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HomeMy WebLinkAbout1996-12-02 Minutes, City Commission " '" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 2, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 2, 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 18. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meeting of November 18, 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. Mayor Stueck deferred action on the minutes of the meeting of November 25, 1996, to a later date. Application for Kennel License - Ellvn Murchv and Robert Kolesar. 506 North Bozeman Avenue - Calendar Year 1996 Included in the Commissioners' packets was a copy of the application for a Kennel License for Calendar Year 1996, as submitted by Ellyn Murphy and Robert Kolesar, 506 North Bozeman Avenue. Also included in the packets were copies of memos from Animal Control . Officer Connie Lien dated November 14 and November 26, 1996. Commissioner Rudberg indicated her willingness to support Animal Control Officer Lien's recommendation for approval, however, she suggested that two conditions be included. The first is to require that whenever the applicants leave their home for any length of time, the dogs be placed in a kennel or kept at the home of the person tending them, rather than left at 12-02-96 --------.. -- ..--.--- - 2 - an empty house. The second is to require that the kennel license apply only to the three existing dogs at the site, and any change in animals would automatically trigger review of the kennel license. She noted that two of the dogs are quite young; however, the labrador is old. She also asked that the Animal Control Officer be asked to discuss with the applicants the . possibility of using bark collars on their dogs. Responding to Mayor Stueck, City Attorney Luwe stated that the ordinance states that the Commission must approve or disapprove an application but does not specifically provide for approval with conditions. He noted, however, that the Commission has approved applications with conditions in the past, and the option of revocation after conducting a public hearing remains available. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the application for Kennel License, as submitted by Ellyn Murphy and Robert Kolesar, 506 North Bozeman Avenue, for Calendar Year 1996, subject to the following conditions: 1 . That the dogs not be left alone at the house for more than 24 hours; and . 2. That an application for a new kennel license be required if there is any change in the animals approved under this license. 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. Responding to Commissioner Rudberg, the City Manager indicated that he will ask Animal Control Officer Lien to discuss with the applicants the possibility of using bark collars on their dogs. ReQuest for Dermission to address Commission re DroDosed link in the "Main Street to the Mountains" trail system. to extend the Sourdough Ridge Trail from the southern boundary of . Burke Park to the intersection of Kagv Boulevard and South Church Avenue M Chris Bovd. Gallatin Vallev Land Trust Included in the Commissioners' packets was a letter from Chris Boyd, Gallatin Valley Land Trust, dated November 6, 1996, regarding a proposed link in the trail from the southern boundary of Burke Park to the intersection of Kagy Boulevard and South Church Avenue. Also 12-02-96 ._n.u______.__. ....._. .. ._.. - 3 ~ included in the packets was a memo from the Recreation and Parks Advisory Board, dated October 19, forwarding their approval of the proposed trail. Mr. Chris Boyd stated that this proposed trail link has been the topic of discussions over the past several years, noting it is also included as a conceptual link in the Parks, Open . Space and Trails Plan which the Commission adopted several years ago. He stated that this link will extend from the southern boundary of Burke Park, generally along the west edge of the ridge, to South Church Avenue and then along South Church Avenue to its intersection with Kagy Boulevard. Mr. Boyd stated that the proposed trail alignment will cross properties owned by the Graf and Simkins families, and the Gallatin Valley Land Trust has been working with them and the Recreation and Parks Advisory Board to develop an alignment that is satisfactory to both parties and that will provide an attractive trail system for those using it. He also noted that it will connect the ridge trail with the Francis Senska conservation easement and the wide sidewalk along Kagy Boulevard, thus providing access to either the Sourdough Trail or the Gallagator Linear Park. He stated that the Recreation and Parks Advisory Board has approved . of the alignment proposed, as evidenced by the memo in the Commissioners' packets. Mr. Boyd stated that the remaining Ida Street right-of-way dead ends at the south end of Burke Park and the eastern edge of the Simkins property, therefore, it provides no through access in that area. He noted that a previous request for street vacation was denied because it was anticipated that right-of-way could be used for a trail easement to provide the desired trail connection. He stated that the trail alignment reflected in this proposal is much preferable, since it is further removed from the houses and provides greater privacy for residents of the area while providing a more visually attractive experience for the trail users. He suggested that with this new alignment, the previous reason for denial no longer exists, and encouraged the Commissioners to give favorable consideration to vacation of that street right-of-way. Mr. Chris Boyd reviewed each of the ten terms listed in his letter of November 6 for . this proposed trail alignment. He stated that the trail alignment has been surveyed and flagged, so it is readily identified. He noted that a formal easement granting this trail alignment to the City must be prepared, suggesting that the City may wish to prepare that document. He noted that selecting a name for the trail must go through the proper process. He suggested that, no matter what name is chosen, recognition of the contribution by the Graf and Simkins families 12-02-96 ---------------------- - _. .._._______..n_ -----..-.-.....-..... - 4 - should be made at some point along the trail. He concluded by asking that the Commission give favorable consideration to including $3,000 in next year's budget for surfacing of the trail. He cited the City's contributions to surfacing of trails over the past few years, stating his appreciation for the City's cooperation in creating a network of trails through the community. . Mr. Tom Simkins stated he feels this proposed trail link is for the betterment of the community. He then encouraged the Commission to consider vacation of the Ida Street right- of-way, noting that Kenyon Drive has essentially eliminated the need for that street alignment. City Manager Wysocki thanked Mrs. Simkins and her late husband for their willingness to work with the Gallatin Valley Land Trust to provide an attractive and important link to the trail system. He then forwarded his support for vacating the Ida Street right-of~way in light of this new trail alignment. Mayor Stueck thanked the Simkins and Graf families for their contribution to the community and thanked Chris Boyd for his many hours of work on this project. Commissioner Rudberg thanked Mr. Boyd for his work on the trail system, stating it makes the community a better place in which to live. She then encouraged acknowledgement . of the Simkins and Graf families along the trail easement, stressing the importance of maintaining the community's history. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission accept the proposed alignment of the trail link and direct staff to prepare the necessary easement for the trail alignment, and encourage the property owners to submit a formal application for vacation of the Ida Street right-of-way in that area. 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. . ADDlications 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 the Calendar Year 1997. A total of 39 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: 12-02-96 - 5 - APPLICATIONS FOR BEER, WINE AND LlaUOR LICENSES CALENDAR YEAR 1997 APPLICANT BEER WINE LIQUOR TOTAL Albertson's Food Center #237 200 South 23rd $ 200 $ 200 $ $ 400 . American Drug Stores, Inc. dba Osco 1525 West Main Street 200 200 400 American Legion 225 East Main Street 500 500 Anaconda Molly Brown Corp. d ba Molly Brown 703 West Babcock Street 500 500 Baxter Hotel Corp. dba The Baxter, Rocky Mountain Pasta Co., The Bacchus Pub and The Robin Lounge 105 West Main Street 500 500 Bozeman Apple, Inc. dba Applebee's 1108 North 7th Avenue 500 500 . Bozeman Restaurant & Lounge, Inc. dba Cantrells Bozeman Holiday Inn 5 Baxter Lane 500 500 The Cannery Lounge 43 West Main Street 500 500 Cats Paw 721 North 7th Avenue 500 500 Community Food Co-op 908 West Main Street 200 200 400 Empire, Inc. dba Black Angus 520 West Mendenhall Street 500 500 The Filling Station 2005 North Rouse Avenue 200 200 400 . Gallatin Lounge Corp. dba Lucky Lil's Casino 2401 West Main Street 500 500 GranTree Lounge 1325 North 7th Avenue 500 500 12-02-96 - 6 - APPLICANT BEER WINE LIQUOR TOTAL Grape Expectations Wines & Deli 27 South Willson Avenue 200 200 400 Haufbrau, Inc. 22 South 8th Avenue 500 500 . Hilltop Co naco 1007 East Main Street 200 200 Hinky Dinky 5 Tai Lane 200 200 400 Holiday Stationstore #269 119 North 7th Avenue 200 200 400 Jackpot Casino 1801 West Main Street 200 200 400 Jackpot Casino East 915 East Main Street 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 Kwik-Way, Inc. 401 East Peach Street 200 200 400 Me and Jan's Mini Mart . 919 West College Street 200 200 400 Me and Jan's II 621 West Main Street 200 200 400 Mini Mart, Inc. dba Mini Mart #728 717 West College Street 200 200 400 Mini Mart, Inc. dba Mini Mart #729 1910 West Main Street 200 200 400 Mr. T's Sinclair 1310 North 7th Avenue 200 200 O'Brien's Restaurant 312 East Main Street 500 500 Panda Enterprises, Inc. 621 Bridger Drive 200 200 . Scoop Bar 712 West Main Street 500 500 Spanish Peaks Brewing Co., dba Black Dog Cafe and Ale House, Inc. 120 North 19th Avenue 200 200 400 12-02-96 -- - ----------------- ...----.. ..--.....--.-.. -".- m - 7 - APPLICANT BEER WINE LIQUOR TOTAL Spectator's Sports Bar and Grill 19 Tai Lane 500 500 The Store, Inc. 1210 East Main Street 200 200 400 . Town & Country Foods 219 North 19th Avenue 200 200 400 Van's IGA 912 North 7th Avenue 200 200 400 VFW Post No. 903 2005 North Rouse Avenue 500 500 West Main Exxon 920 West Main Street 200 200 The Wine Merchant 27 East Main Street 200 200 Total - 39 Applications $ 4.600 $ 4,000 $ 7.500 $16,100 The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that e 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 Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Commission Resolution No. 3154 - Drovidina for the sale of real DrODertv known as the "Havnes Building" , located at 801 North Wallace Avenue Included in the Commissioners' packets was a copy of Commission Resolution No. 3154, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3154 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, e MONTANA, PROVIDING FOR THE SALE OF REAL PROPERTY KNOWN AS THE "HAYNES BUILDING", LOCATED AT 801 NORTH WALLACE AVENUE. Also included in the Commissioners' packets was a memo from City Manager Wysocki, dated November 25, and information regarding the number of off-street parking spaces required for various types of uses. In addition, a letter from Claudia Foster, received on November 25, was submitted to the Commission. Distributed just prior to the meeting was a letter from \ 12-02-96 - 8 - Appraisal Services, received on December 2, forwarding additional information regarding the parking adjustment in the appraisal. The City Manager reminded the Commission that adoption of this resolution was tabled at the November 18 meeting, to allow staff an opportunity to further review the offer for purchase of the Haynes Building. . Responding to Commissioner Stiff, the City Manager stated that an original breezeway between the two buildings has been enclosed. He suggested that this area could possibly be opened up to create some on-site parking spaces; however, he cautioned that would not provide adequate parking to meet zone code requirements. He then stated that, since it will probably be important to retain access to the loading docks on the south side of the building, only one disabled parking space could be provided along East Aspen Street. Commissioner Stiff forwarded his appreciation for the additional information provided, noting it verifies that parking is a real variable, depending on the use of the building. Responding to Mayor Stueck, Commissioner Stiff affirmed that he was Mayor when this building was donated to the City. He then read the conditional restrictive covenant . included in the deed, dated September 19, 1998, which states: "That the City of Bozeman shall utilize the facility for the preservation of City and/or other records of historical and/or practical value and/or for storage for the police department and/or other police activities and/or for economic development possibilities for small businesses and/or for educational and/or recreational activities and/or for other and varied governmental or proprietary functions for a period of five years. Five years from the date hereof this conditional restrictive covenant shall be of no further force or effect, and the City shall be free to use the property or dispose of it as it sees fit." Responding to Mayor Stueck, the City Attorney confirmed that there are no restrictions on this subject property at this time. Commissioner Rudberg stated that, rather than having the monies from the sale of this property go into the General Fund, she feels they should be set aside for a purpose to be . designated by the Commission after the sale of the property is completed. Commissioner Stiff stated he cannot support selling the subject property as proposed in this resolution. He indicated, rather, he feels it would be more appropriate to go through the bidding process, noting that contacts from constituents reveal that they feel the same way. 12-02-96 --.--.-----'" ,.- ..----. - 9 - Mayor Stueck stated that, following last week's work session, he once again toured the site. He indicated that, as a result of that review, he supports this method of disposing of the property, stressing the importance of allowing this already-established business an opportunity to expand in that area rather than driving it outside the community. He recognized . that the building is in disrepair and contains asbestos, and that a significant amount of money is needed to address those issues. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 3154, providing for the sale of real property at 801 North Wallace Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Stiff. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the monies from sale of this property not be placed in the General Fund but that, after consummation of the sale, an item be placed on the Commission agenda for determining how the monies are to be appropriated. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Mrs. R.E. Saunders, 922 South Third Avenue, dated November 23, encouraging the Commission to protect the character of single-family residential neighborhoods. (2) Letter from the Montana Department of Commerce HOME Program, dated November 22, announcing the list of projects which have been tentatively awarded HOME . funds. The City Manager noted that the list includes the Bozeman Interfaith Housing II application for rental units and Gallatin County application for construction of a group home for Reach, Inc. (3) Listing of upcoming committee meetings for the Gallatin Valley Tomorrow program. 12-02-96 .--....---.-.-... - 10 - (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 3, in the Commission Room. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, December 3, in the Commission Room. . (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 3, at the Courthouse. (7) Agenda for the Rebuild America Application Workshop scheduled for 10:00 a.m. on Wednesday, December 4, at the GranTree. Commissioner Youngman stated her interest in attending at least a portion of the workshop and asked if any other Commissioners plan to attend. Commissioner Rudberg forwarded her intent to attend. (8) Agenda for the Montana Transportation Commission meeting to be held in Helena on December 11 and 12, 1996. The City Manager noted that, included on the agenda, is an item for "Bozeman projects". He distributed a sheet from the Department of Transportation staff containing a list . of those projects, noting that many of them are included in the transportation general obligation bond issue which was recently approved. The City Manager assured Commissioner Stiff that no decision on improvements to Durston Road will be made until after West Oak Street between North 7th Avenue and North 19th Avenue is completed and open. (9) The City Manager submitted his weekly report, as follows. (1) Attended the 9-1-1 Board meeting last week. He stated they are currently reviewing proposals for providing new equipment for the center, and an application for federal grant monies to assist in acquiring that equipment is being made. (2) Stated that, due to the repeated snowstorms, City crews are clearing snow routes first, then clearing other streets in the community as time allows. . (3) Reminded the Commissioners that the Rae Water and Sewer District has requested that they be allowed to connect to the City's sewer system to remedy the problems they are currently encountering. He noted that staff is carefully reviewing the situation, and is hesitant to extend the system that far beyond city limits; however, no decision has been made to date. (10) City Attorney Luwe submitted the following. (1) Noted that the Bozeman Daily Chronicle reported on the lawsuit Tracy Thompson versus the City of Bozeman. He indicated 12-02-96 .-..--- - 11 - he has no additional information on the decision at this time. (2) Announced that in the case Maxine Ryan versus the City of Bozeman, regarding an accident in the early 1990s, the District Court determined the City was 50 percent negligent. That decision was appealed to the Supreme Court, which has determined the District Court made errors which affected the jury's . decision, and that Suprement Court decision will result in a new trial in District Court some time next year. (11 ) Mayor Stueck encouraged the Commissioners to complete the surveys for the representatives and senators to whom they have been assigned and return that information to Commissioner Youngman as soon as possible. Responding to Commissioner Rudberg, Commissioner Youngman stated she intends to forward the information to County Commissioner Jane Jelinski for compilation, with the results then being mailed to those from local governments who were in attendance at the meeting in Manhattan. She suggested that this information will show which legislators need to be encouraged to support the legislation in which the City is interested. ( 12) City Manager Wysocki briefly reviewed the agenda for next week's meeting, . and encouraged Commissioners to forward any additional agenda items to him or the Clerk as soon as possible. Responding to Commissioner Stiff, City Attorney Luwe stated that identification of the existing right-of-way for West Babcock Street and the needed right-of-way for improvement of that roadway is currently in process, and that information is being converted to a color- coded map in the City's Engineering Department. He indicated that the map should be completed after the first of the year, at which time it can be presented to the Commission. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. . Acknowledae receiPt of reauest for annexation - Scenic Developers. Inc.. and the Payne Familv Trust - 21.644 acres located in the SE%. Section 14. T2S. R5E. MPM (northwest corner of intersection of Kagv Boulevard extended and South 19th Avenue): refer to staff Acknowledge receiPt of reauest for vacation of North 5th Avenue from north riaht-of-wav line of West Oak Street to east end of Baxter Road - Barnardo-Wills. Architects. for Safewav Stores. Inc.: refer to staff 12-02-96 -..-..----. -. -- - 12 - Authorize Mayor to sian - Memorandum of Agreement for Continuina Transportation Plannina in the Bozeman Urban Area - between Montana Department of Transportation. City-County Planning Board. City of Bozeman and Gallatin County Authorize Mayor to sign - Findings of Fact and Order - preliminary plat for Alderson Place Condominiums - create twelve condominium units consistina of six duplex structures and open space on Lot 2. GUY'S . Second Addition (125 East Alderson Street) Authorize City Manager to sign - Acceptance of Temporary Cul-de-Sac Street Easements at north end of North 25th Ayenue and North 27th Avenue on Lot 2. Annie Subdivision. Phase II Authorize City Manager to sian - Professional Services Aareement - Thomas. Dean and Hoskins. Inc. - review and comment on State's Tentative MPDES Permit for Wastewater Treatment Plant and assist City in neaotiating certain conditions of the Permit Authorize City Manaaer to sign - Change Order No.4 for Hiahland Boulevard Reconstruction Proiect - JTL GrouP. Inc. - add $15.882.50 and 0 calendar days Reject the Nelson aroup counteroffer submitted by Mr. Harris and withdraw the City's offer Award bid for remodel of City Hall Annex - Diamond Construction. Inc.. Helena. Montana - base bid in amount of $242,000.00: authorize staff to possibly proceed with change order to add one or more alternates . within a reasonable period of time, provided financing is available Authorize City Manaaer to sign - Acceptance of Water and Sewer Pipeline and Access Easement and Agreement - Robert D. Lane and Thomas E. Lane. XL Limited Partnership - 30-foot-wide easement across parcel in the SE Yo.. NWYo.. Section 2. T2S. R5E. MPM (to extend sewer service to Durston Meadows Subdivision. Phase I) Authorize City Manaaer to sian - Acceptance of Water and Sewer Pipeline and Access Easement and Agreement - Williams Brothers Construction. Inc. - 30-foot-wide easement across Lot 2. Annie Subdivision. Phase II. located in the SEYo.. Section 2. T2S. R5E, MPM (to extend sewer service to Durston Meadows Subdivision. Phase I) Building Inspection Division report for October 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. 12-02-96 - 13 - Adjournment - 3:55 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 Rud berg. Commissioner Stiff and Mayor Stueck; those voting No, none. (2 ;: ~~-A DON E. STUECK, Mayor ATTEST: e~J ~&.~, ROBIN L. SULLIVAN Clerk of the Commission . . 12-02-96