HomeMy WebLinkAbout1999-12-06 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 6, 1999
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, December 6, 1999, at 7:00 p.m. Present were Mayor
Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner
Kirchhoff, City Manager Johnson, City Attorney Luwe and Clerk of the Commission 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 - July 6. July 19. August 2. Auaust 16. SeDtember 7. SeDtember 20. November 15,
November 22 and November 29. 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of July 6, July 19, November 15, November 22 and November 29,
1999, be approved as submitted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost,
Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of August 2, August
. 16, September 7 and September 20, 1999, to a later date.
Public hearina - COA with deviations from Sections 18.18.050 and 18.50.060.C.. Bozeman
MuniciDal Code. to allow new front Dorch/deck to encroach 6 feet into reauired 25-foot front
yard setback and 6 inches into reauired 15-foot corner side yard setback on Lots 1 and 2. Block
37. West Park Addition - Chris Nauman and Laura Rvan. 603 South 10th Avenue (Z-99125)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Chris Nauman and Laura Ryan under Application No.
Z-99125, with deviations from Sections 18.18.050 and 18.50.060.C. of the Bozeman
Municipal Code to allow a new porch/deck to encroach 6 feet into the required 25-foot front
yard setback and 6 inches into the required 15-foot corner side yard setback on Lots 1 and 2,
Block 37, West Park Addition. The subject property is more commonly known as 603 South
10th Avenue.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated the
applicants are proposing the construction of a 7-foot by 16-foot front porch and deck and a
new entrance door. He noted that the new porch is to encroach 6 feet into the required 25-
. foot front yard setback, which is no greater than the encroachment of the existing stoop, and
is to encroach 6 inches into the required 15-foot corner side yard setback, which staff feels is
minimal. He stated that there are porches on many of the houses in the neighborhood, and
staff finds that this application will result in an improvement to the character of this house.
He concluded by forwarding staff's recommendation for approval subject to the two boilerplate
conditions.
Mr. Chris Nauman, applicant, stated his concurrence with the staff presentation and
indicated a willingness to respond to questions.
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Mr. John Shepard, 522 South 10th Avenue, stated that he has reviewed the plans for
the proposed new porch and supports the application.
Ms. Donna Kostelecky, 521 South 10th Avenue, stated her support for this application.
No one was present to speak in opposition to the requested deviations.
. Since there were no Commissioner objections, Mayor Youngman closed the pUblic
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness, as requested by Chris Nauman and
Laura Ryan under Application No. Z-99125, with deviations from Sections 18.18.050 and
18.50.060.C. of the Bozeman Municipal Code to allow a new porch/deck to encroach 6 feet
into the required 25-foot front yard setback and 6 inches into the required 15-foot corner side
yard setback on Lots 1 and 2, Block 37, West Park Addition, subject to the following
conditions:
1. Applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor
Youngman; those voting No, none.
Public hearina - oreliminary olat for Lewis and Clark Subdivision - State of Montana Deoartment
of Natural Resources and Conservation - subdivide 33.415 acres located in the SW% and
NW%. Section 36. T1 S. R6E. MPM. into 8 industrial lots (alona north side of Baxter Lane. east
of Simmental Way) (P-9933)
This was the time and place set for the public hearing on the preliminary plat for Lewis
and Clark Subdivision, as requested by the State of Montana Department of Natural Resources
and Conservation under Application No. P-9933, under which 33.415 acres located in the
Southwest one-quarter and the Northwest one-quarter of Section 36, Township 1 South, Range
6 East, Montana Principal Meridian, is to be subdivided into eight industrial lots. The subject
property is more commonly located along the north side of Baxter Lane and east of Simmental
Way.
Mayor Youngman opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She stated the subject 33-
acre parcel, which is to be subdivided into eight lots under this preliminary plat, has been
. preliminarily approved for annexation and for rezoning to "M-1", Light Manufacturing.
The Assistant Planner stated that the City Planning Board reviewed this application at
its November 16 meeting and, following that review, forwarded a recommendation for
approval, subject to several revisions to the conditions recommended by staff. She noted that,
subsequently, at the direction of the Board, Planning staff has met with Engineering staff and
legal staff to develop additional language changes to the conditions; and those conditions have
been forwarded in a memo dated November 17. She characterized a majority of the conditions
as pertaining to infrastructure improvements and the timing for issuance of building permits
within the subdivision.
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Responding to questions from Commissioner Frost, the Assistant Planner stated that the
reference at the beginning of the December 1 memo should be to Condition No. 22 rather than
to Condition No. 21.
Responding to Commissioner Rudberg, Assistant Planner Berger stated that, several
years ago, the Montana Department of Transportation identified the need for a pork chop on
North 7th Avenue to prohibit left turns from Baxter Lane onto North 7th Avenue. She indicated
. that the MDoT recognizes the level of service at this intersection has been below 'C' for quite
some time, and that the Department has control over when the pork chop will be installed. She
noted that, at one point in time, the installation of a traffic signal at the intersection of North
7th Avenue and Baxter Lane was considered; however, the intersection is now too close to the
off-ramp, which has since been signalized.
Mr. Bob Harrington, Special Uses Manager for the central office of the Montana
Department of Natural Resources and Conservation in Helena, distributed copies of several
requested changes to the recommended conditions of approval. He noted that the DNRC is
responsible for the management of 5 % million acres of school lands throughout the state, and
they manage those lands in a variety of manners, with revenues being generated for the school
trust. He stated that in this instance, the DNRC is seeking to convert the use of the subject
property from agriculture to commercial use; and they are proposing long-term leases rather
than sale of the lots being created under this plat.
Mr. Harrington stated that, because they do not have a funding mechanism for
construction of infrastructure and off-site improvements, they are wholly dependent on the
lessees to pay for the construction of those improvements; and that is their motivation for
seeking the requested changes to the conditions of approval. He noted that the first lease of
Lot 1, Block 1, will cover the costs of getting the subdivision started; and they are currently
very near the upper limit of what can be allocated against that lease without jeopardizing it.
. Mr. Harrington characterized the changes proposed in the sheet just distributed as being
very similar to the changes proposed before the Planning Board. He reviewed each of the
proposed changes, starting with Condition No.1 O. He recognized that this project is being
caught in the draught from previous projects, particularly since the installation of the traffic
signal at the intersection of North 19th Avenue and Baxter Lane is not yet complete. He
proposed that the condition be revised to allow the issuance of one building permit after the
contract for the traffic signal has been awarded and construction on the signal has begun,
recognizing that the building could not be occupied until after the signal is operational. He
indicated that City Engineer and Rob Buckvich, Montana Department of Transportation, have
indicated this proposal would be acceptable. He then turned his attention to Condition No. 11
which, as written, requires the stormwater pond for the subdivision be located in open space
rather than on the northern end of a lot, as proposed. He requested that the stormwater pond
be allowed in an easement on an individual lot, rather than in common open space, particularly
since this is a commercial subdivision. He noted that, if the City requires the stormwater pond
on open space, he will need to go back to the State Land Board for its approval. He then
indicated that other communities allow the pond on a private lot, citing Kalispell as an example.
Under Condition No. 17, he asked that the applicant's costs of installing improvements at the
intersection of North 7th Avenue and Baxter Lane be recognized and compensated, either
through credits against future SIDs for improvements to Baxter Lane or through a payback
agreement of some type. He noted that the modifications he has proposed include two
different options for wording. He also requested that under Condition No. 20, the applicant be
. allowed to financially guarantee the installation of sidewalks, indicating a willingness to accept
a two- or three-year term on that agreement if the Commission feels that would be more
appropriate than the four-year term allowed for an improvements agreement. He noted that
the sidewalk along the north side of Baxter Lane dead ends at the east end, since it runs into
the interstate right-of-way and questioned the demand for that portion of the sidewalk. He
expressed concern about the timing of installation of the sidewalks, particularly since Baxter
Lane needs to be upgraded.
Responding to Commissioner Rudberg, the City Manager stated that the traffic signal
at the intersection of North 19th Avenue and Baxter Lane is scheduled for bidding in January
and installation in early spring.
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Mr. Steve Kelly, speaking on behalf of the Montana EcoSystems Defense Council, stated
he has only recently been able to review the environmental assessment prepared by an
engineering firm for the Department of Natural Resources and Conservation. He expressed
concern about piecemealing this process, suggesting that the environmental assessment should
be dealt with in detail by the DNRC before the Commission acts on this preliminary plat.
Mr. Kelly characterized this plat as a request for change in use, and this application
. provides only one alternative for consideration, rather than a number of reasonable alternatives
from which to choose. He stated the school land has been designated since statehood and
questioned why the process should now be hurried.
Mr. Kelly also raised a question about the cumulative effects, particularly pertaining to
traffic. He concluded by encouraging the Commission to delay action and provide an
opportunity to address alternatives and provide for public participation.
Responding to Commissioner Rudberg, Assistant Planner Berger stated that Mr. Rob
Buckvich has indicated the Montana Department of Transportation has no feeling about the
timing of the issuance of building permits and the traffic signal improvements; rather, that is
a Commission decision. She noted that City Engineer Brawner's concerns are addressed in the
December 1 memo, which was included in the Commissioners' packets. She then reminded
the Commission that the subject property has been designated as commercial for many years
and is not viewed as prime agricultural land .
In response to Commission discussion about the two proposals for language changes to
Condition No. 17, Assistant Planner Berger noted that staff has recommended the standard
language for waivers of right to protest the creation of SIDs. She noted that a payback could
be considered either in the conditions or when an SID is created.
Responding to questions from Commissioner Frost, the Assistant Planner stated that
. sidewalks have been required along the south side of Baxter Lane adjacent to the Chamber of
Commerce and the Hampton Inn, but there are no sidewalks along the remainder of that side
of the street and are not anticipated until development occurs. She then indicated that one of
the conditions of approval for the Hampton Inn was that they be responsible for 10 percent of
the costs of improvements to the intersection of North 7th Avenue and Baxter Lane if those
improvements are installed within a reasonable period of time.
Commissioner Smiley noted that many people in the motel area walk to restaurants or
to do shopping, and it is imperative to provide a safer place for them to walk.
Commissioner Frost noted the Commission can order in sidewalks at any time, and the
City has accepted financial guarantees in the past.
Assistant Planner Berger reminded the Commission that the installation of sidewalks prior
to final plat approval has been required for the StoneRidge Subdivision and Bridger Peaks
Subdivision, which are located along North 19th Avenue.
Responding to Commissioner Rudberg, City Attorney Luwe cautioned against both
proposed modifications to Condition No. 17, stating that either of them would result in this
applicant being treated differently from others required to sign waivers of right to protest the
creation of SIDs. He suggested, rather, that the Commission approve this application with the
. standard language for waivers.
Mr. Harrington stated they don't want to be treated differently; they simply want to be
compensated for expenses over and above the impacts associated with their subdivision.
Responding to Mayor Youngman, Mr. Harrington stated they had sought credits from
impact fees for the intersection improvements but were informed the intersection is not on the
priority list. He also noted that the current litigation on impact fees is having a negative effect
on pursuing credits.
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Assistant Planner Berger stated that the intersection improvements are not capacity;
rather, they bring the level of service at the intersection up to an appropriate level.
Responding to MayorYoungman, City Attorney Luwe stated that under the modifications
proposed by the applicant, construction traffic would be allowed prior to the installation of the
traffic signal at the intersection of North 19th Avenue and Baxter Lane. He then cautioned that
the more infrastructure and building is allowed, the more pressure will be added if the traffic
. signal is not operational by the time the building is ready for occupancy. .
In response to Mayor Youngman, Assistant Planner Therese Berger stated that under
current policy, stormwater ponds are to be located in common open space, to ensure the ponds
are preserved and protected. She cautioned that if a stormwater pond is located on a private
lot, a future owner may fill it in or otherwise impact its effectiveness.
Mayor Youngman recognized that approval of the requested change to Condition no. 11
would result in changing policy on the fly.
Responding to Commissioner Rudberg, the Assistant Planner stated that staff just
received the proposed modifications tonight. At first glance, she characterized the
modifications as being essentially the same as previous proposals.
Mr. Bob Harrington stated that State Lands acquired the subject property from the
Mandeville family in the 1940s or 1950s. He characterized this subdivision process as being
totally different from the environmental assessment process to which Mr. Kelly referred, stating
it is not appropriate to go through that process prior to Commission approval of the preliminary
plat. He indicated that allowing the issuance of a building permit at the time the contract is
awarded for the traffic signal at North 19th Avenue and Baxter Lane will allow for more of the
building construction to take place during the summer months, rather than causing most of the
building to take place in the winter. He concluded by encouraging the Commission to recognize
. the sidewalk will dead end at the east end of this property, since it abuts the interstate right-of-
way.
Responding to City Manager Johnson, Mr. Jerry Gaston, consulting engineer for the
applicant, stated he is not sure what is meant by a "fully operational" signal.
City Manager Johnson noted that the traffic signal for the intersection of North 19th
Avenue and Baxter Lane is to be bid in January; however, the geometric and road
improvements at that intersection have not yet been completed. He also cautioned that there
is the potential of delays between the opening of bids, award of the bid and the beginning of
construction.
Commissioner Frost stated that, if any development is to be allowed prior to the
installation of the signal, it is important that the condition clearly state what is expected.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
At the Mayor's request, the Commissioners reviewed the proposed modifications, as
submitted by the applicant. As a result of discussion, the Commissioners indicated a
willingness to accept the proposed modification, with a change in wording from "upon award
of the contract" to "after award of the contract".
. During discussion of the proposed modifications to Condition No. 11, Mr. Gaston stated
the recent difficulties with addressing drainage from the GranTree lot onto Mr. Tange's property
resulted from the paving of the entire lot. He then cited several instances in which stormwater
ponds have been allowed on individual lots, including the Advanced Technology Park, WalMart,
Costco, the Main Mall and the Evergreen Business Park.
Responding to questions from the Commission, Assistant Planner Therese Berger stated
that the completed application was received on November 2; and the City has sixty days to
process the application and make a decision.
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The Commissioners turned their attention to Condition No. 17, concurring that the
standard condition pertaining to waivers should remain in place. On Condition No. 20, the
Commissioners concurred with the modification proposed by the applicant.
In light of the issues raised over the stormwater pond and in light of the unanswered
questions that remain, the Commissioners concurred that action on this item should be delayed,
and determined that it should be considered at a special session during next week's meeting.
. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the
Commission table the decision on this preliminary plat to the December 13 meeting. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman;
those voting No, none.
Public hearing - Ordinance No. - interim emeraencv zonina ordinance to amend
membership reauirements for Desian Review Board
This was the time and place set for the public hearing on Ordinance No. , as
approved by the City Attorney, entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA. AMENDING ORDINANCE NO. 1500. THE INTERIM MUNICIPAL
ZONING ORDINANCE. BY REVISING SECTION 18.51.010.C. OF EXHIBIT "A";
PROVIDING FOR EXPANSION OF RESIDENCY REQUIREMENTS
FOR
NONPROFESSIONAL MEMBERS OF THE DESIGN REVIEW BOARD.
. Mayor Youngman opened the public hearing.
City Manager Johnson reminded the Commission that under this proposed ordinance,
the residency requirements for the non-professional members on the Design Review Board are
to be amended, to allow non-residents to serve in that capacity if no city residents have
applied. He indicated that, in light of concerns raised during last week's meeting, the City
Attorney has provided alternate language in a memo dated December 2.
No one was present to speak in support of or in opposition to the proposed ordinance.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that
Ordinance No. 1505, the interim emergency zoning ordinance amending the membership
requirements for the Design Review Board, be adopted as revised to reflect the language in the
City Attorney's memo dated December 2. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
ADDointments to Design Review Board
. Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, dated December 2, 1999, forwarding the list of applicants for both this agenda item
and the next agenda item.
City Manager Johnson stated that Ed McCrone has verbally indicated his interest in
continuing to serve on the Design Review Board.
Mayor Youngman suggested that Melvin Howe be moved from a professional to a non-
professional position, and that Bill Hanson be appointed to serve as a professional on the board.
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It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ed
McCrone be reappointed as a non-professional member on the Design Review Board, with a
term to expire on June 30, 2000; that Melvin Howe be moved from an architect position to a
non-professional position, with a term to expire on June 30, 2001; and that Bill Hanson be
appointed to replace Melvin Howe as an architect on the Design Review Board, with a term to
expire on June 30, 2001. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner
. Kirchhoff and Mayor Youngman; those voting No. none.
Aooointment to Fire Board of Aooeals
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Bayliss
Ward be appointed to the Fire Board of Appeals, with an initial term to expire on December 31,
2002. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley
and Mayor Youngman; those voting No, none.
Aooeal of tree valuation and assessment for its removal - Alan and Emilv Hooker. 1102 South
Third Avenue
Included in the Commissioners' packet was a memo from Superintendent of Facilities
and Lands James Goehrung, dated November 8, 1999, forwarding the appeal from Alan and
Emily Hooker, dated September 10, and a copy of the Tree Advisory Board minutes from
October 21, at which the Board recommended approval of the requested reduction in valuation
from $638.00. to $63.00.
Superintendent of Facilities and Lands Goehrung noted that copies of the minutes from
. the July 6, 1999, Commission meeting, at which the applicants' new garage was approved,
were also forwarded for the Commission's review. He stated that the applicants paid the
$638.00 at the issuance of the building permit, and the tree has now been removed. He noted
that Commission action is required to modify the valuation, as requested by the applicants, and
authorize refund of the difference.
Responding to Commissioner Kirchhoff, Superintendent
Goehrung stated the
recommendation to reduce the assessment was based on the applicant's request and is close
to the cost share price of a tree.
Responding to Mayor Youngman, the Superintendent stated the City Forestor sets the
value of a tree based on several objective criteria, including its caliper size, condition and
species; and that valuation does not take into consideration the surrounding trees.
Mayor Youngman noted that the estimated value of the tree was included in the
conditions for approval of the garage. She recognized that, at that time, the applicant intended
to move the tree; and suggested that that would have been a good time to address concern
about the valuation of the tree, rather than appealing it at this point.
Commissioner Frost stated the community has been very supportive of planting street
trees. He noted that, in this instance, the applicant planted five trees several years ago and
now needs to remove one for improvement to the site. He indicated his support for the
. requested reduction in assessment, particularly since the proposed fee is consistent with the
cost share program.
It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the
Commission approve reduction of the assessment for removal of the Mountain Ash tree at
1102 South Third Avenue from $638.00 to $63.00 as requested by Alan and Emily Hooker.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg and Mayor
Youngman; those voting No, none.
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Ordinance No. 1504 - fixina the salaries of the City Manaaer and Clerk of the Commission for
Fiscal Year 1999-2000
Included in the Commissioners' packets was a copy of Ordinance No. 1504, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1504
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY OF THE EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that
Ordinance No. 1504, setting the salaries of the City Manager and Clerk of the Commission for
Fiscal Year 1999-2000, be provisionally adopted and that it be brought back in two weeks for
final adoption. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost
and Mayor Youngman; those voting No, none.
ADDlications for renewal of Beer. Wine and Liauor Licenses for Calendar Year 2000
This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar
Year 2000. A total of 65 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 2000
APPLICANT BEER WINE LIQUOR TOTAL
American Legion Club
225 East Main Street $ $ $ 500 $ 500
Anaconda Molly Brown Corp.
703 West Babcock Street 500 500
Applebee's
1108 North 7th Avenue 500 500
Baxter Beverage, LLC
dba Gallatin Empire Ballroom,
Rocky Mountain Pasta Co.,
The Bacchus Pub and
The Robin Lounge
105 West Main Street 500 500
Black Angus
520 West Mendenhall Street 500 500
. The Bozeman Bowl
414 East Babcock Street 500 500
Bozeman Hotel
321 East Main Street 500 500
The Burrito Shop
203 North 7th Avenue 200 200 400
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The Cannery Lounge
43 West Main Street 500 500
Cas a Sanchez Restaurant
719 South 9th Avenue 200 200 400
Casey's Corner
. 4135 Valley Commons Drive 200 200 400
Cats Paw, Inc.
721 North 7th Avenue 500 500
Colombo's Pizza & Pasta
1003 West College Street 200 200 400
Costco Wholesale #96
2505 Catron Street 200 200 400
The Crystal Bar Inc.
123 East Main Street 500 500
Elks Club #463
106 East Babcock Street 500 500
Ferraro's Fine Italian Restaurant
726 North 7th Avenue 500 500
The Filling Station, Inc.
2005 North Rouse Avenue 200 200 400
. Fraternal Order of Eagles
Aerie No. 326
316 East Main Street 500 500
Fuddrucker's of Bozeman
2905 West Main Street 500 500
Godfather's Pizza
200 South 23rd Avenue 200 200
GranTree Conoco
1417 North 7th Avenue 200 200 400
GranTree Lounge
1325 North 7th Avenue 500 500
Haufbrau, Inc.
22 South 8th Avenue 500 500
Holiday Inn
5 Baxter Lane 500 500
. Holiday Station Store #269
119 North 7th Avenue 200 200 400
Holiday Station Store #305
1951 Durston Road 200 200 400
JW's Hide-A-Way Lounge, Inc.
1631 West Main Street 500 500
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Jackpot Casino West
1801 West Main Street 200 200 400
Jackpot Casino East
915 East Main Street 200 200 400
Joe's Parkway
. 903 West College Street 200 200 400
* Kmart Corporation
1126 North 7th Avenue 200 200 400
Kagy Korner, I nc.
1809 South Tracy Avenue 200 200 400
Kwik Way #32
401 East Peach Street 200 200 400
La Parrilla, Inc.
1533 West Babcock Street 500 500
Lewis & Clark Family Restaurant
824 West Main Street 200 200 400
Looie's Down Under
101 East Main Street 200 200 400
Lucky Lil's Casino
2401 West Main Street 500 500
. Magic Diamond Casino
1615 West Main Street 200 200 400
* *Montana Ale Works
711 East Main Street 200 200 400
Osco Drug Store #938
1525 West Main Street 200 200 400
Panda "c" Store
621 Bridger Drive 200 200
Pizza Hut
2300 West Main Street 200 200 400
The Pub at MacKenzie River Pizza
232 East Main Street 200 200 400
Ralph A. Ferraro's Rocking R Bar
211 East Main Street 500 500
. Ruppert's Tap House
2711 West College Street 200 200 400
Safeway, Inc. #289
901 West Main Street 200 200 400
Santa Fe Reds
1235 North 7th Avenue 500 500
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Scoop Bar
712 West Main Street 500 500
Smith's Food & Drug Centers
2825 West Main Street 200 200 400
Spanish Peaks Brewing Co.
. 120 North 19th Avenue 500 500
The Store, Inc.
1210 East Main Street 200 200 400
Sweet Pea Cafe & Bakery
19 South Willson Avenue 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
Town & Country Foods
219 North 19th Avenue 200 200 400
Town Pump West, Inc. #2
2607 West Main Street 200 200 400
Valley View Golf Club
302 East Kagy Boulevard 500 500
. Van's County Market
912 North 7th Avenue 200 200 400
VFW Post No. 903
2005 North Rouse Avenue 500 500
Village Inn Pizza Parlor
806 North 7th Avenue 200 200 400
Williams Pump & Pak, Inc.
2020 North 7th Avenue 200 200 400
Wine Gallery
102 South 19th Avenue 200 200 400
The Wine Merchant
23 East Main Street 200 200
The Wok
319 North 7th Avenue 200 200 400
. Total - 65 Applications $ 7.600 $ 7 .400 $ 'L~.OOO $28.000
* New license
* * Contingent upon receipt of State License.
The City Manager recommended that the Commission approve the applications as
submitted.
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It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 2000
for the various establishments as listed above. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner
Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Commissioner Frost asked if the City has any authority to close a business for the sale
. of alcohol to minors or for overcrowding.
City Manager Johnson responded that the Montana Department of Revenue issues the
alcoholic beverage licenses and does seek City input prior to issuance of the initial license. He
suggested that, rather than approaching problems through the alcoholic beverages license, it
may be more appropriate to address them through the local business licenses or within the
provisions of the fire code.
Commissioner Frost noted that a conversation with someone in the Police department
revealed that the police officers spend a significant amount of time in breaking up fights,
getting minors out and addressing overloading at certain local establishments. He characterized
this as an inappropriate way to spend taxpayer monies.
Commissioner Smiley requested a work session on this issue, with input to be provided
by the Police Department; the City Manager responded that he will schedule it for February.
Discussion re Commission reSDonses to auestions in letter from County Commission dated
November 19. 1999
Commissioner Rudberg asked if the County intends to participate in improvements to
West Babcock Street.
. Mayor Youngman responded that County Commission Chair Murdock has indicated the
County's position will depend on the City's response to the questions listed in the letter,
particularly if the residents give the necessary right-of-way. She also noted that they had
previously agreed if the City would agree to a 60-foot-wide right-of-way, they would work with
the City.
City Manager Johnson provided staff responses to each of the items. He stated there
is a definite cost associated with connections to water and sewer services, and staff can
provide that information to assist in the decision making process. He recognized that the
Commission could exempt the properties from annexation while allowing connections to City
water and sewer; however, he cautioned that would be a shift from existing policy. He noted
that the county properties could also be exempted from participating in a special improvement
district and recognized that if they are included in a proposed district, adequate protest could
be received to kill the project. He concluded by noting that the final decision will be an
economic one.
Commissioner Rudberg noted that she has heard many different times that the County
had made a commitment to the property owners in this area that if the road were widened, the
County would assume those costs. She noted, however, the County Commissioners say that
commitment was never made.
. Commissioner Smiley requested the costs associated with the various issues. She then
forwarded her position that the residents should be compensated in some way.
Commissioner Rudberg stated that exemption from impact fees is not allowed. She
noted, however, she has no problem with not forcing annexation, even if water and sewer
services are extended to those properties.
City Manager Johnson stated there is at least one property where the drainfield or septic
tank will be destroyed with the street widening, and noted that the cheapest alternative may
easily be to connect to City services.
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As a result of discussion, the Commissioners recognized they need information on the
costs involved prior to making any decisions on the list of items.
Discussion - Commissioner Droiects
None of the Commissioners submitted any comments under this agenda item.
. Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a letter from the Missouri River Drug Task Force to Police Chief Mark
Tymrak, dated November 30, 1999, recognizing the superior performance of Officer Jason
LaCross and his dog, Kilo.
(2) Letter from Sue Shockley, Manager of the Gallatin County Fairgrounds, dated
November 30, inviting the Commissioners to attend the Fair Board meeting scheduled for 6:00
p.m. on Monday, December 6, at the Fairgrounds.
(3) Copy of a letter from Christopher Williams to the Superintendent of Schools
office, dated December 1, regarding interest in creating a parking district around the high
school.
(4) Memo from Engineering Secretary Becky Adamson, dated November 15,
forwarding minutes for November 10 staff meeting.
. (5) Copy of the notice regarding the change in disposal of Christmas trees, effective
this year.
(6) Copy of an information sheet from US West, disclosing their Year 2000 readiness.
(7) Memo from City Manager Johnson, dated December 1, regarding a request he has
received for renewal of the Beall Park Arts Center lease agreement until June 2003.
Commissioner Rudberg expressed concern about extending the lease for this building,
particularly since the Recreation Department has identified a need for that space.
(8) Copy of the Headwaters Recycling newsletter, announcing that the next meeting
will be held on January 12 in Three Forks.
(9) Copy of an information sheet entitled the WalMart Profile.
(10) Copy of Issue No.1 of the Historic Bozeman Main Street Star.
(11 ) Copy of the list of holidays for the Year 2000.
( 12) Invitation to attend the DARE graduation ceremonies for the fifth graders from
. Longfellow School at 10:00 a.m. on Wednesday at the Courthouse.
( 13) Minutes for the Historic Preservation Advisory Board meetings held on October
21 and November 11, 1999.
(14) Minutes for the 9-1-1 Administrative Board meetings held on October 27 and
November 5, 1999.
(15) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
December 7, at the Courthouse.
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( 16) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, December 7, in the Commission Room.
( 17) Agendas for the City Planning Board meeting to be held at 7:00 p.m., and the
Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, December 7, in the
Commission Room.
. (18) City Manager Johnson submitted his weekly report. as follows. ( 1) Stated that
work is beginning in the Commission Room, with new ceiling tile and new overhead lights being
installed and the next step will be painting. (2) Stated the 9-1-1 Administrative Board has been
busy preparing for the presentation at next week's meeting. (3) Noted that some of the bar
owners are unhappy with the Fire Department's commitment to enforce occupancy load limits.
(4) Stated staff is beginning to prepare for the upcoming year's budget process. (5) Announced
that Assistant City Manager Brey will attend the Fair Board meeting this evening. (6) Stated
he has received complaints about the hockey play at Bogert Park and will ask that it be shut
down earlier. (7) Indicated that the Recreation and Parks Advisory Board will consider the
Bozeman Amateur Hockey Association's fee schedule for using the ice at the pavilion at its
next meeting.
( 19) Commissioner Rudberg submitted the following. (1) Expressed her appreciation
for the guest editorial by Fire Marshal Chuck Winn as well as the article on earthquakes, in
which Building Official Neil Poulsen was quoted. (2) Stated her appreciation for receiving
minutes for the various advisory boards. (3) Asked if the City will publish a chart showing how
tax monies are expended; the City Manager responded that the City will. (4) Expressed
concern that widening of Durston Road could lead to it becoming a speedway, through a
residential area and near two schools. (5) Voiced her concern that the Commission has not had
an opportunity to discuss the study done by the MSU students. (6) Cautioned that the
Commission should look closely at the demands the various advisory boards may be placing on
City staff over the upcoming year.
. (20) Responding to Commissioner Rudberg, Commissioner Frost stated the Historic
Preservation Advisory Board has considered changing some of its membership requirements.
He also noted they have discussed creating a private fundraising organization, since they
cannot conduct any fund raising as a City board.
(21 ) Commissioner Rudberg stated that, after three years of inability to obtain financial
records from Farmers' Market, she feels their user group agreement should not be renewed for
next year.
Mayor Youngman stated she shares those same concerns, and noted she has similar
concerns about Sweet Pea, which has become too expensive for many families.
Commissioner Frost asked the City Manager to forward the Commission's displeasure
to the Recreation Department, and let them know the Commission may not approve the
renewals of those agreements.
(22) Commissioner Smiley submitted the following. (1) Requested that letters of
thanks be sent to those board members who choose to no longer serve on the City's boards.
(2) Noted the Bozeman Daily Chronicle has been helpful in a variety of ways recently. (3)
Noted the importance of stressing that aluminum foil and pie tins can be recycled.
. (23) Mayor Youngman proposed a change in when the Commissioners receive their
weekly agenda packets, suggesting that the deadline be moved back from Thursday to Friday.
She noted that, under this proposal, the deadline for submitting items for the agenda would still
be 5:00 p.m. on Wednesday, with additional information being accepted through Thursday.
She suggested that this could help staff ensure that the information for the packet is complete
and accurate.
The Commissioners expressed a willingness to accept the change, with the stipulations
that the packets be done by noon on Fridays, and that the completion time does not creep into
the afternoon.
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Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Request for one-year extension of aooroval of the Dreliminarv Dlat for Babcock
Meadows Subdivision. which amended Phase I and created Phase II. under
Aoolication No. P-9636
. Award bid - new 2000 full-size van for Water DeDartment (meter readina) -
Ronan Auto Bodv Sales. Inc.. Ronan. Montana - in the net bid amount of
$18.849.00
Acknowledge receiot of oetition for creation of a Business Imorovement District
and a SDecial Imorovement District. as submitted bv the Downtown
Bozeman Imorovement District Board: refer to staff
Ratifv City Manaaer's sianature - Aareement for Communications EauiDment
Maintenance - between City of Bozeman and Gallatin Countv. as the 9-1-1
Communications Division. and Teton Communications. Inc.
Buildina Inspection Division reoort for October 1999
Claims
It was moved by Commissioner Rudberg, 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 Rudberg, Commissioner Frost, Commissioner
Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none.
. Adjournment - 9:50 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Rudberg
and Mayor Youngman; those voting No, none.
~'~(j~
MARCIA B. YOUNGM , Mayor
ATTEST:
~f~
R BIN L. SULLIVAN
. Clerk of the Commission
12-06-99