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HomeMy WebLinkAbout1986-03-24 112 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 24, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 24, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Acting City Manager 1 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. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Stiff asked that the proclamation for "Fair Housing Month" be removed for discussion. Commissioner Jordan asked that ratification of the final language con- tained on the ballot question for the indoor tennis facility be removed for discussion. Minutes - March 17, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the March 17, 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. Award bid - dump truck for Street Division (CI P) This was the time and place set to award the bid for the dump truck for the Street Division. The Acting City Manager noted that the purchase of this item is to be funded through the Capital Improvement Program. He then concurred in Director of Public Service Holmes' recommendation that the bid be awarded to Demarois Olds-GMC, Missoula, Montana, in the bid amount of $24,063.00, it being the lowest and best bid received. Commissioner Jordan noted that the next lowest bid, which was submitted by a local firm, was approximately $470.00 higher and asked if it might be better to accept that bid due to I potential additional service costs in purchasing from an out-of-town vendor. Director of Publ ic Service Holmes stated that any GMC dealer can service the truck, therefore, it would be done locally. He indicated that he anticipates no additional service costs by purchasing the truck from a dealer located in Missoula. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bid for the dump truck for the Street Division be awarded to Demarois Olds-GMC, Missoula, Montana, in the bid amount of $24,063.00, it being the lowest and best bid received. 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. Continued public hearing - Conditional Use Permit - Dan Henderson for Sundance Realty - allow construction of 18,000 square foot industrial buildin on Tract 27 of COS No. 110, located at 630 rldger rive - zoned This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Dan Henderson for Sundance Realty to allow construction of an 18,000 square foot, ten-unit, condominium warehouse on Tract 27 of the Northeast Annexation, Certificate of Survey No. 110. This site is more commonly known as 630 Bridger Drive, just south of Bridger Center Subdivision and west of Bridger View Mobile Home Park. Said property is zoned M-l- T (Light Manufacturing-Commercial, Transitional). Acting City Manager Barrick recommended that the continued public hearing be reopened. Mayor Mathre opened the continued public hearing. I Assistant Planner Dave Skelton stated that the hearing on this application for a Condi- tional Use Permit was continued because one of the adjacent property owners did not receive proper notice as she was not I isted as an owner of record. He then indicated that Mrs. Helm, the owner in question, has expressed concern about the impact this application may have on access from her parcel to Bridger Drive; however, the Bozeman area regulations require that access be provided for all parcels to a public or private street. 03-24-86 113 Planning Director Steve Lere stated his office has attempted to contact the State Highway Department about access to Bridger Drive but has been unsuccessful. He indicated that if the proposed access for this property is utilized, it should have no effect on the location of the access to Mrs. Helm's property; but if the access location recommended by the Planning Staff is utilized, it may affect the location of Mrs. Helm's access slightly. Mayor Mathre asked how far the Planning Staff has recommended that the access be 1 moved. Assistant Planner Skelton indicated the relocation would be approximately 30 feet to the east, so that the centerline of the access would line up with the existing access road across Bridger Drive. Commissioner Vant Hull asked if one access road for both sites would be better. The Assistant Planner indicated it would better to have only one access onto Bridger Drive if possible. He then stated that approval of this Conditional Use Permit with the recom- mended conditions would not eliminate that possibility in the future. Mr. James Morrow, attorney representing Mrs. Katherine Helm, stated that Mrs. Helm acquired her one-acre tract of land through domestic difficulties, which is why her name did not show as an owner of record except through a Certificate of Survey filed on that parcel. Mr. Morrow then indicated that Mrs. Helm does not oppose the requested Conditional Use Permit, so long as it does not eliminate access to her parcel of land. Mr. Morrow then presented an application for a Zone Map Change from RS-l to M-l- T for Mrs. Helm's parcel as well as the adjacent ll-acre parcel belonging to Paul Carter, and contain- ing both signatures. Mrs. Helm reiterated that her support of the requested Conditional Use Permit is contin- gent upon her ability to gain access to Bridger Drive for her piece of property. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. Acting City Manager Barrick concurred in the Zoning Commission's recommendation for I approval, subjeCt to ten conditions. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Dan Henderson to allow construction of an 18,000 square-foot condominium warehouse at 630 Bridger Drive, subject to the conditions recommended by the Zoning Commission as follows: 1. That final site drainage plans, including topographic information and flood mitigation measures, be reviewed and approved by the City Engineering Officer prior to final site plan approval. 2. That the approach to Bridger Drive be aligned with the existing approach on the north side, and that the approach receive approval by the Montana Highway Department prior to final site plan approval. 3. That the final site plan indicate the method of providing water and sanitary sewer service to the building, paving limits of parking lot and access drive, an on-site fire hydrant with a 2,000 GPM capacity, and turnaround facilities for the dead end parking lot. 4. That the final covenants and articles of incorporation be reviewed and approved by the Planning Office prior to final site plan approval. 5. That concrete curbing be installed along both sides of the access drive, and along the north and south parameters of the off-street parking lot. 6. That a cross section of the pavement detail and the engineering design of the access drive shall be submitted for the review and approval of the City Engineering Officer prior to final site plan approval. 7. That the applicant submit drawings which indicate the use of the "super 1 graphics" on the north and west elevations of the building, and that they be reviewed and approved by the Planning Director prior to final site plan approval. 8. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans and methods of security shall be made a part of that agreement. 03-24-86 114 9. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted 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. 10. All on-site improvements (i .e. paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. 1 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. Commissioner Vant Hull asked if the decision on this item should be deferred until the State Highway Department has had an opportunity to review and approve the access to Bridger Drive. The Acting City Manager indicated that the State Highway Department will work with the Planning Staff on that issue; and making a decision at this time will not affect that process. Commissioner Martel moved the previous question; and it was seconded by Commissioner Vant Hull. 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. The original motion, to approve the Conditional Use Permit subject to the ten conditions listed, then 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. Preliminary Plat review - Sunset Park Subdivision, Phases I and I I, Tract 4 of COS No. 1215 located in the SWt of the NEt of Section 2, T2S, R5E, MPM - 42.2408 acres - Phillip Saccoccia I This was the time and place set for the review of the preliminary plat for Sunset Park Subdivision, Phases I and II, Tract 4 of Certificate of Survey Number 1215, located in the southwest one-quarter of the northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The site is more generally known as being located at the northeast corner of the intersection of North 19th Avenue and West Oak Street and incorporates 42.2408 acres. Assistant Planner Marcia Elkins presented the Staff Report. She stated that Phases I and I I encompass approximately 19.16 acres in the center of the subject subdivision. She stated the primary access to the subject property would be from West Oak Street, which will be paved to a 28-foot width between North 19th Avenue and North 7th Avenue, without curbs, gutters and sidewalks. She indicated that the developer has proposed access into the subdivision will be along North 18th Avenue; but the Planning Staff recommends that the access be at North 17th Avenue extended. The Assistant Planner then stated that secondary access to the subdivision will be along North 17th Avenue, a portion of which lies in the county. She noted the speed bumps through the existing mobile home court must be removed prior to using that as a secondary access. Assistant Planner Elkins stated a drainage ditch lies along the east side of Phase II; and it must be determined whether, in fact, it is a part of the Farmers' Canal or simply a ditch. She indicated that any required setbacks will be established in accordance with the determination of whether this is a watercourse. The Assistant Planner then noted that the developer has proposed a linear park between I Phases I and I I to act as a buffer area; and the Planning Staff has indicated that is not accept- able as a parkland dedication. She indicated that four acres of parkland are needed to meet the requirements for the entire subdivision, or a cash-in-lieu payment could be accepted. Assistant Planner Elkins stated that the City-County Planning Board conducted the public hearing on this item and recommended approval, subject to thirteen conditions, contingent upon completion of the annexation process. She also indicated that the applicant has agreed to take four actions which will mitigate impacts on off-site improvements, including participation in the 03-24-86 115 installation of a 12-inch water line, signalization of the intersection of North 7th Avenue and West Oak Street, improvements to and maintenance of North 17th Avenue, and improvement of North 19th Avenue from West Oak Street to Durston Road. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineers, Inc., indicated he represents the applicant. He stated that the developer is in general agreement with the conditions recom- mended by the City-County Planning Board. He then indicated concurrence with the relocation I of the access road to align with North 17th Avenue, noting the existing ditch must be relocated or piped to accommodate the roadway. He indicated that anything done with the ditch must be approved by the Board of Directors for the Farmers' Canal as well as Mr. Pete Nelson, who was the original landowner involved with digging of that ditch. Mr. Kinshella stated the proposed linear park was to provide a buffer between mobile homes and conventional homes. He then indicated that the parkland dedication can be relocated to the northeast corner, which will then align with the parkland dedication for the Perkins property and possibly with the future parkland dedication for the Tschache parcel, which will provide a large park area rather than several small ones. Commissioner Vant Hull asked if any buffer will be provided between mobile homes and conventional housing developments. Mr. Kinshella stated that buffers are not required under the zoning regulations; however, to provide for better sale of the lots, extra depth lots with additional setbacks or streets wi II be used as buffers. Commissioner Vant Hull then asked if the developer will be required to maintain that portion of North 17th Avenue which lies outside the City limits. Paul Kinshella indicated he does not know. He stated that Director of Public Service Holmes has stated that a frost boil creates problems just outside the City limits each year; and hopefully that can be corrected. He then noted this secondary access is a short-term arrangement which will be eliminated either when North 19th Avenue and West Oak Street have been improved or when the island created .is annexed. I Commissioner Jordan noted that recent deliberations at the federal level could jeopardize the use of SID's and asked if that could create a problem in the future. City Attorney Crumbaker-Smith stated that the developer is responsible for installation of the improvements; and the use of a Special Improvement District is only one method for financing. She noted that limiting the use of SID's will affect the developer, but it will create no problems for the City. Commissioner Jordan asked what complications might be incurred if the drainage ditch is determined to be a part of the Farmers' Canal. Assistant Planner Elkins stated that the City has the authority to provide road crossings across the Farmers' Canal where necessary, with the approval of the Board of Directors. Also, the City can relocate or pipe the waterway if necessary. Commissioner Vant Hull asked why the Commission does not conduct public hearings on preliminary plats. Planning Director Steve Lere stated that the State Statutes require that one public hear- ing be held on a preliminary plat; and the City Commission has des,ignated the City-County Planning Board to conduct that hearing. Mayor Mathre requested that the decision on this preliminary plat be placed on the agenda after the annexation process has been completed. B rea k - 2: 58 to 3: 1 4 p. m . Mayor Mathre declared a break from 2:58 p.m. to 3:14 p.m., in accordance with Commission 1 policy established at their regular meeting of March 14, 1983. Preliminary Plat review - West Park Manor Subdivision, 4th Addition, portion of Block 4 and all of Block 5, West Park Manor - 8.65 acres First Trust Company of Montana This was the time and place set for the review of the preliminary plat for West Park Manor Subdivision, 4th Addition, for a portion of Block 4 and all of Block 5. This site is more generally known as being located on either side of North 23rd Avenue, between Durston Road and West Beall Street and consists of 8.65 acres. 03-24-86 116 Assistant Planner Marcia Elkins presented the Staff Report. She noted that the required parkland for this phase was dedicated as a part of the original plat and satisfies those require- ments. She stated the preliminary plat divides the 8.65 acres into 31 lots, ranging in size from 8,726 square feet to 19,775 square feet. She Indicated the property is zoned R-3; and covenants would provide that duplexes could be constructed on each of the four corner lots. with single- family residences being constructed on the remaining lots. She noted the subject site could be developed to a maximum of 94 dwelling units under the R-3 zoning, but the covenants wi II allow I 35 dwelling units. The Assistant Planner stated that the City-County Planning Board reviewed the preliminary plat and recommended approval, subject to nine conditions. She also noted the Board recommended a partial waiver of the Environmental Impact Statement and the Community Impact Statement. Mr. Ray Center, Rocky Mountain Engineers, indicated that he represents the developer. He stated that the developer concurs with all the conditions except No.7, submitting to the Commission a revision of that condition which would be acceptable to the developer. He noted that the condition as recommended indicates that high groundwater does exist in the area; and that could cause some residences not to qualify for federal funds. He also indicated that most of the residences in the other phases of West Park Manor Subdivision have full or daylight basements and incur no problems. Mr. Center stated that if a statement is placed on the plat reflecting the possibility that high groundwater might exist, the lot owner should then investigate the potential for problems prior to constructing a home with a basement or daylight basement. Planning Director Steve Lere indicated he has no problem with revising the wording to be placed on the plat, however, the initial statement needs to be revised to more accurately reflect its intent. Commissioner Vant Hull asked if maintenance of the stormwater drainage easement will create an additional workload for the City crews. The Assistant Planner stated that the City usually maintains the stormwater drainage easements. Mr. Center indicated that the stormwater drainage will be a sloped grassy area with a I restricted water outlet in the bottom to carry water to the adjacent creek if too much water drains into the area to percolate into the ground. He noted the area would be covered with low-maintenance grass which should require mowing only once or twice each summer. Mayor Mathre asked if the proposed stormwater drainage system is acceptable. Assistant Planner Elkins indicated it isa typical sY5tem and is acceptable. She further noted that prior to installation of the system, it must be approved by the City Engineering Officer. Acting City Manager Barrick recommended that the Commission approve the preliminary plat, subject to the nine conditions recommended by the City-County Planning Board, including wording revisions to No. 7 which are acceptable to the Planning Staff. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the preliminary plat for West Park Manor Subdivision, 4th Addition, subject to the following conditions: 1. The six-inch water line in North 23rd Avenue shall be connected to the ten-inch water line located in Durston Road to provide a looped system. 2. The ten-inch water line located in Durston Road shall be extended to the western boundary of the subdivision. 3. Approval of the subdivision by the Montana Department of Health and Environmental Sciences shall be obtained prior to final site approval. 4. A scaling error in the western tier of lots shall be corrected prior to final plat approval. The statement "1983, as amended" shall be removed I from all certificates, and the Certificate of Examining Land Surveyor shall be revised. All certificates shall be placed on the plat prior to final plat approval. 5. No access strips should be noted along Durston Road on Lot 16 in Block 4 and Lot 15 in Block 5. 6. Pedestrian sidewalks shall be installed along North 23rd Avenue and Beall Street in accordance with City policy. 7. I f the depth to seasonal high groundwater shall be determined, in a manner acceptable to the Planning Director, to be eight feet or more 03-24-86 117 below the top of the curb of the adjacent street prior to final plat approval, no warning statement shall be required on the face of the plat. If an acceptable determination of the depth to seasonal high groundwater is not made or if the depth to seasonal high groundwater is determined to be less that eight feet below the top of the curb of the street from which it is served, the following statement shall be placed on the face of the plat prior to final plat approval: "Due to the possibility of high groundwater within the subdivision, it is recommended that an investigation of the seasonal high groundwater levels be made by a 1 qualified engineer or soils scientist prior to construction of residences with the lowest floor level more than three feet below the top of the curb of the street from which it is served." 8. That the final construction plans for all the streets, water, sanitary sewer, storm drainage and sidewalks be prepared and submitted pur- suant to Chapter 16.26 of the Bozeman Area Subdivision Regulations. 9. That the developer enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 100 percent of the cost of the remaining improvements. 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. Acting City Manager Barrick presented to the Commission a letter received from Mr. Gene Cook requesting an additional one-year extension of the preliminary plat for Sapphire Subdivision. He reminded the Commission that the Sapphire Subdivision is a 21. 47-acre tract located in the Ei NEt swt of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, which is more commonly located on West Babcock Street, just north of the Main Mall. He then reminded I the Commission that this subdivision was initially approved on March 26, 1984, subject to fifteen conditions; and a one-year extension was granted on March 18, 1985. The Acting City Manager then stated that City Manager Wysocki has been working with Attorney Hal Bolinger in an attempt to get all the storm drainage easements into one system rather than addressing them separately. He indicated that those negotiations are nearly complete; and the City Manager has stated his support for approval of this requested extension. Planning Director Steve Lere cited Sections 76-3-610(1) and 76-3-507, M.C.A., as follows: 76-3-610. Effect of approval of preliminary plat. Upon approval or condi- tionally approving a preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. This approval shall be in force for not more than 3 calendar years or less than 1 calendar year. At the end of this period the governing body may, at the request of the subdivider, extend its approval for no more than 1 calendar year, except that the governing body may extend its approval for a period of more than 1 year if that approval period is included as a specific condition of a written agreement between the governing body and the subdivider, according to 76-3-507. 76-3-507. Provision for bondin Improvements. oca regu atlons may provl e t at, In leu 0 t e comp etlQn the construction of any public improvements prior to the approval of a final plat, the governing body shall require a bond or other reasonable security, in an amount and with surety and conditions satisfactory to it, providing for and securing the construction and installation of such improvements within a period specified by the governing body and expressed in the bond or other security. The Planning Director noted that under the subdivision regulations, the Commission has I stipulated that approval or conditional approval of a preliminary plat shall be in force for one calendar year. He then indicated that under these statutes, the Commission may grant an extension, subject to a written agreement and the developer must enter into an Improvements Agreement and provide a security in the amount of 100 percent of the cost of the improvements to be installed. Mr. Gene Cook indicated that he wi II not be able to provide a Letter of Credit for the cost of the improvements. City Attorney Crumbaker-Smith suggested that the Commission may wish to defer action on this request until the City Manager has returned and had an opportunity to review the State Statutes. 03-24-86 118 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission defer action on this request for a period of one or two weeks to allow the City Manager an opportunity to review the item. 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. Award bid - Repurchase Agreement I Acting City Manager Barrick presented to the Commission a memorandum from Director of Finance Gamradt tabulating the results of the two proposals received for the Repurchase Agree- ment. He noted the basic repurchase proposal submitted by First Security Bank is 53 basis points above the 91-day T bill, while the proposal submitted by Montana Bank is 15 basis points below the 91-day T bill; and some of the other accounts vary similarly. He then concurred in the Director of Finance1s recommendation that the bid be awarded to First Security Bank of Bozeman. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission award the bid for the City of Bozeman's Repurchase Agreement for the period April 1, 1986 to April 1, 1987 to First Security Bank of Bozeman, for the various interest rates set forth in the proposal. 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. Permission to conduct one-mile run - United Way - 9:00 to 10:30 a.m., Saturday, May 3,1986- Main Street Acting City Manager Barrick presented to the Commission a request on behalf of United Way to conduct a one-mile run down Main Street from 9:00 a.m. to 10:30 a.m. on Saturday, May 3, 1986. He noted this request is identical to the request submitted in August 1982; and the same concerns expressed by the staff at that time apply to this request. The Acting City Manager then indicated the staff has recommended that the run be held preferably on Ferguson I Road, or Babcock Street from South Eighth Avenue to South Wallace Avenue as an alternative. He then recommended that the Commission approve the request and authorize the staff to work with representatives from the United Way to determine the location of the run. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of United Way to conduct a one-mile run on May 3, 1986, between the hours of 9:00 a.m. and 10:30 a.m., but denying the use of Main Street, and approving the use of Ferguson Road or Babcock Street from just west of South Eighth Avenue to Wallace Avenue, as negotiated with City staff. 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. Discussion - Linear Park Committee Acting City Manager Barrick stated that Planning Director Lere had requested this item be placed on the agenda. Planning Director Steve Lere stated that a subcommittee consisting of four members of the City-County Planning Board and four members of the Recreation Advisory Board has been formed to study the acquisition and development of the Milwaukee Railroad right of way as a linear park. He noted the committee has conducted one meeting to date. The Planning Director then stated that a member of the Rotary Club has indicated the Club is willing to provide funding for a consultant to plan the park, naming Robert Lee as the consultant to be involved. He indicated this item is before the Commission to obtain concurrence in accepting the proposal. I Commissioner Vant Hull asked if acceptance of this offer will require the City to develop the parkland in accordance with the recommendations submitted. The Planning Director indicated that the consultant would work with the sub-committee; and the final proposal would then be presented to the Commission for consideration. Mayor Mathre noted that the Rotary Club's offer is generous and indicated that she will write a letter to them gratefully accepting the offer. 03-24-86 119 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Rotary Club be allowed to hire the consultant of its choice to prepare a plan for the linear park to be located along the Milwaukee Railroad right of way. 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. 1 Ordinance No. 1200 - providing for an advisory board to be known as the Cemetery Board Acting City Manager Barrick presented Ordinance No. 1200, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1200 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AN ADVISORY BOARD TO BE KNOWN AS THE CEMETERY BOARD, THE MANAGE- MENT, MAINTENANCE AND CONTROL OF THE SUNSET HILLS CEMETERY AND REPEALING SECTION 24 OF ORDINANCE NUMBER 524 AND ALL OF ORDINANCE NUMBERS 604, 725, 831 AND 840. The Acting City Manager reminded the Commission that this ordinance was discussed at last week's meeting. He then recommended that Ordinance No. 1200 be provisionally adopted at this time and that it be brought back in two weeks for final adoption. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1200, providing for the Cemetery Board, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commis- sioner Vant Hull and Mayor Mathre; those voting No, none. Ratify City Manager's signature - agreement re street lighting in accordance with PSC order for 'Montana Power Company Acting City Manager Barrick submitted to the Commission a copy of the agreement which City Manager Wysocki signed to authorize the Montana Power Company to proceed with upgrading I of the street lighting system in accordance with the Public Service Commission order. He noted the attached memo indicates that this upgrading will provide the best and least expensive light- ing possible, as well as upgrading the system to meet minimum safety standards. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission ratify the City Manager's signature on the agreement with Montana Power Company regarding upgrading of street lights in accordance with Public Service Commission order. 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. Proclamation - "Fair Housing Month" - April 1986 Acting City Manager Barrick stated that Commissioner Stiff had requested this item be removed from the Consent I terns. Commissioner Stiff indicated that he has received an inquiry from a property owner asking if this proclamation will impose additional problems on those people who maintain rental units in the community. The Acting City Manager stated that the U.S. Department of Housing and Urban Development has requested the adoption of this proclamation as a part of its celebration of the eighteenth anniversary of the Federal Fair Housing Act of 1968; and it is simply a reaffirmation of that legislation. He noted no additional housing discrimination regulations wi II be imposed as a result of concurring in this proclamation. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission concur in the Mayor's proclamation of April 1986 as "Fair Housing Month. II 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. Ratify final language contained on ballot question for indoor tennis facility Acting City Manager Barrick stated that Commissioner Jordan had requested this item be removed from the Consent Items. 03-24-86 120 Commissioner Jordan Indicated his only reason for removing this item from the Consent Items is that he will vote against it. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion ratify the final language contained on the ballot question submitted for the proposed indoor tennis facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Jordan. 1 Discussion - FYI items Acting City Manager Barrick presented to the Commission the following "For Your Information" items. (1) A memo from Director of Public Service Holmes concerning the items of work to be covered in the various parks during the spring clean-up campaign. Commissioner Vant Hull noted that the grounds around the Carnegie Building are in need of attention and asked if that should be included during the campaign. The Acting City Manager indicated that they could be included in the campaign, or the Parks Division will have time to clean up those grounds as well as the City Hall grounds if volunteers clean up the parks. (2) A letter from Kenneth and Margaret Emerson noting that many sidewalks are in need of repair in the community. Commissioner Vant Hull asked if the staff plans to respond; and the Acting City Manager stated the staff will do so. (3) The agenda and packet for the Zoning Commission meeting to be held tomorrow night. (4) Mayor Mathre indicated that the Legislature is meeting in special session beginning today. She noted the Commissioners may wish to contact their legislators to encourage their support of legislation limiting the liability of municipalities, as well as legislation to provide for the sale of revenue bonds to fund umbrella coverage for self-insurance pools. Consent Items I Acting City Manager Barrick presented to the Commission the following Consent Items. Appl ications for Gaming Licenses - The Bowl, 414 East Babcock Street - one electronic keno machine; one video draw poker machine - for the period through June 30, 1986 Claims It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 4:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. 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. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission 03-24-86