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HomeMy WebLinkAbout1986-02-18 66 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 18, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 18, 1986, at 4:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - February 3 and 10, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the February 3, 1986, meeting be approved as amended. 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. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of the February 10, 1986, meeting be approved as submitted. 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. Open bids - tractor/loader for Park Division (CIP) This was the time and place set to open the bids for the tractor/loader for the Park Division. The City Manager noted that this purchase is to be funded through the Capital Improve- ment Program. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids for the tractor /loader for the Park Division be opened. The motion carried by the following' Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner I Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. 60-month Gross Bid Trade In Net Bid Lease/purchase Churchill Equipment Co. Manhattan, Montana $26,500.00 $ 2,000.00 $24,500.00 $600.73 Dorn Equipment Co., Inc. Bozeman, Montana $33,748.00 $12,753.00 $20,995.00 $427.71 Gallatin Equipment Co. Belgrade, Montana $24,585.00 $ 2,590.00 $21,995.00 $489.49 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids for the tractor /loader for the Park Division be referred to staff for review and a recommendation to be submitted in one week. 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. Open bids - dump truck for Street Division (CIP) This was the time and place set to open the bids for the dump truck for the Street Division. The City Manager noted that the purchase of this item is to be funded through the Capital Improvement Program. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bids for the dump truck for th'! Street Division be opened. 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. The following bids were then opened and read aloud. Gross Bid Trade In Net Bid Bozeman Ford, I nc. Bozeman, Montana $29,633.84 $ 1,699.84 $27,934.00 02-18-86 --- ---~ 87 Gross Bid Trade In Net Bid Kamp Implement Company Belgrade, Montana $33,771.00 $ 250.00 $33,521.00 Demarois Olds-GMC Missoula, Montana $26,273.00 $ 1,700.00 $24,573.00 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for I the dump truck for the Street Division be referred to staff for review and a recommendation to be submitted in one week. 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. Award bid - 95-foot quint aerial apparatus for Fire Division (special voted mill levy) This was the time and place set to award the bid on the 95-foot quint aerial apparatus for the Fire Division. The City Manager noted that this item is to be funded through a special voted mi II levy. City Manager Wysocki presented to the Commission a memo from Fire Chief Lee Lewis recommending that the bid submitted by Ladder Towers, Inc., Ephrata, Pennsylvania, through Superior Fire Apparatus, Helena, Montana, in the amount of $295,755.00 be accepted, noting that was the low bid received. The City Manager then concurred in that recommendation. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bid for the 95-foot quint aerial apparatus for the Fire Division be awarded to Ladder Towers, Inc., Ephrata, Pennsylvania, through Superior Fire Apparatus, Helena, Montana, in the amount of $295,755.00, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. I This was the time and place set for the decision on the Conditional Use Permit requested by Delta Gamma Sorority, Quad F, to allow a women's sorority on Lots 7, 8, 9 and 10 of Jollife Rearrangement of Block 15, Capitol Hill Addition. This site is more commonly known as 405 West Cleveland Street. City Manager Wysocki submitted to the Commission the following written staff recommendation: I . In reviewing the recommendation of the Zoning Commission, the Staff Re- port, the testimony at the public hearings, the various petitions, the site under consideration and the surrounding area, the Commission notes particularly the following: 1. This is a case of first impression since no conditional use permit for a fraternity or sorority has been requested or issued in the past. All existing fraternities and sororities located in residential areas existed prior to the adoption of the Zoning Code in 1973. 2. The site at 405 West Cleveland Street is bordered on the south by West Cleveland Street, which is approximately 29 feet wide and has parking restricted to its north side. South Fourth Avenue is on the east and is minimally improved to a width of .approximately 24 feet with no sidewalks. The alley to the north is essentially unimproved and is approximately 12 feet wide. To the west is a single-family dwelling which is owner-occupied during the school year. 3. The house presently existing on the site contains a bedroom with a bath in the basement, a half bath on the main floor and four bedrooms plus a full bath on the second floor. I 4. The use proposed is for 16 persons living as a traditional sorority / fraterni ty house. 5. The Staff Report, as a preliminary document, did not address nu- merous facts and comments raised during the public hearings before the Zoning Commission and the City Commission. 6. Of those properties located within 150 feet of the perimeter of the site, excluding streets and alleys, just over 55 percent objected to the placement of the sorority/fraternity house in writing or by testifying at a public hearing. 02-18-86 68 7. Of those 25 properties located within 150 feet of the site perimeter, 17 are owner-occupied as Single-family dwellings. Although the remaining properties qualify as rentals, except for a single three-plex, they consist of three single-family dwellings which are owner-occupied with an incidental rental of a small portion of the house to one person and four single-family dwellings which are rented as single dwelling units. 8. In the Zoning Code, 150 feet from the perimeter of a site proposed for a conditional use permit is the area in which additional particular notice of an application must be mailed to each individual property owner. I 9. The Commission received testimony from a real estate broker that the value of a single-family home is adversely affected by being near a fraternity or a sorority. 10. The Commission received testimony from a person who had previously lived near a sorority and who moved from that location due to the interference with the use of the streets on account of parking con- gestion, the need to regularly pick up trash deposited on or near the property and disturbances caused by parties and other night time activities. 11. The Commission received testimony that approximately forty children live within a one and one-half block radius from the proposed site. II. The City Commission agrees with and specifically adopts the findings of the Zoning Commission and concludes that, in this particular location, even with conditions (in addition to those noted in the Staff Report) which would require additional right of way, street improvements, sidewalks and alley improvements, this proposed use will be detrimental to the public safety and the general welfare of the persons residing in the vicinity and injurious to the properties in the vicinity because: 1. The surrounding streets andaUey, currently in use by vehicles and pedestrians, cannot safely accommodate the increase in traffic and parking inherent with a sorority/fraternity house. 2. Sorority/fraternity activities, which include house residents and visitors, especially those which occur routinely at night time, will present a continuing pattern of sporadic disturbances to persons I residing in the immediate vicinity. The City Manager then noted that Commissioner Martel had also submitted written comments on this issue. Commissioner Martel briefly summarized the comments contained in his memo. He noted that the Chronicle has editorialized on the matter, which he feels is inappropriate prior to Commission action. He then noted that highly emotional arguments were submitted by both proponents and opponents; however, he suggested that all emotional arguments be set aside while trying to reach a decision on this matter. The Commissioner then listed five points which he feels should be considered in making the appropriate decision: (1) A sorority or fraternity does have a right to exist in an R-3 zone under the present Zoning Code; (2) the City does not have the right to regulate free exchange or sale of private property, although it can and does regulate the ~ of properties; (3) the City does not control the life style or habits of individuals in single-famity or group homes; (4) the City cannot protect this neighborhood from change, now or in the future; and (5) both parties have suggested legal action, and the City should consider on which side It would be able to win a court decision. Commissioner Martel then indicated that, after considering the testimony and facts presented, he feels the Commission should approve the Conditional Use Permit, subject to the conditions recommended in the Planning Staff Report. Commissioner Vant Hull stated that she feels the requested use would be a genuine detri- ment to the public safety and general welfare of those residing in the area; indicating that she, therefore, will support denial. I Commissioner Jordan stated he will vote to deny this application. He noted that notices were sent to all those property owners within 150 feet of the subject site; therefore, he feels there must be some mechanism for considering their concerns and comments. He then noted that the maps placed on the board during the public hearing addressed a four-square-block area, which is about one-half square mile; however, he feels that the immediate neighborhood probably consists of a much smaller area. The Commissioner then indicated that he feels an additional twenty to thirty vehicle trips per day could affect the mental and physical well being of the neighborhood. 02-18-86 G9 Commissioner Stiff noted that he lived on South Fourth Avenue and raised a large family; and he is aware of the personal space needed. He then noted that South Fourth Avenue and West Cleveland Street are unique areas In the community. The Commissioner then indicated he feels It would be a IImake doll situation to convert this single-family residence into a sorority; and it would then never return to its original use. The Commissioner then indicated support for denial of the application. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission deny the Conditional Use Permit requested by Delta Gamma Sorority, Quad F, to allow a women's sorority at 405 West Cleveland Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Request for review of I icense fees - City Taxi, I nc. City Manager Wysocki presented to the Commission a letter received from Jonathan Anderson, City Taxi, Inc., dated February 7, 1986, requesting a review of the City business licensing fees. The City Manager noted that any change in the license fees will require a change in the existing ordinance. He then noted that, attached to the letter are copies of the letter dated January 23, 1986, which Mr. Anderson had written to Director of Finance Miral Gamradt and Mr. Gamradt's response, which is dated February 4, 1986. City Manager Wysocki then indicated that the staff will begin review of the entire business license ordinance in the near future, as noted in the Director of Finance's letter; and he recommended that the Commission acknowledge receipt of this letter but take no action until the entire ordinance has been reviewed. He noted that the staff has also received another protest to the license fees, which it will consider during revision of the ordinance. The Commission then concurred that Mayor Mathre should write a letter to Mr. Anderson indicating that they have discussed this matter and concur in Director of Finance Gamradt's comments. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the letter dated February 7, 1986, submitted by City Taxi, Inc., concern- ing revision of the business license fees pertaining to taxi services. 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. 2593 - authorizing submittal of CDBG application on behalf of King Tool, Inc. City Manager Wysocki presented Commission Resolution No. 2593 entitled: COMMISSION RESOLUTION NO. 2593 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE MONTANA DEPARTMENT OF COMMERCE. City Manager Wysocki noted that Senior Planner Money conducted a second public hearing on the application submitted by King Tool, Inc., at 10:00 a.m. on this date. He stated that the deadline for applications is March 1, 1986. Senior Planner Mike Money briefly summarized the public hearing, noting that those present indicated support for this application as well as economic development in general. He noted that the application would establish a revolving loan fund at a lowered interest rate; and the repaid monies could then be utilized for other community development activities. The Senior Planner indicated that if this application is approved, King Tool will repay the City approxi- I mately $18,500.00 each year over the next fifteen years, based on a 5 percent interest rate. Commissioner Vant Hull asked how long it will take to get an answer on whether the application is approved. The Senior Planner indicated that the length of time depends on the amount of staffing at the Depar.tment of Commerce, but usually it runs thirty to ninety days. Commissioner Jordan asked how far out of town the business will be located. Senior Planner Money stated that, with the purchase of new equipment, King Tool must relocate and has selected a site on Love Lane, which is near Country Lanes. He then stated that the new equip- ment to be purchased will allow King Tool to produce drill blanks at a fraction of the cost of 02-18-86 10 buying them, as it must do now. He noted that after the expansion has been made and the new equipment purchased, King Tool will have the capability of producing 5 million drill blanks; and they now have a commitment for 1.5 mi II ion. Commissioner Jordan then asked how many jobs will be created and how that will be monitored. The Senior Planner stated that the application specifies that sixteen new jobs will be created by the end of the third year. He then indicated that HRDC will probably screen applicants for the jobs; and that office or the Planning Department will probably monitor the number of I employees to make sure that the specified number of jobs are created. Commissioner Stiff asked if the entire grant will be loaned to King Tool. Senior Planner Money Indicated that the City will administer the grant; and King Tool will receive the grant monies less the administration fees, which will utilize about 5 percent of the grant. He then stated that the program guidelines provide that up to 19 percent of the monies may be used for administration once repayment of the loan begins. Commissioner Jordan asked what action might be taken by the State If King Tool does not hire sixteen people within three years, as listed In the application. Senior Planner Money stated that the City could be responsible for a proportionate share if the items stipulated in the application and contract are not met. He noted that the adminis- tration of the program includes close monitoring of the specific elements; and if they are not being met, he would contact Helena to determine what steps might be taken to correct the defi- ciencies. The Senior Planner then indicated that the City will be in the same position as a bank if this loan is approved and would have the right to foreclose if necessary, noting the City would be in first position on the equipment and probably in second position on all other assets. He also noted that the State may require that the loan monies be repaid immediately if it feels that an honest effort has not been made to comply. Commissioner Jordan then asked who is responsible for determining whether a company appears solvent enough to meet the CDSG guidelines. Senior Planner Money stated that the Department of Commerce in Helena will make those determinations. Commissioner Stiff asked if the City would become involved in the repayment of monies if I the State required repayment of the grant monies. The Senior Planner indicated that foreclosure proceedings against King Tool would generate those monies. He noted what the City would lose would be the roll-over loan capabilities. Senior Planner Money then noted It is important to remember that several variables are involved in each loan made through the CDBG program which are handled administratively. He further indicated that the Department of Commerce has some flexibility in enforcing the elements set forth in the contract and are willing to work with an agency, particularly when requested to do so. City Manager Wysocki noted that he feels if the City and King Tool make a good faith effort to meet the terms of the contract, the State will consider that when reviewing this program. He then recommended that the Commission adopt Commission Resolution No. 2593, authorizing submittal of this application to the State of Montana Department of Commerce. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission adopt Commission Resolution No. 2593, authorizing the submittal of a Community Development Block Grant application on behalf of King Tool, Inc., to the State of Montana Department of Commerce. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Commission Resolution income from the CD application I City Manager Wysocki presented Commission Resolution No. 2594 entitled: COMMISSION RESOLUTION NO. 2594 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STIPULATING THE USE OF ANTICIPATED PROGRAM INCOME FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. City Manager Wysocki noted that this Resolution stipulates the use of anticipated program income from the CDBG grant discussed in the item above. He noted that, under this Resolution, 02-18-86 - --.--.------ 71 the monies could be utilized for any HUD eligible activities which are defined as community development activities. The City Manager then recommended that the Commission adopt this Resolution. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2594, stipulating the use of anticipated program income from the Community Development Block Grant program. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. B rea k - 5: 1 5 to 5: 25 P . m . Mayor Mathre declared a break from 5:15 p.m. to 5:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff report - status of current UDAG grant City Manager Wysocki submitted to the Commission a letter dated February 15, 1986, from Adolph L. Solvie, Felska-Solvie, indicating that the project as originally proposed will not be developed, but he is interested in maintaining the use of UDAG funds as well as Industrial Development Revenue bonds to construct a convention center facility just west of the existing GranTree Inn of Bozeman. The City Manager then indicated that he has talked to two different individuals about the possibility of using UDAG monies to develop their projects if approval is obtained; but has received little encouragement from those individuals. He noted that with the time constraints involved and the slim chance of transferring the monies to another similar project, the possibility exists that the use of UDAG funds will be lost to the City. Commissioner Jordan stated that he has called around the state and found that 2 percent of the conventions held have more than 300 people. He indicated with the economy as it is right now, he does not feel the community needs a large convention center, noting that any large I conventions could probably be accommodated at the University. Commissioner Vant Hull stated she has found in her conversations with others around the state that a convention center facility for 500 persons is desparately needed in this area. She also indicated that if there is a chance that UDAG funds could be utilized to construct a conven- tion center, it should be pursued. Mayor Mathre stated she feels if someone comes in with a project and requests cooperation from the City, this item should be pursued; however, she does not feel it is the City's responsi- bility to seek an applicant. Commissioner Stiff noted that Mr. Solvie's response indicates the large project initially proposed no longer exists. He then indicated the Commission must determine whether it wishes to pursue methods by which it can retain at least a portion of the UDAG grant, while not indi- cating favor for anyone applicant. Commissioner Vant Hull noted that at last week's meeting the City Manager indicated the City will have a better chance of retaining the UDAG grant with the current applicant; and she feels that opportunity should be strongly considered since a convention center facility is needed in the area. Commissioner Martel stated he feels this is a dead issue; and the City should not waste any more time pursuing the matter. He noted the scope of the project has been changed so dramatically that it no longer resembles the original application and he does not feel a new applicant can be found in time. It was moved by Commissioner Vant Hull that the Commission take no action on this item. I The motion died for the lack of a second. Commissioner Stiff asked how much it would cost the City to pursue this matter further. The City Manager indicated that actual costs would be minimal; but a substantial amount of staff time could be involved. He then noted that Mr. Zelio, who has handled the project at the HUD office in Denver, will be changing positions later this week; and at the end of the month Ron Preston, who has worked for the DOC in Helena, will be leaving that position. City Manager Wysocki then stated that, if the Commission directs him to do so, he will pursue the matter further, although he does not feel he will receive an affirmative response. 02-18-86 72 Commissioner Stiff then asked if there would be sufficient time for a developer to break ground for a convention center if the City retains the grant. The City Manager indicated one of his questions will be whether the time could be extended and under what circumstances. He noted it is not feasible for a developer to prepare drawings, let bids and break ground between now and July 15, 1986 unless he has already begun the process. He then noted that two of the three persons who have shown interest in developing a convention center plan to develop next to existing facilities. I It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commission instruct the staff to make a determination as to whether it is feasible to attempt to modify the UDAG grant, maintaining maximum monies possible, to be used within a timeframe that will allow an investor to make a proposal for a convention center within the City limits. The motion 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 Martel and Commissioner Jordan. Recess - 5:57 p.m. Mayor Mathre declared a recess at 5:57 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearing and completing the routine business items. Public hearinq - Commission Resolution No. 2589 - intent to annex Tschache, Saccoccia and Perkins parcels (approximately 140 acres bounded by Baxter Lane, North 11th Avenue extended, West Oak Street extended and North 23rd Avenue extendedT This was the time and place set for the public hearing on Commission Resolution No. 2589, stating the Commission's intent to annex the Tschache, Saccoccia and Perkins parcels, entitled: COMMISSION RESOLUTION NO, 2589 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF THREE TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins gave a brief summary of the Staff Report, noting she had submitted a comprehensive report to the Commission in November 1985. She reminded the Commission that the Tschache parcel contains 32.6935 acres; the Saccoccia parcel contains 42.2408 acres; and the Perkins parcel contains 65.2572 acres, for a total of approximately 140 acres within the subject annexation. She noted the properties are currently zoned AS, Agricultural Suburban; and the Master Plan land use designation is medium-density residential except for the recently approved general highway commercial and light industrial areas in the Perkins parcel. The Assistant Planner then noted that annexation of the subject parcels will include acquisition of right of way for West Oak Street and North 19th Avenue as well as the realignment of Baxter Lane. She noted it is important to consider the traffic pathways for the entire area, thus avoiding piecemeal development of the subject properties. She further indicated that adequate access must be provided to the area; therefore, the annexation agreement should address the timetable for development of the streets as well as the properties. Mr. Paul Kinshella, engineer with Sanderson, Stewart and Gaston, indicated that he I represents all three applicants. He then stated that sewer lines will be extended from North 19th Avenue and Baxter Lane; and water lines will be extended from North 7th Avenue to the projects. He further indicated that access is to bl" from West Oak Street, with a secondary access to the Saccoccia parcel from North 17th Avenue; and from Baxter Lane to the Tschache parcel. He stated the developers propose to construct a 28-foot-wide two-lane roadway along the West Oak Street right of way which is compatible with the Highway Department's plans for that faci Iity . 02-18-86 73 Commissioner Vant Hull asked if the water issues have been resolved. The City Manager indicated that the annexation agreement will address items such as waivers of protest for the creation of SI D's to improve perimeter streets to a local standard; street right-of-way dedications for interior roadways; extension of utilities and transfer of water rights or payment of cash-in-lieu at the time of development, since the parcels are larger than ten acres. I Paul Kinshella indicated that Mr. Saccoccia would like to begin development of his site this summer if possible, noting that he is currently working on a preliminary plat as well as a request for rezoning. He then noted that he is also working on a preapplication for Mr. Tschache's parcel. City Manager Wysocki noted the Commission has shown a considerable amount of interest in getting a third interchange at North 19th Avenue. He noted with the rights of way which could be obtained through this annexation, as well as the future connection of North 19th Avenue to North 7th Avenue along West Oak Street, the City could present an attractive package to the State Highway Department. Commissioner Stiff asked what costs the City would incur in the extension of utilities and the construction of a 28-foot roadway for development of the subject properties. The City Manager indicated that all utility extensions are to be paid by the developer at the time of development under the City's pol icy . He also noted that waivers of protest wi II be obtained for the creation of SI D's for the improvement of perimeter streets to local street standards, including curbs, gutters and sidewalks. He indicated that if a higher street standard is to be required, such as along North 19th Avenue, the community must then participate in that improvement. No one was present to speak in opposition to the proposed annexation. Also, no written protests had been submitted to the Clerk of the Commission by any of the freeholders within the twenty-day period specified by law. Mayor Mathre closed the public hearing. I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize and direct the staff to proceed with the annexation procedure, preparing the annexation agreement as appropriate. 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. Agreement between Sohio Petroleum Company and the City re request for secondary water supply system and sanitary sewer disposal City Manager Wysocki presented to the Commission a conceptual agreement between the Sohio Petroleum Company and the City concerning the purchase of City water as a secondary source for domestic use only and use of the City's sanitary sewer disposal system. He indicated that Jim Moore, the local attorney for Sohio, has prepared this agreement; and the City Attorney has suggested a few minor changes. He further noted that the attorneys for Sohio have reviewed the agreement and submitted some requested changes as well. The City Manager then reminded the Commission that Mr. Moore had discussed this item with the Commission late last year. City Manager Wysocki then noted that Sohio would be billed for the water used at a rate consistent with the commercial rates established by the Public Service Commission. He indicated that the water would be drawn from a fire hydrant located at the City Shop so that the City can monitor the usage. He then indicated that the City will determine where the sewerage is to be put into the City's system; and the charges for that usage will also be based on the current rate schedule. The City Manager then indicated that Sohio anticipates the need for access to I the water and sewer services for approximately 150 days, which wi II extend from March through July. City Manager Wysocki then suggested that if the Commissioners have no problem with the concept, they authorize his signing of the final document once it has been prepared. Commissioner Jordan asked if the costs of the water and sewer services are to be applied to the $6,000.00 payment referred to in the agreement. The City Manager indicated they will not be. He noted that $6,000.00 payment is for improvement of the existing well in the basement of the police/fire building; and that water will then be piped to Bozeman Creek to alleviate flooding problems in the winter. He noted those monies are entirely separate from the water and 02-18-86 71+ sewer service charges, which will be deposited to those enterprise funds. Commissioner Jordan then indicated he would prefer to see a statement in the agreement which would allow the City to withdraw from the agreement if it faces a water shortage and watering restrictions again this summer. The City Manager indicated that one of the recommended revisions submitted by Sohio is the insertion of a maximum amount of water to be drawn in any one month. He then stated that he will discuss with the attorneys for Sohio a provision for termination of the agreement in the event of a water shortage. I Mayor Mathre noted there is no time limitation in the agreement as it has been drafted. The City Manager concurred, noting the 150-day period has been discussed although it is not contained in the present agreement. Commissioner Stiff asked about Sohio agreeing to pay $6,000.00 to improve the well in the basement of the police/fire building even though they will not be using that water. The City Manager indicated that Sohio must have potable water as their secondary source, noting that the water from the well is not treated in any way. He then stated that the well may possibly provide an adequate water supply to operate the sprinkler systems at the police/fire building as well as City Hall during the summer months, rather than using treated water from the City's system. Commissioner Jordan once again expressed concern about the possibility of allowing Sohio to purchase water while imposing watering restrictions on residents. The City Manager stated the Water Superintendent has indicated that the amounts of water to be used by Sohio are negli- gible, since they would be using 4,000 gallons of the 10 million gallons used in the city each day during the summer. The Commissioners indicated they would prefer to see the final document prior to taking action; and Mayor Mathre requested that this item be placed on next week's agenda. Application for Gaming License - Godfather's Pizza, 200 South 23rd Avenue, Suite E3 - one video draw poker machine - through June 30, 1986 City Manager Wysocki reminded the Commissioners that action on this application had I been deferred for a period of one week to allow the staff an opportunity to review the State Statutes concerning the location of video draw poker machines. He indicated that the machines must be located in an establishment licensed to sell alcoholic beverages for consumption on premises; and no one under the age of 18 is allowed to play. He noted there are no designated areas where a machine is to be located in an establishment; and the owner must be responsible for making sure that no one under 18 plays that machine. Commissioner Jordan expressed the same concern he had raised last week, that being the location of a video draw poker machine in what is usually perceived as a family-type dining area. Commissioner Vant Hull indicated support for Commissioner Jordan's concern and expressed an interest in restricting the location of the video draw poker machines. Mayor Mathre asked if the City has the authority to limit the distribution of the video draw poker machines to this type of establishment. City Attorney Crumbaker-Smith stated the State Statute specifies where video draw poker machines my be located; and those establishments are entitled to have a machine if they desire. The City Attorney then noted that the State also licenses and regulates these machines. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission approve the Gaming License requested by Godfather's Pizza, 200 South 23rd Avenue, Suite E3, for one video draw poker machine for the period through June 30, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. Application for Beer License - Casa Sanchez, 719 South 9th Avenue - through December 31, 1986 I City Manager Wysocki presented to the Commission an application, along with the required fee, on behalf of Casa Sanchez, 719 South 9th Avenue, for a Beer License for the period through December 31, 1986. The City Manager noted that a copy of the State License is attached and recommended approval. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Beer License requested by Casa Sanchez, 719 South 9th Avenue, for the period 02-18-86 75 through December 31, 1986. 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. Authorize absence of Commissioner Martel - February 24, 1986 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the I Commission authorize the absence of Commissioner Martel from their regular meeting of February 24, 1986, in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Commissioner Martel abstained from the vote. Application for temporary Beer License - Gallatin Valley Softball Association - February 22 and 23, 1986 City Manager Wysocki presented to the Commission an application, along with the required fee, on behalf of the Gallatin Valley Softball Association, for a temporary Beer License for February 22 and 23, 1986 for their Sno Ball Softball Tournament for the March of Dimes. The City Manager noted that a copy of th~ State License is attached and recommended that the Commission approve this application. It was moved by Commissioner Vant Hull. seconded by Commissioner Jordan, that the Commission approve the temporary Beer License requested by the Gallatin Valley Softball Associa- tion for February 22 and 23, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commis- sioner Martel and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. I (1) A letter from Mayor Mathre to the CDBG Program Manager in Helena indicating support for an amendment to the guidelines to allow a community to receive two grants in one fiscal year--one for general program monies and one for economic development. (2) A memo from Assistant Planner Skelton addressing Commissioner Martel's questions about the off-street parking requirements contained in Ordinance No. 1199. (3) A memo from Recreation Superintendent Sue Neville concerning various recreation proposals and information. The City Manager indicated that these items will probably be presented to the Commission individually over the next few weeks. He stated the proposed bubble over the Bogert tennis court will probably be on next week's agenda for discussion. (4) Litigation information on three separate issues: Complaint for Donald Joseph Heath v. the City; Findings of Fact for Warren Townsend v. the City; and a Complaint for William R. Reier and Karen L. Reier v. the City, Board of Adjustment, Gallatin County, Jay Jurgens, Robert M. Nowierski and Kathy D. Nowierski. (5) The City Manager indicated he will meet with area legislators tomorrow at 11: 00 a.m. concerning a third interchange for Bozeman. (6) The City Manager reminded the Commissioners of the meeting with Director of Finance Gamradt at 3: 00 p. m. tomorrow for those interested in attending. (7) Commissioner Stiff asked if the Commission needs to take any additional action on the possibility of City Manager Wysocki traveling to Denver to the HUD office. The City Manager indicated that if he needs to be in Denver on Monday to meet with the I gentleman from Washington, D.C.. he will request that one of the first items on the agenda be to authorize his absence and appoint Assistant City Manager Barrick as the Acting City Manager. Adjournment - 8:02 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, 02-18-86 76 Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I I 02-18-86