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HomeMy WebLinkAbout1983-08-29 263 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 29, 1983 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, August 29, 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 Com- mission Sull ivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Math re . Action on the minutes of the regular meetings of June 20, 1983 and August 22, 1983 was deferred for a period of one week. None of the Commissioners requested that any items I isted under Consent Items be re- moved for discussion. Decision - Zone Code Amendment - to allow mobile homes as a Permitted Use or Conditional Use in the AS, R-S, R-2-A and R-3 Zoning Districts This was the time and place set for the decision on the Zone Code Amendment to allow mobi Ie 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 as a Conditional Use in the AS, Agricultural Suburban, Zoning District; and as a Permitted Use in the 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. The public hearing on this item was opened on February 7, 1983 and continued to April I 4, 1983. The public hearing was then re-advertised and conducted May 2, 1983, with the deci- sion to be made on May 9, 1983. At that time the Commission deferred action pending review of the proposed criteria for mobile homes by the City Attorney. On August 22, 1983 the Commission once again deferred the decision to allow ample time for review of the proposed Zone Code Amendment. City Manager Evans recommended that the Commission approve the subject Zone Code Amend- ment. Commissioner Vant Hull stated she would recommend a change in the wording in the pro- posed Zone Code Amendment. This proposal would change the wording in Section 18.50.220, Section A, Intent, from "encourage the provision of low to moderate income housing in a general residential environment by permitted" to "allow." Planning Director John Moss stated he would have no problem with the proposed change in wording. He noted this section states only the intent of the Zone Code Amendment. City Attorney Crumbaker-Smith stated she would like an opportunity to review the pro- posed change in wording. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment, including the substitute wording offered by Commissioner Vant Hull, contingent upon approval by the City Attorney, to allow mobile homes to be located as a Conditional Use in the AS, Agricultural Suburban, Zoning District; and as a Permitted Use in the 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 I required to meet certain specific criteria. 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. Discussion - placement of life-size bronze sculpture of John Bozeman in City park City Manager Evans presented to the Commission a proposal for the placement of a life-size bronze sculpture of John Bozeman in a City park. He noted this proposal had been 08-29-83 261), before the Commission two weeks ago. At that time, the Commission had requested that Mr. Schlegel present his proposal to the Advisory Recreation Board. The City Manager then recommended that the Commission accept the sculpture, indicating that he has no recom- mendation for the location of the sculpture. Commissioner Weaver stated he feels he is making judgments in a field about which he knows little. He suggested the Commission should have an advisory art group that would I review proposals submitted to the Commission and provide their recommendations. Commissioner Vant Hull stated that formation of an advisory group would make the process more complicated. Commissioner Mathre stated that there is an advisory committee to the Library Board of Trustees for selection of art pieces for the Library. She noted the committee may be willing to review the proposals for sculptures and submit a recommendation. Mayor Stiff then asked what steps have been taken in the past two weeks. Mr. Steve Schlegel stated that he presented his proposal to the Advisory Recreation Board. He then read a letter from the Advisory Board indicating support for placement of the sculpture in Lindley Park. He noted the Board has suggested placing the sculpture in the north- west corner of the park, along Main Street. Mr. Schlegel then showed the Commission the small bronze named "Bozeman Centennial," which he plans to sell to raise monies for the life-size bronze sculpture of John Bozeman. He also showed the Commission the head for the sculpture, indicating he is now trying to get the proportions correct. Mr. Schlegel stated he has the rough sketch of John Bozeman complete, standing with a rolled map in one hand and the other hand in his pocket, looking out across the City. Commissioner Anderson stated the Centennial Committee will not make a recommendation on the proposed sculpture by Jim Dolan until Wednesday or possibly a week from Wednesday. She noted there is sufficient space in Lindley Park to support two sculptures and suggested that placement of these sculptures be considered simultaneously by the art advisory committee. Commissioner Weaver noted that bronze casting is expensive; and placement of the I sculpture is being deferred until a recommendation is submitted by the art advisory committee. He then indicated that the recommended placement of the bronze sculpture may not be what is desired by the sculptor. Mr. Schlegel stated that he will continue work on the bronze sculpture while waiting for a decision on the location of the sculpture. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion accept the life-size bronze sculpture of John Bozeman when completed, and defer the final decision on the placement in one of the City parks, for a period not to exceed one month, until a recommendation is submitted by the art advisory committee. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Preliminary Amended Plat review - Elk Subdivision, located in the NW! of Section 16, T2S, R6E, MPM (between Haggerty Lane and 1-90, north of Clover Meadows and east of Sunset Heights) City Manager Evans presented to the Commission the Preliminary Amended Plat for the Elk Subdivision, located in the NW! of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. This tract of land is more commonly located between Haggerty Lane and 1-90, north of Clover Meadows and east of Sunset Heights. Assistant Planner Mike Money stated Mike Nash is the applicant for this Preliminary Plat. He stated the Planning Board considered this matter at its meeting held on August 11, 1983 and recommended conditional approval of the Preliminary Amended Plat. He noted that the City I Commission and County Commission have previously approved a Preliminary Amended Plat in a different design mode so that the subdivision could be re-subdivided if water and sewer services were extended to the area. He stated that, due to the topography of the area and the fact that the surrounding subdivisions are being developed in one-acre tracts, the applicant has decided to develop this subdivision in one-acre tracts with wells and septic tanks for each individual lot. Commissioner Vant Hull asked if a condition should be added requiring that any covenants not be in conflict with those for the surrounding area. 08-29-83 , 2GS The Assistant Planner stated the subdivision is within the three-mile zoning jurisdictional area, so the Zone Code applies to the area. Commissioner Anderson asked if there is any way to impose limitations on the type of foundations and basements in this subdivision. Assistant Planner Money stated there is no way to require a specific type of foundation or basement. He noted that the Planning Staff is reviewing possible ways to place information I notes on preliminary plats that make people more aware of the limitations of subdivisions. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the Preliminary Amended Plat for Elk Subdivision located in the NWi- of Section 16, Township 2 South, Range 6 East, MPM, more commonly located between Haggerty Lane and 1-90, north of Clover Meadows and east of Sunset Heights, subject to the following conditions recommended by the City-County Planning Board: 1. That an erosion control device be established and defined for the eastern drainage swale of the subdivision. All construction work and erosion con- trol to be accomplished in this area and the size of the drainage easement should be reviewed and approved by the Soil Conservation Service and the Gallatin County Surveyor's Office. 2. That the 50-foot drainage easement along the western boundaries of Lots 2, 3 and 4 be identified on the final plat. 3. That prior to construction, the developers submit to the County Road and Surveyor's Office, plans and specifications for the scheduled road and drainage improvements for their review and approval. 4. That the developer enter into an improvements agreement that will author- ize the County of Gallatin to vacate the existing Elk Subdivision plat if the conditions granted by this approval cannot be met. 5. That the developer pay Gallatin County for all needed road signs. 6. That the developer pay the initiation fees to Fort Ellis Rural Fire Company if he has not with the filing of the original Elk Subdivision Plat. I 7. That all easements be shown on the final plat. 8. That the developer satisfy the parkland requirement at the time of final plat approval. 9. That the roads within the subdivision be developed to County standards and that a property owners association be formed that wi II provide for their maintenance and upkeep. Also, that the developer and County Commission come to an agreement as to whether or not the roads within the subdivision shall remain private or dedicated to the public. The property owners association documents shall hold the County and all public bodies harmless from any reliability or responsibility. 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. Review of zoning and subdivision fees City Manager Evans presented to the Commission a comparison of the City's current zoning and subdivision fees with the fees charged by other larger cities in Montana. Commissioner Vant Hull presented to the Commission a memo indicating the actual fees charged for the various activities in Billings and Helena, as compared to the proposed rates for Bozeman. She noted the Planning Director has submitted a similar memo. The Commissioner stated review of the figures indicates that the proposed figures for Bozeman would still be lower than those charged in Billings and Helena and suggested that perhaps they should be I increased slightly. Commissioner Mathre noted that the applicants need to pay a portion of the costs in- curred for' zoning and subdividing. She also noted that the general taxpayers benefit from growth and stated it is difficult to measure how much benefit the taxpayers receive. The Commissioner then stated if that question can be answered satisfactorily, then the proportions of the costs to be borne by the applicant and the taxpayers can be determined. Commissioner Anderson asked if this matter will be addressed in the proposed criteria for annexation. 08-29-83 268 . '. Planning Director John Moss stated it would not be He . inItIal step in a routine periodic . . noted thIs fee comparison is th reVIew of the fee schedule H e must be presented to the CitY-County PI . . e stated the subdivision fees . annlng Board and th . Slon for recommendations prior to action b th C" . ~ zoning fees to the Zoning Commis- C .. y e Ity CommIssIon ommlssloner Weaver noted that f . ees must be related t th . pressed surprise that the City now . . 0 e servIces provided. He ex- I recovers approximately 32 red and stated he feels the fees should cov . percent of the actual costs incur- . . er approxImately 40 percent of the costs The Planning DIrector stated that other communities have indicated th . the fees at a level that will pay for one-third of the costs. He noted last ye:~ a~~:~t ~o ~et bd' . . d ' os s or su (VISIon an zoning reviews were $35 000 00 to $38 000 00' and the f h d ,. ,. , ees c arge were $10,000.00 to $13,000.00. Commissioner Anderson asked when these fees were last reviewed and updated. Planning Director Moss stated the fees were reviewed and updated about f ur ~O'R-W~ tp\JBAcPfl~QPrwgJ. fee revisions would be made through a Zone ode Amen~menye~Wa Wb<Dld Commissioner Vant Hull stated concern that the State Statute does not provide for an annexation review fee. The Planning Director suggested that the person petitioning for annexation be required to supply some of the needed information for consideration of the annexation and that the City review that information, rather than the City finding the information. Commissioner Anderson noted that one staff suggestion is consideration of all proposed annexations at one time during the year. She asked the Planning Director's opinion of this suggestion. Planning Director John Moss stated that he feels it would help increase the quality of the entire process because those involved in preparing the studies would be able to review all pro- posals at one time, review the available facilities and services, and determine the projected impacts of the proposals in total rather than on a piecemeal basis. Commissioner Vant Hull asked if the proposals would receive the proper review if several are received at one time. She noted many businesses have staggered specific operations to I provide for better quality. The Planning Director stated that if the staff is prepared, the review of several pro- posals would create no problem. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission refer the proposed zoning fees to the Zoning Commission and subdivision fees to the City-County Planning Board for review and a recommendation to the Commission as soon as possible. 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. Request for letter of support for grant from DNRC - Planning Department City Manager Evans presented to the Commission a request from the Planning Department for a letter of support for a $10,000.00 grant from DNRC. Assistant Planner Steve Lere stated that the Planning Staff has submitted an application for a $10,000.00 grant from the Department of Natural Resources and Conservation for preparation of energy efficient zoning and subdivision guidelines. Mr. Lere stated the Planning Staff would like to get a signed letter from the Commission tomorrow to send to Helena in support of the appl ication. I t was moved by Commi ssi oner Anderson, seconded by Commi ssi oner Math re, that the Commi s- sion submit a letter of support for a grant from DNRC and authorize the Mayor to sign said I letter. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Break - 4:55 to 5:00 p.m. Mayor Stiff declared a five-minute break at 4:55 p.m., to reconvene at 5:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 08-29-83 Jc 267 Ordinance No. 1142 - place issue of self-government powers before electorate City Manager Evans presented Ordinance No. 1142, as prepared by the City Attorney, entitled: ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE NATURE OF THE COMMISSION-MANAGER FORM OF GOVERNMENT BY ADOPTING I SELF-GOVERNMENT POWERS; PROVIDE FOR SUBMITTING THE QUESTION OF AMENDMENT TO THE ELECTORS; AND PROVIDE FOR AN EFFECTIVE DATE. City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1142, to place the issue of self-government powers before the electorate, and bring the Ordinance back in two weeks for final adoption. The City Manager noted this Ordinance must be adopted and submitted to the Gallatin County Clerk and Recorder not less than forty-five days prior to the election to be placed on the ballot. He stated the Self-Government Powers Committee recommended that the City seek self-government powers. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Ordinance No. 1142, placing the issue of self-government powers before the electorate, and that it be brought back in two weeks for final adoption. Mayor Stiff stated that Mrs. Marilyn Jones, representing the Bozeman Hotel/Motel Owners' Association, has requested an opportunity to submit a prepared statement concerning the hotel/motel tax. He asked the Commissioners if they desired to receive this prepared statement, and suggested that a decision of the full Commission be made. Commissioner Vant Hull stated she feels it would be a serious mistake to consider input on the hotel/motel tax while considering placement of self-government powers on the ballot. She noted these two matters are separate and distinct items. She also stated the matter of self-government powers should be considered in its entirety; and the hotellmotel tax is one small option available. It was then moved by Commissioner Vant Hull, seconded by Commission Anderson, that I the Commission consider the issue of self-government powers only and not hear testimony con- cerning a hotellmotel tax at this time. It was moved by Commissioner Weaver that the matter be tabled. The motion died for the lack of a second. Commissioner Anderson noted that the Self-Government Powers Committee has studied various aspects of this matter for nine months and has recommended that the City place the issue on the ballot. She stated she feels the hotel/motel tax is a separate issue from the possible adoption of self-government powers and should be considered as such. She noted that consideration of a hotel/motel tax is premature at this time. Mayor Stiff stated he would have no problem with accepting the presentation. He noted the presentation may not be pertinent in this issue but may provide valuable information for future consideration. Commissioner Mathre stated she feels the information should be received. She noted that if a group of citizens attends the Commission meeting to present an item, they should be allowed an opportunity to do so. City Manager Evans suggested that the Commission may wish to consider the presentation from the Bozeman Hotel/Motel Owners' Association during the discussion on Commission Resolution No. 2473, which would require voter approval of local option taxes. The motion to consider the issue of self-government powers only and not hear testimony concerning a hotel/motel tax at this time failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Anderson; those voting No being Commissioner I Mathre, Commissioner Weaver and Mayor Stiff. Mrs. Marilyn Jones, Bozeman Hotel/Motel Owners' Association, presented their prepared statement. She indicated the Hotel Association considers self-government powers and the hotel I motel tax as the same issue. She stated they also feel consideration of the hotel/motel tax is premature, noting that the matter of the hotel/motel tax in Billings will be heard by the Supreme Court on September 13, 1983. Mrs. Jones stated that the motel industry is one of the largest in Bozeman. She also questioned the legality of giving tax monies to a non-profit 08-29-83 ... . 268 organization. She stated she does not feel the Chamber of Commerce can legally receive any of these tax revenues for promotion of tourism. Mrs. Jones also noted that the City should seek a more equitable way of collecting revenues than through the hotel/motel tax, which would place the burden on a small group of people. Commissioner Vant Hull asked the City Attorney why the proposed ballot form attached to the Ordinance lists two "fors" rather than the usual "for" and "against." I City Attorney Crumbaker-Smith stated that the State Statute provides a specific ballot form when a petition is submitted for self-government powers, but does not provide a separate form when an Ordinance is placed on the ballot. She indicated that she used the ballot form listed in the State Statute when preparing the Ordinance. The City Attorney suggested that the Commissioners may submit alternate wording if they desire; and she will review those suggestions prior to final adoption of the Ordinance. The original motion to provisionally adopt Ordinance No. 1142 carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commis- sioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2472 - place restriction of property tax levies to those set by State Statute for general government powers before electorate City Manager Evans presented Commission Resolution No. 2472, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2472 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, AS TO WHETHER TO ENACT AN ORDINANCE RE- STRICTING PROPERTY TAX LEVIES TO THOSE LIMITATIONS ESTABLISHED BY STATE LAW FOR GENERAL GOVERNMENT POWER CITIES. City Manager Evans recommended that the Commission adopt Commission Resolution No. 2472 . I Commissioner Mathre noted that this is an advisory to the Commission from the electorate if approved. She indicated that the Commission must adopt an Ordinance if the self-government powers issue and this Resolution are approved. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion adopt Commission Resolution No. 2472, placing the restriction of property tax levies to those set by State Statute for general government powers before the electorate. 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. 2473 - place requirement for voter approval of local option taxes before electorate City Manager Evans presented Commission Resolution No. 2473, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2473 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, AS TO WHETHER TO ENACT AN ORDINANCE REQUIRING VOTER APPROVAL OF LOCAL OPTION TAXES. City Manager Evans noted that this Resolution places an advisory referendum before the electorate concerning local option taxes. If adopted, the City would be required to adopt an I ordinance requiring voter approval of all local option taxes. The City Manager recommended adoption of Commission Resolution No. 2473. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2473, placing the requirement for voter approval of local option taxes before the electorate. 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. 08-29-83 258 Discussion - letter from Gallatin County re relocation of City Court to Law and Justice Center City Manager Evans presented to the Commission a letter from the Gallatin County Commissioners concerning a study to relocate the City Court to the Law and Justice Center. He noted the letter indicates it would not be possible for the Justice of the Peace Court and the City Court to share the same courtroom due to potential scheduling problems. The City Manager I stated that if the City Court is moved to the Law and Justice Center, an additional courtroom would need to be built at the City's expense. City Manager Evans noted the County Commission has stated a willingness to cooperate in a study to determine the feasibility of relocating the City Court if the City so desires. The City Manager noted if the relocation is not determined feasible, the Commission should consider recommendations submitted by the Judicial Coordinating Committee concerning remodeling and changes in the present courtroom. Commissioner Weaver asked what the study would include. City Manager Evans stated estimates on the costs of relocating the City Court to the Law and Justice Center and costs of remodeling in the City Hall will be determined. Also, possible savings through sharing of clerical help and equipment wi II be considered. Commissioner Vant Hull noted that the City Attorney is also the City Prosecutor and asked how much relocation of the City Court would interfere with her work. City Attorney Crumbaker-Smith stated it would create some interference. Commissioner Mathre noted prisoners are now being transported from the Law and Justice Center for arraignments. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission direct the City staff to proceed to estimate costs of additional court facilities for the City Court at the Law and Justice Center with representatives of the County, to estimate costs of remodeling in City Hall, and to estimate possible savings through shared clerical help and equipment, and report back to the Commission as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant I Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Ordinance No. 1140 - Parking Ordinance City Manager Evans presented Ordinance No. 1140, as prepared by the City Attorney, entitled: ORDINANCE NO. 1140 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 10.32 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE STOPPING, STANDING OR PARKING OF VEHICLES. City Manager Evans recommended that the Commission provisionally adopt Ordinance No. 1140 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1140, amending Chapter 10.32 of the Bozeman Municipal Code concerning parking regulations, and that the Ordinance be brought back in two weeks for final adoption. 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. 2470 - Garbage assessment for period ending June 30, 1984 City Manager Evans presented Commission Resolution No. 2470, entitled: COMMISSION RESOLUTION NO. 2470 I 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 recommended that the Commission provisionally adopt Commission Resolution No. 2470 and set the public hearing date for September 19, 1983. 08-29-83 27G It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion provisionally adopt Commission Resolution No. 2470, establishing the garbage assessments for the period ending June 30, 1984, and set the publ ic hearing date for September 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. I Commission Resolution No. 2471 - Landfill fees for period ending June 30, 1984 City Manager Evans presented Commission Resolution No. 2471, entitled: COMMISSION RESOLUTION NO. 2471 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 recommended that the Commission provisionally adopt Commission Resolution No. 2471 and set the public hearing date for September 19, 1983. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Commission Resolution No. 2471. establishing the landfill fee schedule for the period ending June 30, 1984. and set the public hearing date for September 19, 1983. 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. Application for Gamblin License - American Le ion Club - one keno machine - throu h June 30, 1 84 - City Manager Evans presented to the Commission an application, along with the required fee, for a Gambling License on behalf of the American Legion Club for one keno machine for the period ending June 30, 1984. The City Manager stated that the City Attorney has reviewed the I matter and indicates that keno games, electronic or otherwise, are legal under the "Bingo and Raffles Law." Prizes cannot be in cash but must be in tangible personal property. City Manager Evans then stated that the American Legion Club currently has a license for one elec- tronic poker machine and recommended that the Commission approve the application for one keno machine. Commissioner Weaver asked if the owner of the establishment is aware of the stipulation on the prizes. City Manager Evans suggested that the City Attorney notify the owners of establishments applying for Gambling Licenses for keno machines concerning the provisions of the State Statute. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License submitted by the American Legion Club for one keno machine for the period ending June 30, 1984 and instruct the City Attorney to write a letter to the owner stating the provisions listed in the State Statute for keno games. 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 Gambling License - Rocking R Bar - one card table and one keno machine - through June 30, 1984 City Manager Evans presented to the Commission an application, along with the required fee, for a Gambling License on behalf of the Rocking R Bar for one card table and one keno I machine for the period ending June 30, 1984. The City Manager noted that the Rocking R Bar currently has a Gambling License for two electronic poker machines, and recommended approval of the application and the City Attorney be directed to notify the owner of the establishment concerning the statutory requirements for prizes. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License submitted by the Rocking R Bar for one card table and one keno machine for the period ending June 30, 1984 and instruct the City 08-29-83 271 Attorney to write a letter to the owner stating the provisions listed in the State Statute for keno games. 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 Appointments to Low-Income Housing Committee Commissioner Anderson stated two positions are currently open on the Low-Income Housing Committee; and two applications have been received as a result of the advertisement placed in the newspaper. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Julie T. Hintz to replace Robert Border and Christopher Pazder to replace Ed Sypinski. Commissioner Vant Hull questioned whether it is appropriate to have two employees of the Human Resource Development Council on the Committee. It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Christopher Pazder to replace Ed Sypinski on the Low-Income Housing Committee. 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. The position vacated by the resignation of Robert Border will be filled within the next few weeks. Attendance at Montana League of Cities and Towns Convention - October 5-8, 1983 - Havre, Montana City Manager Evans noted that the Montana League of Cities and Towns Convention is to be held in Havre, Montana, on October 5 through 8, 1983. He requested that those Commissioners I planning to attend the Convention contact the Clerk of the Commission so that she can make reservations as soon as possible. Application for Beer License - Gallatin County Sheriff's Posse - September 3-4, 1983 - Gallatin County Fairgrounds City Manager Evans presented to the Commission an application for a Beer License, along with the required fee, for September 3 and 4, 1983 on behalf of the Gallatin County Sheriff's Posse. The City Manager recommended that the Commission approve the application contingent upon receipt of the State License. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the applica- tion for a Beer License submitted by the Gallatin County Sheriff's Posse for September 3 and 4, 1983, be approved contingent upon receipt of the State License. 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 - letter from Chris Pazder, member of Low-I ncome Housing Committee Commissioner Anderson stated she had requested this item be added to the agenda because she had anticipated receipt of a letter from Chris Pazder requesting permission to attend a national conference and requesting partial funding. She stated that the Human Resource Develop- ment Council will pay one-half of his expenses, and he will approach the County Commission about possible funding of a portion of his expenses. Commissioner Anderson then requested I that action on this item be deferred for one week. Discussion - procedure for acceptance and review of applications for City Manager position Commissioner Vant Hull stated she had requested this item be added to the agenda to provide an opportunity for the Commission to discuss the procedure to be followed in accepting and reviewing the applications for the position of City Manager. She stated she feels the Commission should evaluate itself and the City Manager to determine what they are seeking in a City Manager and how they want the government to operate. 08-29-83 272 Commissioner Anderson stated she would like to know how many applications have been received. She also feels the Commission should set a time to meet and discuss how to proceed with review of the applications. Mayor Stiff stated the Clerk of the Commission is filing the applications as they are received. He stated prior to the deadline for applications, the Commission must determine what process will be used in selecting a new City Manager. The Mayor stated it is ill advised for I any Commissioner to have access to the applications prior to the deadline. Commissioner Weaver stated a set of criteria must be established prior to the Commission gaining access to the file of appl ications. Mayor Stiff requested that the Clerk of the Commission provide the Commission with a report each week on how many appl ications have been received. The Commission set Monday, September 26, 1983 at 7:00 p.m. as the time to discuss the procedure for review of the applications for City Manager. oJ Consent Items Commission the following items. Homecomin Parade - Saturda , - Bed and Breakfast It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I items as listed above be approved and the appropriate person be authorized and directed to take the necessary action. 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. Adjournment - 5:55 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 Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I 08-29-83