HomeMy WebLinkAbout1999-02-01 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 1, 1999
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, February 1, 1999, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Frost, Commissioner Youngman, Acting City Manager/
Staff Attorney Cooper and Clerk of the Commission Sullivan. Commissioner Rudberg was
absent.
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.
Authorize absence of Commissioner Rudbera from this meetina. in compliance with Section
7-3-4322(2), M.C.A.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
absence of Commissioner Rudberg from this meeting be authorized in compliance with Section
7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
. Minutes - June 1. June 15. June 29 and September 8. 1998. and January 19 and January 25.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
minutes of the meetings of June 1 and June 15, 1998 and January 19 and January 25, 1999,
be approved as submitted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor
Stiff; those voting No, none.
Mayor Stiff deferred action on the minutes of the meetings of June 29 and September
8, 1998, to a later date.
Conditional Use Permit - John East for San Corporation - to allow the sale of alcoholic
beveraaes in restaurant on the south 50 feet. minus 6% feet of Lot 22 and the south 50 feet
of Lots 23. 24 and 25. Block A. Tracy's First Addition (23 North Tracy Avenue) (Z-98195)
This was the time and place set for review of the Conditional Use Permit requested by
John East for San Corporation, under Application No. Z-98195, to allow the sale of alcoholic
beverages in a restaurant on the south 50 feet, minus 6}'2 feet, of Lot 22 and the south 50 feet
of Lots 23, 24 and 25, Block A, Tracy's First Addition. The subject property is more commonly
. known as 23 North Tracy Avenue.
Assistant Planner Therese Berger presented the staff report. She stated that the
applicant is seeking a "cabaret" license to allow the sale of beer and wine in conjunction with
a new restaurant, and briefly highlighted the restrictions which accompany this type of license.
She then indicated that the Planning staff and the Development Review Committee have
reviewed this application in light of the criteria set forth in the zone code. As a result of that
review, staff recommended approval of the application, subject to sixteen conditions.
Following consideration of the application and staff report at its January 20 meeting, the City-
County Planning Board, on a vote of 9 to 0, concurred in that recommendation.
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Mr. John East, applicant, indicated a willingness to respond to questions.
No one was present to speak in opposition to the requested Conditional Use Permit.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the Conditional Use Permit requested by John East for San Corporation,
under Application No. Z-98195, to allow the sale of alcoholic beverages in a restaurant on the
south 50 feet, minus 6% feet, of Lot 22 and the south 50 feet of Lots 23, 24 and 25, Block
. A, Tracy's First Addition, subject to the following conditions:
1. The final site plan shall be adequately dimensioned.
2. The configuration of the off-street parking shall comply with the
requirements of Section 18.50.120 unless a deviation or variance is
granted by the governing body. This includes parking stall dimensions,
drive aisle widths, lot surfacing, striping and curbing. The North Tracy
Avenue parking area must be paved with concrete or asphaltic concrete,
or approved pavers, and all parking stalls marked with painted lines not
less than four inches wide. Wheel stops or curbing must be installed at
the west end of the on-site parking stall(s) off North Tracy Avenue.
3. Adequate snow storage area must be designated on the final site plan and
must be outside of the sight triangles, but on the subject property (unless
a snow storage easement is obtained for a location off the property and
filed with the County Clerk and Recorder's office).
4. The applicant shall apply for and obtain a Certificate of Appropriateness
and building permit for any alterations proposed other than patching,
painting and decorating. Any building permits must be obtained and
. inspections made in accordance with the requirements of the uniform
codes adopted by the City of Bozeman through the Building Inspection
Division. Prior to opening for business, a Certificate of Occupancy must
be obtained from the Building Inspection Division.
5. The water meter must be reinstalled to its original location with a double
check backflow prevention device installed by the owner. A remote reader
must be installed at a cost of $25 borne by the owner and/or applicant.
6. Any new signage proposed for the site shall comply with the Bozeman
Area Sign Code. If necessary, a Certificate of Appropriateness and sign
permit must be obtained prior to the installation or alteration of any
signage.
7. The applicant shall obtain approval from the Parking Commission for cash.
in-lieu of parking provisions for one (1) parking space. The applicant shall
provide to the Planning Office a written and dated certificate, signed by
the Parking Commission chairman, authorizing cash-in-lieu payments. The
applicant shall also provide to the Planning Office a written and dated
receipt, signed by the City of Bozeman Finance Department, indicating
payment of authorized cash-in-lieu of parking. If cash-in-lieu payments are
. not authorized by the Parking Commission, the applicant shall provide the
parking spaces as required under Section 18.50.120 of the zone code.
8. One parking space inside the garage and one parking space in front of the
garage must be designated by appropriate signage for the apartment use
only. Said signage is subject to the review and approval of the Planning
Office. A portion of the interior of the garage, adequate in size to
accommodate the parking of one vehicle, must remain clear of storage
items.
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9. 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.
10. A copy of the State Revenue Department Liquor License to serve alcoholic
beverages at the restaurant at 23 North Tracy Avenue shall be submitted
to the Planning Office prior to the sale of alcoholic beverages at the
restaurant.
. 11. The handicapped accessible parking space shall be designated as reserved
for the disabled by a sign that complies with ADA and the zone code, and
shall be located as close as practical to the primary accessible entrance for
the business. Raised signs shall be located at a distance no greater than
5 feet 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.
12. All refuse, inoperable equipment and junk shall be removed from the
property prior to occupancy.
13. 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,
14. 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.
15. 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.
16. 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
Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
Conditional Use Permit with Certificate of ACDroDriateness . Bridger Ventures. L.L.C. for Indv
Lube - allow construction of 3.170-sauare-foot building for automotive service on Lot 2. Minor
Subdivision No. 97 (northeast corner of North 7th Avenue and West Oak Street) (1310 North
7th Avenue) (Z-98208)
This was the time and place set for review of the Conditional Use Permit with Certificate
. of Appropriateness, as requested by Bridger Ventures, L.L.C. for Indy Lube, under Application
No. Z-98208, to allow the construction of a 3, 170.square-foot building for automotive service
on Lot 2, Minor Subdivision No. 97. The subject property is located at the northeast corner
of the intersection of North 7th AvenUe and West Oak Street, and is known as 1310 North 7th
Avenue.
Assistant Planner Joni Killebrew presented the staff report. She stated that the staff has
reviewed this application in light of the criteria set forth in the zone code, and the staff's
comprehensive findings are contained in the written staff report. She noted that the Planning
Board considered this application at its January 20 meeting and, following consideration of the
criteria and the staff's findings, concurred in the recommendation for approval, subject to 22
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conditions. She stated that under Condition No. 16, the Engineering Department staff has
recommended the one-way ingress/egress be reversed because of the anticipated installation
of a median on West Oak Street in the future. The applicant has indicated he does not wish
to reverse the direction of the ingress/egress, so she recommended that the Commission either
delete Condition No. 16 or make it mandatory, rather than leaving it as a recommendation.
Mr. Bayliss Ward, architect representing the applicant, indicated a willingness to respond
to questions.
. Responding to Commissioner Frost, Mr. Ward stated that the lighting on the building will
not be recessed but will have cutoff shields to meet the code requirements. He then indicated
that he is working with designers to find a light fixture that will meet those requirements.
No one was present to speak in opposition to the requested Conditional Use Permit with
Certificate of Appropriateness.
Commissioner Frost indicated his interest in having Condition No. 1.b. modified to ensure
that the lighting meets code and does not "look like Costco's lighting".
Responding to Commissioner Smiley, a majority of the Commissioners indicated an
interest in deleting Condition No. 16.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit with Certificate of Appropriateness, as
requested by Bridger Ventures, L.L.C. for Indy Lube, under Application No. Z-98208, to allow
the construction of a 3,170-square-foot building for automotive service on Lot 2, Minor
Subdivision No. 97, subject to the following conditions:
1. The final site plan shall conform to all requirements of the Bozeman zone
. code, be adequately dimensioned (e.g. provide dimensions of typical
parking space, regular and disabled, access widths, driving aisle widths,
sidewalk widths, bpulevard 'widths) and, in addition to the information
shown on the preliminary plan, the final site plan shall show how the
following conditions have been met:
a. The final site plan must comply with the standards outlined
in Section 18.50.020.C.(1), for automobile service stations.
b. The final site plan shall provide a detail of the lighting that
is to be attached to the building. The light fixtures shall
comply with Section 18.50.035.A.1.
of the Bozeman
Municipal Code, w~ich reads "That any lighting used to
illuminate an off-street parking area, sign or other structure
shall be arranged so as to deflect light down and/or away
from any adjoining residential district and shall not detract
from driver visibility on adjacent streets."
c. The final site plan shall show parking in compliance with
Section 18.50.120, which states that the applicant shall
provide two parking spaces for each service stall, but no
. less than four (4) spaces. In addition, the applicant shall
provide one (1) disabled accessible parking space in order to
meet ADA requirements. The configuration of the off-street
parking shall comply with the requirements of Section
18.50.120 of the zone code unless a deviation or variance
is applied for and granted. This includes parking stall
dimensions, drive aisle widths, lot surfacing and curbing.
d. The final site plan shall include all signs proposed for the
project. All signage shall comply with Section 18.65 of the
Bozeman zone code and shall be reviewed and approved by
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Administrative Design Review staff for compliance with the
Design Objectives Plan before final site plan approval.
2. The location of the existing water and sewer mains shall be properly
depicted on the final site plan, as well as nearby fire hydrants.
3. The Water/Sewer Superintendent must approve the location of the water
. service inside the building.
4. The location of the curb stop/box must be shown on the landscape and
site plans.
5. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for
a system designed to remove solids, silt, oils, grease, and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and
discharge calculations, and discharge structure detail), storm water
discharge destination, and a storm water maintenance plan.
6. Sewer and water service lines shall be shown on the final site plan and
_ approved by the Water/Sewer Superintendent. The applicant shall
complete City Of Bozeman applications for service. The water service
shall be tapped into the water line east of the property and not to the
water line in Oak Street.
7. The drive approach shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb)
and shown as such on the final 'site plan. A City Curb Cut and Sidewalk
. permit shall be obtained prior to final site plan approval.
8. City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along both street
frontages. Minor deviations from the standard location will be acceptable
to allow for the connection' of the sidewalk to the existing pedestrian
ramps and to avoid conflicts with the existing fire hydrant. The City
Engineer must approve any deviation to the standard alignment or location.
If the sidewalk is located outside of the right of way, an easement shall
be provided to allow for public access to the sidewalk.
9. Typical curb details (i.e., raise and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer. Concrete curbing shall be provided around the entire new
parking lot perimetar and adequately identified on the final site plan.
10. Any floor drains proposed for the building interior shall be shown on the
final site plan. 'Floor drains located in a vehicle accessible area shall be
provided with a City standard grit/oil separator approved by the City
Engineer.
11. All existing utility and other easements must be shown on the final site
. plan.
12. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property (unless a snow storage easement is
obtained for a location off the property and filed with the County Clerk
and Recorder's office.)
13. Drive approach and public street intersection sight triangles shall be free
of plantings which, at mature growth, will obscure vision within the sight
triangle.
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14. The address for this property will be 651 West Oak Street due to the
configuration of the entrance for the proposed business.
15. Two additional "Exit Only" signs shall be installed to discourage traffic
from traveling the wrong direction on the one way drive aisle. One sign
shall be installed on the northeast corner of the building and the second
one in the landscape island to the north of the building.
. 16. The applicant's professional engineer or architect shall certify in writing
that the required on-site improvements have been installed according to
the approved final site plan, prior to issuance of an Occupancy Permit by
the Building Department. Required on-site improvements which may be
financially guaranteed prior to issuance of an Occupancy Permit may
include landscape, landscape irrigation, fences, project identification signs,
refuse screening, or other. improvements approved by the DRC. The
decision on improvements that may be financially guaranteed shall be
based on a finding that unsafe or hazardous conditions will not be created
or perpetuated without the installation of certain improvements, or that
the property will not have an unacceptable adverse impact on adjoining
properties until such improvements are installed.
17. The applicant's professional engineer shall certify in writing that the rough
finish grade, including retention/detention ponds, has been installed
according to the approved final site plan and site grading plan, prior to
issuance of an Occupancy Permit by the Building department. Rough
finish grade means the finished grade exclusive of sod, turf or topsoil for
seeding.
18. The project shall be constructed as presented by the applicant, and as
. approved and conditioned through this review. Any modification 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 zone code.
19. 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.
20. That all of the special conditions shall constitute restrictions running with
the land use, 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
conditional use. All of the special conditions shall be agreed to in writing
by the applicant.
21. All conditions specifically stated under this approval shall apply- and be
adhered to by the owner of the land, his/her successors or assigns.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
Preliminarv vlat - Harrington Bottlina 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.
MPM. into two lots (32550 Frontaae Road) (P-9857)
This was the time and place set for review of the preliminary plat, as requested by
Harrington Bottling Company under Application No. P-9857, to subdivide a 12.249-acre lot
described as Lot 2, Minor Subdivision No. 71, located in the SE~, Section 9, and the NE~,
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Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, into two lots. The
subject property is located at 32550 Frontage Road .
Acting City Manager/Staff Attorney Cooper noted that, distributed just prior to the
meeting, was a memo, dated February 1, 1999, forwarding a recommended Condition No.5;
and stated that the applicant received a copy of this proposed additional condition this
afternoon. He then indicated that this condition is forwarded in light of CI-75 and stressed that
this same type of condition will be recommended for all preliminary plats, annexations and
. zoning proposals in the future.
Associate' Planner Joni Killebrew presented the staff report on behalf of Assistant
Planning Director Debbie Arkell. She stated that under this preliminary plat, the existing
12.249-acre lot will be subdivided into Lot 2A, containing 5.5 acres, and Lot 2B, containing
6.87 acres. She indicated that Lot 2A will house the existing Harrington Bottling Company
structure, and Lot 28 will be available for future development. She noted that the access to
both lots and water and sewer services will be from East Frontage Road.
The Associate Planner stated that staff has reviewed this application in light of the
criteria set forth in the code, and the staff's comprehensive findings are contained in the
written staff report. She indicated that the City*Courity Planning Board conducted the public
hearing on this application at the January 20 meeting and, following that hearing and
consideration of the criteria, the Planning Board concurred in staff's recommendation for
approval, subject to four conditions.
Mr. Steve Anderson, consulting engineer representing the applicant, stated the applicant
has not had time to react to the new condition as proposed by the Staff Attorney.
Acting City Manager/Staff Attorney Cooper suggested that, if Mr. Anderson wishes, he
may request that the Commission delay action on this preliminary plat for a period of two
. weeks and grant an extension of the deadline, so the applicant has an opportunity to evaluate
the recommended condition. Mr. Anderson responded that he will not request a delay.
Mayor Stiff noted that this application is the first one to be considered by the
Commission since the implementation of CI-75. He stressed the importance of recognizing that
the new condition will be imposed on future applications.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the preliminary plat, as requested by Harrington Bottling Company under
Application No. P-9857, to subdivide a 12.249-acre lot described as Lot 2, Minor Subdivision
No. 71, located in the SE~, Section 9, and the NE~, Section 16, Township 2 South, Range
6 East, Montana Principal Meridian, into two lots, subject to the following conditions:
1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations and the Uniform Standards for Final
Subdivision Plats, and be accompanied by all appropriate documents,
including certification from the City Engineering that as-built drawings for
public improvements were received, a platting certificate, and all required
and corrected certificates. Two clothback (or equivalent) and mylar (or
equivalent) copies of the final plat must be submitted for final plat
approval, along with two (2) digital copies of the final plat, on a double
. sided, high-density 3 %-inch floppy disk.
2. The following Certificates shall be corrected on the final plat: a) the
Certificate of Consent, to use the correct owner's name -- Harrington
Bottling Co. -- per the Platting Certificate; and b) amend the Treasurer's
Certificate to eliminate the reference to "or C.O.S.".
3. The final plat must show utility easements, existing and proposed, and the
utility statement per Section 16.14.050.B, Bozeman Area Subdivision
Regulations.
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4. A vvaiver of right to protest the creation of SIDs for improvements to East
Frontage Road shall be .filed with the final plat.
5. The applicant shall comply with Article VIII, Section 17, of the Montana
Constitution (CI-75), insofar as .it may be found applicable to this
application, and shall pay any and all costs and expenses associated with
any election or other cost borne by. the city deemed necessary for such
compliance.
. Prior to final plat approval, the landowner shall sign a hold harmless
agreement indemnifying the City of 80zeman against any liability, claim,
judgment, cost (including attorney. fees and interest) or damage on
account of any refund of revenue adjudged to be collected in violation of
Article VIII, Section 17 of the Montana Constitution (CI-75) and further,
against all claims, liability, costs, and expenses associated with holding
an election or arising out offailure to hold an election pursuant to CI-75.
The City Attorney's Office shall review and approve the Hold Harmless/
Indemnity Agreement.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Preliminarv Plat - 360 Ranch Corporation. et al. - subdivide 241 .7:f: acres in COS 1 005B and
COS 1005C into 10 lots and Bronken Park: variances from Sections 16.16.070. 16.14.030
and 16.14.040.A. of the Bozeman MuniciDal Code. to not construct Dortions of streets. to
allow block length to exceed 1.200 feet and to notreauire installation of sidewalks (P-9856)
This was the time and place set for review of the preliminary plat, as requested by 360
. Ranch Corporation, a Nevada Corporation; Chuck Reid or Gerald Wing as Nominee of Burnt
Leather Ranch; East Nine Corporation; Mobile Nine Corporation; and NW Ten Corporation under
Application No. P-9856, to subdivide 241.7:t acres in Certificate of Survey Nos. 10058 and
1005C, located in the Northeast one-quarter and the Southeast one-quarter of Section 9 and
the Northwest one-quarter and a portion of the West one-half, Southwest one-quarter of
Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into ten tracts for
further development and Bronken Park. The subject property is more commonly located west
of Ferguson Road, north of West Babcock Street and south of Durston Road. In conjunction
with this application are requested variances from Section 16.16.070, to not construct
Cascade Street from Ferguson Avenue west through the subdivision, and to not construct West
Babcock Street from Cottonwood Road to the west boundary of the subdivision; from Section
16.14.030, to allow the blbck length to exceed the 1,200-foot maximum; and from Section
18.14.040.A., to not construct sidewalks on the public streets adjacent to and within the
subdivision.
Included in the Commissioners' packets was a letter from Morrison-Maierle, consulting
engineer representing the applicant, dated January 14, 1999, requesting that consideration of
this application 'be continued to February 16 and granting an extension for consideration of the
preliminary plat
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
. review of this preliminary plat be continued to February 16, per the applicant's request. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
Discussion - Recreation and Parks Advisorv Board recommendations for eXDenditure of $75.000
budaeted for Dark improvements
Included in the Commissioners' packets was a memo from Recreation Superintendent
Sue Harkin, dated December 5, 1998, forwarding the Recreation and Parks Advisory Board's
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recommendations for expenditure of the $75,000 for park improvements in'the Fiscal Year
1997-1998 budget.
Recreation Superintendent Harkin reminded the Commission that, beginning in Fiscal
Year 1998, $75,000 is to be budgeted annually u'nder the capital improvement program for
park improvements. She stated that the recommendations under consideration at this time are
for the Fiscal Year 1998 monies. She reviewed the process which the Board followed in
soliciting applications, the tabulation of the applications received, the criteria by which the
. applications were evaluated and the listing of
Board recommendations. Those
recommendations include:
Bronken Park (previously approved) $20,000
Westlake Park
18,200
Recreation Complex
1 5,000
Bozeman Ponds
1 0,000
Cooper Park
8,000
Valley Unit Park
'3.800
~75.000
The Recreation Superintendent stated that the process worked well for the Board, which
developed these recommendations at its December meeting. She noted that the application
form has been revised, although the criteria for evaluating the applications will remain the
same. She indicated that the applications for the Fiscal Year 1998-1999 monies -are due by
March 1; and on March 4, the Board will evaluate and rank those applications. The
recommendations will then be forwarded to the City Manager and the City Commission. She
then stated that, for Fiscal Year 1999-2000 monies, the applications will be available on
September 1, and the closing date will be November 1. The applications will then be submitted
to the Board for consideration at its December 1999 meeting. She indicated that, as monies
. continue to be available in the budget, a January 1 timeline will be followed for all future years.
The Recreation Superintendent noted that matching monies from other funding sources
and user group commitment are key components of successful applications. As a result, she
stated that the City will realize a significant increase in the amount of park development that
can be undertaken for the monies available. She concluded by noting that the successful
groups will not re-ceive the monies; rather, they must submit bills for work completed and the
City will pay those bills, up to the amount approved.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
Commission approve the projects for Fiscal Year 1997-1998 monies for park improvements as
listed above. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those
voting No, none.
Continued Dublic hearina - COA with deviations from Section 18.50.060.C.1. 18.65.070.8.2
and 18.65.130. Bozeman MuniciDal Code. to allow construction of 24-foot bv 24-foot canODV
over DumD island that encroaches 9 feet into 15-foot corner side yard setback. wall signaae
totalling 18.15 sauare feet more than allowed. and low Drofile freestandina sign within vision
triangle on Lots 15-18. Block 51. West Park Addition - David and Janette Rutledae for Me &
Jan's. 919 West Colleae Street (Z-98198)
. This was the time and place set for the continued pUblic hearing on a Certificate of
Appropriateness with deviations from Section 18.50.060.C.1, 18.65.070.8.2 and 18.65.130
of the Bozeman Municipal Code, as requested by David and Janette Rutledge for Me'and Jan's,
under Application No. Z-98198, to allow construction of a 24-foot by 24-foot canopy over a
pump island that encroaches 9 feet into the 15-foot corner side yard setback, wall signage
totalling 18.15 square feet more than allowed, and a low profile freestanding sign within the
vision triangle on Lots 15 through 18, Block 51, West Park Addition. The subject property is
more commonly located at 919 West College Street. -
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Included in the Commissioners' packets was a memo from Assistant Planning Director
Debbie Arkell, forwarding the applicant's request that this public hearing be continued to
February 16 so a. full Commission can be present.
Mayor Stiff reopened the continued public hearing.
It was moved by Commiss'ionar Frost, seconded by Commissioner Youngman, that the
public hearing be continued to February 16, per the applicant's request. The motion carried by
. the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Authorize Mavor to sign - Memorandum of Understanding for the Traffic and Pedestrian Safety
Committee; acceot ByLaws as drafted
Included in the Commissioners' packets was a memo from Ralph Zimmer, Acting Chair
of the Pedestrian/Traffic Safety Committee,' forwarding copies of the Memorandum of
Understanding and ByLaws for the Traffic and Pedestrian Safety Committee, as prepared by
the committee.
Commissioner Smiley questioned the use of the term "directors" and suggested that it
be revised to "members".
Commissioner Frost suggested that the Commission authorize the Mayor to sign the
Memorandum 'of Understanding and accept the ByLaws with the condition that the term
"directors" be changed to "members" if the change does not conflict with State statutes.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission authorize the Mayor to sign the Memorandum of Understanding for the Traffic and
~ Pedestrian Safety Committee, as amended to change "directors" to "members" if State law
does not prohibit the change; and accept the ByLaws as drafted. Thei motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
--- .'
Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
Ordinance No. 1486 - amendina Section 2.28.040 of the Boz~man Municioal Code. oroviding
for revisions to the manner in which the comoensation of the City Judae is calculated
Previously distributed was a copy of Ordinance No. 1486, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMEND'ED
BY REVISING SECTION 2.28.040; PROVIDING FOR
REVISIONS TO THE
MANNER IN WHICH THE COMPENSATION. OF
THE CITY JUDGE IS
CALCULATED.
Mayor Stiff stated that he had no problem with adopting this ordinance on first reading,
but wanted to do some research prior to second reading. He noted that the Clerk of the
. Commission has pulled nearly all of the material together, and City Manager Johnson and City
Attorney Luwe have not been available to answer questions. As a result, he indicated that he
is not prepared to'vote on the ordinance today and requested that it be delayed for a period of
two weeks.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
Commission table the second reading of Ordinance No. 1486 for a period of two weeks, to give
staff an opportunity to complete research on this issue. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost,
Commissioner Youngman and Mayor Stiff; those voting No, none.
02-01-99
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Ordinance No. 1487 - amending the salarv of the City Judge for Fiscal Year 1998-1999
Previously distributed was a copy of Ordinance No. 1487, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1487
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, AMENDING ORDINANCE NO. 1476, WHICH ESTABLISHED THE
MONTHL Y SALARY OF THE CITY JUDGE OF THE CITY OF BOZEMAN FOR
FISCAL YEAR 1998-1999.
It was moved by Commissioner Frost, seconded by Commissioner Yo'ungman, that the
Commission table the second reading of Ordinance No. 1487 for a period of two weeks, to give
the staff an opportunity to complete research on this item. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman,
Commissioner Smiley and Mayor Stiff; those voting No, none.
Pledaed Securities as of December 31. 1998
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code
Annotated, Commissioner Frost and Commissioner Youngman have examined the receipts of
Depository Bonds and Pledged Securities held by the Director of Finance as s,ecurity for City
funds deposited in Bozeman banks.
Commissioner Youngman reported that the inventory of Depos~tory Bonds and Pledged
Securities was found to be in order.
. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the Pledged Securities as of December 31, 1998, listed as follows:
DEPOSITORY BONDS AND SECURITIES
DECEMBER 31, 1998
RATE MATURITY RECEIPT NO.
TOTAL AMOUNT
AMERICAN BANK - Bozeman
Federal Deposit Insurance 'Corporation $
1 00.000.00
Sub-total - FDIC $' 100,000.00
Trusteed with American Bank, N.A.:
U.S. Treasury Note 7.00 04/15/1999 80775 $
200,000.00
Federal Nat'l Mortgage Assn 8.55 08/30/1999 182008672
100,000.00
Federal Home Loan Bank 5.45 02/25/2000 243001736
1,500,000.00
. Federal Home Loan Bank 5.68 08/24/2000 303001835
1.200,000.00
Sub-total - Trusteed bonds and securities' $ 3.000.000.00
TOT AL - American Bank - Bozeman $ 3,1
00.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C,A., have this day certified the receipts of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as'security, for the
02-01-99
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deposit for the City of Bozeman funds as of December 31, 1998, by the banks of Bozeman and
approve and. accept the sam~.
ALFRED M. STIFF, Mayor
. JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner
SANDRA L. SMILEY, Commissioner MARCIA B. YOUNGMAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
Discussion - Commissioner Droiects
None of the Commissioners forwarded any' comments under this agenda item.
Discussion ,- FYI Items
Acting City Manager/Staff Attorney Cooper presented to the Commission the following
"For Your Information" items.
. (1 ) Copy pf a letter from GalaVan to City Manager Johnson, dated January 20, 1999,
forwarding statistical information on their program.
(2) Invitation to attend the Brown Bag Lunch seminar sponsored by the City-County
Health Department, to be held at noon on Monday, February 8, at the Courthouse.
(3) Listings of the House Bills and Senate Bills being monitored by the Montana
League of Cities and Towns, and the status of those bills.
(4) Agenda for the Drug Court Planning Coalition meeting which was held at noon
on Thursday, January 21, at the Courthouse.
(5 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, February 2, in the Commission Room:
(6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, February 2, in the Commission Room.
(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
February 2, at the Courthouse.
. (8) Clerk of the Commission Sullivan submitted the following. (1) Reported on the
Montana l'eague of Cities and Towns board meeting held in Helena on Friday, as well as the
meeting with Governor Racicot. (2) Announced that five applications for the Deputy Clerk of
the Commission position have been received.
(9) Commissioner Youngman announced that the hearing on SB277, the housing trust
fund, is scheduled before the Local Government Committee on Thursday. She noted that this
is one issue -for which the Commission had previously expressed support, and suggested that
a brief statement to the local legislators who serve on that committee could be beneficial.
02~01-99
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Consent Items
Acting City Manager/Staff Attorney Cooper presented to the Commission the following
Consent Items.
Concur in Mayor's 'Droclamation - "Recognition of Bozeman High Marchina Band"
. Grant one-year extension for Dreliminarv Dlat for Suiter Minor Subdivision. three-
lot subdivision on East Lincoln Street. near its intersection with South
Rouse Avenue. to Februarv 15. 2000 (P-9602)
Authorize Acting City Manaaer to sian - AcceDtance of Sewer and Water PiDeline
and Access Easement and Aareement - Sunrise DevelODment. LLC. - on
lot 1. Block 2. North Meadows Subdivision. Phase I
Claims
It was moved by Commissioner Smiley, 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 Smiley, Commissioner Frost, Commissioner
Youngman and Mayor Stiff;' those voting No, none.
Adjournment - 3:38 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 and Mayor Stiff; those
voting No, none._
~~~
ALF M. STI FF, Mayor
ATTEST:
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02-01 ~99