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HomeMy WebLinkAbout1983-05-09 U51 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 9, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, May 9, 1983 at 4: 00 p. m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, 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 prayer by Commissioner Weaver. Action on the minutes of the regular meeting of May 2, 1983 was deferred for a period of one week. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the Director of Finance1s reports on the Cemetery operations budget and the Cemetery Perpetual Care Trust Fund be removed for discussion. Decision - review of the number of electronic poker machines, as established in Ordinance No. 1117; Ordinance No. 1132 - revising Ordinance 1117 re gaming devices This was the time and place set for the decision on the review of the number of electronic poker machines as established in Ordinance No. 1117. City Manager Evans presented Ordinance No. 1132, as prepared by the City Attorney, entitled: ORDINANCE NO. 1132 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, AMENDING SECTIONS 3.12.050 AND 3.56.100, OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING THE FEE STRUCTURE FOR GAMING DEVICES AND SETTING THE LIMITATION ON THE NUMBER OF GAMING DEVICES PER ESTABLISHMENT IN THE CITY OF BOZEMAN, MONTANA. The City Manager then recommended that the Commission approve the establishment of a new limit of two electronic poker machines per establishment and maintain the limit of four gaming devices per establishment. He further recommended that the Commission provisionally adopt Ordinance No. 1132, setting the new limit for electronic poker machines, and that the Ordinance be brought back in two weeks for the second reading and final adoption. Commissioner Vant Hull stated concern that increasing the number of electronic poker machines allowed in each establishment could cause ramifications on the City services. She then requested that a citizen committee look into the whole question of gambling. Commissioner Mathre noted that the Annual Police Division Report for Calendar Year 1982 indicates there was no police activity related to gambling. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1132, establishing the fee structure for gaming devices and setting the limitation on the number of gaming devices per establishment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull. I Decision - Zone Code Amendment - to allow mobile homes in Residential Zoning Districts as a Conditional Use This was the time and place set for the decision on the Zone Code Amendment to allow mobile homes as a Permitted Use or as a Conditional Use in Residential Zoning Districts. The proposed Zone Code Amendment would allow mobile homes to be located in the AS, Agricultural Suburban; R-S, Residential-Suburban Country Estates; R-2-A, Residential - Single-Family Medium Density; and R-3, Residential - Medium Density Zoning Districts, and would be required to meet certain specific criteria. 05-09-83 U52 City Manager Evans recommended that the Commission defer action on this item pending further review by the City Attorney. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission defer a decision on the proposed Zone Code Amendment to allow mobile homes as a Permitted Use or a Conditional Use in specified Residential Zoning Districts pending further review by the City Attorney. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Vant Hull, Commissioner Anderson. Commissioner Mathre, Commis- sioner Weaver and Mayor Stiff; those voting No. none. Decision - Conditional Use Permit e Christian School - allow expansion of existin school on part of Lot 2, I oc k 7 t and Davis Addition 425 North Ida Avenue This was the time and place set for the decision on the application for a Conditional Use Permit submitted by the Heritage Christian School to allow expansion of the existing school on part of Lot 2, Block 7 of the Babcock and Davis Addition, more commonly located at 425 North Ida Avenue. City Manager Evans stated that the Planning Staff had recommended conditional approval, and the Zoning Commission had concurred. The City Manager then recommended that the Commission approve the application for the Conditional Use Permit, subject to the conditions recommended by the Zoning Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit requested by Heritage Christian School, to allow expansion of the existing school on part of Lot 2, Block 7 of the Babcock and Davis Addition, more commonly located at 425 North Ida Avenue, subject to the following conditions: 1. That the site plan be changed to illustrate that the access to the parking area is to be gained from the eastern half of the vacated portion of Brady A venue. 2. That eight (8) off-street parking spaces be provided. 3. That the parking and drive areas be paved and that its plans and typical I sections be illustrated on the final site plan. 4. That the paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. s. That a sidewalk be provided that will link the off-street parking area to the school. The three-foot wide sidewalk in the parking area should be in- creased to five feet. 6. That the final site plans contain a planting legend; illustrate the snow removal and storage areas and provide for individual parking stall markings. 7. That fencing be provided that will effectively screen the parking and drive areas from surrounding residential properties and that its detail be illustrated on the final site plan. 8. That the developer shall enter into an improvements agreement with the City of Bozema n. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to 1 i times the amount of the oost of the scheduled improvements and their in- stallation. Detailed cost estimates, construction plans, and methods of security shall be made part of that agreement. 9. 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 City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. I 10. All on-site improvements (i .e. paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit for each phase and as shown on the approved final site plan. 11. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 05-09-83 U53 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. from James H. Mon er, TAP, Inc., re establishment of IIAutomated Fli ht Service I City Manager Evans stated that Mr. James Monger, TAP, I nc., has requested approximately fifteen minutes to speak to the Commission concerning the establishment of an IIAutomated Flight Service Station II at the Gallatin Field Ai rport. Mr. James Monger, Senior Vice President of TAP, Inc., stated that Montana will be converting to the Automated Flight Service Station, as the rest of the United States has been doi ng in the past few years. These service stations will provide the communication network throughout the United States for all aircraft, replacing the current system. All of the eight existing flight service stations in Montana will be closed, and one new Automated Flight Service Station will be installed. All communities wi II be allowed to bid on providing a 10, OOO-square- foot building for this station, which will then be connected with the other existing sixty-one stations throughout the United States. Mr. Monger noted that the building, which wi II cost approximately $1 million, would be constructed on airport property, within walking distance of the main structure. The station will employ eighty to one hundred highly trained people, with an estimated payroll of $3.5 million per year. The basis for awarding of the bid will be the lowest lease rate on the building. Mr. Monger stated that TAP, Inc., feels that Montana's Automated Flight Service Station should be located at Gallatin Field Airport; and TAP, Inc., would like to do the work necessary to submit the bid for this area. He noted that the bidding process is extremely complicated and estimated the cost of preparation at $30,000.00. Mr. Monger stated that the advertisement for bids will be issued at the beginning of 1984, with the bid to be awarded in mid-1984. The I Automated Flight Service Station would then be completed and begin operation in approximately two yea rs . Mr. Monger stated that he has made his presentation to the Gallatin Airport Authority, Gallatin County Commission and the Chamber of Commerce; and all have been enthusiastic about the proposal. He stated that he will speak to the Belgrade City Council and Belgrade Chamber of Commerce as well as Montana State University, as he feels that every local entity should be involved. Commissioner Weaver noted that a bond issue may need to be considered for land acquisi~ tion and construction of the bui Iding. Mayor Stiff asked if this building and operation, and a possible bond issue, will be automatically controlled by the Gallatin Airport Authority, since it would be located on airport property. Mr. Monger stated that it would not be controlled by the Gallatin Airport Authority. He further noted that the Gallatin Airport Authority should not be totally responsible for financial- ly supporting the bidding process, as the Automated Flight Service Station would benefit the entire area. He stated that he has not attempted to develop a specific split on the costs as he has not addressed all of the affected entities. After the initial presentations, he will then develop a proposed split and will speak to each of the entities again, at which time he will present his proposal. Mayor Stiff asked about the legal aspects of joint funding of the application process. City Manager Evans stated that he feels the most preferable way to fund the application I process would be for each entity to pay a portion of the costs, based on the estimates. He noted that the portion could be based on population or possibly on the estimated economic impact on that specific entity. Mayor Stiff asked when the decision on who will assume responsibility for construction and being landlord will be made if the Gallatin Field Airport is the successful bidder. Mr. Monger stated that determination would be a part of the research for the bidding process. He stated that those questions should be answered prior to submission for the final bid. Mr. Monger then indicated that he will supply the Commission with more information on 05-09-83 -----------...- - 051+ this project after he has completed his initial presentations and has prepared a proposed break- down of the bidding costs. Mayor Stiff and the Commission thanked Mr. Monger for his presentation. Management and Staff Recommendation - deferral of annexations City Manager Evans presented to the Commission the management and staff recommenda- I tion on the deferral of annexations. He noted that the staff has recommended a one-year deferral on all annexations, primarily due to the City's lack of resources to support additional land within the city limits. The primary concern is lack of water to supply the present popula- tion, and future acquisition of additional water is uncertain. Other major concerns include the transportation network; storm drains; sanitary sewer; solid waste disposal; parks; police services and fire protection. The City Manager noted that the City does not have financial resources to hire additional personnel to research these problems or to improve the status of these items during the upcoming fiscal year or the following fiscal year due to recent legislative actions. City Manager Evans then suggested that the Commission consider conducting a public hearing to accept information from all interested parties prior to reaching a decision. Mayor Stiff noted that the community has indicated interest in the proposed deferral. He stated that the Commission has had an opportunity to review the information submitted by the staff, and he feels that community input should be received as well. Commissioner Vant Hull indicated support of the Mayor's statement. She also stated that she feels that the six annexation requests which have been submitted at prior meetings should be considered on their own' merits, and not be included in the deferral process. Commissioner Weaver noted that the City lacks the financial resources to enlarge the infrastructural base to accommodate additional annexations. He noted that each annexation should be judged on the extent to which it would improve the City's financial position. If it would generate more revenue than it would create in additional costs, the City should considEH' the annexation advantageous. If the annexation would generate more costs than revenues, it I would create an additional burden to the taxpayers within the city limits, which would give a basis for disapproval of the requested annexation. City Manager Evans noted that the burden of proof lies on the people requesting the annexation. If the City denies an annexation, it must be able to prove that it cannot provide the services to that property. The City Manager further noted that an annexation must be able to pay its own way immediately, and not at some time in the future, so that the taxpayers are protected against an additional tax burden. Commissioner Vant Hull noted that additional revenues from annexations may come from various sources, including construction of houses and accompanying property taxes, and from gasoline tax monies and Federal Revenue Sharing funds, which are based on population figures. City Manager Evans noted again that the City lacks the financial resources and the staff to address the issue in depth at this time. He noted that if the Commission proceeds with annexation of properties at this time, the City will incur liabilities without knowing what that impact will be. The City Manager once again stated support of the staff recommendation for deferral of annexations for a one-year period. Mayor Stiff noted that some of the concerns expressed in the staff report have been addressed by extensive plans, such as the transportation plan. The Mayor also noted that concern about the water supply is not a new item. He further noted that Mr. Daines has indicated that 1500 acre feet of water is available to the City if the thirty-two acres along South Third Avenue is annexed. He further noted that the water rights that the City has purchased from Mr. Del Lichtenberg are being addressed. I Commissioner Weaver noted that if construction of new homes is going to occur, whether inside or outside city limits, the City should perhaps consider the benefits of construction inside the city rather than outside to increase the tax base and provide some revenues to offset the expenditures that the City will face, regardless of the location of those homes. City Manager Evans stated that the taxable valuation does not support the City services. Commissioner Anderson stated that water is a fundamental issue. She noted that elimina- tion of leakage in the transmission system may provide a buffer in the water issue and further noted that water conservation should be encouraged. 05-09-83 U5S Commissioner Weaver stated that the Commission has been supplied with sufficient infor- mation from the staff. He feels that the Commission could reach a decision on the proposed one-year deferral of annexations without conducting a public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission set a public hearing date for June 6, 1983 on the proposed one-year deferral on all I annexation requests and authorize and direct the staff to proceed with the necessary legal notification. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Weaver. Planning Staff report - petition for annexation submitted by Donald K. Weaver, Jr. (2 acres west of and adjacent to Valley View Golf Course; Phase II, Westridge Meadows PUD) City Manager Evans presented to the Commission the Planning Staff report on the peti- tion for annexation submitted by Donald K. Weaver, Jr., for a two-acre parcel located west of and adjacent to Valley View Golf Course. The City Manager noted that the subject parcel is the land upon which Phase II of the Westridge Meadows Planned Unit Development is to be located. City Manager Evans recommended that the Commission authorize and direct the staff to proceed with the necessary steps for annexation. City Attorney Crumbaker-Smith noted that the State Code provides that the decision being made by the Commission at this point is whether or not the requested annexation is in the best interests of the residents of the. city and of the inhabitants of the area requesting annexation. She stated that if the Commission determines that it is in the best interests to annex the property, a Resolution of intent to annex will be submitted at next week's meeting for action. Commissioner Mathre noted that the Commission has previously approved the Master Plan Amendment for the Westridge Meadows Planned Unit Development. She also noted that approval I for the entire Planned Unit Development has been granted, although the construction is being completed in phases. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull t that in the judgment of the Commission, and based on the staff report which appears to indicate that the increased revenues from the annexation would be commensurate with the increased costs of extending City services, it is in the best interests of the residents of the City of Bozeman and of the residents of the subject property that the city limits be extended to include the two acres west of and adjacent to Valley View Golf Course, as requested by Donald K. Weaver, Jr. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. B rea k - 5: 05 to 5: 1 0 p. m . Mayor Stiff declared a five-minute break at 5:05 p.m. to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Planning Staff report - petition for annexation submitted by James and Donna Edgerley (1.22 acres just north of City limits at intersection of Oak and L Streets) City Manager Evans presented to the Commission the Planning Staff report on the petition for annexation submitted by James and Donna Edgerley for a 1. 22-acre tract of land located at the intersection of Oak and L Streets, on the northern edge of the city limits. The City I Manager recommended that the Commission deny further action on the requested annexation on the basis that the City does not have adequate resources to proceed with annexation, and it is not in the public interest to extend the city boundaries to include this parcel of land. It was moved by Commissioner Vant Hull t seconded by Commissioner Anderson, that the Commission deny further action on the petition for annexation submitted by James and Donna Edgerley for a 1. 22-acre parcel of land located at the intersection of Oak and L Streets as the City does not have adequate resources to proceed with the annexation, and it is not in the public interest to extend the city boundaries to include this parcel of land. The motion carried 05-09-83 U5G by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained. William J. Sebena (2.2 acres in the interchan e on the north side of City Manager Evans presented to the Commission the Planning Staff report on the petition I for annexation submitted by Wi lliam J. Sebena for a 2. 2-acre parcel of land located in the NWt. SEt, Section 8, Township 2 South, Range 6 East, MPM. The subject parcel of land is located just east of the 1-90 east interchange along the north side of Frontage Road. The City Manager recommended that the Commission deny further action on the requested annexation on the basis that the City does not have adequate resources to proceed with annexation, and it is not in the public interest to extend the city boundaries to include this parcel of land. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission deny further action on the petition for annexation submitted by William J. Sebena for a 2. 2-acre parcel of land located in the NWt. SEt. Section 8, Township 2 South, Range 6 East, MPM, as the City does not have adequate resources to proceed with the annexation; and it is not in the public interest to extend the city boundaries to include this parcel of land. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. (22.47 City Manager Evans presented to the Commission the Planning Staff report on the petition for annexation submitted on behalf of the Bridger Canyon Townhouse development for a 22. 47-acre tract of land located is the SEt, Section 32, Township 1 South, Range 6 East, MPM. This I parcel of land is located between Bridger Drive and Hillside Lane. The City Manager recommended that the Commission deny further action on the requested annexation on the basis that the City does not have adequate resources to proceed with annexation, and it is not in the publ ic interest to extend the city boundaries to include this parcel of land. Commissioner Weaver noted that there is an apparent disproportionate cost for providing City services to this property when compared to revenues to cover the cost of those services. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny further action on the petition for annexation submitted on behalf of the Bridger Canyon Townhouse development for a 22. 47-acre parcel of land located in the SEt, Section 32, Township 1 South, Range 6 East, MPM, as the City does not have adequate resources to proceed with the annexation; and it is not in the public interest to extend the city boundaries to include this parcel of land. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. etition for annexation submitted by Ro er H. and Rosalind I. Smith ection 2, T2S, SE; nort of Durston Road and west of North Nineteenth City Manager Evans presented to the Commission a letter submitted by Mr. Donald E. White, Attorney for Roger H. and Rosalind I. Smith, requesting that the petition for annexation on the 41. 6-acre tract of land be withdrawn. The City Manager recommended that the Commission I acknowledge receipt of this letter and take no further action on the annexation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter submitted by Mr. Donald E. White, Attorney for Roger H. and Rosalind I. Smith, requesting that the petition for annexation of a 41. 6-acre tract of land located in the E-l, Section 2, Township 2 South, Range 5 East, MPM be withdrawn. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. . 05-09-83 U51 Properties and agon Wheel City Manager Evans presented to the Commission the Planning Staff report on the peti- tion for annexation submitted by the Sourdough Creek Properties for a 31.71 4-acre tract of land located in the SEt. Section 24, Township 2 South, Range 5 East, MPM. This parcel of land is I located between South Third Avenue and Wagon Wheel Road, across South Third Avenue from the Figgins Addition. The City Manager recommended that the Commission deny further action on the requested annexation on the basis that the City does not have adequate resources to proceed with annexation, and it is not in the public interest to extend the city boundaries to include this parcel of land. Commissioner Mathre noted that the return on a parcel of land does not manifest itself unti I a development is one-half to three-fourths completed. She stated concern that the finances of the City are currently strained and does not have the resources at this time to support the development until it begins to pay its own way. She noted that in the past the City has been able to absorb the additional costs without the strains that would be caused under the current budget constraints. Commissioner Mathre further noted that when the City Engineer indicates that the City cannot provide water to the existing city limits, and when the Commission is also aware that there are developments currently being proposed within the city limits, she cannot justify annexing additional properties. She then stated that she feels that it would be irresponsible to add to the problems of the City and further stated that she is opposed to the annexation of this property at this time. Commissioner Vant Hull stated that the petitioner had indicated that water rights will be transferred to this parcel of land. Commissioner Mathre noted that water rights transferred to the City through a previous annexation have not helped the City's water supply. She noted that even though water rights exist, they may not be available to and usable by the City. I Commissioner Anderson noted that the traffic problems should also be studied. Mayor Stiff also noted that the imposition of impact fees should be reviewed. He noted that if South Third Avenue can be improved by the developer through impact fees, it should be done. He further noted that this is one of the items to be addressed through the City Manager's recommendation for a one-year deferral on annexations. City Manager Evans noted that he feels the transfer of water rights is hearsay at this point. He noted that a formal offer for transfer of water rights has not been submitted to the City; and the staff has had no opportunity to review the issue and find out if water rights exist. City Manager Evans then reminded the Commission that it must find that the requested annexation is in the public interest prior to adoption of the Resolution of intent to annex. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that in the judgment of the Commission, and based on the staff report which appears to indicate that the increased revenues from the annexation would be commensurate with the increased costs of extending City services, it is in the best interests of the residents of the City of Bozeman and of the residents of the subject property that the city limits be extended to include the 31.714-acre tract of land located between South Third Avenue and Wagon Wheel Road, as requested by Sourdough Creek Properties. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Anderson and Commissioner Mathre. I This was the time and place set for the decision on the Zone Map Change from RS-1 to R-2 requested by Clair Daines for that tract of land lying in the SEt of Section 24, Township 2 South, Range 5 East, MPM. This site is more commonly designated as approximately 32 acres lying between South Third Avenue and Wagon Wheel Road, across South Third Avenue from the Figgins Addition. City Manager Evans noted that the Commission had conducted the publ ic hearing on this requested Zone Map Change on April 18,1983. He further stated that the 05-09-83 U58 Zoning Commission had recommended denial of the requested Zone Map Change and concurred in that recommendation. Commissioner Vant Hull moved that the Commission approve the Zone Map Change from RS-1 to R-2 requested by Clair Daines for the approximately 32-acre parcel of land lying between South Third Avenue and Wagon Wheel Road, across South Third Avenue from Figgins Addition. The motion died for the lack of a second. I Commissioner Vant Hull then moved that the Commission defer action on the requested Zone Map Change for a period of one week. The motion died for the lack of a second. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission deny the Zone Map Change from RS-1 to R-2 requested by Clair Daines for the approximately 32-acre parcel of land lying in the SE-k of Section 24, Township 2 South, Range 5 East, MPM, more commonly located at the intersection of South Third Avenue and Wagon Wheel Road. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver. Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull. acres between This was the time and place set for the decision on the Zone Map Change from RS-1 to R-1 requested by Clair Daines for that tract of land lying in the SE! of Section 24, Township 2 South, Range 5 East, MPM. This site is more commonly designated as approximately 32 acres lying between South Third Avenue and Wagon Wheel Road, across South Third Avenue from the Figgins Addition. City Manager Evans noted that the Commission had conducted the public hearing on this requested Zone Map Change on May 2, 1983. He further stated that the Zoning Commission had recommended approval of the requested Zone Map Change and concurred in that recommendation. The City Manager then stated that the City has zoning jurisdiction within three miles of the I city limits. If the applicant wishes to withdraw his request for rezoning, he may do so. Commissioner Weaver suggested that the Commission defer action on this requested Zone Map Change until after a decision has been made on the annexation request. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission defer action on the request for a Zone Map Change from RS-1 to R-1 submitted by Clair Daines for that approximately 32-acre tract of land lying in the SE! of Section 24, Township 2 South, Range 5 East, MPM t more commonly designated as the intersection of South Third Avenue and Wagon Wheel Road t pending action on the annexation request on the subject parcel. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Sti ff; those voti ng No, none. Planning Staff presentation on proposed Master Plan Planning Director John Moss stated that the City-County Planning Board has conducted several meetings and a public hearing on the proposed Master Plan. He also stated that the Planning Staff has received several written comments; and the public hearing minutes will be transcribed verbatim for review by the City-County Planning Board. The Planning Director indicated that he anticipates that several changes will be made in the proposed Master Plan as a result of the public comments. Planning Staff presentation on proposed work program outline for Fiscal Year 1983-84 I Planning Director John Moss presented to the Commission a copy of the proposed work program outline for the Planning Staff during the Fiscal Year 1983-84. He noted that the work program is split into separate sections. The first section, which contains nine items, are the minimum programs necessary for operation of the Planni ng Board. The second section, which contains twenty-two items, are other programs which may be completed on a priority basis. He noted that after the minimum programs are completed, the Planning Staff has approximately 05-09-83 U59 1,815 hours for completion of other projects. The total of the proposed projects is 7,160; and the Planning Director requested that the Commission prioritize the items so that the Planning Staff has guidance on what items should be completed if possible. He noted that many of these items are follow-up items for the implementation of the Master Plan. He further noted that not all of these projects can be completed within one year. This is due partially to budget and I time constraints and partially to the fact that the public can absorb only a certain amount of data in a specified time. Planning Director John Moss also stated that the Planning Staff must prepare a proposed budget for the County Commissioners this month, as the County will begin its budget process shortly. Mayor Stiff noted that the City's budget process is not the same as the County's, which is causing the budget for the City-County Planning function earlier than the normal budgeting process. City Manager Evans noted that the City should provide the County with information that might be helpful in the budgeting process. He also noted that knowing what the County will contribute toward the operation of the City-County Planning will assist the City in completing its budgeting process. He then suggested that the Commissioners prioritize the items listed in the second section and return the sheets to the Clerk of the Commission or Planning Director by next Monday. Recess - 6:05 p.m. Mayor Stiff declared a recess at 6:05 p.m., to reconvene at 7:05 p.m. for the purpose of completing the routine items. Reconvene - 7:05 p.m. Mayor Stiff reconvened the Commission meeting at 7:05 p.m. for the purpose of completing I the routine items. Reports from Low Income Housing Committee and Community Development Block Grant Committee City Manager Evans stated that Planning Director John Moss was unable to return for this session of the Commission meeting to give a report from the Community Development Block Grant Committee. The Planning Director did request that the City Manager convey the message that a public hearing will be conducted next Monday evening on setting the priorities for the Community Development Block Grant application. Ms. Linda Brock, 2525 Landoe, Co-Chairperson of the Low Income Housing Committee, stated that the Committee has chosen the name lithe Bozeman City Housing Committee. II She noted that the Committee is looking at housing problems in general, not only low-income housing. Ms. Brock stated that the Committee's goal is to find solutions for housing problems and to find safe and affordable housing for low- and moderate-income people. She stated that the Committee is looking at two possible options for solving the problem (1) increase the housing stock in Bozeman and (2) provide for housing for a low-income group. Ms. Brock stated that the Bozeman City Housing Committee has appointed several sub- committees to do research is specific areas, including the Master Plan, zoning, land acquisition, financing, ownership of property, energy efficient housing, needs assessment and Montana State University housing. She stated that the Committee wishes to become a resource committee that provides information to other entities and committees. The Committee views itself as a long- term committee that keeps gathering as much information as possible. She noted that the I Committee has also considered public information programs on energy efficiency. Ms. Brock stated that the Committee would like an opportunity to submit input on proposed zoning changes in relation to the proposed Master PJan. Ms. Brock noted that some members of the Committee wanted to take steps on a project to alleviate the low-income housing problem when the Committee began setting its goals in December. However, the Committee now feels that the best way to alleviate the housing problems is through the private sector. She stated that Bozeman has unique housing problems that will never be overcome. These problems include the fact that 7,000 to 8.000 students leave for 05-09-83 U6U three months during the year, so rental rates are higher than they would be if all units were occupied for twelve months during the year. Ms. Brock then noted that the Committee has been frugal with the $200.00 appropriation that the Commission made from its budget. She asked if the Committee could receive approval to use the monies for purchase of books, which will be City property, or for travel, mostly around the state. Commissioner Weaver stated that he feels the $200.00 budget could be used for the I purchase of books, but he does not feel that it is sufficient to fund travel expenses. He indicated concern about granting a blanket approval for travel. He did suggest that if a member of the Committee plans to travel, authorization for that travel could be requested from the Commission prior to the trip being made. The Commission concurred in Commissioner Weaver's suggestion. Commissioner Anderson asked if any rehabilitation projects might be possible to alleviate the housing problems. Ms. Brock stated that Bozeman has very few vacant buildings that could be rehabilitated for housing. She then indicated that the Committee would I ike to submit quarterly reports to the City Commission. Discussion - data from the Students Against Sexual Assault Mr. Sean Knight, member of the Students Against Sexual Assault, stated that the group was formed between Fall Quarter and Winter Quarter of this school year. He noted that this group is an information and support group for those who have been sexually assaulted. The group is tied to the University, but they feel that this is also a community problem. Mr. Knight stated that the group is in the middle of a two-week series of forums and films on sexual assault to increase awareness of the problems and to provide support and resources for those wanting and needing this type of information. Mr. Knight noted that a rally and women's march have been scheduled for Thursday, I May 12, beginning at 8:00 p.m. The women will march through areas of the campus and surround- ing area where women are afraid to walk alone at night. Mr. Knight noted that this march is not intended to antagonize any of the residents of Bozeman. He then requested that the Commission grant permission for the march to be conducted in the streets, rather than on the sidewalks as requested in the letter, and that the Commission vote to support the general concept of the group and its series and march currently being conducted. Commissioner Vant Hull noted concern that walking in the street at night might be dangerous. She also noted that the Police Division usually responds to such requests. She feels that the march should be conducted on the sidewalk. Commissioner Mathre noted that the Police Division has indicated concern about conduct- ing night time marches in the street in the past, and has recommended that such events be confined to the sidewalks. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission support the Students Against Sexual Assault in their efforts to educate and make students, faculty, staff and members of the Bozeman community aware of the problems of sexual assault, in all its forms, and approve the women's march on the sidewalks in the area of the campus on Thursday, May 12,1983, beginning at 8:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Director of Public Service (Works) Department I requesting that construction 0 sewer trunk be included in the Kagy Boulevard project City Manager Evans presented to the Commission a request submitted by the Landowners' Association for Graf's Second Subdivision to include construction of a sewer trunk line in the Kagy Boulevard project. The City Manager noted that the landowners have agreed to pay all costs for engineering, construction, legal, administration and other incidental costs associated with installation of the sewer trunk line. Also, the landowners will be responsible for obtaining 05-09-83 UGl approval from the Montana Department of Health and Environmental Sciences for this project. City Manager Evans noted that the City must submit a letter to the Montana Department of Highways requesting that construction of the sewer line be included in the Kagy Boulevard project and recommended that the Commission authorize and direct the Director of Public Service (Works) to write the letter. I City Manager Evans asked what the estimated cost would be for installation of this sewer trunk line. Mr. Gene Graf, III, stated that the-estimate was $41,500.00. However, a portion of the trunk line has been eliminated, so the cost should decrease by 20 to 25 percent. Mr. Graf stated that the landowners will provide the funding for this project. Commissioner Weaver asked if this change will delay the opening of the Kagy Boulevard project bids. He noted that if the proposal would adversely affect the bid opening date, the Commission would need to consider that fact. City Manager Evans stated that the Landowners' Association understands that the City does not want to become involved in anything that would delay the opening of the bids. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct Director of Public Service (Works) Holmes to write a letter to the State of Montana Department of Highways requesting that construction of the sewer trunk line for Graf1s Second Subdivision be included in the Kagy Boulevard project, as long as this added item does not delay the bid opening date for the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to conduct a "fun run" - MSU Chi Epsilon Honorary - Saturday, May 14, 1983. at 10:00 a.m. City Manager Evans presented to the Commission a request submitted by the MSU Chapter I of Chi Epsilon, the Civil Engineering Honorary, for permission to conduct a "fun fun" on Saturday, May 14,1983, at 10:00 a.m. The City Manager noted that the Chief of Police has indicated no problem with the request as long as monitors are posted at the busy intersections. He then recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request for permission to conduct a "fun run" on Saturday, May 14, 1983, at 10:00 a.m., as submitted by the MSU Chapter of Chi Epsilon, the Civil Engineering Honorary. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - waiver of building permit fee for renovation of Van Winkle Stadium - School District No.7 Ci~y Manager Evans presented to the Commission a request on behalf of School District No.7 for waiver of the building permit fee for the renovation of Van Winkle Stadium. The City Manager noted that the City relies upon payment for services rendered and recommended that the Commission deny the request for waiver of the building permit fee. Commissioner Weaver asked how much the building permit fee would be. Assistant City Manager Barrick st?ted that the building permit fee is based on the value of construction and indicated that he was uncertain of the value of this renovation. City Manager Evans noted that the City does not waive the building permit fees for itself I when projects are undertaken. He stated that he does not feel that the City should waive the building permit fee for any other entity. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request submitted by School District No. 7 for waiver of the building permit fee for the renovation of Van Winkle Stadium. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 05-09-83 U62 and une 19, 1983 - City Manager Evans presented to the Commission a request submitted by the Bozeman- Gallatin Empire Lions Club for permission to conduct a barbecue and serve complimentary beer to the National Intercollegiate Rodeo Association finals participants and families in Bogert Park on Sunday, June 19,1983. The City Manager noted that this activity has been conducted in the past, and the Chief of Police has indicated no problem with approval of this request. City I Manager Evans then recommended approval of the request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Bozeman-Gallatin Empire Lions Club for permission to conduct a barbecue and serve complimentary beer to the National I ntercollegiate Rodeo Association finals participants and families in Bogert Park on Sunday, June 19, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. concession stand in Bo ert Park - Sunday, June 5, 1983 - City Manager Evans presented to the Commission a request submitted by the Old West Australian Shepherd Club for permission to sell from a concession stand in Bogert Park on Sunday, June 5, 1983. The City Manager noted that the request indicates that operation of the concession stand is usually assumed by a 4-H group, and that group keeps the proceeds from the project. The City Manager recommended that the Commission approve the request, with the condition that all proceeds from the concession stand be retained by a 4-H group or some other nonprofit youth activity. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request submitted by the Old West Australian Shepherd Club for permission I to sell from a concession stand during a fun match to be held in Bogert Park on Sunday, June 5, 1983, with the condition that all proceeds from the project be donated to or retained by a 4-H group or some other non-profit youth activity. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2449 - proposed Capital Improvement Program for the City of Bozeman City Manager Evans presented Commission Resolution No. 2449, as prepared by the City Attorney, entitled: RESOLUTION NO. 2449 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A CAPITAL IMPROVEMENT PROGRAM (CIP) CONSISTING OF A SIX (6) YEAR PLAN AND PROVIDING POLICY FOR IMPLEMENTATION THEREOF. City Manager Evans recommended that the Commission adopt Commission Resolution No. 2449, establ ishing a Capital I mprovement Program for the City of Bozeman. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2449, establishing a Capital Improvement Program for the City of Bozeman. Mayor Stiff stated concern that the proposed Capital Improvement Program would provide for budgeting for capital items costing over $10,000.00, but the limit for inventory of capital I items is set at $250.00. He further noted that in the budgets for the last two fiscal years, very few items would have been controlled by the proposed Capital Improvement Program. He also stated that budgeting for the Capital Improvement Program is out of step with the operat- ing budget process. The Mayor then suggested that the Commission reserve an amount in the operating budget process to cover the items that now appear in the capital section of the operating budget and place all items under the Capital Improvement budget. Mayor Stiff then stated that he does not feel that the $10,000.00 limit for bidding of items determines the capital nature of an item. 05-09-83 US3 City Manager Evans stated that a Capital Improvement Program is for the purchase of major items; and he does not feel that file cabinets and desks belong in such a program. He further stated that a Capital Improvement Program fits in with goals of the City for major improvements. Commissioner Weaver noted that if all capital items are placed under the Capital I Improvement Program. a typewriter will be competing with a "cherry picker" truck for funding. He questioned if that is the way in which a Capital Improvement Program should function. Mayor Stiff stated that he feels the limit for inventory of capital items should be greater than $250.00 and indicated that the limit should be set at not less than $500.00. He further stated that he feels all capital items should be handled under one budget, and not in two different budgets. The Mayor noted that he feels the matter should be discussed with Director of Finance Swan before any changes in the amount set for capitalizing of items are made. Mayor Stiff also stated that reserving funds in the operating budget to fund the smaller capital items would provide administrative flexibility. City Manager Evans stated that the proposed Resolution could be amended to reflect a lower limit for the Capital Improvement Item. He then stated that the monies reserved for smaller capital items from the operating budget would appear in the Appropriation Ordinance each year. The City Manager then recommended that a distinction be maintained between the operating budget and the Capital Improvement Program. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that further consideration of Commission Resolution No. 2449 i establishing a Capital Improvement Program, be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No. none. Discussion of FY I items I Mayor Stiff listed several items that should be added to the list of FY I items, including (1) the interlocal agreement for the Swim Center; (2) the employee incentive program; (3) review of the reserves as of June 30, 1982, as compared to actual needs; (4) summary of the Legislative session; and (5) further negotiation with the City of Livingston concerning garbage for their incinerator. Commissioner Vant Hull stated that the water tank in Graf's First Subdivision, Second Filing, can be removed from the list because the matter is being addressed through the park program. Mayor Stiff requested that the Clerk of the Commission prepare an updated list of FY I items and that this matter be removed from the weekly agendas. Director of Finance reports on Cemetery operations budget and Cemetery Perpetual Care Trust Fund - City Manager Evans noted that this item had been removed from the Consent Items at Commissioner Vant Hull's request. Commissioner Vant Hull noted that the Cemetery Division operating budget indicates a large deficit. She further noted that the balance in the Cemetery Perpetual Care Trust Fund does not cover that deficit. She then requested that the Director of Finance submit a complete report on the fund in approximately two weeks. City Manager Evans stated that there is no problem with the Cemetery Division operating budget or the Cemetery Perpetual Care Trust Fund. He further noted that there is a distinct I difference between the Cemetery Division operating budget and the Cemetery Perpetual Care Trust Fund. He stated that the CPC Fund was not intended to provide adequate funds for operation of the Cemetery Division. The State Statutes provide that the Cemetery Division will be funded through the General Fund. The Cemetery Division is not an enterprise fund, and is not meant to be a self-supporting activity. City Manager Evans stated that when a person purchases a cemetery lot, the City issues a deed for that parcel of land. He indicated that the fee for the lots should be increased; and the Cemetery Board is currently reviewing the rates. The Cemetery Board's recommendation 05-09-83 U64 will then be submitted to the Commission for action. The City Manager then stated that if the Commission desires a report on the Cemetery Division operating budget, it should be submitted at the same time as the recommendation for cemetery lot fees. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the Director of Finance reports on the Cemetery Division operating budget and the Cemetery Perpetual Care Trust Fund. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Consent Items City Manager Evans presented to the Commission the following items: Application for Beer License - Northern Plains Resource Council - May 27, 1983 Request for permission to use parkin stalls in front of store - wen ouse ardware - une 3-4, 1983 and to conduct wagon rides within the area Request - permission to hang banner across Main Street - Northern Plains Resource Council Proclamation - "Small Business Week" - May 8-14, 1983 Proclamation - "American Indian Da " - May 13, 1983 roclamation - ational nsurance omen I s eek - ay 15-21,1983 Report - Building Inspection Division for Apri I 1983 Annual report - Police Division for Calendar Year 1982 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary steps on these items. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Executive Session - labor negotiations Mayor Stiff called an Executive Session of the Commission at 8: 40 p. m. for the purpose I of discussing labor negotiations and requested that all persons except the Commissioners, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and the Clerk leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 9: 1 5 p. m. and reconvened the meeting. Adjournment - 9:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Hayor ATTEST: Clerk of the Commission I 05-09-83