HomeMy WebLinkAbout2000-12-18 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
. BOZEMAN, MONTANA
December 18, 2000
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The Commission of the City of Bozeman met in regular session in the Commission' Room,
Municipal Building, on Monday, December 18, 2000, at 3:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager
Johnson, Assistant City Manager Brey, Staff Attorney Cooper, and Deputy Clerk of the Commission
DeLathower.
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, January 24, JanuarY 31 , February 7, February 14, June 19, July 17, October 2,
November 6, November 30, December 4, December 7 and December 11 , 2000
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of November 6 and December 4 be approved as amended, and the minutes of November
30 and December 7, 2000, be approved as submitted. 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.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24,
January 31, February 7, February 14, June 19, July 17, October 2 and December 11, 2000 to a later
date.
Exit Conference for FY2000; presentation of Comprehensive Annual Financial Report (CAFR) -VeltkamD,
Stannebein and Bateson
Included in the Commissioners' packets was a copy of the Comprehensive Annual Financial
Report (CAFR) for Fiscal Year 1999-2000, as prepared by Veltkamp, Stannebein and Bateson.
Bill Mills, Veltkamp, Stannebein, and Bateson, offered the financial highlights, noting the
Department of Commerce requires an annual audit. Upon completion of the audit, a report is prepared
stating cqmpliance with laws, regulations, and provisions of various grants. This report is more detailed
than is required by the Department of Commerce, but is one that is submitted for receipt of an award
for excellence .in financial reporting, which the city has received for 15 consecutive years or so,
including last year. This, in turn, helps the city's bond rating, which results in lower interest rates for
the city. Mr. Mills stated they had met with the Audit Committee and discussed the results of the audit,
and they also suggested ways to improve the efficiency of the Finance Department and identified areas
to improve in order to mitigate risks.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
acknowledge receipt of, and accept, the Comprehensive Annual Financial Report (CAFR) for Fiscal Year
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1999-2000. 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.
Presentation from Steve Custer' s students re aroundwater Dossibilities
Steve Custer presented an overview of the students' findings and distributed a report entitled
"Groundwater Potential in the West Gallatin Aquifer for a Public Water Supply in the City of Bozeman".
The URS Greiner report suggested Belgrade and the Gallatin Gateway area were good areas to
investigate for a water supply. This study focused on the Gallatin Gateway area because Belgrade has
a tremendous amount of development, there are concerns of possible groundwater contamination, and
the water flow is downhill from the Gateway area.
Mr. Custer noted the West Gallatin River has a fairly high production capacity. There are clusters
of 50-100 and 100-200 gallons per minute per foot wells in the Gateway area. Therefore, with this high
potential. further action is warranted to investigate both the Four Corners and Gallatin Gateway areas.
Mr. Custer recommended the undeveloped property in the Gateway area should be considered for
purchase to secure the water rights before they are lost.
Commissioner Frost asked if there was a similar pattern in the East Gallatin River area. Mr.
Custer replied the East Gallatin River does not behave this same way and is not anywhere near as
promising.
ConeeDt Dlan review - DrODosed WalMart eXDansion
. Included in the Commissioners' packets was a memo from Senior Planner Skelton, dated
December 13, forwarding a copy of the concept plan for the proposed expansion of the WalMart store.
Senior Planner Skelton stated CLC Associates, Inc. requested this informal review before the
Commission for comment and advice on the proposed WalMart SuperCenter expansion prior to
submitting a formal application for major site plan review of this project. It should be noted, however,
the applicants' representatives have elected not to respond to any of staff's preliminary comments.
Steve Wilson, CLC Associates, Inc., stated the BAE study is complete and the final draft should
be available in the next few days, and the annexation is close to completion. Therefore, they would
now like to get direction from the Commission as to how this project can move forward.
Mr. Wilson reminded the Commissioners this expansion is to add a grocery
component. In the development of this plan, they have vacated Baxter Street and West Fifth Avenue
and maintained the entryway corridors. Also included is a pedestrian access-
way off of Oak Street.
Ted Schwink, Raymond Harris and Associates Architects, stated the grocery service will be
located inside the existing store and the general merchandise area will be housed in the expansion,
which will be mainly to the south. The SuperCenter will have two entrances, rather than the current
one, and a third entrance will be located in the garden center area. The exterior will remain the same;
they want to retain the existing color and material pallette.
. Mr. Wilson stated they are interested in Commissioner feedback on the eight items suggested
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by Senior Planner Skelton; those being ,) landscape within the interior parking lot, perimeter of the
. building, and streetscape; 2) architectural treatment; 3) siting and orientation of the building addition;
4) floor area/parking ratio, 5) public plaza; 6) signage; 7) streetscape lighting, and 8) relationship of the
building/parking to North 7 Avenue and West Oak Street.
Mr. Wilson informed the Commissioners they intend to retain the current 30 percent open space
and anticipate the parking ratios to be 5.' spaces per ',000 square feet.
Mayor Youngman announced to those in attendance that this is not a public hearing; therefore,
any questions or comments should be written down and passed forward for submittal to staff and the
applicants' representatives.
Commissioner Frost asked Mr. Wilson why they hadn't responded to staff's comments and
requests. Mr. Wilson responded they have gone through several gyrations of this design and felt that
since this is the body who is going to approve this project, they wanted to get the Commissioners' input
before more changes were made.
Mayor Youngman asked if there had been any changes made since the original design, to which
Mr. Wilson replied there have been a considerable number of minor changes.
Commissioner Frost commented that nothing has allayed his fears that this is simply a huge, out-
of-scale, linear building on the entryway corridor; and the only way this project can work for him is if
it incorporates smart growth issues such as mixed use on site and housing on the second floor. This
building needs to broken up and its relationship to Oak Street needs to be addressed, as well as
relocating the open space from around the perimeter where people won't go anyway.
. Mayor Youngman stated she shares Commissioner Frost's concerns, adding the parking ratio can
be reduced somewhat since the same people will be shopping in the two different portions of the store.
The parking lot configuration needs to be modified because currently it "creates a sea of parking that
is a blight on the landscape". Also, future uses of this building need to be addressed because it is so
much larger than most other uses would demand; and huge, vacant buildings are totally unacceptable
in this town. Mayor Youngman said this design makes that even tougher to do, and she noted other
communities have requested design changes that will be more adaptable for future uses. Extending
the same design, only making it bigger isn't right; and she suggested they need to do more to the
architecture to make it an effective component of the urban landscape. Currently all four frontages look
hugely large, hugely blank, and hugely uninviting; they need to be made more interesting and inviting.
The Mayor .offered both the landscaping and the design are status quo; and she would expect
enhancements of both of those, which has been a part of the discussions from the beginning.
Mr. Wilson said he is confused about why size is an issue, reminding the Commissioners WalMart
is really creating a "mall" under one roof. Commissioner Frost responded it is the linear length; this a
low, long building. There are no pedestrian amenities, just a long box; and this design is not acceptable
for the City of Bozeman. Mayor Youngman added it needs more patterns, more angles. Malls aren't
being designed to be one long building; they are being integrated with the streetscape. The latest
designs around the country are being modeled after the look of small buildings.
Mr. Wilson questioned Commissioner Frost's suggestion to include housing above the store,
. asking how that would work at this location. He has seen that in mountain communities in Colorado
where the density is so high there isn't anywhere else for growth to occur, but that isn't the case in this
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area. If the Commission is trying to accomplish affordable housing, there are other solutions to that,
. suggested Mr. Wilson.
Commissioner Frost replied the concept is, indeed, affordable housing. WalMart doesn't pay a
livable wage, so it would be appropriate for them to give back for affordable housing. Mayor Youngman
added there is no land available that is affordable, and they are trying to increase density within the city
for easy access to services and work.
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Mayor Youngman then read questions submitted by the public. If Baxter Street and West Fifth
Street are eliminated, what is to be the entrance/exit street? Mr. Wilson replied Oak Street will be a
thoroughfare for customers; and deliveries will be made behind the store, off of Oak Street.
With the change in the street configuration, how does that affect water, sewer, and power? Mr.
Wilson stated those services have been looked at, and they don't see those as issues they can't design
around. Everyone, including staff, says there are adequate facilities there; and they can be made to
work.
By eliminating streets, has the increased traffic been considered? Mr. Wilson answered it has
been reviewed by the Department of Transpo'rtation and City staff, and they have been told Oak Street
is the more desirable egress/ingress area.
How have fire and other emergency responses been considered with the elimination of the
streets? Mr. Wilson responded Oak Street is the one to be used.
Why doesn't the expansion of WalMart constitute a disruptive component to adjacent properties?
. Mr. Wilson stated that is a subjective question, and they have not been told by those owners that this
is an undesirable impact for them.
How can you say this benefits Bozeman when it will take jobs away from other grocers. It will
not hurt the chain stores, but rather the local grocers who provide better jobs, employment practices,
and wages.
Commissioner Brown asked if it were possible to provide natural lighting inside the store with
skylights. Mr. Wilson answered that can be looked at in the redesign of the structure. Commissioner
Brown then questioned the kind of building lease WalMart usually has. Mr. Wilson stated they try to
enter into a long-term lease of 50 to 99 years because their investment in the facility is enormous, and
they aren't interested in relocating or they would have explored that earlier. He added they don't plan
or want this store to "go dark".
Commissioner Smiley said she would like to see more walking areas constructed around this
project to provide a better connection to the things around it.
Commissioner Kirchhoff noted there is a big chunk of important history that is being forgotten
here; the importance of the economic impact study. One of the outcomes of that study could be the
Commission could reject this project, so he feels it would be over-hasty to say anything today about this
plan. Commissioner Kirchhoff stated he is also troubled that the comments and suggestions of Planning
staff were ignored, and he gets the impression the applicant is trying to bully their way through this
. process.
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Mr. Wilson said this review has given him information to share with those he reports to, and he
. feels it was appropriate for them to come to the Commission to indicate they have heard what has been
said. They want to keep this project moving forward; and if the Commission ultimately says this isn't
what is wanted in Bozeman. they will have to evaluate that then.
Commissioner Brown informed Mr. Wilson the Commission could make better decisions if
WalMart was willing to share its data. The Commission doesn't have all the data it needs to make a
good decision on WalMart, and they could supply that information. By not being willing to share
information. the Commission will be making decisions based on circumstantial evidence. Mr. Wilson
replied they will just have to wait to see what the economic analysis report says when it arrives next
week.
Renewal of Beer. Wine and Liauor Licenses for Calendar Year 2001
This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year
2001. A total of 16 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 2001
APPLICANT BEER WINE LIQUOR
TOTAL
. Albertson's Food Center #2006
200 South 23rd Avenue $ 200 $ 200
$ $ 400
R&N Corporation
dba Bozeman Hotel
321 East Main Street
500 500
B.P.O.Elks #463
106 East Babcock Street
500 500
Grum's Deli
2111 North 7th Avenue 200 200
400
Grum's Gourmet Market
2107 North 7th Avenue 200 200
400
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Finch Foods. Inc.
dba Heeb's East Main Grocery
544 East Main Street 200 200
400
KG's Club
1332 East Main Street
500 500
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Kwik Way #32
. 401 East Peach Street 200 200 400
LaParrilla
1533 West Babcock Street 500 500
Little John's Bar
51 5 West Aspen Street 500 500
Osco Pharmacy #5238
1525 West Main Street 200 200 400
Rocking R Bar
211 East Main Street 500 500
PBM Specialties, Inc.
dba Ruppert's Tap House
2711 West College Street 200 200 400
Thriftway Super Stops # 10
919 West College Street 200 200 400
Thriftway Super Stops #11
621 West Main Street 200 200 400
. The Wok
319 North 7th Avenue 200 200 400
Total ~ 16 Applications $ 2,000 $ 2.000 $ 3,000
$ 7 ,000
The City Manager recommended that the Commission approve the applications as submitted.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 2001 for the
various establishments as listed above. 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.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
(1 ) Letter from Tim Mcinnis, 321 Meagher Avenue, dated December 10, voicing concern
about the lack of sidewalks in areas of the community, and a response from Engineering Assistant
Andrew Kerr, dated December 14.
. (2) Copy of the community charette for the Bozeman 2020 Plan, held on June 2-4, 2000.
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(3) Copy of a memo from the Montana League of Cities and Towns, dated December 11 ,
. forwarding information on what appear to be the most significant local government measures for the
upcoming legislative session.
(4) Copy of the minutes for the Montana Transportation Commission meeting held on
November 1 and the telephone meeting held on November 27, 2000.
(5) Memo from the Gallatin County Commission, dated December 11, announcing a public
meeting to discuss the "Big Bill", hosted by MACo, being held in Bozeman on December 15.
(6) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday,
December 19, at the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Tuesday, December 19, at the Professional Building.
(8) Agendas for the Zoning Commission meeting to be held at 7 :00 pm and the City Planning
Board meeting to be held at 7:30 pm on Tuesday, December 19, in the Commission Room.
(9) Press release from Senator Burns' office announcing the Senate has passed
the remaining federal funding bills, and they include his rural satellite television bill.
(10) Press release from Senator Burns' office announcing the Senate has passed
the final versions of the federal funding bills, which include nearly $15 million for a variety of Montana
projects.
. (11 ) Memo from Jennifer Williams, Planning Secretary, announcing there will be no
Development Review Committee meeting for December 26, as there are no new projects to review.
( 12) Memo from Jennifer Williams, Planning Secretary, announcing there will be no
Design Review Board meeting on December 26, as there are no new projects to review.
City Manager Johnson submitted the following FYI items: 1) He will be attending various
meetings this week. 2) He has met with the swim team parents regarding the Swim Center, and the City
will be trying some experiments with the air Quality through February to try to determine the causes of
the complaints. 3) There have been further discussions regarding the future of solid waste disposal and
some progress is being made. 4) He is still investigating what needs to be changed in the web site
contract, 5) He attended the Big Bill discussion, and there will be a lot of implications for Bozeman.
Assistant City Manager Brey offered the following FYI item: He is working on the smart-growth
ordinance in order to get it ready for January.
During her FYI, Mayor Youngman stated the inter-neighborhood council meeting was great, a lot
was accomplished, and the next meeting will be held on January 9th. 2) Interfaith housing is having a
meeting regarding a joint grant proposal at that same time.
Commissioner Brown noted his e-mail is not working during his FYI.
. Commissioner Frost, during his FYI, stated he is off-line as well.
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. Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize City Manaaer to sian - Amendment No. 1 to Aareement for Appraisal
Services for West Babcock Street oroiect - between City and AARM Grouo
Ratifv City Manaaer's sianature - Aareement for 2000 Air Oualitv Eauioment -
between Montana Deoartment of Transoortation and the City of Bozeman (MACI
funds)
Authorize Mavor to sian - Findinas of Fact and Order for South Meadows Minor
Subdivision (subdivide 97.69 acres described as remainina oortion of Graf's
Fourth Addition. located in the SW%. Section 1 9. T2S. R6E. MPM. into four lots
for sinale-familv residential development) (north of Sundance Sprinas Subdivi~ion
and south of Sorina Meadows Subdivision) (P-0015)
Authorize Mayor to sian - CTEP Participation Form - for FFY2001 CTEP oroaram
Authorize Mavor to sian - Aareements between the State of Montana Department
of Transoortation and the City of Bozeman for the Historic School Rehabd
Bozeman CTEP proiect (STPE 1 299r 1 1 1)
Authorize Mavor to sian - Aareements between the State of Montana Department
. of Transportation and the City of Bozeman for the Bicycle Infrastructure--
Bozeman CTEP oroiect (STPE 1 299r1 21)
Authorize Mavor to sian - Ameements between the State of Montana Department
of Transportation and the City of Bozeman for the 2000 Landscapina--Bozeman
CTEP proiect (STPE 1299[13])
Authorize City Manaaer to sian - Aareement with Montana Fish. Wildlife & Parks
- for Land and Water Conservation Fund arant for purchase of 10.02 acres of
parkland in southeast corner of Sundance Sprinas Subdivision; continaent upon
receiPt of executed COpy
Approval of final plat for West Babcock Manufactured Home Court (subdivide
20.1542 acres located in the SW%. Section 11. T2S. R5E. MPM. into 92
manufactured home spaces) (south side of 2700 block of West Babcock Street)
(P-9723)
Authorize City Manaaer to sian - Sewer and Water Pioeline and Access Easement
and Aareement - Garv L. Cook. Gene E. Cook. and 4K Partnership (within the
West Babcock Street Manufactured Home Court)
Authorize City Manaaer to sian ~ Public Street Easement - Garv L. Cook. Gene E.
. Cook. and 4K Partnership - 45.0-foot strip for West Babcock Street adiacent to
the West Babcock Street Manufactured Home Court
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Authorize City Manaaer to sian - Public Street Easement - Garv L. Cook. Gene E.
. Cook. and 4K PartnershiD - for streets within the West Babcock Street
Manufactured Home Court
Authorize City Manaaer to sign -
Annexation Aareement between City and
Bozeman Deaconess Health Services - Deaconess Farmstead (419.579 acres
aenerallv bounded bv Ellis Road. Haaaertv Lane. Bozeman Trail Road. Kaav
Boulevard. Hiahland Boulevard and New Hvalite View Subdivision)
Commission Resolution No. 3421 - annexina 41 9.579 acres aenerallv bounded
bv Ellis Road. Haaaertv Lane. Bozeman Trail Road. Kaav Boulevard. Hiahland
Boulevard and New Hvalite View Subdivision
COMMISSION RESOLUTION NO. 3421
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA.
EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE
WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TRACT OF LAND
CONTIGUOUS TO SAID CITY. TO BE KNOWN AS THE DEACONESS FARMSTEAD
ANNEXATION (AND FORMERLY REFERRED TO AS THE FARMSTEAD/BOZEMAN
DEACON NESS ANNEXATION REOUEST) AND
HEREIN MORE PARTICUlARl Y
DESCRIBED.
Claims
. It was moved by Commissioner Kirchhoff, 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 Kirchhoff, Commissioner Brown, Commissioner Frost. Commissioner Smiley,
and Mayor Youngman; those voting No, none.
Recess - 4:49 Dm
Mayor Youngman declared a recess at 4:49 pm, to reconvene at 7:00 pm. for the purpose of
conducting the scheduled public hearings.
Reconvene - 7 :00 Dm
Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the
scheduled public hearings.
Public hearina - budaet amendments for Fiscal Year 1999-2000 budaet
This was the time and place set for the public hearing on budget amendments for the Fiscal Year
1999-2000 budget.
Mayor Youngman opened the public hearing.
. Per Administrative Services Director Gamradt's memo, these budget amendments are necessary
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to prevent actual expenditures from exceeding the appropriated categories.
. Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the budget
amendments for the Fiscal Year 1999-2000 budget"be approved as listed in the Administrative Service
Director's memo dated November 21, 2000. 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 hearina . Commission Resolution No. 3416 - intent to create SID No. 669 (for liahtina and
sidewalk imDrovements alona Main Street in core business area)
This was the time and place set for the public hearing on the intent to create Special
Improvement District No. 669, as established by Commission Resolution No. 3416. entitled:
COMMISSION RESOLUTION NO. 3416
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 669; 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.
. Included in the Commissioners' packets was a letter of protest from Francis Vargo, dated
Dec.ember 7, 2000.
Mayor Youngman opened the public hearing.
Mr. Bert Hopeman, 237 East Main Street, presented a brief history and an overview of the intent
of this resolution. There were numerous supporters of this resolution in the audience, as evidenced by
a show of hands. It has been 8 years since a committee was initially formed to economically strengthen
the downtown.
.
Mr. Hopeman pointed to safety concerns as the primary reason for these needed improvements.
The downtown sidewalks are unsafe and unattractive; vaults underneath them are causing the walks
to cave in. The streetlights have been condemned because two of them have fallen down. and the trees
are dying because of poor irrigation. Mr. Hopeman noted it has been projected the downtown will get
a 5 percent sustained bump in sales from these improvements. He recognized disruption is a major
concern for everyone, and the reason why Stahley Engineering was chosen to do the work. They have
done similar projects and have proven to keep disruption to a minimum. Mr. Hopeman stated
construction will begin early in the spring and will be done on a block.by-block basis, with construction
taking 3 to 5 weeks per block. The area adjacent to the buildings will be completed first, and parking
will be restricted during that block's construction. A wooden walkway will be provided for pedestrians.
. Mr. Hopeman stated for safety reasons alone this SID and its disruption will. have to occur
sometime soon, and it is better to do a complete project rather than piecemeal repairs. He also thanked
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Commissioner Frost, who was an original committee member, and was instrumental in getting this effort
. going.
Kathy Rinker, 616 West Story and Bozeman School District Board of Trustees representative,
said the Board voted unanimously to support this. This SID is the next step to preserving the heart of
Bozeman - it's downtown.
Jon Gerster, 719 North Wallace, said while he doesn't own a downtown business, his business
is linked to the downtown because they are an historic property as well. tie sends his guests downtown
because the atmosphere can't be replicated anywhere else in town. Mr. Gerster noted the state plans
to resurface Main Street and asked if these improvements could be coordinated with that resurfacing
effort, or if the state could delay that project for several years to avoid creating further economic
hardship for these downtown businesses.
Steve Schnee, 121 West Main Street, said the business owners are sensitive to the fact Main
Street will be resurfaced, with a target year of 2003. The Montana Department of Transportation
assured the downtown property owners that work will be done at night. Mr. Schnee also pointed out
the Montana Department of Transportation is going to upgrade the traffic signal lights and will cover
those expenses. These traffic lights will be coordinated with the historic streetlights.
Chris Nixon, 719 North Wallace, said he hadn't seen a viable Main Street for years before coming
to Bozeman, and that is one of the reasons why he chose to live in this town. He pointed out that it
won't matter how much the downtown is spruced up, if their doors aren't open. In order for these
businesses to compete with big business, the doors on Main Street must ~e open in the evenings.
. Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
authorize and direct staff to bring back a resolution creating Special Improvement District No. 669. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mflyor Youngman. Those
voting No, none.
Public hearing - Conditional Use Permit - Ten Aces. Inc. - allow sale of beer and wine in conjunction with
restaurant located on Tract B. COS 391A - ADDie Tree Restaurant. 712 Wheat Drive (Z-00155)
This was the time and place set for the public hearing on the Conditional Use Permit requested
by Ten Aces, Inc., under Application No. Z-00155, to allow the sale of beer and wine in conjunction
with the, restaurant located on Tract B, Certificate of Survey No. 391 A. The ,subject restaurant is the
Apple Tree Restaurant, located at 712 Wheat Drive.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report, stating these are standard conditions,
with the requirement for a fire sprinkler system being added by the Fire Marshall. Staff recommends
approval and the Development Review Committee ,finds the application complies with the Bozeman
Zoning Ordinance and Bozeman Area Master Plan Update.
. Tom Huber, 92 Centennial Trail and applicant, said he is agreeable to all conditions.
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. Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional
Use Permit requested by Ten Aces, Inc., under Application No. Z-00155, to allow the sale of beer and
wine in conjunction with the restaurant located on Tract B, Certificate of Survey No. 391 A, be approved
subject to the following conditions:
1. The applicant shall obtain a City of Bozeman liquor license and provide the
Planning Office with a copy of the license, prior to final site plan approval.
2. A copy of the State Revenue Department On-Premise Restaurant Beer and Wine
License to serve beer and wine at the restaurant at 71 2 Wheat Drive shall be
submitted to the Planning Office prior to final site plan approval. Furthermore,
any expansion, modification, or enlargement in the scope of the on-premise
restaurant beer and wine license or its use, as established as of the date of
issuance of the license, will require another authorized Conditional Use Permit.
3. The Uniform Building Code requires that establishments exceeding 5,000 square
feet that serve alcohol be protected by an approved automatic fire sprinkler
system. The owner has indicated that the Apple Tree building presently exceeds
5,000 square feet in area. Should the Apple Tree Restaurant wish to serve
alcoholic beverages on site, they must comply with one of the following: a)
Divide the existing square footage into two or more areas each less than 5,000
square feet, using approved fire rated construction; or b) Install an approved
. automatic fire sprinkler system meeting the requirements of NFPA 13.
4. The right to a Conditional Use Permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the Conditional Use Permit
procedure. All of the special conditions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns,
and shall be recorded as such with the Gallatin County Clerk and Recorder's
Office by the property owner prior to the commencement of use.
5. The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of 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 12
months; however, all on-site improvements shall be completed by the applicant
within 9 months of final site plan approval.
.
6. Seven (7) copies of the final site plan containing all of the conditions, corrections,
and modifications approved by the City Commission shall be submitted for review
and approval by the Planning Director within 6 months of the date of approval.
7. Per Section 18.50.035.A "Glare & Lighting", all existing globe-style lighting
. standards used to illuminate off-street parking areas shall be replaced with lights
that are arranged so as to deflect light down and away from adjoining properties
12-18-2000
- 13 -
and adjacent streets.
. 8. One additional disabled accessible space shall be provided at a width of 8 feet
with an aisl,e 8 feet wide, located as near as practical to a primary entrance and
shall be signed "van accessible," per Section 18.50.11 0.F.3 "Disabled Accessible
Parking Spaces".
9. Additional landscaping shall be provided within the Class I, Interstate 90
entryway corridor setback as outlined in Section 18.43.060.C "Parking, Building
and Landscape Standards." The parking lot shall be buffered with landscaping
at a minimum average density of one tree and five evergreen shrubs per 50 linear
feet on parking lot frontage and meets the intent of Section 18.49.060.C.2.a
"Parking Lot Screening Required" and guideline A.2. of the Interstate 90 corridor
criteria outlined in the design objectives plan.
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.
Exemption from subdivision review - allow aaareaation of three Darcels into two Darcels; realianment
of boundary between Tract 1 and Tract 2, Certificate of Survey No. (located at northeast corner of
intersection of Griffin Drive and Bridger Drive)
This was the time and place set for review of Exemption Application E-OO 12, as requested by
Carroll and Vera Henderson and Richard Lee Carter, et aI., an exemption from subdivision review for the
. relocation of common boundary line within C.O.S. 110 and Tract A of C.O.S. 724 and Tract 25A of
C.O.S. 1471 and realignment of the boundary between Tract 1 and Tract 2, Certificate of Survey No.
_, located at the northeast corner of the intersection of Griffin Drive and Bridger Drive.
Planning Director Epple presented an overview of this application, stating the owners wish to
aggregate three parcels into two parcels and realign the boundary between the two tracts to enlarge
one of the lots to make it more suitable for building. Upon Planning Department and Director of Public
Service review and concurrence, staff recommends approval of this exemption. Mr. Henderson will gift
Tract 1 to the Boys & Girls Club of Bozeman to allow them to build a new facility. Mr. Epple pointed
out staff hasn't reviewed all the deed transfer documents, but a quick review looks like all are in order.
Commission action tonight is to approve this exemption.
Paul Cook, 1011 East Missoula Avenue, Belgrade, and surveyor, stated Mr. Henderson is trying
to accomplish this for the benefit of the youth of Bozeman. He noted he was in attendance to answer
any questions the Commission might have.
Carroll Henderson, 2140 Chambers Drive, said the Boys & Girls Club is an important thing in this
community, and they need land. They will be applying for a national grant, and owning a piece of
property is a requirement of that grant. This grant application must be made by the end of this year for
the following year; therefore, this transaction must be completed by the end of the year. Mr. Henderson
noted they must have the deed by the first of the year, but they cannot get the deed until the
realignment has been completed. He then thanked staff for their graciousness and help in processing
. this application so quickly.
12-18-2000
- 14 -
Jean Booker, 1406 West Durston Road, said they have been working for many years to establish
. a place for children. This is a perfect spot to build a new Boys and Girls Club because there are three
trailer parks in that area; 688 people residing within a 1-mile radius, and over 200 of them are children
residing in households below the poverty level. She closed by saying the generosity of the Hendersons
is absolutely .overwhelming.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to direct Planning
staff"to complete its report and ensure compliance with all other requirements of Chapter 16.28; and
contingent on such compliance, authorize the Director of Public Service to so certify in a printed
certificate on the Certificate of Survey. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner
Smiley, and Mayor Youngman. Those voting No, none.
Commissioner reeorts re attendance at National leaaue of Cities Conaress of Cities held in Boston on
December 6-9, 2000
Each of the Commissioners presented a brief overview of the highlights and remarkable ideas
they gleaned from the sessions they attended while at the National League of Cities Congress of Cities.
This information was submitted and summarized in an executive summary prepared by Mayor Youngman
and then distributed. Each of the Commissioners will submit the information gat.hered to the Clerk of
the Commission's office for easy reference for anyone who might be interested in reviewing it.
Adjournment - 8:46 em
There being no further business to come before the Commission at this time, it was moved by
. Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. 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.
~~Yo~-~-
ATTEST: ~
~J.~
ROBIN L. SULLIVAN
Clerk of the Commission
-.
. ,
PREPARED BY:
~Cl..u--. ~;A~ l 0 A.J.
,
KAREN L. DeLA THOWER
Deputy Clerk of the Commission
.
12-18-2000