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HomeMy WebLinkAbout1986-05-05 189 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 5, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 5, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, I Commissioner Martel, Commissioner Stiff, Commissioner Vant Hull, City Manager Wysocki, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Apri I 28, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the minutes of the April 28, 1986, meeting be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1207 - amendin Sections 5.06.042 and 5.06.044 of the Bozeman Municipal Code re ee Issued or VI eo draw po er and electronic eno mac I nes . , City Manager Wysocki presented Ordinance No. 1207, as prepared by the City Attorney, entitled: ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 5.06.042 AND 5.06.044 OF THE BOZEMAN MUNICIPAL CODE REVISING THE FEE STRUCTURE FOR LICENSES ISSUED FOR I VIDEO DRAW POKER AND ELECTRONIC KENO MACHINES. City Manager Wysocki reminded the Commission that he submitted his recommendations for revising the license fees for the video draw poker machines and electronic keno machines at last week's meeting; and this Ordinance incorporates those recommendations. He then noted that, included in the information transmitted to the Commission are copies of various newspaper articles as submitted by Commissioner Vant Hull, a telegram from Representative Robert Ellerd and a letter from Representative Norm Wallin. The City Manager then reviewed the proposed revisions, which include raising the license fees for the first two video draw poker machines per location from $500.00 for each machine to $1,000.00 for each machine. and increasing the license fee for the second electronic keno machine from $500.00 to $1,000.00. Mr; - Ralph Ferraro, Rocking R Bar, submitted to the Commission a copy of statistics on the sales of liquor and beer in Montana. He noted when the Tavern Owners. Association presented this item to the Legislature, they supported the proposal to remit $950.00 of the $1,500.00 State license fee to the originating city or county. He noted that Bozeman currently has 57 video draw poker machines in operation, which would generate over $54,000.00 in State license fee revenues jf licensed for a whole year. Also, the City has imposed a license fee, which has generated another $37,500.00 in annual revenue, totalling over $100,000.00 in revenues to the City from the licensing of the existing video draw poker machines under the current fee structures. Mr. Ferraro noted that the liquor industry has faced a substantial decline in liquor sales, resulting in the possible closure of up to ten State liquor stores in the near future. I which will cause additional unemployment and vacant bUildings. He further reminded the Commission that some small businesses in the downtown area and the malls have closed because of the difficult economic conditions; and the bars, taverns and restaurants affected by these license fees all fall under the small business category. He also noted that four bars have closed their doors. Ralph Ferraro stated that liquor businesses are the highest taxed in the state, compar- ing the $85.00 in business license fees paid by K-Mart, which grosses $5 million annually, with the $13,000.00 paid by his bar in licenses to the State and the City. He also noted that the 05-05-86 -.-~'...- - 170 federal government has adopted legislation which requires that all states wishing to continue receiving federal funds must raise the drinking age limit to 21, which will further impact their businesses. Mr. Ferraro then noted that the legal climate has become so bad that it is difficult to obtain insurance; and his insurance costs have tripled during the past year. Mr. Ralph Ferraro stated that the small businesses on Main Street are often asked for donations for various activities. He then stated he does not believe that a police car has been called for a poker machine violation. He requested that the Commission leave the license fees I as they are .now, noting they are the highest in the state. City Manager Wysocki noted that the City has not received the revenues listed by Mr. Ferraro from the licensing of the poker machines during this fiscal year because not all of the machines were in place for the entire year. Mr. Larry Lippon. owner of D and R Music, stated that increasing the license fee to $1,000.00 per video draw poker machine will hurt the small businesses and discriminate against them. He noted that D and R Music currently operates 52 video draw poker machines in the f:ity, paying annual taxes of more than $154,000.00. Mr. Lippon then gave a brief summary of the survey of license fees he has conducted of other cities and counties in the state, noting many do not have any local license fees; and Bozeman has one of the highest license fees. Mr. Lippon then requested that the Commission reject the revised fee structure contained in this Ordinance, leaving the fees as they currently exist. Commissioner Vant Hull noted that a December 9, 1985, article in the Billings Gazette quotes Mr. Lippon as stating the average poker machine in Montana generates $350.00 per week in revenues. Mr. Lippon stated the average in Gallatin County is under $300.00 per week, although the state's overall average is higher. He further noted that the State Statute requires that all video draw poker machines pay back at least 80 percent; and those operated by D and R Music pay back at an average of 93 percent. He stated that he does not support disclosure of what each machine makes because he does not wish to create. a hit list for the bars. Mr. Bob Fletcher, Cannery Lounge, stated that last year he paid $4,750.00 in license I fees for his 1, 200-square-foot bar. He then stated the average life of a machine is two years, creating the need to buy a new machine shortly after the old one is paid off. He noted that the bar owners are trying to cover their losses in liquor sales and observance of the DUI laws through other means, such as the video draw poker machines. Mr. Fletcher then indicated he feels that the license fee should be lowered rather than increased. Commissioner Vant Hull asked how the monies from the machines are divided. Mr. Fletcher indicated that if a video draw poker machine contains $500.00, the bar is reimbursed for the $400.00 it has paid out; and the remaining $100.00 is split between the bar and the owner of the machine. Commissioner Stiff asked if anyone monitors the machines to determine if the individual playing is too drunk or has played longer than would seem reasonable for pleasure playing. Mr. Fletcher stated that the Montana laws stipulate that a bMtender cannot serve an intoxicated person. He indicated "that those involved are currently running training classes to help bartenders determine who is intoxicated and make them aware of the laws governing bars. He stated he feels the bar owners monitor their establishments well. Mr. Ron Elliot, Bozeman Elks' Club, stated the proceeds from their machines are split with D and R Music; and their portion of the monies go into the lodge coffers, with some of the monies being used for social. community and welfare events and activities. He noted any addi- tional license fees will decrease the amount of monies to be used for those activities and encouraged the Commission to maintain the existing fee structure. Mr. John Henneman, Black Angus Restaurant, noted that the lounge area supports the I restaurant. He noted that an increase in the license fees will result in a decrease in the profit from those machines, which could lead to an increase in the restaurant's prices. Mr. Phil Kalais, Eagles, stated he paid $2,700.00 in license fees for video draw poker and electronic keno machines as well as $1,300.00 in liquor licenses. He further noted his liability insurance has increased from $2,300.00 to $7,800.00 per year; and they need the additional revenues from the machines to offset those costs. He encouraged the Commission to retain the existing fee structure. 05-05-86 171 Mr. Tom Jones, American Legion Club, stated the profits from their machines are used to support the American Legion baseball program as well as other youth activities. He then encouraged the Commission to retain the existing fee schedule. Mr. Mike Ward, 416 East Story Street, requested that the letters submitted to the Commissioners be read aloud. Mayor Mathre read the telegram from Representative Robert Ellerd, citing the industry's I testimony that they would be willing to pay the maximum fee to help support the local govern- ment, and the letter from Representative Norm Wallin, citing a disproportionate number of police calls, and both stating support for the $1,000.00 per machine license fee. She then read a letter which was submitted by Gloria L. Zimmer, 1307 Cherry Drive, just prior to the meeting, also expressing support for the $1,000.00 license fee. Mr. Ward then stated support for the views expressed by the two Representatives. Mrs. Lillian Lund, 319 North 15th Avenue, stated support for the proposed increase in the I icense fees. She noted that last year Senator Dorothy Eck indicated that the Legislature could agree on no other means to provide a source for increased revenues for local governments; and she felt the City should establish the maximum license fee. Mr. Lippon noted he is not aware of any police responses to calls directly related to video draw poker machines. He then indicated that the bar owners are concerned about drunk driving and liquor liability and request police help when they feel necessary. He indicated that those in the industry do police their establishments well, including extensive playing of the video draw poker machines. He noted that in the past five years, he can cite four or five instances in which an individual was playing a machine in more than an entertainment capacity; and the situations were remedied. Commissioner Stiff cited three personal incidents which have occurred in the past year which involve drinking establishments and the playing of video draw poker machines. He noted that he sat on a jury recently in which the police officers described the type of situations they may face when answering a call to a bar. I Mr. Bob Fletcher stated that in the past 3i years, he has never had a fight at his bar. He indicated that the bars don't create the situations; but they often become the focal point where things happen. Mr. Fletcher then reminded the Commission that the moralistic issues were settled a year ago; and the video draw poker machines are legal in Montana. He noted the only item to be considered at this time is the amount of the license fee to be charged. Mayor Mathre requested a recommendation from the City Manager. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1207 as written, revising the license fees to $1,000.00 per video draw poker machine, and $500.00 for the first electronic keno machine and $1,000.00 for each machine thereafter per location. The City Manager then indicated that he discussed the revision of the business license fees with one involved in this type of business. He noted that gentleman indicated he was aware of one bar which had 77 police calls last year, as opposed to his establ ishment which had c;me police call. City Manager Wysocki then cautioned the Commission that establishment of the fees must not be based entirely on the number of police calls because the City has encouraged them to call whenever they have any problems, thus developing a cooperation between the two functions. He then noted that gentleman had submitted a suggestion that the license fee for the first video draw poker machine remain at $500.00, with each additional machine being $1,000.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis- sion provisionally adopt Ordinance No. 1207, revising the fee schedules for video draw poker I machines and electronic keno machines, and that it be brought back in two weeks for final adoption. Commissioner Vant Hull stated she could support a $750.00 license fee for the first ma- chine, with each additional machine being $1,000.00. She noted that last year those in the in- dustry projected forty machines if no local license fees were imposed; and 57 machines have actually been installed with the existing license fee structure. She stated she feels they will pay the license fee, even if it is increased to the maximum. Commissioner Martel indicated that he feels the fee schedule should remain as it currently exists; and the Ordinance should not be adopted. 05-05-86 --,.,.. - ".---- -.. 172 Commissioner Jordan stated concurrence with Commissioner Martel's comment, but stated that he recognizes this as a compromise situation. Commissioner Martel noted that the minutes from last year's meetings indicate that the video draw poker machine license fees are not being used as a source of revenue for the City; but the City is now trying to establish the maximum license fee for a single industry. He further noted the proposed fees are a blatant example of the City driving businesses out of the community, while the City is trying to attract new business as well as keep existing businesses. I The Commissioner further noted that liquor sales are down, which means profits may be down even further because of the fixed costs involved. He also indicated that the increase in license fees could lead to a reduction in the number of machines, thus leading to less revenues from this source. Commissioner Stiff noted that the bar owners have cited increased costs and decreased revenues; however, the City is facing those same problems at the present time. He further noted testimony indicates that D and R Music and the business split the licensing cost, which decreases the impact of an increase to each entity. The following amendment was then placed on the floor: it was moved by Commissioner Stiff, seconded by Commissioner Martel, that Section 5.06.042 be revised to establish a license fee of $500.00 for the first video draw poker machine and $1,000.00 for each subsequent machine per business location. The amendment carried with the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. The original motion to provisionally adopt Ordinance No. 1207 then carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. B rea k - 3: 1 5 to 3: 25 p. m . Mayor Mathre declared a break from 3:15 p.m. to 3:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Ordinance No. 1208 - adopting the "Uniform Fire Code," 1985 Edition City Manager Wysocki presented Ordinance No. 1208, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.36.010 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION. PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES; AND REPEALING ORDINANCE NUMBERS 1045 AND 1124. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1208 and that it be brought back in three weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1208, adopting the "Uniform Fire Code," 1985 Edition, and that it be brought back in three weeks for final adoption. 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. Third quarter budget review City Manager Wysocki presented to the Commission the third quarter budget review, as I prepared by Director of Finance Gamradt. The City Manager briefly reviewed the document, noting that the General Fund expenditure adjustments are $33,040.00; and the revenues for that fund have exceeded the anticipated revenues by $33,727.00. He noted that will result in an increase to the Undesignated Reserve, rather than the usual decrease which accompanies budget amendments. Commissioner Jordan asked how much was originally budgeted for contracted legal services. City Attorney Crumbaker-Smith stated $16,000.00 was budgeted, noting approximately $1,000.00 per month is used for prosecution services on a contract basis. 05-05-86 173 City Manager Wysocki noted that most of the cases included in the $15,000.00 adjustment are those currently being handled by former City Attorney Planalp, as a carry-over from his time in that capacity. Commissioner Jordan questioned whether it would be better to hire a second attorney, rather than contracting the service to other entities. Mayor Mathre asked if it would be better to budget for these costs, rather than complet- I ing an amendment later in the year. The City Manager stated it is anticipated that the amount paid in contracted legal services will decline in the near future; and he feels it would better to continue doing amend- ments as necessary. Mayor Mathre questioned the transfer of monies from the Municipal Building Bonds to the General Fund. Director of Finance Miral Gamradt stated this process will provide authorization to transfer those monies, and is being handled in accordance with recommendations submitted by Coopers and Lybrand. The City Manager then reviewed the enterprise funds, noting that the City will face additional deficits in the Water Fund because the new water rates were not implemented in February, as anticipated during the budget cycle, but wi II be implemented as of Apri I 30, 1986. He noted the Water Fund will probably be repaying $500,000.00 in loans from other City funds when the new rates have begun to provide adequate revenues. Commissioner Jordan asked if the monies borrowed by the Water Fund will be from the General Fund reserves. The Director of Finance indicated it will be at this time; however, at the end of the fiscal year, the Commission may need to consider an alternative source of monies to loan to the Water Fund if necessary. The Commission thanked the Director of Finance for preparing the third quarter review, noting the format is easily understood. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission acknowledge receipt of the third quarter budget review as submitted by Director of Finance Gamradt. 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. Authorize Mayor to sign - budget amendments resulting from third quarter budget review City Manager Wysocki presented to the Commission the budget amendments which result from the third quarter bUdget review, as discussed in the previous item. He then recommended that the Commission authorize the Mayor to sign the budget amendments as submitted. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission authorize the Mayor to sign the budget amendments resulting from the third quarter budget review. 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. Discussion - letter to Downtown Bozeman Association as drafted by Commissioner Vant Hull City Manager Wysocki presented to the Commission a letter to the Downtown Bozeman Asso- ciation as drafted by Commissioner Vant Hull. Commissioner Vant Hull indicated she feels the Commission should send a letter indicating they do not encourage rumors about stores leaving, affirm the need for a downtown and indicate I support for the downtown area. Mayor Mathre asked if someone from the Association has requested this letter of support. Commissioner Vant Hull indicated that the president and past president think it would be desirable. The Mayor then stated she is reluctant to send this type of letter since no specific request has been submitted. She then indicated that she will not sign the letter as drafted. Commissioner Jordan suggested the Commission may wish to ask the Association if they are interested in appointing some people to work with some of the Commissioners on various methods to maintain a viable downtown. 05-05-86 17ft Mayor Mathre noted that all of the Commissioners are serving on committees for the Certified Cities Program, which backs the downtown area as well as the entire community. She also noted that the Commission had supported the possibility of tax increment financing when it was proposed a few years ago, until the strong opposition was registered. The Mayor then indicated that she will revise the letter and bring it back next week for review if the Commission so desires; and the Commission concurred. Pledged Securities as of March 31, 1986 I In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Jordan and Commissioner Martel had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Securities was found to be in order. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of March 31, 1986, and a I ist of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1986 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First Bank of Minneapolis: NJ Ser 1976 Water Consrvtn 5.60 2/01/87 9020-6892 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 I County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 " 45,000.00 Bozeman, MT, GO 4.80 1/01/91 " 45,000.00 Bozeman, MT, GO 4.90 1/01/92 II 45,000.00 Cook County Illinois 5.75 11/01/93 0265 200,000.00 Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00 TOTAL - First Bank - Bozeman $1,167,000.00 FI RST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 18, 100.00 5.50 12/30/86 3825 18,100.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & C lark Co., MT; S.I.D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 I City of Helena, Lewis & C lark Co., MT; 5.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 II II 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 05-05-86 175 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SK119286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S.I. D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK 149545 120,000.00 Bozeman, MT, S.I.D. #625 9.75 1/01/2001 SK 155026 100,000.00 Gallatin County. MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada I GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Lynchburg, VA 10.00 6/01/2012 228049 300,000.00 North Slope Borough, AK G.O. 9.25 9/20/89 257806 200,000.00 State of Hawaii 11.5 8/01/90 181125 200,000.00 So. Dakota Health Ed Rev 6.70 9/01/90 069431 100,000.00 U.S. Treasury Bill 10.0 5/15/88 447081 1,000,000.00 Trusteed with Northwestern National Bank of Minneapolis: Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOTAL - First Security Bank - Bozeman $3,357,200.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/86 H951 6,250.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/87 H949 4,200.00 Grade Sch. Bldg. Dist #11 of Powell Co. I (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/86-89 Hl127 4,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H 30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MISer II Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison. MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/86 H 1045 2,500.00 5.00 11/01/87 H 1 046 2,500.00 Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Total - Montana Bank of Bozeman, Montana $ 660,825.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: I U.S. Treasury Notes 8.875 7/31/87 9893 200,000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 200,000.00 WESTERN BANK OF BOZEMAN - Bozeman Federal Deposit I nsurance Corporation 100.000.00 05-05-86 176 Trusteed with American National Bank & Trust Company: U.S. Treasury Note 10.0 2/28/87 413950 200,000.00 TOT AL - Western Bank of Bozeman - Bozeman $ 200,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C. A., have this day certified the receipts of the Federal I Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, the American National Bank & Trust Co., for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of March 31, 1986, by the several banks of Bozeman and approve and accept the same. JUDITH A. MATHRE, Mayor MARY B. VANT HULL, Commissioner DENNIS E. JORDAN, Commissioner ALFRED M. STIFF, Commissioner WAL TER MARTEL, Commissioner 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 - setting of goals for Fiscal Year 1986-87 Mayor Mathre requested that, due to the long agenda for this meeting, the discussion on setting of goals be deferred for a period of one week. She also noted the delay will provide Commissioner Stiff with an opportunity to submit his suggestions in writing prior to the dis- I cussion. the Montana Lea ue of City Manager Wysocki presented to the Commission a copy of the 1986 legislative question- naire as prepared by the Montana League of Cities and Towns. The Commissioners reviewed the various categories listed, each submitting their top three priorities in each category. The Clerk of the Commission tabulated those results; and the City staff will forward the information to the League office. The City Manager noted that the last category lists general issues and suggested the Commissioners may wish to add items to that list during the next few weeks. Break - 5:00 to 5:17 p.m. Mayor Mathre declared a break from 5:00 p.m. to 5:17 p.m., in accordance with Commission policy established at their regular meeting held on March 14, 1983. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A summary of the vehicles which took garbage to landfill on the second free dump I day, which was held on April 26, 1986. (2) A letter from the PSC giving official notice that the new water rates are in effect as of April 30, 1986. (3) A letter from Community Tele-Communications, Inc., indicating that it has assigned its assets to TCI Cablevision of Montana, Inc. (4) A letter from the Recreation Director indicating that the Recreation Advisory Board would like to meet with the City Commission in the evening on May 12 or May 19. Following a brief discussion the Commission concurred to conduct that meeting on Monday, May 19, at 7: 30 p. m. 05-05-86 177 (5) A copy of a letter to the State Highway Department from Mary Francesca Palffy and David James Patterson concerning the DEIS, particularly as it applies to West Oak Street. (6) The agenda for the City-County Planning Board meeting to be held on Thursday, May 8, at 7:00 p.m. (7) Copies of two newspaper articles submitted by Commissioner Vant Hull, entitled "Gas- Tax option favored" and "Leaking underground gas tanks; how bad a problem exists here?" I (8) Commissioner Martel noted an article in a recent edition of the Bozeman Daily Chronicle indicates that an appeal case in District Court was dismissed because attorney Karl See I was not present to prosecute the case for the City. The City Manager indicated that this matter wi II be handled administratively. stating that he will meet with Mr. See I tomorrow. (9) Commissioner Jordan stated he has a copy of a book he borrowed from County Commis- sioner Jane Jelinski concerning EPA guidelines and the role of local governments in addressing hazardous wastes, including leaky underground tanks and high tech wastes. He noted the book costs $19.95 and suggested the City may wish to acquire a copy. The City Manager indicated that some of the City staff members will review the book to determine if it would be beneficial during development of regulations addressing hazardous wastes. (10) The City Manager indicated that the staff has placed an ad in the Bozeman Daily Chronicle offering a $1,000.00 for information leading to the arrest of persons involved in the vandalism of headstones at the cemetery. He noted a similar ad will be placed in the Exponent this week. ( 11) The City Manager stated that the Insurance Pool Board of Trustees will meet in Butte on Friday. (12 ) The City Manager indicated that the City has accepted proposals from engineering firms for the anticipated water improvements projects. He noted interviews wi II be held with four firms on May 14, after which the staff will select a firm. I (13 ) The City Manager then stated the staff will consider selection in the near future of a consultant for the proposed sidewalk program to be implemented this summer. (14 ) The City Manager stated the staff is meeting with various bond consultants concern- ing refunding of the existing water bonds to gain additional funds for construction of possibly two water improvement projects. He noted this item will be submitted as an "FYI" on the agenda for the next PSC meeting so they are aware of the process. He further noted the City may attempt to complete the refunding process and sell bonds by July 1 to take advantage of the current interest rates and to beat the anticipated flood of bonds on the market around September 1. Commissioner Martel noted he is a holder of bonds from the 1982 Water Revenue Bond issue and asked the City Attorney to research the matter to determine if that creates a conflict of interest. for him. (15 ) Mayor Mathre stated the City-County Health Board will meet at 7:00 a.m. on Wednesday, May 7, in Room 102 of the Gallatin County Courthouse to discuss the budget. (16 ) Commissioner Stiff stated he will submit a report on the conference in San Antonio at next week's meeting. Consent Items Items." I Commission Sullivan - June 26 Norman as Acting Clerk of the 05-05-86 178 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. Executive session re labor negotiations I Mayor Mathre called an Executive Session of the Commission at 5: 40 p. m. for the purpose of discussing labor negotiations and requested that all persons except the Commissioners, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and the Clerk leave the room. Mayor Mathre continued the Executive Session of the Commission until after the completion of the scheduled public hearings and reconvened the meeting. Recess - 6:05 p.m. Mayor Mathre declared a recess at 6:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on Commission Resolution No. 2598, entitled: COMMISSION RESOLUTION NO. 2598 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 648 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CONCRETE CURB AND GUTTERS, CONCRETE SIDEWALKS AND ALL OTHER NECESSARY APPURTENANCES ON WEST VILLARD STREET BETWEEN NORTH GRAND AVENUE AND NORTH WILLSON AVENUE. Mayor Mathre opened the public hearing. City Manager Wysocki presented to the Commission two letters of protest received from Robert E. and Jennifer L. Buchanan, 113 West Villard Street, and Greg and Laurie Meddings, 109 West Villard Street, respectively. These letters of protest will become a part of the perma- nent record. Mr. Tom Roth, 113 West Villard Street, stated opposition to the creation of Special Improvement District No. 648 because the proposed method of assessment is unequitable. City Manager Wysocki asked Mr. Roth if he had signed the petition requesting that this 5 I D be created; and Mr. Roth indicated that he had. City Attorney Crumbaker-Smith stated this SID would be assessed on a square footage basis under this Resolution. She noted that the amount of square footage assessed may not exceed the actual square footage of the lot; however, it may be less if the boundaries are so established. Commissioner Stiff asked Mr. Roth what he would consider equitable. Mr. Roth indicated he feels a linear footage basis would be more equitable. He then noted that the Medical Arts I Center property fronts along the south side of the street; and a majority of the traffic along the street is created by their parking lot. Commissioner Vant Hull asked if there is a mechanism for changing the method of assess- ment for an SI D. The City Manager indicated that the Commission could begin the process again by adopting a new Resolution stating its intent to create the 51 D with a different method of assessment stipulated. 05-05-86 179 Mrs. Laurie Meddings, 109 West Villard Street, noted the Notice submitted to the property owners includes the estimated cost and the square footage of the assessable area; but it does not give any more specific information on the cost to be assessed against each property. She then indicated she is interested in dust control and alleviating the potholes which occur during the wet seasons. Mrs. Meddings then noted that North Grand Avenue does not have curbs and gutters and asked if that same type of street could be installed along the subject I block of West Villard Street. She stated she is opposed to the proposed project because of the costs which would be incurred by the residential property owners. Mayor Mathre stated that North Grand Avenue was paved in that manner many years ago; and it will take creation of a new SID to upgrade the street to today's standards. City Manager Wysocki noted the current City standard for street paving is 37-foot paving with curbs and gutters, which is provided for in this Resolution. He then noted that the unit costs of paving only one or two blocks is usually higher than in larger projects. The City Manager then asked Mrs. Meddings if she had signed the petition requesting the creation of the sl D; and she indicated that she had. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. City Manager Wysocki stated that, according to the State Statute, if more than 50 per- cent of the property owners by area request improvements be done, the Commission may create a Special Improvement District. He further noted that the Statute provides that if a single block is unpaved between two paved blocks, the Commission may order the improvements be done and assess the property owners within the district. Mayor Mathre asked what percentage of the properties involved have registered protests. The City Manager indicated that the protests received represent 10,000 square feet of the 25,000 square feet of assessable area. I This was the time and place set for the public hearing on Commission Resolution No. 2599, entitled: COMMISSION RESOLUTION NO. 2599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 649 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF SANI- TARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. Mayor Mathre opened the public hearing. Mr. Don White, Attorney representing Mr. Roger Smith, indicated that his comments address this item as well as the subsequent two agenda items. He noted that at the current time, Mr. Smith is the sole owner of the property involved in these three 51 D's. Mayor Mathre expressed concern about Special Improvement Districts in general, especially the payment of assessments on those districts. She then noted the housing market is currently soft and asked how the owner plans to assure those assessments are paid. Mr. White stated that with the Preliminary Plat approval for Annie Subdivision, First Filing, Mr. Smith engaged in a limited partnership program by selling a number of lots in the mobile home subdivision, with those monies and contracts being placed in escrow unti I the improvements have been made. He noted that in this instance, the land has been in Mr. Smith's family for several generations; and there are no debts against the property. I Commissioner Vant Hull asked how soon the mobile home lots would be available for occu- pancy if these SID's are created. Mr. White stated that during the sale of the lots, the people have been informed that the lots will be available for occupancy in late summer or early fall. He then indicated that Notices of Purchasers' Interest have been filed with the Clerk and Recorder's Office and are available for review to determine ownership during the creation of the 51 D's, so the requirements for a cash escrow account may be addressed. 05-05-86 -- -~- / 18U No one was present to speak in opposition to the creation of Special Improvement District No. 649. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. 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. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize and direct the staff to proceed with preparation of the Resolution for creation of Special Improvement District No. 649, to be brought back next week for adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis- sioner Martel, Commissioner Vant Hull, Commissioner Jordan aAd Mayor Mathre; those voting No, none. hearin - Commission Resolution No. 2600 - intent to create 51 D No. 650 - sidewa ks, and storm etentlon 1m rovements In a portion of nnie This was the time and place set for the public. hearing on Commission Resolution No. 2600, entitled: COMMISSION RESOLUTION NO. 2600 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 650 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN- STALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAIN DETENTION BASIN IMPROVEMENTS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. Mayor Mathre opened the public hearing. The Mayor requested that all of the testimony contained in the previous public hearing I be made a part of this item also. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Com- missioner Jordan. Commissioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize and direct the staff to proceed with preparation of the Resolution for creation of Special Improvement District No. 650, to be brought back next week for adoption. 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 vot I ng No, none. intent to create extended 5 I D No. 651 - Avenue and North 22nd Avenue, includin nnie u division, irst i ing This was the time and place set for the public hearing on Commission Resolution No. 2601, entitled: COMMISSION RESOLUTION NO. 2601 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF I BOZEMAN TO CREATE EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTI- FICATION OF STREET IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, GRAVEL WALKWAY AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. Mayor Mathre opened the public hearing. The Mayor requested that all of the testimony contained in the previous public hearing be made a part of this item also. 05-05-86 - - -------- -- -_._~------ 181 Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. 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 Commission I authorize and direct the staff to proceed with preparation of the Resolution for creation of extended Special Improveme.nt District No. 651, to be brought back next week for adoption. 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. This was the time and place set for the continued public hearing on the Zone Code Amend- ment requested by Gene Cook to amend Section 18.52.140 of the Bozeman Municipal Code to allow tire sales, installation and alignment as a conditional use in the B-2 District. Mayor Mathre opened the continued public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the requested Zone Code Amendment will allow tire sales, installation and alignment as a conditional use in the B-2, Community Highway Business, District, including the extended services of front end and wheel alignment. He stated several similar uses, including equipment sales and installation, are listed as permitted uses in the B-2 District; and the applicant feels the requested conditional use would be appropriate in that zone as well. The Assistant Planner noted there are currently several tire centers in Bozeman; four being located in the M-l or M-2 districts as permitted uses; two in the B-3 district as grandfathered uses; and one in the B-2 district as a grand- fathered use. I Assistant Planner Skelton noted that several of the conditional uses currently listed in the B-2 district are similar to the requested use. However, concern has been expressed about potential intrusive conditions on adjacent uses, such as noise and exhaust fumes as well as visual impacts if adequate screening is not provided. The Assistant Planner stated that, following the public hearing at the Zoning Commission meeting, the Planning Staff suggested that "shock absorber sales and installation" be added to the language contained in the Zone Code Amendment. He noted the Zoning Commission concurred with the Planning Staff's recommenda- tion for approval. Mr. Glyn Verzatt, realtor representing Gene Cook, stated he is involved in the sale of the parcel which has prompted this Zone Code Amendment. He indicated support for the Zone Code Amendment, noting it could attract a business asset to the community. No one was present to speak in opposition to the requested Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Com- missioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission approve the Zone Code Amendment requested by Gene Cook to amend Section 18.52.140 of the Bozeman Municipal Code to allow tire sales and installation, including front end and wheel alignment and the sale and installation of shock absorbers, as a conditional use in the B-2 I District. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Permit 05-05-86 182 requested by Steven J. Corning for Sinclair Marketing to allow a Kinkos Copy Center and other retail uses on Lots 15, 16, 17 and 18, Block 50, West Park Addition. This site is more commonly known as being located at 815 West College Street. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject site is the vacant Sinclair Gas Station located on the northeast corner of the intersection of West College Street and South Ninth Avenue. He Indicated the proposal is to renovate the existing I 1086 square feet for photographic copying and construct additions for two additional retail rentals, so the structure will contain slightly more than 3200 square feet. The Assistant Planner noted that the applicant proposes to install 13 off-street parking spaces, which exceeds the 12 required. He then noted the applicant has received a variance through the Board of Adjustment to allow parking in the front yard setbacks as well as a variance to construct the additions in a straight line with the back wall of the existing building, which is on the property line. He noted the Board of Adjustment also requested that the fourteenth proposed parking stall be removed and that low landscaping be planted, to allow a better sight angle at the alley. Assistant Planner Skelton stated the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to eight conditions. Mr. Steve Corning, applicant, submitted to the Commission an architectural rendering of the renovated building. He indicated that Kinkos Copy Centers are in more than 700 locations across the country. He noted the center does electronic copying through use of Xerox equip- ment. He stated it is a clean industry which employs casual, part-time help. The applicant then indicated that he concurs with the conditions recommended by the Planning Staff and the Zoning Commission. Commissioner Jordan noted this appears to be a good project; but he feels that the parking requirements contained in the Code should be reviewed because he does not feel an adequate number of off-street parking spaces are required for the various uses. No one was present to speak in opposition to the requested Conditional Use Permit. I Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion waive the customary one-week waiting interval. 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 Commis- sion approve the Conditional Use Permit requested by Steven J. Corning for Sinclair Marketing to allow a Kinkos Copy Center and other retail uses on Lots 15, 16, 17 and 18, Block 50, of West Park Addition to the City of Bozeman, subject to the conditions as recommended by the Zoning Commission as follows: 1. That snow removal storage areas be indicated on the final site plan and that it be reviewed and approved by the Planning Director prior to final site plan approval. 2. That final site drainage plans be revtewed and approved by the City Engineering Officer prior to final site plan approval. 3. That the south wall of the garbage enclosure be omitted. 4. That the water irrigation system for landscaped areas along West College Street be noted on the final site plan prior to final site plan approval. 5. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required improvements have been installed and inspected by the City of I Bozeman. If occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. 6. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission 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 for each phase. One 05-05-86 ------~ 183 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. 7. That all on-site improvements (i .e., paving, landscaping, etc.) shall be completed within 18 months of the conditional use permit as shown on the approved final site plan for each phase. 8. That the conditional use permit shall be valid for a period of only 18 I 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 will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 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. school This was the time and place set for the public hearing on the Conditional Use Permit requested by Heritage Christian School to allow an elementary school on Certificate of Survey No. 909 in the northwest one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located at 4310 Durston Road. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted the requested Conditional Use Permit would allow relocation of the Heritage Christian School from its current site on North Ida Street to the subject location, which is the former Rae Foundation. She stated the school would provide education for grades kindergarten through sixth grade, with the building being modified to accommodate six classrooms at this time with additional classrooms and connect- ing corridors being constructed during future expansion phases. I The Assistant Planner stated the school has a current enrollment of 67 students, with six staff members; and they project 84 students, with seven staff members, during the 1986-87 school year. 5he noted the State Department of Health and Environmental Sciences has reviewed the existing septic tank system and indicates the system will accommodate a maximum of 120 students and ten staff members. Assistant Planner Elkins stated that vehicular access has been an issue of concern due to the poor condition of the existing roadway. She noted that the major access to this site, which is located along Durston Road approximately 1,000 feet west of Ferguson Road, will be along West Main Street, Ferguson Road and Durston Road. She indicated that Ferguson Road north of West Babcock Street is unpaved, as is Durston Road west of North 20th Avenue. The Assistant Planner then stated that the school has contracted with Karst Stage for bus service for the students and car pooling will be utilized, so the existing roadways will be able to handle the vehicular Impact from this requested use. The Assistant Planner stated that, following the public hearing on this item, the Zoning Commission concurred in the Planning Staff's recommendation for approval, subject to twelve conditions. Mr. Leroy Ensign, administrator of the school, stated that Heritage Christian School was formed in 1982 to pr'i\vide an alternative to the public school system. He noted the enrollment has increased substantially sin~e then; and the existing facilities on North Ida Avenue are becoming too small. He stated the existing Rae Foundation building will provide adequate room I for the school to expand for the next few years; and this use would provide a good use of that facility, which is currently vacant. Mayor Mathre asked Mr. Ensign if he is willing to accept all of the conditions recommended by the Planning Staff and the Zoning Commission; and he indicated he is. Commissioner Vant Hull noted that one of the recommended conditions refers to Waivers of Protest for the Creation of 51 D'sl RID's. The Assistant Planner noted that, since the property lies outside the city limits, use of both methods must be addressed because the City does not have jurisdiction over the entire road system to be used. Mayor Mathre noted that the subject proposal incorporates three separate phases and asked 05-05-86 18Lt if any additional public hearings wi II be required for the second and third phases. . The Assistant Planner stated that each phase must be completed within eighteen months; so if the project has not been completed within fifty-four months, it will be required to go through the review process again. She also noted if the school wishes to expand to more than 120 students, it must complete a review process again. Mayor Mathre noted the site is on a well and asked if the water supply is adequate. Assistant Planner Elkins indicated that it is. I Commissioner Jordan asked if fire trucks and other emergency vehicles will be able to service the back of the structure if the additions are constructed as shown on the site plan. The Assistant Planner noted the site plan shows 25 feet between the building and the fence; and one of the conditions requires City staff review and approval to address that type of question. Assistant Planner Elkins then reminded the Commission that, until recently, the subject site was zoned R-Q, which would allow a permitted use having substantially more impact on the road system than this proposed conditional use. Ms. Linda Erickson, architect in training representing Don McLaughlin, stated the firm was hired to prepare drawings and review the existing structure. She noted the building is a quality structure, built about fifteen years ago but easily brought up to current code require- ments. She briefly reviewed the remodeling which will be necessary to convert the structure to accommodate school facilities, characterizing those changes as minimal and not affecting the exterior appearance of the bui Iding. Ms. Erickson noted that the structu re has most recently been used as an office building for Plum Creek, which generated more traffic than the proposed school use. Commissioner Jordan noted the site is currently fenced with barbed wire and asked if that wi II be removed. Ms. Erickson noted that is one of the conditions recommended by the Planning Staff and the Zoning Commission; and that work will be completed. Mrs. Judy Moats, parent, addressed the traffic issue, which has been the key issue in review of this request. She noted the school provides a controlled environment with regulations I which must be met, including the provision that students not walk or ride bicycles to the new location due to the poor condition of the existing roadways. She noted that contracting with Karst Stage will accommodate a large percentage of the students; and vans will be used to pick up some of the rural students. Also, car pooling will be utilized for students and staff; therefore, the amount of traffic will be minimal. Mrs. Moats stated the traffic generated by the school will not be traveling at the peak times or in the same direction as the majority of the traffic, thus causing less impact on the capacity of the roadways. She also noted there are 180 school days each year, with very limited travel to the school on evenings, weekends and during the summer. Mrs. Moats then noted that the Director of Public Service has submitted a memo indicating that he feels this proposed use will have little additional traffic impact on Durston Road because Ferguson Road and Main Street will be the best approach. Mr. Jerry Neiminen noted that two people on the Zoning Commission voted no, with one of the primary concerns being the existing condition of Durston Road; however, the majority of the traffic will use Ferguson Road. Mr. Roger Smith stated he lives along Durston Road; and he indicated support for the school. He then noted that he has indicated a willingness to participate in a study of the intersection of North Seventh Avenue and Durston Road as well as paying his fair portion of the needed improvement. He then stated he feels all future developments along Durston Road should be required to participate and asked if the school should also be required to participate in the improvement of that intersection, since it will be creating additional traffic. I Assistant Planner Marcia Elkins stated the Planning Staff considered that item; but they did not submit any recommendations on that matter and the Zoning Commission did not request participation in the improvements through signing of a Waiver of Protest for the Creation of an 51 D, either. She noted the subject site is an extended distance from the intersection of North Seventh Avenue and Durston Road; and a limited number of average daily trips are projected. 05-05-86 185 The Assistant Planner further noted that signing of waivers is not usually required for Condi- tional Use Permits; but in this instance some have been required because of the poor condition of Durston Road and Ferguson Road. Following discussion, the Commission concurred that the school is too far removed from the intersection of North Seventh Avenue and Durston Road to require a Waiver of Protest for the Creation of an 5 I D for improvement of the intersection. I Commissioner Stiff asked if it would be possible to use the subject building for another use when school is not in session. Assistant Planner Elkins stated that this Conditional Use Permit has been advertised for an elementary school. She noted that as long as the use falls within the general definition of an elementary school, it would be acceptable under the permit. Commissioner Vant Hull noted the Improvements Agreement is to be required prior to approval of the final plat rather than prior to occupancy. The Assistant Planner stated if a guarantee is required prior to final plat approval, the City is more assured that the conditions will be met and the improvements installed. Mr. Ensign then stated that the existing faCility is under a Conditional Use Permit; and not all of those conditions have been met because the required parking lot has not been in- stalled. He noted they had a security agreement with a local bank, but when it expired they were unable to renew it or get a new one because of bank policy changes. He noted that he has worked closely with the Planning Staff so that they have been aware of the situation. Mr. Dave Lockie, 317 Lindley Place, stated that two of his four children attend the Heritage Christian School. He indicated support for the school, noting that it provides an alternative to public education which is beneficial to some students. He then requested that the Commission approve this Conditional Use Permit. Mayor Mathre read a letter from Douglas L. Smith, 4521 Durston Road, which the Commission received just prior to the meeting. Mr. Smith's letter indicated concern about the increased traffic on Durston Road, concern that the septic system might contaminate the area because of I extensive use and the high groundwater in the area, and concern about the irrigation ditch run- ning through the parcel and any associated liability. Commissioner Vant Hull asked about potential contamination from the existing septic system. Assistant Planner Elkins stated the existing septic tank system is an innovative system. She further noted the Department of Health and Environmental Sciences has reviewed the system and submitted its findings that it is adequate. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Stiff; those voting No being Commissioner Jordan, Commissioner Vant Hull and Mayor Mathre. A decision will be forthcoming in one week. Break - 9:10 to 9:20 p.m. Mayor Mathre declared a break from 9:10 p.m. to 9:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. - Zone Map Chan nnexatlon and I This was the time and place set for the public hearing on the Zone Map Change requested by Paul Carter and Kaye Helms to change the present zoning of RS-l to M-l- T on Tract 25 of the Northeast Annexation, containing 11.22 acres, and Certificate of Survey No. 724, containing 1 .033 acres. The two parcels are connected along the northwest corner, and are more commonly known as being located between Griffin and Bridger Drives. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the subject property is located north and east of the intersection of Griffin Drive and Bridger Drive; and the site is currently vacant. He noted the proposed rezoning is appropriate for the area. The Assistant 05-05-86 186 Planner stated that a sizable portion of the subject property lies within the 100-year flood plain; and the criteria for building in a flood plain will be reviewed through the "T" desig- nation. Assistant Planner Skelton stated the State Department of Highways has indicated they will allow one access onto Bridger Drive from the 1. 033-acre tract; and the 11. 22-acre tract wi II gain its access from Griffin Drive. He then Indicated that the Zoning Commission concurred in the Planning Staff's recommendation for approval of the requested Zone Map Change. I Mr. Dan Henderson, representing Mr. Carter and Mrs. Helms, noted that he is the adjacent property owner to the west. He stated the applicants have no immediate plans for development of the subject parcels; but the requested rezoning will bring the parcels into general con- formance with the original intent of the area. No one was present to speak In opposition to the requested Zone Map Change. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion approve the Zone Map Change requested by Paul Carter to change the present zoning of RS-l to M-l-T on Tract 25 of the Northeast Annexation and Certificate of Survey No. 724, con- taining a total of 12.253 acres located between Griffin and Bridger Drives. 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. Executive session (continued) re labor negotiations Mayor Mathre continued the Executive Session of the Commission at 9:30 p.m. for the purpose of discussing labor negotiations and requested that all persons except the Commis- sioners, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith I and the Clerk leave the room. Mayor Mathre declared the Executive Session of the Commission closed at 10: 30 and re- convened the meeting. Adjournment - 10:30 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, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 05-05-86