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HomeMy WebLinkAbout1985-05-28 195 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 28, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 28, 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 20, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Jordan requested that the proclamation for "Selective Service Registration Awareness Month" be removed for discussion; and Commissioner Mathre requested that the letter of protest concerning the Beer Garden on the roof of the Crystal Bar from Jim Zimbric, owner of McCracken's, be removed for discussion. Proclamation - "Save the Statue Weekend" - June 8-9, 1985 Mayor Weaver noted that Lincoln LaRoe has requested that the Commission consider this proclamation. He then asked Lincoln to give a brief statement of the purpose for proclaiming June 8-9, 1985, as "Save the Statue Weekend." Lincoln LaRoe noted that the Statue of Liberty has been a symbol of freedom; and indi- cated that several groups have become involved in the rebuilding of that historic structure. He indicated that approval of this proposed proclamation would indicate the City's involvement in this project. Mr. LaRoe then stated he has donation cans which he plans to place at various collection spots; and he, along with other patrols in his Scout Troop, will give collection cans to a pack of Cub Scouts so they can assist in this endeavor. He then stated his Eagle Scout project includes a fund-raising activity for this renovation. I Mayor Weaver then proclaimed the weekend of June 8 and 9, 1985, as "Save the Statue Weekend. " It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's proclamation of June 8-9, 1985, as IISave the Statue Weekend." 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. Decision - Zone Code Amendment - Plannin Staff - amend Sections 18.38.010 and 18.38.020 of the Bozeman Municipal ode by c arifying the intent of the TR istrlct and the permitted uses allowed in said district This was the time and place set for the decision on the Zone Code Amendment requested by the Planning Staff to amend Sections 18.38.010 and 18.38.020 of the Bozeman Municipal Code by clarifying the intent of the TR, Technology Research, District and the permitted uses allowed in said district. City Manager Wysocki concurred in the Zoning Commission's recommendation for approval of the proposed Zone Code Amendment. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Zone Code Amendment requested by the Planning Staff to amend Sections 18.38.010 and 18.38.020 of the Bozeman Municipal Code by clarifying the intent of the TR District and the permitted uses allowed in said district and instruct the staff to bring it back I in Ordinance form as soon as possible. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Decision - Zone Code Amendment - Plannin Staff - amend Sections 18.04 and 18.62 of the y reVising t e parkmg ot landscaping reqUIrements This was the time and place set for the decision on the Zone Code Amendment requested 05-28-85 197 by the Planning Staff to amend Sections 18.04 and 18.62 of the Bozeman Municipal €ode by revising the parking lot landscaping requirements. City Manager Wysocki concurred in the Zoning Commission's recommendation for approval of the proposed Zone Code Amendment. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Zone Code Amendment requested by the Planning Staff to amend Sections I 18.04 and 18.62 of the Bozeman Municipal Code by revising the parking lot landscaping require- ments and instruct the staff to bring it back in Ordinance form as soon as possible. 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. This was the time and place set for the decision on the Conditional Use Permit requested by Willowwood Partners to allow construction of eighty-eight condominium units on Lot G and a portion of Lots H, I and K of Guy's Second Addition and a tract formerly known as the two-acre Lot 2 of Guy's Second Addition. This site is more commonly known as being located at the south end of Dell Place. City Manager Wysocki submitted to the Commission a memorandum dated May 28, 1985, addressing some of the questions raised during last week's public hearing. He noted the memo contains one new recommended condition as well as an addition to a condition recommended by the Zoning Commission. The City Manager then recommended that, if the Commission approves the Conditional Use Permit, it contain all of the conditions recommended by the Zoning Com- mission as well as the additions listed in his memorandum. Commissioner Jordan noted that one of the objectives of the revised Master Plan is to encourage development within the city limits. He then stated that one of his primary concerns I is about the density bonus. He also expressed concern about the impacts on traffic circulation, air quality and the ground water table that this development would have, noting that area of the community is fragile. The Commissioner then questioned whether the City has sufficient staff to enforce the conditions for this Conditional Use Permit if it is approved, since that is the key to a successful development. Commissioner Jordan then noted that Phase VI contains about the number of units that the density bonus provides and suggested that a condition be included that engineering reviews be conducted on the site prior to construction of Phase VI to determine if the development has had an adverse effect on the area, particularly the ground water table; and if so, that completion of the final phase be denied. Commissioner Mathre indicated her main concern is about the water table level and the potential for increased flooding when the site is developed. The Commissioner then indicated she feels this proposed phased project could be more closely monitored than a project which was to be constructed a II at once. She suggested that the water table could be monitored during development of the various stages for any differences which might occur. Mayor Weaver asked if it would be possible to approve the Conditional Use Permit for all six phases with the condition that the City Engineering Officer review and approve studies of the water table and flooding on the subject parcel as well as adjacent parcels prior to issuance of building permits for the final phase or possibly the final three phases. Planning Director Steve Lere stated there is no reason such a condition could not be placed on approval. He also noted that review of the ground water and possibly traffic circu- I lation could be included in the Improvements Agreement. Commissioner Vant Hull asked if the proposed condition would mean that no additional phase could be started until the Engineering Officer has reviewed and approved the ground water studies. City Attorney Crumbaker-Smith stated that approval to begin the next phase would be tied to the Engineering Officer's review; and development of that phase could not begin until approval has been given. Commissioner Anderson stated she has listened to the tapes of last week's public hearing and reviewed the staff report and accompanying information. She stated she has grave concerns 05-28-85 . 198 about the water table and the fact that so I ittle is known about the area. The Commissioner then indicated she would prefer that a topographical map and soils tests be completed prior to Commission action on this request. Planning Director Lere stated that a topographical map must be submitted and approved prior to approval of the final site plan. The Planning Director also noted that other large projects have been considered and approved without the tests being completed, since those tests and maps involve additional costs to the developer, which are unnecessary if the Condi- I tional Use Permit is denied. Commissioner Anderson then expressed concern about the additional traffic this develop- ment could create on East College Street, noting there is a large amount of dust that hangs in that area. The Commissioner then noted that Steve Custer's letter suggests that shallow wells be used to monitor the ground water table and establish base line data. She indicated she feels that establishing the necessary data is important for accurate monitoring of the subject site as well as adjacent sites. Mayor Weaver noted that if shallow wells are installed, the current conditions will be known; and any changes during development of the site wi II be easily detected. He indicated support for the drilling of shallow wells, noting that needed technical information could be provided through them. Planning Director Lere stated that ground water varies on a season-to-season basis; and monitoring must be conducted during each season to establish accurate baseline information. The Planning Director then noted such monitoring is usually required when septic tanks and wells are used, rather than central City services. He also noted that buildings must be con- structed at least two feet above flood levels in an area with known shallow flooding. He then indicated uncertainty about the benefits of monitoring wells. Commissioner Vant Hull expressed concern that the conditions concerning drainage and flooding are becoming top heavy and will be very difficult to enforce. The Commissioner also expressed concern about placing an undue burden on the City1s engineering staff. Director of Public Service Dick Holmes indicated that if the developer hires an engineer I to compile a report, the Engineering Officer will have sufficient time to review the report and make a recommendation on whether to allow the project to proceed. He then questioned the concern about the ground water levels. Commissioner Jordan noted that the conditions do not require sidewalks and asked if a sidewalk along one side of East Alderson Street should be required. Planning Director Lere stated that City design standards for local streets require that curb, gutter and sidewalks be installed along both sides of the street. Commissioner Jordan then asked if the City would face any liability by allowing develop- ment in an R-3 zone in close proximity to an existing fireworks warehouse. City Attorney Crumbaker-Smith stated she is not aware that the City would have any definite liability because of the fireworks warehouse. Commissioner Anderson noted the proposed condition requiring soils tests is written in a discretionary manner and stated she feels it should be mandatory. The Commissioners concurred that it should be mandatory. City Manager Wysocki stated he has proposed an addition to the condition requiring paving of East Alderson Street, as follows: 1I...0r within 18 months after the completion of Phase II. II He noted if the project does not proceed past Phase II, there should be a specific time by which that street should be paved. Commissioner Vant Hull stated she will vote against approval of the Conditional Use Permit because she feels the conditions for checking each phase are complicated. The Commis- sioner noted that the Commission approved a Conditional Use Permit to allow construction of I fifty-nine efficiency units on a portion of the site in March; and noted the western parcel is the one which seems to have the majority of problems. She indicated she is not sure the area wi II support an additional twenty-nine units. Commissioner Jordan noted that he voted against the previous Conditional Use Permit application. He then stated he will vote for this application because the City is able to place several stringent conditions on this phased project. He noted that if the subject parcels are allowed to develop through normal procedures, the City will not be in a position to monitor the 05-28-85 199 effects on the area as thoroughly; and that could be more detrimental to the entire area. The Commissioner then noted if the applicant is unable to provide an adequate drainage plan, the project is dead anyway. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit requested by Willowwood Partners to allow con- struction of eighty-eight condominium units on Lot G and a portion of Lots 1-1, I and K of Guy's I Second Addition, and a tract formerly known as 2-acre Lot 2 of Guy1s Second Addition. subject to the conditions recommended by the Zoning Commission and as amended by the City Manager and the City Commission, as follows: 1. That the final covenants and articles of incorporation be reviewed and approved by the City Planning Office. 2. That, prior to the completion of Phase II, East Alderson Street will be improved to a 20-foot gravel roadway, from South Black Avenue to Dell Place. 3. That, not later than 18 months after the completion of Phase II or prior to Phase III, wh ichever comes fi rst. East Alderson Street wi (I be improved to City standards. Prior to Phase III, the interior road of the development will be improved from East Alderson Street to the paved parking and access road of Phases I, II and III. 4. That the final facility plans be submitted by a registered engineer, and they be reviewed and approved by the City Engineering Officer and State Health Department, prior to final site plan approval. 5. That detailed drainage and grading plans be reviewed and approved by the City Engineering Officer prior to final approval. 6. That the applicant prepare data concerning current ground water levels and flooding on the subject site as well as adjacent sites, to be submitted to the City Engineering Officer for review and approval prior to issuance of the building permit for each succeeding phase. 7. That a soils report be reviewed and approved by the City Engineering I Officer prior to final site plan approval. 8. That municipal utility easements will be provided and indicated on the final site plan. 9. That the submitted proposal comply with Chapter 18.62 of the Bozeman zoning regulations regarding parking requirements, screening and landscaping, prior to final approval. 10. That the final site plan indicate snow removal storage areas, water Ii rrigation system, detai I of exterior lighting fad Iities, and a floor plan/elevation of common facility unit. 11. That the developer enter into an Improvements Agreement with the City of Bozema n . The structures may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman for each phase. 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 times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. 12. 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 signed copy shall be retained by the Building Department, one by the Planning Director, and one by the applicant. 13. That all on-site improvements (i.e., paving, landscaping, etc.) shall be I completed within 18 months of the Conditional Use Permit as shown on the approved final site plant for each phase. 14. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the us~ for each phase. Prior to the permanent renewal of the permit at the end of that period, the appl icant 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. 05-28-85 200 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant Hull. III , City Manager Wysocki noted the Commission received excerpts from Mr. Hawkinsl Timber I Management Plan for the Bozeman Creek Drainage in the packet. He indicated that Mr. Hawkins is present to give a brief synopsis and answer any questions. Mr. Charles Hawkins, "I, Rocky Mountain Forestry, stated he has found 30 million board feet of timber which meets merchantability specifications. He noted that about 20 million board feet would be reasonably available for an economically viable timber sale, involving about 2250 acres of the 4080 acres in the Bozeman Creek watershed. Mr. Hawkins indicated that most of the timber is located on extremely steep ground, which ranges from rocky to wet ground. He noted that the majority of the timber is old and overmature, some of which is highly decadent. Mr. Hawkins indicated that one alternative, among several, is to begin with a timber sale of about 4i million board feet over a five-year period, with smaller sales following at a decelerated level. He noted that concerns other than timber sales must be considered for the site. He indicated that small cutting units dispersed over the area, with selective harvest by agreed-upon terms on creek bottoms and extremely wet areas, could be considered. Mayor Weaver asked if, setting aside the harvest value of the timber, the 4080 acres would be better off at the end of the proposed harvest than if it is left alone, particularly for multiple uses. He also asked if the timber should be harvested to protect the City1s asset. Mr. Hawkins stated that for use as a timber harvesting area or for multiple use, a timber harvest at this time would protect the City's asset. He noted that harvesting will provide income; and if properly done, regeneration can create additional revenues through long-term management. He also noted it will probably enhance wildlife use. I The Mayor then asked if the watershed would be more vulnerable to fire in the future with pine beetle infestation and the decadent timber stands which exist; and Mr. Hawkins indicated it would be. Commissioner Anderson noted that the proposal includes winter logging operations only, with at least one foot of snow on the ground. She then asked if the snow depths in the drainages will create any problems for the logging operations. Mr. Hawkins stated the snow wi II create problems, particularly during a hard winter; and the operation could become difficult and expensive. He noted that one of the reasons for proposing a large initial sale is because the larger logging operations are better prepared to plow snow and work in the winter. Mr. Hawkins then indicated that the five-year period for the sale will allow flexibility on the time of harvesting, which can accommodate fluctuations in the economic market as well as weather problems. Commissioner Vant Hull noted that last winter cross country skiing was not allowed in the Bozeman Creek watershed. She then asked if skiing would be eliminated for an additional five years because of the logging operations. Mr. Hawkins indicated that logging would definitely conflict with cross country skiing. He then stated that logging operations will probably occur in only two of the five possible winters, with possibly a third season being involved in final slash disposal. He noted that would cause a conflict with cross country skiing during only two winters. Commissioner Vant Hull noted there is very little in the report concerning roads. She then asked about the road system and who would be responsible for construction and main- I tenance of those roads. Mr. Hawkins indicated that the purchaser of the timber is generally responsible for, and authorized to, construct whatever roads are necessary for the timber harvest. He noted those roads should be approved by the City prior to construction. The consultant then indicated that the main roads must be permanent and are to be kept open for management purposes. The spur roads are to be strictly temporary, with as little disruption to the area as possible; and are to be closed to traffic after the operation is completed. He then stated that the value of 05-28-85 201 the timber is higher when there are roads providing access to the site. Mr. Hawkins noted that a substantial amount of Forest Service land is located in the watershed; and special use permits must be obtained to use existing roads and to bui Id new roads across Forest Service land. He then indicated he is not an expert in the building of a roadway system for the logging operation. Commissioner Vant Hull expressed concern that an expert will need to be retained to I monitor a timber sale. Mr. Hawkins stated his report indicates a specific cost for handling administrative contract management. He indicated he has general expertise in logging, timber harvesting and road construction operations; and he would depend on expertise in the Forest Service to complement that general knowledge, since the timber harvest must be closely coordinated with that entity. Commissioner Mathre noted that a few years ago, the Commissioners and some of the City staff went into the watershed with the Forest Service. She noted at that time, some of the Forest Service personnel commented on the reforestation of an area which had been clear cut many years ago, with large amounts of slash remaining, as well as the lack of management of the area. Mr. Hawkins stated that the area is generally overstocked. He noted there is a large amount of slash remaining in the area that was previously clear cut; but there is no market for that type of material and it is too deteriorated to be used as firewood. He indicated that attempting to clean up the area at this time would destroy more than would be gained through that process. Mr. Hawkins stated that he did not do a complete growth and mortality study, but he indicated that if the timber is cut on a sustained yield basis, the trees would be dying faster than they were being cut. He also indicated that thinning of existing areas would be expensive; and the City would not be able to recoup those costs through sale of the timber in the future. He noted that the best time to thin an area is when the trees are small and can be easily removed. I Mr. Hawkins indicated that cutting of Christmas trees could also provide a thinning mechanism in the watershed. He noted, however, that Christmas tree cutters are at cross purposes with timber management personnel because both want the best and straightest trees. He also noted that good Christmas trees are few and far between, so the thinning gained is not sufficient to provide a good timber stand. The Commissioners thanked Mr. Hawkins for his presentation. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the Timber Management Plan for Bozeman Creek Drainage submitted by Charles H. Hawkins, III, Rocky Mountain Forestry. 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. B rea k - 5: 1 0 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. Ordinance ortlons of Sections 5.06 and 5.56 of the Bozeman Municipal Code re gami ng or electrOnic draw poker mac ines City Manager Wysocki presented Ordinance No. 1181, as prepared by the City Attorney, entitled: ORDINANCE NO. 1181 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 5.06.050 OF THE BOZEMAN MUNICIPAL CODE AND ADDING SECTIONS 5.06.042,5.06.44,5.06.055,5.56.143 AND 5.56.146 TO THE BOZEMAN MUNICIPAL CODE, REVISING THE FEE STRUCTURE FOR BUSINESS LICENSES ISSUED PURSUANT TO THE "MONTANA CARD GAMES ACT" OR THE "BINGO AND RAFFLES ACT II AND ESTABLISHING THE FEE STRUCTURE FOR LICENSES ISSUED PURSUANT TO THE "VIDEO DRAW POKER MACHINE CONTROL LAW OF 1985." City Manager Wysocki stated this ordinance reflects the intent of the Commission per previous discussion of this item. He then recommended that the Commission provisionally adopt the ordinance at this time. 05-28-85 202 Mr. Steve Ungar stated he has been asked to render an opinion to his client, D & R Music, concerning the proposed ordinance, as discussed at the City Commission meeting held on May 13, 1985. He then briefly reviewed the sections of the State Statute which apply to gaming as follows: Section 23-5-301, M. C.A., entitled "Montana Card Games Act; II Section 23-5-401, M.C.A., entitled "Bingo and Raffles Law;" and HB 236, entitled "Video Draw Poker Machine Control Law of 1985. II Mr. Ungar noted under the first two laws, local regulatory powers are provided; and under the House Bill, state regulatory powers are provided. He then indicated I the apparent limitations in the statute under the various acts are five tables, two keno machines and five video draw poker machines. Mr. Ungar then stated that under the laws, a municipality may establish aggregate limitations; however, the proposed ordinance would destroy an establish- ment's ability to install the maximum number of video draw poker machines and have any other form of gaming as well. He stated he does not feel a municipality has the power to include gaming tables and keno machines within the state limitation on the video draw poker machines. Mr. Ungar then stated that the video draw poker machines are very strictly regulated through the State of Montana Department of Revenue, which is the reason many of the police powers have been moved from local government to the state level. Commissioner Anderson asked about the probability of the keno machines being replaced with video draw poker machines. Randy Leep, D & R Music, stated some of the keno machines will be removed, but he estimates 22 machines will remain in place. Tom Young indicated that he manages two gaming tables at the Cat's Paw. He expressed concern about the aggregate limitation of five gaming tables or devices. He indicated that he currently employs six people; and if the number of devices is so strictly limited, some of those employees will lose their jobs. Mr. Young stated he has been in the gaming business since it started in Bozeman, noting he was involved in the Arcade in the downtown area initially. He indicated he is not aware of any complaints against card tables or machines since they have been allowed. Commissioner Mathre questioned the number of gaming tables at the Cat's Paw. I Mr. Young indicated they have only two tables. He also noted the Cat1s Paw is probably the only establishment in town with more than one machine. He indicated that the gambling business regulates itself. Mr. Young also noted that they pay gaming license fees on all devices and operate as any other business in the community. Commissioner Vant Hull asked Mr. Young if he was aware of a note in which a woman Indicated one of the reasons she was committing suicide was because of gambling debts. Mr. Young indicated he was aware of the incident, but stated other factors were involved as well. Mr. John Hooper, owner of the Hide-A-Way, along with Ralph Ferraro, Rocking R Bar, and Randy Leep, gave the Commission a brief synopsis of the license fees other local govern- ments in the state are establishing, as follows: Laurel - an additional $50.00 per location; Lewistown - no fee; Livingston - $200.00 per machine; West Yellowstone - no fee; and Three Forks - $250.00 per machine. City Attorney Crumbaker-Smith suggested that the Commission provisionally adopt the ordinance and set a public hearing date on this item. Mayor Weaver noted there is no statutory requirement for a public hearing on this item; however, the Commission is aware that many people wish to submit their testimony on the matter. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1181, authorizing the use of and establishing a fee schedule for video draw poker machines, changing the fee schedule for keno machines and establishing an overall aggregate limitation on the number of games, gaming tables or devices, I and set a public hearing for June 3, 1985. 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. Annexation - 243.3811- northwest corner 0 City Manager Wysocki presented to the Commission an Annexation Agreement between the 05-28-85 203 City and Roger H. and Rosalind I. Smith for the Smith Annexation, which is a 243. 3811-acre tract located at the northwest corner of the intersection of Durston Road and North Nineteenth Avenue extended. The City Manager then recommended that the Commission authorize him to sign the agreement so that the annexation request, and the Zone Map Change and Preliminary Plat for a portion of the site can be acted upon in the near future. Commissioner Vant Hull noted she has learned three things since the review of the I Preliminary Plat which was conducted at last week1s meeting. She indicated that one of the engineers at Sanderson/Stewart/Gaston Engineering, Inc., indicated that if the the intersection at Durston Road and North Seventh Avenue must be improved in the very near future, Mr. Smith has agreed to pay his fair share of the costs up front. She also stated that the engineers have indicated it might be possible to stripe three lanes on the existing pavement of Durston Road going eastbound at North Seventh Avenue. The Commissioner also stated that she contacted the School District and found that the bus does pick up children along the north side of Durston as well as the south side, which eliminates the necessity for children to cross the busy street, although they may still do so. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the City Manager to sign the Annexation Agreement for the Smith Annexation, consisting of a 243. 3811-acre tract located in the south one-hal f, northeast one-quarter and southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. 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. Clarification of bid award for bond sale for SID No. 647 - Highland Boulevard - Dain Bosworth, Inc. - City Manager Wysocki presented to the Commission a memorandum from City Attorney Crumbaker-Smith indicating the need for clarification of the bid award for the bond sale for I Special Improvement District No. 647, which provides funding for the construction of the re- aligned Highland Boulevard. The City Manager noted that attached to the memo is a revised offer to pu rchase the bonds from Dain Bosworth, I nc., Denver, Colorado, to whom the bond sale was originally awarded. City Attorney Crumbaker-Smith stated the initial bond sale document stated that a specified amount of the bond sale would be paid on or before a certain date. She noted the State Statute for SID's does allow that type of commitment, but stipulates that a City may call only as many bonds as it has monies on hand in the bond fund to redeem. The City Attorney then stated that the City has a letter from the Bozeman Deaconess Hospital indicating its commitment to pay its share of the costs to the City by a certain date. She also reminded the Commission that they have already authorized a loan from the Cemetery Perpetual Care Fund to cover the City's portion of the SI D costs. City Attorney Crumbaker-Smith stated it is still anticipated that the bulk of the bonds will be paid off in the first year; but the bond sale award must be based on the standard twenty-year schedule. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the City Manager to sign the revised offer to purchase the bonds for Special Improvement District No. 647 submitted by Dain Bosworth, Inc., Denver, Colorado, as the one reflecting the bid terms the Commission has accepted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Jordan and Mayor Weaver; those voting No, none. I 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 05-28-85 20'-t 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 noted that the Commission had conducted the public hearing on this Zone Code Amendment and had provisionally adopted this ordinance on May 13, 1985. He then recommended that the Commission finally adopt the ordinance at this time. Mayor Weaver asked Assistant Planner Elkins to give a brief highlight of the changes I included in this Zone Code Amendment. Assistant Planner Marcia Elkins stated the main purpose of this amendment is to provide clear definitions of various child care facilities and provide more consistency in the language of the section. She noted the only zones added to the list of districts in which those facilities are allowed include R-Q, M-1 and AS. Mrs. Donna Murdock, 1119 South Willson Avenue, expressed concern for the preservation of the historic district along South Willson Avenue. She noted that a nursery school which was denied by the Commission nearly one year ago has been started anyway; that a nursery school is contemplated at 320 South Willson Avenue also; and she does not feel the Bed and Breakfast Inn should have been allowed on the other end of the district. Mrs. Murdock stated she feels that interest should be focused on building of the community rather than tearing it down. She then indicated that she feels areas such as theirs should be closely guarded against such uses. Commissioner Jordan indicated he wi II vote against this amendment once again. He stated there should be some residential zones within the city where those- who make an investment are assured that Conditional Use Permits will not be requested and approved for items such as child care facilities. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission finally adopt Ordinance No. 1178, amending the Zone Code to allow child care facili- ties in specified zones. 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. I Application for Temporar Beer License - Bozeman Ropin Club - June 2, 1985 - Gallatin County airgrounds City Manager Wysocki presented to the Commission an application, along with the requi red fee, submitted by the Bozeman Roping Club, for a Temporary Beer License on June 2, 1985, at the Gallatin County Fairgrounds. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the application submitted by the Bozeman Roping Club for a Temporary Beer License on June 2, 1985, at the Gallatin County Fairgrounds, contingent upon receipt of the State License. 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. Discussion - revision of goals and policies for upcoming year City Manager Wysocki noted that the Commissioners had requested this discussion be placed on this week1s agenda. He then requested that this be deferred for a period of one week due to the length of this meeting. Commission discussion of water concerns City Manager Wysocki noted that Commissioner Anderson requested this item be placed on the agenda. He reminded the Commission that this discussion has been deferred during the I past two meetings. Commissioner Anderson requested that this discussion be deferred for one week due to the late hour. Proclamation - "Selective Service Registration Awareness Month" - June 1985 City Manager Wysocki noted that Commissioner Jordan had requested that this item be removed from the Consent Items. 05-28-85 205 Commissioner Jordan noted he had removed the proclamation from the Consent Items as a matter of principle. He questioned why the Commission is requested to adopt this type of proclamation, which is actually a federal government function and has nothing to do with local government. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor1s proclamation of June 1895 as IISelective Service Registration Awareness Month.1I The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner Jordan. Acknowledge receipt of letter of protest re Beer Garden on roof of the Crystal Bar - Jim Zimbric, McCracken's City Manager Wysocki noted that Commissioner Mathre had requested that this item be removed from the Consent Items. Commissioner Mathre stated her only purpose in removing this item from the Consent Items was the presence of Jim Zimbric at this meeting and her concern that he be informed about what happened. She indicated that when he first discussed this matter with her, he reacted from what information he had available and did not understand the processes of the City. She stated she feels that he now understands what happened on the subject request. Mayor Weaver noted it is his impression that Mr. Zimbric feels the process exercised by the City was logical and proper, although he may not agree with the outcome. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the letter of protest received from Jim Zimbric, McCracken's, regarding the Beer Garden on the roof of the Crystal Bar. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. I Discussion - FYI items City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. (1) The City Manager submitted to the Commission a copy of an excerpt from the Memorandum of Understanding which formed the Technical Advisory Committee. Mayor Weaver asked who has the authority to appoint a new member to the position which was previously occupied by Richard McConnen. City Attorney Crumbaker-Smith stated that Mr. McConnen was the citizen member from the City; and the Commission has the power to appoint to that position. The Commission then reviewed possible methods of appointment and determined that the Clerk of the Commission should advertise the opening in the usual manner, with the applications being submitted to the T AC for review and a recommendation to the Commission. Commissioner Anderson noted that the Memorandum of Understanding also provides for appointment of a Citizen Advisory Committee and suggested the Commission may wish to consider appointing such a committee. Mayor Weaver requested that this Item be placed on next week's agenda for discussion. (2) The City Manager submitted to the Commission a memorandum from the Clerk of the Commission listing vacancies on boards and commissions which will occur as of June 30, 1985, along with a request for authorization to publish an advertisement and asking if the process used for appointment to the Library Board of Trustees should be the same as the process used last year. I The Commission concurred in authorizing the Clerk of the Commission to publish the advertisement for vacancies on the various boards and commissions, including the T AC. The Commissioners also indicated they wish to use the same method for appointment to the Library Board of Trustees as was used last year. (3) The City Manager submitted to the Commission the summary report prepared by Terry Novak, City Manager of Spokane, Washington, concerning transportation of hazardous materials along 1-90. 05-28-85 205 Commissioner Vant Hull stated she feels the County Commission should be sent a copy of the report also; and possibly a joint discussion should be set up between the City Commission and the County Commission. The Commissioners concurred that any joint discussion is premature; but the County Commission should have a copy of the report for their review. Mayor Weaver requested that this item be placed on next week's agenda for discussion. Consent Items I - - 9:30 a.m., ile Claims It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the consents 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 Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Adjournment - 6:30 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 I 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 ATTEST: Clerk of the Commission I 05-28-85