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HomeMy WebLinkAbout1999-03-15 Minutes, City Commission -- - ..-. ..- ._~_. .....-.. ...-.--......-.....--.-. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 15, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 15, 1999, at 7:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - September B. 199B. February 16. March 1 and March B. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg , that the minutes of the meetings of March 8, 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 Youngman and Mayor Stiff; those voting No, none. . Mayor Stiff deferred action on the minutes of the meetings of September 8, 1998 and February 16 and March 1, 1999, to a later date. Conditional Use Permit - Charles and Allison Totten - allow the sale of beer and wine in conjunction with restaurant in Downtowner Mall. located on Lots 1-3. the eastern 5 feet of lot 4. the south 43 feet of lots 12-15 and lots 16-18. Block B. Story's Addition. and all of lot III and portion of Lot IV of fractional Block AE. Alderson's Addn - (Sweet Pea Caf~. 19 South Willson Avenue) (Z-9908) This was the time and place set for review of the Conditional Use Permit, as requested by Charles and Allison Totten under Application No. Z-9908, to allow the sale of beer and wine in conjunction with restaurant in Downtowner Mall, located on Lots 1 through 3, the eastern 5 feet of lot 4, the south 43 feet of lots 12 through 15 and lots 16 through 18, Block B, Story's Addition, and all of lot III and a portion of Lot IV of fractional Block AE, Alderson's Addition. The subject property is the site of the new Sweet Pea Cafe, and is more commonly known as 19 South Willson Avenue. Assistant Planner Therese Berger presented the staff report. Applicant is applying for a "cabaret" license to serve beer and wine on the premises. The new restaurant is to be located in an interior tenant space in the Downtowner Mall which is located on the west side . of South Willson Avenue between West Main and West Babcock Streets. Assistant Planner Berger reviewed the criteria for a "cabaret" license. She noted that the entrance to the proposed bakery is 460 feet from the United Methodist Church, which is also addressed off South Willson Avenue. She reminded the Commission that state law prohibits the sale of alcoholic beverages within 600 feet of a church or school on the same addressed street unless the Commission adopts an ordinance supplanted that requirement. Assistant Planner Berger stated that a CitywCounty Planning Board considered this application at its March 2 meeting. She briefly reviewed the public testimony received, including the concerns raised by the Co-Pastor from the First Presbyterian Church and a co- 03~ 1 5-99 ___________ 0 on.o - 2 - owner from The Little People's Academy, located in the basement of First Presbyterian Church. She stated that following the public hearing and consideration of the criteria and the staff findings contained in the written staff report, the Planning Board forwarded a recommendation for approval subject to ten conditions. She noted that Staff Attorney Tim Cooper has prepared a proposed revision to Condition #6, and a copy of that revision has been distributed to the Commission. . Mr. Charles Totten, applicant, stated he has searched for three years for a suitable space and was offered the subject site after the former bakery went through bankruptcy. He then stated it is his desire to offer his customers a choice and ask that the Commission further the public's choice for the downtown area. Mr. Totten then stated he chose a location in the heart of Bozeman, unaware of the 600 foot rule when he signed the lease. Mr. Mike Garrity, Attorney representing the applicant, stated the Planning Board placed sufficient conditions on the requested conditional use permit to ensure the compatibility of this business with the surrounding area. He recognized that section 16-3-306, M.C.A., imposes a 600 foot rule from churches and schools on the same addressed street; however, the City Attorney's office is in the process of drafting an ordinance supplanting that provision for Commission consideration. He states they are only in violation of the 600 foot rule with the United Methodist Church and Korean Church. The rule does not apply to the First Presbyterian Church and The Little Peoples Academy, which is in closer proximity to the bakery. He stressed that the ordinance being prepared by the City Attorneys office will provide local government jurisdiction over licensing for sale of alcoholic beverages within 600 feet of a church or school and allow for consideration of those requests on a case-by-case basis. He concluded by encouraging Commission approval of this application. Responding to Commissioner Rudberg, Mr. Garrity stated that under the 1997 "cabaret" license, the City of Bozeman has a quota of 9 licenses, 4 of which have been issued; and . applications are pending for 4 of the remaining 5 licenses. Ms. Eleanor Roche, 824 South Tracy Avenue, co-owner of Chaparral Fine Art, voiced her support for approval for the application. She stated she and her husband live in the neighborhood. She feels a need for more options in terms of mid-priced, high quality restaurants in the downtown area, particularly establishments that are not necessarily linked to full bars, which is not the best environment for a. family dinner. She recognized that the restaurant business is a difficult one and encourage the Commission to approve this application, thus enhancing the possibilities of success. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit, as requested by Charles and Allison Totten under Application No. 2-9908, to allow the sale of beer and wine in conjunction with restaurant in Downtowner Mall, located on Lots 1 through 3, the eastern 5 feet of Lot 4, the south 43 feet of Lots 12 through 15 and Lots 16 through 18, Block B, Story's Addition, and all of Lot III and a portion of Lot IV of fractional Block AE, Alderson's Addition, subject to the following conditions: 1. The Downtowner Mall must install a proper backflow prevention double check device for the 1 %-inch domestic water service. . 2. The applicant must obtain a Certificate of Appropriateness for any proposed interior and exterior modifications to the buildings, including signage, and must obtain the appropriate building and sign permits. Signage must be in compliance with Section 18.65 of the Bozeman Municipal Code. 3. One handicapped accessible parking space shall be designated as reserved for the disabled by a sign that complies with A.D.A. standards and the zone code, and shall be located as close as practical to the primary accessible entrance for the business. The 03-1 5-99 --- __.. __ __. ___..__ _u_ ._____ - 3 - handicapped accessible space must be a minimum of 13 feet wide and 18 feet deep if measured from the curb, and marked with painted lines not less than four inches wide. Raised signs shall be located at a distance no greater than 5' from the front of the accessible space per Section 18.50.120.F.3.c; shall be subject to review and approval by the Planning Office; and shall include the language "Permit Required, $100 Fine". The location of, and . details of the proposed handicapped accessible signage must be included on the final site plan, and are subject to the review and approval of the Planning Office. 4. The owner and/or applicant shall install a trash enclosure on site per Section 18.50.035.0. A detail of the trash enclosure shall be provided with the final site plan, and are subject to the review and approval of the Planning Office. 5. The applicant shall obtain a City of Bozeman Liquor License, and provide the Planning Office with a copy of the license, prior to the .sale of alcoholic beverages at the restaurant. 6. A copy of the State Revenue Department on premise restaurant beer and wine license to serve beer and wine at the restaurant at 19 South Willson Avenue shall be submitted to the Planning Office prior to the sale of alcoholic beverages at said restaurant. 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. . 7. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 8. 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 issuance of any building permits, final site plan approval, or commencement of the use. 9. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 10. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1489 - amendino Chapter 6.08 of the Bozeman Municipal Code to revise provisions pertaining to cruelty to animals and to add a provision pertaining to interference with a police dog Included in the Commissioners' packets was a copy of Ordinance No. 1489, as approved by the City Attorney, entitled: 03-1 5-99 ----- ------------ - 4 - ORDINANCE NO. 1489 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS 6.08.010, 6.08.020, 6.08.040 AND 6.08.050, PROVIDING . FOR DEFINITIONS, ENFORCEMENT OF THE OFFENSES OF INTERFERENCE WITH A POLICE DOG AND CRUELTY TO ANIMALS; AND PROVIDING FOR THE REPEAL OF SECTIONS 6.04.150 AND 6.08.010. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1489, revising provisions pertaining to cruelty to animals and adding a provision pertaining to interference with a police dog, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Application for Kennel License - Vincent Galli and Linda Loeuerle. 1316 South Black Avenue -Calendar Year 1999 Included in the Commissioners' packets was a copy of the application for Kennel License, as submitted by Vincent Galli and Linda Loetterle at 1316 South Black Avenue. Animal Control Officer Connie Lien, stated that last summer while responding to a compliant regarding barking, she discovered three dogs at the residence. The applicants have been extremely cooperative and she has received no additional complaints. She concluded by . recommending the Commission approve the kennel. No one spoke in support of or in opposition to the requested kennel license. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the application for Kennel License submitted by Vincent Galli and Linda Loetterle for 1316 South Black Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Application for Kennel License - Douglas and Cynthia Clingner. 217 South Tracy Avenue - Calendar Year 1999 Included in the Commissioners' packets were a copy of the application for Kennel License, as submitted by Douglas and Cynthia Clingner at 217 South Tracy Avenue, and a memo from Animal Control Officer Connie Lien, dated March 2, 1999, recommending approval of the application subject to conditions. Animal Control Officer Connie Lien stated that one of the three dogs at this location is less than six months old. She noted that upon investigation of the premises she found no . problems other than fencing of the backyard is poor. She then indicated that she has received no complaints about this site and recommended approval subject to the condition that the fencing be upgraded by July 1, 1999. Responding to Mayor Stiff, the Animal Control Officer indicated she could be the person to approve the fence. No one spoke in support of or in opposition to the requested kennel license. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the 03-1 5-99 .. .....--...-.. -- - 5 - Commission approve the application for Kennel License submitted by Douglas and Cynthia Clingner for 217 South Tracy Avenue, subject to the following conditions: 1. That the fence be upgraded around the backyard by July 1, 1999. 2. That the yard be cleaned on a regular basis. . 3. That this license shall be for the two older dogs and the one younger dog that currently reside on this property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Staff report re alternative sites for ice skating rink/pavilion Distributed to the Commissioners just prior to the meeting was a letter from the board members of the Bozeman Amateur Hockey Association (BAHA), dated March 12. City Manager Clark Johnson reminded the Commission that after the Conditional Use Permit for refrigerated ice at Bogert Park was denied, he was directed to pursue alternative sites. He stated that he has looked at several locations and forwarded proposals for (1) construction of a pavilion at the fairgrounds, (2) construction of a pavilion at Bronken Park, (3) reconsideration of the pavilion at Bogert Park and (4) use of the Valley Ice Garden. The City Manager reviewed the proposal for the construction of a pavilion at the fairgrounds, to be located north of the existing exhibit building as reflected on the map posting . on the wall. If the Commission elects to act affirmatively and place the pavilion at the fairgrounds, ownership of the pavilion goes to the County and the Fair Board would maintain and operate it under an interlocal agreement. The pavilion would be available during the normal hours of 7 a.m. and 10 p.m. except during the summer fair and the winter fair. He indicated that BAHA would be the primary user of the pavilion from November 1 through May 1, the normal hockey season. He proposed that the Haynes money could be used for construction of the pavilion. The City Manager forwarded the second alternative, for construction of a pavilion along the west side of Bronken Park. He noted that advantages of this site include the existence of the parking lot and the fact that it is surrounded by vacant property. City Manager Johnson stated the third alternative would be to continue use of the pavilion at Bogert Park. He noted that the new dasher boards and glass panels have significantly decreased the noise and suggested that constructing solid walls on the north side and west walls of the pavilion could further reduce the noise to the residential neighbors. He characterized this as BAHA's first choice. The City Manager stated the fourth option is Valley Ice Garden. He stated the key issue is to ensure available ice time for youth and adult hockey programs, and the facility has forwarded a proposal for consideration. . Responding to Commissioner Rudberg, Assistant Planning Director Arkell confirmed that low density residential development is proposed along the west side of Bronken Park, and estimated that the pavilion would be approximately 300 feet away. She then noted that the parcel immediately south of Bronken Park is zoned for mobile home development. Gary Klein, BAHA President, stated that BAHA has a good working relationship with the City, noting that they started playing ice hockey at Bogert Park in 1983 with the first set of dasher boards being installed in 1984 and being used until last year. In 1989 they reorganized to become associated with the Montana Amateur Hockey Association and USA Hockey. After 03-1 5-99 - -..--.----- . .... -- -- - 6 - skating on natural ice, they feel a need to assist mother nature to have a good hockey season. Both the youth and adult hockey programs continue to grow even with the construction of Valley Ice Garden. He concluded by indicated that BAHA is comfortable with either the fairgrounds proposal or Bogert Park. Jeff Ball, 323 South Wallace Avenue, stated that he is a neighbor of Bogert Park, and would like to see the program remain. He noted that the wooden pavilion was originally . constructed for picnics in the summer and ice skating in the winter, and in fact, the measurements are exactly the measurements of a hockey rink. He questioned the spending of money to construct a duplicate building in a time when money is tight, when a perfectly good pavilion already exists. He characterized the Bogert Pavilion as being centrally located, close to downtown and easily accessible. Mr. Ball suggested that the ice rinks at Southside and Beall parks can be designated as open skating with hockey being played in the Bogert Park pavilion. He suggested that a second sheet of ice could be established at Bogert Park, in front of the band shell, and used for either "shinny" hockey or open skating. Mr. Ball stated he feels Bronken Park is too far west for a hockey rink and acknowledged the fairgrounds would be a good option. He concluded by encouraging the Commission to allow the hockey rink to remain at Bogert Park. Mr. Rich Deming, BAHA board member, briefly addressed the benefits of a pavilion at the fairgrounds, noting proximity to the central part of the City is important. He also noted that the fairgrounds would provide good security and parking is excellent. He also noted that impacts of noise on a residential neighborhood should be minimal. Mr. Joe Nelson, BAHA Vice President, addressed the engineering aspects of the Bogert Park facility. He noted that three MSU students have made this their senior design project, studying various aspects of the facility and the equipment needed for refrigerated ice. He . stated they have completed their mid-term report, and the noise study should be done by the end of March and the remainder of the study completed by the end of April. He recognized that the noise issues are a very important factor at Bogert Park. The compressor would have to be housed in a cinder block building and would create very little noise. The noise created by the cooling radiator would be minimal, a series of fans would kick in depending on the amount of refrigeration needed, similar to an air conditioning unit. Mr. Nelson turned his attention to the cost of utilities. He noted that in Havre the cost of maintaining an outdoor rink is $1,800.00 per month; and Sydney, MT has an indoor rink and their bill including refrigeration, lights and heating of the spectator viewing area costs approximately $2,500.00 per month; and BAHA is using a model based on $3,000.00 per month for utilities. He stressed that this proposal for refrigerated ice is to make sure there is good ice on marginal days and noted that the system could be shut down on those days when the natural ice was good. Mr. Dan Swanson, BAHA Treasurer, noted there are two types of cost, Capital Improvement and Operation Costs. He briefly summarized the Capital costs as $50,000 for flooring and piping for refrigeration; $70,000 for used compressor equipment; and $30,00 for lockers and restrooms. He indicated that BAHA would get the funds for these capital costs from private donations and fund raisers and possibly grants. He noted their outstanding re- payment history and gave an example of recently paying off the ice resurfacer. BAHA considered renting ice time at the Valley Ice Garden, but found the cost was prohibitive, and they wish to provide an alternative ice surface, not a competing ice surface. . Mr. Greg Raths, Gallatin County Fairground Chairman, indicated his support of the construction of the new pavilion at the fairgrounds, stating he feels it would benefit the entire community, and provide an alternative location for picnics, weddings, and hockey. He indicated a willingness to work with the City, stating all issues can be resolved. Fairgrounds Manager Sue Shockley forwarded the County's interest in making the fairgrounds a community center. She noted that they have started the development of a skateboard park, and they wish to further expand use of the fairgrounds. She noted that the fairgrounds has been the agriculture center for many years and will still be used for agricultural 03-1 5-99 -.--.. .....-.----. - 7 - events, but they also recognize the importance of providing activities for the youth. She noted that the fairgrounds is in a good location, and that water, sewer and natural gas are available at the proposed pavilion site. Mr. Jason Martel, Valley Ice Garden General Manager, stated that they have decided to start their own amateur youth hockey program and is in the process of becoming associated with the Montana Amateur Hockey Association and USA Hockey. He is also working on . obtaining a not-for-profit status for the program, which will make their program similar to BAHA. He then encouraged the Commission to treat both organizations the same suggesting that if the City provides a pavilion for BAHA, they should also provide one for his program. Mr. Don Curtis, 321 South Fifth Avenue, stated he is an elementary school gym teacher and has been involved in the creation of ice rinks on school playgrounds for the last twelve years. He stated location should be number one, with affordability another issue. He supports the BAHA program and encouraged the Commission to consider location in making it's decision. Mr. Don Stueck, 2115 Highland Court, stated he supports youth activities in Bozeman saying they should be our highest priority. He noted this includes just not hockey, but soccer, baseball, and football. He stated that in the 1970's and 1980's he was involved in the AAU Wrestling program in Bozeman and saw that program split into two different factions. He cautioned the Commission that a similar split could occur in the hockey program and encouraged the Commission to address the needs of the sport and not lock itself into affiliation with one organization. He also cautioned that the City carefully consider a joint venture with the County, citing the construction of the City's Swim Center on school district property and the attendant problems as an example. He then indicated that the Boys and Girls Club of America is trying to develop a recreation facility and will seek assistance from the City, possibly through a location at Bronken Park. He also cautioned there are other organizations . in the community they may seek assistance if this pavilion is provided to BAHA. Mr. Kevin Kline, youth hockey player, stated he wants to go far with his skating, the more places to skate, the more chances to go further. The less places to skate, the less chances we have of getting there. Ms. Lisa Tuckerman stated she has played hockey since the age of 6. She stated that while she enjoys playing at the Valley Ice Garden, she recognized that not everyone can afford to do so. She stated that playing hockey is very expensive and encouraged the City to provide a refrigerated ice facility in the community. Mr. Tony Nelson, youth hockey player, stated he prefers to skate at Bogert Park noting that he has more freedom to practice shots and teach his little sister to skate and play hockey at Bogert Park. Mr. Sam Cannatta, youth hockey player, stated that hockey has been important part of his life for many years. Mr. Nate Quattrocchi, youth hockey player, stated he likes skating at Bogert Park because of the fresh air and the ability to skate with others, not just with a specific group. . Dr. Ken Younger stated that BAHA has shown an amazing amount of support for the ice rink at Bogert Park. He noted, in fact, that when he announced this meeting to the skaters, one of the players pledged $25,000 toward the project because he was unable to play when he was younger due to the cost. Mr. Paul Ryder, 326 Lindley Place, stated that he is a recreational skater, and his entire family skates at Southside Park. He noted he prefers an outside rink. He expressed concern that at Southside, the recreational skaters must compete with the hockey players even though the hockey players should be using the rink on the tennis courts. He also noted damage is caused to the tennis courts when ice is put on them. He concluded by noting that the 03-1 5-99 - 8 - proposed sheet of ice in front of the Bogert Park band shell would be a viable alternative. Mr. Mark Lachapelle stated he has been an ice hockey referee for 23 years and has been involved in the local program for ten years. He stated it is difficult to schedule tournaments without refrigerated ice. He stressed his dedication to the enjoyment for the kids, and encouraged the Commission to support BAHA. . Mr. Steve McGough coaches a little league hockey team. He stated that while winter last six months, they may have as little as 8 weeks of good ice. He recognized that the Valley Ice Garden is the "Cadillac of all hockey facilities in the state." However, the available hours are limited and the costs are high. He encouraged the Commission to support refrigerated ice for the hockey players, recognizing the demand for places to play on a regular basis. He then indicated that it is not the intent or the desire of the hockey players to run off the recreational skaters. He concluded by noting that hockey is a good activity which keeps kids out of trouble and that it is important to provide a safe place to drop off the kids. Mr. Tony Martel, 603 Cambridge Drive, stated he is not directly involved in Valley Ice Garden. He stated he played hockey as a youth and has recently returned to the sport. He stated his support of another sheet of ice, stressing the importance of refrigerating it while making it affordable. This would allow all kids the same opportunity we had as children. Ms. Laurita Vellinga, member of the Recreation and Parks Advisory Board, stated that at the February meeting, the board recommended that the Commission reconsider providing refrigerated ice at the Bogert Park pavilion. She expressed her desire to see Valley Ice Garden and the City work together to provide adequate ice for BAHA to continue its program. She noted the _ City should use a facility already designed for ice and use the Haynes money for developing the parks and trails. . Break - 8:30 p.m. to 8:35 p.m. Mayor Stiff declared a break from 8:30 p.m. to 8:35 p.m., in accordance with Commission policy. Staff report re alternative sites for ice skating rink/pavilion (continued) In response to Mayor Stiff a majority of the Commissioners expressed an interest in making a decision tonight if possible. Commissioner Frost stated he supports using Bogert Park with the possibility of adequate improvements being made to address the noise issues. He stated it is a good facility, is the most convenient and most accessible, and he noted it is also most important to use the money wisely. Responding to Commissioner Rudberg, Commissioner Frost stated the City made a commitment to the neighbors to deal with the noise and the Commission has heard from a couple neighbors that the new boards have served to address the noise level. He suggested that closing two sides of the facility would further address the noise issue, both for hockey in . the winter and skateboarding in the summer. Commissioner Youngman stated concurrence with Commissioner Frost's comments, stating her interest in seeing the noise portion of the study. Based on comments received at the Parks and Recreation Advisory Board meeting, it appears several of the neighbors have changed their attitude about continued use of Bogert Park for ice hockey, and she feels further mitigating those issues would eliminate even more of their concerns. She stated that construction of a new pavilion at the fairgrounds seems to be a good idea; however, she questioned whether a second pavilion is needed. Commissioner Youngman believes Bogert Park is the most sensible option from the financial standpoint. There has been much 03-1 5-99 .. - ---- .-. -------......-.-.--..--.-. -.- --.---..-.-. - 9 - discussion demonstrated that Bogert Park is a workable solution. The precedent and agreements, running a facility on City park land isn't unique, and suggested that it is possible to work with more than one association for use of the facility, if necessary. Mayor Stiff stated he is not prepared to support the Bogert Park or the Bronken Park location, but he does support the fairgrounds location. He stated Valley Ice Garden has impressed him with the way Bill Martel has put the everything together, but noted it doesn't . seem economically feasible helping our young hockey players. Commissioner Smiley stated she is in favor of using the Haynes money to construct a new pavilion at the fairgrounds. She noted that the community is growing and added it is important to provide adequate facilities. The new pavilion would provide an expanded opportunity for hockey. She also noted that the pavilion could be part of a community center at the fairgrounds, which will have even better access when Oak Street is extended. She also indicated her support for unrefrigerated ice at Bogert Park. Commissioner Rudberg stated her support for building a new pavilion at the fairgrounds using the Haynes monies. She stated she feels relocation of the ice from Bogert Park to the fairgrounds is important, particularly in light of the concerns the residents have previously voiced. She feels that the City building a pavilion at the fairgrounds is a small price to pay for the benefit of the community. She noted there are not any facilities of this type on the north side of town. She stressed that the new pavilion will not only give the community another place for outings, but also give the kids another place to play hockey. Commissioner Smiley stated that she remembers when Bogert Park and Lindley Park changed from neighborhood parks to community parks beginning in 1958. She then reiterated her interest in keeping unrefrigerated ice at Bogert Park. . Commissioner Youngman asked if a public hearing on the use of the Haynes monies will be scheduled. She recognized this is an unusual source of revenue for the City and suggested that public input should be obtained prior to making a decision. She supports the construction of another facility on the north side of town and recognizes the benefits of sharing those costs with the County but is uncomfortable spending the Haynes money without public input. Mayor Stiff noted that the Commission has previously determined that it wants to use the Haynes monies for a facility that has a long life and can be readily tied to its source of funding. Commissioner Frost stated that while he has no problem with constructing a facility at the fairgrounds, he is concerned about the expenditure of limited City funds. He then indicated his interest in receiving public input before making a decision. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission authorize and direct staff to proceed with exploring the option of building a pavilion at the fairgrounds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff. Those voting No being Commissioner Frost and Commissioner Youngman. Discussion - Commissioner projects . None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Response card from the Bozeman Beautification Advisory Board for Clean Up 03-1 5-99 - -.. - 10- Bozeman. (2) Copy of the March 1999 edition of the Bozeman Area Planning News, which includes the 1998 Annual Report from the City-County Planning Office. (3) Copy of a letter sent to area property owners regarding new traffic control devices and parking changes to be made at the intersection of North Grand Avenue and West . Lamme Street. (4) Agenda for the Montana Transportation Commission meeting scheduled in Helena on March 24 and 25, 1999. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 16, in the Commission Room. (6) Memo from Carol Schott, Planning Secretary, indicating that the City-County Planning Board meeting has been moved from March 16 to March 23 and that the Board of Adjustment meeting has been moved from March 18 to March 25, 1999. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 16, at the County Courthouse. (8) The City Manager submitted his weekly report as follows. (1) Attended a meeting of the large city City Managers in Helena on Friday. He noted that part of the meeting was held at the Legislature, and they will return to Helena to meet with Governor Racicot. (2) Spent all of today in a settlement conference on the Bozeman Solvent Site. (9) Mayor Stiff submitted the following. (1) Noted the importance of recognizing . Agriculture Week. He stated that he appreciated growing up on a farm in this valley. (2) Stated that he spent two and one-half days at the State AA basketball championship tournament. (10) Commissioner Smiley submitted the following. (1) Stated that she and Assistant City Manager Ron Brey spoke to classes at Chief Joseph Middle School last week. (2) Attending a public hearing on the donut area Thursday evening. (3) Attending a meeting for the Lewis and Clark Trail on Friday. (11 ) Commissioner Rudberg submitted the following. (1) Asked if the Commissioners plan to attend the Agency on Aging meeting; Commissioner Youngman indicated she will attend. (2) Responding to questions from Commissioner Rudberg regarding appointments to the Local Water Quality District Board, Commissioner Youngman stated that, as the City's representative on the CitylCounty Health Board, she is automatically on the LWQD Board. (3) Responding to Commissioner Rudberg, the Commissioners agreed to participate in "Clean up Bozeman" on April 24, 1999. Consent Items City Manager Johnson presented to the Commission the following Consent Items. . Authorize City Manager to sign - Release of Restrictive Covenant and new Restrictive Covenant on Lots 1. 2 and 3. Block 29. Park Addition - Vickie Greenwood. 501 South Third Avenue Authorize City Manager to sign - Easement Agreement for US West Communications. Inc.. across Rose Park Authorize City Manager to sign - Public Access Easement Agreement - Ed McCrone - trail along railroad bed adjacent to Story Mill Road. east of 03-1 5-99 --- -- - - -..-- --- - 11 - Bridger Drive Proclamation - "Agriculture Week" - March 14-20. 1999 Commission Resolution No. 3280 - intent to implement a 7% increase in water rates: setting public hearing for April 19. 1999 . COMMISSION RESOLUTION NO. 3280 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Commission Resolution No. 3281 - intent to implement a 28% increase in sewer rates: setting public hearing for April 19. 1999 COMMISSION RESOLUTION NO. 3281 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING .A PUBLIC HEARING BE HELD ON A PROPOSED TWENTY-EIGHT PERCENT (28.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Acknowledge receipt of application' for annexation - Ervin and Agnes V. Sukut -2.3639 acres located"in the E1h. E1h. SE%. SW%. Section 35. T1S. R5E. MPM (northwest corner of Thomas Lane and Baxter lane): refer . to staff Authorize Mayor to sign - Findings of Fact and Order - preliminary plat for Harrington Bottling Company - subdivide 12.249-acre lot described as lot 2. Minor Subdivision No. 71. located in the SE%. Section 9. and the NE%. Section 16. T2S. R6E. MPNM. into two lots (32550 Frontage Road) (P-9857) Acknowledge receipt of and accept Warranty Deed from CMC Heartland Partners for Parcel No.6 for the Oak Street right-of-way between North 7th Avenue and North Rouse Avenue Building Inspection Division report for February 1999 Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Staff request for revocation of Kennel License issued to Ellyn Murphy. 506 North Bozeman Avenue City Manager Johnson reminded the Commission that at the March 1 meeting, consideration of this item was continued to March 15 in response to a request from the applicant's attorney, and another continuance, to April 19, has been requested. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that 03-1 5-99 __n_...__.____... _ __ .-.----- - 12 - consideration of this item be continued to April 19, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Executive Session re litigation strategy - Bozeman Solvent Site . Mayor Stiff announced his intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation strategy pertaining to the Bozeman Solvent Site, noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating position of the City in the case of Jewel v. City of Bozeman. At 9:20 p.m., Mayor Stiff called an executive session for the purpose of discussing litigation strategy and asked all of the persons except the City Manager, City Attorney Luwe, and Clerk of the Commission to leave the room. At 10:05 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Acijournment - 10:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg . and Mayor Stiff; those voting No, none. ~~/. ~ ALFR M. STIFF, Mayor ATTEST: ~ f::l#~ ROBIN L. SV!,.~VA!-J ---' Clerk of the .c.ammtSsion _ --- ~ . ..........~ - -.: ~-:-:: ~ - - -."...--- ~ ~~~.~-- >. - .'--~ ............------ --~ , .. ~ /" , . ~.. .~- ---=..:;:::-- , ',;- - - _.-- ~~-:.- ' . 03-1 5-99