Loading...
HomeMy WebLinkAbout1988-11-28 21 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 28, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 28, 1 988 , at 2:00 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min~ utes of the regular meeting of November 14, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commi ssioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Mayor Stiff noted that action on the minutes of the regular meeting of November 21, 1988 wi II be taken at next week's meeting. Ordinance No. 1272 - revising license fees for dogs and establishing registration fees for cats City Manager Wysocki presented Ordinance No. 1272, as approved by the City Attorney, entitled: ORDINANCE NO. 1272 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- T ANA, AMENDING SECTION 2 OF ORDINANCE NO. 1085, AS CODIFIED IN SEC- TION 6.04.020 OF THE BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commission that they had provisionally adopted this or- I dinance at their November 7 meeting. He noted that at last week's meeting, the Commission re~ ceived public input and deferred action on this ordinance to this time. He then distributed to the Commission a memo from Administrative Services Director Gamradt reflecting the expenditures and revenues for the animal control program. He noted that the fees for dog licenses were last increased in 1978. The City Manager then noted that this program addresses control of animals as well as protecting the public health and providing an identification mechanism. He further noted that the program is not self-supporting, relying on General Fund monies to cover a por- tion of the costs. Commissioner Hawks stated that he feels pet owners should be responsible for a majority of the costs of the animal control program. He noted that the program does benefit all of the citizens; however, animal owners are the main users. Commissioner Vant Hull stated that most complaints filed are from people who do not own cats or dogs. She noted the memo from the Administrative Services Director reveals that the program costs approximately $43,000, generating $9,250 in annual revenues; and she feels that indicates a need to increase the fees as proposed in the subject ordinance. The Commissioner then distributed to the Commission letters of support from Mr. and Mrs. Matt Geiger, 329 Lind- ley Place; Mr. and Mrs. w. D. Willmore, 328 South Bozeman Avenue; and Mr. and Mrs. Ernest Tiffany, 317 South Bozeman Avenue, for the proposed ordinance. She noted that she has also received several telephone calls of support as well as one in opposition. Commissioner Vant Hull stated she feels that a pooper scooper law should be considered in addition to the increased license fees. She noted this would alleviate many of the concerns ex- I pressed about dogs using private property and park areas. She noted that she bought a pooper scooper from a local store for $1.49; and the lady indicated that she would be wi lIing to sell those items to the City at cost plus 10 percent, which would be substantially less than the retail price. The Commissioner suggested that the City purchase a quantity of pooper scoopers and give them with the dog licenses, indicating she would be willing to purchase the first 50 to get the program moving. Commissioner Martel stated support for the proposed ordinance. He noted that at the present time, approximately 600 dogs are licensed, which is only a small portion of those within the ci ty Iimi ts. He noted that a door-to-door campaign would dramatically increase the number 11-28-88 22 of licenses issued; therefore, the revenues would more closely approximate the expenditures. Mayor Stiff stated the only way to ensure general conformance with the ordinance will be through a door-to-door campaign. He noted that will result in additional costs, so a portion of General Fund monies will also be needed. Commissioner Goehrung asked about the procedure which must be followed if one's animal is impounded. City Attorney Becker reviewed the process, noting that if a citation is issued, the indi- I vidual must post a bond or appear in City Court. He indicated there is a standard bond sched- ule for various offenses in the City Court; however, the Judge may suspend a portion of the fine if he so desires. He noted that as a general rule, if a pet owner can show proof of a li- cense in Court, the fine will be reduced by the amount of the license. The City Attorney then stated that review of the existing ordinance concerning animals has revealed that the Commission may establish minimum fines through a resolution. He noted the City Judge has indicated a willingness to have the Commission establish a minimum fine. He indicated that a minimum fine will help to show the intent of the City Commission and will give him the support which he needs when imposing fines. Commissioner Goehrung noted that one of the main purposes of licensing is to ensure that pet owners have had their animals inoculated for rabies. He expressed concern that there is no follow-up for that in the County and suggested the Mayor may wish to bring that to the Health Board's attention. Mayor Stiff noted that the proposed ordinance does not contain any provision for a min- imum fine and asked if it should. City Attorney Becker indicated he would prefer that be considered as a separate issue. He noted that the Commission may wish to modify that section of the ordinance to include a min- imum fine, or it may wish to follow the procedure in the existing ordinance and adopt a resolu- tion setting the minimum fine. City Manager Wysocki recommended that the Commission meet with the Ci ty Judge and then adopt a resolution establishing the minimum fines. I Mayor Stiff expressed support for the ordinance as prepared. Commissioner Hawks suggested the Commission may wish to change the fees for dog li- censes to $20 rather than $25. He also suggested the Commission may wish to increase the late fee from $5 to $10. Following discussion, a majority of the Commissioners concurred that the li- cense fee should remain at $25 and the late fee at $5, as reflected in the ordinance. Commissioner Hawks then suggested that the section concerning kennel licenses be re- viewed. He questioned how the number of dogs was established and whether the fee should be revised, suggesting it may be high. City Manager Wysocki recommended that the Commission finally adopt Ordinance No. 1272 as submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Ordinance No. 1272 , revising license fees for dogs and establishing regis- tration fees for cats. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Requests for clarification of four uses: (1) food bank in B-3; (2) truck repair in M-l; (3) con- crete recast in M-l (630 East Cottonwood Street); and (4) pharmacies as accessor uses in R-O (915 ig and Boulevard City Manager Wysocki presented to the Commission four memos from the Planning Staff re- questing clarification of the four uses as listed above. The Commission then reviewed each re- I quest separately, as follows. (1 ) Food bank in the B-3 District. Planning Director Andy Epple briefly reviewed the memo concerning this request. He noted that he has received inquiries from the Food Bank on the appropriateness of locating their facility in the B-3, Central Business, District. He noted that listed permitted uses in the B-3 District i ncl ude bakeries and retail sales of food. He further indicated that food stores and restaurants are currently allowed in the B-1, Neighborhood Business, District; and food and 11-28-88 23 drug stores and frozen food storage are allowed in the B-2, Community Highway Business, Dis- trict. Commissioner Vant Hull asked if a zone code amendment will be required as a part of this process. Planning Di rector Epple stated that if the Commission determines that this use is the same, or similar so as to be interpreted as the same, as a listed permitted use in the subject I district, that is the end of the process. He noted that if no listed permitted use is found to be similar or the same as, the zone code amendment process would be required. Ms. Mary Martin, HRDC Program Manager, stated that the Food Bank distributes food products to low-income residents, with no money changing hands. She noted that the Food Bank takes food products which have been donated, disposing of those items which are not good. She stated most of their food products are received in large quantities and are broken into fami Iy- sized packages, then distributed to their clients. In response to a question from Commissioner Vant Hull, Ms. Martin estimated that the Food Bank processes 85 food boxes each month. She estimated that may be equal to one-tenth of the business in a grocery store. Ms. Martin stated that the Food Bank is currently located in an M-l, Commercial--Light Manufacturing, District on North Wallace Avenue. She noted the site is quite expensive and is difficult for many of the clients to reach, since they walk. She stated that they have consider- ed possibly relocating to the B-3 District, purchasing a site which is more centrally located. Commissioner Goehrung noted the Food Bank was previously located in a B-2 zone, where the County Courthouse parking lot is now located. He then asked if they had incurred any problems at that site; Ms. Martin indicated she had heard no complaints. Planning Director Epple stated that if the Food Bank is determined to be so similar as to be the same as a food store, it would be allowed not only in the B-3 district, but in the B-1 and B-2 districts as well. He then indicated that after this determination on classification is made by the Commission, all other similar requests will be treated in the same manner. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that, pursu- ant to Section 18.06.050 of the Bozeman Municipal Code, the Commission determine that the Food Bank is so similar as to be interpreted the same as a food store or retail sale of food. The mo~ tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. (2) Truck repair in the M-l District. Planning Director Andy Epple stated that truck repair is not listed as a permitted use in any zoning district. He indicated that a local realtor has submitted this request, noting a client may be interested in establishing a truck repair facility in an M-l, Commercial--Light Manufac- turing, District if it is allowed. He then stated that this facility would be for la rge truc ks, including semi-trucks. He noted that listed permitted uses include repair and service establish- ments for light consumer goods (including automobiles) and truck and rail terminal facilities. Commissioner Hawks noted that the staff will be working on a zone code update in the near future. He then suggested that a third category of light industrial could be helpful and might be a more appropriate zone for this type of use. The Planning Director stated that three zones may be a more reasonable way to regulate industrial uses than the existing two zones. In response to a question from Commissioner Hawks, Planning Director Epple read the list of conditional uses. The Commission concurred that there is no listed conditional use which is simi lar to or the same as a truck repair shop. I Commissioner Hawks stated that he feels the proposed use would be more appropriate in an M-2 zone due to the size of bui Iding that would be required. City Manager Wysocki suggested that a text amendment might be an alternative, with small truck repair facilities being allowed in the M-l zone and large truck facilities being allowed in the M-2 zone. He noted that a split could be based on the size of the truck or its GVW rating. Following discussion, the Commissioners concurred that a truck repair facility is not an appropriate use in the M-l zone. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that, pursu- ant to Section 18.06.050 of the Bozeman Municipal Code, the Commission determine that a truck 11-28-88 24 repair facility is not the same as and cannot be interpreted as similar to any listed permitted or conditional use in the M-l zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission direct the staff to prepare a proposed zone code amendment to classify truck repair facilities for Commission consideration. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. (3) Concrete precast in the M-l District. Planning Director Epple stated that a concrete precast operation is currently located at 630 East Cottonwood Street. He indicated that Mr. Anderson has asked whether his business is permitted or a legally permitted, grandfathered, non-conforming use in the M-l, Commercial-- Light Manufacturing, District. He stated Mr. Anderson has noted that two building permits were issued for this facility in 1978; and he feels that indicates a City determination that a pre-cast concrete facility is a permitted use in the M-l zone. Commissioner Hawks noted that most of the uses in the immediate area of this subject site are more compatible with M-2 uses. The Planning Director concurred that many of the uses in that area have the character- istics of an M-2 use. Commissioner Vant Hull suggested that a change of zoning may be more appropriate than the requested classification of use. The Planning Director stated that if the Commission does not find concrete precast to be a permitted use in the M-l zone, the applicant could seek a zone map change. He noted that not only one parcel should be considered in a rezoning, but several blocks in that area should be reviewed and considered. Commissioner Martel asked if the land use designation in this area has been considered under the master plan update process which is currently underway. I The Planning Director stated it has not, noting that is a part of the total revision pro- cess, which is only done every ten years or so. In response to a question from Commissioner Goehrung, Planning Director Epple stated the staff had recently determined that a concrete precast business was not an appropriate use in an M-l zone. He stated that at that time, Mr. Anderson stated that he felt the issuance of two building permits had made this a permitted use; therefore, the issue has been submitted to the Commission for consideration. Mr. Steve Anderson, applicant, stated that he has been offered the opportunity to pur- chase the subject site. He indicated that he needs to know whether the use is permitted or a grandfathered non-conforming use before making his decision. He expressed concern that if the use is non-conforming, it could not be expanded or replaced if it were destroyed. Commissioner Vant Hull asked Mr. Anderson if seeking a rezoning to M-2 would create a hardship for him; he indicated it would not. Mayor Stiff asked if it would be possible to expand the existing facility under the current M-l zoning. Planning Director Epple stated that the applicant would be required to seek a variance to expand the non-conforming use. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that, pursu- ant to Section 18.06.050 of the Bozeman Municipal Code, the Commission determine that a con- crete precast facility is not an appropriate use in the M-l District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull , Commissioner I Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct staff to review, with property owners, the possibility of rezoning the subject area from M-l, Commercial--Light Manufacturing, to M-2, Manufacturing and Indus- trial. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. (4) Pharmacies as accessory uses in the R-O District. 11-28-88 25 Planning Director Andy Epple stated that the Bozeman Deaconess Foundation has proposed an addition to the hospital, providing space for doctors' offices and accessory uses, including X-ray faci lities and pharmacy. He noted that the subject addition will cross the zoning bound- ary between the current PLI, Public Lands and Institutions, and R-O, Residential--Office, dis- tricts; and the pharmacy is to be in the section lying in the R-O district. The Planning Direc- tor stated that pharmacies are not a listed permitted use in the R-O District; and the request I before the Commission is to determine whether pharmacies can be considered as an accessory use to medical offices or if they are a retail use, which is not permitted. Commissioner Hawks noted that pharmacies provide a professional service, as opposed to a drug store, which is located in a business district. He then stated he feels that pharmacies are an appropriate use in the R-O district and should not be considered a retail use. City Manager Wysocki asked if the proposed pharmacy would rent crutches and sell over- the-counter drug items. Mr. Dick Prugh, architect, stated that the proposed pharmacy is to provide a convenience for patients in that wing. He noted that crutches would be rented to fill doctors' prescriptions. He then stated that the pharmacy would be similar to the pharmacy which is currently located in the Medical Arts building. Commissioner Hawks stated that in some instances, doctors may write prescriptions for over-the-counter drugs. Commissioner Vant Hull stated it was her understanding that facilities for doctors' offices around the hospital were to be taxed. She then questioned whether this wing of the hospital would be taxed, particularly with the PLI zoning on the site. Mr. Prugh stated that it is his understanding that, even though the building is to be owned by the Bozeman Deaconess Foundation, it is to be leased for office space and will be sub- ject to taxation. Planning Di rector Epple stated that the proposed wing will contain 34,000 square feet; and the pharmacy wi II encompass 800 square feet of that area. He noted that from a practical I standpoint, the pharmacy will not attract retail customers. Mr. Dick Prugh stated that the proposed addition will be physically attached to the hos- pital for the convenience of the doctors and the patients; however, it is not a part of the hos- pital. He indicated that original plans for development of the area showed freestanding, unat- tached bui Idings to house doctors' offices, but this was determined to be more efficient. He then stated that the proposed bui Iding wi II I ie across a City water line; therefore, the water line must be rerouted. Mayor Stiff expressed concern about retai I sales from the proposed pharmacy. He then asked if this would create a precedent. The Planning Director stated the staff reviewed that issue and feels that a pharmacy is an accessory use and would not establish a dangerous precedent. Commissioner Hawks asked if the zoning boundary between the PLI and R-Q zones should be changed so that the entire wing lies within the R-O zone. He then asked if the zoning des- ignations may have any impact on taxation of the building. Commissioner Vant Hull indicated she would like to have staff research the issue just raised by Commissioner Hawks prior to the Commission making a decision on this request. Mr. Prugh indicated the Bozeman Deaconess Foundation wishes to begin the wing as soon as possible, noting that he is under time constraints. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that, pursu- ant to Section 18.06.050 of the Bozeman Municipal Code, the Commission determine that pharma- cies are to be permitted as accessory uses in the R-O, Residential--Office, and PLI, Public I Lands and Institutions, Districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Mayor Stiff requested that the issue of zoning on the subject site be placed on next week's agenda for further discussion. B rea k - 3: 59 to 4: 05 p. m . Mayor Stiff declared a break from 3:59 p.m. to 4:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 11-28-88 26 Appointments to steering committee to recommend project( s) for beautification during State Cen- tennial Year City Manager Wysocki submitted to the Commission a list of seventeen applicants for the steering committee to recommend project( s) for beautification of Bozeman during the State Cen- tennial Year. He noted the Commission had previously determined that the committee is to be comprised of eight to ten members. He suggested that the Commission appoint the committee at this time and establish the time and place for their organizational meeting. I Mayor Stiff noted that one application was received after the deadline. Following a brief discussion, the Commission concurred that application should not be considered. The Commission then discussed the number of members that should be appointed. Follow- ing that discussion, the Commission concurred that the committee should be comprised of not more than ten members, including any ex officio members. They further concurred that those not appointed should be encouraged to participate in the process, submitting their proposals to the committee for consideration. Mayor Stiff noted that some of the applicants with the highest qualifications may incur conflicts in a voting capacity and suggested that they be appointed as ex officio members to avoid that problem. He stated that Jerry Cashman may incur problems because of his landscap- ing profession, particularly if the recommendations include landscaping projects. He also noted that Dick Pohl is currently active on Recreation Advisory Board issues; and his college classes often do planning and architectural design for City projects. Mayor Stiff indicated that he had consciously left Ursula Neese on the list of applicants, rather than suggesting her as an ex officio member because her professional conflict as a land- scaper would be minimal due to the nature and size of her nursery stock. Following discussion, the Commission concurred. In response to a question from Commissioner Goehrung, Mayor Stiff stated that ex officio members would not vote but would have all other rights and privileges which the members have. Commissioner Vant Hull and Commissioner Hawks both expressed opposition to appointing Jerry Cashman and Dick Pohl as ex officio members, with no voting rights. I Mayor Stiff yielded the gavel to Mayor Pro Tempore Hawks for the purpose of making the following motion. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission appoint a steering committee comprised of two ex officio members, Jeremiah P. Cashman and Dick Pohl, and further appoint eight members to serve on the committee. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Com- missioner Martel and Commissioner Goehrung; those voting No being Commissioner Vant Hull and Mayor Pro Tempore Hawks. The Commissioners then reviewed the various applicants and their qualifications, after which they selected the members of the committee. The Mayor stated that the Chamber of Com- merce has requested that John Mandeville and Edmund P. Sedivy, Sr., make application for this committee. Ms. Daria Joyner, Executive Di rector of the Bozeman Area Chamber of Commerce, stated she feels the City must play the primary role in the beautification projects; however, she stated the Chamber will provide active support. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the fol- lowing be appointed to serve on the steering committee to recommend project(s) for beautification during the State Centennial Year: Katherine A. Ball Martha Drysdale Daphne Gillam Ralph Johnson Ursula Neese I Charles L. Newland Carl Sol vie Emily Swanson The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Commissioner Martel stated he has a pledge from a private donor for $1,000 for trees. Commissioner Hawks stated he has some information to distribute to the committee mem- bers, which he will do prior to their organizational meeting. 11-28-88 27 The Commission then established Tuesday, December 6, at 7:30 p.m., in the Commission Room, as the time and place for the organizational meeting for the committee. Commission Resolution No. 2731 - revising the uniform travel policy for all City officials and em- ployees City Manager Wysocki presented Commission Resolution No. 2731, as approved by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2731 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REVISING THE UNIFORM TRAVEL POLICY FOR ALL MUNICIPAL OFFICERS AND EMPLOYEES, AS SET FORTH IN COMMISSION RESOLUTION NO. 2365. The City Manager reviewed the resolution as submitted. He stated that Commission Reso- lution No. 2365 was based on the state rates existing at that time; and those numbers were con- tained in the document. He noted that some of the state rates have since been revised, but the City's pol icy remains at the old rates. He then recommended that the Commission adopt Commis- sion Resolution No. 2731 , which will establish the City's travel rates at the same level as the State's. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2731, revising the uniform travel policy for all City of- ficials and employees. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Staff update re annexation request submitted by Don Weaver for Westridge Meadows City Manager Wysocki presented to the Commission a memo from Planning Director Andy Epple, along with documentation concerning the applicant1s attempts to address the concerns ex- pressed by the Commission when they tabled action on this application at their July 5, 1988 I meeting. Commissioner Ma rte I asked about the Sourdough Trail being located on Fairway Drive, rather than in its easement. He noted that many people do not know the location of the Sour- dough Trai I through that area; and it is not marked. He also questioned the liability involved in having people walk on a private street. Planning Director Epple noted that the easement is recorded; however, the Trail has not been improved within that easement. He stated it does lie within the street easement; however, driveway approaches and landscaping now make it difficult to improve the trai I within its ease- ment. The Planning Director then stated that problems with the location of Sourdough Trail through the existing development should not be considered as a part of Mr. Weaver's proposed annexation. He noted that the current development is operated through the Westridge Meadows Owners' Association; therefore, Mr. Weaver has no control over the issue. Planning Director Epple stated that the Association has proposed that the easement be re- drafted and re-recorded to reflect the Trai I easement on the paved street. He stated the City rejected that proposal because it could create serious liability problems. He noted that the staff asked Mr. Weaver to pursue relocating the Trai I to run along Matthew Bird Creek; however, other property owners in the area were not supportive of that proposal. City Manager Wysocki suggested that the Commission could ask the property owners to make the existing Trail identifiable. Commissioner Hawks noted that the existing Trail causes problems for cross-country ski- I ers, since it is located on the pavement. The City Manager stated it may be possible to lay tracks along the edge of the property, immediately adjacent to the golf course property, if the Association approves. He then reminded the Commission that this item is not an issue in the proposed annexation. He then suggested that it be considered as a separate issue at another time. Planning Director Epple stated that the current request is for annexation of property ly- ing to the south of the existing Westridge Meadows development. He noted the applicant propos- es to develop the subject property as an extension of the existing development at some time in the future. He stated that the location of the Sourdough Trail through that development can be 11-28-88 28 appropriately addressed during that process. Commissioner Vant Hull asked about annexing the backs of the lots along Spring Creek Drive at the same time as this annexation, as wholly surrounded land, since the property owners declined inclusion in the annexation. City Manager Wysocki stated the process for this annexation should be completed prior to annexation of the other properties, since they will be wholly surrounded at that time. Planning Director Epple stated that Mr. Weaver's request for annexation included only a I portion of the remaining parcel, leaving the pasture land out at this time. He stated the staff requested that the annexation include all of that property; and Mr. Weaver has agreed. He not- ed that the pasture land will remain as a grandfathered non-conforming use. City Manager Wysocki recommended that the Commission bring this request back onto the table and refer it to staff for review and preparation of a staff report, noting that the applicant has met all of the concerns expressed by the Commission at their July 5, 1988 meeting. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission bring the annexation request for Westridge Meadows back onto the table and refer it to staff for review and preparation of a staff report. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commission- er Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Claims City Manager Wysocki presented to the Commission the listing of claims for the past two weeks. He then recommended that the Commission approve the claims as listed and order them paid. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the claims be approved as listed and that the Director of Finance be ordered to pay same. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your I nformation II items. ( 1 ) A copy of the minutes for the Board of Adjustment meeting held on November 7, 1988. (2) A notice from the Montana League of Cities and Towns concerning a District 10 meeting to be held at 6:30 on Tuesday, December 13 at the Baxter Hotel. The City Manager noted this is a sit-down dinner with legislators to discuss the upcoming legislative session. He asked that those Commissioners planning to attend contact the Clerk of the Commission so that reservations may be made. (3) The agenda for the State Highway Commission meeting to be held on Thursday, December 1, in Helena. The City Manager stated that none of the staff plans to attend, since no agenda items pertain to Bozeman. (4) A notice that the Chamber of Commerce luncheon with Governor-Elect Stan Ste- phens scheduled for November 30 has been postponed. (5) Commissioner Vant Hull distributed to the Commissioners a memo concerning sand- ing and salting of city streets, noting that she has received complaints about the condition of the streets. She restated her position that no procedural change in the snow removal program should be made unti I a 2-cents-per-gallon gas tax has been implemented to generate adequate revenues to fund that additional equipment and manpower. I Commissioner Hawks noted that the Commission has undertaken the reduction of salt on a trial basis, with sanding to be done more frequently. Commissioner Martel noted that crews should begin removing the snow from the streets as soon as the snow falls to be most efficient and effective. The City Manager stated that the Street Department crew has staggered start times to ad- dress the snow removal problems with a minimum of overtime. (6) Commissioner Vant Hull noted that the Billings City Counci I considered the gam- bling issue at last week's meeting and concurred they would prefer local control. She then sUg~ 11-28-88 29 gested that this Commission discuss the issue prior to the meeting with the legislators on De- cember 13. The City Manager stated he has received a copy of the Gambling Commission's recommend- ations, which Commissioner Vant Hull has reviewed and the City Attorney is currently reviewing. He then indicated that this item will be placed on Monday's agenda for discussion, noting that the staff will review the report prior to that time. I (7 ) Commissioner Goehrung suggested that the Commission discuss possible legislative concerns prior to the December 13 meeting. The Commissioners concu rred; and this item is to be placed on next week's agenda. (8) Commissioner Goerhung stated that the meeting with the Greens People in Bozeman concerning municipal wastes has been set for 7: 00 p. m. on Tuesday, January 10, 1989, at the Library. He indicated that he will distribute copies of the agenda for that meeting as soon as he receives it. (9) Mayor Stiff stated he attended a Japanese dinner in Helena last week as a repre- sentative of the City. He noted it was an enjoyable and rewarding experience. (10) Commissioner Hawks distributed to the Commissioners a letter from the Eagle Rock Reserve concerning preservation of the scenic beauty. He noted the group is currently working on a plan addressing drainages and forestation around the community; and he has a copy of that document in his file. ( 11 ) Commissioner Hawks noted that the Recreation Advisory Board minutes reflect an energetic group of people. He then expressed concern that there is no master plan for parks and recreation, although one of the Board members is currently drafting one. He then suggest- ed that, even though the Board may wish to use the plan for their own internal purposes, the Commission should approve it fi rst. He a I so suggested the Commission may wish to consider mechanisms for funding of proposed improvements. (12 ) Commissioner Martel noted that at a recent real estate auction, a block of 28 un- improved lots was sold for $65,000 to local developer Ken LeClair. He stated that a discussion I with the realtor revealed that, although not all of the properties around Bozeman were sold the afternoon of the auction, they were all sold within a week. He stated that indicates an enhanced economic situation at this time. Adjournment - 5:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull , Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 11-28-88