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HomeMy WebLinkAbout1996-12-16 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 16, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 16, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, 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 - November 25. December 2 and December 9. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meeting of November 25, 1996 be approved as amended and that the minutes . of the meetings of December 2 and December 9,1996, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Presentation of annual reDort for the Bozeman Public Librarv for Fiscal Year 1995-1996 - Ron Farmer. Chair. Librarv Board of Trustees Mr. Ron Farmer, Chair of the Library Board of Trustees, distributed copies of the written annual report for the Bozeman Public Library for Fiscal Year 1995-1996, characterizing the year as "another year of challenge". He stated that the demands of the service area continue to increase each year. He noted that, with the implementation of new technologies . available, a more efficient delivery of services to patrons has resulted. I n the past fiscal year, circulation has increased over 13 percent. Also, through the use of the BridgerNet computerized system of cataloging materials, holds placed on materials have increased by 25 percent. Also, patrons are now able to renew books through the BridgerNet or through telephone calls to the Library because of the new system, 12-16-96 -.--- -- ---- ---.. - 2 - Mr. Farmer noted that, thanks to the support of the City Commissioners and many volunteers, the county-wide mill levy was successful. As a result of those increased revenues, the Library is now open from 1 :00 p.m. to 5:00 p.m. on Sundays and from 10:00 a.m. to noon on Mondays and Tuesdays. Additional staff has been hired to cover those additional hours of e service. City Manager Wysocki thanked the Library Board of Trustees for their efforts during this past year. Mayor Stueck also thanked the Library Board of Trustees for their commitment to the Library and for their efforts to ensure passage of the mill levy to support the libraries in the county. Decision - Zone Code Amendments - ChaDter 18.65 of the Bozeman MuniciDal Code. the sign code This was the time and place set for the decision on the comprehensive amendments to Title 18 of the Bozeman Municipal Code, as initiated by the City Commission under Application No. Z-9663, pertaining to Chapter 18.65, the City's sign code. . Included in the Commissioners' packets was a memo from Project Planner Christopher Williams, dated December 4, forwarding the most current version of the proposed sign code. Project Planner Christopher Williams briefly highlighted the information forwarded in the Commissioners' packets, noting this is not a new issue. He reminded the Commission that earlier this year, staff was directed to simplify the existing sign code and, in fact, the proposal before the Commission reduces the existing 37-page sign code to 15 pages. Almost all of the dimensional regulations have remained the same as in the previous code, including setbacks, height and size limitations. One exception is that the permitted sign area for a freestanding sign has been increased from 28 square feet to 32 square feet. The Project Planner stated the most controversial amendment to the sign code is a . proposal under which previously permitted non-conforming signs would be grandfathered, as found in Section 18.65.190. Under this provision, under certain circumstances, changes could be made to those signs which would make them less non-conforming without bringing them into full compliance with code requirements. He noted that, as a result of conversations which the Mayor has initiated with various business owners, several have volunteered to bring their 12-16-96 u_.. ----- ______._,,_.___u _n_._._._.__ - 3 * signs more into compliance with the sign code requirements, including Van's IGA, City Center Motel, Lewis and Clark Motel, U-Haul, Cats Paw, JC Billion, Kentucky Fried Chicken and Serv- Ur-Self Furniture. The Project Planner stressed that any site modification which requires a Certificate of Appropriateness, site plan review or re-use of the site will trigger the requirement . that all signage be brought into compliance with the sign code. Project Planner Williams stated that, at Commissioner Youngman's request, alternative language for Section 18.65.190 has been provided. With such language, the sign amortization would remain in place, under which all non*conforming signs must be brought into full compliance with the sign code. He stressed that, no matter which Section 18.65.190 is selected, the sign code is designed to ensure that Bozeman remains a beautiful place in which to live. The Project Planner forwarded revisions to Sections 18.65.190.C. and D., as proposed by City Attorney Luwe. He suggested that at the end of C, the following be added: "(except as provided in Section 18.65.190.D.)". Also, in D, eliminate the last sentence, which reads: "Such signs will not be entitled to Section 18.65.190.C." He noted that these revisions will . clarify the intent of those two sections. Mayor Stueck noted that the public hearing on the proposed sign code has been held and closed, and the revisions being considered at this time are the result of input received during the hearing. Responding to Mayor Stueck, City Attorney Luwe stated that, prior to making a decision on the proposed sign code amendments, the Commission must determine which Section 18.65.190 it wishes to include and, if it is the first one, whether it wishes to incorporate the changes just forwarded by Project Planner Williams. He then stated that, once the Commission has made its decision, staff will prepare an ordinance enacting the amendments, for Commission adoption. Commissioner Youngman stated that she supports everything in the proposed revisions . except Section 18.65.190, noting that the revised document is much simpler and easier to understand. She indicated that she cannot support a mid-stream change in which the sign code is enforced, characterizing it as "changing the rules of the game at halftime", and stating she feels that such a change is unfair to those businesses who have brought their signs into compliance with the code. 12-16-96 ....---- ----------....-. .- -... --.--- - 4 - Commissioner Frost characterized the revised sign code as a great improvement over the existing code. He stated however, that because of the fairness issue, he cannot support Section 18.65.190 as written and, therefore, will not support adoption of the revised document even though he supports 99 percent of the changes. . Mayor Stueck complemented Project Planner Williams for "a job well done". He stated that the revised code, as proposed, will eventually result in full compliance with the sign code, although not as quickly as under the previous code. He noted, however, that the revised code will allow staff to work with business owners to bring signs more into compliance without full compliance being required immediately. Because of that, he indicated that some business owners are willing to make some changes in their signage that might not otherwise occur. Commissioner Stiff recognized the efforts of Zone Code Enforcement Officer Roy Beall, Project Planner Christopher Williams and Mayor Don Stueck to create a sign code which is workable. He noted that their meetings with business owners in the community have resulted in a change in attitude which he feels is of great benefit. Commissioner Rudberg stated her support for the proposed sign code. She noted that . in 1990, the work of the task force was thrown out and the existing sign code written, which she feels was unfair. She stated that this revised code is more in line with the task force recommendations, and she feels it is appropriate to adopt it. It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission approve the comprehensive amendments to Title 18 of the Bozeman Municipal Code, as initiated by the City Commission under Application No. Z-9663, pertaining to Chapter 18.65, the City's sign code, with the basic language for Section 18.65.190, and with the amendments to C. and D., as just forwarded by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Youngman and Commissioner Frost. . Acclications for Renewal of Beer. Wine and liauor Licenses for Calendar Year 1997 This was the time set for renewal of the Beer, Wine and liquor Licenses for Calendar Year 1997. A total of 34 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: 12-16-96 -.---..-- --.-....-...--..... ____.___n_ - 5 - APPLICATIONS FOR BEER, WINE AND LlaUOR LICENSES CALENDAR YEAR 1997 APPLICANT BEER WINE LIQUOR TOTAL Banana Bay Bar & Grill 2825 West Main Street $ $ $ 500 $ 500 . Bozeman Town Pump, Inc. dba Town Pump 2607 West Main Street 200 200 400 Bridger Bar-B-Q/ Montana Fats 101 East Main Street 200 200 400 Buttrey Food and Drug Company 2825 West Main Street 200 200 400 Casa Sanchez Restaurant 719 South 9th Avenue 200 200 400 Chalet Market of Montana 2825 West Main Street 200 200 400 Colombo's Pizza & Pasta 1003 West College Street 200 200 400 . The Crystal Bar, Inc. 123 East Main Street 500 500 F.O.Eagles Aerie No. 326 316 East Main Street 500 500 B.p.a.Elks 463 106 East Babcock Street 500 500 Finch Foods, Inc. dba Heeb's East Main Grocery 544 East Main Street 200 200 400 Golden Goose Casino 726 North 7th Avenue 200 200 400 GranTree Conoeo 1325 North 7th Avenue 200 200 400 The Great China Wall 525 Professional Drive 200 200 400 . JW's Hide-A-Way Lounge, Inc. 1631 West Main Street 500 500 Joe's Parkway 903 West College Street 200 200 400 Kagy Korner, Inc. 1809 South Tracy Avenue 200 200 400 12-16-96 -- -... --- - .-.-..-.-.-..--- .-----.-.---.- - 6 - APPLICANT BEER WINE LIQUOR TOTAL KO's Club 1332 East Main Street 500 500 Lewis & Clark 824 West Main Street 200 200 400 . Little John's Bar, Inc. 515 West Aspen Street 500 500 Montana Pizza, Inc. dba Godfather's Pizza 200 South 23rd Avenue 200 200 R & N Corporation dba Bozeman Hotel 500 500 The Rocking R Bar 211 East Main Street 500 500 ROI Enterprises, Inc. dba Pizza Hut 2300 West Main Street 200 200 Safeway, Inc. #289 901 West Main Street 200 200 400 Story Distributing Co. . dba 1-90 Exxon 1420 North 7th Avenue 200 200 400 Story Distributing Co. dba Story Exxon 1211 East Main 200 200 400 The Bay, Inc. dba Santa Fe Reds 1235 North 7th Avenue 500 500 Town Pump East 803 East Main Street 200 200 Two Dogs, Inc. dba The Bozeman Bowl 414 East Babcock Street 500 500 Valley View Golf Club 302 East Kagy Boulevard 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 Total - 34 Applications $ 4.400 $ 3,800 $ 6,000 $14,200 12-16-96 - 7 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1997 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner . Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Adopt process for setting of goals for Fiscal Year 1997-1998 Included in the Commissioners' packets was a revised process, as prepared by City Manager Wysocki, in a memo dated December 10. The City Manager reviewed the revisions contained in Section II, in response to the comments forwarded by Commissioner Youngman at last week's work session. Commissioner Youngman stated that, as long as the Commissioners agree that they will discuss the goals forwarded and the possible combining of goals, the proposed language is acceptable. She noted that, based on the discussion at last week's work session, it appears the Commissioners are willing to do so. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the process for setting of goals for Fiscal Year 1997-1998, as contained in the City Manager's memo dated December 10, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg,Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Appointments to Board of Adjustment Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated December 12, forwarding the list of applicants for the various boards and commissions. Mayor Stueck noted that, distributed just prior to the meeting, was a memo from the . Clerk of the Commission, dated December 16, forwarding a list of four applicants whose applications were received after the deadline. He stated the Commission must determine whether it wishes to consider those four applications in this process or wishes to direct the Clerk of the Commission to readvertise. 12-16-96 -.--- - --- - 8 - Each of the Commissioners, in turn, expressed a desire to consider the four additional applications in this appointment process. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission reappoint Morris Jaffe to a three-year term to expire on December 31, 1999, and . appoint Jennifer Smith Mitchell to replace Frank Boschi, with a term to expire on December 31, 1998, on the Board of Adjustment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. The Commission recognized that one position remains open on the board, as of January 1, 1997. ADDointments to Board of ADpeals No applications were received for this board. ADDointments to Bozeman Area Bicvcle Advisorv Board . It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission reappoint John B. Gallagher 1\ and John Preston and appoint David Knox to replace Russell Johnson and Jennifer M. Plumley to replace Richard P. Wharton on the Bozeman Area Bicycle Advisory Board, with one-year terms to expire on December 31, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Frost, Commissioner Rudberg and Mayor Stueck; those voting No, none. The Commission recognized that one position remains open on the board, as of January 1, 1997. ADDointments to Cemetery Board . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Robert Evans and Norm Thurston to the Cemetery Board, with three-year terms to expire on December 31, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 12-16-96 ---- - ------ ---- - - .-.-.-.--.---..--- - 9 - ADDointments to Desian Review Board It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that, in light of the new composition of the Design Review Board, effective January 1, 1997, the Commission confirm the membership on the Design Review Board and expiration dates, as . follows: Cliff Chisholm Architect 06-30-97 Mara-Gai Katz Architect 06-30-97 Rich Noonan Architect 06-30-97 Walt Willett Architect 06-30-98 Paul Gleye Architectural Historian 06~30-98 Roger Cruwys Landscape Architect 06-30-98 Ed McCrone Non-professional 06-30-98 Kim Walker Non-professional 06-30-97 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. ADDointment to Pedestrian/Traffic Safety Committee It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission reappoint Donald K. Weaver, Jr., to the Pedestrian/Traffic Safety Committee, with a two-year term to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. ADDointments to City~Countv Plannina Board It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission reappoint James Devitt and William Mitchell to the City-County Planning Board, with two-year terms to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, . Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. ADDointments to Recreation and Parks Advisory Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Anne Banks, Joanne Jennings, Robert Lee and Laurita Vellinga, with 12-16-96 ------ ..-.. --.-.----...- - 10- three-year terms to expire on December 31,1999, and appoint Cyndi Crayton to replace James R. Fisher, with a term to expire on December 31, 1997, on the Recreation and Parks Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and . Mayor Stueck; those voting No, none. Appointments to Senior Center Advisorv Board It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission reappoint Harvey A. Larson and Charles Stablein, and appoint John K. Austin to replace Shirley A. Cudney on the Senior Center Advisory Board, with two-year terms to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. ApDointment to Tax Increment Financina Industrial District (TIFID) Board . No applications were received for this board. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from the City-County Planning Board to the City Commission and the County Commission, dated December 10, requesting that improvements to West Babcock Street be made a top priority item. (2) Letter from the City-County Planning Board to the City Commission and the County Commission, dated December 11, providing a status on the North 19th Avenue/West . Oak Street corridor master plan amendment. (3) Copy of draft Ordinance No. 1435, providing for amendment of the definition of "casino" under an emergency interim zoning ordinance. (4) Copy of a letter from Engineering Aide Andy Kerr, dated December 9, to property owners along Main Street and Wallace Avenue, notifying them of an extended "no parking zone" along the south side of East Main Street. 12-16-96 -- . - -.----- .--. ---.------ - 11 - (5 ) Letter from T. Crawford Enterprises, dated December 6, stating objection to the manner in which the Haynes Building was recently sold. (6) Copy of a letter from H. Dean Ridgway, Rae Subdivision County Water and Sewer District, to City Manager Wysocki, dated December 9, regarding development of a long- . term wastewater disposal facility site in the Four Corners area. (7) Copies of the minutes from the Parking Commission meetings held on October 10 and November 14, 1996. (8) Transportation Projects Status Update for December 1996, as prepared by City Engineer Craig Brawner. (9) Letter from Lisa Lotte Hardiman, dated December 16, expressing concern about Oak Street becoming a truck route. Commissioner Youngman noted that the standard response to this letter does not seem adequate, suggesting that the Commission seek staff input in drafting a letter. She recognized that the extension of West Oak Street between North 7th Avenue and North 19th Avenue is a State project, however, she noted the residents of Covered Wagon Mobile Home Park have . been greatly inconvenienced. (10) Proposed ordinance regarding licensing of emergency medical transportation services in the city. City Attorney Luwe stated that this ordinance will be placed on the January 6 agenda for provisional adoption. He noted that it is based on the ordinance which was adopted by the City of Billings, and is intended to ensure that any provider of emergency medical transportation services in Bozeman will have adequate staff and equipment to provide an appropriate level of service. (11 ) Agenda from the Development Review Committee for the meeting to be held at 10:00 a.m. on Tuesday, December 17, in the Commission Room. . (12) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, December 17, in the Commission Room. (13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 17, at the Courthouse. (14) The City Manager submitted his weekly report, as follows. (1) Announced that, per ordinance provisions, staff has calculated the adjustment for the impact fees for 12-16-96 ----.... ,..- -.--..-- --..-- ... - -.-.. - ----.----- - --- .... .--.----------- .--.--- .----.. -.-... - 12 - Calendar Year 1997. He noted that the adjustment, which is based on the CPI for Calendar Year 1995, is 2.83 percent. (2) Stated that thirteen firms submitted statements of qualifications for the Sourdough Dam project. (3) Announced that several staff members will make presentations at Leadership Bozeman on Thursday, since the program is on local . government. (41 Stated that 30+ parking spaces in the lot for the old hospital are now available for monthly lease through an agreement between the Parking Commission and the property owner. (5) Stated that the task force is currently reviewing proposals for 9-1-1 equipment and will be forwarding a recommendation to the administrative board for consideration. The board's recommendation will then be forwarded to the City Commission and County Commission for concurrence. He cautioned that the proposals contain amounts higher than what has been budgeted. (6) Stated that Neighborhood Coordinator/Grantsperson James Goehrung has sent out letters to all communities in the County to see if there are any projects for which monies could be sought through the Rebuild America program. (15) The City Manager stated that the recommendation for award of the bid for expansion of the Senior Center includes a request that the Commission consider award of the . alternate for change out of the lighting, and that the City bear the expense. He indicated that if the Commission wishes to consider this request, it must request the item be placed on an upcoming agenda. Commissioner Stiff stated that Judy Morrill, Director of the Senior Center, has indicated the payback shown in her memo is inaccurate. Commissioner Rudberg asked if monies through the Rebuild America program could be used for this proposed lighting change-out. ( 16) At the City Manager's request, City Engineer Craig Brawner provided an overview of the meeting with County staff members last Friday regarding sewering of the Fairgrounds property. He stated the sewer issues seem to revolve around three scenarios-- immediate sewer service for the ball park and rifle range, near long-term needs resulting from . the construction of a new County shop facility, possibly including an office building, and long- term sewer needs for the Fairgrounds property. He noted that the County staff members were assured that several different options for providing sewer to this property are available, including those forwarded during last week's work session plus possible service from an existing 14-inch sewer main in Birch Street. He stated that City staff also encouraged the 12-16-96 .-.. .-- .-.---..-- ...-..-.--- .--- ------..----- -.-...... _. n. ___.__...__...._..__ __ - ...__n__.__..._ ___ _.. ._..._._ ---- . - 13 - County to retain a consultant to do cost effective evaluations on the various options, considering both immediate and long-term needs, balancing immediate expenditures with long- term expenditures to determine the best way in which to proceed. He indicated that County staff members have been talking to representatives from the Montana Department of . Transportation about a possible easement across their property to provide access to the sewer main in North Rouse Avenue. He concluded by stating that, given the alternatives which have been identified, it is not necessary to include sewer in the Oak Street project. He then stressed that, in light of this fact, right-of-way acquisition for the street should be kept separate from sewer issues. He reminded the Commission that they may be asked to consider the vacation of some existing rights-of-way in exchange for new right-of-way dedications. Responding to questions from Mayor Stueck, City Engineer Brawner stated he does not feel it would be practical to consider paybacks in conjunction with right-of-way acquisition, although they could be considered for the improvements. He indicated that the Impact Fee Coordinator must address the issue of whether credits could be given for impact fees. Commissioner Stiff noted that a nice precedent for dedicating of right-of-way was set . with the new North 19th Avenue alignment. He suggested that, since this new roadway will greatly benefit privately-owned land, the property owners should be encouraged to follow that example. City Manager Wysocki noted that the final design for the roadway can be completed and, if the City encounters a lack of cooperation in the acquisition of right-of-way, the project could be placed on hold. Mayor Stueck noted that, with existing rights-of-way, alternatives for alignment still exist, including a southward turn on North Tracy Avenue to Tamarack Street instead of the proposed extension to North Rouse Avenue. (17) Commissioner Frost stated that he attended the Historic Preservation Advisory . Commission meeting last week. He thanked Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, for the Chamber's $2,000 contribution toward republishing of the historic district maps. ( 18) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee and Design Review Board meetings on Tuesday. (2) Attended the focus group meetings on children and affordable housing last week. (3) Attended the grand opening 12-16-96 ---------- ----- ...-.-...---.- . - - --- -- --------- ______._ .u. u_""... ._ - 14 - of the airport on Wednesday. (4) Attended the US West Communications luncheon at noon today, and met the new Vice President for Montana. (5) Asked if a meeting with the County Commission regarding the right-of-way for West Babcock Street will be scheduled on a future agenda. . (191 Commissioner Rudberg suggested 1hat an information sheet be given to everyone who comes in to renew dog and cat licenses, reminding them of regulations pertaining to pets. She indicated that a conversation with Cindy Younkin revealed that those who signed the letter regarding dogs in the cemetery might volunteer to develop an information sheet. She noted that more information on that possibility will be available after the first of the year. (20) Commissioner Stiff submitted the following. (1) Attended the government taxation and economic development task force sessions last week. (2) Attended the grand opening of the airport on Wednesday. (3) Stated he has received many positive comments about the recent appointment of John Mandeville to the City-County Planning Board, particularly since he represents agricultural interests. (4) Attended an open house for the medical community at which Bill Mitchell served as master of ceremonies. . (21 ) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, announced that their annual luncheon will be held on January 16, with Governor Racicot as the speaker. He indicated that invitations will be sent to the Commissioners in the near future. (22) Mayor Stueck submitted the following. (1) Stated that he participated with Mr. David Smith in the recording of three spots which will air on television over the next week, on a program entitled "Breakfast with the Chamber". (2) Attended a meeting with representatives from the Gallatin Development Corporation and a business which will be locating in Bozeman in the near future. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3155 - certifvina delinauent annual and semi- annual assessments as of November 30. 1996 to the County COMMISSION RESOLUTION NO. 3155 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL 12-16-96 ...-..---- - 15 - ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1996, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONT ANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Commission Resolution No. 3156 - amending the ICMA Retirement Corooration . (lCMA RC) deferred comoensation Dlan. as established bv Commission Resolution No. 2575. for City Emolovees COMMISSION RESOLUTION NO. 3156 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, (EMPLOYER) AMENDING THE ICMA RETIREMENT CORPORATION (lCMA RC) DEFERRED COMPENSATION PLAN FOR ITS EMPLOYEES, AS ESTABLISHED BY COMMISSION RESOLUTION NO. 2575. Acknowledge receiot of reauest for extension of sewer service beyond city limits - Tract C-1 B - Euaene Graf III (5.992-acre site for new oost office alona north side of Baxter Lane west of North 19th Avenue) Authorize and direct staff to Droceed with riaht-of-wav acauisition and final design for extension of West Oak Street between North 7th Avenue and North Rouse Avenue. oer memo and oreliminarv desian submitted durina work session held on December 9 Award bid for expansion of Senior Center - Base bid olus Alternate 1 and Alternate 2, in total bid amount of $544.853.00 - Rotherham Coooer. . Inc.. Bozeman. Montana Reiect bid for 3/4-ton oickuo and 1-ton flatbed truck for Water Deoartment; authorize staff to rebid Authorize City Manager to sign - A9reement with Montana Wood Care for removal of snow and ice from Dublic sidewalks Acknowledge receiDt of oetition for creation of SID for oaving of West Beall Street aenerallv between North 23rd Avenue and North 25th Avenue - Ken LeClair for Willowbrook Condominiums Buildina InSDection Division reDort for November 1996 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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Recess - 4:03 o.m. Mayor Stueck declared a recess at 4:03 p.m., to reconvene at 7:00 p.m., for the 12-16-96 -.-- ".--.. --- --- ..---.-.. ---.---...---..---... -- -... - 16 - purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the . scheduled public hearing. Public hearing - COA with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman MuniciDal Code. to allow reDlacement and eXDansion of existina bedroom and bathroom on house which does not meet reauired setbacks. encroaching 2 feet into the reauired 8-foot side yard setback - south 58 feet of N E ~. Tract 12. Beall's First Addition - Lee and Janet Hermann for 503 North Rouse Avenue (Z-9695) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Lee and Janet Hermann, under Application No. Z-9695, to allow for the replacement and expansion of an existing bedroom and bathroom on a house which does not meet required setbacks. with the new addition encroaching 2 feet into the required 8-foot side yard setback on the south 58 feet of the Northwest one-quarter, Tract 12, . Beall's First Addition. The subject property is more commonly located at 503 North Rouse Avenue. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He noted that the written staff report had been included in the Commissioners' packets, and the background information on this application was reviewed at last week's agenda meeting. Under this application, the existing bedroom/bathroom addition is to be removed and replaced with a larger, more functional bedroom/bathroom. After its review of the application, staff forwarded a recommendation for approval, subject to the standard boilerplate condition and, following its review, the Design Review Board concurred in that recommendation. To date, no public comment has been received. . Mr. Mark Geissler, representing the applicant, was present to respond to questions. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Lee and Janet 12-16-96 -.-...-.-......-.-.-..---..--- ..---.---- -..--- .--.- .-. . - 17 - Hermann, under Application No. Z-9695, to allow for the replacement and expansion of an existing bedroom and bathroom on a house which does not meet required setbacks, with the new addition encroaching 2 feet into the required 8-foot side yard setback on the south 58 feet of the Northwest one-quarter, Tract 12, Beall's First Addition, subject to the following . condition: That the applicant shall obtain a building permit within one year of 1. Certificate of Appropriateness approval or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Adjournment - 7:01 c.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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. cJ)~ I /J~ DON E. STUECK, Mayor ATTEST: wtl 1~~ ROBIN L. SULLIVAN Clerk of the Commission . 12-16-96 - ...-.-- -.-- ..-...-.-.--- -...--.-- - .. ....._...."._.__n"._ ..___.