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HomeMy WebLinkAbout1983-05-23 UB2 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 23, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 23, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commis- sion Norman. 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 16, 1983 was deferred for one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Award Bid - Water System Improvements, Project Group II, Schedule I (Garfield Trunk Water Line - This was the time and place set to award the bid for the Water System Improvements, Project Group II, Schedule I. This project is more commonly referred to as the Garfield Trunk Water Line. City Manager Evans read a letter received from Thomas, Dean and Hoskins just prior to the meeting. The consulting engineer recommended the bid be awarded to Underground Construction of Bozeman in the bid amount of $131,502.00, it being the lowest bid. City Manager Evans stated he concurred with this recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid for the Water System Improvements, Project Group II, Schedule I, be awarded to Under- ground Construction of Bozeman in the base bid amount of $131,502.00. The motion carried by I 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. Decision - application for renewal of Kennel License - Calendar Year 1983 - Joan Hudson, 418 South Bozeman This was the time and place set for a decision on the application for renewal of the Kennel License for the Calendar Year 1983 for Joan Hudson, 418 South Bozeman. City Manager Evans recommended approval of this application renewal. Commissioner Vant Hull stated that Mrs. Hudson has installed a higher fence around her kennel. Commissioner Vant Hull stated she felt the higher fence should take care of the prior problems. Commissioner Mathre concurred that the fence should take care of the problem. Mayor Stiff noted that Mrs. Hudson is aware the Commission is interested in this use and he felt she will be taking precautions to ensure that problems do not arise. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for the renewal of the Kennel License for the Calendar Year 1983 for Joan Hudson, 418 South Bozeman. 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. Decision - vacation of alley west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of the North Seventh Addition I This was the time and place set for a decision on the requested vacation of the alley west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of the North Seventh Addition. City Manager Evans stated that since there were no objections to this re- quested vacation, he would recommend approval. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the request for vacation of the alley west of North Fifth Avenue and south of 05-23-83 U83 West Aspen Street, located in Tract 1 of the North Seventh Addition. The motion carried by the followi ng Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Permit - Kenneth and Ruthmary Tonn - change use from nonconformin e and reakfast Inn - Lots 7-10, Block H, Alderson s ditlOn I This was the time and place set for a decision on the Conditional Use Permit requested by Kenneth and Ruthmary Tonn for a change of use from a nonconforming four-plex to a non- conforming Bed and Breakfast I nn on Lots 7-10, Block H, Alderson's Addition, or more commonly known as 319 South Willson Avenue. Mr. Ben Berg, attorney representing residents of South Willson Avenue, addressed the Commission and stated his desire to be heard. Mayor Stiff informed Mr. Berg the public hearing had been held the week previously and those persons wishing to be heard were allowed to speak at that time. Mr. Berg stated he wished the record to show that he was voicing an objection and disagreed with the interpretation of the City Attorney of the ordinance regarding the pro- posed use. City Manager Evans stated that additional information had been brought into the City office earlier this date. He asked the City Attorney to give an update of the situation. City Attorney Crumbaker-Smith stated that Mr. Berg had earlier left information with her contending that in accordance with the Zoning Code, Conditional Use Permits are restricted to those uses listed in the Conditional Use section. She stated that after looking at the code and discussing it with John Moss, Planning Director, it was obvious that an individual would not have to go before the Commission if the intended use was not a nonconforming one. City Attorney Crumbaker-Smith stated it was at the Commission's discretion to determine whether the intended use is as equally appropriate or more appropriate than the existing use. City Manager Evans stated in view of the Zoning Commission's recommendation, he would I recommend that the Commission approve this Conditional Use Permit subject to the conditions as recommended by the Zoning Commission. Commissioner Weaver stated he was in favor of granting the Conditional Use Permit for the reasons that he feels the use will not distract from the historic nature of the neighborhood and that the intended use is less nonconforming that the existing use. Ben Berg questioned the fact that the only zoning that permits boarding houses is the R-3 zoning, and that the requirements for a boarding house states that it shall consist of one living unit and three boarding units. Mr. Berg asked if the proposed use is to be considered a double occupancy or if it will be an expansion of that use. Mayor Stiff, after conferring privately with the City Attorney and City Manager, stated the matter being brought up by Mr. Berg is over and beyond the inquiry made of the City Attorney earlier in the day. Mr. Berg stated he desired the record to show he had made a request to be heard on the interpretation of the zoning code. Commissioner Vant Hull stated she had talked to South Willson residents and felt that Wi IIson Avenue has held its historic nature due to hard work by those residents. She stated since the residents have worked hard to preserve that quality and the majority of the residents do not desire the proposed use in the neighborhood, she could not support the requested Conditional Use Permit. Mayor Stiff stated due to the preponderance of objections received from the neighbor- hood residents, he felt the Commission would be doing no favor to the Tonns by permitting the I use amidst those feel ings. He noted that since the testimony of a reputable and respected realtor indicated the structure could reasonably be converted and sold for a one-family residence, he could not support the request for the nonconforming use. Commissioner Anderson stated she had known and visited the Elliotts when they resided in the South Willson residence. She stated she felt the proposed use of a bed and breakfast inn would be a good use for the structure and in keeping with the nature of the neighborhood. Commissioner Anderson added that the bed and breakfast inns in other town in the nation are credits to their neighborhoods. 05-23-83 U8l,c It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Kenneth and Ruthmary Tonn for a change of use from a nonconforming four-plex to a nonconforming Bed and Breakfast I nn on Lots 7-10, Block H, Alderson's Addition, or more commonly known as 319 South Willson Avenue. subject to the following conditions: " That the four-car garage be removed, and that the driveway and parking area be paved to an asphalt standard, approved by the City I Eng i neer . 2. That the two northwest parking stalls that run parallel to the driveway not be included and that a curb cut to the alley not be used. This would provide sufficient turning radius for cars in the four parking stalls to the south. This would also make a total of six off-street parking spaces rather than the two that are now available. 3. That all parking areas be designated by pavement markings and wheel stops. 4. That a curb be installed to the City Engineer's standards along the northern boundary of the driveway and parking area. This will define the drive area and protect neighboring property. S. That landscaping, shrubbery and trees be pruned and maintained on the property; that the two trees on the south side of the driveway not be removed; that replacement trees be planted now for any trees that appear in an unhealthy state so that replacements will be started when the unhealthy trees have to be removed in the future; and that the hedge row along the west side of the property be continued to the north property line at the time of the removal of the garage. 6. That the exterior building condition be improved in that replacement or repair of the rear entrance stairs take place at the north entrance; that the porches on the east and south sides of the structure be painted and repaired; and that it be encouraged to repoint the brick on the entire structure, but that it be required to repoint the brick around windows and doors and repair existing loose or deteriorating brick. 7. That the sign be located on the south side of the front entrance as you I enter the front door; that the sign not be neon or flash in any way; and that the sign not be larger than 24 inches by 36 inches. 8. That the structure be owner-occupied if it is to be used as a bed and breakfast inn. In event of non-occupancy of the owner, the Conditional Use Permit should become null and void. 9. That all required improvements shall be installed in accordance with an improvements agreement with the City of Bozeman. The owner may occupy the structure but the property may not be used for a bed and breakfast inn until all improvements required by the permit shall have been completed and accepted by the City, or until a financial guarantee equal to 1 i times the amount of the cost of the scheduled improvements shall be provided to secure completion. 10. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted 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. 1" All on-site improvements (i.e. paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. 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 applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be I made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. Occupancy of the proposed use will be limited to seven accommodations. 13. 14. The proposed bed and breakfast use is to be defined as a single family structure, owner-occupied, renting overnight accommodations and pro- viding breakfast only to those persons renting the accommodations. 05-23-83 USS The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson and Commissioner Mathre; those voting No being Commissioner Vant Hull and Mayor Stiff. West Compan - allow expansion of existin business ana Building I This was the time and place set for a decision on the Conditional Use Permit requested by the Wild West Company to allow the expansion of the existing business at 1410 North Rouse Avenue, or more commonly known as the old Summit/Dana Building. City Manager Evans noted the Zoning Commission had recommended approval of the Conditional Use Permit subject to three conditions. He stated he concurred with this recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by the Wild West Company to allow for the expansion of the existing business located at 1410 North Rouse Avenue, or more commonly known as the old Summit/Dana Building, subject to the following conditions: 1. That the final parking and landscaping plans processed with the previous application approved by the City Commission on March 7, 1983, be held valid for this application. 2. That all on-site improvements (i.e. paving, landscaping, etc.) shall be completed within 18 months of issuance of the Conditional Use Permit or by the time frame agreed to within the improvements agreement. 3. That a new Conditional Use Permit be issued and that it shall be valid for a period of only 18 months following the 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 and a report made to the City Commis- sion for their action. If all required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - Charles Slater - allow an auto and truck parts ware ouse and service shop on Lot 6, c esney ndustrial Par i I kerson This was the time and place set for a decision on the Conditional Use Permit requested by Charles Slater to allow an auto and truck engine parts warehouse and service shop on Lot 6, McChesney Industrial Park. The site is located on Gilkerson Drive. City Manager Evans noted the Zoning Commission had recommended approval of the use subject to 14 conditions. City Manager Evans stated he would recommend the Commission approve this Conditional Use Permit subject to the 14 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 Charles Slater to allow an auto and truck engine parts warehouse and service shop on Lot 6, McChesney Industrial Park, more commonly known as being located on Gilkerson Drive, subject to the following conditions. 1. ' That a planting legend be included on the final site plan as required in Section 15.52.130 of the Zoning Code. 2. That the access, paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 3. If the rear of the lot is to be used for storage, it shall be fenced as required in Section 18.50.130 of the Zoning Code. I 4. That the final site plans illustrate where the snow removal areas are to be located. s. If the refuse container(s) are to be located on the exterior of the build- ing, that it be screened from view from Gilkerson Drive as required in Section 18.62.120 of the Zoning Regulations. 6. That exterior security lighting be provided for the off-street parking area. 7. That the signing detail be included on the final site plan. Said signing 05-23-83 . U85 shall be non-illuminous in nature and be in compliance with Chapter 18.41, "Transitional District". 8. That the landscaped areas have a lawn irrigation system made available to it to keep it in a healthy state. 9. That striping be provided to identify the off-street parking stalls and that dimensions be provided for the parking stalls, driving aisle, etc. 10. That the curbing and paving detail be referred to on the final site plan I to clearly illustrate the areas in which it is to be installed. 11. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to 1 i times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans, and methods of security shall be made part of that agreement. 12. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted 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 Planning Director; one signed copy shall be retained by the Building Division; and one signed copy shall be retained by the appl icant. 13. 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. 14. 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 shall be permanently renewed. 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; I those voting No, none. Continued discussion - request for permission to 0 erate mobile concession stand at North rand ballfield and Kirk ark ballfields - Fifth ce Saloon Assistant Manager Barrick stated he had looked into this operation after last week's meeting. He stated his investigation disclosed that the softball association purchases the necessary permits and then leases the concession to Phil Schneider and Joe DiMarco. He stated the contract states that 16 percent of the proceeds goes back to the softball association. City Manager Evans recommended that the Commission approve this request for permission to operate a mobile concession stand at the North Grand ballfield and Kirk Park ballfields with the stipulation that they operate under a similar type of contract with the softball association. Teresa Blackwood, secretary of the softball association, addressed the Commission. She stated the association was agreeable to working out a contract with the parties involved in the mobile concession stand. Mrs. Blackwood stated the association would be responsible for the maintenance and clean up of the ballfields. Carson Davis, proposed concession operator, addressed the Commission and informed them that the Fifth Ace Saloon is only involved as a place for preparation, storage and clean up. Mr. Davis stated he would only be interested in operating a concession stand regularly at the North Grand ballfield and at Kirk Park only during tournaments. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission grant the applicant, Carson Davis, permission to operate a mobile concession stand during soft- I ball games at North Grand ballfield and during softball tournaments at Kirk Park ballfields contingent upon a contract being negotiated between the applicant and the softball association. 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. 05-23-83 USl Continued discussion - request for development of community garden for low-income residents at Westlake Park City Manager Evans noted this item was carried over from last week's meeting for dis- cussion. He stated he sees no problem with this idea. Mr. Evans stated there would be some costs involved but as yet these have not been determined. He stated he felt it should be the I City's prerogative to designate the location of these gardens, where they would be in the best interests of all parties. He added that it was too late to undertake the actual gardening this year but that if Commission authorization is given, the City staff can proceed with plans to have the general garden area plowed this summer and the project would then be ready to proceed next spring. City Manager Evans stated the City will not take any responsibility for vandalism should it occur in the garden areas. Mary Martin, Gallatin County Food Bank, addressed the Commission. She stated she realized there would be a large cost involved to establish these gardens. She expressed apprecia- tion for the Commission's agreement of the general concept. Ms. Martin stated her office is wi II ing to work with the City to negotiate the details. City Manager Evans asked the Commission to authorize the City staff to conduct meet- ings with the Gallatin County Food Bank in order to come up with an acceptable proposal to bring back to the Commission for approval. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the City staff to conduct meetings with the Gallatin County Food Bank in order to negotiate an acceptable proposal for the development of a community garden for low- income residents of Westlake Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commissioner Mathre abstained from the vote due to her involvement with the Food Bank. I Request for sign variance - Lynette's Lingerie, 17 South Tracy City Manager Evans presented to the Commission a request for a sign variance from Lynette's Lingerie, 17 South Tracy. City Manager Evans noted that Gene Yde, Building Official, was present to answer any questions the Commission might have. Commissioner Vant Hull questioned whether the sign is to be illuminated. Building Official Yde answered that it was an electric sign and will be illuminated. Commissioner Mathre noted the code does not prohibit illuminated signs. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request for a sign variance on behalf of Lynette's Lingerie, 17 South Tracy. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request for waiver of portion of Building Permit fee - Allen Electric - new construction at Montana State University Assistant City Manager Barrick presented to the Commission a request from Allen Electric for a waiver of a portion of the Building Permit fee for new construction being done at Montana State University. Assistant City Manager Barrick stated this request evolves as a result of the way the State issues a contract when letting multiple bids. Mr. Barrick stated the con- tract is normally let for the total amount of the project; when it is not, then the building permit fee is prorated among the contractors. Assistant Manager Barrick stated the Uniform I Building Code requires that a permit fee be based on the total cost of the project. Assistant Manager Barrick noted that Allen Electric is objecting to paying their share of the permit. When questioned by Mayor Stiff whether the City is assessing a fee more than the total contract amount, Mr. Yde replied that it was not. Mayor Stiff questioned whether the City had changed its policy as indicated in Mr. Allen's letter of April 22. Mr. Yde answere.d that this is the first time Mr. Allen has done business in the City of Bozeman and the City has not changed its policy regarding the issuance of building permits based on the total project cost. 05-23-83 ues Mr. John Allen, Allen Electric, addressed the Commission. He stated the State of Montana did not hold a pre-bid conference before letting the project in question. Mr. Allen stated that the Uniform Building Code fee schedule does not take into consideration the local government fees. He stated this is the first time he has been assessed a portion of the building permit fee. Assistant Manager Barrick stated that the Uniform Building Code has been adopted by I the State of Montana. He noted that in this case, the general contract was spread among numerous contractors. Commissioner Vant Hull asked if the electrical contractor is paying a disproportionate share of the fee. Assistant Manager Barrick replied that the electrical contractor is only paying his proportionate share of the total project cost. City Manager Evans noted that since Mr. Allen refers to other projects he has worked on located in other cities in Montana, he would recommend that the Commission defer action on this item until after contacts with the appropriate officials in the respective cities have been made to determine how the building permit fees were actually handled on those projects. The Commission concurred with this recommendation. Break - 5:25 to 5:30 p.m. Mayor Stiff declared a five-minute break at 5:25 p.m. to reconvene at 5:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Preliminar~ Plat Approval - Wood brook Townhouse Planned Unit Development Subdivision, Phases III D and I IE City Manager Evans presented to the Commission a request for Preliminary Plat Approval for Woodbrook Townhouse Planned Unit Development Subdivision, Phases III D and III E. Mike Money, Assistant Planner, presented the staff report. He stated that Mr. LeClair is requesting 12 townhouses in three principal structures, rather than 16 townhouses in four I structures as originally planned. Mr. Money noted the Planning Board had recommended approval of this project subject to eight conditions. Commissioner Vant Hull stated she had discussed this project with Mr. Walt Anderson of the Soi I Conservation Service and Mr. Anderson had written a condition concerning erosion measures. Commissioner Vant Hull read this condition to the Commission and stated she would like to have it added as a condition. Mr. Money agreed it would be acceptable to add the condition. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Preliminary Plat for Woodbrook Townhouse Planned Unit Development Subdivision, Phases IIID and IIIE, subject to the eight original conditions as recommended by the Planning Board, in addition to the condition concerning erosion control measures, as follows: 1. That an emergency access easement be provided to connect Woodbrook Lane to South Black Avenue. Said easement shall be wide enough to accommodate all City emergency equipment. 2. That the easement area be kept free from all trees, shrubs, etc., that may impede or stop use by emergency equipment. 3. That the plans and specifications for the fire lane be reviewed and approved by the Bozeman Fire Chief. 4. That the access drive to Unit "B" at the corner of Hoffman Street and South Black Avenue be extended to provide adequate room for ingress and egress. I s. That the elevation of the floodplain and proposed finished floor elevations be provided. The main floor of the units should be a minimum of two feet above the floodplain. 6. That the paving, drainage, water, and sanitary sewer lines be reviewed and approved by the City Engineer prior to final plat approval. 7. That the developer enter into an Improvements Agreement guaranteeing the completion of all improvements. If the final plat is to be filed prior to their installation, the developer shall supply a method of security equal to 1 i times the estimated cost of the scheduled improvements. 05-23-83 Ll88 8. That the private drive be relocated off the site of the proposed project. 9. That an erosion control plan for sediment production to the stream be included with approval of this project. Portions of the erosion control plan should include, but not be limited, to the following: a. Removal of soil or land shaping for construction of grade, foundations or streets will not be wasted over stream banks. If I ~astage is required or shaping needed over stream banks, a 310 Streambed and Land Preservation permit will be required. b. Drainage from exposed soil surfaces will be over well-vegetated ponding areas to remove sediment prior to release to stream channels. 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. Commission Resolution No. 2451 - intent to annex Phase J J, Westridge Meadows Planned Unit Development City Manager Evans presented to the Commission, Resolution No. 2451, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2451 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF -LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Commission Resolution No. 2451 and set the public hearing date for I June 20, 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. Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties City Manager Evans presented to the Commission, Resolution No. 2452, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2452 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Evans noted that the conditions as requested by the Commission at last week's meeting have been incorporated into this Resolution. Commissioner Mathre stated she was still opposed to reviewing this proposed annexation. Commissioner Mathre cited a letter received from the developer of the proposed Bridger Canyon Townhouses, whose annexation request had been deferred. She stated she feels an inequity exists in considering some annexations, but refusing to consider others. Commissioner Anderson stated she feels the City has not yet adequately addressed the I water issue connected with this piece of property and therefore she could not support this annexation. Commissioner Vant Hull stated she feels the language that has been incorporated into the Resolution by mutual agreement covers this issue. She stated she feels that Commissioner Mathre is right in saying that each annexation request should be considered on its own merits. It was moved by Commissioner Weaver, sec'onded by Commissioner Vant Hull, that the Commission finally adopt Commissioner Resolution No. 2452 and set the public hearing date for June 20, 1983. The motion carried by the following Aye and No vote: those voting Aye being 05-23-83 U9U Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Anderson and Commissioner Mathre. Ordinance No. 1132 - revisin Ordinance re limitation on the number of e ectronic poker mac ines per City Manager Evans presented to the Commissioner, Ordinance No. 1132, entitled: I ORDINANCE NO. 1132 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. City Manager Evans recommended that the Commission finally adopt Ordinance No. 1132 revising the Business License Ordinance regarding the limitation on the number of electronic poker machines permitted per establishment. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1132 revising the Business License Ordinance regarding the limitation on the number of electronic poker machines permitted per establishment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Request - permission to address Commission - Jerry Prescott - re garbage assessment Jerry Prescott, a resident of the City of Bozeman. addressed the Commission and asked the Commission to consider cutting out garbage assessments for individuals over the age of 75. He stated he feels these senior citizens have paid taxes most of their lives and should now be exempt. Mr. Prescott also stated he feels the garbage fee schedule should be based upon the number of cans that are picked up. I Commissioner Weaver assured Mr. Prescott that his input will be considered by the Commission. Recess ~ 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for the purpose of completing the routine agenda items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of completing the routine agenda items. Request - permission to allow concession stand in Beall Park - Old West Australian Shepherd Club - July 15-17, 1983 City Manager Evans presented to the Commission a request on behalf of the Old West Australian Shepherd Club for permission to allow a concession stand in Beall Park on July 15-17, 1983. City Manager Evans 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 non-profit youth activity. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull. that the Commission approve the request submitted by the Old West Australian Shepherd Club for per- mission to allow a concession stand in Beall Park on July 15-17, 1983, with the condition that I 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 Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Kennel License - Calendar Year 1983 - Jena M. Nash, 2112 North Rouse City Manager Evans presented to the Commission an application for Kennel License on behalf of Jena M. Nash, 2112 North Rouse. City Manager Evans noted that a report had been 05-23-83 U9 1. . received from the two Animal Control Officers, who recommended approval of the license appli- cation with the condition that it can be suspended or revoked should any of the dogs in this kennel become a problem. Mr. Evans recommended approval of this application subject to the condition suggested by the Animal Control Officers. Commissioner Vant Hull stated she felt the proposed area appears to be appropriate for I such a license, in that it is located near the Animal Shelter and is not in a congested residential neighborhood. City Manager Evans noted that it might be appropriate for the Planning Staff to look into the matter of revising the Zoning Ordinance so that it limits the zoning in which a kennel can be located. The Commission concurred with City Manager Evans on this matter and directed the staff to investigate this point. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for Kennel License for the Calendar Year 1983 for Jena M. Nash, 2112 North Rouse Avenue, subject to the condition that the license can be suspended or revoked should any of the dogs become a problem. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to use sidewalk for anniversary sale - Bozeman Army Navy Store - May 27-28, 1983 City Manager Evans presented to the Commission a request on behalf of the Bozeman Army Navy Store for permission to use a portion of the sidewalk in front of their store in connection with their anniversary sale. City Manager Evans noted the Commission has ap- proved similar requests in the past. Mr. Evans stated the Bozeman Downtown Association had indicated they would write a proposal dealing with the use of the sidewalk area for sidewalk sales. City Manager Evans stated he has not received anything of this nature to date. Mr. I Evans stated in view of the fact the Commission has approved this type of request in the past, he would recommend approval of this request. Commissioner Vant Hull stated in conversation with Mr. Jim Bangs of the Downtown Association, he had indicated a policy regarding sidewalk sales had been written. Commis- sioner Vant Hull stated she indicated to Mr. Bangs to her knowledge this poljcy had not been received by the City. She stated Mr. Bangs indicated he would see that the City did receive a copy. Commissioner Mathre noted the Army Navy Store is in constant violation of the Ordinance which prohibits impediment of the sidewalk. She stated the store uses the sidewalk for signs and other displays which obstruct the sidewalk. City Manager Evans stated the Commission should deal with the obstruction matter as a separate issue from the request before them at this time. The Commission instructed the City Attorney to write the Bozeman Army Navy Store in- forming them of the Ordinance in which they are in violation by impeding the sidewalk with display items and the consequences thereof. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request of the Bozeman Army Navy Store for permission to use a portion of the sidewalk located in front of their place of business for their anniversary sale on May 27-28, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Weaver. I Continued discussion - Commission representation at "Preparedness Workshop on Local Economic Development", Helena, Montana - June 7-8, 1983 City Manager Evans indicated this item had been continued from last week's meeting. Commissioner Vant Hull noted that Mike Money, Assistant Planner, had informed her he would contact the various business people mentioned in this memorandum to attempt to get a car load of people to attend this workshop. Mayor Stiff stated he would be attending this workshop but would be traveling in his own automobi Ie. 05-23-83 U92 The other Commissioners indicated they would be unable to attend this workshop due to prior commitments. Commissioner Anderson stated she felt a team report from those attending this workshop would be beneficial to the Commission. Commission Resolution No. 2449 - proposed Capital Improvement Program I City Manager Evans presented to the Commission, Resolution No. 2449, as prepared by the City Attorney, entitled: COMMISSION 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 IMPLE- MENTATION THEREOF. Mayor Stiff expressed concern as to how far to extend the Capital Improvement Program. He stated he had gone back through the budget files for the past four years to attempt to get an idea of capital items that have been budgeted in the past. He stated he was unable to ob- tain any helpful information prior to 1980. Mayor Stiff stated he had gone through the ordinances and budgets for the years ending June 1981, 1982 and 1983 to try to isolate in- dividual items listed in those three years. He noted that he found there were 15 items in the $5,000 to $10,000 range, 13 items over $10,000, and a myriad of small ones. Mayor Stiff stated he had discussed with Amy Swan, Finance Director, the matter of putting these items on the computer. He stated Ms. Swan assured him there would be no problem and that the program could be set up to include all the inventoried items as well. Mayor Stiff stated that in discussing this proposed program with Mr. Nick Gray, Mr. Gray had indicated he felt the proposed capitalization figure was too low. Mayor Stiff stated, however, that he would still prefer to use the $1,000 figure until further research and ex- perience indicates otherwise. He stated he feels the Capital Improvement Program budget would give the City management a tool for uniformity. I City Manager Evans concurred that the $1,000 figure would be an appropriate one with which to start. City Manager Evans stated he had no problem with trying the program. Mayor Stiff noted in the staff report regarding this program, it states a committee will be formed comprised of City staff and two individuals from the public sector. Mayor Stiff stated the Resolution itself contains no mention of this committee. He questioned whether this should be incorporated into the Resolution. City Manager Evans replied that he felt it would not be necessary, providing that it is carried out in a manner acceptable to the Commission. City Manager Evans stated he would make the necessary changes in the Resolution in relation to the cost limitations. Mr. Evans stated as he understands it, anything below $1,000 will come out of the operations and mainte- nance budget, that an "x" amount of dollars will be set aside for budgeted items in amounts of $1,000 to $10,000, and anything over $10,000 will be put on the Capital Improvement Program budget. Commissioner Anderson expressed the opinion she feels once the Capital Improvement Program budget is in place, it could lead to innovative ideas for funding, such as grants. City Manager Evans stated he would reschedule this Resolution to come back before the Commission, possibly on June 6, 1983, after the appropriate changes have been made. fees for FY 1983-84 I 1983-84 City Manager Evans requested that the Commission acknowledge receipt of the preceding three items and defer any discussion or action until a future date. Mayor Stiff stated he had noted that debt retirement had not been used. He questioned whether consideration should not be given to this. He noted that the principal and interest should probably be considered as cost because no amortization of land has been considered in the staff report. 05-23-83 U83 It was the general consensus of the Commission that action on the above three items be deferred until a future date. Report from CDBG Committee and Housin Committee re worksho with Mike Ross, Housin ssociates, I Ings, on uesday, May 4, 1983 I City Manager Evans distributed copies of a memorandum received from John Moss, Planning Director, just prior to the meeting. This memorandum expressed support of hiring a consultant to help in the preparation of the CDBG housing application. Commissioner Vant Hull stated that due to the lack of time, this item is only now before the Commission. She stated there is to be a workshop on Tuesday, May 24, 1983, with Mike Ross, Housing Development Associates, who will travel here from Billings. She stated the Committee is requesting the City of Bozeman to pay a portion of Mr. Ross' travel expenses. Commissioner Vant Hull stated that Jeff Rupp of HRDC has indicated that HRDC will pay the total cost of bringing Mr. Ross here if the City declines to pay a portion. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the expenditure of $100 from the Commission's travel budget to pay in part the expenses of a consultant from Bi lIings by the name of Mike Ross, Housing Development Associates, for the purpose of assisting the City-County Planning Office in assessing the CDBG housing application. 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. Evaluation of Commission employees City Manager Evans noted this item had been added to the agenda at the request of Commissioner Vant Hull. Commissioner Vant Hull stated she felt this should be a high priority item and felt the I Commission should consider the format and schedule of same. It was the mutual consensus of the other Commissioners the schedule for the Commission is full at the present time and this item should be postponed until a future date. Commissioner Weaver stated he felt this item should be scheduled for a Saturday morning workshop. Consent Items items: It was moved by Commissioner Weaver, 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 Weaver, Commissioner Vant Hull, I Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Adjournment - 8:08 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being 05-23-83 U94 Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: I / J(aI~//b;vnu2AA / Acting Clerk of the Commission I I 05-23-83