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HomeMy WebLinkAbout1988-05-16 201 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 16, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 16, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, I 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. None of the Commissioners requested that any of the Consent I tems be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of May 9, 1988 be approved as amended. The motion 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. Report on use of bed tax monies - Karen Howard and Audrey O'Connell, Bozeman Area Chamber of Commerce Ms. Karen Howard, Chai rperson of the Convention and Visitors' Bureau for the Bozeman Area Chamber of Commerce, noted that in 1987, the State Legislature authorized the return of a portion of revenues generated through a 4-percent accommodations tax back to regions and com- munities meeting specific criteria. She noted that the City was required to appoint a non-profit organization to be responsible for the expenditure of those monies for promotion of tourism and commercia Is. She noted that the Chamber of Commerce, specifically the Convention and Visitors' Bureau (CVB) was designated as that body. She noted that the Bozeman Tourism Advisory Coun- I cil (BT AC) was then formed as a sub-committee under the CVB for the purposes of expending those monies. Ms. Audrey O'Connell, Chairperson of the Bozeman Tourism Advisory Council, circulated among the Commission copies of the distribution of monies along with the proposed budget for the upcoming year and a listing of projects. She noted that the BT AC is composed of eight members, briefly reviewing those who currently serve. She noted they have developed a mar- keting plan. She stated that the State advertises nationally and internationally to attract people; the region promotes regionally and in-state to attract visitors or keep them here longer; and the local community promotes within the state and the region to attract visitors or keep them longer. She noted that Bozeman receives a little over $20,000 a year. She indicated that a por- tion of those monies are being utilized for printing of an image piece brochure showing Bozeman as a cultural, recreational and historic center; and those brochures will be distributed through- out Yellowstone Park and other strategic points in the region. Ms. O'Connell then indicated that the winter guide has been expanded to a 48-page year- round guide; and that will be available upon request as well as in various organizations around the reg ion. Other projects include magazine advertising, establ ishment of a Bozeman Opportu- nity Fund and installation of an 800 telephone number at the Chamber of Commerce. Ms. Audrey O'Connell stated that the BTAC is striving to increase the tourism dollars to Bozeman through an increase in numbers of tourists as well as longer stays. She also noted that BT AC is coordinating with the Superhost program for hospitality and educational programs. Ms. O'Connell indicated that Yellowstone Country will receive approximately $131,430 dur- I ing the upcoming fiscal year; and Bozeman will receive approximately $26,018. She noted that West Yellowstone and Bozeman are the only communities in Gallatin County eligible to receive bed tax monies. Commissioner Vant Hull asked if the State will have some of the image piece brochures for distribution. Ms. O'Connell stated that 150,000 copies of this brochure will be available through summer 1989. She noted that distribution has already been planned, with some of them being made avail~ able to the State. She noted they will not be automatically distributed from that point; but they 05-16-88 202 will be forwarded upon request. The Commission thanked Ms. Howard and Ms. O'Connell for their presentation. Request for deceleration of special assessments on Lot 25b of the Gordon Mandeville State School Section Subdivision - Mike Rodrique City Manager Wysocki presented to the Commission a letter from Mr. Mike Rodrique request- ing that the special assessments on Lot 25b of the Gordon Mandeville State School Section Sub- I division be decelerated. He noted the parcel is currently owned by Mr. Jursnick, who has not paid those assessments for the past six years. The City Manager stated that copies of the min- utes from meetings at which similar requests were considered have been included in the packets for Commissioner review. He noted the only time that such requests have been approved is when the initial mistake or oversight was the City's. Mr. Mike Rodrique reminded the Commission that the subject lot is the one which has been an impediment in the creation of Special Improvement District No. 654 for the paving of Lea Avenue. He stated that he currently has an opportunity to purchase the lot, subject to bring- ing the special assessments up to date; and requested that the Commission decelerate the as- sessments to help him complete that transaction. Commissioner Vant Hull asked if there is any way to ensure that the parties will complete the transaction if the assessments are decelerated. Mr. Rodrique indicated he would be willing to enter into an agreement of some type if nec- essary. The City Manager cautioned the Commission about approving this request. He noted that hundreds of assessments are currently delinquent, and an inconsistency in the acceleration policy could result in many more similar requests. He noted the Commission must make a con- scious decision to change the procedure if they so desire. Administrative Services Director Miral Gamradt noted that in January 1982, the Commission adopted a resolution for acceleration of special assessments in the event of a delinquency; and that policy was subsequently revised last year. He noted this acceleration results in a 2-percent I penalty against the entire balance, along with 10-percent interest on the unpaid bala,nce from the date of delinquency until the date paid. He stated that last year the Commission determined that the 2-percent penalty and 10-percent interest charge on the installment is adequate incentive for individuals to pay their assessments. The Administrative Services Director then questioned whether approval of this request would be fair to those who have paid their assessments according to the policy. He also cau- tioned of the precedent which could be established through approval of this request. Commissioner Vant Hull asked what will happen to the new SID if this delinquent special assessment is not brought up to date. The City Manager stated that is an option that must be explored. He noted that the proc- ess has been tied to the July tax sale thus far. He indicated that at the tax sale, someone could redeem the parcel or the owner could redeem it. Mayor Stiff noted that the assessments are really not in arrears for the individual who has submitted the request. Commissioner Martel stated that as long as this is not a manufactured sa Ie to bring the assessments up to date without having to pay the high penalty and interest, he would support approving the request. He noted this parcel would then fall in the same category as others which are current in their assessments. Mayor Stiff noted the obligation for the delinquent assessments belongs to Mr. Jursnick, not Mr. Rodrique. He then indicated empathy for Mr. Rodrique's position; however, he does not feel the request should be approved. I Commissioner Hawks indicated the Commission must consider what the City has had to pay for this delinquent parcel. He also asked if the Commission would be handling this parcel fairly with the policy in place if it were to approve the request. Commissioner Martel stated that all requests of this type must be considered on an indi- vidual basis. Commissioner Goehrung asked what the difference would be to bring these assessments current if this request were approved. He also asked if the City would gain that amount in benefits by having the assessments paid. 05-16-88 203 Administrative Services Director Gamradt stated that to payoff the delinquent assess- ments would be $3,960.69; and with acceleration the total would be $5,537.80, or a difference of $1,577.11. He noted if the assessments remain unpaid, they will continue to accrue interest at the accelerated rate. Commissioner Martel suggested that the Commission consider a 30-day grace period in which property owners could bring their assessments current without having to pay the penalty I and interest. City Manager Wysocki cautioned that he is not sure that is an option under the State stat- ute. He then noted it would not be fair to those who have brought their delinquencies current under the acceleration policy. He also reminded the Commission that the City has levied mills to cover the costs of delinquent special assessments. The City Manager then noted that the cur- rent owner of this property is the same individual that owned the property when the special im- provement district was created. Administrative Services Director Gamradt stated that Mr. Rodrique has discussed this mat- ter with the staff; however, the staff did not have the power to address the matter. Mayor Stiff asked for a staff recommendation. City Manager Wysocki recommended that the Commission not decelerate the assessments as requested. Commissioner Vant Hull stated support for Commissioner Martel's proposed moratorium. She then asked if it would be possible to determine the benefits of such an option. Mayor Stiff stated he feels that this type of proposal should be discussed as a separate item, rather than under this agenda item. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission delay a decision on this request for a period of one week to allow the staff an oppor- tunity to review the number of delinquencies to determine if a large number would pay those de~ linquencies during a moratorium. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Martel; those voting No being Commis- I sioner Goehrung, Commissioner Hawks and Mayor Stiff. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission deny Mr. Mike Rodrique1s request for deceleration of the special assessments on Lot 25b of the Gordon Mandeville State School Section Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks Commis- sioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. Update re activities of the ad hoc committee to review the business license ordinance - Steve Hample Mr. Steve Hample, Chairman of the ad hoc committee to review the business license ordi- nance, presented an update on the status of their activities. He noted the committee is cur- rently working on two different drafts of the final report, one being a brief three-page report while the other is much more comprehensive. He stated that the committee has eleven different people, all with different opinions. Mr. Hample stated the committee has tried to better define the problem, developing three basic issues: (1) fairness or equity, particularly with seventeen types of businesses being exempt; (2) understanding of what is accomplished with the fee, or how the monies are spent; and (3) local license fees are relatively high when compared with those in other communities. He noted that the committee did review the financial reports and determined that the staff had sub- mitted acceptable figures on the costs involved. He stated the committee has questioned how other cities can operate on lower fees than Bozeman does. I Mr. Hample stated that the fina I report wi II be a compromise. He noted that they have discussed a $75 flat fee; however that would not address enough of the items under considera- tion. He noted the committee then discussed a mixture of a flat fee and a sliding scale as well as the concept of a separate flat fee and a fire inspection fee. He noted the latter method would allow the City to bill the exempt businesses for the same services provided other licensed busi- nesses. Mr. Steve Hample then asked what type of format the Commission would prefer--the con- densed version or the more comprehensive and expanded version. He noted the committee mem~ bers have spent many hours on this item; and acknowledged the time that various City staff mem- 05-16-88 204 bers have contributed to the process. Commissioner Vant Hull noted that the Commission had indicated it would welcome minority reports. She then asked if those will be included in the final report. Mr. Hample stated that the committee will give its best compromise recommendation as the final report; and separate minority reports, reflecting individual opinions, wi II be submitted as well. Commissioner Goehrung asked what other areas of the ordinance may be addressed in the I final report. Mr. Hample stated that the discussion of license fees has taken the majority of the com- mittee's time. He noted that they had postponed the review of other areas of Title 5 until after the determination on regulation had been made. He indicated that review will now begin, going through each section separately, starting with the most important ones. He stated they wi II es- tablish a philosophical basis for review, giving recommendations on as many as possible. He sug- gested that if the committee does not complete the project, possibly the staff could continue, following the basis established. Commissioner Hawks expressed a desire to receive a comprehensive report, containing as much background and information as possible to support the final conclusions. City Manager Wysocki indicated it would be valuable to have the minority reports contain reasons for why they disagree with the final report. Mayor Stiff asked if the committee has discussed the possible expansion of businesses to license, such as apartments. Mr. Hample stated that the committee has discussed the possible licensing of various busi- nesses; however, they have not arrived at any decisions. He noted that the committee feels that a I ine must be established somewhere for practical purposes. Administrative Services Director Gamradt stated it appears that some of the committee mem- bers would like to see business license fees subsidized by the general tax base; however, the guidelines established by the Commission do not allow that option. Commissioner Martel stated he feels that fairness is crucial. He then noted that exempt I businesses often enjoy the same traffic as those who must pay a business license fee. The Commission thanked Mr. Hample for his update. S rea k - 3: 24 to 3: 30 p. m . Mayor Stiff declared a break from 3:24 p.m. to 3:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request for permission to block off East Curtiss Street from South Slack Avenue to South Tracy Avenue - June 13-17, 1988,10:30 to 11:30 a.m. - First Lutheran Church City Manager Wysocki submitted to the Commission a request on behalf of the First Luth- eran Church for permission to block off East Curtiss Street from South Slack Avenue to South Tracy Avenue from 10:30 to 11:30 a.m. on June 13 through 17, 1988. He then submitted a memo from the Director of Public Service addressing this request. He stated the staff would prefer that the Commission not approve this request; however, staff would request that specific items be accomplished if the request is approved. He indicated that many churches in the downtown area conduct vacation bible schools during the summer; and to approve this request might cause many more to be submitted for consideration. The City Manager recommended that if the Commis- sion does approve the request, it also require that items such as erecting of barricades and no- tifying of affected neighbors be addressed by the church. Commissioner Vant Hull stated she would like to know how many children are involved. She also asked if there are any neighborhood concerns about this proposal. I Commissioner Martel indicated that he is a member of the First Lutheran Church and, there- fore, will abstain from voting. He then stated that about 90 to 100 children are involved in va- cation bible school each year, with most of those being preschool through fifth grade age. He indicated there are no other places in the immediate area for the children to play; therefore, the church has submitted its request. He noted the barricades would be set up immediately before the break began and would be removed immediately afterward. Commissioner Hawks asked about possible alternatives, such as walking to Bogert Park or Lindley Park. 05-16-88 205 Commissioner Martel indicated that the children need an opportunity to play, not just a long walk, since most of the activities are conducted indoors. In response to a question from Commissioner Vant Hull, Commissioner Martel indicated that vacation bible school begins at 9:00 a.m. and ends at 11:30 a.m. each day. Commissioner Martel reminded the Commission that they have closed streets for items such as street dances. He then noted there is very little traffic on that portion of East Curtiss Street. He also indicated there are four houses on one side of the street and two on the other I side. He stated that the alley behind the medical/dental building has access to both streets; and it could be barricaded to East Curtiss Street for that one hour each day. Commissioner Vant Hull stated she would prefer to delay the decision for a period of one week to allow an opportunity to contact the neighbors for their input. Commissioner Goehrung stated he would like to know what type of barricades are to be used. City Manager Wysocki requested that the church submit information back to the staff con- cerning neighborhood responses as well as plans for the barricades and flashers for their review and response. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the deci- sion on this request be delayed for a period of one week to allow an opportunity to contact the neighbors to gather input on the requested closure and to allow the staff to review the proposed plan for barricading the street and to provide recommendations on the proposed closure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commis- sioner Martel abstained. Request for on-street parking around Boulevard Apartments - Susan Smith and JoAnne Thun The City Manager submitted to the Commission a letter from Susan Smith and JoAnne Thun requesting that the parking problem at the Boulevard Apartments be addressed. He a I so I submitted a memo from Director of Public Service Dick Holmes concerning the issue. Ms. Susan Smith, resident of the Boulevard Apartments, requested that the residents be issued parking permits and that the west side of South Tracy Avenue between West Babcock Street and West Olive Street be set aside for their parking only. She stated there are currently 10 off-street parking spaces for 38 apartments. She noted that two-hour parking is allowed on West Babcock Street; and there is no parking from 2: 00 a. m. to 7: 00 a. m. on Tuesdays and Thursdays along South Tracy Avenue. She noted this would add another ten to twelve parking spaces, which would then meet the needs of those residing there. She indicated that the turn- over in the apartments is quite great; but an average of fifteen to twenty families have cars at anyone time. City Manager Wysocki asked if there are any businesses along the west side of South Tracy Avenue in the subject block. Ms. Smith stated that Planned Parenthood and a psychologist are located immediately south of the Boulevard Apartments, and St. James Episcopal Church is located on the corner. She indi- cated that none of the churches in the area have parking lots; and the professional building next door will not allow the apartment residents to park in their lot. The City Manager asked who owns the building and whether the tenants have talked to him about the parking problems. Ms. Smith indicated that Bob Johnson owns the bui Iding. She then stated that he has purchased parking rights in the basement of the Baxter Hotel building; however, that is two blocks away. She noted that many of the residents in the Boulevard Apartments are elderly or I handicapped and cannot park that far from the building. She noted that many of the others are young single parents; and walking that far could be difficult. Commissioner Vant Hull asked Ms. Smith if the tenants have talked with their professional neighbors along South Tracy Avenue about the proposal to limit the parking along that block to those with permits. Ms. Smith stated that the Planned Parenthood and Episcopal Church have indicated they would not oppose that proposal. Commissioner Hawks suggested that, since the landlord has acquired parking two blocks away, the handicapped and those with small children could be priority in parking in the offstreet 05-16-88 206 parking area next to the building. Ms. Smith noted that someone would need to determine priority in that type of situation. She then requested that a handicapped parking space be provided on South Tracy Avenue also. City Manager Wysocki asked if there is a loading and unloading zone on West Babcock Street. Ms. Smith indicated there is one loading and unloading space and a bus stop. The City Manager reminded the Commission that South Tracy Avenue between West Bab- I cock Street and West Olive Street is in Sprinkling District No.8. He noted that if this street does not receive the sweeping service that the other streets in the district do, it cannot be charged. He stated if that is the case, the boundaries of the district must be revised to ex- clude it. The City Manager then asked if the Commission wishes to designate parking on public streets for specific individuals. Commissioner Vant Hull noted that the Commissioners have discussed permit parking for some time. She then noted that she would anticipate that the permits would pay for themselves, through paying for the permits as well as ticketing those parking without permits in the re- stricted areas. She suggested that the landlord could possibly pay for those permits. Ms. Smith reminded the Commissioner that low-income people reside in the Boulevard Apart- ments; and that would simply be one more cost that they cannot afford. She then indicated she does not feel the landlord would pay for the permits, noting that he does not address the safety problems that exist within the structure. In response to questions from Commissioners about specific parking lots in the immediate area, City Manager Wysocki indicated that the tenants of the Boulevard Apartments have checked on all off-street parking spaces and have found none. He then reminded the Commission that individuals in other areas of the community have requested special consideration allowing them to park on the public street immediately adjacent to their homes; and the Commission has denied those requests. Commissioner Goehrung asked if the City must give special consideration to this request because of the type of building involved. I City Manager Wysocki stated that some individuals contend that since the bui Iding was re- modeled with Community Development Block Grant monies, the City has a responsibility to pro- vide parking spaces. He then indicated that he does not agree with that contention. Commissioner Hawks asked if the tenants are placed through a specific office and, if so, if they could be screened and placed in better locations if possible. Ms. Smith stated that the Human Resources Development Council places the tenants. She noted they cannot regulate who is placed, since the next individual in the list receives the next available dwelling unit. Commissioner Vant Hull expressed an interest in having the staff review the sweeping dis- trict for the possibility and feasibility of designating parking on half of the block along South Tracy Avenue for parking for the apartment, including a handicapped stall. Mayor Stiff stated he does not feel that providing private parking on public streets wi II work. He then asked why it is the City's responsibility to provide parking for this building, noting that it is actually a landlord's problem. The Mayor then noted that to approve this re- quest would be a departure from past action, citing denial of requests from two severely handi- capped persons for designated spaces in front of their homes. Commissioner Hawks asked if this item will appear before the Commission again. The City Manager asked if the Commission is interested in having private parking on a public street, whether a fee should be attached to such a provision, or if night only parking without a fee is a viable alternative. A majority of the Commissioners indicated an interest in allowing some form of overnight I parking, if it is determined viable. Discussion - prioritization of major water projects for possible funding City Manager Wysocki submitted to the Commission a memo, dated March 1988, I isting the four major water projects currently under consideration. He noted this is in response to the Com- mission's request made during the goal setting process. He then indicated that he and Adminis- trative Services Director Gamradt are to meet with bonding people later this week to determine how much money might be made avai lab Ie toward these projects. He noted that a request for au- 05-16-88 207 thorization to proceed with a bond sale will probably be submitted to the Commission when the staff and bonding consultants feel the process should move forward. Mr. Phill Forbes, City Engineer, briefly reviewed the four major water projects, as out- lined in the memo. He indicated that the Lyman Creek water supply is currently an open sur- face supply, which is subject to contamination. He stated that the proposed project would in- clude covering, and possible relocation, of the reservoir; covering of the stream from the source I to the reservoir; and construction of a spring box over the source. Also, installation of a treatment facility is a possibility. The City Engineer noted that the City does have authority for a $726,000 low-interest loan from the Department of Natural Resources and Conservation for this project; however, that would be adequate funding for only the first phase of the project. The City Manager indicated that the loan application was submitted three years ago, be- fore actual costs for the entire project were tabulated. He noted the actual cost is estimated at $1.15 million; and the loan monies could be used for covering of the reservoir, replacing de- teriorated pipe, and piping the stream as far as possible from the reservoir toward the source. City Engineer Forbes stated that 90 to 95 percent of the engineering work for this project has been completed. Commissioner Goehrung asked if the Lyman Creek source is in the same pressure zone as the southside supply. City Engineer Phill Forbes stated that the City has two water storage reservoirs at the same elevation south of town. He noted the uncovered reservoir at Lyman Creek is considerably lower; therefore the water does not have sufficient pressure to enter the water distribution lines for the majority of the city. He indicated that if the Lyman Creek water is needed on the south side of town, a pump is used to get the water into the system. The City Engineer then stated that if the regulatory climate changes, the City may be required to install a treatment system for this water supply. He indicated that to raise the reservoir to the same elevation as those on the south side would allow a single pressure system; and the water from this supply could then be utilized throughout the community. I City Engineer Forbes then stated that recent correspondence from the State indicates they would like a commitment from the City Commission to complete all phases of the Lyman Creek im- provements, although a time schedule is not requested at this time. Mayor Stiff noted that this project does not create more water. The City Engineer concurred that it does not. He noted that the Lyman Creek supply is very high quality. City Manager Wysocki noted that this second source of water is invaluable to the City and must be retained. Commissioner Hawks asked how much water is used from this source. The City Engineer stated that the supply can produce 3t to 4 million gallons per day. He noted that it could easily provide about one-fourth of the City's water. Commissioner Hawks asked how safe the Lyman Creek supply is. City Engineer Forbes stated that the source is excellent and worth fully developing. The City Engineer then addressed the southside water supply and the water treatment plant. He noted that the southside supply includes water from Hyalite Reservoir as well as Boze- man Creek and Middle Creek. He stated at the present time, the diversion rate from Hyalite Dam must be set in advance; and if a change in the weather occurs, that water must then be diverted around the plant. The Engineer stated that construction of a presedimentation basin would allow the diversion to be set on an average demand; and the basin would accommodate the fluctuations. City Engineer Forbes then stated that the water treatment plant can currently process 10 I mi Ilion gallons per day; and demand reaches or exceeds that figure on occasional days during the summer. He noted that to increase the plant capacity to 15 million gallons per day would make recovery easier during heavy use periods and would enable the City to sell more water if the demand warrants. The City Engineer stated that the water pipe from Middle Creek is not large enough to accommodate the increase in water plant capacity; therefore, it would need to be replaced also. The City Engineer then addressed the Hyalite Dam project. He noted that safety con- cerns about the spi IIway have resulted in the State's requiring that the dam be renovated; and raising of the dam has been included in the proposed project. He stated the additional water 05-16-88 208 will then be made available for sale to the City. Commissioner Martel asked if the presedimentation basin would lose its value if the Mystic Dam were reconstructed lower in the canyon. The City Engineer responded that the presedimentation would still retain its value because it allows efficient use of all existing water rights. Commissioner Martel asked how much the water demand fluctuates. City Engineer Forbes stated that during the summer, when watering restrictions are not I imposed, the demand can fluctuate as much as 3 million gallons per day. City Manager Wysocki suggested the City may wish to submit a request to the State for an increased amount in the preViously-approved low-interest loan to accommodate improvement of Lyman Creek as well as expansion of the water treatment plant. He noted then, when bonds are sold, the proceeds could be used to fund the presedimentation basin. Mayor Stiff requested that, due to the late hour, further discussion of this item be brought back at a later date. Third quarter budget review; authorize Mayor to sign budget amendments City Manager Wysocki submitted to the Commission the third quarter budget review, as prepared by Administrative Services Director Gamradt, along with recommended budget amend- ments. Administrative Services Director Miral Gamradt reviewed the third quarter budget review, noting that the City has overspent its authority by more than $14,000, due to three items. He briefly reviewed those, as follows: (1) the Commission approved expenditure of up to $1,000 for an underground sprinkler system at the Senior Center; (2) the Commission approved the expendi- ture of $10,724 for a new engine for Fire Engine No.1; and (3) the amount budgeted for the Pol ice Reti rement Fund was underestimated by $3,200. He then indicated that six transfers are recommended within the amount previously budgeted, as follows: (1) from City Attorney Oper- ations to Salaries - $150; (2) from Elections Operations to Fire Division Salaries - $4,500; (3) from Street Operations to Debt Service - $80; (4) from Supplies Operations to Salaries - $300; I (5) from Supplies Operations to Equipment - $500; and (6) from Garbage Disposal Operations to Salaries - $6,500. He briefly reviewed those recommended transfers, citing the reasons for each. Administrative Services Director Gamradt then briefly reviewed the highlights of the revenues received to date. He noted that the motor vehicle fees are running approximately $10,000 behind projections; and gaming device revenues are ahead of projections. He noted that the Water Fund is improving; and the Sewer Fund is holding its own. The Administrative Services Director then reviewed items which will be upcoming during the fourth quarter of this fiscal year. He noted that the transfers necessary to cover these items will be made at the end of the year, when the exact amounts are known. Commissioner Martel stated appreciation for the last item, noting it is nice to know what is anticipated. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- sion acknowledge receipt of the third quarter budget review, and authorize and direct the Mayor to sign the necessary budget amendments. 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. Commission Resolution No. 2696 - Creating Special I mprovement District No. 653 - paving, curb and gutter and sidewalk on a portion of Graf Street City Manager Wysocki presented Commission Resolution No. 2696, as prepared by the City I Attorney, entitled: COMMISSION RESOLUTION NO. 2696 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 653 FOR THE PUR- POSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN- SPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK ON A PORTION OF GRAF STREET AND ALL OTH- ER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. The City Manager stated that, attached to the Resolution, is a letter from John Miller, 05-16-88 209 dated May 12, 1988, indicating a wi II ingness to make a cash donation to the MSU Foundation and Henry Gardiner in an amount totaling $4,800 to help pay their portions of the assessment. He indicated that the staff will require that this amount be paid before a specified critical step in the process is undertaken. He noted that the second alternative in the staff's proposal, which was not accepted, was to re-create the district with different boundaries. Commissioner Hawks asked if the bond counsel is willing to accept this project as pro- I posed. City Manager Wysocki stated that the staff has sent all of the information to the bond counsel and has discussed the matter with them. He stated that their preliminary response is that the process is all right to this point. The City Manager then recommended that the Commission adopt this resolution. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission adopt Commission Resolution No. 2696, creating Special Improvement District 653 for the purpose of paving a portion of Graf Street and all other necessary appurtenances to collector standards. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request for permission to address Commission - Jim Taplin Mr. Jim Taplin, 221 West Hayes Street, addressed the Commission concerning the pro- posed Forest Service plan to improve recreational facilities in the Hyalite Dam area, noting that those plans do not provide access for handicapped persons. He then noted there are several boat owners in Gallatin County; and Hyalite is the only body of water within the county with a boat ramp for their use. He stated that raising of Hyalite Dam will put that boat ramp under- water; and the proposed plan does not include a new ramp. Mr. Taplin then encouraged the Com- mission to set aside a portion of the revenues from the boat and trailer licensing fees for im- provement of the recreational area. I Mayor Stiff suggested that the Forest Service should be addressing this issue. Mr. Taplin stated they have been holding meetings on the plan; however, only five or six people are present at those meetings. Recess - 5: 15 p. m. Mayor Stiff recessed the meeting at 5:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the sched- uled public hearings. Public hearing - Zone Map Change - A-S to B-2, M-l, R-3, R-4 and R-O - Jerry Perkins - Tracts 2 and 3, COS No. 1215 (65.2572-acre parcel south of Baxter Lane, north of West Oak Street ex- tended and west of North 11 th Avenue extended) This was the time and place set for the public hearing on the Zone Map Change requested by Jerry Perkins for a Zone Map Change from A-S, Agricultural-Suburban, to B-2, Community Highway Business, M-l, Commercial--Light Manufacturing, R-3, Residential--Medium-density, R-4, Residential--Mediurn-density--Apartments, and R-O, Residential Office, on Tracts 2 and 3, Certificate of Survey No. 1215, situated in the northwest one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The 65. 2572-acre parcel is commonly located south of Baxter Lane, north of West Oak Street extended and west of North 11th Avenue ex- I tended. Mayor Stiff opened the public hearing. Planner Ron Brey presented the Staff Report. He stated that this Zone Map Change would rezone 17.3 acres lying between Baxter Lane and the proposed Baxter Lane reroute to M-1; 23.4 acres to R-4; 7.1 acres to R-O; 11 acres at the intersection of North 11th Avenue ex- tended and West Oak Street extended to B-2; and the remaining 6.5 acres, including the area to be set aside for parkland, to R-3. He then reviewed the zones around the subject property, noting they include M-l, R-3, A-S, B-2- T, and B-2 north of the interstate. 05-16-88 210 The Planner reviewed the history of public hearings held on the subject parcel, noting that the original Master Plan Amendment was approved in December 1985, followed by a subse- quent Master Plan Amendment in April 1987. He indicated that the subject parcel was annexed in January 1987. Planner 8rey stated that the requested zone map changes are in compl iance with the land use designations listed in the Master Plan, noting that key issues for consideration include transportation issues and the provision of public services. I The Planner highlighted the concerns raised during the public hearing before the Zoning Commission. He then indicated that the Zoning Commission recommended that a liT" overlay be attached to the B-2 portion of the appl ication, with the conditions that (1) all properties that abut major roads or any residential district shall provide sufficient landscaping, screening, etc., to buffer the proposed use from property and uses in adjoining districts and from adjacent major roads, and (2) signing shall be appropriate to the use, attractive to the area, and designed in such a manner so as not to be distracting to passing motorists or occupants of adjacent resi- dential properties; and no sign shall reflect light directly to adjacent roads or residential properties. Commissioner Hawks noted that a stream runs through the eastern corner of the property proposed for M-l zoning. He then asked if the streambank setbacks wi II be required. Planner Brey indicated that the staff has determined that the waterway is a live stream, although it does not show on any of the maps they reviewed. He noted that a 35-foot setback, with a 5-foot vegetative strip immediately adjacent to the waterway, will be required. He stated that with the way the stream traverses the property, a 150-foot by 350-foot triangular parcel will be located in the northeast corner. He indicated that could be a viable parcel for de- velopment under the right circumstances. Commissioner Vant Hull asked about relocating a portion of the parkland to the northeast corner of the proposed M-l zoning to protect that parcel as well as the development to the east. Planner Ron 8rey reminded the Commissioner that the parkland for the Saccoccia parcel is immediately adjacent to the proposed location of the parkland for this parcel. I Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, I nc., indicated that he repre~ sents Mr. Jerry Perkins, the applicant. He stated that the proposed rezoning centers around the rerouting of Baxter Lane. He noted that the 8-2- T zoning designation requires that screen- ing against adjacent uses of a different type be provided; and that would include the M-l, R-O and R-4 zoned areas. Mr. Kinshella then addressed the triangle of M-l property that is created by the stream and property lines. He noted that with the 35-foot setback from the stream, 25-foot setback from the one property line and 8-foot setback from the other property line, only a small parcel remains; and it would be difficult to develop. Mr. Kinshella then stated that with the setback requirements, particularly along the stream, the adjacent 8-2- T property will be protected. He then indicated that he anticipates that development within the M-l district will be very com- patible with the 8-2- T development immediately to the east. Paul Kinshella stated that the applicant feels that any "T" overlay actually results in no zoning, since all proposed development must go through the public hearing process. He then requested that the Commission either eliminate the liT," as recommended by the Zoning Commis- sion, or limit the application of the "T" to in-house review only. Mr. Doug Rand, architect representing Carl Tange, submitted a written statement of con- cern to the Commission. He noted that Mr. Tange has developed high-quality lodging facilities on portions of his property; and he is currently reviewing plans for another lodging facility and multi-use area, possibly with convention facilities, on the western portion of his property, uti- lizing the stream as a focal point. I Mr. Rand indicated concern that the M-l development could result in a strip of tall build- ings that would not complement Mr. Tange's development or the west interstate entrance to the community. He then suggested that the Commission zone the easternmost 200 feet of the proper- ty, proposed for M-l zoning, to include a "T" overlay, and require under that "T" that the build- ings not exceed 32 feet in height and that darker earth tone colors only be used. Commissioner Hawks noted that with the interstate entrance, building profile should be considered. He then asked Mr. Rand if he feels there is a more appropriate zone for that parcel than the proposed M-l. 05-16-88 211 Mr. Rand stated that he feels if the M-1 zone is developed carefully, it will be good. He noted that the re-route of Baxter Lane will be a good addition to that area. Mr. Kinshella suggested the possibility of changing the zoning on the easternmost 200 feet currently proposed for M-l to B-2. He noted that would limit development of the parcel that Mr. Rand has addressed, and it would further requi re screening between the two zones within the subject parcel. Mr. Kinshella then assured the Commission that the subject parcel will be I carefully developed to provide a good image of the community upon entrance. He stated that he anticipates that the 17 acres of M-l zoned property will be developed through the subdivision process, noting that strict developmental guidelines could be developed that would ensure quality development. He noted that exterior building materials, color and landscaping could be ade- quately addressed through this mechanism. Commissioner Hawks noted that a light industrial area, heavily landscaped and blending into the terrain can create a grand entrance to a community, if done right. Commissioner Vant Hull stated that a "T" overlay could cause the developmental guideline process to be followed, thus avoiding the need for additional public hearings for each specific building. She noted that developmental guidelines are usually not used in a straight zone. Planner Ron Brey reminded the Commission that the staff and Zoning Commission recom- mended an M-l- T on Saccoccia's property immediately west of the subject site. He noted that the applicant submitted strong protest to the addition of the "T" overlay; and after review, the Commission determined that all of its concerns could be addressed through the usual process. He stated that, based on that determination, the staff felt it was not appropriate to recommend that a "T" be added to the parcel under consideration at this time. Commissioner Hawks expressed concern that the development of this parcel could change with a change in ownership, and the City would not have a way to address it if the appropriate mechanism is not installed now. Planner Brey stated that the "T" designation could address that type of situation the quickest. I Commissioner Hawks stated he feels negative about a "T" overlay; however, he wishes to ensure that developmental guidelines are implemented for the parcel. Commissioner Martel noted that the plans and developmental guidelines may be good; how- ever, a bui Iding could create a negative impact because of poor workmanship. Commissioner Vant Hull suggested that a "T" designation with in-house review could be imposed. Mr. Kinshella stated that the appl icant does not have a problem with a "T" designation with in-house review. He then indicated that the applicant would prefer that the subject 200 feet be zoned B-2; and the property could then be developed in conjunction with Mr. Tange's development. No one was present to speak in opposition to the proposed Zone Map Change. Mayor Stiff closed the public hearing. City Manager Wysocki asked if the proposed 200-foot depth is logical for a different zon- ing. He noted that the distance could possibly need revision to provide for realistic lot sizes. Commissioner Hawks stated support for adding an in-house review "T" to the proposed M-1 district as well as the suggested B-2 along the eastern portion. He indicated this would not create a hardship on the applicant; however, it would provide for staff review to ensure quality and compatible development. Commissioner Vant Hull indicated support for a B-2- T with in-house review on the eastern 200 feet currently proposed for M-l zoning. I Break - 7;56 to 8;00 p.m. Mayor Stiff declared a break from 7;56 p.m. to 8:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Zone Map Change - A-S to B-2, M-l, R-3, R-4 and R-O - Jerry Perkins - Tracts 2 and 3, COS No. 1215 (65.2572-acre parcel south of Baxter Lane, north of West Oak Street ex- tended and west of North 11 th Avenue extended) Mayor Stiff asked for a straw vote from the Commission to give the staff direction in pre- paring a recommendation for consideration at next week's meeting. 05-16-88 212 City Manager Wysocki reviewed the options, as follows: (1) leave the rezoning as re- quested, (2) add a liT" on the easternmost portion of the M-l zoning, with the depth of the par- cel to be determined by staff during the next week, (3) add a "T" to all of the M-1 zoning, or (4) change the zoning on the easternmost portion of the requested M-l zoning to B-2- T . The City Manager noted that a couple of these ideas have come up since the public hearing was closed, so it may be necessary to reopen the hearing at next week's meeting to obtain comment from the appl icant. He then indicated an interest in working with Mr. Rand and Mr. Perkins I during the coming week to develop a proposal that is in the best interests of the community. A straw vote of the Commissioners indicated an interest in pursuing an M-1- T zoning desig- nation, with in-house review, on at least the easternmost portion if not all of the property pro- posed for M-l zoning. A decision will be forthcoming in one week. Public hearing - Zone Code Amendment - Delaney and Compant,' Inc. - amend Section 18.52.140(P) of the Bozeman Municipal Code to include "Professional Offices I as a conditional use in the TR District This was the time and place set for the public hearing on the Zone Code Amendment re- quested by Delaney and Company, Inc., to amend Section 18.52.140(P) of the Bozeman Municipal Code to include professional offices as a conditional use in the TR, Technology Research, Dis- trict. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the Staff Report. He stated that the applicant feels that high tech companies are essentially general office buildings; therefore, professional offices would blend well. He indicated that to allow professional offices in the TR district would enhance the desirability of high tech firms to locate in the TR district because (1) it would encourage stronger financing ability; (2) it would allow flexibility in planning; and (3) professional offices are compatible with other permitted uses in the district. The Planner stated that the permitted uses include administrative and research office fa- I cilities; and the staff has concluded that professional offices are compatible and should be al- lowed as a conditional use. Planner Skelton stated the staff did have concern about establishing some type of space limitation on professional office to ensure that they are accessory to the permitted uses in the TR district; however, the Zoning Commission unanimously agreed that the conditional use process would allow that to be addressed on a case-by-case basis. He stated that, although the Zoning Commission understood the staff's concern about accessory use, they recommended approval of the Zone Code Amendment without any space limitation on professional offices. City Manager Wysocki asked why staff had considered establishing a percentage of the structure for professional office use and a percentage for technology research use. Planner Dave Skelton stated that the staff's original concern was that the main intent of the TR district is to allow the types of uses generally located in that district. He noted that the TR district was created for those uses permitted and accessory to technology research. He stated there is a limited amount of space in which that type of development can occur within the city limits; that the staff felt that some mechanism should be established to ensure the avail- ability of that property for the permitted use. The Planner stated that accessory use was the primary reason for suggesting that the professional office area be limited to a specified per- centage of the floor area. Mr. Mike Delaney, Delaney and Company, Inc., stated that in a letter to the City's Build- ing Division, dated Apri I 18, 1988, Mr. Roger Flair, President of Advanced Technology, Inc. , indicated support for the proposed Zone Code Amendment. He noted that the Technology Re- I search district is the most restrictive zoning district in the community; therefore, technological companies are often locating in other areas of the community. He cited Toomy, Mathis & Associ- ates, located in the Martel Professional Building; Tele- Tech, located on Kagy Boulevard; and I LX Lightwave, located on the East Frontage Road, as examples. Mr. Delaney stated that he feels the use of the TR district is too limiting, which prevents many technological companies from wanting to locate there. He noted that to expand the uses allowed within the district could encourage some of the companies to relocate to the subject dis- trict, noting that they are creative and must be allowed flexibility. 05-16-88 213 Mr. Mike Delaney stated that financial backing is much easier to obtain if the zoning pro- vides for flexibility of use. He cited the Allen-Bradley building as an example, noting that it cost about $3 million to build and furnish; and it was sold for $500,000. Mr. Delaney then stated that he feels the percentage of professional office space allowed in a project should be considered on a case-by-case basis, as recommended by the Zoning Commission. I n response to a question from Commissioner Vant Hull, Mr. Delaney stated that the price I of property is always a value judgment. He noted that people do not perceive the value of the property in a TR district as high as other areas because it does not allow for the flexibility and creativity that can be enjoyed in other districts. Commissioner Goehrung asked if the Commission will have the final review of proposed of- fice development within the TR district. Mr. Delaney indicated that the Commission will review each request on a case-by-case ba s is. He stated this is a better approach than establishment of an arbitrary percentage, noting that change wi II a Iways happen. He noted that what is in vogue today may not be tomorrow; and that is especially true in technology. Mr. Mike Money, professional planner residing at 105 Teton, encouraged the Commission to approved the proposed Zone Code Amendment. He noted this approach might encourage devel~ opment of the technology research area in Valley Unit Subdivision, which would benefit the en- tire community. He then noted that the city currently has over 200 acres of TR zoned proper- ty, most of which is undeveloped. He stated that most zoning districts have 25 to 35 listed per- mitted uses; and the Technology Research District has only a handful. He then noted that the uses in the commercial and highway business districts change over the years; and a variety should be allowed in the TR district to allow change to occur there as well. Mr. Money also reminded the Commission that the tax base remains stable as long as the property values are allowed to remain at a constant rather than declining. He once again en- couraged approval of the application. No one was present to speak in opposition to the requested Zone Code Amendment. I Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission approve the Zone Code Amendment requested by Delaney and Company, Inc., to amend Section 18.52.140(P) of the Bozeman Municipal Code to include professional offices as a con- ditional use in the TR, Technology Research, District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commission - amend Section 18.62.180 of the Boze- re uirements under certain circumstances in the This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the City Commission to amend Section 18.62.180 of the Bozeman Municipal Code to waive the paved parking requirements under certain circumstances in the A-S, Agricultural Sub- urban, and R-S, Residential-Suburban--Country Estates, Districts. Mayor Stiff opened the public hearing. Planner Ron Brey presented the Staff Report. He stated the staff prepared this Zone Code Amendment at the direction of the City Commission. He stated the amendment relaxes the I paved parking requirements under certain conditions in the A-S and R-S districts. He noted these are areas of sparse development, since they range from one to ten acres in size, depend- ing on the requirements of the zone. The Planner stated that the City Commission had expres- sed two specific concerns which are not addressed under this Zone Code Amendment: ( 1) the re- quirement for handicapped access, and (2) the requirement that the lot be paved when the ad- jacent roadway is paved. He indicated the staff determined that the section requiring the in- stallation of walkways adequately addresses the concern about handicapped access; and he is not certain that the unpaved parking lot could be treated differently than any other legal non- 05-16-88 214 conforming use. Planner Brey then suggested that the waiver of paving requirements be limited to per- mitted and conditional uses. He further suggested that this waiver apply only to parking lots with less than fifteen parking spaces and no loading or unloading spaces. He noted that the site for which the waiver is requested could not be located adjacent to a paved street or road- way. Planner Ron Brey stated that the Planning staff met with staff members from the Bui Iding I Inspection Division and the City Engineer to address the issue of handicapped access. He noted that a minimum three-foot walkway must be provided from the building to the parking area; and they felt that might be the best way to address the issue. He then stated that the staff re- viewed the Code, but could find no other situation in which a permitted use would be required to conform with conditions resulting from actions of another property owner or the City. He noted that under the conditional use process, this item could be addressed through the condi- tions imposed. He then suggested that the Commission could require that any facility wishing to exercise the waiver option go through the conditional use process. Mayor Stiff stated he feels that handicapped access should be addressed at this time if it is going to be addressed. Commissioner Martel noted that Zone Code Amendments are not retroactive. He then asked if Heritage Christian School, which would meet the criteria established under this amend- ment, could appeal to the Board of Adjustment after the amendment is finalized. Planner Brey stated that the Heritage Christian School did appear before the Board of Adjustment and was denied. He noted that the Conditional Use Permit for their facility was ap- proved prior to the amendment. He indicated, however, that the school could request a modi- fication to the conditions of the Conditional Use Permit once the amendment is final. He stated that review of the request for modification could address the requirement to pave the parking lot when Durston Road is paved; and the concern about handicapped access could be addressed as well. Mr. Leroy Ensign, Heritage Christian School, stated support for the proposed Zone Code I Amendment. He indicated that the school is willing to go back through the conditional use proc- ess; however, he would prefer an in-house review rather than the lengthy public hearing proc- ess. Mr. Mike Money, professional planner residing at 105 Teton, stated support for the Zone Code Amendmen t. He also expressed support for Mr. Ensign's request, noting that in-house re- view should be adequate since the proposed modification is minor rather than a significant change. No one was present to speak in opposition to the requested Zone Map Change. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission waive the customary one-week waiting period. 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 Goehrung stated an interest in developing a mechanism that would allow a permitted use to proceed under that process if the individuals were willing to pave the parking lot at the time the adjacent roadway is paved. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the Zone Code Amendment to amend Section 18.62.180 of the Bozeman Municipal Code to waive the paved parking requirements under certain circumstances in the A-S, Agricul- tural Suburban, and R-S, Residential-Suburban--Country Estates, Districts. Following a brief discussion, Commissioner Goehrung withdrew his second. No other Commissioner seconded the I motion; and it died. The Commissioners discussed possible ways to address their concerns, then determined it would be best to refer the item back to staff for review and a recommendation. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Zone Code Amendment be referred to staff for review and a recommendation to be submitted at next week's meeting. 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 vot- ing No being Commissioner Martel. 05-16-88 215 B rea k - 9: 20 to 9: 25 p. m . Mayor Stiff declared a break from 9:20 p.m to 9:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1256 - establishing the crime of shooting an arrow, bolt or other projectile from a bow or crossbow or other device within the city limits I City Manager Wysocki presented Ordinance No. 1256, as prepared by the City Attorney, entitled: ORDINANCE NO. 1256 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ESTABLISHING THE CRIME OF SHOOTING AN ARROW, BOLT, OR OTHER PROJECTILE FROM A BOW OR CROSSBOW, OR OTHER DEVICE WITHIN THE CITY LIMITS OF BOZEMAN, MONTANA AND PROVIDING FOR THE PENALTY. The City Manager reminded the Commission that Ordinance No. 1242, which addressed the same issue, was provisionally adopted on September 8, 1987; however at the September 21, 1987 meeting, following public testimony, the Commission voted to table any further action indefi- nitely. City Attorney Becker reviewed the proposed ordinance. He noted that this is an absolute liability crime, which does not require proof of intent. He stated that the Supreme Court of the United States is suspicious of absolute liability crimes which are a potential of long-term jail sentences; therefore, he has limited the penalty to a dollar amount. The City Attorney then in- dicated that the bowhunters' association has reviewed this ordinance and has no problems with it. Commissioner Martel asked if throwing devices, such as atlatls, should be included in the ordinance. He cited a recent incident in which someone was throwing a spear across one of the City's parks with an atlatl. City Attorney Becker concurred it would be beneficial to add "throwing" to the ordinance in the appropriate places, thus addressing items such as atlatls. I The City Manager recommended that the Commission provisionally adopt Ordinance No. 1256, as amended to include "throwing," and that it be brought back in two weeks for final adop- tion. I t was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1256, as amended to include "throwing," and that it be brought back in two weeks for final adoption. The motion 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. Ordinance No. 1257 - amending Sections 5.56.100 and 5.56.146 and adding Section 5.56.145 to the Bozeman Municipal Code to revise limitations on gaming devices City Manager Wysocki presented Ordinance No. 1257, as prepared by the City Attorney, entitled: ORDINANCE NO. 1257 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTIONS 5.56.100 AND 5.56.146 AND ADDING SECTION 5.56.145 TO THE BOZEMAN MUNICIPAL CODE TO REVISE THE REGULATIONS FOR LICENSES ISSUED FOR CARD TABLES AND ELECTRONIC KENO MACHINES AND THE OVERALL LIMITATION ON GAMING DEVICES PER ESTABLISHMENT. The City Manager reminded the Commission that they had discussed this item at their regu- lar meeting of May 9, 1988. I Commissioner Hawks expressed concern with the Commission's decision at last week's meet- ing and stated a desire to revise the proposed ordinance prior to adoption. He noted that the number of machines which the Commission has established is at the bottom of the amount neces- sary to establish a viable casino; and he does not want that type of activity to occur in this community. He then indicated an interest in lowering that number; although he noted that to lower it too much could result in a decline in revenues for the City. Mayor Stiff noted that conversations during the past week have revealed that the Gallatin County Commissioners are considering limiting the number of electronic keno machines to five; and he would be supportive of such a revision for Bozeman. 05-16-88 216 Commissioner Hawks suggested that to decrease the number of electronic keno machines to ten might be adequate to deter casinos. Mayor Stiff stated that he feels to keep the number of gaming devices allowed as low as possible will protect those businesses that have paid local taxes and licenses through the years. Commissioner Goehrung noted that last week's action results in a three-fold increase in the number of devices allowed per establishment. He stated he does not feel he has adequate information to support that increase and would prefer to see the number lowered. I Commissioner Martel noted that hours of operation are not addresssed in this ordinance. City Attorney Becker stated that the State statutes limit the hours of play for video draw poker machines and electronic keno machines, requiring that they be shut off between the hours of 2:00 a.m. and 8:00 a.m. daily. He then indicated that the hours of operation for card tables are not limited by the State statute or local ordinance; therefore, they may operate all night. The City Attorney then cautioned the Commission that three separate acts are involved in ad- dressing the three types of gaming. He recommended that the Commission not address the hours of operation under this ordinance, but rather consider them under a separate ordinance. The City Manager then recommended that the Commission amend Ordinance No. 1 2 5 7, to allow up to five video draw poker machines, up to five electronic keno or bingo machines, and up to two card tables to operate simultaneously in any business location. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that Section 2 of Ordinance No. 1257 be amended to allow a maximum of five (5) electronic video keno or bingo machines and that Section 3 be amended to allow a maximum aggregate of twelve (12) games or machines per location. 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. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Ordinance No. 1257, as amended, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant I Hull and Mayor Stiff; those voting No, none. Discussion - responses to the Montana League of Cities and Towns 1988 Legislative Questionnaire City Manager Wysocki stated that the Commissioners have submitted their responses to this questionnaire; and the Clerk of the Commission has submitted a tabulation of those re- sponses for Commission consideration. He then suggested that the Commission allow the staff to review those responses and prepare responses to be submitted to the League office. T he Com- mission concurred. Appointment to Historic Preservation Advisory Commission (1) It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission appoint Paul Gleye to replace Cecelia Vaniman as a professional member of the Historic Preservation Advisory Commission, with a term to expire on July 1, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Appointments to Zoning Commission (2) It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Allan Dunayer be appointed to replace Lyn Taylor on the Zoning Commission, with a term to expire on June 30, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and I Mayor Stiff; those voting No, none. The Commissioners then noted that none of the current applicants for this commission re- side outside the city limits but within the jurisdictional area and requested that this position be advertised. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 05-16-88 217 (1) A list of "Also Ran" Goals for Fiscal Year 1988-89. (2) An announcement that the City is seeking Requests for Proposals for the initial study stage of the modification/replacement of infiltration/percolation beds at the Waste Water Treatment Plant. (3) An update on the status of the Burkhalter case. The City Attorney noted that the Judge has just returned to the bench and will consider I this item when possible. He further indicated that the plaintiff has offered a compromise, which prompted the memo. (4) A copy of the City Code from North Platte, Nebraska, concerning the requirement to cover loads to garbage, whether in private or public vehicles. The City Manager indicated that the staff is currently in the process of gathering infor- mation prior to developing a proposed amendment that would impose a similar requirement locally. (5) A notice of the next meeting of the Governmental Affairs Committee of the Bozeman Area Chamber of Commerce, which is to be held at noon on Thursday, May 26 at the GranTree Inn. (6) An invitation from Skyland Scientific, Inc., to attend their facility dedication from 5:30 to 7:30 p.m. on Tuesday, May 24, 1988 at 2311 South 7th Avenue. (7) City Manager Wysocki indicated that he met with the band last week. He noted that the City will pay, in addition to its regular contribution, for their participation in the Fourth of July, Sweet Pea, Fair and Rodeo Parade. ( 8) Mayor Stiff asked about the status of the request for a stop light at the inter- section of West Main Street and West College Street. The City Manager indicated that the project has not moved forward in the list of projects; therefore, it will not be completed until some time in the 1990's. (9) Commissioner Martel indicated that on Friday he received a letter from the City- County Planning Board, dated May 2, requesting input on the streamlining process, with the dead- line being today. I Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Request for permission to conduct criterium clinic - Gallatin Valley Bicycle Club - Monday, May 23, 6:00 p.m. - Ravalli, East Granite, Fallon and Pondera (Valley Unit Subdivision A lication for Beer and Wine License - John Bozeman's Bistro, 242 East Main treet - Calendar Year 1988; approval contingent upon receipt of State License Application for waiver of the open container ordinance - Sherwin Cole - Satur- day, Malit28, noon to 5:00 p.m. - Lindley Park (for wedding) Authorize City anager to sign - Engineering Agreement for Wheat Drive outfall sewer - HKM Associates Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Con- sent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Adjournment - 10:18 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 05-16-88