opened the public hearing. Mr. Phill Forbes, Morrison-Maierle, Inc., reminded the Commissioners that in August 2002, a petition was submitted to the City by the property owners within Bridger Center Subdivision requesting the creation of a special improvement district that includes water, sewer and street improvements in a relatively developed commercial subdivision. He briefly highlighted those improvements, which include the extension of water mains; the replacement of an existing sewage lift station and extension of a main; and street improvements, including paving and drainage. He concluded by noting that this proposed special improvement district is widely supported by the various property owners. No one from the public spoke in support of or in opposition to the proposed special improvement district, and no written comment was received prior to the April 17 deadline. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that staff be directed to bring back a resolution of creation for Special Improvement District No. 674. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public review - proposed alcohol policy as submitted by the Bozeman Alcohol Policy Advisorv Council Distributed just prior to the meeting was a summary of policy recommendations from the Bozeman Alcohol Policy Advisory Council, along with support information for those recommendations. Mayor Kirchhoff noted that, when the Commission received the initial presentation of the Bozeman Alcohol Policy Advisory Council's report at the March 31 meeting, he failed to give recognition for their efforts. On behalf of the Commission, he acknowledged the council members' efforts over the past six months and thanked them for the hours they have donated to this issue. 04-21-03 -4- Ms. Betsy Webb, Chair of the Bozeman Alcohol Policy Advisory Council (BAPAC), reintroduced the Council members: Jami Brogan, ASMSU Wellness Coalition; Jamie Cornish, Bozeman Professional Business Women; Dave Douglass, Alcohol and Drug Services of Gallatin County; Don Frye, owner of the Haufbrau and Filling Station; Liz Grenier, Bozeman High School student; Jenny Haubenreiser, MSU Health Promotion; Carla Hill, co-owner of the Bistro; Bill Kayser, Assistant Director of Public Safety for the City; Bill Robinson, emergency room physician; Betsy Webb, Institute for Public Strategies; and Commissioner Liaison Marcia Youngman, Ms, Webb stated the primary focus ofthe BAPAC was on reduction of underage drinking and drunk driving, She stressed that the recommendations submitted are components of a comprehensive package and encouraged the Commissioners to consider them as such. She noted that these recommendations make it clear that allowing underage drinking parties is both illegal and unacceptable, and indicated that education will be an important component of the policies. Ms. Jenny Haubenreiser highlighted the Council's recommendations, stressing that they are based on public health and safety issues. She indicated that the Council is looking for funding sources to implement some of the recommendations, noting that many of them are designed to assist law enforcement in effectively addressing underage drinking and driving under the influence. She noted the Council's highest priority recommendation is the formation of an ongoing, broad based Community Alcohol Coalition to assist in implementation and continuing evaluation of the various proposals. In addition, the Council is proposing the following policy recommendations: (1) implement a keg registration program, to assist law enforcement in identifying the adult who purchased a keg left behind or confiscated from a party; (2) enact a social host responsibility ordinance, to discourage house parties where alcohol is made available to underage people; (3) provide incentives to alcohol retailers who conduct responsible beverage service (RBS) training for all employees; (4) implement a safe neighborhood initiative, which is intended to foster safety and civility within neighborhoods and to identify habitual offenders, or party houses; and (5) require responsible beverage service training for special events. In addition to these new policies, the Council also suggested that existing policies be changed as follows: (1) increase the fines for open container violations; (2) increase the number of compliance checks to a minimum of four per year; (3) update the Bozeman Municipal Code to bring it into compliance with current statutes; (4) increase enforcement of existing policies; (5) cluster alcohol policies in an "alcohol abuse prevention" section in the Bozeman Municipal Code; (6) strengthen policies regarding minors in possession (MIP) and driving under the influence (DUI) laws; and (7) host a judicial forum to encourage strong and consistent enforcement of the laws. Dr. Bill Robinson focused on youth access to alcohol, noting they obtain their alcohol from private sources rather than from taverns. He acknowledged that youth will make the right choices much of the time; however, one wrong choice could cost the youth his or her life. He cited an incident that occurred just after his arrival in Bozeman, where two MSU students were car surfing after becoming intoxicated. Both received head injuries, and one of them died as a result of those injuries. He was working when the youths were brought into the emergency room and was responsible for calling the parents of one in the middle of the night to let them know their son would probably not live. He characterized that as a parent's worst nightmare, and encouraged the Commission to adopt these recommendations as a step toward reducing the number of times such calls must be made. Ms. Liz Grenier, junior at Bozeman High School, noted she was pessimistic when the Council began meeting but became supportive of the process. She recognized that none of the recommendations is a magic cure-all; however, the recommendations, when combined, can help to reduce the amount of underage drinking. She acknowledged that underage drinking will always occur, but noted it does not need to be so careless or unruly. She concluded by noting she would like to complete her time in high school without any more alcohol-related tragedies. Ms. Heidi Bogert Dornier, 3B Gallatin Drive, addressed the Commission while holding a picture of her nephew, Jonathan Cook, who died at the age of 24, after a long struggle with alcohol that began in high school. She stressed the importance of implementing policies that stop kids from drinking and that penalize the adults who buy it for underage drinkers. She noted that her nephew had two DU Is but, rather than being provided counseling and treatment he was sentenced to jail. She encouraged the Commission to address the problem and stop the cycle, and to discourage underage drinking. She concluded by expressing her support for the Council's recommendations and asked the Commission to adopt the policies. Dr. Bob McKenzie, physician at MSU, noted he moved from Denver to Bozeman for the quality of life and to raise his family. He noted that alcohol is a problem in this community, not just its usage, but the 04-21-03 - 5 - behavior that goes with use, or abuse, of alcohol, including noise, aggressive behavior and motor vehicle accidents. He stated that "underage drinkers are driven by peer pressure, hormones and the environment." He recognized that the City cannot control the peer pressure or the hormones, but it can control the environment by implementing policies and rules that encourage responsible alcohol usage. He characterized the recommendations as reasonable and prudent and encouraged approval. Mrs. Mary Beth Adams stated she represents the residents of outlying areas who shop, dine and participate in athletic events in Bozeman. She noted that she also represents parents who sometimes struggle in that role. She acknowledged that her two older children suffer from alcohol related issues because of her parenting at that time, but her two younger children are well adjusted. She suggested that much of this is due to her becoming more involved in her children's lives, chaperoning events whenever possible and knowing where they are going and who they are with. She recognized that other parents, however, are now where she was before and suggested that it is important for the community to protect children from this behavior to the greatest extent possible. Ms. Chris Seifert, 5700 Fowler Lane, stated she teaches what happens physically, socially and cognitively. She gave a brief overview of brain development, noting that the two-year-old brain "explodes," and it is an optimal time for learning. From that point on, those parts of the brain not used are pruned away. The same thing occurs in adolescence, at which time those things learned through experience and memory are saved, and the unused parts of the brain are once again pruned away. She noted that alcohol does not have the same effect on teens that it has on adults; they encounter less motor impairment and fewer sedative effects and, as a result, they drink more. She noted that this affects the frontal lobes, where planning and decision making occur; and the result of drinking is often poor decisions. She concluded by encouraging the Commission to consider this information when acting on the Council's recommendations. Ms. Elisabeth Driscoll stated she is a junior at Bozeman High School. She noted that, until she saw the results of a survey, she was unaware of how much drinking and use of drugs occurred at the high school. As a result of her shock, she wrote an article for the Hawk Tawk, a portion of which she read to the Commission. She noted that the problem typically starts with poor family discipline and parents with problem behaviors. She stated that when parents don't fill the role, children turn to friends and can sometimes be influenced by teachers. She noted that statistics reveal the usage of drugs and alcohol have decreased at Bozeman High School and the statistics are lower than for Montana; however, much more needs to be done. She concluded by noting that students are more likely to make the right decision when they are held accountable. Mr. Glen Puffer, Assistant Dean of Students at MSU, complimented the Council on its work and recommendations. He noted that, as Assistant Dean, he works with those who find themselves at odds with the law. In that capacity, he will see approximately 250 of the 12,000 students enrolled at MSU, with over 200 of those students having alcohol-related issues. He recognized that each of the five recommendations will have some effect on the issue and, together, will have a significant amount of impact. He urged the Commission to give its strongest support to the Council's recommendations. Mr. Bill Muhs, President of Mothers Against Drunk Drivers (MADD), stated he lost his middle daughter, at age 20, in an accident involving a drunk driver. He noted that underage drinking is an epidemic in the United States, and in Montana, the statistics are higher than the national figures. He noted the general perception is that Montana is not serious about underage drinking and, in his travels around Montana, he has found too many adults and those in leadership tend to look the other way. He urged the Commission to support the recommendations from the BAPAC, particularly the keg registration. Mr. Joe Frost, 1816 South Rouse Avenue, stated he was first introduced to young people and alcohol when teaching the GED program for youth at risk; and he found most of them started drinking by the time they were 12 years old. He noted the proposed policies are well thought out and encouraged the Commissioners to adopt them and help the youth stay alcohol free. Ms. Connie Ostrovsky, 135 Hitching Post Road, stated she is the mother of a sixth grader, on the cusp of puberty and experimentation. She noted that those students who are home without supervision have an excellent opportunity to try what is tabu, and when they reach high school, drinking becomes the cool thing to do. She noted that, if it is easily available, alcohol is used and abused by underage drinkers; and wrong, deadly decisions can be the result. She stressed the importance of making it more difficult for underage youth to obtain alcohol, and expressed support for keg registration. She concluded by encouraging the Commission to adopt the recommendations of the Council. 04-21-03 -6- Mr. Brett Cline, 309 North 3rd Avenue, noted that no one in the community is an advocate of underage drinking. He cautioned that there is one glaring omission in the proposed program, and suggested that a supplemental transportation system for those people who are too drunk to drive could alleviate many of the issues that have been identified. He also noted that fake IDs are a very serious problem for local retailers, and suggested that those who make such IDs should be as responsible as the retailers who may serve to underage patrons based on those IDs. Mrs. Arlene Wylie, 106 Silverwood Drive, spoke as the mother of two teenage boys, noting she is very aware and concerned about the problems with alcohol and young people. She stated that last week her younger son noted he saw students drinking beer in their cars at lunch time. She then expressed support for the recommendations submitted by the Council and encouraged Commission approval. Ms. Melanie Hathaway, JR's Lounge, stated she teaches the TIPS program. She noted that she has provided the responsible beverage service training to 58 servers in this county. She indicated that the classes are held every other month and have been full. She questioned whether incentives are needed for taking this training and asked if the Commission is looking for 100 percent of the workers to be trained or if a lower number, like 80 percent compliance, is adequate. She noted that the industry has a high turnover rate and cautioned that 100 percent compliance could be difficult to achieve. Ms. Arison Antonucci, 610Yz South 8th Avenue, noted she is both an MSU student and a health educator, devoted to educating people on high risk behaviors. She noted that the usage of alcohol is a big problem, and education must be backed up by consequences and enforcement to be effective. She stated that the behaviors of those who use or abuse alcohol are very destructive, both to self and to others. She then indicated that she was recently in a bar where she saw several underage people drinking, which reflects a failure of commercial establishments to self-patrol. She encouraged the Commissioners to adopt these recommendations, noting they will be beneficial to the community. Mr. Tom Luhrsen, deputy sheriff and resource officer to the rural schools, encouraged the Commissioners to approve the recommendations of the Council. He suggested that keg registration could help reduce the number of parties to which law enforcement must respond. He noted that when two officers respond to a kegger with 300 underage drinkers, it is difficult to do more than confiscate the keg. He stated that the last compliance check was a joint effort by the Police Department and the Sheriff's Department. Out of 77 businesses checked, 19 were out of compliance, for a 73-percent compliance rate. He recognized that figure could be higher with better training and more frequent checks. Mr. Mike Hope, 322 North 20th Avenue, noted he is involved in three hospitality operations. He noted that restaurant and bar owners don't want to see anyone killed as a result of drinking and they often live in fear of a lawsuit from such an accident. He acknowledged that some of these are good recommendations while others need some additional work. He expressed concern that existing laws, such as the open container law, are not currently enforced and questioned the benefit of adding new laws that may not be enforced. He suggested that more representation from the industry be included on the coalition, noting that they could help to develop even better solutions than are before the Commission today. He then indicated that he, too, is a parent; and he feels that it is important to be a good parent and to provide the best example possible for the children. Mr. Ralph Ferraro, Rocking R Bar, noted that the Montana Tavern Association produced a film for training employees that he has used over the past ten years, and he supports the TIPS program. He noted it is critical to not let underage people drink in a bar; however, he stated the fake ID issue is "a constant cat and mouse game." He stressed that bars do not want underage patrons; in fact, they work hard to keep those people out because of the risks involved. He acknowledged that some of the recommendations from the Council are good; however, he indicated that government intervention is not needed. He concluded by complimenting the Council for the study it has prepared. Mr. Carl Esbjornson, 236 Marilyn Court, expressed concern that a tea tottler can face a stiffer fine for speeding than someone might pay for a first DUI. He acknowledged that the City needs to enforce the existing laws and suggested that the new recommendations could help by putting teeth into those laws. He recognized that keg registration will make enforcement easier, and holding parents responsible for house parties could further help. He encouraged the Commission to turn the corner and enact some good laws that help to address the problems identified with drinking. 04-21-03 ---..----------- -- -.------- ...___.._m._ _.. - ...._._no.. - 7 - Mr. Ed Brandt, 4435 Annette Park Drive, noted he is a beer and wine distributor. He acknowledged that the BAPAC was a good idea but suggested that looking for effective ways to control bad behavior by young people is also needed. He stated that, at the present time, there is no limit on what a young person can access on the internet, with the Bozeman Public Library being one of the best places from which to do so. Also, there is no restriction on what students do, or don't, wear to school; and students are allowed to leave the campus unrestricted and unsupervised at lunchtime. The content of what's available on television and in magazines is much less restricted than it was in the 1960s; in fact, much of it "wouldn't have been in Playboy." He concluded by acknowledging that many of the policies proposed by the Council are good and would be effective; however, as a beer distributor, he does have some concerns about keg registration. Ms. Lesa Maher, 418 West Story Street, stated that she is the parent of two teenage boys and, as an adolescent liaison, she works with a broad range of parents and teenagers. She indicated that the recommendations from the BAPAC provide support for parents like her, who "do the hardest job in the world with limited resources." She expressed appreciation for the retailers who don't serve to the youth, and noted that these recommendations provide tools to help parents and the community to keep the youth safe. Mr. Peter Bronken, beer distributor in the community since 1975, stated he has a real problem with the proposed keg registration. He noted that few "keggers" for young people actually have a keg; it is generally cheaper to have packaged beer. He voiced concern that the beer distributor position on the BAPAC was never filled. He turned his attention to the after-prom parties at the high school the past two years, noting that last year, 900 students attended the party. At the door, eight were pulled out of line on suspicion of drinking, and only two failed the breathalyzer. This year, 700 students attended the party, and six were pulled out of the line. He stressed that these figures represent very low percentages. He concluded by noting that the community has come a long way from the spring thaws at Reno H. Sales Stadium twenty-five years ago, when 392 kegs of beer were consumed in eight hours. Mrs. Carla Hill, 1417 South 5th Avenue, expressed her thanks for being allowed to serve on the BAPAC as a restaurant owner, a Bozeman resident, and a parent of three teenage boys. She noted that, as a parent, she is aware of the problems associated with underage drinking; and these recommendations provide support to the families. As a restaurant owner, she noted it is important to give employees the strategies needed to deal with excessive drinking and underage drinking. And, as a homeowner in a high- density residential area close to campus, she has encountered the problems that result from loud house parties, vandalism and theft. She concluded by noting that the creation of an ongoing coalition to address drinking issues is critical. Ms. Katie Bark, 1705 Willow Way, stated the proposed recommendations will support her as a parent of two teenagers. She encouraged the Commission to approve the recommendations for several reasons: adopting the policies (1) sends a strong message to residents of Bozeman and Montana that the community cares, wants to prevent underage drinking, and won't ignore the sources of alcohol for underage drinkers; (2) and holds adults who provide alcohol to minors more accountable. She stated the result will be a safer community. Ms. Jennifer Williamson, 5831 Arrowwood Drive, stated she has lived next door to a "habitual party house" for the past seven years, with six to eight young people living in the house at a time. She noted the result has been vandalism, keying of cars, and drunk kids falling in the street, which causes her concern when her daughters come home late at night from work. She expressed her strong support for the recommendations from the Council, particularly the safe neighborhood initiative, even though she recognizes that it will not impact her specific situation. Ms. Becky Robideaux, 20 East Garfield Street, stated she is a prevention specialist. She noted that parents are role models, teaching their children and providing boundaries; however, children do grow up and leave home. As a result, community support for the parents' efforts is critical. She stated that the recommendations from the Council will provide the policies and laws needed to support the youth and to decrease opportunities for underage drinking. Mr. Brian Close, 406 East Olive Street, encouraged the Commission to give favorable consideration to the recommendations of the Council. He also noted this community has an extraordinary amount of talent and encouraged the Commission to keep tapping into that source to gather information regarding various issues of interest to the City and the community. 04-21-03 -------.- --.- ..--.--.... ---- -..--- -8- Ms. Connie Lange, 712 South Tracy Avenue, stated she is in full support of the recommendations forwarded by the Council, for many of the reasons given by previous speakers. She noted that their adoption is a step toward alleviating underage drinking and overdrinking, reducing the potential for fatalities and near misses. Break - 8:47 to 8:55 p.m. Mayor Kirchhoff declared a break from 8:47 p.m. to 8:55 p.m., in accordance with Commission policy. Public review (continued) - proposed alcohol policy as submitted bv the Bozeman Alcohol Policy Advisory Council Mayor Kirchhoff indicated that the public comment portion of the meeting has been closed and encouraged questions to those who testified, and Commissioner comments and responses. Responding to questions from Commissioner Cetraro, Assistant Director of Public Safety Bill Kayser stated the Bozeman Police Department fully supports the recommendations from the Council. Responding to Commissioner Youngman, Assistant Director Kayser estimated that 80 percent of the crimes investigated by the Police Department are alcohol or drug related, with those investigated between 5:00 p.m. and 5:00 a.m. being an even higher percentage. He then stressed that the BAPAC is not anti-business, anti-distributors or anti-bar owners; rather, they simply recognize the benefit of everyone working as a team to combat underage drinking. He noted that a few more laws, such as keg registration, will give law enforcement some useful tools. He stated that he has seen the results of keg parties, and noted "it is not pretty;" and keg registration will allow law enforcement to return the kegs to their rightful owners. He also expressed support for the responsible beverage service training noting that, while he does not feel this training should be made mandatory, he would like to see 100 percent of those who serve being certified under this program. He stated that the Police Department responded to 885 loud party/noise complaints last year, some of which were repeat offenders; and the safe neighborhood initiative would give law enforcement more teeth to address those situations. He also suggested that additional compliance checks could increase the percentage of compliance, noting that the Billings Police Department conducts ten compliance checks a year and now has almost 100 percent compliance. Responding to Mayor Kirchhoff, Assistant Director Kayser noted that keg registration could lead to more bulk purchasing of package beer and wine, and suggested that store owners should contact local law enforcement if someone comes in and buys thirty cases of beer. He then indicated he has no problem with any of the recommendations from the Council and is particularly supportive of a continued coalition. Commissioner Hietala noted that many of these recommendations overlap with legislation that has been or is being considered in the current session. He stated, in fact, that eight of the bills have been passed and suggested that the drafting of any ordinance be delayed until after the legislative session is completed. Assistant Director of Public Safety Bill Kayser voiced his concurrence with that suggestion, noting that the Council debated about whether to delay submittal of its recommendations until after the legislative session was completed, but chose to proceed. Commissioner Hietala noted that he grew up in the Bozeman area and recognizes the craftiness of youth. He expressed concern that keg registration in Bozeman only will cause youth to party out of town, further compounding the potential of people driving under the influence. Assistant Director Kayser acknowledged those concerns. He suggested, however, that if more municipalities address this issue, it is possible the State Legislature will be more willing to approve bills regarding these issues in the upcoming session. Commissioner Brown recognized that when policies are referred to legal counsel for drafting of an ordinance, those policies don't always come back the same way. 04-21-03 .-..--...-- -------.-.-- -9- Responding to questions from Commissioner Brown, Staff Attorney Susan Wordal recognized that an adult may provide alcohol to his or her underage child; however, the law does not allow that adult to provide alcohol to any other underage person. The proposed social host policy gives adults and the City one more tool to preclude underage drinking in one's home. Responding to questions from City Manager Johnson, Staff Attorney Wordal confirmed that if one has a house party with a cooler of beer in the basement and an underage person gets into that cooler, the adult in the home knew or should have known that that occurred and could be cited under the social host provision. Responding to questions from the Commission, Staff Attorney Wordal indicated that, at the present time, when the police receive a call regarding a loud party, they typically break it up and are generally aware if they have been to that address before. Under the safe neighborhood provision, they would be able to better track those calls and not only break up the parties but, for repeat offenders, could take additional steps such as assessing the costs to those residents and notifying landowners or property managers. Staff Attorney Wordal stressed that the Council has forwarded a package of proposals and encouraged the Commissioners to consider them as a unit rather than individually. She then noted that youth are in municipal court on almost a daily basis for minor in possession tickets. She expressed concern that many of those youth think getting the MIP tickets and being caught at loud parties are funny because there are not adequate teeth in current laws. She suggested that if they encounter consequences, it may be enough to deter such activity. Responding to Commissioner Youngman, Staff Attorney Wordal stated that, if the Commission directs staff to draft the ordinances to implement these policies, she will begin to do so. She cautioned that, unless this issue is made a priority by the Commission, it will fall into the workload for the office and will be accomplished as time and other priorities allow. Responding to Commissioner Hietala, the Staff Attorney stated that fiscal impacts of these policies is dependent upon the level of enforcement. She noted that if ten compliance checks are to be done each year, there will be fiscal impacts; however, if the Police Department is allowed to conduct fewer compliance checks as time and workload allow, the impacts will be minimal. In response to questions from Mayor Kirchhoff, Mr. Peter Bronken stated that, from an historic perspective, the number of kegs sold has decreased dramatically. He stated that most of those kegs are sold to bars and tapped there, never leaving the premises. He noted that they used to receive calls from the Sheriff's Office every six months or so and would go pick up 20 to 40 kegs at a time. He indicated that they have not received any phone calls in the last three or four years to go pick up confiscated kegs. He then reiterated his point that if keg registration is imposed, the youth will simply change to bottles and cans. Commissioner Youngman voiced her support for the proposed recommendations and for directing staff to draft ordinances to enact them. She suggested that the industry be asked to participate in identifying the most practical and least expensive ways of implementing some of the recommendations, such as the keg registration. Commissioner Cetraro noted the constant theme through the public testimony was working together as a team. Other recurring themes include the need for broad representation on an ongoing advisory board and the need for further research. He suggested it is important to continue meeting on these issues rather than having the Commission take action at this time. Commissioner Youngman stated the Council had more representation and more input from the community than most bodies prior to submitting recommendations. She indicated that a substantial amount of information was gathered through the interviews, which included representatives from the hospitality industry. She suggested that it would be beneficial to have more people from the hospitality industry step forward to serve on the coalition as discussion on this issue continues. Commissioner Brown stressed the importance of not dictating the final form of the ordinances, but allowing staff to move forward with the drafting of ordinances, taking into consideration possible courses of action that may be very effective. He then voiced his appreciation for the Council's work and the input from the community. 04-21-03 - 10- Commissioner Cetraro voiced his support for creating an ongoing coalition and suggested that they be charged with providing more information on the various policy recommendations before the Commission proceeds to enact them. Commissioner Youngman responded that the Council has forwarded a package and has requested that the Commission act on it as a whole. Commissioner Hietala indicated that he supports an ongoing coalition and continued dialogue on this issue. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission endorse the proposed recommendations submitted by the Bozeman Alcohol Policy Advisory Council, including the creation of an ongoing coalition, and direct staff to begin drafting ordinances to implement the policy recommendations upon adjournment of the legislative session. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Mayor Kirchhoff asked that, if staff encounters any problems with meeting the time standards for preparing ordinances, the Commission be notified immediately. Break - 9:45 to 9:55 Dm. Mayor Kirchhoff declared a break from 9:45 p.m. to 9:55 p.m., in accordance with Commission policy. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from the Montana Department of Environmental Quality, dated April 2, announcing the comment period on the draft environmental assessment for the Holcim application to burn scrap tires in their kiln. (2) Letter from the Montana Department of Environmental Quality, dated April 11, announcing that the comment period on the draft environmental assessment for the Holcim application to burn scrap tires in their kiln has been extended to May 9, to coincide with the comment period for the draft air quality permit. (3) Copy of the insert page for the Burke Park master plan as submitted by Kate Gardner. (4) List of planning projects for upcoming Commission meetings dated April 18, 2003. (5) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated April 17, forwarding a status report on the legislative session. (6) Minutes from the April 15 meeting of the Bozeman Alcohol Policy Advisory Council. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 22, in the Commission Room. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 22, at the Professional Building. (9) Agenda and revised agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 22, at the Professional Building. (10) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, April 22, in the Commission Room, along with minutes from their meeting held on April 8. 04-21-03 .--.--- -- .-......---- -----., ------.- -- - 11 - (11 ) Copy of the newspaper notice of the meeting on the Bozeman Creek neighborhood plan, scheduled for 7:00 p.m. on Wednesday, April 30, in the Board Room at the Willson School. (12) Agenda for the Montana Transportation Commission meeting scheduled for May 7 in Kalispell. (13) City Manager Johnson noted he has received a copy of a letter from Grants Administrator Sara Folger to Gary Griffith at the School District, indicating the intent to proceed with reroofing of the East Willson School with CTEP monies. He asked if the Commission feels that $136,000 in the City's CTEP monies should be used for this purpose, or if the monies should be possibly be diverted to another project since the City has just acquired the SAE House. Commissioner Youngman stated that the Commission has never rescinded its previous direction. She then noted that the School District has indicated it wishes to save this historic structure even if the City does not wish to acquire it. Director of Public Service Arkell noted the initial indication is that the School District does not have the matching monies for this project, but she has not yet seen that response in writing. The Commissioners indicated that they will wait for an official response from the School District before considering any action on this issue. (14) City Manager Johnson indicated that the Griffin Drive site is becoming a less viable option as a transfer station site, particularly since it has become evident that the railroad owns a 200-foot right-of- way through the parcel that results in an odd-shaped usable site slightly over five acres in size. Also, staff has been approached by Envirocon, a subsidiary of the Washington Corporation, with a proposal for a privately-owned transfer station on existing railroad property at the corner of L Street and Front Street. He asked if the Commissioners wish to listen to a presentation from Envirocon at the April 28 meeting, as a possible option to a City-owned transfer station. Responding to questions from Mayor Kirchhoff, the City Manager indicated that if the City chose to pursue this option, Bozeman would not join the solid waste district. Responding to issues raised by Commissioner Youngman, Director of Public Service Arkell stated that Envirocon has a strong recycling program. Mayor Kirchhoff expressed interest in looking at a comprehensive composting program rather than burying the solid waste. He stressed the importance of looking at all options, rather than pursuing just one at this time. He noted that could include other sites for a City-owned transfer station, including the landfill, the Love Lane site and any other sites that may have recently become available. Commissioner Brown proposed that the Commission consider the various opportunities in a sequence of meetings, with the Envirocon proposal being scheduled for the first meeting. Three ofthe Commissioners indicated an interest in listening to the proposal from Envirocon at next week's meeting. (15) Mayor Kirchhoff noted that the Commissioners have received a packet of information from Montanans Against Toxic Burning (MA TB), dated April 17, encouraging the City Commission to write a letter to the Montana Department of Environmental Quality asking that a full environmental impact statement be required for the Holcim proposal for tire burning at their kiln. He asked if the Commissioners are comfortable with authorizing him to write a letter limited to that single issue, or if a presentation from the MATB at next week's meeting is desired. The Commissioners agreed that no presentation is needed. The Mayor indicated he will draft a letter and distribute it electronically for Commissioner review and comment. Commissioner Cetraro indicated he has not yet reviewed the information, but will do so within the next few days and let the Mayor know if he can support the letter. Commissioner Brown noted that an informational meeting has been scheduled for April 29 in Manhattan if any Commissioners wish to gather additional information. 04-21-03 - 12 - (16) Commissioner Youngman asked how many Commissioners plan to participate in cleaning up around City Hall for Clean Up Bozeman day on Saturday; three Commissioners indicated their intent to do so. (17) Responding to Mayor Kirchhoff, Director of Public Service Arkell indicated that Superintendent of Facilities and Lands James Goehrung is working on a grant for resurfacing of the tennis courts at Southside Park. (18) Commissioner Youngman stated she spoke to the Landlords' Association last week, and they showed interest in working with the City to address issues such as loud parties by possibly toughening their lease agreements. (19) Mayor Kirchhoff read an excerpt from a letter from the Environmental Protection Agency announcing that Lisa Lee, a student at Morning Star School, was a finalist in the second annual national radon month action poster. He expressed his intent to write letters of congratulation to both her and her teacher for this recognition; the Commissioners agreed. Adiournment -10:28 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. ST~~~ ATTEST: ~/~ ROBIN L. SULLIVAN Clerk of the Commission 04-21-03 ...._ __no....___