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HomeMy WebLinkAbout1986-12-15 --~-'--'---'_.. 018 conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. Mayor Mathre suggested that the Commission may wish to split this motion into two different portions, dealing with the questions about screening requirements first. She then asked how long the proposed fence should be between the Sebena property and the Tootell property. I Senior Planner Elkins stated that a six-foot-high fence cannot be located within the 25-foot front yard setback, suggesting that it could be required along the remainder of the property line. The motion was then amended as follows: It was then moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commission divide the question and discuss adding the following condition to the proposed Conditional Use Permit: 11, That the applicant repair the hedge along the west side of the parking lot, plant a hedge or provide some other acceptable form of screening along the east side of the parking lot, and construct a minimum six-foot-high solid board fence between the Sebena and the Tootell properties, which front on South 9th Avenue. Following discussion, Commissioner Stiff withdrew his amended motion, indicating that he wished to return to the original motion. The following substitute motion was then placed on the floor: It was moved by Commis- sioner Martel, seconded by Commissioner Jordan, that the Commission approve the Conditional Use Permit requested by Lewis and Clark Family Restaurant to allow a bar to be located in the lower level of the Lewis and Clark Motel, with an official address of 809 West Babcock Street, subject to the followi ng conditions: 1, The note on the site plan indicating that a landscape plan will be provided at a later date shall be removed prior to final site plan ap- proval. 2. The note on the site plan indicating that the alley will be reconstructed I and paved to a 12 to 14 foot width will be corrected. The alley shall be reconstructed and paved to a 20 foot width except for that portion adjacent to the Big Brothers and Sisters building, which shall be reconstructed and paved to a 14 foot width. 3. The grandfathered off-street parking for the residential structure located on portions of Lots 22, 23 and 24, Block G, Story's Addition, must be identified on the final site plan. 4. No more than 26 seats shall be allowed in the bar area. If additional seating is provided, additional off-street parking shall be provided in accordance with the Bozeman Municipal Code, subject to written approval by the Planning Director. 5. Prior to final site plan approval, the applicant shall obtain the ap- propriate approval for designation of the proposed alley access as a one-way right of way. 6. The landscaping plan shall include a minimum of one tree per every three off-street parking spaces. The landscaping plan shall be corrected to reflect the elimination of the "optional" landscape island prior to final site plan approval. 7. A complete drainage plan providing all necessary information and cross sections shall be submitted for review and approval by the City Engineering Office prior to final site plan approval. 8. Additional curbing shall be identified on the final site plan delineating the east and west boundaries of the parking lot exit. 9. Off-street parking, excepting the four grandfathered spaces, shall be I located outside of required side yard setbacks prior to final site plan approval. 10. The bar area and associated accesses shall be brought into compliance with the Uniform Building Code prior to occupancy and use of the bar. Detailed building plans and improvements, as required, shall be submitted documenting the necessary improvements for review, and written approval shall be obtained from the City Building Inspection Division and the City Fire Department prior to final site plan approval. The long dead-end hallway in the basement shall be made inaccessible to patrons of the bar via a locked door with a sign indicating IIno exit," in a manner acceptable to the two previously listed departments. 12-15-86 ------ ----~---- 019 11. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to in- stallation of the improvements, it must be secured by a method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. 12. Three copies of the final site plan containing all the conditions, cor- I rections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 13. All on-site improvements (i .e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Jordan; those voting No being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre. The original motion, to approve the Conditional Use Permit subject to the fourteen listed conditions, then carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Martel. I City Manager Wysocki presented to the Commission a letter from Sanderson/Stewart/Gaston Engineering, representing the MSU Endowment and Alumni Foundation, requesting a one~year extension of the Preliminary Plat for the Advanced Technology Park Subdivision, Phase II. The City Manager reminded the Commission that they had approved this subdivision on December 23, 1985, subject to fifteen conditions, and recommended approval of the requested one-year exten- sion, sti" subject to the fifteen original conditions. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the one-year extension of the preliminary plat for the Advanced Technology Park Subdivision, Phase ", requested by Sanderson/Stewart/Gaston Engineering for the MSU Endowment and Alumni Foundation, subject to the fifteen conditions attached to the original approval. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Protest for payment of penalty and interest on special assessment - Richard A. Wortman, 3025 Westridge City Manager Wysocki presented to the Commission a letter dated December 9, 1986, from Mr. Richard A. Wortman, 3025 Westridge, requesting that the Commission waive the penalty and additional interest due to acceleration on his delinquent 1985 special assessments. Mr. Richard Wortman gave a brief history of the financing on his home since September I 1, 1983. He noted that his initial financing was with Utah Mortgage, which was absorbed by First Security Realty Service, then transferred to Manufacturers Hanover Mortgage Corporation, which has just recently sold to Fireman's Fund Mortgage Corporation. He stated that an escrow account was established under the original financing with Utah Mortgage; however, at the time the transfer was made to Manufacturers Hanover Mortgage Corporation, credit was not given for approximately $2,200 in escrow monies. Mr. Wortman stated that he has written several letters in the past year trying to find those missing monies, but he has been unsuccessful to date. 12-15-86 020 Mr. Wortman indicated that he is now in a position to payoff the entire balance of his special improvement district assessments. He is, however, requesting that the penalty and the interest on the accelerated balance be waived because the mortgage company was to have made those payments from the escrow account. He noted that he is willing to pay the interest on that portion of the assessment which is currently delinquent. I n response to a question from Commissioner Vant Hull, Mr. Wortman indicated the penalty and interest that he is requesting be waived is probably $800 to $1,000. He also noted I that the special assessments probably have about ten years left under the original schedules. Commissioner Vant Hull stated she feels it would be in the City's best interests to waive the penalty and additional interest in this instance because it would be offset by an early pay-off of an assessment. City Manager Wysocki reminded the Commission that last year they had received a similar request, for different reasons; and the Commission took no action, which effectively denied the request. He then noted this request is before the Commission because it does not comply with City policy, cautioning them about deviating from that policy. He stated the back-up copies of letters submitted by Mr. Wortman do not begin until after last year's assessments had become due. The City Manager then stated that he feels Mr. Wortman's request is actually a civil matter between him and the mortgage company; and the City should not become involved. Commissioner Martel noted that the applicant has become a victim of circumstances because his representative has confiscated more than $2,000 which he had paid in good faith. Commissioner Stiff stated concurrence with the City Manager's final statement, noting that the issue actually lies between the applicant and the individual who made the legal promise to take care of the escrow funds in a fiduciary capacity. The Commissioner then cautioned the Commission that to approve this request would be to establish a dangerous precedent, particularly in view of recent legal actions. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve Mr. Wortman's request for waiving of the penalty and additional interest on the accelerated balance upon payment in full of the assessment balance. The motion failed by the I following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Martel; those voting No being Commissioner Jordan, Commissioner Stiff and Mayor Mathre. Break - 3:05 to 3:12 p.m. Mayor Mathre declared a break from 3:05 p.m. to 3:12 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Release of monies to reimburse John Scully for purchase of the Milwaukee right-of-way City Manager Wysocki reminded the Commission of previous Commission action authorizing the City to purchase a 15-foot strip along the center of the Chicago. Milwaukee, St. Paul and Pacific Railroad right-of-way, along with those portions of the 50-foot right-of-way not purchased by the adjacent property owners. He noted that the process of purchasing this property has been completed; and Mr. John Scully, attorney and trustee for the acquisition of the right-of-way, has submitted a letter requesting reimbursement in the amount of $4,100.00 for the purchase of that right-of-way. The City Manager then reminded the Commission that on March 1, 1982, the Commission established the Milwaukee Railroad Right-Of-way Trust Fund, with the stipulation that those monies be utilized for acquisition only; and the fund balance in that account as of June 30, 1986, was $3,376.42. He further noted that on January 17, 1983, the Commission earmarked $10,800.00 in the Parkland Trust Fund for purchase of the right-of-way. The City Manager then recommended that the Commission authorize payment of the $4,100.00 to Mr. Scully, to be I taken initially from the Milwaukee Railroad Right~of-way Trust Fund and the remainder from the Parkland Trust Fund. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize the release of all of the monies in the Milwaukee Railroad Right-Of-way Trust Fund, with the remainder of the $4,100.00 to be taken from the Parkland Trust Fund, to reimburse Attorney John Scully for handling the purchase of the Milwaukee Railroad right-of-way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, 12-15-86 J21 Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Release of monies for improvement of the linear park City Manager Wysocki submitted to the Commission a recommendation from the Recreation Advisory Board that $3,000.00 be allocated toward development of the linear park, to be used I in conjunction with $5,000.00 in Rotary Club monies. He then concurred in that recommendation, with the stipulation that the only improvements to be made at this time would be the safety items. He further recommended that the Commission release the earmark on the remainder of the $10,800.00 in the Parkland Trust Fund so the monies can be utilized in another manner. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the expenditure of up to $3,000.00 in Parkland Trust Fund monies for improvement of the Milwaukee Railroad right-of-way, limited to safety items only; and that the Commission further release the earmark on the remainder of the $10,800.00 in the Parkland Trust Fund placed on January 17, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Commissioner Vant Hull asked when the Commission will make a decision on the proposed development of the linear park. She then noted that the linear park traverses several zoning districts and asked if the Commission should direct the staff to take the necessary zoning actions to designate the linear park as such. City Manager Wysocki noted that zoning action must be taken to officially designate the linear park, possibly through the Conditional Use Permit process or the Zone Map Change process. He then recommended that the Commission direct the staff to take the necessary actions to proceed with that matter, since it must be initiated by the City Commission or the Zoning Commission. He indicated that during that action, the Commission would review any proposed plans for development of that park. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize and direct the staff to proceed with the necessary zoning steps to designate that portion of the Milwaukee Railroad right-of-way recently purchased by the City as a linear park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Commission Resolution No. 2641 - certifying delinquent assessments for SI D Nos. 621, 622, 623, 624, 625 and 637 for the period 1982 through 1985 to the County City Manager Wysocki presented Commission Resolution No. 2641, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2641 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS PREVIOUSLY DUE AND PAYABLE FOR SPECIAL IMPROVEMENT DISTRICTS 621, 622,623,624,625 AND 637, AND UNPAID, DELINQUENT, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE COUNTY TREASURER FOR COLLECTION AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 7-6-4423 AND 7-12-4188, MONTANA CODE ANNOTATED. The City Manager stated that this Resolution, as well as the following two Resolutions, address the certifying of delinquent assessments as of December 1, 1986, to the County. He noted that some of those listed on the attached schedules have paid the assessments between I December 1 and today; and those will be submitted to the County along with a letter releasing them back to the City's books. Commissioner Martel questioned why this Resolution plus the following Resolution apply to the same Special Improvement Districts. Director of Finance Gamradt noted that this item, as well as the following item, ad- dresses delinquencies in the Valley Unit Subdivision. He reminded the Commission that in September, they certified the Valley Unit Corporation's delinquencies for the period 1982 through 1985 to the County. He noted that, at that time, the individual property owners were 12-15-86 -~------ .-.-. 02i given an opportunity to bring those delinquencies, caused by the Corporation's default, on their properties current or to establish a repayment schedule; however, some of those individuals did not. He then indicated that Commission Resolution No. 2641 certifies to the County as delinquent those property owners not making arrangements to pay those back assess- ments; and Commission Resolution No. 2642 certifies to the County all 1986 delinquent assess- ment. He then noted that these Resolutions are in addition to the one adopted in September. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission I , adopt Commission Resolution No. 2641, certifying delinquent assessments for SID Nos. 621, 622, 623, 624, 625 and 637 for the period 1982 through 1985 to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Commission Resolution No. 2642 - certifying delinquent assessments for SI D Nos. 621, 622, 623, 624, 625 and 637 for 1986 to the County City Manager Wysocki presented Commission Resolution No. 2642, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2642 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE ON NOVEMBER 30, 1986, FOR SPECIAL IMPROVEMENT DISTRICTS 621, 622,623,624,625 AND 637, AND UNPAID, DELINQUENT, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE COUNTY TREASURER FOR COLLECTION AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE AND SECTION 7-6-4423 AND 7-12-4188, MONTANA CODE ANNOTATED. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2642, certifying delinquent assessments for SID Nos. 621, 622, 623, 624, 625 and 637 for 1986 to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. I Commission Resolution No. 2643 - certifying delinquent accelerated SID's to the County City Manager Wysocki presented Commission Resolution No. 2643, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2643 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL. ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1986, AND UNPAID AS OF THAT DATE, DELINQUENT, AND DECLARING AL.L PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT INSTALLMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESS- MENTS, UNPAID AS OF NOVEMBER 30, 1986, ALSO DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Commissioner Martel asked if the City would incur any problems through acceleration of these delinquencies, since the previous two Resolutions did not accelerate the balances and in light of recent court rulings. City Attorney Becker stated that the recent court rulings uphold the acceleration of delinquent assessments. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2643, certifying delinquent accelerated Special Improvement District assessments to the County. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Abatements for Fiscal Year 1986-87 assessments City Manager Wysocki presented to the Commission a summary of the requests for abatement of special assessments for Fiscal Year 1986-87. He stated that Director of Finance Gamradt has reviewed the requests for abatement and found them to be correct, as follows: 12-15-86 U23 N;ne A:i:t'ess P6ses9'1'e1t Pt:ate to: Reasa1 .Ju I es l.ip3lrre 313 N. Chn:f $57.00 - - Vaca1t sirce ..lu1e 1985 M:lrtta Or i sten 309 Perkins $62.70 - - Vacant for three years Carl Stimson 1615 S. Black #75 $57.00 - - Vacant property Peace Inc. 425 N. Ida $57.00 - - Vacant property I Loren Winks 116 E. Dickerson $62.70 $31.35 UnoccuPied for six months It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the applications for abatements for Fiscal Year 1986-87 garbage assessments, as listed above, and the Director of Finance be authorized and directed to enter the abatements on the tax record. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Audit report for Fiscal Year 1985-86 City Manager Wysocki reminded the Commission that they had received copies of the audit report at last week's meeting, when the exit conference was held. He then recommended that the Commission acknowledge receipt of the audit report for Fiscal Year 1985-86. Commissioner Martel asked several questions about the Management Letter, including how fast the staff can react to some of the recommendations and utilization of the System/38 computer. Commissioner Stiff noted that during the Audit Committee meeting, the staff noted that documentation of practices currently in place will address several of the comments contained in the letter. City Manager Wysocki reminded the Commission that the staff asked the auditors to review the electronic data processing area last year for the first time. He noted that the first few I years of review will contain a substantial number of items to be addressed; but that list should be reduced as the process continues. The City Manager then turned the Commission's attention to one of the recommendations on Page 11, which suggests that the City seek ways to expand the programming staff to relieve pressure on Bob Schunke. He also reminded the Commission that one-time projects, including Valley Unit special assessments and revision of the water billing process due to the PSC ruling, took a substantial amount of the programmer's time during the past fiscal year. He further indicated that Computer Programmer Schunke noted during the Audit Committee meeting that comments about documentation can be made on a constant basis because a programmer is always involved in writing a new program or revising an existing program. Commissioner Vant Hull asked if the administration is considering hiring of additional personnel or contracting out some of the work. The City Manager stated that the City currently has a gentleman working on contract on a project-by-project basis. He further noted that the City may wish to hire a half-time programmer to free Bob Schunke's time so he has an opportunity to address some of the more complex items. He reminded the Commission that the City now has the hardware to accommodate the City's needs; but staff time is needed to prepare the programs to utilize the system. The City Manager noted that one of the recommendations suggests that the City may wish to increase the limit for capitalization from $250 to $500. He stated that a review of the existing fixed asset list reveals that few items would be affected; and he feels that to keep the lower limit will provide more control over the purchase of more expensive items. I Commissioner Vant Hull asked about the transfer of forfeited appearance bonds from City Court to the City. Director of Finance Gamradt stated this is one of the areas where additional computer programming would be helpful, although the transfer could probably be calculated manually by the current City Court staff. He then indicated that the additional interest earned through timely transfers would eventually pay for the programming time needed; however, it would probably take a minimum of two years. 12-15-86 02!!- Commissioner Vant Hull asked if the $325,000 in vacation and sick leave liability is high and if there is any way to decrease that amount. The City Manager stated that amount is recognized because it is actually a liability. He then noted that the staff generally tries to absorb the payoff in the current budget through leaving the position vacant rather than using those monies set aside to cover that liability. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the audit report prepared by Coopers and Lybrand for the Fiscal Year I 1985-86. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - Commission action on 1-105 City Manager Wysocki stated that Commissioner Vant Hull has requested this item be placed on the agenda. Commissioner Vant Hull reminded the Commission of the memo she had distributed on the meeting she attended recently on 1-105, which would freeze property taxes at the 1985 level. She then encouraged the Commissioners to consider contacting the local legislators, urging them to consider alternative statewide funding sources to replace monies lost through decreases on property tax revenues. She suggested the Commissioners could write a letter or they could personally contact the various legislators on an individual basis. The Commission concurred that some action should be taken; and Mayor Mathre indicated she would draft a letter for consideration at next week's meeting. Discussion - FY I items City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. (1) A noon luncheon meeting of the Chamber of Commerce and the Gallatin Development Corporation to be held at the GranTree Inn on Wednesday to discuss legislative concerns. I (2) The decision has been made on funding of CDBG applications, with Lewistown and Butte being the only two to receive economic development grants. The City Manager noted that $490,000 will be available for economic development projects during the upcoming application period; and one of the consent items addresses that process. (3) The City Manager noted that Mrs. Donna Murdock has indicated a desire to address the Commission and suggested that she be allowed to do so at this time. Mrs. Murdock, 1119 South Willson Avenue, indicated that on December 9 the snowfall was cleared from their sidewalks by a contracted gentleman by 9:30 a.m., after which a slight skiff of snow fell. She noted they received a warning notice, dated December 9, to clear the side- walks; and she promptly contacted a City Commissioner as well as City Hall. Mrs. Murdock stated that on the morning of December 12, a City official came to her house and told her, rather impolitely, to clear the walks. She indicated that she immediately began to call Commissioners, after which she went out and shoveled the skiff of snow from the sidewalk along West Garfield Street. She also noted that the City Engineer and another City employee stopped by and suggested that sand be used, since the snow had become quite well packed. Mrs. Murdock then indicated that on the morning of Sunday, December 14, she cleared a path along her sidewalk: and the young man who cleans the walks came in the evening and totally cleared them. She then noted that clearing of snow from the sidewalks in conformance with the ordinance is expensive, costing her $84.00 to date. She suggested that the enforcement of this ordinance be carefully reviewed. City Manager Wysocki stated he was the City official who went to Mrs. Murdock's home I on Friday, December 12. He indicated he looked at the door hanger which was left, but it did not suggest that abrasives be used but indicated that the snow needed to be removed. He then stated that he did stop because he noticed that the sidewalk from the public walk to the door was totally cleared, while the public sidewalk along South Willson Avenue was all right, but the West Garfield Street sidewalk was snowpacked. He stated he suggested the use of abrasives to Mr. and Mrs. Murdock, noting that he did raise his voice during the conversation and may have said, IIClean the damn sidewalks," for which he apologized. 12-15-86 U25 City Manager Wysocki stated that snow removal must be done after the snowfall, even if it has been done during the snowfall. He then reminded the Commission that when he stopped to see the Murdocks, it was three days after the snowfall. He noted that when he drove to work this morning, after yesterday's snow, the sidewalk looked fine. Mrs. Murdock requested that the City enforce the ordinance using common sense, since this is Montana. I The City Manager noted that the question of enforcing the snow removal ordinance arises each year. Mayor Mathre asked if the sidewalk must be cleared so it is totally bare. Director of Public Service Dick Holmes stated that the ordinance alludes to a totally bare sidewalk; however, the people enforcing the ordinance do make judgment calls when they hang the notices. City Manager Wysocki noted that if the sidewalk is not totally cleared and a skiff of snow falls, the sidewalk could become very slippery and dangerous. Commissioner Martel stated that after he had received the call from Mrs. Murdock, he traveled around that area and found several places with worse sidewalks that had not received door hangers. He further noted that the sidewalks around the City parks and along School District property were more snowpacked than the Murdocks' sidewalks. The Commissioner stated that he feels a snowblower should be an acceptable method of snow removal. Commissioner Stiff noted that during their initial conversation, Mr. Murdock suggested the employees may be overzealous and lack in uniform application of the ordinance. The City Manager stated he feels the intent of the ordinance is excellent, but enforce- ment has caused some problems. He then noted that the City has received several calls stating support for the ordinance and the manner in which it is enforced. Commissioner Vant Hull submitted to the Commission pictures which she took on the morn- ing of December 12. She noted that some of the sidewalks along the parks were rather well cleaned while others were quite snowpacked. I The City Manager stated he has discussed the enforcement of the snow removal ordinance with Director of Public Service Holmes on several occasions, noting that the actual enforcement does become a judgment call by those putting out the warning notices. He indicated that they will further review the matter. (4) Commissioner Vant Hull reminded the Commissioners that they as well as the legisla- tors have been invited to attend a meeting tomorrow at noon at the Senior Center. (5) Commissioner Vant Hull noted concern about the licensing of electronic keno machines in convenience stores. She suggested the City may wish to revise its ordinance to limit the placement of those machines if possible. City Attorney Becker noted that the State Statute does not address keno; however, the Supreme Court has ruled that keno is a form of bingo. He noted that a local governing body may issue licenses for electronic keno machines in establishments licensed for the sale of specified types of items according to the State Statute; however, that statute does not make the licensing mandatory. Mayor Mathre suggested that limiting the location of electronic keno machines in a manner similar to that in which the video draw poker machines are limited would seem appropriate. Commissioner Jordan expressed concern about having machines in a location where young people can play them, suggesting that the location may somehow be tied to the drinking age. The Commission requested that the City Attorney draft an ordinance for consideration. (6) The City Attorney stated that the Crime Control Board is proposing legislation which will require cities to pay counties for incarceration of prisoners on State Code violations. I He noted all comments must be submitted by Thursday, December 18; and he plans to respond. (7) Mayor Mathre noted that the Commissioners have received invitations to attend the Abundant Life Fellowship church next Sunday, at which time the pastor proposes to present turkeys to the public officials. She then reminded the Commissioners that the State Statutes specifically state that public officials cannot accept gifts. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II 12-15-86 02b Appoint Mike Money ~s...J.I~2ri~9s Offic;.~.J.9! th_e..._~_~n~i:_~_~~~_aJ~e~!~~tion period ( ec.!?!l_o~ic _~~,:!elopm~_~!_e.!:~~~~s) Claims Application for Gaming License - Little Big Men, 621 West Mendenhall - one video draw poker machine - through June 30, 1987 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Adjournment - 4:55 p.m. There being no further business to come before the Commission, it was moved by Commis- sioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 12-15-86