Loading...
HomeMy WebLinkAbout1983-07-05 1Gb MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 5, 1983 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, July 5, 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 Math re . The minutes of the regular meeting of June 27, 1983 were approved as corrected. Action on the minutes of the regular meetings of June 13, 1983 and June 20, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be removed for discussion. Open bids - construction of employee residence at the Water Treatment Plant This was the time and place set for the opening of bids for the construction of an employee residence at the new Water Treatment Plant. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids for the construction of an employee residence at the new Water Treatment Plant be opened and read. 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. I The following bids were then opened and read: J. R. Baker Con- Robert A. Taylor struction Company, Construction, Inc. Bozeman, MT Bozeman, MT License No. 3514A License No. 1890A Base Bid $51,770.00 $58,879.00 Alternate No. 1 675.00 574.00 Alternate No. 2 2,930.00 2,871.00 Alternate No. 3 2,880.00 2,821.00 Alternate No. 4 440.00 621.00 City Manager Evans recommended that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2451 - intent to annex Westrid e Meadows Planned Unit evelopment, ase This was the time and place set for the decision on Commission Resolution No. 2451, as prepared by the City Attorney, entitled: I 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 PARTI- CULARLY 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 Commission had conducted the public hearing on the intent to annex Westridge Meadows Planned Unit Development, Phase II, on June 20, 1983. The 07-05-83 166 City Manager then stated that on April 19, 1982 the Commission had approved the overall plan for the Planned Unit Development and approved exemption from preparation of an Environmental Impact Statement for the development on the condition that it would be serviced by public water and sewer utility systems. The developer has already incurred expenses for the extension of these services to Phase II of the development. Also, at its April 19, 1982 meeting, the Commission required that the developer submit a Waiver of Protest of Annexation for the property I involved in this development as a condition for approval of the overall plan for the Planned Unit Development. The City Manager recommended that the Commission approve the requested annexation, in conformance with previous Commission actions and due to the fact that the developer has in- curred costs as the result of conditions previously attached to the Planned Unit Development. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the requested annexation of the tract of land commonly referred to as West- ridge Meadows Planned Unit Development, Phase II, lying immediately west of and adjacent to Valley View Golf Course. 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 - Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties This was the time and place set for the decision on 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 PARTI- CULARLY 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 stated that the Commission had conducted the public hearing on the I intent to annex the Sourdough Creek Properties on June 20, 1983. The City Manager then recommended that the Commission defer a decision on this requested annexation for a period of 90 to 120 days. He indicated that information recently received may help in preparing criteria for annexation. He noted that Cities across the United States have developed policies and goals for annexations, from which criteria are developed. He stated that the City could review pol icies and goals developed by other cities and develop a policy for Bozeman in less time and easier than originally anticipated. Commissioner Weaver stated that the Commission has previously adopted Commission Resolution No. 2452, stating the City's intent to annex this parcel of property; and he feels that the annexation is in the best interests of the City. He stated the one unanswered ques- tion at this time concerns the adequacy of the current water supply. He indicated that the study being undertaken will help to better estimate the City1s capacities; and research on the applicant's proposal to transfer five shares of Mystic Lake water rights to the City for this annexation will possibly alleviate some of the concerns about the water supply. Commissioner Weaver then indicated that he owns property in two Special Improvement Districts that will receive paybacks if the Sourdough Creek Properties is annexed. He then stated that he will abstain from voting on annexation due to the fact that he may realize a pecuniary benefit. Commissioner Anderson stated that the proposed annexation would be advantageous to the City, but until the status of Mystic Lake Dam is established and the status of the water rights proffered has been reviewed by an independent consultant, no action should be taken on I the requested annexation. Commissioner Weaver then noted that the City has received two separate letters from Mr. Carter Williams concerning the transfer of water rights. He noted that the Commission should acknowledge _ receipt of those letters and indicate interest in those water rights if action is deferred at this meeting. Commissioner Vant Hull stated that she feels there are several reasons to annex the subject property. She noted that this property lies on that portion beyond the city limits 07-05-83 167 where growth is taking place; the proposed zoning would be in conformance with the Master Plan; and the proposed zoning would provide the type of lots to prospective residents of Bozeman that are not currently available. She also noted that the Commission has received more than 100 pages of information on this requested annexation; and she does not feel that a deferral would be in the best interests of the City. I Mayor Stiff noted that the Commission has spent many hours in public hearings on the proposed development of this tract of land. He stated that the value of the water rights prof- fered to the City must be determined prior to making a decision on this annexation. He indi- cated that he would support a deferral of the decision because the construction season will be closing before the developer has an opportunity to begin construction. Commissioner Mathre noted that about three years ago, the Commission considered a policy requiring that all annexed properties contribute the water rights attached to that property to the City. The City was unable to implement that policy. She then indicated concern that the City will be unable to use the water rights proffered by Mr. Carter Williams. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commis- sion defer action on the requested annexation of the Sourdough Creek Properties, containing approximately 32 acres located between South Third Avenue and Wagon Wheel Road, for a period of 90 to 120 days, pending development of criteria for annexations. 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, none. Commissioner Weaver abstained. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to send a letter to Mr. Carter Williams acknowl- edging receipt of his two letters proffering water rights to the City and communicating the City.s interest in exploring the value of those water rights to the City. 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. I This was the time and place set for the decision on the Zone Map Change from RS-l to R-l requested by Clair Daines for that tract of land lying in the SEl, 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. The City Manager noted that this is the same parcel of land considered for annexation in the previous item. City Manager Evans noted that the Commission had conducted the public hearing on this requested Zone Map Change on May 2, 1983. At its regular meeting of May 9, 1983, the Commission deferred action on this request pending action on the annexation request. The City Manager then recommended that the Commission either defer action on the Zone Map Change until action has been taken on the annexation request or approve the Zone Map Change, contingent upon approval of the annexation request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Zone Map Change from RS-l to R-l requested by Clair Daines for that tract of land lying in the SEl, Section 24, Township 2 South, Range 5 East, MPM, more commonly designated as approximately 32 acres lying between South Third Avenue and Wagon Wheel Road, across South Third Avenue from the Figgins Addition, contingent upon annexation of the subject parcel. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained. Decision - Commission Resolution No. 2453 - garbage collection fees for Fiscal Year 1983-84 This was the time and place set for the decision on Commission Resolution No. 2453, as prepared by the City Attorney, entitled: 07-05-83 1G8 COMMISSION RESOLUTION NO. 2453 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PRO- VISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Evans stated that the Commission had conducted the public hearing on I June 20, 1983. The City Manager then recommended that the Commission defer the decision on this matter to allow the staff time to complete a further analysis of the costs involved in the garbage collection process. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer a decision on Commission Resolution No. 2453, setting the garbage collection fees for Fiscal Year 1983-84, to allow the staff time to complete further analysis of the costs of garbage collection. 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. Decision - Commission Resolution No. 2454 - landfill fees for FY 1983-84 This was the time and place set for the decision on Commission Resolution No. 2454, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2454 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. City Manager Evans stated that the Commission had conducted the public hearing on June 20, 1983. The City Manager then recommended that the Commission defer the decision on this matter to allow the staff time to complete a further analysis of the costs involved in I operation of the landfi II. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission defer a decision on Commission Resolution No. 2454, setting the landfill fees for Fiscal Year 1983-84, to allow the staff time to complete further analysis of costs involved in operation of the landfi II. The motion carr~ed 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. Request - Bozeman Ja ceens and Beartooth Productions, Inc. - discussion re reduction in fees for oiler room operations City Manager Evans stated that the Beartooth Productions, I nc., has requested permis- sion to address the Commission concerning license fees for boilerroom operations. Ms. Barbara Garritson, Manager of Beartooth Productions, Inc., in Bozeman, stated that the company paid $200.00 for her investigation fee; and she was born and raised in Bozeman. She stated that the fee was lowered to $50.00 per person just a few days after the investigation fee had been paid for her. Ms. Garritson stated that the current Ordinance requires that each person involved in a boilerroom operation is to be investigated. She suggested that the Ordinance be revised to state that those persons responsible for the money received through the boi lerroom operation or management of the company be investigated. Ms. Garritson indicated that the turn-over in employees is high and that she has employed twenty people in the past two months. I Ms. Garritson then stated that the license fee of $100.00 per week for a boilerroom operation is high compared to other business license fees in this City. She noted that Missoula, Great Falls and Helena charge $20.00 per week in license fees; Butte charges $50.00 per year; and Billings charges $40.00 per year. Also, the City of Bozeman requires a $10,000.00 bond, while the next highest bond required in the state is $1,500.00. Ms. Garritson then stated that with the tightened money market, many organizations are now relying on telephone solicitation to raise funds because of cutbacks in government funding 07-05-83 IG~ and other funding sources. She stated that boilerroom operations will not be successful in Bozeman if the fees are not lowered. Ms. Garritson indicated that Beartooth Productions, I nc. , is a state-based profit organization with the central office located in Billings. Commissioner Vant Hull asked how much of the money brought in through the boilerroom operation is returned to the organization hiring the telephone solicitation service. I Ms. Garritson stated that the percentage of the money given to the organization is negotiated and varies. She indicated that on a recent money-raising campaign, she received only enough monies to pay the business expenses and the organization's share. There was no money left to pay Beartooth Productions for the campaign. Commissioner Vant Hull indicated that several complaints have been received from people in this area because they do not like telephone solicitations. Ms. Garritson stated that she controls the business which she operates and monitors those employees placing the calls. She also stated that she checks with the City and Gallatin County on a frequent basis to see if any complaints have been filed on her business. She realizes that many people feel that telephone solicitation is an invasion of privacy. Mrs. Gail Figgins, member of the Bozeman Jayceens, stated that their organization has many things going at once and hired the Beartooth Productions, Inc., to do the telephone solicitation for fund raising. She suggested the possibility of not requiring a license fee if the fund raising is for a non-profit organization. Mayor Stiff stated that the City must be prepared to deal with all types of boilerroom operations. He noted that the City has had several bad experiences with boilerroom operations. Commissioner Weaver asked if the Jayceens have raised funds through telephone solicita- tion in the past. Mrs. Figgins stated that they have not. Commissioner Mathre asked if most of the telephone solicitation is done for profit or- ganizations or for charitable purposes. I Assistant City Manager Barrick indicated that most of the telephone solicitation is done for profit. He further noted that few things cause more problems for the Police Division than boi lerroom operations because there is little or no way to track their locations. Commissioner Weaver asked if all employees must be investigated or if the managers would be ,the only ones needing investigations. Assistant City Manager Barrick stated that the staff will need additional time to research the Ordinance and possible alternatives . He also noted that if an out-of-town manager brings in his own employees, investigations should be done on each person. He indicated that it would be difficult, if not impossible, to use the location of the business as a determining factor in requiring the investigation fee. Mayor Stiff suggested that if legally possible, the investigation fees might be less for a cursory review of the employees than for a complete investigation on the manager of a boiler- room operation. The Commission deferred action on the requests submitted by Ms. Barbara Garritson to allow the staff time to study the matter. Break - 5:00 to 5:05 p.m. Mayor Stiff declared a five-minute break at 5:00 p.m., to reconvene at 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request - permission to conduct Craz 1983 - Bozeman Downtown Business ssoclatlOn I City Manager Evans presented to the Commission a request submitted by the Bozeman Downtown Business Association for permission to conduct the annual downtown "Crazy Days" sale on Saturday, July 23, 1983. The City Manager noted that conflicting dates for "Crazy Days" have been established, with a portion of the merchants planning to conduct sales on July 15 and 16 and another portion of the merchants requesting permission to conduct "Crazy Days" sales on July 23, 1983. The City Manager then recommended that the Commission approve this request to conduct the downtown "Crazy Days" sale on Saturday, July 23, 1983. 07-05-83 170 Mayor Stiff stated that he has talked to some of the merchants involved in the Bozeman Downtown Business Association, and they have indicated that they want a one-day only sale to be held on July 23, 1983. He stated that the merchants want quality in one event, as in the past, rather than two separate events on successive weekends. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Bozeman Downtown Business Association for I permission to conduct the annual downtown "Crazy Days" sale on Saturday, July 23,1983. 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. Request - permission to address Commission re sidewalk sales - Bill Sheehan, Bozeman Army Navy Store City Manager Evans stated that he talked to Mr. Bill Sheehan on Friday, at which time Mr. Sheehan gave him a copy of the advertisements for the "Crazy Days" sale to be held on July 15 and 16. The City Manager then recommended that the Commission approve the request submitted by the Bozeman Army Navy Store for permission to participate in the "Crazy Days" sale event to be held on July 15 and 16, 1983. Commissioner Vant Hull stated the City Commission should follow the City Manager's recommendation and not interfere with downtown businesses since they must decide how to best compete with the malls. Mayor Stiff stated that he feels the "Crazy Days" sale should be a united effort in the downtown area. Commissioner Mathre indicated that the "Crazy Days" sale on July 15 and 16 appears to be basically for Main Mall and University Square Mall rather than the downtown area. She noted that the malls do not need to request permission from the Commission because they are conducting the sale on private property rather than on public right-of-way. She then stated I that she would prefer to defer a decision on the request until after the Bozeman Downtown Business Association meeting to be held on Wednesday morning. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by Bill Sheehan, Bozeman Army Navy Store, for permission to participate in the "Crazy Days" sale to be conducted on Friday and Saturday, July 15 and 16,1983. It was then moved by Commissioner Weaver, seconded by Commissioner Mathre, that action on this request be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Vant Hull. Request - Gallatin Valley Emer ency Food Bank - chan e dates on previously approved carnival from uly 9, 1983 to ugust 13,1983 City Manager Evans presented to the Commission a request submitted by the Gallatin Valley Emergency Food Bank for permission to change the dates on the requested carnival from July 9, 1983 to August 13, 1983 due to scheduling conflicts within their organization. The City Manager noted that the Commission had approved the conduct of a carnival on June 13, 1983. He then recommended that the Commission approve the change in dates for the carnival. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request submitted by the Gallatin Valley Emergency Food Bank for permission to change the dates on the requested carnival from July 9, 1983 to August 13, 1983. The motion I 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 because she is a member of the Board of Directors. Ordinance No. 1134 - License fees for carnivals City Manager Evans presented Ordinance No. 1134, as prepared by the City Attorney, entitled: 07-05-83 111 ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 5.06.170(B) OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR LICENSE FEES FOR CARNIVALS, STREET FAIRS, TENT SHOWS AND THE LIKE. City Manager Evans stated that the Commission had provisionally adopted Ordinance No. I 1134 on June 20, 1983 and recommended that the Commission finally adopt this Ordinance, which will lower the license fees for carnivals from $30.00 per unit per day to $10.00 per unit per day. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1134, which wi II lower the license fees for carnivals from $30.00 per unit per day to $10.00 per unit per day. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Applications for renewal of Gambling Licenses - July 1, 1983 through June 30, 1984 - various appl icants City Manager Evans presented to the Commission the following list of applications for renewal of Gambling Licenses for the period July 1, 1983 through June 30, 1984: Name of Establishment Gambl ing Operations Amount paid Bozeman Senior Social Center Annual bingo $ 250.00 The Bowl One electronic poker machine 500.00 The Molly Brown One electronic poker machine 500.00 The Topper Motel and Lounge One electronic poker machine 500.00 TOTAL AMOUNT PAID $ 1,750.00 I City Manager Evans recommended that the Commission approve the renewal of Gambling Licenses as listed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the applications for renewal of Gambling Licenses for the period of July 1, 1983 through June 30, 1984, as listed above. 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. Application for Wine License - Red Barn Wine and Cheese Shop - July 6 through December 31, 1983 - City Manager Evans presented to the Commission an application for a Wine License, along with the required fee, submitted by the Red Barn Wine and Cheese Shop, 1534 West Main Street, for the period July 6, 1983 through December 31, 1983. The City Manager stated that the business has received a letter of temporary approval from the State and recommended that the Commission grant temporary approval pending receipt of the permanent State License. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission grant temporary approval of the application for a Wine License submitted by the Red Barn Wine and Cheese Shop for the period July 6, 1983 through December 31, 1983, pending receipt of the permanent State License. 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. I Application for Beer and Wine License - Mini Mart - July 6 through December 31, 1983 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, submitted by Mini Mart, 711 West College Street, for the period July 6, 1983 through December 31, 1983. the City Manager stated that the business has received a letter of temporary approval from the State and recommended that the Commission grant temporary approval pending receipt of the permanent State License. 07-05-83 172 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant temporary approval of the application for a Beer and Wine License submitted by Mini Mart for the period July 6, 1983 through December 31, 1983, pending receipt of the permanent State License. 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. I Authorize expenditure of amount not to exceed $25,000.00 for water I ine relocation alon Boulevard ue to new construction City Manager Evans presented to the Commission a request to authorize the expenditure of an amount not to exceed $25,000.00 for water line relocation along Kagy Boulevard. The City Manager stated that the twelve-inch water line which runs along Kagy Boulevard will be deeply buried under the present construction plans for Kagy Boulevard. Representatives of the State Highway Department met with City staff on Wednesday afternoon and have agreed to expend discretionary funds for a portion of the cost of raising the water line if the City will pay $25,000.00 of the cost. The total anticipated cost of the water line relocation is $55,000.00. The Director of Finance has indicated that the City has $25,000.00 available to spend for this project. The City Manager then indicated that this water line relocation would be a part of the contract for the Kagy Boulevard project; and the City would pay the money directly to the State. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the expenditure of an amount not to exceed $25,000.00 for relocation of a twelve-inch water line along Kagy Boulevard due to the new construction. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commission- er Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Agreement and Plans with State Highway Department re Kagy Boulevard I City Manager Evans presented to the Commission a Construction Agreement between the City of Bozeman and the State of Montana Department of Highways and a set of plans for the construction of Kagy Boulevard between South Third Avenue and Highland Boulevard. The City Manager recommended that the Commission authorize the Mayor to sign these documents. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion authorize and direct the Mayor and Clerk of the Commission to sign the Construction Agreement between the City of Bozeman and the State of Montana Department of Highways and the set of plans for the construction of Kagy Boulevard between South Third Avenue and Highland Boulevard. 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. Statement of Completion - Water System Improvements, replace crossing on East Gallatin River City Manager Evans presented to the Commission the Statement of the consulting engi- neers, Thomas, Dean and Hoskins, Inc., notifying the City that construction of the Water System Improvements, replacing the crossing on the East Gallatin River, by Underground Construction has been completed in accordance with plans and specifications. This final acceptance does not relieve the contractor of his responsibility for negligence or faulty materials or workmanship within the standard period provided for by law. The con- tractor has furnished a performance bond equal to the contract bid to guarantee materials and workmanship for a one-year period to commence upon final acceptance. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the project be accepted as completed. The motion carried by the following Aye and No vote: those voting Aye being CommissionfV Weaver, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre and Mayor Stiff; those voting No, none. . 07-05-83 1-13 Reconsideration of date set for work session on the "City Manager1s Estimate of Revenues and Expenditures for FY 1983-84 City Manager Evans stated that at last week's meeting, the Commission had set a work session for 1: 00 p. m. on Monday, July 11, 1983 for the purpose of meeting with department/ division heads concerning the "City Manager's Estimate of Revenues and Expenditures for Fiscal Year 1983-84." The City Manager stated that this scheduled meeting conflicts with the sched- I uled meeting of the Board of Adjustment, which has been advertised. City Manager Evans further stated that two department/division heads would be unable to attend the Commission's work session due to other commitments. Following a brief discussion, the Commissioners determined that Wednesday, July 13, 1983 would be the best date for a special Commission meeting on this matter. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission set Wednesday, July 13, 1983 at 2:00 p.m. as the time and date for a special Commission meeting to conduct a work session on the "City Manager's Estimate of Revenues and Expenditures for Fiscal Year 1983-84." 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. Acknowledge receipt of letter of resignation submitted by City Manager Evans City Manager Evans presented to the Commission his letter of resignation, effective December 31, 1983. The City Manager thanked the Commission for the opportunity to serve as City Manager of "home town" and thanked the City employees for their support, teamwork and cooperation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that, with great regret, the Commission accept the letter of resignation submitted by City Manager John Evans, to become effective December 31, 1983. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Consent Items City Manager Evans presented to the Commission the following items: Authorize Mayor to sign - Change Order No.1 - Sanitary Sewer Improvements, Schedule I - Tom Roe and Son Construction, I nc. - add $1,148.34 and two calendar days Application for Beer Licenses - Gallatin Valley Softball Association - July 9-10, 1983; July 16-17,1983; July 23-24,1983; July 30-31,1983; August 6-7,1983; August 12-14, 1983; and August 20-21, 1983 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 actions. 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. Recess - 5: 45 p. m . Mayor Stiff declared a recess at 5: 45 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of conduct- I ing the scheduled public hearings. Continued public hearing - Conditional Use Permit - White's Land Company for Gene Cook - allow mobile home display and sales on Lot 5, Block 1, Triangle Area AnnexatIon (2506 West Main Street) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Whitels Land Company for Gene Cook to allow a mobile home display and sales on Lot 5, Block 1, Triangle Area Annexation. This site is more commonly known as 2506 West Main Street. 07-05-83 1 7 Lt City Manager Evans stated that this public hearing was opened and continued on June 20, 1983 because the Zoning Commission had continued the hearing. The City Manager then stated that the applicant has submitted a letter of withdrawal of the application and recommend- ed that the Commission acknowledge receipt of that letter. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter of withdrawal submitted by the applicant. The I 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. Public hearin - Conditional Use Permit - McRay Evans for Asamera-Gasamat Oil Cor oration - allow a eauty college at 1118 est Lincoln oad This was the time and place set for the public hearing on the Conditional Use Permit requested by McRay Evans for Asamera-Gasamat Oil Corporation to allow a beauty college at 1118 West Lincoln Road. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Zoning Commission recommended approval of the request, subject to thirteen conditions. One of the conditions is that the application supply twenty-five off-street parking spaces. Sixteen of those parking spaces can be provided on the site; and the additional nine parking spaces are to be negotiated with adjacent property owners. Mr. Dick Prugh, Architect for the applicant, stated that the appl icant has agreed to provide all of the requirements recommended by the Zoning Commission. He noted that beauty colleges are not a listed use in the Zone Code; and the Building Official recommended that the applicant provide fifteen parking spaces, which is the number required for the professional and office buildings category. Mr. Prugh stated that the applicant has contacted adjacent property owners in the area. There is no other property in the area for sale; and the manager of the I Theatre Operators, I nc., and Mr. David Jarrett have indicated that they have no extra parking spaces that can be leased. Commissioner Anderson asked how many stations will be located in the beauty college. Mr. Prugh stated that twenty-eight stations wi II be provided in the structure. He then indicated that additional parking cannot be provided on the site because of setback and land- scaping requirements. Mayor Stiff stated concern because the parking requirements appear to be the pivotal point in the Zoning Commission hearing on this request. He noted that the applicant has attempted to meet those requi rements, but is unable to do so. Assistant Planner Mike Money stated that the Zone Code gives the Commission the authority to set the classification for a use that is not specifically listed in the Code. He noted that the Planning Staff report suggests that sixteen parking spaces may not be adequate to meet the needs of the fad Iity . He also noted that the Zoning Commission has recommended that twenty-five parking spaces be required, rather than the sixteen parking spaces proposed by the appl icant. Mr. McRay Evans, applicant, stated that he had talked to Mr. Dave Jarrett, owner of the apartments immediately adjacent to the subject property. He noted that over half of the beauty college students rent in Bozeman, and many would rent those apartments close to the beauty college. He stated that Mr. Jarrett has provided parking for those apartment units. Mr. Jarrett has also indicated that he would agree to Mr. Evans signing a lease for enough apartment units to provide sufficient parking if twenty-five off-street parking spaces are re- I qui red. Commissioner Vant Hull asked if the applicant intends to close the downtown location. Mr. McRay Evans stated that he is not going to close the downtown beauty college. He stated that his son, Max, will operate the beauty college located near the University. He stated that there are approximately thirty students in the downtown location at this time, and they would be split so that there are fifteen in each location. He does not foresee the entire twenty-eight stations in the new location being filled for up to five years. Mr. Evans stated 07-05-83 17:; that approximately seventy-five percent of their business is haircuts, which take approximately one-half hour. He then indicated that he feels the parking situation has been overstated. Mayor Stiff asked Mr . Evans if he would sign a lease for some of the apartments owned by Mr. Jarrett to meet the parking requirements. Mr. McRay Evans stated that he would if it is required. However, he does not feel that I parking will be a problem; and signing the lease would create a financial burden that he does not feel is necessary. Mr. Evans noted that a large portion of the beauty college clientele is University students, who would be walking. Also, he feels that many of the beauty college students would be renting apartments adjacent to the beauty college and would be walking to work. Mr. Max Evans stated that seventy-five percent of the clientele in the downtown location are University students. He noted that the subject site is centrally located in the housing in that area; and most patrons would walk to the beauty college. He further stated that the State will allow twenty-five students per instructor. Therefore, until another instructor is employed at some time in the future, not all of the stations would be filled. Mayor Stiff asked Mr. Evans if he feels that sixteen off-street parking spaces will be adequate in ten years. when streets like Kagy Boulevard could be extended and the traffic patterns might be different. Mr. Max Evans stated that does not foresee a change in the need for off-street parking spaces. He once again noted that the majority of the clientele is University students, who will walk to the beauty college for appointments. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the publ ic hearing. A decision will be forthcoming next week. Adjournment - 7:35 p.m. There being no further business to come before the Commission at this time, it was moved I by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF. Mayor ATTEST: Clerk of the Commission I 07-05-83