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HomeMy WebLinkAbout1982-06-21 028 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 21, 1982 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, June 21,1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Director of Finance Swan, City Attorney Planalp (for the first segment), Acting City Attorney Johnstone (for the second segment) and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of June 7, 1982 and the regular meeting of June 14, 1982 were approved as submitted. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Release of Improvements Agreement for Phase II of Woodbrook Development City Manager Evans concurred in the recommendation from Planning Director John Moss to defer action for a period of one week because the developer has not filled the low spots in the lawn. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer action on the release of the Improvements Agreement for Phase II of Wood- brook Development for a period of one week. 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 Mr. Tim Fitzgerald, President of the Downtown Development Association, suggested that truck traffic be removed from Main Street after the repaving has been completed and that the street be maintained locally. The DDA also proposes that an alternate truck route be establ ished. Mr. Fitzgerald noted that this would improve the safety for vehicles and pedestrians and would make the area more conducive for shopping. Also, snow removal would be improved because it would be handled at the local level rather than by the State Highway Department, which has other priorities. The DDA also suggests the possibility of north/ south one-way streets to improve the traffic flow. Mr. Fitzgerald stated that the DDA realizes that any project will need the support of the downtown area to work properly. He noted that the DDA has established a "block captain" system. Under this program, one property owner or merchant in each block along Main Street in the central business district will act as "block captain" and will be the conduit for information between the property owners and merchants and the Downtown Development Asso- ciation. Mr. Fitzgerald suggested that the City, State Highway Department and Downtown Development Association study the feasibility of this proposal, including the possible costs involved. Mr. Fitzgerald noted that streets in the downtown area were one of the goals of the Urban Renewal Plan. The DDA is not promoting a new plan, but taking some of the ideas from the Plan and working on them in a smaller way. I Commissioner Anderson asked what monies would be used to develop an alternate truck route if Main Street is maintained locally. Mr. Fitzgerald stated that the City will need to address that issue. He also noted that the City Commission must decide if it wants the community to grow or be split by the highway that runs through the middle. Commissioner Weaver noted that removal of truck traffic does not alter the fact that Main Street is a state highway. 030 Mr. Fitzgerald stated that Main Street is now a part of Highway 191. He stated that possibly Highway 191 could be changed to follow the interstate from Livingston to Belgrade, then along Jack Rabbit Lane to Four Corners. Commissioner Weaver requested that the statutes be researched on the changing of the routing of a state highway. City Manager Evans stated that he will propose this as an agenda item for a future T AC meeting. I Request - variance to sign code - The Wine Cellar, 104 West Main Street City Manager Evans presented to the Commission a request on behalf of The Wine Cellar, 104 West Main Street, for a variance to the sign code. Building Official Gene Yde stated that the wood sign would project four feet from the building. He stated that the request, submitted by Joleen A. Ireland, partner in The Wine Cellar, is for a variance to place the sign twelve feet above the sidewalk, rather than the re- quired fourteen feet. The Building Official recommended approval of the request. The Building Official also noted that some of the stores which have installed signs at the Downtowner Mall without approval will be submitting requests for variances to the sign code. Mayor Stiff asked if the variances should be handled at one time. Commissioner Weaver noted that each request for a variance should be handled as an individual case. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of The Wine Cellar, 104 West Main Street, for a variance to the sign code. 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. Landsca e Service - permission to park truck on Main Street or side street I City Manager Evans submitted to the Commission a request on behalf of Heisel Land- scape Service for permission to park a truck on Main Street or a side street for Crazy Days. The City Manager stated that last year they were given permission to park the truck in front of the old Gamble's building, which was vacant. City Manager Evans recommended that the Commission grant Heisel Landscape Service permission to park their truck in front of the Soroptomist Park for Crazy Days. Commissioner Vant Hull noted that several nurseries are located within Bozeman. She does not feel that the City should become involved in this type of request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Heisel Landscape Service for permission to place a truck on Main Street for Crazy Days, and that the truck be located in front of the Sorop- tomist Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Request - waiver of open container ordinance - Bedpan Cup Committee - June 27, 1982 City Manager Evans presented to the Commission a request on behalf of the Bedpan Cup Committee for a waiver of the open container ordinance. This waiver would be for the Third Annual Bedpan Cup Race to be held on June 27, 1982 from 12:00 noon to 4:00 p.m. at Bogart Park. The City Manager recommended approval of the request. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of the Bedpan Cup Committee for a waiver of the open container ordinance for the Third Annual Bedpan Cup Race to be held on June 27, 1982. 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. 031 Request - transfers to and from SI D Revolving Fund - transfers to, $38,782.76, and transfers from, $26,233.78 City Manager Evans presented to the Commission a request from Director of Finance Swan for authorization to transfer funds to and from the SID Revolving Fund as follows: To SID Revolving Fund: SID District No. Amount I 392 $ 33.26 408 111.15 426 325. 19 431 172 . 58 438 88.61 440 311.14 441 1,201.47 442 975.50 450 261.88 451 309.94 454 1,985.37 456 721.18 470 4,540.54 471 87.25 474 395.77 1969 Walk and Curb 42 .22 1972 Walk and Curb 80.52 1973 Walk and Curb 1,914.27 1973 Walk and Curb 7,564.74 1974 Walk and Curb 9,751.24 1976 Walk and Curb 7,908.94 Total to be transferred to SID Revolving Fund $38,782.76 From SID Revolving Fund: SID District No. Amount 424 $ 953.72 I 425 1,156.65 1975 Walk and Curb 4,249.37 1977 Walk and Curb 19,874.04 Total to be transferred from SID Revolving Fund $26,233.78 City Manager Evans stated that this is a routine clean-up process and recommended that the Commission authorize the Director of Finance to make the transfers. Mayor Stiff asked about the accumulation of a cash balance in the various Special Im- provement Districts. Director of Finance Swan stated that all of these Special Improvement Districts have been closed on bond retirement. In some of the districts, the people paid their assessments early, enabling the City to pay coupons and bonds early and thus saving interest expense. She also noted that in some of the districts, the people did not pay their assessments on time or failed to pay the assessments at all. This caused a shortage in that district, resulting in the request for a transfer of funds from the Revolving Fund to bring the district fund to a zero cash balance. City Manager Evans noted that State Statutes provide for the creation of a Special Im- provement District Revolving Fund. If such a fund has been created, the City is obligated to transfer to and from that fund as needed to pay bonds and coupons in the various districts. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the transfer of funds to and from the Special Improvement District Revolving Fund, as set forth above. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Proposed Energy Retrofit - Capital Project(s); Budget Amendment to accomplish Phase I City Manager Evans presented to the Commission a proposed Energy Retrofit Capital Project(s) schedule and a Request for a Budget Amendment for Phase I of the proposed pro- gram in the amount of $37,100.00. The City Manager noted that Phase I could be funded U32 from energy savings during the current fiscal year. Phase II could be funded from energy savings from Phase I. City Manager Evans noted that the proposed Phase I would include retrofitting at the Municipal Building, Police/Fire Building and Fire Station No.2. This would mainly entail replacement of glass, weather stripping and storm windows. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer monies as follows: I From Account Title Amount - City Hall Complex Heat and Light $15,000.00 Police Department Gas and Oil 2,700.00 Fire Department Gas and Oil 400.00 Street Department Gas and Oil 9,000.00 Swim Center Heat and Light 10,000.00 Total $37,100.00 To Account Title Amount Retrofitting Capital Project Fund $37,100.00 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. Continued discussion - payment to contractors on SID's when the bonds for financing are not sold - City Manager Evans stated that the discussion on payment to contractors on Special Improvement Districts when the bonds for financing are not sold had been continued from last week's meeting. The City Manager noted that the City has entered into a contract with an engineering firm to perform services, for which the City was to pay. Those services have been accomplished, and the City Manager feels that the contract should be honored. He I noted that the next question to be addressed. is the City's recovering the costs for the engineering since the bonds were not sold, and whether assessments against the property owners would be legal. Commissioner Vant Hull asked how much a court action would cost. City Attorney Planalp stated that the court costs would not be close to the $26,000.00 payment. He noted that part of the lawsuit would be to request authority to assess the pro- perty owners for the engineering fees. The City Attorney noted that the City entered into a contract, but the City expects the property owners to carry their share of the costs. Commissioner Vant Hull asked if the City can assess the property owners and pay the engineering costs after the money is received. City Attorney Planalp stated that one of the elements in a valid assessment is that the costs have been incurred. He stated that a contract could be prepared which states that the payment of fees will be paid in February 1983. He cautioned the Commission not to pay a debt if they do not feel it is theirs and then think they can collect it later. Mayor Stiff suggested that the City consider not creating any further special improve- ment districts until the existing ones have been straightened out. He also noted that the property owners in Special Improvement District Nos. 615 and 632 would be willing to pay the assessments for the engineering. City Engineer Van't Hul stated that he has not spoken with the property owners re- cently. During a meeting prior to the creation of the districts, one of the people involved asked him what would happen if the bonds were not sold. The City Engineer had stated at I that time that the property owners would assume all costs incurred to that point for those special improvement districts. Commissioner Weaver asked how long the debt has been outstanding. City Engineer Van't Hul stated about a year. He noted that the engineering fees should have been paid at the time the bonds were sold. 033 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Director of Finance to process a claim to Morrison-Maierle, Inc., Bozeman, Montana, in the amount of $26,000.00 for engineering costs on Special Improve- ment District Nos. 615 and 632, during the regular claims processing in two weeks. 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 I Stiff; those voting No, none. Mayor Stiff once again suggested a moratorium on special improvement districts until the current SI D's have been cleaned up and until a City policy has been established. City Manager Evans stated that the City Staff can prepare a policy, covering all possible problems, on special improvement districts for review by the City Commission. He recommended that a part of that policy include special improvement districts on raw land. He suggested that if SID's are created for raw land, the property owner(s) place three years' assessments in an escrow account prior to any work being done. The City Manager further suggested establishing a policy for considering special improvement districts, annexations and subdivisions once a year. Mayor Stiff instructed the City Staff to prepare a proposed policy on special im- provement districts, to be brought back to the Commission as soon as possible. Commissioner Mathre requested that the City Staff prepare a proposed policy on raw land special improvement districts as well. Update on Mystic Lake Dam City Engineer Van't Hul stated that last Friday, he and Water Department employee Orvaill Bridgewater looked at Mystic Lake Dam. The dam was about 60 percent full. There was a considerable amount of leakage, and the water was more tu rbid than expected. They closed the gate on the dam, and some turbid water kept flowing. This indicates that either the plug is out of the 12-inch line or the 16-inch line has separated and is now pulling some I of the fill from the center of the dam. The City Engineer stated that on Thursday morning the Water Department will dewater the 12-inch pipe and check to see if the plugs are in place at each end of the pipe. I f those plugs are in place, the 16-inch line has separated. City Engineer Van't Hul does not foresee any flood danger if the dam does breach itself. He noted, however, that the water will take out more fill along the lines, and the problem will have to be resolved before next season. The City Engineer stated that he, Water Superintendent Don Strang, Mr. Jim Moore, several of the irrigators, and a Forest Service employee went up to Mystic Lake Dam again this morning. He stated that they closed the gate on the 16-inch pipe and saw turbid water again. He noted that if the 16-inch pipe is separated, the gate will be left open to drain the lake. The City Engineer stated that the City could consider mechanically breaching the dam so that it cannot fill again until this pipe is repaired. This would cause a little more damage to the structure and would cost slightly more to repair, but it would be better than blowing out the dam completely. Mr. Jim Moore, Attorney for the irrigators in the Bozeman Creek Water Users' Associa- tion, emphasized what City Engineer Van't Hul said about safety. He stated that Mr. Richard Creed, Forest Service employee, does not feel that the dam will come out immediately. He noted that the Forest Service engineer indicated that if the 16-inch pipe is separated and the Association wishes to renovate the dam, the Forest Service will recommend steps to allow the dam to remain in place. Mr. Moore has not met with all of the irrigators. He also has not received all of the I information from the Forest Service for abandonment of the dam. He hopes to meet with the irrigators this week to determine the method of application for funding of the renovation of the dam. Mr. Moore stated that he will keep the City Staff informed of the irrigators' desires. Commissioner Vant Hull asked if anyone could go to the dam on Tuesday morning. City Manager Evans stated that he does not see any problems. He noted that any nonCity employee must sign a release form prior to going. 034 Commissioner Vant Hull, Commissioner Anderson, Mike Ward and Karen Datko, Chronicle employee, indicated interest in going to Mystic Lake Dam on Tuesday. Discussion - City's contribution to Bogert Pool cover City Manager Evans stated that the Commission had discussed a possible contribution to the fund drive being spearheaded by the Five Rivers Chapter of the American Red Cross during last week's meeting. The City Manager recommended that the City not commit any I monies to this project at this time. Commissioner Anderson asked the City Attorney for an opinion. City Attorney Planalp concurred with the City Manager's recommendation. He stated that the City may create problems for itself if it begins to contribute to fund drives. Commissioner Vant Hull asked when the pool cover would be ordered and asked if it would be in use this summer. City Manager Evans suggested that the pool cover be ordered after the funds have been ra i sed. He does not think that the pool cover will be in use this summer. The Commission concurred in the City Manager's recommendation that consideration of a possible contribution be deferred until the American Red Cross drive has been completed. Ordinance No. - Salary Ordinance for Fiscal Year 1983 City Manager Evans presented the proposed Salary Ordinance, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. City Manager Evans noted that he had prepared recommendations for four of the five salaries set by this ordinance. He stated that the Commission could consider the recommenda- tions, set the salaries and adopt the ordinance at this time or may defer action for one week. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer consideration of the proposed Salary Ordinance for a period of one week. 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. Commission Resolution No. 2401 - Intent to sell surplus property to another governmental entity City Manager Evans presented Commission Resolution No. 2401, entitled: COMMISSION RESOLUTION NO. 2401 A RESOLUTION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL CERTAIN SURPLUS ITEMS FROM THE ENGINEERING DIVISION TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. City Manager Evans noted that the State Code authorizes governmental entities to sell surplus property to one another without going through the bid process. He stated that MSU wishes to purchase two rain gauges and one anchor base from the City. He recommended adoption of the resolution. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2401, stating the City's intention to sell certain surplus items to another political subdivision within the State of Montana. The motion I 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. Certificate of Completion - SI D No. 623, sanitar sewer im rovements, and SID No. 624, water main improvements, in alley Unit ubdivision City Manager Evans presented to the Commission the Certificate of Completion from 035 Thomas, Dean and Hoskins, Inc., notifying the City that construction of Special Improvement District No. 623, sanitary sewer improvements, and Special Improvement District No. 624, water main improvements, in the Valley Unit Subdivision, by Johnston Excavating, Inc., Bozeman, Montana, have been completed in accordance with plans and specifications. This final acceptance does not relieve the contractor of responsibility of negligence or faulty materials or workmanship within the standard period provided for by law. The con- I tractor has furnished a performance and materials bond in the full amount of the contract to guarantee materials and workmanship for a one-year period to commence upon final acceptance. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the project be accepted as completed. 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. Recess - 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for public in- terest items and completion of routine matters not yet dealt with. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of dis- cussing items of public interest and completing routine matters not yet dealt with. hearin - vacation of 20' by 30' aile borderin on south line of Peach between This was the time and place set for the continued public hearing on a petition sub- mitted by Mrs. Claudine S. Nash, representing the estate of Alfred B. Schnider, for vacation of a 20-foot by 30-foot alley between the east line of Lot 6 and the west line of Lot 7 and Lot 4, Block 7, Babcock and Davis Addition. The site is located along the south line of Peach I Street, between Wallace Avenue and Ida Avenue. Mayor Stiff reopened the continued public hearing. Mr. Clinton Gee, adjacent property owner at 520 North Wallace, stated that he will not contest the requested alley vacation. He stated that he has asked for a 4-foot easement along the west side of the Schnider property, but the parties involved can reach an agreement privately. Mr. Ed Noel, Alfred Schnider's brother-in-law, stated that the dedicated alley has not been developed. He also noted that the right-of-way south of the property has been recently vacated by the City Commission, and requested that this alley be vacated as well. Mrs. Margaret Kent, Alfred Schnider's sister, requested that the alley be vacated prior to any other matters concerning this property. No one was present to speak in opposition to the granting of the request. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - con- taining twenty apartment Units on racts This was the time and place set for a public hearing on the request on behalf of Marvin (Buz) Cowdrey for a Conditional Use Permit to. construct three structures containing twenty apartment units on Tracts 3 and 3A of Mountain Vista Subdivision, more commonly known as 715 South 20th Avenue. Mayor Stiff opened the public hearing. I Planning Director John Moss presented the Staff Report. He stated that the request is to construct three structures containing twenty units on a one-acre tract with a stream running through the middle of the site and a major irrigation ditch running through the site as well. He noted that downstream the stream and irrigation water have been funneled into a single culvert which runs under a shopping center. The Planning Director stated that no mention of the stream or the irrigation ditch is made in the proposal from the developer. Also, no plan has been submitted for drainage of the site. Planning Director Moss stated 036 that the Zoning Commission concurred in the Planning Staff's recommendation for denial of the request. The Planning Director further noted that Mr. Cowdrey has submitted a revised proposal, which wi II be reviewed by the Zoning Commission at its regular meeting to be held on June 22 and by the City Commission at its regular meeting to be held on July 19, 1982. Commissioner Weaver asked if the application is technically flawed and should not be heard at this time. I Planning Director John Moss stated Mr. Cowdrey had submitted an application, along with the required fees, and the public hearing dates had been set. He noted that this public hearing completes the process on the original application. No one was present to speak in support of or in opposition to the request. Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, due to the flawed application process and lack of favorable or unfavorable comment, that the Commission waive the customary one-week interval. 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. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission disapprove the request on behalf of Mr. Marvin (Buz) Cowdrey for a Conditional Use Permit to construct three structures containing twenty apartment units on Tracts 3 and 3A, Mountain Vista Subdivision, more commonly known as 715 South 20th Avenue. 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. Public hearin - Conditional Use Permit - with restau rant on portions 0 Lots 12 and 13, Block This was the time and place set for a public hearing on the request on behalf of Mr. I and Mrs. James L. Caffrey for a Conditional Use Permit to develop an amusement center with restaurant on the east three feet of Lot 13 and the west seventeen feet of Lot 12, Block A in Tracy's Addition, more commonly known as 39 West Main Street. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. He noted that the business has been established and has video games and a snack bar. The Planning Director noted that the major considerations in this application are the automobile parking and bicycle parking. He noted that the applicants wish to put a bike rack in front of the store. The Zoning Commission recommended that the bike rack be placed on the street so that it uses one parking stall. The applicants currently rent parking spaces from the Parking Commission, but they have 7.38 parking spaces available, and the Planning Staff recommends 11 parking spaces. The majority of the clientele do not drive automobiles, but ride bicycles or walk. The Zoning Commission recommended conditional approval of the request, with a review after eighteen months and after thirty-six months. Commissioner Vant Hull noted that more car and bicycle parking is needed in the downtown and suggested that the bicycle rack be placed closer to the corner, within the twenty-foot span where the cars are not allowed to park. Commissioner Weaver asked if the bike traffic in this area will increase because of the type of business and the type of clientele it will attract. He further asked if the bike traffic is increased, will it increase the question of safety to the persons working or residing in the immediate area. I Planning Director John Moss stated that the bicycle traffic will probably increase. He noted that along Main Street is one of the most undesirable areas to increase the traffic. Mrs. Nita Caffrey, applicant, stated that she and her husband feel good about provid- ing a good atmosphere for the youth in Bozeman. She noted that video games are here and are a part of the future. She stated that Games R Fun gives a better atmosphere than some of the places where the youth have been playing the games. The applicants have established 037 very strict rules, which the children abide by. She stated that the hours of business have been established to open at 9:00 a.m. and close at 10:00 p.m. on weeknights and 11 :00 p.m. on weekends. Mrs. Caffrey noted that their present site is centrally located. She also stated that they own the bui Iding in which the business is located. Mrs. Caffrey noted that they were issued a business license. They then requested permission to place a bike rack in front of their store, and were told that they would need to I apply for a Conditional Use Permit since a video game room is not a permitted use in the central business district. She stated that there would be no additional traffic because the patrons usually arrive on bicycles or on foot or are already in the downtown area for some other reason. Mrs. Caffrey also stated that she feels that the Zoning Code should provide for video game rooms in some of the zones, since they are going to become a part of the com- munity for several years. The applicant then presented to the Commission a petition from downtown business owners who do not object to Games R Fun; a petition from downtown business owners who do not object to the business installing a bike rack; a survey on the mode of transportation which patrons used (i.e., walking, riding a bicycle or driving); and drawings and pictures to show the proposed placement of a bike rack. Mrs. Caffrey stated that they do not want bicycles lying on the sidewalk in front of the store, but would like to place a bike rack on the sidewalk and have it available for use year round. Mayor Stiff asked if the applicants see the close proximity of a bar and an adult store as any problem. Mrs. Caffrey stated that the laws cover anyone under 18 years entering these es- tablishments. She also noted that the youth who patronize their store are not the ones who are looking for trouble. Mr. Louis Burton, LRD Company, stated that he was speaking on behalf of the Hathhorn Building. He noted that two parking spaces located in the rear of the building are available for use by the business, but they are common property of the Hathhorn Building. Mr. Burton also stated tha~ Mr. and Mrs. Caffrey own their business location, which is 15.7 I percent of the Hatthorn Condominium Owners' Association. Mr. Burton also noted that Mr. Caffrey's plumbing business has also been located in this building and asked if it still is. He received an affi rmative answer from Mr. Caffrey. Mr. Gunnar Freivalds, Cactus Records, stated that the Commission should consider what the business will contribute to the community. Mr. Freivalds stated that he feels that the Commission should be fair in considering this request for a Conditional Use Permit. He did, however, express his dislike for video games and his doubts about this type of business. He noted that bicycles are now lying on the sidewalk and empty cups are being strewn on the sidewalk. He stated that a bike rack would help to alleviate some of the problem. Mr. Ned Myers, owner of Ned's Place in Belgrade (a video game room), stated that adults tend to relate to children on what they can do. He noted that adults can playa game, and their quarters may last 60 to 90 seconds. A child may put a quarter in that same machine and play 15 to 20 minutes. He stated that some children get bored with the game and simply walk away. Mr. Myers stated that it is better to provide a good place for the youth to go, than to let them go elsewhere. Commissioner Vant Hull asked if the Parking Commission considers the placement of bike racks. Commissioner Mathre stated that the Parking Commission does not consider bike racks. They are interested with vehicular parking. Planning Director John Moss noted that some areas in the downtown business district I do need bicycle racks. He noted that the City must avoid too many individual businesses getting too many bike racks in one block. City Manager Evans stated that the Parking Commission should consider the bike rack if it is to take away a parking space for motor vehicles. He also noted that if the bicycle rack is to be placed close to the corner, the City Engineer and Chief of Police must consider the matter. The City Manager stated that bicycle racks are needed in the downtown area. However, it is illegal to ride bicycles on the sidewalk; and he would recommend against the placement of bicycle racks on the sidewalk. 038 Commissioner Mathre stated that she would present the matter to the Parking Commission at its next meeting. City Manager Evans stated that he would contact the City Engineer and the Chief of Police. Ms. Barbara Allen, owner of Cactus Records and owner of 19 percent of the Hatthorn Condominium Owners' Association, stated that she picks up cups by her store. She also noted that bicycles are a real problem. She also questioned running two businesses out of one outlet and asked if the parking requirements should be more stringent. She has also I received complaints from her customers about the bicycles on the sidewalk. Mayor Stiff closed the publ ic hea ring. A decision wi II be forthcoming next week. Shiloh Townhouse Planned Unit Development - corner of South Planning Director John Moss presented the Planning Staff report. He stated that the Shiloh Townhouse Planned Unit Development is located north of West Koch Street and east of South Nineteenth Avenue. The City Commission conditionally approved a Conditional Use Permit on May 10, 1982 for this project. The preliminary plat subdivides the 1.4-acre parcel into eighteen individual townhouse lots, each containing at least 1,600 square feet. The Planning Board reviewed the preliminary plat and recommended conditional approval. The Planning Director stated that the eight public interest criteria for preliminary plats had been analyzed, and all of the criteria were met. Planning Director noted that one of the conditions recommended was that the developer attempt to determine who owns the 25-foot strip of land through which the Farmers Canal runs. Mr. Moss noted that this strip of land is shown on the books, but it does not state who owns the land. City Manager Evans noted that the proposed development is immediately adjacent to the Farmers Canal. He questioned the waiving of an Environmental Impact Study because of the possible contamination of the canal. Planning Director John Moss stated that the parcel of land in question is separated from the Farmers Canal by the 25-foot strip of land. He also stated that appropriate pro- I cedures could be taken during construction to ensure that runoff water does not go directly into the canal. He suggested that review by the District Soil Conservationist could be required. Mr. Corbin Ross, architect on the project, asked how far the title search for the 25- foot strip must be carried. The Commission noted that if the property is not the developer's, they do not need to search the title any further. The Commission then decided to delete the proposed condition which would require clarification of the ownership of the 25-foot strip of land. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the Preliminary Plat for the Shiloh Townhouse Planned Unit Development, subject to the following conditions: 1. That all the lots within Phase I contain a minimum of 1,600 square feet each. 2. That all the street, water, sanitary and storm sewer improvements be reviewed by the City Engineer and the Soil Conservation Service and approved by the City Engineer prior to final plat approval. 3. That all improvements must be installed or the developer must enter into an Improve- ments Agreement with the City of Bozeman and it be guaranteed by a method of security acceptable to them. The Improvements Agreement should contain the following: a. Approved construction plans for all scheduled improvements. b. Construction time schedule. I c. Method of payment to the City for inspection of the improvements installation. d. Method of security guaranteeing the improvements. I f the improvements are to be installed prior to submittal of the final plat, then all construction plans must be reviewed and approved by the City Engineer. 039 4. That the protective covenants be changed to include the following: a. A statement reserving the parking spaces in front of each dwelling for its use. b. A statement that the common areas of each phase will be maintained regularly by the B-K Partnership or the developer until such time as 75 percent of the properties comprising that phase have been sold. A t that time, it wi II be tu rned over to the homeowners association. The developer should provide a statement guaranteeing the installation of all the improvements for a period of one year past I the acceptance of the maintenance by the property owners association. 5. That the Certificate of Dedication be replaced with a Certificate of Consent. The Certificate should absolve the City of Bozeman from all responsibility and liability for all private streets in the subdivision, and should state no part of any private streets shall be considered for acceptance as public streets by the City of Bozeman in the future unless they are reconstructed by the owner and approved by the City as meeting the City public street construction requirements. 6. That cash-in-Iieu for park land statement be removed from the plat. 7. That the final plat contain a Certificate of County Treasurer. 8. That all utility easements, private roads, etc., be clearly illustrated on the final plat. 9. That the final plat contain the information required in Section 3.3, IlFinal Plat" of the Subdivision Regulations. 10. That Article XV, Item 2, Miscellaneous, of the covenants be changed to fit the proposed project concerning on-street parking. Garages have not been included as a part of this proposal and may not be provided due to the lack of adequate space. 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. Reappointments and appointments to various boards and commissions Mayor Stiff announced his reappointments and appointments as follows: I Library Board - John Parker reappointed to June 30, 1987 Parking Commission - Stephen Quayle and Louis Spain, Sr., reappointed to June 30, 1986 Planning Board - Don McLaughlin, Jr., to replace William Grabow, to June 30, 1984 Zoning Commission - John DeHaas and Robert Soper reappointed to June 30, 1984 Commissioner Anderson thought that a part of the process would be that when an opening occurs, an advertisement wi II be placed in the newspaper to draw publ ic attention. She suggested that a written policy be established for this process. She also noted that the policy should contain a statement on how long an application will be held. Mayor Stiff suggested that this matter be placed on the agenda for discussion prior to establishing a written policy on the application process. I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission concur in the Mayor's reappointments and appointments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request for permission to sell tickets to Buffalo Barbecue; request for waiver of open container ordinance; and application for Beer License for June 24, 1982 - Gallatin Shrine Clowns City Manager Evans presented to the Commission three requests on behalf of the Gallatin Shrine Clowns: (1) permission to sell tickets to a Buffalo Barbecue from a van I parked on Main Street on June 22 and 23; (2) waiver of the open container ordinance for the Buffalo Barbecue to be held at the Gallatin County Fairgrounds from 5: 30 to 8: 00 p. m. on June 24; and (3) an application for a Beer License, along with the required fee, for the Buffalo Barbecue. The City Manager recommended that the first two requests be approved, with the third request approved, pending receipt of the State License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of the Gallatin Shrine Clowns (1) for permission to 040 sell tickets to the Buffalo Barbecue from a van parked on Main Street on June 22 and 23; (2) for a waiver of the open container ordinance for the Buffalo Barbecue to be held at the Gallatin County Fairgrounds on June 24 between 5:30 and 8:00 p.m.; and (3) for an applica- tion for a Beer License for June 24, 1982, pending receipt of the State License. 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 Delivery of City Manager's Estimate of Expenditures and Revenues for Fiscal Year 1982-1983 City Manager Evans delivered to the Commission the City Manager's Estimate of Expen- ditures and Revenues for Fiscal Year 1982-1983, in compliance with the State Codes. The City Manager requested that the Commission acknowledge receipt of the executive budget es- timate. He noted that this estimate is his recommendation to the legislative body, which is charged with preparation of a budget for the City. It is also the resource document for the budget. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the City Manager's Estimate of Expenditures and Revenues for Fiscal Year 1982-1983. 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. Discussion - Cable Television Franchising Commissioner Mathre stated that she had met a representative of Montanans for Quality Television from Missoula, who stated that the organization has a tape available for a fee of $50.00 for the tape or $100.00 to use the tape and have a representative of the organization present. Commissioner Mathre stated that she has talked to Mr. Ed Groenhout, from Bozeman, since that meeting. He is rather well versed in the area of cable franchising, and would be willing to speak to the Commission. I City Manager Evans stated that the City could negotiate a franchise fee. He noted that the Commission must first determine if the fee is to be nominal or a source of income, whether they wish to have a channel available for governmental purposes, or if they wish to impose some type of control to provide cable television to all residents of the city. Following a brief discussion, the Commission requested that this matter be placed on an agenda in the near future, and that Mr. Ed Groenhout be present to speak on cable franchising. Proclamation - "Employ the Youth Week" - June 20-26, 1982 Mayor Stiff proclaimed the week of June 20-26, 1982 as "Employ the Youth Week" in the City of Bozeman and urged all employers and/or citizens to consider hiring a youth this summer. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. 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. File report - Broad Valleys Federation of Libraries for May 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for May 1982 appeared to be in order and recommended that it be accepted and ordered filed. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Broad Valleys Federation of Libraries for May 1982 be accepted and ordered filed. 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. OLI-l Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the claims be approved as submitted. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Adjournment -9:50 p.m. There being no further business to come before the Commission at this time, it was moved 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. STIFF, Mayor ATTEST: Clerk of the Commission I I