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HomeMy WebLinkAbout1985-05-13 168 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 13, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 13, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I 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. The minutes of the regular meeting of May 6, 1985, were approved as amended. None of the Commissioners requested that any of the items listed under the Consent Items be removed for discussion. Decision - Conditional one 12-unit apartment 14- and a portIOn 0 This was the time and place set for the decision on the Conditional Use Permit requested by Everett Egbert for Allen J. Visocan to allow the construction of one 12-unit apartment build- ing and one 18-unit apartment building on the north 388 feet of Tract 14-A and a portion of Lots 13 and 14, Durston's Subdivision. The property in question extends from Durston Road to West Villard Street, west of North Seventh Avenue, and is more commonly known as the Kibbey Plaza P. U . D., Phase III. City Manager Wysocki stated the applicant has requested that action on this item be tabled indefinitely, due to problems concerning the actual property boundaries. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on the Conditional Use Permit requested by Everett Egbert for Allen J. Visocan to allow construction of one 12-unit apartment building and one 18-unit apartment build- I ing in Kibbey Plaza PUD, Phase III, indefinitely, as requested by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Conditional Use Permit - Tom Cotton - to allow construction of a restaurant on Lots 1 and 2, West Main Business Plaza (509 Professional Drive) This was the time and place set for the decision on the Conditional Use Permit requested by Tom Cotton to allow the construction of a restaurant on Lots 1 and 2 of the West Main Business Plaza, Triangle Area Annexation. This site is more commonly known as 509 Professional Drive. City Manager Wysocki reminded the Commission that the public hearing on this item was held at last week's meeting. He then concurred in the Zoning Commission recommendation that this application be approved, subject to four conditions. Commissioner Jordan stated that Professional Drive is a short street with one business with high vehicular turn-over currently located there and a potential of five or six more busi- nesses of the same nature being constructed in the future. The Commissioner noted if the Commission approves all of those businesses without any provision for installation of a traffic signal at some time in the future, ingress and egress to Main Street could cause many problems. He then suggested that another condition requiring participation in future installation of a traffic signal at that intersection be added to approval of the request. Mayor Weaver expressed concern that the traffic signal could be considered an off-site I impact. He also reminded the Commission that West Main Street is a state highway; and until engineering studies warrant, a traffic signal will not be installed. He noted that shortage of funds does not seem to be an impediment on installation of a traffic signal if it is deemed necessary through studies; and the availability of funds through the City does not seem to speed up the process. Commissioner Vant Hull reminded the Commissioners that they have pursued a traffic signal at the intersection of West Main Street and West College Street because of the traffic 05-13-85 189 entering and exiting maneuvers at Main Mall for two to three years; and the State Highway Department has recently indicated it will install a flashing light. She then questioned whether the Highway Department will consider a second stop light so close to that intersection. Commissioner Anderson suggested that the group of businessmen along West Main Street and possibly concerned citizens may be more effective in applying pressure for a traffic signal than the City Commission. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Tom Cotton to allow construction of a restaurant on Lots 1 and 2 of the West Main Business Plaza, subject to the conditions recommended by the Zoning Commission, as follows: 1. That the design, location and installation of the storm sewer inlet at the northern entrance to Professional Drive be reviewed and approved by the City Engineering Officer. 2. The developer shall enter in 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 (1 i) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made part of that agreement. 3. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to issuance of a Building Permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be re- tained by the applicant. 4. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the I conditions in the granting of the permit. An on-site inspection wi II be made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Jordan. Presentation of picnic tables - Clem Lambrecht on behalf of the Bozeman Exchange Club City Manager Wysocki stated that Mr. Clem Lambrecht requested that he be placed on this agenda. Mr. Clem Lambrecht, representing the Bozeman Exchange Club, presented to the City seven picnic tables to be used in various City parks. He indicated the City crews have picked up the picnic tables, and they will be placed in the parks very shortly. Mr. Lambrecht stated the Exchange Club works on projects for the good of the community when it has sufficient funds; and this is the project which was voted in about one year ago. Mr. Lambrecht then read a letter presenting the picnic tables to the City. He noted this is one example of how the monies derived from community events, particularly the Fourth of July celebrations are funneled back into the community. He then indicated the Exchange Club expects Celebration 185 to be as big, or bigger than Celebration 184. Mayor Weaver noted that service clubs are important to the community and help maintain I the quality of life. The Commissioners then thanked Mr. Lambrecht for the presentation of the seven picnic tables to the City. Discussion - video draw poker machine license fees City Manager Wysocki stated the Commission had briefly discussed this item at last week's meeting and had requested it be placed on this week's agenda for further discussion. He then noted the Commission has received a letter from Larry Lippon, D & R Music, listing anticipated revenues through HB236 and submitting suggestions for City licensing fees. 05-13-85 170 Mr. Larry Lippon, D & R Music, indicated that HB236 was signed earlier on this date. He then stated he would answer any questions the Commissioners may have about the letter he submitted. He then indicated that if the City imposes a city license fee in addition to the state fee, the number of video draw poker machines installed within the city limits will probably drop from 40 to 23 machines. He indicated that each machine costs approximately $4,000.00; and the addition of the $1,500.00 state license fee and up to $1,000.00 for a city license fee will require the drop in the number of machines. I Mayor Weaver stated the City's primary concern is not the revenues generated by a license fee, but is the regulation of an industry in the best interests of the community. He noted the Commission is responsible for maintaining the health, safety and welfare of the commu- nity. Commissioner Anderson asked if more video draw poker machines will be added after the first year of operation. Mr. Lippon indicated that he cannot answer that question without data, but he hopes that the number of machines will increase in the future. Commissioner Jordan asked if it is possible to replace a chip in the old Draw 80 poker machines to convert to the new video draw poker machines. Mr. Lippon stated that the specifi- cations set forth in HB236 require a much larger memory capability. He also indicated there are five pages of specifications which all new video draw poker machines must meet. Mayor Weaver asked if the Montana Department of Revenue (MOOR) will perform periodic audits on each machine every year. Mr. Lippon stated the administrative rules have not been completed for the new machines. He then indicated the Draw 80 poker machines were ruled illegal on February 3, 1984; and all of the machines installed will be new machines that meet the new specifications. Commissioner Vant Hull noted one of the suggested items included in the letter from D & R Music is the implementation of a $2,500.00 distributor's license. She then asked if that would decrease the number of distributors of video draw poker machines and asked if there may be other machine distributors with or without licenses. Mr. Lippon stated that Butte/Silver-Bow requires a distributor's fee; and they know who is operating in the County. He also indicated I that the distributor's license fee will increase non-property tax revenues to the City without taxing the small tavern owners. Mr. Lippon then stated that D & R Music currently pays a very small license fee, based only on the square footage of their office area. Mayor Weaver asked if there is statutory provision for such a license fee or if an ordinance would be required. The City Attorney indicated she is not aware of any statutory provision. She then stated that a distributor's license is not included in the existing ordinance, but could be added through adoption of another ordinance. Mr. Ralph Ferraro, owner of the Rocking R Bar, 221 East Main Street, stated he is the President of the Gallatin County Tavern Owners' Association. He submitted to the Commission a sheet of statistics indicating how much he has personally paid in licenses and taxes for his business this past year, noting that converts to approximately $500.00 per square foot for the 1,300 square feet in his business establishment. He then stated most of the bars in Bozeman are small businesses which cannot afford to pay $1,000.00 city license fees per video draw poker machine on top of current licenses and taxes. Mr. Ferraro then stated that he does not believe a police car was called over any inci- dents relating to poker machines when the Draw 80 poker machines were allowed. He then indicated that the poker machines provide entertainment for the patrons while they are in the bar. He also noted that there has been a 25 percent reduction in revenues from the consumption of alcoholic beverages this past year; and the bar owners are trying to find alternative methods to increase revenues. Mr. Ferraro then stated that the City of Laurel has established a local license fee of I $50.00 per machine; and the same proposal is being submitted to the City of Billings. Mr. Ferraro then stated that bars in most Montana cities are small businessmen in small communities; and he feels that an additional local license fee on the video draw poker machines would be singling the bar owners out to pay more taxes just because they have bars and gambling. Mr. Ferraro stated other businesses along Main Street are basically the same type of businesses-- retail sales--and they are not required to pay many of the license fees required of bars. 05-13-85 171 Commissioner Anderson asked if the Tavern Owners' Association lobbied for HB236. Mr. Ferraro indicated it did. He also noted that Rep. Pavlovich submitted the bill at the request of the Tavern Owners' Association; and the bill was later amended to raise the State license fee with more monies being returned to local governments to assure passage. Commissioner Anderson noted it is ironic that the group which lobbied for passage of the bill is now objecting to local government considering implementation of a $1,000.00 local license I fee per machine, which is an option under the new legislation. Mr. Bob Fletcher, owner of the Cannery Lounge, 43 West Main Street, stated he feels the revenues from the license fees should be returned to the local governments. He noted the lounge owners are trying to counter lost revenues from decreases in consumption of alcoholic beverages. He noted the bar owners must now be careful to sell two to three drinks to patrons rather than six to ten as it used to be, due to new legislation concerning driving under the influence. Mr. Fletcher stated that the video draw poker machines wi II provide entertainment for the patrons while they drink a limited amount of alcohol. Mr. Fletcher then stated that HB236 was introduced at the request of the Montana Tavern Owners' Association and originally carried a license fee of $300.00. He noted that SB391 was introduced at the request of the vending machine distributors, with a $2,500.00 license fee; and that bi II was opposed by the tavern owners. Commissioner Jordan stated he feels that any license fee imposed should be fair to the tavern owners, since they are businessmen in the community and contribute when donations are requested by various organizations. He stated that, because this is a singular type industry, certain constraints must be imposed; and he suggested that a $500.00 license fee be imposed on each of the first two machines and a $1,000.00 license fee on any additional machine. The Commissioner also suggested that the total number of card tables, keno machines and poker machines not exceed five in any location. Commissioner Vant Hull stated she feels the fee should be $1,000.00 for each machine. She stated the vendor's initial indications are that probably only one establishment will install I more than one video draw poker machine. Commissioner Vant Hull stated that many citizens do not want to see Bozeman turned into the beginnings of a Nevada casino; and she feels her proposed I icense fee would, along with a limit of five gaming devices, help alleviate that concern. Mayor Weaver stated a second machine in an establishment would be there for customer convenience; and he does not feel the license fee for that machine should be double the first one because the revenues will not be that much higher. The Mayor also indicated he would be comfortable with a conservative license fee until data on revenues from the machines has been gathered; and if a higher license fee is warranted, it could then be raised. He then suggested that the Commission instruct the staff to prepare a draft ordinance establishing a license fee for the video draw poker machines and limiting the number of gaming devices to five per establishment. Mayor Weaver then questioned if the City's limitation to five aggregate poker machines, keno machines and card tables would create legal conflicts with the new legislation, which allows five video draw poker machines per establishment. The City Attorney stated she does not feel the two limitations would be in conflict. She noted the City currently has no limitation on the number of keno machines allowed and has a limitation of four card tables per establishment. Mayor Weaver noted that five video draw poker machines, unlimited keno machines, and four card tables would be allowed in one establishment if no additional restrictions are imposed. Commissioner Jordan stated he feels the license fee should not be higher than $500.00 for each of the first two machines, reminding the Commissioners that the tavern owners are a part I of the community and are businessmen. He noted most establishments had two Draw 80 poker machines when they were allowed; and they did not seem to create any extensive policing problems. The Commissioners then discussed whether the license fee imposed under the new legislation should apply to all forms of gaming or to the video draw poker machines. Following a discussion, the Commissioners concurred that the new fees should apply to the poker machines and keno machines; and the fee structure for the card tables should remain as is, although the tables are to be included in the aggregate number. 05-13-85 172 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize and direct the staff to prepare an ordinance establishing the license fee for video draw poker machines and keno machines at $500.00 each for the first two machines and $1,000.00 for each additional machine, with no establishment to have more than five aggregate total gaming devices, including video draw poker machines, electronic keno machines and card tables. The following substitute motion was then submitted: It was moved by Commissioner Vant Hull that the Commission authorize and direct the staff to prepare an ordinance establishing the I license fee for video draw poker machines and keno machines at $1,000.00 for each machine, with no establishment to have more than five aggregate total gaming devices, including video draw poker machines, electronic keno machines and card tables. The motion died for the lack of a second. The original motion, as submitted by Commissioner Jordan and seconded by Commissioner Mathre, then carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. Break - 5:10 to 5:25 p.m. Mayor Weaver declared a break from 5:10 p.m. to 5:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request - extension of timetable for completion of Phase I of PUD at 1711 South 11th Avenue to August 30, 1985 - CJR Development, Inc. City Manager Wysocki presented to the Commission a request submitted by Robert C. Jackson, Executive Vice President of CJ R Development, Inc., for an extension of the completion time to August 30, 1985, for Phase I of the Planned Unit Development located at 1711 South Eleventh Avenue. Mr. Bob Jackson stated he is Executive Vice President of CJR Development, Inc., which is the general contractor for the Planned Unit Development, and is a Partner in Bozeman Property, I Ltd., which owns the project. Mr. Jackson stated the contractor has faced substantial weather problems, as well as problems with the lender, and has been unable to complete Phase I of the project by the March 15, 1985 deadline. He indicated that he had believed a time extension was avai lable through the staff, but has found that is not possible. Mr. Jackson then indicated that Phase II of the project should be completed prior to its September 15, 1986, completion deadline. Mr. Jackson then stated that Planning Director Steve Lere has indicated that the deadline for submittal of the final site plans for Phase II is the same as the completion deadline for Phase J. He then requested that a time extension for submittal of the final site plan for Phase II to August 30, 1985, be granted also. Commissioner Anderson noted that Mr. Jackson's letter indicates support for a Special Improvement District for installation of a water line on South 11th Avenue extended from Graf Street. She also asked about the water flow from the current fire hydrants, since the letter indicates that the flow is better than anticipated. Mr. Jackson stated that water flow was a critical issue in consideration of this project. He then indicated the estimates indicated 900 gpm; and the actual flow is up to 1600 gpm from the fire hydrants located within the project. Mr. Jackson then stated that an over-sized water line along South 11th Avenue from Graf Street would create additional needed water pressure; and his company is willing to participate in that portion of the SID for which it is directly responsible. Commissioner Jordan noted that Mr. Jackson's letter indicates they are in the process of procuring a new lender. He then asked if a new one won1t place the same conditions on the I project as the current lender. Mr. Jackson stated a new lender has been selected; and it is now a matter of completing the paperwork. He indicated the loan papers wi II be completed within a few weeks. Planning Director Lere stated submittal of the final site plan for Phase II should be considered separately from the requested time extension for completion of Phase I. He then reminded the Commission that a Letter of Credit is required if the improvements have not been completed prior to occupancy. He stated the apartments have been occupied for several months, 05-13-85 173 but the interior ,landscaping, paving and sidewalk requirements have not been fulfilled; and a Letter of Credit has not been submitted to the City. The Planning Director also indicated there is no provision for extension of the completion time in the Zone Code, although the Commission has granted extensions in cases where the project is underway but not yet completed. Mayor Weaver noted it would be easier to make a decision at this time if a Letter of Credit were on file with the City. I City Manager Wysocki recommended that the plans for Phase II be resubmitted through the entire review process if the financial arrangements are not to be completed for several weeks. He also noted that the resubmittal of plans for Phase II should provide adequate time for the improvements to be properly completed for Phase I. The City Manager then stated that Mr. Jackson's letter refers to the use of ground water for short-term fire protection and stated that the Fire Division has indicated it will not accept the use of ground water. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission table action on the requested completion time extension to August 30, 1985, for Phase I of the Planned Unit Development located at 1711 South Eleventh Avenue until a Letter of Credit has been submitted by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Request - permission to install "Beer Garden" on roof of the Crystal Bar - Doug Sandiland City Manager Wysocki presented to the Commission a memorandum from Building Official Gene Yde indicating that Doug Sandi land , owner of the Crystal Bar at 123 East Main Street, has proposed to install a "Beer Garden" on the roof of his facility. He indicated that a "Beer Garden" is not specifically addressed in the Zone Code; and Section 18.06.050 of the Code provides that such items be submitted to the Commission for determination if it is an appropriate use in the B-3, Central Business, District. The City Manager stated the plans, copies of which were included in the packet, indicate that the facility would be located on the back portion of I the roof, with a 10-foot chain I ink around and a netting over the top. Mr. Doug Sandi land showed the Commissioners an artist's rendition of the facility. He indicated stairs to the roof would be built at the back of the building. He noted a redwood fence will be constructed along the back of the "Beer Garden", with the original Crystal Bar sign built into the wall and visible from both sides. He stated the 1 O-foot chain link fence will provide security for the patrons and it, along with athletic-type green netting across the top, will eliminate throwing of garbage onto adjacent roofs. Mr. Sandiland stated a bartender will be on duty at the facility whenever it is open, which will be during daylight hours when the weather permits. He noted only beer cans and plastic cups will be allowed in the "Beer Garden." Mr. Sandi land then stated he has contacted the neighbors immediately adjacent on both sides, and they have indicated no problems with the proposed use. He then indicated he would like to begin the project as soon as possible, and hopefully have it completed in time for the CNFR activities to be held in June. Doug Sandi land then stated that the roof is 24 feet wide; and the redwood deck will be 20 feet wide. A gate will be located along one side of the enclosure to allow cleaning around the deck; and the gate can also serve an an emergency exit if necessary. He noted Japanese lanterns, with bulbs, and plants and trees will be placed in the "Beer Garden." Commissioner Anderson asked about lighting in the alley area. Mr. Sandiland stated there are two lights in the parking area and another light on each end of the parking area. Commissioner Jordan asked if the "Beer Garden" will close at dusk. Mr. Sandiland indi- I cated the facility will close at 10:00 p.m. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission determine that the proposed "Beer Garden" on the roof of the Crystal Bar at 123 East Main Street and its operation are compatible with the uses permitted in the B-3, Central Business, District. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. 05-13-85 17Jt It was then moved by Commissioner Jordan, seconded by Commissioner Mathre, that the "Beer Garden" is not to be open beyond 10:00 p.m. on any night of operation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Com- missioner Mathre, Commissionei' Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Authorize staff to proceed with purchase of computer replacement equipment and police system I City Manager Wysocki presented to the Commission a memorandum requesting authorization to proceed with the purchase of computer replacement equipment and necessary items to complete the police system. He noted the request basically contains three separate components. The City Manager reminded the Commission that it adopted a Resolution indicating the City's intention to sell the IBM System/34 computer to the City of Belgrade. He noted that includes one terminal, which must be replaced; and a terminal purchased by the Police Division has been utilized in the Data Processing Division to date. He noted the programs for the Police Division are nearly completed; and that terminal must now be transferred to that work area. He indicated the cost of two new terminals is estimated at $2,800.00, which would be paid from the initial revenues from sale of the System/34. The City Manager then stated that monies were set aside in the budget for lease/purchase of a printer for the Police Division so the police officers can use the system for preparation of reports as well as retrieving files and information on tickets. He indicated that there are sufficient monies in the Operations portion of the Police Division to purchase the printer during this fiscal year, thus saving the additional costs involved in a lease/ purchase. He indicated the cost of the printer is estimated at $3,696.00. City Manager Wysocki then stated the City of Belgrade has indicated a desire to purchase the IBM System/34, on a three-year schedule, at a cost of $12,000.00 plus some software. He stated that the City must pay a distributor's fee to allow the City of Belgrade to use the soft- ware. He noted that the City of Belgrade wi II pay the costs, which are $3,375.00. The City Manager then recommended that the Commission approve the three items as listed I above. Mayor Weaver noted the costs are extremely high for the terminals and printer and ques- tioned why. Director of Finance Charles McKinney stated that the two terminals are the same as those which have been purchased for the computer system. He then indicated that the printer must be capable of handling the information from the mainframe, which is the reason for the high cost on that equipment. He stated the printer is a dot matrix which can provide near letter quality print. Mayor Weaver then asked if a stand-alone system with printer has been considered for the Police Division, rather than tying up the mainframe equipment. The Director of Finance stated the terminal in the Police Division will be used for collection of data for criminal investigation and for entering information on alphabetical records. He noted that an expansive retrieval system is necessary for both functions; and a small computer would take too long to complete needed tasks. He then indicated the printer would provide hard copies of reports and other requested items on a timely basis, noting that the large printer in the Finance Department may be tied up for extensive periods of time, particularly during times that payroll, claims, water billing and special assessments are being printed. Director of Finance McKinney then stated the computer programming for the collection of data for criminal investigation is nearly complete; and the program for alphabetical records is underway. He indicated that the programming would not be compatible with a stand-alone computer, which would probably cost $7,000.00 to $8,000.00. Commissioner Jordan indicated he has no problem with approving the purchase of the two computer terminals and the printer as long as the new equipment meets the City's needs, for a I long time in the future. The Director of Finance assured the Commissioner that the new equip- ment will meet the City's needs for an extended period of time. Mayor Weaver asked if the City will face any additional computer hardware costs during Fiscal Year 1986. The City Manager indicated there will be requests for additional computer equipment. The Mayor indicated he wants a thorough analysis of all costs involved in additional computer equipment requests in the future. He also indicated that the possible use of stand- alone systems should be considered as an alternative to expansion of the mainframe system. 05-13-85 175 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the expenditure of approximately $2,800.00 for two replacement terminals for the Data Processing Division, from the IBM System/34 sale proceeds; the expenditure of approximately $3,696.00 for a printer for the Pol ice Division, from this year's Operations budget; and the expenditure of $3,375.00 for a software distributor's fee, reimbursed by the City of Belgrade through the sale of the IBM System/34. The motion carried by the following Aye and I No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Ordinance No. 1178 - Zone Code Amendment - allow child care facilities in specified zones City Manager Wysocki presented Ordinance No. 1178, as prepared by the City Attorney, entitled: ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 18.04 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR DEFINITIONS OF CHILD CARE FACILITIES, AMENDING SECTION 18.52.140 TO INCLUDE CHILD CARE FACILITIES IN INDIVIDUAL ZONING DISTRICTS AS A CONDITIONAL USE AND AMENDING TABLE A OF SECTION 18.62.190 PROVIDING FOR OFF-STREET PARKING AND LOADING REQUIREMENTS FOR CHILD CARE FACILITIES IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that the public hearing was held on April 15, 1985; and at the April 22, 1985 meeting, the Commission voted to approve the Zone Code Amendment. The City Manager indicated this Ordinance completes the Zone Code Amendment process. He then recommended that the Commission provisionally adopt Ordinance No. 1178 and that it be brought back in two weeks for final adoption. City Attorney Crumbaker-Smith stated that Section 2, Subsection B, must be revised to include "preschool" as a conditional use in the RS District. She indicated that was an oversight during preparation of the Ordinance but was a part of the Amendment. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1178, revised to include "preschoOl" as a condi- tional use in the RS District, 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 Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan. Absence of Commissioner Anderson - June 24 and July 1, 1985 Absence of Commissioner Jordan - June 10, 1985 Absence of Commissioner Mathre - June 24, 1985 Discussion - cancellation of June 24, 1985, Commission meeting due to lack of quorum City Manager Wysocki reminded the Commissioners that these absences and possible can- cellation of the June 24, 1985 Commission meeting were briefly discussed at last week's meeting. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion authorize the absence of Commissioner Anderson on June 24 and July 1, 1985; authorize the absence of Commissioner Jordan on June 10, 1985; and authorize the absence of Commissioner Mathre on June 24,1985, in compliance with Section 7-3-4322(2). M.C.A.; and cancel the Com- mission meeting of June 24, 1985 due to lack of a quorum. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Softball Association - various weekend I City Manager Wysocki presented to the Commission applications, along with the required fees, submitted by the Gallatin Valley Softball Association for Temporary Beer Licenses for various weekend tournament dates in May, June, July and August 1985, as follows: May 17, 18 and 19; June 1 and 2; June 8 and 9; June 15 and 16; June 22 and 23; June 29 and 30; July 6 and 7; July 13 and 14; July 20 and 21; July 27 and 28; August 3 and 4; August 9,10, and 11, 1985. The City Manager then recommended that the Commission approve these applications, contingent upon receipt of the State Licenses. 05-13-85 --- ----.---- 17G It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the applications for Temporary Beer Licenses submitted by the Gallatin Valley Softball Association for weekend tournaments to be held on May 17, 18 and 19; June 1 and 2; June 8 and 9; June 15 and 16; June 22 and 23; June 29 and 30; July 6 and 7; July 13 and 14; July 20 and 21; July 27 and 28; August 3 and 4; August 9,10, and 11,1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Com- missioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those I voting No, none. Commission discussion of water concerns City Manager Wysocki stated that Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson requested that discussion be deferred for a period of one week due to the late hour of this meeting. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from Commissioner Mathre concerning a District 10 League of Cities and Towns meeting to be held in Livingston on Tuesday, May 14, at 4: 00 p. m. (2) The City Manager indicated an Urban Coalition meeting was held on Friday, May 10, in Helena, with a legislative recap given. He stated the next meeting of the Urban Coalition, to be held in December or January, will probably include a discussion about the future of the organization. (3) The City Manager noted three of the items listed under the Consent Items include requests for use of public address systems in the park for short periods of time--two for 45 minutes and one for two hours. He then suggested that the Commission may wish those under two hours to be handled administratively if the P.A. system is not to be used for amplified or I live music. The Commission concurred that policy should be considered. (4) Commissioner Mathre gave a brief update on the Clean-up Campaign. She indicated the AFROTC Cadets did not work this past Saturday because of the rain; but four of the Com- missioners cleaned up along Bozeman Creek between East Babcock Street and the alley. She indicated the Commissioners are scheduled to clean around City Hall and the Library next Saturday and asked if any other projects should be considered. The Commissioners concurred they will meet at City Hall at 9:00 a.m. on Saturday to clean at the City Hall and the Library. Commissioner Mathre then indicated that one Girl Scout troop will clean Beall Park on Wednesday; and Campfire will clean Lindley Park on May 21. Commissioner Anderson suggested that a thank you letter signed by all Commissioners be to sent all of those groups and individuals involved in the community clean-up. Mayor Weaver indicated he could draft a letter to the editor to be published in the Chronicle after the Clean-up Campaign has been completed. Commissioner Mathre then asked if the Commission wishes to consider another free dump day to residents, since last Saturday was rainy; and not too many people took advantage of the free dumpi ng privi leges. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the staff to complete preparations for another free dump day for residents on Saturday, May 18, 1985 as a part of the Clean-Up Campaign due to inclement weather last weekend. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and I Mayor Weaver; those voting No, none. (6) The City Manager submitted to the Commission the Housing Committee Report, which was just completed by Housing Consultant Marcia Youngman. He then suggested that the Commis- sion acknowledge receipt of the report and that it be brought back to the agenda for discussion. Commissioners Anderson and Vant Hull indicated the report is comprehensive and will take an extended period of time to review. They also indicated the report should be considered one section at a time rather than in total. 05-13-85 177 I t was then moved by Comm iss ioner Anderson, seconded by Comm iss ioner J orda n, that the Commission acknowledge receipt of the Housing Committee Report submitted by Housing Consultant Marcia Youngman and that it be brought back to the agenda for discussion at the request of Commissioners Anderson and Vant Hull. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. I (7) The City Manager then submitted to the Commission a letter from Arthur Shaw indicating a need for sidewalks in new subdivisions and requesting that the City consider such a pol icy. He then reminded the Commission that the City does have a policy for requiring side- walks in new subdivisions and suggested that should be clarified to Mr. Shaw. Commissioner Vant Hull indicated she feels this item should be placed on the agenda for discussion. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the letter from Mr. Shaw and authorize the City Manager to contact him to clarify the City's policy, with the item to be placed on the agenda for discussion in the future. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. (8) Mayor Weaver stated he has just received a letter from Superintendent of Schools Chambers requesting that the Mayor serve on the committee to conduct an engineering feasibility study for the Willson Auditorium or that one City Commissioner be appointed to serve on the commi ttee . The Mayor indicated he does not feel he is qualified to serve on the committee and suggested that Commissioner Anderson be appointed. Commissioner Vant Hull expressed concern that the City's involvement on the committee may indicate a willingness to provide funding also. Commissioner Jordan stated he feels Commissioner Anderson must maintain her perspective as a City Commissioner when serving on the committee. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Commissioner Anderson to serve on the committee conducting an engineering feasibility study for the Willson Auditorium. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Consent Items Items." of Re 16, 1985, Re 23, 1985, '65 to 28, I Claims Request for permission to use P. A. system - Campfi re - Saturday, May 18, 1985, 10: 00 a. m. to 12: 00 noon Proclamation - "Bozeman Tourism Week 1985" - May 19-25, 1985 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Consent Items as listed above be approved; and 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 Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. 05-13-85 178 Adjournment - 6:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Clerk of the Commission I I 05-13-85