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HomeMy WebLinkAbout1988-10-24 466 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 24, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 24, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Acting City Man- I ager Gamradt, City Attorney Becker (for the latter portion) 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 October 17, 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. Request for permission to address Commission re classification of use - Greg Morgan Acting City Manager Gamradt presented to the Commission a letter from Mr. Greg Morgan, attorney, requesting that the Commission establish a classification of use. He gave a brief his- tory of the item addressed in this request. He stated that Mr. Ray Campeau requested a build- ing permit to construct a 3, OOO-square-foot building to house a bronze sculpture foundry in Block 52 of the Northern Pacific Addition, which is located in the northeast sector of the com- munity. He noted that Planning Director Epple reviewed the request, determining that a bronze sculpture foundry would appropriately be classified under "manufacturing of light consumer goods, II which is a permitted use in the M-1, Commercial--Light Manufacturing, District. The building permit was then issued; and the neighbors submitted a protest. The Planning Direc- tor's decision was then considered by the Board of Adjustment; and that board upheld the deci- I sion. The Acting City Manager then reminded the Commission that the Board of Adjustment is a quasi-judicial body; and its decisions are appealable only to the District Court. Acting City Manager Gamradt then submitted to the Commission a memo from City Attorney Becker, citing the applicable sections of the State statutes and Bozeman Municipal Code. Mr. Greg Morgan, attorney representing Richard K. Devers and Linda R. Klenn, stated that foundries are not listed as a permitted use in the M-1 zone; however, the Planning Director determined that it could appropriately be classified under "manufacturing of light consumer goods. II He stated the Board of Adjustment has the power to hear appeals where it is alleged there is an error in decision made by an administrative official of the City. He noted, however, that under Section 18.06.050 of the Bozeman Municipal Code, the Commission has reserved the authority to determine the appropriate classification of a particular use when questions arise, ad- dressing four specific criteria. He stated that if the Commission addresses that issue in the ap- propriate manner, the residents then have no recourse. Mr. Morgan stated he does not feel that this particular situation has been addressed in the appropriate manner. He asked the Commission to void the Board of Adjustment's decision, since they acted in violation of their jurisdiction, and further that they make a determination on the classification of use, as provided in Section 18.06.050. He then suggested that if the Com- mission does not do so, he will appeal the Board's decision to the District Court; and the Judge will likely find that the City has not acted per its regulations. He noted the decision will then be remanded back to the Commission, for consideration of the issue he is posing today. He sug- gested that for the Commission to take the requested action at this time would avoid the addi- I tional step, with its attendant costs and time delays. Mr. Morgan stated that the other permitted and conditional uses in the district are to be considered in making a decision on classification, as well as whether the use will cause substan- tial injury to values of property in the neighborhood or district where it is to be located. He then reviewed national provisions for the location of foundries, indicating they include blast fur- naces, steel works, rolling of iron and steel, and ferrous and non-ferrous foundries and cast- ings. He suggested that such uses are not compatible with those listed in the M-1 zone. 10-24-88 467 Mr. Greg Morgan then stated that Block 52 of the Northern Pacific Addition is located in a residential area, where many people have upgraded their homes. He noted that Community Development Block Grant funds have been used to improve that sector of the community; and he feels the proposed use would not be compatible with those activities. He then suggested that the residents should not be subjected to the noise, fumes and smoke from a bronze sculpture foundry. I Mr. Morgan stated that the Board's decision must be appealed to District Court within thirty days, which means he must take action by November 2, 1988. He indicated if the Com- mission does not take action on his request, he will seek a restraining order to keep the City from issuing the building permit, after which he will pursue appeal of the Board's decision, if his clients wish him to do so. Mayor Stiff asked if the Commission, the legislative branch, is being asked to enter the judicial area under this request. Planning Director Andy Epple encouraged the Commission to consider the legal counsel which has been submitted through a memo. He noted the City Attorney has advised that deci- sions of the Board of Adjustment are to be appealed to District Court, not to the City Commis- sion. The Planning Director then stated that when this process was started, two options were open--the option taken and the one which Mr. Morgan has requested the Commission now follow. Commissioner Martel asked why this classification of use was not submitted to the Commis- sion initially. The Planning Director indicated that review of Mr. Campeau's existing facility, which has been in operation since 1981 in the M-1 District, revealed no complaints or problems. He further noted that the product from this facility is a small one which is sold to consumers; therefore, he made the determination that the activity is "manufacturing of light consumer goods." He noted that the staff make many decisions of this type each month; and one primary factor is that no questions arose about this item until after the decision was made. The Planning Director then stated sympathy for the residents in the subject M-1 zone; however, he indicated that he feels I the proposed use is I ight manufacturing and, therefore, is appropriate in that zone. Commissioner Vant Hull asked if allowing this bronze sculpture foundry as a permitted use in the M-1 zone will open it up to the uses listed by Mr. Morgan. Planning Director Epple stated that the size of the bronze casting foundry, which pro- duces a small consumer product is much smaller than would be needed for the large industrial applications to which Mr. Morgan referred. He then stated that similar foundries of similar size, creating a similar product, would be allowed in the M-1 zone under this classification; however, no larger facilities would be. Commissioner Goehrung suggested that to act upon Mr. Morgan's request would cause the Commission to override the judicial branch, which could complicate this situation further. Mr. Morgan indicated that he feels the Board of Adjustment acted outside its powers; therefore, the action requested of the Commission would not override any judicial action. He stated that if the classification of use process is followed properly, then no judicial action would follow. He then stated that at this point, he does not feel it is necessary to go before the Dis- trict Court to have the question he has raised directed back to the Commission for action. He once again requested that the Commission eliminate that middle step by taking the action on its own. Commissioner Martel expressed concern about considering the request, noting that the process has already been started and should not be changed at this point. Commissioner Vant Hull stated an interest in considering Mr. Morgan's proposal. Mayor Stiff stated that legal counsel has indicated that Mr. Morgan and his clients appeal- I ed the Planning Director's decision to the Board of Adjustment, therefore, the next step is to District Court. He expressed concern about possibly interrupting the process by acting upon Mr. Morgan's request. Commissioner Vant Hull asked if the appeal to the Board of Adjustment was initiated by Mr. Morgan's clients. Mr. Morgan stated it was initiated by the property owners in Block 52 of the Northern Pacific Addition. He noted that was the appropriate process to follow in appealing the Planning Director's decision. He then stated that he feels the more appropriate process would have been to request that the Commission make a determination on the classification of use. 10-24-88 468 Acting City Manager Gamradt recommended that the Commission refer the appellant to Dis- trict Court if he wishes to pursue the appeal process, per the City Attorney's memo. It was moved by Commissioner Vant Hull that the Commission make a determination on the classification of use, per Section 18.06.050 of the Bozeman Municipal Code. The motion died for lack of a second. Commissioner Hawks noted that the City Attorney, who is not in attendance, should re- spond to the information just presented before a decision is made, and indicated he will be vot- I ing against any motion to recommend appeal to District Court at this time. Commissioner Vant Hull once again indicated support for the Commission making a deter- mination on the classification of use at this time. Commissioner Martel stated the Commission must follow the proper procedure, noting there is no alternative action at this time. Commissioner Goehrung noted that, after serving on the Board of Adjustment, he recog- nizes the jurisdictional lines. He then stated a willingness to make a determination on the clas- sification of use when clearly authorized to do so; however, he noted now is not the time. Mayor Stiff stated the separation of government must be observed, noting he concurs in the City Attorney's recommendation. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the ap- pellants pursue legal action through appeal of the Board of Adjustment's decision to the District Court, if they so choose. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Hawks and Commissioner Vant Hull. Ordinance No. 1270 - amend Section 18.52.140(L) of the Bozeman Municipal Code by adding light manufacturing and assembly compatible with the intent of the T -R District as a conditional use in the B-2 District Acting City Manager Gamradt presented Ordinance No. 1270, as prepared by the City At- torney, entitled: ORDINANCE NO. 1270 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTION 12 OF ORDINANCE NO. 1224 AS CODIFIED IN SEC- TION 18.52.140(L) OF THE BOZEMAN MUNICIPAL CODE BY ADDING LIGHT MANU- FACTURING AND ASSEMBLY COMPATIBLE WITH THE INTENT OF THE T-R DIS- TRICT AS A CONDITIONAL USE IN THE B-2 DISTRICT. The Acting City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of October 11, 1988. He then recommended that it be finally adopted at this time. Commissioner Vant Hull stated she will vote against final adoption of this ordinance be- cause she does not feel it is for the general economic benefit of the community. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1270, amending Section 18.52.140(L) of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No being Commissioner Vant Hull. Request for clarification of condition for approval of Southwood PUD - Clair Daines Acting City Manager Gamradt presented to the Commission a letter from Dr. Stephen Black; a memo from City Attorney Becker; and a memo from the Planning Staff, along with an excerpt from the developmental guidelines and the site plan for the subject development. He noted there is a conflict between the developmental guidelines and the site plan; and the appli- I cant is now requesting a clarification of that item. He then stated that the City Attorney's memo indicates that when a general statement and a specific statement are made on the same issue, the specific statement prevai Is. Planning Director Andy Epple stated that the removal of trees for construction of build- ings within the Southwood Planned Unit Development has been a longstanding issue. He indicat- ed there is an inconsistency between the developmental guidelines, which stated that all trees removed from proposed building areas will be relocated in the perimeter of the development, and 10-24-88 469 the final site plan, which indicates 62 quaking aspen will be planted in the perimeter. He noted that the final site plan was approved and signed by the former Planning Director. The Planning Director stated that approximately 1,000 to 1,500 quaking aspen were locat- ed on the subject site, and it may have been the intention of the Commission to have all of those trees transplanted; however, the site plan specified that only 62 of those trees would be requir- ed in the perimeter area. He then requested that the Commission clarify this issue. I Commissioner Hawks asked if the 62-tree requirement contained on the final site plan has been met. Planning Director Epple stated that a windshield inventory of quaking aspens along Kagy Boulevard and South Tracy Avenue revealed that in excess of 100 trees had been transplanted to those areas. He stated that the staff did not verify compliance of the other items contained on the landscape schedule. Commissioner Vant Hull noted that during construction of Phase I I of this development, the developer was to plant vegetation and transplant trees to the City park area immediately ad- jacent to the site. She noted that trees were transplanted; however, they were not cared for and many seem to have died. She then asked if those are to be replanted, with an assurance that they will survive. Planning Director Epple stated that the staff can make sure that the vegetation is living for a period of eighteen months after it is planted. He then cautioned that the park area is not a part of the site under consideration at this time. Mr. Clair Daines, developer of the Southwood Planned Unit Development, stated that he transplanted trees into the park area near the Pooh Corner. He indicated that he felt it was the responsibility of those in the adjacent building to water the trees so that they would grow; how- ever, the tenant did not. He noted that several problems have arisen on that phase of the dev- elopment; however, they are not currently under consideration. Mr. Daines then stated there has been an on-going disagreement about the intent of the developmental guidelines, indicating that he had personally written them. He indicated that in I the guidelines, it was stated that all of the trees within the building sites would be relocated to the perimeter landscape area; however, that is unrealistic. He noted that many of the trees found in the thickets are marginal for landscaping purposes, therefore, he selected the best ones to be relocated. He indicated that recently he has offered trees from the building sites to anyone who wishes to move them. He stated that he feels there was an error in the way in which the guidelines were written and requested that the Commission clarify the issue. Mr. Clair Daines then stated that the developmental guidelines may be modified or amend- ed by a petition to the Commission, signed by a majority of the on-site landowners. He then stated that he does have such a petition, with the adequate number of signatures, which he is prepared to submit to the Commission. He stated that Dr. Black is the only complaintant; and he feels it is a personal issue. Commissioner Vant Hull asked if there are any trees yet to be relocated. Mr. Daines stated there are probably ten groups of quaking aspen trees to be moved. He indicated he can move some of those trees into the park area to replace the ones which have died. Commissioner Martel asked if a sprinkler system has been installed, noting that trees must be watered regularly when transplanted. Mr. Daines stated that the landscaped areas are fully sprinkled; and he noted all of the trees which have been transplanted to those areas seem to have survived. Mayor Stiff noted that the final site plan specified that 62 quaking aspen be transplanted; and that has been exceeded by at least 50 percent. I Mr. Daines stated that many of the trees have been transplanted to the open spaces with- in the project as well as along the perimeter. He then estimated that approximately 200 trees have been relocated within the total project; and it appears all of them have survived. He noted that the area adjacent to Pooh Corner is the only exception. Dr. Stephen Black stated he is not the only person within this project who is disgruntled with the failure to transplant trees per the developmental guidelines. He indicated, however, that those complaints have been verbal, with none of them being reduced to writing. He stated that he owns one of the buildings in the original part of this development, with his office being located in that building since it was constructed. 10-24-88 470 Dr. Black then stated that the developmental guidelines state "Landscape design will be required which will maintain the 'natural' feeling of the existing aspen grove. All trees which are in the proposed building areas will be relocated in the perimeter landscape area by the Dev- eloper. " He indicated that the transplanting of only 62 trees does not meet the intent of the guidelines, as prepared by the developer. He noted that, although not all of the trees within the building sites are suitable for transplanting, many more of them could have been. Dr. Black then stated that when the site for one of the newer buildings was being pre- I pared, he contacted the Planning Staff and the City Attorney about failure to transplant those trees per the developmental guidelines. He noted that Mr. Daines then transplanted them along the north end of the site, indicating he would relocate them in the spring; however, those trees were never transplanted. Dr. Stephen Black stated that one of the concerns which has been raised to him is that to transplant more quaking aspen in the boulevard area would totally hide the commercial dev- elopment from the street. He stated he feels that would be an asset; and it would help to meet the intent of the developmental guidelines to maintain the 'natural feeling' of the area. He then asked that the Commission resolve this conflict, considering the intent as stated in the develop- mental guidelines. Commissioner Hawks asked Dr. Black how many trees he feels would need to be trans- planted to meet the intent to maintain the 'natural feeling.' Dr. Black responded he feels pro- bably ten times the surviving 150 trees in the project would be needed. Commissioner Vant Hull stated she has a question for the City Attorney and requested that action on this item be delayed for one week to allow time for a response. She noted that Dr. Black has raised the issue of intent; and that is one item not addressed in the City Attor- ney's memo. Commissioner Goehrung asked if the density of the trees to the north and west of the project is similar to that which should be within the project; and Dr. Black stated yes. Commissioner Martel expressed concern that this requested clarification involves only the number of trees to be transplanted. I It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that ac- tion be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Public hearing - Conditional Use Permit - Grigsby Corporation and ILX Lightwave Corporation - allow Ii ht manufacturin and assembl compatible with the intent of the T -R District on Tract 5, Rearrangement of Elk's lub Property (205 Haggerty Lane) This was the date and place set for the public hearing on the Conditional Use Permit re- quested by Grigsby Corporation and I LX Lightwave Corporation to allow light manufacturing and assembly compatible with the intent of the T -R, Technology Research, District, on Tract 5 of the Rearrangement of the Elk's Club Property. The subject site is more commonly known as 205 Haggerty Lane, and is the former site of the Decorator's Walk. Mr. Jim McLean, attorney representing Grigsby Corporation, indicated that he has also been authorized to represent the I LX Corporation in this matter as well. On behalf of his clients, he indicated the" application for the Conditional Use Permit is being withdrawn. He stat- ed that, due to the delay in this public hearing, I LX Lightwave has found another location. He then indicated that settlement negotiations on the subject parcel were completed just this morn- ing; and need for the Conditional Use Permit no longer exists. It was. moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission acknowledge receipt of and accept withdrawal of the application for the above-noted Conditional Use Permit. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. B rea k - 3: 1 5 to 3: 25 p. m . Mayor Stiff declared a break from 3:15 p.m. to 3:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 10-24-88 471 - re uest for vacation Cottonwood Street from North Rouse Avenue to venue, as submitted o ler Acting City Manager Gamradt submitted to the Commission a memo from Director of Public Service Phill Forbes. He reminded the Commission that the request for vacation of the right~of- way for East Cottonwood Street along the north side of Lots 4 through 12 of Block 119 of the Northern Pacific Addition, and replacement with a 30-foot utility easement, was received in late I July. He then summarized the Director's recommendation, noting that he has recommended that a request be made by the owners of properties adjacent to the subject right-of-way and that a 30- foot utility easement be retained. Mr. Bill Roller, applicant, stated that he does, in fact, own approximately 180 feet of the adjacent property at the southeast corner of the subject right-of-way. He noted that the sub~ ject right-of-way extends from North Church Avenue west to North Rouse Avenue, crossing Bozeman Creek. He noted that East Peach Street and East Tamarack Street currently provide adequate east/west traffic flow in that area; and to construct East Cottonwood Street would be very expensive with the stream crossing. Mr. Roller then stated he has talked with all but one property owner, who resides out of town, and they are all interested in the proposed vacation. Commissioner Vant Hull noted that the Commission has discussed establishing a fee for va- cation of public rights-of-way and asked Mr. Roller if he would be willing to pay that fee. Mr. Roller stated that Director of Public Service Forbes discussed that issue with him; and he is willing to pay the necessary fee. City Attorney Becker asked if providing a 30-foot utility easement would be a problem; and Mr. Roller indicated it would not. Commissioner Vant Hull asked how the proposed vacation would affect Mr. Roller's prop- erty. Mr. Roller stated that to convert the existing public right-of-way to a utility easement could have a dramatic effect. He noted that the 15-foot setback from that roadway wou Id be eliminated. Also, the utility easement would be narrower; therefore, he could construct a build- I ing 30 feet closer to the rear property line than is now possible. In response to another question from Commissioner Vant Hull, Mr. Roller stated that he has planned development of a settlement basin within the 35-foot streambank setback. Acting City Manager Gamradt indicated that a resolution of intention to vacate the subject right-of-way will be brought back to the Commission after the two listed conditions have been met and after a policy establishing the fees for vacation has been adopted. Commissioner Vant Hull asked if there is any urgency in this vacation. Mr. Roller stated that, due to his current workload, he cannot begin development of the site until spring; there- fore, the delay will not cause an inconvenience. Discussion - draft business license ordinance Acting City Manager Gamradt stated that a copy of the draft business license ordinance, along with a memo outlining the changes, were included in the Commissioners' packets. He stat- ed that copies of this ordinance and memo were also sent to those who served on the ad hoc committee for almost six months. He noted that five of the members of that committee, Steve Hample, Jim Stephens, Reese Bassett, Bob Macdonald and John Parker, are present for this dis- cussion. The Acting City Manager reviewed the changes contained within the ordinance, as out- lined in the memo. He noted that discussion about licensing of home occupations, and the fee to be established, was lengthy. He suggested that, because of the administrative problems which would be incurred by establishing a license fee for any home occupation with over $5,000 in I gross income, the Commission may wish to establish a $10 registration fee for all home occupa- tions. He then indicated the staff proposes an exemption for all persons under 18 years of age. The Acting City Manager stated that previous discussions have addressed "areas fre- quented by the public; II however, under this ordinance he has proposed the language be chang- ed to "open to the public. II He then indicated that in the past, a new license has not been re- quired when a business changes locations.. He stated, however, that all zoning reviews and in- spections must be completed; therefore, a new fee should be required. Mr. Steve Hample, Chairman of the ad hoc committee, stated support for the proposed or- dinance, noting it generally follows the recommendations made by the committee. 10-24-88 472 Mayor Stiff thanked the committee members for their work on this item. He noted that a year ago, the publ ic indicated that this issue could not be adequately addresssed; however, the committee and staff have worked well together to deliver this final product in draft form. The Commission and committee members then discussed those changes as follows. Mr. John Parker asked about young people who make over $5,000 per year. The Acting City Manager indicated that anyone under 18 years old will be exempt under this ordinance. He further noted that under the staff's proposal, all home occupations would be I required to pay a registration fee, thus eliminating the administrative problems of trying to ad- dress those home occupations with a gross income of $5,000 or more. Mr. Jim Stephens asked if the $10 fee is adequate, or if a higher fee, possibly $20, should be established. Commissioner Hawks asked if the costs of zoning enforcement for home occupations are great enough to warrant a higher fee. The Acting City Manager stated that, as a general rule, little time is spent in zoning en- forcement of this type of business. He noted there are exceptions; however, the proposed fee for this type of license would generate sufficient revenues to approximate those costs. I n response to a question from Commissioner Martel, Acting City Manager Gamradt stated that all home occupations are allowed in all residential zones, as long as no employees are involv- ed and no signs are used. Following discussion, the Commissioners and the committee members concurred in the $10 registration as proposed. Commissioner Martel asked about the delinquent penalty for business licenses. Acting City Manager Gamradt stated that the delinquent penalty is consistent with the current process. He noted that applications for renewal of business licenses are mailed by mid- December; and businesses are given until February 15 to purchase their licenses. A ten-percent simple-interest penalty on the license fee is added each month for all delinquencies, and remind- ers are mailed. Commissioner Hawks noted that under the proposed ordinance, property managers manag- I ing less than three living units are exempted, but all others pay a license fee. He then asked if commercial rental properties should be included as well, or if this was a conscious decision following discussion. Mr. Parker indicated that the issue was raised by one committee member; however, not much conversation occurred. Commissioner Hawks then suggested that managers of commercial rentals should be includ- ed also. Following discussion, the Commissioners and committee members concurred that "living units" should be replaced with "rental unit," thus including commercial rentals as well. Mr. Jim Stephens asked about the committee's recommendation for implementation of an in- spection fee for exempt businesses, which does not appear in this ordinance. The Acting City Manager stated that issue must be addressed in a separate ordinance. He noted the staff plans to pursue that aspect after this ordinance has been completed. Commissioner Vant Hull asked about implementing a $10 registration fee for non-profit or- ganizations which have a permanent structure. City Attorney Becker cited a recent incident in which a religious group called "Reach" came into town and solicited donations. He noted it was not connected to the local "Reach, I nc. ," which addresses needs of the handicapped. He then suggested that to have a registra- tion fee could protect local non-profit organizations in that type of instance. Following discussion, the Commissioners concurred that this item could be included in the proposed ordinance for discussion purposes. Mr. Bob Macdonald stated concern about the provision that the Administrative Service Di- I rector be allowed to establish administrative rules. He suggested that a phrase "subject to Com- mission review and approval" be added to ensure that the rules are realistic. Mr. Macdonald then questioned the provision that a business would be required to pur- chase a new business license upon relocation. Acting City Manager Gamradt stated that inspection of the facility to ensure the public health, safety and welfare is the basis upon which business license fees are established. He noted that when a business changes locations, the same issues must be addressed at the new 10- 10-24-88 473 cation, with the costs for the various reviews, such as police, fire and zoning, being incurred once again. Mr. John Parker noted the $25 registration fee has already been paid, suggesting that only the inspection fee portion be required for relocations. Following a brief discussion, the Commission concurred. Commissioner Vant Hull asked about the license fee for itinerant vendors. I City Attorney Becker reviewed the State statutes. He noted that the law allows the City to charge a maximum of $30 per year for an itinerant vendor. He then indicated that the tran- sient retail and transient wholesale activities are not included in the same statute, therefore, the staff has considered the possibility of separating those activities and increasing the license fee for them. Commissioner Vant Hull noted there are several businesses located outside city limits which conduct business within the city, such as landscaping firms, and questioned whether they would be required to purchase a license under the new ordinance. The Acting City Manager stated that landscaping firms would be considered contractors and, since they have no office space within the city limits, they would be required to pay the minimum license fee. Commissioner Goehrung asked if the $50 license fee for going-out-of-business licenses is adequate. The Acting City Manager stated that most of those establishments cause problems; there- fore, the fee is adequate to cover the costs incurred. Commissioner Martel asked if the ordinance establishing inspection fee for exempt busines- ses should be considered along with this ordinance so that it becomes effective as of January 1, 1989 as well. City Attorney Becker stated there may not be adequate time to prepare the ordinance and consider it appropriately to have it become effective as of January 1, 1989. He then reminded the Commission that this ordinance must be finally adopted not later than November 28 to meet I the January 1 effective date. The Commission concurred that the business license ordinance be provisionally adopted at the November 7 meeting, with a public hearing to be held on November 21 and final adoption on November 28. The Commission thanked the ad hoc committee members for their input and work on this item. NOTE: Commissioner Vant Hull left the Commission meeting at 4:40 p.m. Pledged Securities as of September 30, 1988 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Martel and Mayor Stiff have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commis- sion approve the inventory of the Depository Bonds and Pledged Securities as of September 30, 1988, and a list of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES SEPTEMBER 30, 1988 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman I Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: North Slope Borough Alaska GO 9.5 06/30/90 312086 105,000.00 North Slope Borough Alaska GO 9.5 06/30/90 314724 45,000.00 Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax I ncr. 8.10 02/01/97 478054 100,000.00 Saint Cloud, Minn. GO RFDG 8.25 02/01/97 478625 100,000.00 10-24-88 474 North Slope Borough, AK GO 9.25 9/20/89 257806 200,000.00 State of Hawaii 11.5 8/01/90 181125 200,000.00 So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U. S. Treasury Notes 7.3 2/15/91 688641 1,000,000.00 SUB TOTAL - First Security Bank - Bozeman $1,950,000.00 Pledging Amendment to Repurchase Agreement: I U.S. Treasury Note 6.25 2/28/89 591223 1,000,000.00 Western Wy CCD GO 11. 25 7/01/91 226882 150,000.00 Sherburne Elk River Law Fac. 6.5 2/01/92 526060 200,000.00 Sherburne Elk River Law Fac. 6.25 2/01/91 526061 200,000.00 Montana St Bd Hsg SFM 6. 1 6/01/97 161429 100,000.00 Total to Repurchase Agreement 1,650,000.00 TOTAL - First Security Bank - Bozeman $3,600,000.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/89 H1127 1,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/89 H29972 3,750.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 H943 120,000.00 I TOTAL - Montana Bank of Bozeman, Montana $ 183,625.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U. S. Treasury Notes 6.75 9/30/90 9893 200,000.00 TOT AL - Fi rst Citizens Ban k of Bozeman - Bozeman $ 200,000.00 INTERWEST BANK OF MONTANA - Bozeman Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with Norwest Bank Minneapolis, N .A. Federal Hm Loan Bank 8.250 5/25/90 029676 150,000.00 Federal National Mortgage Assn. 9.250 11/10/94 242354 150,000.00 TOT AL - I nterWest Bank of Montana-Bozeman $ 300,000.00 FI RST BAN K BOZEMAN I Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with First Bank National Association Bay County Mich. 7.50 5/01/93 000919 300,000.00 TOT AL - First Bank Bozeman $ 300,000.00 10-24-88 475 This is to certify that we, the Commission of the City of Bozeman, in compliance with the pro- visions of Section 7-6-207, M.C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, First Bank Na- tional Association and Norwest Bank of Minneapolis for the Depository Bonds held by the Direc- tor of Finance as security, for the deposit for the City of Bozeman funds as of September 30, 1988, by the several banks of Bozeman and approve and accept the same. I ALFRED M. ST I FF, Mayor WAL TER MARTEL, Commissioner JAMES L. GOEHRUNG, Commissioner MARY B. VANT HULL, Commissioner R. L. HAWKS, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Application for Gaming License - Hipshot's Lounge, 513 West Aspen Street - one video draw poker machine - through June 30, 1989 Acting City Manager Gamradt presented to the Commission an application for Gaming Li- cense, along with the required fee, submitted by Hipshot's Lounge for one video draw poker ma- chine. He noted this will authorize issuance of a license for the fifth video draw poker in this establishment and recommended approval of the application. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the application for one video draw poker machine submitted by Hipshot's Lounge. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, I none. Discussion - FYI Items Acting City Manager Gamradt presented to the Commission the following "For Your Infor- mation" items. ( 1 ) Agenda and packets for the Zoning Commission meeting to be held on Tuesday, October 25. (2) A packet of information concerning cable television franchising, as submitted by Commissioner Vant Hull. (3) A news release concerning leaf pick-up, which begins tomorrow. ( 4) The Acting City Manager indicated one of the Constitutional Amendments on the ballot pertains to investment of public funds. He noted that if this amendment, which would al- low for investment in common stock, is approved, he may ask the Commission to review the City's investment policy. Commissioner Hawks asked if the League has taken a position on this issue. The Acting City Manager stated that few Cities currently invest in ST I P; therefore, he doesn't know if they have addressed the issue. (5) City Attorney Becker stated that the Peavys have filed suit against the City for a sewer back-up at their residence. (6) Commissioner Goehrung asked about the information on the Attorney General's draft opinion and the decision on a Billings lawsuit, which were in the Commissioners' mailboxes. I City Attorney Becker indicated he must respond to the draft Attorney General's opinion by November 7. He then indicated the decision on the Billings lawsuit illustrates the exposure which Commissioners assume in failing to follow legal advice when voting. Adjournment - 4:53 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. 10-24-88 476 The motion carried by the following Aye and No vote; those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I I 10-24-88