Loading...
HomeMy WebLinkAbout1985-06-03 20l MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 3# 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 3, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sull ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of May 28, 1985, were approved as amended. None of the Commissioners requested that any of the consent items be removed for discussion. Commission Resolution No. 2557 - annexation of the Smith Annexation - 243. 3811-acre tract located at the intersection of Durston Road and North 19th Avenue extended City Manager Wysocki presented Commission Resolution No. 2557, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2557 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO I NCLlJDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE SMITH PARCEL, HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that the public hearing on the intention to annex the subject parcel was held on February 19, 1985; and the Commission indicated its inten- tion to proceed with the annexation at the February 25, 1985 meeting. He noted the Commission I authorized the City Manager to sign the Annexation Agreement for the subject parcel at last week's meeting; and the City Attorney has prepared the Resolution of Annexation for consideration at this week1s meeting. He then recommended that the Commission adopt Commission Resolution No. 2557. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2557, extending the boundaries of the City of Bozeman so as to include a tract of land known as the Smith Parcel, a 243. 3811-acre tract located in the south one-half of the northeast one-quarter and the 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. o. This was the time and place set for the decision on the Zone Map Change requested by Don White for Rosalind I. and Roger H. Smith to change portions of Certificate of Survey No. 1240 from the present zoning of AR, Agricultural Residential, on 36.6005 acres, as follows: R-O, Residential Office District, 2.5374 acres; R-4, Residential--Medium-Density--Apartments District, 12.2775 acres; and R-MH, Residential--Mobi Ie Homes District, 21.7856 acres. The property in question is located in the southeast quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. The property is more generally described as located north of I Durston Road, and west of the northern extension of North Nineteenth Avenue; and is more commonly known as Annie Subdivision, Phase I. City Manager Wysocki noted that the Commission conducted the public hearing on this requested Zone Map Change at its meeting held on May 6, 1985. He then concurred in the Zoning Commission recommendation for approval of the requested changes. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Zone Map Change requested by Don White for Rosalind I. and Roger H. Smith for portions of Certificate of Survey No. 1240 from AR to R-O on 2.5374 acres; AR to R-4 06-03-85 208 on 12.2775 acres; and AR to R-MH on 21.7856 acres. 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. n - Annexation Agreement for the 1. 404-acre tract requested b City Manager Wysocki presented to the Commission the Annexation Agreement, as prepared I by the City Attorney, for the 1. 404-acre tract requested by the Valley View Golf Club. The City Manager then recommended that he be authorized to sign this Agreement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the City Manager to sign the Annexation Agreement for the 1. 404-acre tract requested by the Valley View Golf Club. 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, none. Commissioner Jordan abstained. Commission Resolution No. 2558 - annexation of a 1.404-acre tract as requested by the Valle View olf Club City Manager Wysocki presented Commission Resolution No. 2558, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2558 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE VALLEY VIEW GOLF CLUB PARCEL, HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that the public hearing on the intention to annex the subject parcel was held on January 7, 1985; and the Commission indicated its intention to proceed with the annexation at the January 14, 1985 meeting. He noted the Commission authorized the City Manager to sign the Annexation Agreement for the subject parcel in the I previous agenda item; and the City Attorney has prepared the Resolution of Annexation for consideration at this time. He then recommended that the Commission adopt Commission Resolution No. 2558. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2558, extending the boundaries of the City of Bozeman so as to include a tract of land referred to as the Valley View Golf Club Parcel, a 1.404-acre tract located in COS No. 803A, which is located in the northwest one-quarter of Section 19, Township 2 South, Range 6 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 and Mayor Weaver; those voting No, none. Commissioner Jordan abstained. Request - authorization to conduct a concession in Soroptimist Park durin CNFR Parade activItIes - une 19, 3:00 to 6:00 p.m. - ohn ozeman s Istro City Manager Wysocki presented to the Commission a request from John Bozeman's Bistro to conduct a concession in Soroptimist Park during the College National Finals Rodeo Parade activities from 3:00 p.m. to 6:00 p.m., on Wednesday, June 19,1985. The City Manager reminded the Commission that a written policy has not been developed concerning the use of City parks. City Manager Wysocki then reminded the Commission that it has approved closure of Main Street from Grand Avenue to Rouse Avenue from 1 :30 p.m. to 6:00 p.m. on Wednesday, June 19, 1985 for the CNFR parade and activities after the parade to honor the National Intercollegiate I Rodeo Association participants and guests who are in Bozeman for the College National Finals Rodeo. The City Manager noted one of the festivities discussed was a barbecue and questioned if this was the barbecue to which Mr. Spillane referred. City Manager Wysocki noted that during the presentation, Mr. Spillane spoke on behalf of the Convention and Tourism Bureau at the Chamber of Commerce, indicating the hope that this will become an annual event. He then suggested that if that is to happen, the festivities should be held in some location other than Main Street in future years. 06-03-85 209 Commissioner Anderson noted that the proceeds from IIA Taste of Bozeman" are donated to a not-for-profit organization, and indicated she feels that any proceeds from this activity should also be donated in the same manner. Mr. Pius Ruby, half owner of the John Bozeman1s Bistro, indicated an option would be to donate all proceeds to a not-for-profit organization. He stated that he and his partner had intended to charge only enough money for the barbecue to cover the costs of the food and the I kitchen time, and donate their labor as a contribution to the project. He also indicated they intend to make this a quality luncheon barbecue. Mr. Ruby then questioned what would be considered the proceeds. Mayor Weaver indicated the proceeds would be considered the difference between the amount of revenues realized and the amount of expenditures incurred for the festivities, if any; and the Commission concurred in that definition. The Mayor then noted that the Chamber of Commerce, CN FR and Downtown Bozeman Association are sponsoring this event. He stated none of those entities have indicated endorsement of this proposal and asked if they have considered the request. Mr. Ruby stated that Ms. Barb Halvorson, Secretary at the Rocky Mountain Pasta Company, is in charge of the "Round-up" activities. He indicated she has written a letter for the Downtown Bozeman Association to all Main Street merchants soliciting participation in these activities. He noted that Ms. Halvorson has indicated that the "Round-upll will incur costs and suggested that any proceeds could be donated to help cover those costs. Mayor Weaver then asked Mr. Ruby why he has requested use of the Soroptimist Park rather than using the Main Street area in front of his store, since the street will be closed anyway. Mr. Ruby stated it was his original intention to use Main Street. However, he feels that use of the Soroptimist Park will draw attention to the park and the mural, which depict the historical data of Bozeman. Commissioner Anderson indicated she feels a central organizing committee should review I and approve each requested activity to be held in conjunction with the CNFR parade and festivi- ties. Commissioner Jordan expressed concern about the Commission acting on each of the park requests separately without an established policy. He indicated he feels it is wrong for the Commission to determine who will and who will not be allowed to use the parks. He also noted that the City has already approved the closure of Main Street; and he feels the activities should be confined to that area. The Commissioner also expressed concern that approval of this request will open up the parks to this type of use, which he feels is inappropriate. Commissioner Vant Hull suggested that if this request is approved, the City Manager should be given authorization to approve requests for use of the park from other not-for-profit groups which receive backing from the organizers of the festivities. City Manager Wysocki suggested the Commission could consider approval of this request at this time, since the date for the activities is getting close. He suggested that a policy be established in the near future so that requests for use of the parks can be considered in a more uniform manner. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the concession requested by John Bozeman1s Bistro in Soroptimist Park on Wednesday, June 19, 1985, from 3:00 to 6:00 p.m. in conjunction with the community-wide CNFR parade activities, contingent upon the following: (1) that the proceeds, if any, be donated to a not-for-profit organization; (2) that the City be given assurances, verbal or written, that the organizers of the CNFR celebration has specifically approved this activity as part of the overall I activities; and (3) that other organizations which the CNFR celebration organizers find acceptable may conduct activities in the Soroptimist Park during these festivities with approval of the City Manager. 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. 06-03-85 210 Re uest - 5:00 p.m. - City Manager Wysocki presented to the Commission a request from the Bozeman Association of Lamaze Instructors to conduct a garage sale in Bogert Park Pavillion from 7:00 a.m. to 5:00 p. m. on Saturday, September 14, 1985. The City Manager reminded the Commission that last fall it approved a similar request only because of discrepancies in the way it was presented to the Commission and the short amount of time to find another location for the activity. I Commissioner Anderson noted the request is not in conjunction with a community-wide event. She indicated she does not feel this is an appropriate use of the park; and noted they have ample time to find another location for the garage sale. The other Commissioners concurred that they do not feel this is an appropriate use of the park. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission deny the request from Bozeman Association of Lamaze Instructors to conduct a garage sale in the Bogert Park Pavillion on Saturday, September 14, 1985, from 7:00 a.m. to 5:00 p.m. 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. Resolution No. 2503, establishin the Ener City Manager Wysocki presented to the Commission a memorandum from Beverly Knapp, Chairperson of the Library Board of Trustees, requesting authorization to use the amount remain- ing in the Cas and Electric line item of the Operations budget for the purchase of books. The City Manager noted that attached to that memo is a copy of Commission Resolution No. 2503, adopted June 4, 1984, which establishes an Energy Conservation Capital Improvement Project Fund and sets aside the unexpended monies in the Cas and Electric line item for that fund. Mrs. Beverly Knapp gave the Commission a brief update on the history of the budgeting process for the Library. She noted that the Library has been required to remain within a I certain guideline on its budget, along with all other City departments. She noted that the move from the old library building to the new building resulted in a substantial increase in energy costs. She indicated the overall budget was not increased by that increase in energy costs, but the amount for purchase of books was reduced to accommodate a portion of the costs. Mrs. Knapp also noted that now the amount to be budgeted for Cas and Electric is submitted to the various departments and is not to be changed. The Chairperson also indicated another change in budgeting has been to relocate the amount budgeted for purchase of books from Capital items to the Other line item under Operations. She noted that an unwritten agreement was established that any unexpended energy funds could be utilized for the purchase of books to help cover the decreased amount budgeted; and that expenditure could easily be accommodated because both line items involved fall under the Operations budget. She noted the Library Board of Trustees has anticipated using those monies per the unwritten agreement. Mrs. Knapp then indicated this memo is informational only and requires no Commission action. She also noted that the Library Board of Trustees was not aware that Commission Resolution No. 2503 existed. Mayor Weaver noted that use of unexpended Gas and Electric line item monies to supple- ment the budget for purchasing books is bad budgeting, and stated disapproval of that process. City Manager Wysocki noted the staff had discussed extensively the appropriate place to budget for the purchase of books for the Library. He noted that the Capital line item in the Operations budget is usually reserved for purchase of items between $250.00 and $1,000.00; and I the staff felt that the majority of book purchases are under $250.00. Also, the books are an important part of the Library operations. The City Manager then stated that until this fiscal year, the unexpended monies in the Gas and Electric line item could be moved to another line item; but to do so now would be in direct violation of Commission Resolution No. 2503. He also indicated he has impressed upon the department heads that, although some line items may be slightly more or less than budgeted, it is important to expend monies from the appropriate line item. 06-03-85 211 City Manager Wysocki then stated that Assistant City Manager Barrick has begun preparing a list of items to be completed through the Energy Conservation CIP. He noted the budgeted amounts for the Gas and Electric line item in all budget units are prepared by one individual; and those numbers are based on a worst case scenario, which is the winter of 1978-79, so there are adequate monies to pay the power bills during an extreme winter. The City Manager then noted that Assistant City Manager Barrick has completed a tabula- I tion of energy consumption at the new Library for Fiscal Years 1983, 1984 and 1985, estimating the consumptions for the final two months of this fiscal year. He submitted a copy of that tabulation to the Commission, noting that the energy consumption has risen during the past two fiscal years. He also indicated that the anticipated unused amount in that line item is much . lower than the amount anticipated in the memo. The City Manager then noted several variables enter into the amount of energy used, including differences in the weather, number of hours the facility is open, and the number of hours worked after the facility is closed. City Manager Wysocki reminded the Commission that the Library Board of Trustees is an administrative board; and once the monies are appropriated, they can dictate how those monies are spent, within the law and within reason. Commissioner Mathre asked how the overall balance of the Operations budget appears at the end of Apri I. Beverly Knapp stated some of the line items have a slight over-run; but the overall balance is close to what it should be at the end of April. Commissioner Mathre then noted that a substantial rate increase in gas and electricity was anticipated during this fiscal year; but the Public Service Commission granted only a portion of the request submitted by Montana Power Company. Mrs. Knapp noted that the Library Board of Trustees was not aware that Commission Resolution No. 2503 had been adopted. She then indicated the reason for this request is to increase the book budget to what it should be over a period of time, rather than all at once. City Manager Wysocki stated the real request before the Commission is to be excepted I from the provisions of the Resolution. Mayor Weaver stated that moving monies between line items within the Operations budget is a management determination. He noted that if a new appropriation is being requested, the Commission would be required to consider the request. Commissioner Vant Hull noted that she served on the Library Building Committee; and every possible measure was taken to assure the structure was energy efficient. She stated she does not feel that facility will need any energy conservation measures for several years; and she does not feel it should be penalized by putting the unexpended monies in the Energy Conservation CIP Fund for other use in other buildings. She noted support for approving an exception to the Resolution. Commissioner Jordan noted it is difficult to argue the building is new and energy efficient when the electricity consumption has increased 11 percent during this fiscal year and the natural gas consumption has increased 24 percent during the same period. Mayor Weaver stated he feels the book budget should be dealt with on its own merits, rather than using the back door approach of spending unused monies budgeted for energy to supplement actual budgeted amounts for additional purchases. The Mayor indicated he would prefer to leave this year's budget as is and add a $2,000.00 or $3,000.00 supplement in next year1s budget. He also stated he feels there is no reason to exempt the Library from the energy conservation Resolution. Commissioner Anderson stated she feels each line item should be budgeted for itself, rather than spending unused monies in one line item in another line item. I Mrs. Knapp indicated the Library received authorization from the Commission to spend $5,000.00 from the Library Trust Fund for the purchase of books; and those monies have been spent. She noted the Library Board of Trustees prefers to use the monies in the Trust Fund for purchase of major capital items rather than for books. Commissioner Jordan asked Mrs. Knapp how many years the unused monies have been taken from the Gas and Electric line item rather than being used for the purchase of books. Mrs. Knapp indicated that has happened only this year. 06-03-85 -------- 212 It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the memorandum from Beverly Knapp, Chairperson of the Library Board of Trustees, with a view toward considering an additional $2,000.00 appropriation for purchase of books during the upcoming budget sessions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Weaver; those voting No, none. Mrs. Knapp noted that when the Library Building Fund was closed out, a few thousand I dollars remained; and those monies were used for items such as warm windows on the north and the west, rehanging of the curtains to save energy and a cover over the skylight in the stair- well. It was moved by Commissioner Vant Hull that the last line in Section 3 of Commission Resolution No. 2503 be revised to read, "The City Commission shall then, by minute entry, authorize transfer of those funds, except the Library's share, to the Energy Conservation Capital Improvement Projects Fund." The motion fai led for the lack of a second. B rea k - 5: 25 to 5: 35 p. m . Mayor Weaver declared a break from 5:25 to 5:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1179 - amend Sections 10.04.202 and 10.08.270 of the Bozeman Municipal Code re careless driving City Manager Wysocki presented Ordinance No. 1179, as prepared by the City Attorney, entitled: ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 10.04.202 AND 10.08.270 OF THE BOZEMAN MUNICIPAL CODE, TO PROHIBIT CARELESS DRIVING ON THE WAYS OF THE CITY OPEN TO THE PUBLIC. City Manager Wysocki reminded the Commission that this ordinance was provisionally I adopted on May 20, 1985. He also noted this Ordinance will enable police officers to write careless driving tickets in parking lots and other private property which is commonly used for public travel. The City Manager then recommended that the Commission finally adopt Ordinance No. 1179 at this time. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1179, amending Sections 10.04.202 and 10.08.270 of the Bozeman Municipal Code regarding careless driving. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Weaver; those voting No, none. City Manager Wysocki noted these two items were placed on the agenda from last week1s FYI items at the Commission's request. He then requested that the Commission table these discussions for a period of one week. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission table action on these two items for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, I Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Gallatin Lodge #6, AF & AM, stating opposition to the beer garden at the Crystal Bar. (2) A memo from Engineering Officer Mann indicating the cost of striping a crosswalk on 06-03-85 ---------------..- 213 Durston Road at North Seventeenth Avenue, per Commissioner Vant Hull1s request. (3) A draft Letter to the Editor thanking those involved in the Spring Clean-up Campaign, as prepared by Commissioner Mathre. The Commissioner submitted various changes to the draft letter. (4) The City Manager stated that the Legislature recently approved a loan for construc- tion of a pipeline and cover over the Lyman Creek water supply. He stated he feels it is I premature for the City to accept the loan, since the Public Service Commission has not yet considered the requested water rate increases. The City Manager also noted the City Attorney1s review indicated that the City may apply for monies next year, since the Legislature1s authorization was for the biennium. Commissioner Mathre noted other communities in Montana are facing problems with giardia; and one of the ways to counteract the problem is through additional chlorination. The Mayor noted that additional chlorination was considered when giardia cysts were previously found in Bozeman's water supply; but it was determined there was not sufficient contact time. He questioned if that answer would be the same for the Lyman Creek water supply. City Manager Wysocki then noted that, based on specific interest rates, the staff has determined that if the DNRC loan monies are not utilized, covering of the Lyman Creek water supply will probably cost the City an additional $75,000.00. (5) Commissioner Vant Hull noted that the newspaper recently indicated that the bill recently passed by the Legislature to increase the motor vehicle registration fees contains an error, which will result in decreased revenues for school districts, counties and cities. She suggested that the Commission authorize and direct the Clerk of the Commission to send a letter to each of the local legislators encouraging them to approve a one-day special session to correct the errors in the bi II. City Manager Wysocki stated that Alec Hansen, Executive Di rector for the Montana League of Cities and Towns, indicated that the error will result in about $4,000.00 in decreased revenues for the City of Bozeman. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Clerk of the Commission to send a letter to all local legislators encouraging them to approve a one-day special session to correct the errors in the bi II establishing motor vehicle registration fees. 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. (6) Commissioner Vant Hull noted that she received an anonymous telephone call about 11: 00 p.m. on Friday evening complaining about the loud music at The Sundance Saloon. Assistant City Manager Barrick stated if those individuals call the Police Division, the City will have a more accurate record of the complaints lodged and asked the Commissioners to encourage the complainants to contact the police. (7) Commissioner Vant Hull noted a recent article in the newspaper indicated that Missoula has drafted an ordinance to prohibit activities such as bear wrestling, which was recently discussed here. The Commissioner suggested that the City staff pursue this possi- bility. City Attorney Crumbaker-Smith indicated she has drafted a letter to the City Attorney in Missoula requesting a copy of the proposed ordinance. (8) Commissioner Anderson noted that the Public Service Commission is conducting a satellite hearing on Montana Power Company's requested rate increases this evening in Bozeman. She asked if any of the City staff will be present at that hearing. The Commissioner also suggested that the Commissioners submit written testimony on the requested rate increases. I Commission discussion of water concerns City Manager Wysocki noted that Commissioner Anderson had requested this item be placed on the agenda several weeks ago; and it has been deferred each week. Commissioner Anderson noted this year threatens to be a dry year and suggested that the Commission request that the staff submit reports on water availability and water drawdowns. The Commissioner also suggested that the community be alerted to the possibility of every- 06-03-85 211t other-day irrigation policies during the summer and fall, if the availability of water becomes questionable. Mayor Weaver noted the staff could monitor the water availability and report any concerns about the water supply to the Commission. City Manager Wysocki noted the City must be careful not to create concern in the commu- nity, which could result in more water consumption than normal, leading to problems which would not have otherwise existed. Consent Items I City Manager Wysocki presented to the Commission the following IIConsent Items." Request - waiver of the open container ordinance - Friday, June 7, 1985, 5:00 p.m. to 10:00 p.m. - Bogert Park Pavillion - Plant and Soil Science Club Re uest - waiver of the open container ordinance - Saturda , 10: 00 a. m. to 2: 00 o ert ark Pavi lion - n epartment It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the consent items as listed above. 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. Recess - 5:55 p.m. Mayor Weaver decla red a recess at 5: 55 p. m ., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m., for the purpose of conducting the scheduled public hearings. construction of an I 406-8, Westrid e Meadows This was the time and place set for the public hearing on the Conditional Use Permit requested by Donald K. Weaver to allow construction of an eight-unit residential Planned Unit Development on Lot 5, a portion of Parcel 2-A, Certificate of Survey No. 406-8, Westridge Meadows No.3. This site is more commonly known as being located in the 1900 block of Fairway Drive. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the subject parcel is located just south of Kagy Boulevard, along the west side of Fairway Drive, and is bounded on the south by Westridge Meadows No.1. He stated the requested Conditional Use Permit would provide for the construction of eight single-family condominium units in a Planned Unit Development as an extension of, but not a part of, the Westridge Meadows PUD, for which the Master Plan was approved in 1982. The Assistant Planner stated a CUP is required for the project because the applicant is seeking a density bonus of 33 1/3 percent. Assistant Planner Skelton stated the only pedestrian walkway through the project is along Sourdough Trail, noting that sidewalks have not been required for any of the Westridge Meadows PUD. He indicated that a flood plain permit will be required prior to construction of this project, since a major portion of the area on which it is to be built is located within the 100-year flood plain. The Assistant Planner then stated that the Zoning Commission reviewed the proposed Conditional Use Permit and recommended approval, subject to eight conditions, I which he briefly reviewed. Commissioner Vant Hull suggested that Sourdough Trail have attractive signs drawing attention to it. The Commissioner also noted that in the winter, cross country skiiers like to use the trail whenever possible. Mr. Robert Lee, 2101 Fairway Drive, indicated he is representing Mr. Don Weaver. He stated they have no problems with the conditions recommended by the Planning Staff and the Zoning Commission. Mr. Lee then noted that Sourdough Trail crosses Fairway Drive near the 06-03-85 215 office complex, so the majority of it is along the residential side of the street. He noted that prior to construction of the Westridge Meadows PUD, the trail was used quite extensively. However, it has been torn up during construction. He concurred in Commissioner Vant Hull's suggestion for signing to bring attention to the trail. He also indicated that a hard surface should be considered in the future when more people are using the area and the mix between vehicles and pedestrians along Fairway Drive becomes a safety problem. I Commissioner Mathre asked if the Sourdough Trail would be considered Cl sidewalk, to which the City's snow removal policy would apply. City Manager Wysocki noted if the trail is to be used in the winter by cross country skiiers, the snow should not be removed. The City Manager also noted that Sourdough Trail cannot be considered a sidewalk, since it does not meet those standards. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. ots 22 and This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Gary Fickle to allow the construction of Commercial--Light Industrial-- Condominiums on Lots 25A and 25D, Amended Plat of Lots 22 and 25 of the Gordon Mandeville State School Section Subdivision. This site is more commonly known as 2109 Lea Avenue. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject parcel is located in an M-2- T zone, which requires a Conditional Use Permit. The Assistant Planner stated the site plan indicates a four-unit condominium structure will be built on Lot 25D, and a two-unit condominium structure will be built on Lot 25A. She noted three concerns were ex- pressed in this area when the "TII designation was placed on the zone, but only one of those applies to this request, which is signing on the property. The Assistant Planner stated that, I because this is a condominium development and it is not known who will occupy the condominium spaces, it is difficult to review the proposed signing at this time. She indicated that one of the conditions addresses the issue, requiring that the Planning Director review and approve all proposed signing. Assistant Planner Elkins then stated the Zoning Commission reviewed this item and concurred in the staff recommendation for approval, subject to eleven conditions. Commissioner Jordan asked how many feet it is from the back of the proposed buildings to the property lines. Assistant Planner Elkins indicated the buildings are constructed at the back property line, which is also the city limits line. She noted there are no rear setback require- ments in the M-2 zone. Commissioner Jordan then asked if a fire truck will be able to turn around in the 44-foot area shown on the site plan. The Assistant Planner stated the Fire Division reviewed this application but did not address that as an issue of concern. The applicant was not present; and no one spoke in support of or in opposition to the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Stephanie Volz, David Wallin, Norman Wallin and Clarence Bos - permit commercial PUD on Tracts VW-2 and VW-3 of COS No. 1227, located in the SEt of Section 22, T2S, R5E, MPM (West Main Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by Stephanie Volz, David Wallin, Norman Wallin and Claren~e Bos to permit a commercial I Planned Unit Development on Tracts VW-2 and VW-3 of Certificate of Survey No. 1227, located in the southeast one-quarter of Section 22, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located along the north side of West Main Street immediately east of Ponderosa Mobile Home Subdivision and immediately west of the Bobcat Lodge. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject site contains two separate lots, containing a total of 7.752 acres. The Assistant Planner stated the 06-03-85 21G proposed commercial Planned Unit Development will be completed through use of Land Use Develop- ment Guidelines, an Architectural Sketchbook, and a conceptual site plan, which establish specific guidelines and architectural controls for any development within the site. She noted the Planning Staff will review all proposals to determine if they meet the criteria set forth in the guidelines which are being considered in this Conditional Use Permit. Assistant Planner Elkins stated the staff has suggested that portions of Section 5 be changed to more accurately reflect the language used in the Zone Code. She noted an Improve- I ments Agreement is to be contained in the Land Use Development Guidelines so that a potential developer/owner is aware of those requirements. The Assistant Planner also noted that lighting requirements and sketches of the standards and fixtures should be contained in the Architectural Sketchbook to provide more consistency in the PUD. She noted buffering and screening for residential areas to the west and the north will also be required. The Assistant Planner stated a major concern in this development has been the additional traffic which will be generated. She noted that when the third lane for turning only is striped, which is currently in process, West Main Street will have a capacity of 4,000 vehicles per hour at this PUD. The traffic counts show there are currently 2,100 vehicles per hour; and this development is anticipated to generate 613 vehicles per hour during peak hours, which is well below the capacity of the roadway. Assistant Planner Elkins then stated a looped roadway system is planned within the development, which will provide adequate circulation. She then indicated the Zoning Commission concurred in the staff's recommendation for approval, subject to fifteen conditions. Commissioner Vant Hull asked if this is the last time this development will appear before the Commission. The Planner stated that unless the Zoning Commission requests a full public hearing on a specific item, this is the last time this development will appear before the Comm iss ion. She assured the Commissioner that if the Planning Staff becomes concerned over any proposed development within the PUD, that item will be submitted to the Zoning Commission for review. She also noted that if any citizen complaints are received during any portion of this development, this project will be brought back for review prior to any further construction. I Commissioner Jordan noted the main entrance to the development, which is located on the lot line between the two parcels, is indicated as a three-lane approach and asked why. The Assistant Planner stated that two egress lanes are provided, a right-turn lane and a left-turn lane, and one ingress lane. Commissioner Mathre noted that the Commission has dealt with development guidelines for projects in the past; but none of those projects have been undertaken. She then asked if there are regulations for these guidelines. Planning Director Steve Lere stated this process provides for staff review, while allowing flexibility in the type of design used as long as it meets minimum zoning regulations and the development gUidelines. The Planning Director stated the reason for this public hearing is to make sure the design guidelines for this project are adequate. Mayor Weaver suggested that more stringent buffering and screening requirements for developments such as this along West Main Street might be considered. He noted that Condition No. 7 could be changed to accommodate that requirement. The Planning Director noted that the minimum requirements in the Zone Code indicate that relatively mature vegetation must be used. He then stated the condition could be revised to reflect that mature vegetation is required if the Commission so desires. The Mayor noted that West Main Street is a gateway entrance to the City; and he feels a higher standard should be established. He stated this could be effectively implemented for developments such as this, where the development criteria are negotiated by the developer and the City. Commissioner Mathre then asked where the storm water from this site will drain. I Mr. Robert Lee, representative of the applicants, indicated that the Planned Unit Development process provides more flexibility for the developers than would be available through the subdivision process. He indicated that the developers have worked closely with the Planning Staff in preparing the development guidelines to assure this is a quality Planned Unit Develop- ment that will be an asset to the community. Mr. Lee stated that the site plan is a conceptual design of what could be done with the development criteria which have been established. He indicated that the looped roadway system will remain as indicated on the site plan; and the 06-03-85 211 internal roadway circulation system is definitely set. Mr. Lee stated the utility plans have been established, based on the indicated roadway system; and the engineering plans have also been completed on that basis. Mayor Weaver asked if the roadway system has been approved by the City's Engineering Officer. Robert Lee indicated it has not been. Mr. Lee then stated he feels the three-lane main ingress/egress is important for the I project; and the two-lane secondary access will also be adequate. He noted that the secondary access will located along the eastern property line of this project. Mayor Weaver asked how much frontage this project will have along U. S. Highway 191. Mr. Lee indicated the frontage is approximately 600 feet. Mayor Weaver asked Mr. Lee about the use of mature vegetation for buffering and screen- ing as well as providing a more attractive entrance to the community. Mr. Lee stated he is not prepared to answer that item at this time. Mr. Jack Schunke, Morrison-Maierle, stated he has submitted plans for extension of water and sewer lines to the project. He noted that the sanitary sewer service wi II be extended from the Main Mall sanitary sewer main and will have adequate capacity to service adjacent properties in the future. He indicated the water main will tie into existing water mains on West Babcock Street and U.S. Highway 191, thus providing a looped water system in that area. He also noted that several fire hydrants will be installed throughout the project. Mr. Schunke indicated the anticipated cost for the water and sewer services is $125,000.00, which is feasible for a project this size. Mr. Schunke then addressed the storm drain system. He indicated the storm sewer main will be located within the street right-of-way; and lateral stubs will be provided for future extensions, since the exact locations of paved parking areas are not known at this time. He noted the storm waters will be drained to a drainage way northwest of the subject parcel, which extends north of Durston Road. Jack Schunke indicated that Engineering Officer Mann has reviewed the proposed storm drain system and indicated no problems with it. He then stated I that to provide protection for the drainage way, a sedimentation basin and oil separation basin wi II be provided. He also noted some of the storm waters will be absorbed into areas on site, so not all of the waters will be funneled into an off-site drainage. Mayor Weaver asked if Special Improvement Districts will be requested for this project. Mr. Schunke indicated that at this time, no SID's are anticipated. Commissioner Jordan noted that pedestrian ways are to be provided between buildings and from the parking lots to the buildings, but no sidewalk is indicated along the 600-foot frontage along Main Street. The Planner stated that the Commission recently approved the Conditional Use Permit with no sidewalks or Waiver of Protest for the Creation of SID's. Break - 8:05 to 8:15 p.m. Mayor Weaver declared a break from 8:05 to 8:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Ordinance No. 1181 - re amin license fees and limitations on the aggregate num er 0 gaming ta es or devices operating simu taneously In an esta IS ment I This was the time and place set for the public hearing on Ordinance No. 1181, entitled: ORDINANCE NO. 1181 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 ACTII AND ESTABLISHING THE FEE STRUCTURE FOR LICENSES ISSUED PURSUANT TO THE "VIDEO DRAW POKER MACHINE CONTROL LAW OF 1985.11 06-03-85 218 Mayor Weaver opened the public hearing. City Manager Wysocki reminded the Commission that they had provisionally adopted Ordinance No. 1181 at last week1s meeting and established this as the date for a public hearing. He noted this ordinance establishes a $500.00 license fee for each of the first two video draw poker machines and a $1,000.00 license fee for each subsequent machine; and the same schedule applies to the keno machines. The license fees for card tables will remain as they have been in the past, which is $500.00 each for the first two tables, $750.00 for the third table, and $1,000.00 I for the fourth table. The City Manager noted that the ordinance also establishes an aggregate limit of five gaming machines and/or tables per location. Commissioner Vant Hull stated that Randy Leep, owner of D & R Music, telephoned to indicate that he will not be able to attend this public hearing because he will be attending a Belgrade City Counci I meeting on the same matter. He did, however, reiterate his strong opposi- tion to the proposed license fees for the video draw poker machines. Mr. Bob Fletcher, owner of The Cannery Lounge, stated he is not representing the Tavern Owners Association, but is speaking for himself. He then stated the tavern owners worked hard to get the bill for video draw poker machines passed during the last legislative session. He noted that legalizing the machines will benefit the tavern owners, but he feels the local license fees should be kept as low as possible, since the bill contains a $1,500.00 state fee, of which approximately $950.00 is returned to the local government. Mr. Fletcher stated he runs a quiet lounge; and he is seeking a supplemental income since the consumption of alcoholic beverages is decreasing. He noted that one or two video draw poker machines will also provide entertainment for those who are in his 1,250-square-foot lounge for two or three drinks. Mr. Fletcher indicated he would like to see low license fees, at least for the first year. Bob Fletcher stated he wishes to maintain a quiet lounge type atmosphere. He reminded the Commission that he had owned the bar kitty-corner across the intersection, which was pre- viously the Saint George and the Dragon, later known as Mother's Saloon, which he shut down because of the noise, congestion and disturbance it was creating. Mr. Fletcher stated that a bar is a legal business, and is a place many people enjoy. He stated he feels a spirit of I cooperation should be maintained between the City Commission and the bar owners so they can work together on this as well as other issues in the future. Commissioner Anderson asked why the bar owners are now complaining about the establish- ment of a local license fee, since the industry backed HB236 through the Legislature with the $1,000.00 local license fee limit. Mr. Fletcher stated that the bill as finally adopted was a compromise, which the tavern owners supported because they wished to have some of the monies returned to local government. Commissioner Jordan asked Mr. Fletcher if he feels the proposed license fee of $500.00 is palatable. Bob indicated he would like to see no fee; but he feels the $500.00 would be a good balance and he could live with it. Mr. William McKinley, employee of the Rocking R Bar, indicated he is a former employee of D & R Vending. He noted that under HB236, the City will receive approximately $950.00, which would be a total of $28,500.00 if thirty machines are licensed. He stated some of the small bars will not be able to afford high local license fees; and he feels those establishments should be considered when setting the license fee. Mr. McKinley indicated he would like to see no local license fee implemented. Mr. Roger Hougen, owner and operator of the Cat1s Paw, stated he has about 10,000 square feet in his establishment. Mr. Hougen stated he has no argument with the proposed license fees; but he does not feel the aggregate limit of five is realistic. He noted that he has three separate bars in his establishment, with thirty to thirty-five employees. Mr. Hougen noted the State has established a limit of five video draw poker machines. He also noted the I City has already established limits on the number of card tables and the number of keno machines allowed per establishments; and he feels all of those limits should remain in place. Commissioner Vant Hull asked Mr. Hougen how many video draw poker machines he would install in his bar. Mr. Hougen stated he will probably have four machines and two card tables, with pOSSibly one keno machine. He indicated that if business warrants it, he may install a fifth video draw poker machine in the future. 06-03-85 219 Mr. Steve Ungar, attorney representing D & R Music, reiterated the concerns he had expressed at last week1s meeting. He stated the proposed aggregate limit of five tables and machines contravenes the statutory provisions for gaming. He then encouraged the Commission to rewrite that portion of the ordinance, since he feels it is illegal. He also indicated that final adoption of the ordinance with the aggregate limit of five could result in becoming involved in a court battle. I Commissioner Mathre asked Mr. Ungar about the chart which he had shown at last week1s Commission meeting indicating the maximum number of card tables, keno machines and video draw poker machines allowed. Mr. Ungar stated the limitations on the card tables and keno machines were those he understood the City had imposed. The City Attorney indicated that the City has established no limit on the number of keno machines; and four card tab~s are allowed per establ ishment. Commissioner Anderson asked about Mr. Ungar's argument. City Attorney Crumbaker- Smith stated that is his legal opinion, but she is not sure there is a clear cut absolute answer. She indicated agreement that the Commission cannot limit an establishment to less than five video draw poker machines; and an aggregate limit can also be established. The City Attorney then suggested that if the Commission is uncomfortable with the aggregate limit of five tables and machines, that number could possibly be raised to seven, which should eliminate potential problems. Commissioner Vant Hull asked if it might be possible to get an Attorney General's opinion on the aggregate limit of five machine and tables. The City Attorney indicated she could request an opinion, but it would probably take two to four months to receive an answer. Mayor Weaver stated he is less interested in the threat of litigation than he is in con- forming to the State Statute in the best manner possible. Dr. Howard Busching, resident of Bozeman, submitted to the Commission some items to be considered in setting the license fees and establishing an aggregate limit on card tables and machines. Dr. Busching stated that gambling is "much more bad than good" and encouraged the I Commission to take every feasible step possible so the fewest number of people do gamble. He stated that he had lived in Reno, Nevada, for three years, during which time his car was stolen twice, his house was broken into twice, and his wife was mugged once. Dr. Busching indicated he is a marriage counselor; and he has been confronted with the effects of gambling in every place he has practiced. He also expressed concern about the amount of monies which the City would be required to spend for law enforcement and other matters related to the health and financial welfare of the community which additional gambling opportunities will incur. He a I so questioned the undesirable examples that the gambling wi II provide for today's youth. M rs. Gloria Zimmer, res ident of Bozeman, stated su pport for a $1,000.00 I icense fee per video draw poker machine, and for seeing as few machines as possible in Bozeman. She also expressed concern about the social fallout which may result from gambling. Mrs. Zimmer also suggested that the Commission review the fees which have been established for card tables. Mrs. Lillie Lund, resident of Bozeman, stated the City needs the revenues which can be generated from licensing of poker machines for essential services. She suggested that the license fee be established at the maximum allowed under the law, which will help control the amount of gambling opportunities. She noted that if the City reaches a point where the revenues are not needed, the fees could then be lowered. Mr. Robert Ellerd, Representative from Montana House District No. 77, stated that much of the support for HB236 in the legislature was because of the revenues it would generate for local governments. He noted that all of the other bills which would have generated additional income for local governments failed; and this bill seemed to gain strength because of that. I Rep. Ellerd then stated there appears to be a flaw in the bi II; and its sponsor has gone to Helena in an attempt to determine the nature of the flaw and how to correct it. He indicated the flaw concerns the existing Draw 80 poker machines and whether they would meet the require- ments of the bill and whether those that currently exist should be grandfathered. He then indicated he is not opposed to gambling, but he has voted against all bills on the issue which have been submitted to the legislature because he does not feel they can be properly policed or handled, citing the $100.00 pay-off limit as an example. Rep. Ellerd stated the Commission must determine the amount of the license fee they wish to impose on the video draw poker machines 06-03-85 220 under this House Bill, since it was passed to address local government needs. He then noted that when this bi II was before the House Business and Labor Committee, over 100 tavern owners were present to support the bill. Mrs. Dorothy Eck, Senator from Montana Senate District No. 40, stated she did not support the gambling bills in the legislature as a way to provide revenues for local governments. She also noted that other bills which would have provided funding for local governments were killed, which gave this bill a better chance for passage. She stated she felt Senator Boylan's I proposed bill was better, but it was killed and portions of that bill were amended into HB236. The Senator stated support for testimony received questioning the associated social costs involved and urged the City and County to consider that question. Senator Eck then expressed concern about compulsive gambling, noting that in the mid-70's, .7 percent of the population were compulsive gamblers; and in areas where gambling was legalized, it was three times that number. She indicated that a compulsive gambler is someone who breaks the law to support his or her gambling. She encouraged the coordination of assistance, such as Gamblers' Anonymous, for those who need it as a result of additional gambling opportunities. Commissioner Anderson asked if HB236 had the full support of the industry in the legislature. Senator Eck stated the amount of the license fee was amended after the bill was submitted. She also noted the industry was not given the best opportunity to be heard through the proceedings or in the conference committees. The Senator also noted this was the last bill to provide revenues for local governments to be submitted, after all of the other bills had been defeated. Mayor Weaver expressed discontent with the legislature passing a bill limiting the number of video draw poker machines to five per establishment and providing for local governments to set a license fee of up to $1,000.00 as a method to remedy local government revenue problems. He also noted that gambling operations in Bozeman are generally well managed. Commissioner Jordan stated he does not feel it is fair to local governments or the industry for the legislature to establish one license fee and then authorize local governments to I establish another I icense fee as well. He then noted that Draw 80 poker machines have been operated for two years and asked if there are any statistics to address the concerns which have been expressed during this public hearing. Commissioner Anderson asked why the tavern owners did not attempt to defeat the bill if they are dissatisfied with it. Rep. Bob Ellerd stated the tavern owners could have asked to have the bill killed if they had so desired. He noted they accepted the bill as amended, and now all parties must live with it. Mrs. Stella Anacker, resident of Bozeman, stated she is opposed to gambling as well as deriving revenues from that source. She asked the Commission to adopt an ordinance limiting the number of gambling devices per establishment as much as possible. Mr. Gary Gerhardt, 1006 South Black Avenue, stated he is a member of the Tavern Owners' Association and is the owner of Country Lanes, which is located outside city limits. He noted several comments have been made about the effect gambling machines have on behavior and the style of life of citizens in the community. He indicated he does not believe that the machines have an effect on citizens. He noted that Country Lanes had two Draw 80 poker machines; and no one spent much time on the machines. He also indicated that when the poker machines were in use, he did not find any increase in theft around his establishment. Mr. Gerhardt stated that he had run the drug treatment program in Bozeman for three years prior to purchasing Country Lanes; and he did not counsel anyone with gambling problems during that time. He suggested that if the Commission is concerned about those problems, it set aside some of the revenues from the gaming license fees to research the possible problems. I Mr. Doug Sandi land , owner of The Crystal Bar, stated he has been involved in the operation of poker tables and machines since 1974; and he has not had to call the Police Division because of any problems caused by the gambling. Mr. Sandi land stated that those who play at a poker table police themselves, and any problems are handled by the owners and those involved in the game. He noted the same self-policing applies to the poker machines as well. Mr. Sandi land then reminded the Commission that bars are licensed, just as other businesses are licensed. 06-03-85 22J Mr. Bob Fletcher stated the issue before the Commission at this time is not the morality of gambling or poker machines, but is the local license fee on the video draw poker machines, which has been legalized by the State Legislature. He noted that revenues to the City and maintaining fairness for those involved should be the items under consideration at this time. Mayor Weaver noted that the Commission is primari Iy responsible for the health, safety and welfare of the community; and revenues are secondary. I Mr. William McKinley noted that those who want will play the poker machines, even if they have to travel to Belgrade or ,Livingston to play. He noted that drinking is quite often asso- ciated with playing the machines and expressed concern about those who might drive back from another town after drinking. He also noted that if the local license fee is too high, some establishments will not be able to afford the machines. Commissioner Jordan noted that Ordinance No. 1181 as provisionally adopted can be revised as needed. He noted the form in which it currently exists provides a basis upon which to conduct the publ ic hearing. Mr. Hougen asked if the bar owners will be required to have State licenses for the video draw poker machines before they apply for City licenses. The City Attorney indicated yes. Mayor Weaver closed the public hearing. Commissioner Vant Hull noted the primary rp.ason for the passage of HB236 was to provide additional revenues to local governments; and the tavern owners did not object at that time. The Commissioner stated she feels the City should derive as much revenue as possible from this source, suggesting that the I icense fees for the video draw poker machines and card tables be set at $1,000.00 each. Commissioner Mathre expressed concern about the proposed aggregate limit of five tables and machines and suggested that it be changed to seven. The Commissioner also suggested that the license fee for the card tables be increased to $1,000.00 per table, and that the license fee for th~ video draw poker machines remain as listed in the ordinance, which is $500.00 for each of the first two machines and $1,000.00 for each machine thereafter. I Commissioner Jordan indicated support for Commissioner Mathre's proposal. He noted the aggregate limit of seven tables and machines would allow the five video draw poker machines, as provided in HB236, plus two other gaming tables or machines, or any combination desired. The Commissioner noted that these businessmen put quite a bit back into the community through paying taxes as well as through donations. He stated the Commission may wish to consider increasing the license fee next year if the statistics warrant it. He staed, however, he does not wish to lose any of those businesses because the gaming license fee was set too high this year. Commissioner Anderson also stated support for Commissioner Mathre's proposal. She noted the industry supported HB236 so the local governments would have an option for obtaining additional revenues. Mayor Weaver stated support for Commissioner Mathre's proposal. He noted the graduated fee structure for the video draw poker machines provides some disincentive for over two machines. He also indicated that he feels the poker tables are a potentially greater menace to the commu- nity than poker machines; and he feels those license fees should be higher. The Mayor also indicated that the proposal to increase the aggregate limit to seven seems appropriate. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize and direct the City Attorney to revise Ordinance No. 1181 to change the license fee for gaming tables to $1,000.00 per table and revise the aggregate limit to seven tables and machines operating simultaneously in any business location. 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. I Break - 9:35 to 9:40 p.m. Mayor Weaver declared a break from 9:35 to 9:40 p.m. in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - revision of goals and policies for upcoming year City Manager Wysocki reviewed the goals and policies which the Commission established on 06-03-85 222 July 16, 1984, as well as the list of primary tasks dated October 25, 1984 which he had prepared, as follows: BUDGETARY LYMAN CREEK WATER SUPPLY. This item was considered during the IIFYI Items" earlier in this meeting. MANAGEMENT OF UTILITY ASSETS. The Commission received a timber management report last week, which has been the primary concern in this area. I EQUIP POLICE AND FIRE DIVISIONS ADEQUATELY. Two new cars were purchased last year; and three new cars are now on order for the Police Division. The City Manager noted that two new cars will probably be budgeted for next year, which should eliminate all of the old vehicles. The staff is currently preparing alternative methods for financing of a new fire truck, with the help of recently engaged financial consultants. RECREATION PROGRAM. The new Recreation Superintendent is in place, and the recreation program for this summer is nearly complete. He noted the program is more comprehensive than it has been in the past; and the Recreation Superintendent is working in conjunction with the Campfire and other groups. The Recreation Office has moved from the Willson School to the Swim Center, in what is a remodeled restroom area. MAINTENANCE OF WATER DISTRIBUTION AND SEWER COLLECTION SYSTEMS. This item was placed on the list because of the suggested possibility of leaks in certain areas of town. He indicated this has not moved forward because rate increases are needed for both the water and sewer services to provide adequate funds to proceed with capital improvement projects. PERSONNEL INCREASES IN SPECIFIC CITY DEPARTMENTS. Increases in the Planning Department, Library, Police Division and Fire Division were included in the budget for this fiscal year. ENCOURAGE SUPPORT FROM ALL RESOURCES OF THE PUBLIC LIBRARY SERVICES. Various members of the Library Board of Trustees and Library staff as well as the City Commission went before the County Commission to ask for assistance from their Revenue Sharing monies. He noted the Commission heard earlier from Beverly Knapp that the Library Board of I Trustees and the staff will combine with boards from other libraries in the county to request additional funding on Thursday. EFFECTIVE LEGISLATIVE LOBBYING. The City Manager noted that various staff members and Commissioners attended and testified at several of the hearings on various bills which would affect local governments. CONTINUING SOLID WASTE MANAGEMENT--LANDFILL. Monitoring of the groundwater and the landfill is progressing slowly. He noted that the staff has talked with the County Commissioners about becoming involved in a garbage district for a cooperative landfill. Also, discussions have been held about incineration of the bulk of the City's garbage. DEVELOPMENT TO BE SELF-SUPPORTING (TRANSPORTATION). City staff members have been working with various subdividers and developers. Also, the City is now requiring Waivers of Protest for the Creation of Special Improvement Districts. SOLID WASTE MANAGEMENT--GARBAGE COLLECTION. The pilot automated garbage collection system is currently underway. All of the 90-gallon containers have been distributed; and additional requests have been turned down. Only two or three of the 60-gallon containers are currently being used. DEVELOPMENT TO BE SELF-SUPPORTING (UTILITIES). Water rights or cash-in-I ieu are now being required for all new annexations, which will make them self-supporting in this area. BETTER COMMUNICATION AMONG COMMISSIONERS. No comment. CITY MANAGER PRIMARY TASKS I The City Manager reviewed those items not covered by the list of goals above, as follows: CABLE TV FRANCHISE. He has held an initial meeting with the cable television people, but nothing has transpired since then. RAW WATER STORAGE/SEDIMENTATION BASIN. This item is on hold until the City locates a suitable location. TRANSPORT ATION--19TH AND OAK; KAGY--WEST. Progress has been made on the 19th and Oak extensions through the dedication of right-of-way for the Smith Annexation. The City 06-03-85 223 has also received Waivers of Protest for the Creation of SID's for North 19th Avenue and Durston Road through that annexation. The City staff has held an initial meeting with one of the primary property owners along Kagy Boulevard extended west; and is now ready to proceed with appraisal of the land along that right-of-way. IMPROVE LAND USE PLANNING APPLICATION PROCESS. The City Manager indicated he has not had time to pursue this item. I City Manager Wysocki indicated this list is quite lengthy; and many of the projects are quite time consuming. The City Manager then suggested the Commission may wish to review the total comprehensive list of goals established last year to see if any goals should be moved up or any new goals should be added. Mayor Weaver requested that a copy of the comprehensive list be submitted to the Commissioners and that this item be placed on next week's agenda for discussion and possible revision. Adjournment - 9:55 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 ATTEST: Clerk of the Commission I I 06-03-85