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HomeMy WebLinkAbout1982-10-04 197 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 4, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, October 4, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, City Manager Evans, Assistant City Manager Barrick. City Attorney Planalp and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meetings of September 20 and September 27, 1982 were ap- proved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Award bid - janitorial services for Public Library This was the time and place set for the award of the bid for janitorial services for the Public library for the period October 7, 1982 through June 30, 1983. City Manager Evans concurred in the recommendation of the library Board that the bid be awarded to Davis Maintenance, Bozeman, Montana, In the amount of $535.00 per month, it being the best and lowest bid. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission award the bid for janitorial services for the Public Library for the period October 7, 1982 through June 30, 1983 to Davis Maintenance, Bozeman, Montana, in the amount of $535.00 per month, it being the lowest and best bid. The motion carried by the following I 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 - Bozeman Senior High School - Homecoming Parade - October 9, 1982 - 10: 30 a. m. - Main Street City Manager Evans presented to the Commission a request on behalf of the Bozeman Senior High School to conduct their annual Homecoming Parade on Main Street on October 9, 1982, beginning at 10:30 a.m. The City Manager noted that the Chief of Police supports the request and recommended approval. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request of Bozeman Senior High School to conduct the annual Homecoming Parade on Main Street on October 9, 1982, beginning at 10:30 a.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. waiver of open container ordinance - Cooper Park - second floor of North Hed es - 2 - 4: 30 to :00 p.m. City Manager Evans presented to the Commission a request on behalf of the second floor of North Hedges Hall at Montana State University for a waiver of the open container ordinance In Cooper Park on October 15, 1982, from 4:30 to 8:00 p.m. The City Manager I noted that the Chief of Police recommended approval of the request; and the Park Superin- tendent recommended disapproval because no restroom facilities are available at Cooper Park. The Park Superintendent had suggested Bogart Park as a possible alternative site. City Manager Evans recommended that action on the request be deferred until next week. He stated that he will contact the group and request that someone be present to answer any questions which may arise. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that action on the request on behalf of the second floor of North Hedges Hall at Montana State 10-04-82 1"" .~. ...j..,: University for a waiver of the open container ordinance in Cooper Park on October 15, 1982, from 4: 30 to 8: 00 p. m. be deferred for a period of one week. 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. Authorize call for bids - sale of one diamond ring (donated to Public Library) I City Manager Evans stated that the Library Board has requested that this Item be withdrawn from the agenda at this time. Application for Raffle License - Fraternal Order of Eagles No. 326 - December 24, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Fraternal Order of Eagles No. 326 for a raffle to be held on December 24, 1982. To be raffled is a Colt Ace National Park Commemorative Pistol valued at $500.00. The City Manager noted that this application had been submitted to the Commission at last week's meeting; and concern had been raised because the prize Is a handgun. He referred to a letter submitted by Mr. David Schreiber, Manager of the Eagle's Club, stating that the handgun to be raffled is currently registered in his name. He noted that this will allow him to personally make sure that whoever takes possession of the handgun will conform with the requirements set by the Gun Control Act of 1968 as well as all other federal, state and city requirements. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Raffle license on behalf of the Fraternal Order of Eagles No. 326 for a raffle to be held on December 24, 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. I Application for Gambling license - Fraternal Order of Eagles No. 326 - through June 30, 1983 - 1 poker machme City Manager Evans presented to the Commission the application, along with the required fee of $250.00, for renewal of the Gambling License for the Fraternal Order of Eagles No. 326 for the period ending June 30, 1983. City Manager Evans noted that the Eag les currentiy has a Gambling license for one card table and one keno machine, and this application is for the licensing of one poker machine. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License for one poker machine on behalf of the Fraternal Order of Eagles No. 326 for the period ending June 30, 1983. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Com- missioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Gamblinq License - The Topper - throuqh June 30, 1983 - 2 poker machines (new applIcation) City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Gambling license for The Topper for the period ending June 30, 1983. City Manager Evans noted that this is a new application for the licensing of two poker machines. The City Manager recommended that the Commission approve the licensing of one poker machine, I In compliance with the Commission's established polley. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling license for The Topper for one poker machine for the period ending June 30, 1983. 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. 10-04-82 193 Application for Gambling License - Haufbrau - through June 30, 1983 - 1 poker machine and 1 card table City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for renewal of the Gambling license for the Haufbrau for the period ending June 30, 1983. City Manager Evans noted that this application Is for the licensing of one poker machine and one card table. An application on behalf of the Haufbrau for two card I tables was approved at last week's Commission meeting. This application requests a change from the original approval to allow a poker machine. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling license for the Haufbrau for one poker machine and one card table for the period ending June 30, 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. license - The Molly Brown - through June 30, 1983 - 1 card table City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for renewal of the Gambling license for The Molly Brown for the period ending June 30, 1983. City Manager Evans noted that this application Is for the licensing of one poker machine and one card table. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Gambling license for The Molly Brown for one poker machine and one card table for the period ending June 30. 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 June 30, 1983 - City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for renewal of the Gambling license for the B.P.O. Elks Club No. 463 for the period ending June 30, 1983. City Manager Evans noted that this application Is for the licensing of one poker machine and one card table. The Elks Club is currently licensed for two poker tables and Is requesting a transfer to include one poker table and one poker machine. The City Manager recommended approval of the transfer. and that the fee submitted be returned. I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for transfer of the Gambling license for the B. P.O. Elks Club No. 463 from two card tables to one poker machine and one card table for the period ending June 30, 1983, at no additional fee. 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 Gambling license - Zoo Bar - through June 30, 1983 - 1 poker machine and 1 card table (new application) City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Gambling license for the Zoo Bar' for the period ending June 30, 1983. I City Manager Evans noted that this is a new application for the licensing of one poker machine and one card table. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling license for the Zoo Bar for one poker machine and one card table for the period ending June 30, 1983. 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. 10-04-82 ?n " '.. i.) ,; Staff report - Stockholders meeting - Mystic Lake Dam - City Attorney City Attorney Planalp stated that at the meeting of the Bozeman Creek Reservoir Company held on October 1, 1982, after several hou rs of consideration the stockholders voted unanimously to breach the Mystic Lake Dam. The Association also requested that City Engineer Van1t Hul help coordinate the engineering and breaching of the dam; approved payment of fees to Christian, Spring, Sielbach and Associates; and deferred action on the attorney's fees submitted by Mr. Jim Moore. I The City Attorney noted that the major portion of the discussion was about the fact that Mr. Ken Kraft relies entirely on the water from the stream for irrigation. The rest of the irrigators have decreed water rights as well as rights to the stream water from Mystic Lake Dam. The irrigators are willing to meet and reach a satisfactory cooperative use of the water available through the stream during the time that the dam is breached. The City Attorney also noted that when the cut is made, the contractor will attempt to install a valve that can be used to provide water for Mr. Kraft. The City Attorney stated that consideration of filing an application for additional water storage capacity was not discussed at the meeting. He stated that the City will be taking action on this application at a future date. Discussion - low-income housing - Commissioner Anderson Commissioner Anderson stated that she has been requested to write a letter as a City Commissioner to assist the Bozeman Fair Housing Coalition in applying for grant monies to study possible solutions to low-income housing problems. She noted that she could write the letter as an individual if necessary, but she feels that It would help the application process more if the letter were signed In the capacity of a City Commissioner. Commissioner Vant Hull suggested that Commissioner Anderson draft a letter for review and approval by the City Commission. She also noted that it might be better for the letter to be from the Commission rather than one individual Commissioner. Commissioner Anderson also suggested that there be more publicity on the application I process for the Citizens' Committee to Study Low-I ncome Housing. Mayor Stiff requested that this matter be placed on next week's agenda for review of a draft letter submitted by Commissioner Anderson and a report on the number of applications received from those interested in serving on the Committee. Report on Centennial Committee activities - Commissioner Weaver Commissioner Weaver stated that the Centennial Committee expressed its gratitude for the transfer of monies from the City's Centennial Trust Fund to the Centennial Committee. He stated that he has met with one service club, and the Chairman of the Centennial Committee has also met with one service club. He noted that the Committee plans to undertake several activities In conjunction with Bozeman's Centennial. He stated that the Committee is planning a ball to begin the centennial activities. Other possible activities Include a decorators' show case at the SAE House; an air show by the Air Force Thunderbirds and a ceramic show. The Museum of the Rockies will create a durable display on John Bozeman and temporary displays which may include the Schlecten photographic display and a replica of the old Opera House. The Centennial Committee is also considering an inventory of historical structures In Bozeman, with the possible use of federal grant monies. Mr. Don McLaughlin presented to the Commission a brief summary of the processes in- volved in a historical survey. He noted that the City could apply for matching grant funds from the Montana Historical Society. This would require matching funds at the local level, which could include volunteering of one's time and services. Mr. McLaughlin noted that, in I addition to the centennial celebration, some long-term events should be considered. A historical survey could provide a basic Inventory of historical structures; and the information could be valuable In planning and zoning and could possibly be used to establish tours around the city. Mr. McLaughlin noted that grant funds could be used to hire a professional consultant to prepare the necessary documents for an Inventory. He also noted that the City might con- 10-04-82 201 sider housing that professional In the Planning Department since the information received could be vital to that office. Also, pertinent data for the project would be available in that office. Mayor Stiff asked If the Centennial Committee will generate the monies for the matching funds or If the City Is expected to generate the monies. Commissioner Weaver stated that the Centennial Committee wlll probably discuss that I aspect of the program at its meeting to be held on Wednesday. Planning Director John Moss stated that he has prepared applications for and run grants in the past. He noted that two to three days would be required to complete a budget for the project. He also noted that the office space used and staff time on the project could be charged against the grant. He feels that a professional historical inventory could be valu- able to the Planning Department. Commissioner Vant Hull noted that several months ago, Mike Hoey and Nlki Glen presented a proposal to paint a mural on the east wall of the Eagles Club. She inquired as to the status of that project. Mr. Bruce Smith, Chairman of the Centennial Committee, stated that they have been successful in raising monies for the project. He noted that they are almost ready to begin the project. Another report from the Centennial Committee will be forthcoming within the next month. Discussion - policy and format for public hearings City Manager Evans presented to the Commission a revised draft policy statement for the conduct of publ ic hearings. Mayor Stiff felt that the policy and format for some of the public hearings scheduled In the evening session should be established. Commissioner Weaver stated that the policy and procedure established by the Commission I for the hearings should be stated prior to opening of the public hearings. He noted that this would help to eliminate any possible problems. Following a discussion, the Commission noted that City employees would present their reports, and all other individuals would be limited to five minutes. The Mayor also noted that If written material has been submitted, articulation of the material would be considered redundant. Mayor Stiff requested that if any public hearings during the evening session appear to be lengthy or controversial, a discussion item be placed on the 4: 00 p. m. agenda to determine the format to be used for the public hearing. He also expressed concern with the way in which the section on public hearing format is written. Mayor Stiff requested that the draft pOlicy statement be placed on the agenda for November 8, 1982 for further review and discussion. Dlscussion- relationship of T AC and PCC to the City Commission City Manager Evans stated that the discussion on the relationship of the Technical Ad- visory Committee and the Policy Coordinating Committee is the result of the development of the Bozeman Transportation Plan. He noted that the major question Is on who has the final authority for adoption of the Transportation Plan. He also stated that the role of the committees should be evaluated. The City Manager noted that the By-Laws state that the T AC and PCC are advisory to the governing body. Commissioner Anderson stated that she was surprised that the main thrust during the I public hearing was that the Policy Coordinating Committee would have the final decision on the Transportation Plan. Commissioner Anderson also noted that the bicycle plan has emerged several times, yet appears to be a minor Item in the Transportation Plan. She noted that many people feel threatened because the bicycle pathway program has not been given a high priority. Mayor Stiff asked if the City Commission has the right to vacate a street or should the process be completed through the Technical Advisory Committee or the Policy Coordinating Committee. 10-04-82 "') ,', "" t.. U,: City Attorney Planalp stated that the City Commission has the right to vacate streets and alleys. He stated that the Technical Advisory Committee and the Policy Coordinating Committee are advisory to the City Commission. City Manager Evans noted that the Commission may instruct the Technical Advisory Committee and the Policy Coordinating Committee. He suggested that the Commission may wish to Instruct the T AC to develop a bikeway plan for consideration by the City Commission. The City Manager further noted that funding of such a project would probably become the I City's responsibility. City Manager Evans also stated that if City monies are involved, the final decision lies with the City Commission. Discussion - self-government powers City Manager Evans stated that self-government powers have been discussed during the past few months. He also noted that he and the Commission have expressed a desire to research the desirability of self-government powers. The City Manager recommended that a committee consisting of two Commissioners, the City Manager and citizen representatives be formed to further study the matter. He noted that City Attorney Planalp has volunteered to serve as a private citizen on this committee. He also noted that some of the administrators currently involved with self-government powers would be willing to meet with the committee and answer questions and concerns. City Manager Evans stated that under the Commission-Manager form of government, the Commission may adopt an ordinance providing for self-government powers, which is then placed on a ballot. He noted that it may be possible to place the issue of self-government powers on the ballot during the Centennial year. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission form a committee, to include a subcommittee of Commissioners, the City Manager and citizen participants, for the purpose of making a recommendation to the Commission on the adoption of self-government powers, and that the Clerk of the Commission be instructed to place an advertisement In the newspaper soliciting applications for said committee. 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. Commission Resolution 2430 - vacatinq a portion of North Church from Juniper north to Front, easterly 189 feet of Hemlock between Church and Front, and alley In ~Iock 112, Northern Pacific Addition City Manager Evans presented Commission Resolution No. 2430, entitled: COMMISSION RESOLUTION NO. 2430 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN VACATING A PORTION OF NORTH CHURCH AVENUE, HEMLOCK STREET AND THE ALLEY IN BLOCK 112, ALL IN THE NORTHERN PACIFIC ADDI- TION. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2430, vacating a portion of North Church Avenue from Juniper Street north to Front Street, the easterly 189 feet of Hemlock Street between North Church Avenue and Front Street, and the alley In Block 112 of the Northern Pacific Addition to the City of Bozeman. 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 - 6:00 p.m. I Mayor Stiff declared a recess at 6: 00 p. m., to reconvene at 7: 00 p. m. for items of public interest and to complete the routine business. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of con- ducting the scheduled public hearings and for completion of the routine business items. 10-04-82 203 Continued public hearing - request for vacation - Bozeman Deaconess Hospital - portions of West Beall and North Willson This was the time and place set for the continued public hearing on the petition sub- mitted by the Bozeman Deaconess Hospital for the vacation of West Beall Street between North Grand Avenue and North Tracy Avenue and the vacation of North Willson Avenue between West Lamme Street and West Villard Street. I Mayor Stiff opened the continued public hearing. The Mayor noted that the publ ic hearing was opened on September 20, 1982 and was continued to this date. He stated that all testimony and information received two weeks ago need not be repeated as it is entered as a part of the testimony in this hearing; all written information received during the past two weeks will be entered into this hearing; and anything which has been received in writing need not be given orally as it will be considered redundant. The Mayor also noted that the City would present Its report, the Hospital would be given an opportunity to speak, and then all proponents and opponents would be limited to five minutes. The City Manager reviewed the estimate of costs submitted by the City Engineer that could be incurred with the vacation of portions of West Beall Street and North Willson Avenue. He noted that the estimated cost for Improvements on West Villard would be $31,250.00; im- provement of the intersection at Lamme Street and North Tracy Avenue would be $50,000.00 plus costs of acquiring right of way; utility tunnels under North Willson Avenue would be $150.00 to $200.00 per lineal foot; and improvement of North Grand Avenue would cost approximately $385,625.00 plus costs for acquiring right of way. The City Manager also noted that improvement of North Grand Avenue as a possible minor collector street would eliminate a large number of trees along the street and would reduce some of the front yard areas to three feet or less. Commissioner Vant Hull noted that she had requested estimated figures from the En- gineering Department for establishing a one-way couplet using North Tracy Avenue and North Grand Avenue. The estimated cost was set at $472,000.00. I Mr. Jim Williams, Assistant Administrator at the Hospital, noted that by vacating North Willson Avenue, maintenance monies will be saved. He noted that those monies could possibly be transferred to maintenance or upgrading of North Grand Avenue or North Tracy Avenue. Mr. Carroll Henderson stated that the Bozeman Deaconess Hospital has options available that can be exercised more economically or more advantageously than if the streets are vacated. He noted that if a portion of the streets are vacated now so that the Hospital may expand, they may possibly present another request for vacation in the next fifteen or twenty years so that they may further expand. Mr. Henderson also noted that the Hospital currently owns land near Hillcrest Retirement Home that would be an ideal location. Mr. Henderson also stated that more justification should be given for closing of streets that are essential to the City than has been presented. Mr. Cory Dogterum, member of the Hospital Board of Directors, stated that the Hospital has incurred considerable expense in evaluating possible alternative sites. He noted that other possible sites could require improvement of other streets in the city, at considerable expense. Mr. Dogterum noted that the least expensive and best way to improve the Hospital facilities is to remain in the present location. He also feels that the impact on the downtown core area is better if the Hospital remains where It Is. Commissioner Weaver asked If the Impact of the expansion on the surrounding residen- tial and commercial areas has been considered. Mr. Dogterum stated that the medical facilities in the area have been slowly eliminating the residential character. He also stated that the Hospital has requested that anyone wishing I to sell a residence in the immediate area allow the Hospital the first opportunity to purchase the property. He did note that location of a street immediately outside one's front door may have an adverse impact on that individual. Mr. Dogterum stated that the plans for the new Hospital expansion provide for construc- tion of one level at the present time. The plans for future expansion include the addition of up to two floors. Mr. Dogterum also noted that new regulations on reimbursement programs require the separation of the extended care facility from the patient care facilities. 10-04-82 ?''"\' '_ U : Commissioner Mathre asked who would bear the costs for the street improvements in the area. She noted that It would not be fair to ask property owners in the immediate area to bear the costs of improvements through a Special Improvement District because of the Hos- pital expansion. City Manager Evans noted that the City could bear the costs; the City could assign an impact fee; or the improvements could be financed by a Special Improvement District petitioned for by the adjacent property owners, which he does not see as feasible. I Mr. Jim Williams noted that the current Transportation Plan designates North Willson Avenue as a minor arterial, while the Transportation Plan developed in 1972 designated North Tracy Avenue as the minor arterial. He stated that this indicates that the Plan is not in- flexible. Commissioner Weaver noted that the impacts of the Hospital's requested vacation of streets are not all good. Mr. Williams agreed that there are some adverse impacts as well as the positive ones. Mrs. Frances Heagney, 312 South Ninth, stated that no one has addressed the impact that the new construction will have on hospitalization costs, and asked if people will be able to afford the new rates. She noted that it is likely that the average wage earner will not be able to afford hospital care. Mrs. Heagney also noted that vacation of North Willson Avenue will have an impact on private property owners along North Grand Avenue and North Tracy Avenue. Mrs. Heagney stated that she is opposed to the requested vacation of streets because of the increased costs and adverse impact on residents in the area. Mayor Stiff closed the public hearing. City Manager Evans noted that the distance between North Seventh Avenue and North Rouse Avenue, two present arterial streets, is approximately ten blocks. The standard dis- tance between arterials in cities is one mile. Also, little public protest has been received on the closing of the two streets in question; and none of that protest has been submitted by residents in the immediate vicinity. City Manager Evans then recommended vacation of West Beall Street between North I Grand Avenue and North Tracy Avenue and vacation of North Willson Avenue between West Lamme Street and West Villard Street, subject to the condition that the Bozeman Deaconess Hospital provide and pay for the following: (1) paving of West Villard Street between North Grand Avenue and North Willson Avenue; (2) straighten the dog-leg intersection on Lamme Street at North Tracy Avenue with a gentle curve; (3) adequate pa rking for the faci Iity that is constructed, regardless of the size; and (4) provide a utility tunnel for the City's utilities that lie under the streets being vacated. The City Manager noted that a good traffic flow can be maintained with sufficient one-way couplets and good traffic flow patterns. He further noted that any building placed over the utility lines would prohibit the equipment getting to the lines for service, thus creating the need for tunnels. It was moved by Commissioner Weaver I seconded by Commissioner Mathre, that the Commission waive the customary one-week interval prior to a decision in view of the adverse impact that the delay would have on the construction of a facility which Is vital to the health, safety and welfare of the community and surrounding area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commis- sioner Anderson and Mayor Stiff; those voting No being Commissioner Vant Hull. City Attorney Planalp recommended that the Commission also include the condition that the streets will not be vacated until the construction of the project Is ready to beginning or until the bonds are sold, whichever the Commission wishes. It was moved by Commissioner Weaver I seconded by Commissioner Mathre, that the Commission approve the petition submitted by the Bozeman Deaconess Hospital for vacation of I West Beall Street between North Grand Avenue and North Tracy Avenue and vacation of North Willson Avenue between West Lamme Street and West Villard Street, subject to the following conditions: 1. That the Bozeman Deaconess Hospital provide and pay for the paving of West Villard Street between North Grand Avenue and North Willson Avenue. 10-04-82 205 2. That the Bozeman Deaconess Hospital be responsible for all costs incurred in straightening the dog-leg intersection on Lamme Street at North Tracy Avenue with a gentle curve. 3. That the Bozeman Deaconess Hospital provide and pay for all parking required for the facility, no matter what the size of the complex. 4. That the Bozeman Deaconess Hospital provide a utility tunnel for all City utility I ines lying under the vacated portions of the streets, with all costs to I be borne by the Hospital. 5. That the City Attorney be instructed and directed to prepare a Resolution vacating the above-enumerated portions of streets upon the sale of bonds for the construction of the facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. This was the time and place set for the continued public hearing on a request on behalf of Rea and Scoffield for a Zone Map Change from R-3 to R-Q for Lot 5B of Amended Subdivision Plat of Lot 5, Block 4, Kirk's Second Subdivision, more commonly known as the northwest corner of West Beall Street and North Fifteenth Avenue. Mayor Stiff opened the continued public hearing. Planning Director John Moss presented the Staff Report. He noted that the building located on this parcel of land was originally constructed as the Kirkwood Baptist Church. Approximately one year ago a Conditional Use Permit was granted to allow medical offices, which are a conditional use in the R-3 Zone, in the structure. The applicant now requests a rezoning from R-3 to R-O so that professional offices may also be located in the structure. I The Planning Director noted that the Zoning Commission recommended approval of the request. Planning Director John Moss stated that restrictive covenants have been established on this parcel. He noted that these covenants have no affect on the zone change; and the zone change does not affect the covenants. Mr. Moss stated that the restrictive covenants are only binding on the owner of the property. Mayor Stiff noted that the restrictive covenants will transfer with a change of owner- ship. He asked what will happen at the end of thirty years, when the restrictive covenants expire. City Attorney Planalp stated that when the restrictive covenants terminate at the end of thirty years, the owner of the property at that time will .be able to do whatever he wants, as long as it meets the zoning regulations. Mr. Wade Rea, applicant, stated that since he has purchased the property, he has in- volved the neighbors in his plans. Mr. Rea noted that the neighbors expressed concerns about rezoning the property to R-O. He stated that he and the adjacent property owners wrote the restrictive covenants, which satisfy all parties concerned. Mr. Rea noted that the current planting season is now past. He will sign an agreement to complete the landscaping improvements on the site next spring. Mr. Frank Calvin, 302 North Sixteenth, noted that his property Is adjacent to the west side of the site. He stated that all of his concerns have been satisfied with the restrictive covenants. He further expressed support of the application for the zone change. Rev. Fritz Keiper I Pastor of the Kirkwood Baptist Church, supported the requested I zone change. He noted that there was hostility in the neighborhood when the proposed zone change was initially suggested. Since that time, the applicant has worked with the neighbors, and a good working relationship now exists. 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 next week. 10-04-82 2U() Public hearinq - Conditional Use Permit - Ken LeClair - construction of 68-unit PUD - Nt, SWt, Section 12, T2S, R5E, MPM (fronting on West Olive Street) This was the time and place set for the public hearing on the request on behalf of Mr. Ken LeClair for a Conditional Use Permit to construct a 68-unit Planned Unit Development on the Nt, SWL Section 12, Township 2 South, Range 5 East, MPM. Said tract of land is 6.14 acres in size, lying between West Olive Street and West Koch Street, with South Seventeenth Avenue providing a cul-de-sac within the parcel. I Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. The Planning Director noted that the site lies immediately north of the Law and Justice Center site. Mr. Moss noted that a Conditional Use Permit, with sixteen conditions attached, was previously approved. The six-month period elapsed without the applicant proceeding with the project. The plans for the site have now been revised, and the applicant is once again requesting a Conditional Use Permit. The Planning Director noted that the Planned Unit Development is scheduled to be built in phases. When the entire development is considered, sufficient parking spaces have been provided. However, when considering the development in phases, Phase III lacks six parking spaces. The Zoning Commission recommended approval of the Conditional Use Permit, subject to thirteen conditions. Commissioner Mathre noted that the development is to be completed in four phases, with a completion date of 1985. She further noted that a Conditional Use Permit expires after eighteen months. Planning Director Moss stated that the Commission has the option to set a completion date for the project at the time of approval of the Conditional Use Permit. Mr. Bernard Mazanec, Architect, stated that the developer will meet the conditions set forth by the Zoning Commission. Mr. Mazanec stated that in the plans, the number of re- quired parking spaces was based on the entire development. He noted that with a change in the lines between the phases, the additional six parking spaces required for Phase III could be provided. Mr. Mazanec also noted that no provision for small car parking spaces has been I made. He stated that by providing some of these spaces, the area for landscaping could be increased. Mr. John Parker, Woodbrook Development, noted that no sidewalks are provided near the streets. He expressed that several areas of the city currently lack sidewalks and noted that this can present a safety hazard. He does support the proposed Planned Unit Development. 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 hearinq - Zone Code Amendment - to establish adult stores and theatres in M-l and M-2 districts This was the time and place set for the public hearing on the Zone Code Amendment proposed by the Planning Staff to provide for adult book stores and adult motion picture theatres in the M-1 and M-2 Districts. The proposed Amendment is to provide definitions to include Sections 18.06.021, Adult Book Store; 18.06.022, Adult Motion Picture Theatre; 18.06.531, Specified Anatomical Areas; and 18.06.532, Specified Sexual Activities; and to amend Section 18.72.050, to permit adult book stores and adult motion picture theatres as conditional uses in the M-l, Commercial-Light Manufacturing District, and the M-2, Manufacturing and Industrial District. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. The Zoning Commission recommended approval of the Zone Code Amendment. I The Planning Director presented an overlay map which shows the areas in which an adult store may be located with the appropriate setbacks in the suggested zones. He noted that the zones in which a particular business may be located may be enumerated and certain restrictions on location may be made. However, those restrictions may not be so strict as to limit possible locations to a very few. 10-04-82 207 The Planning Director further noted that the proposed Zone Code Amendment does not address those businesses presently in existence. He stated that if the Zone Code Amendment is adopted, those businesses would become nonconforming uses. I f the business were closed for more than ninety days, it would then not be allowed to remain in its old location, but would have to be relocated to an M-l or M-2 District. City Attorney Planalp noted that the Commission must consider the fact that the Zone I Code Amendment would place a retail establishment In an M-l or M-2 District; would list the use as a conditional use, rather than a permitted use, within these districts; and would elimi- nate clustering because of the 500-foot setback requirement. The City Attorney suggested that the Commission gather more information to help evaluate the matter and to help develop the rat lona Ie for the Zone Code Amendment. Commissioner Weaver suggested that in the definition for adult book store and adult motion picture theatre, written materials be separated from paraphernalia. City Attorney Planalp noted that paraphernalia are not covered in the First Amendment guarantees. City Manager Evans noted that in some stores, magazines are available which could be objectionable, but they are not the main stock and trade of the stores. He noted that the proposal Is not to censor the merchandise, but to designate a specific area in which they can be sold. Mr. John Parker, 1612 South Tracy, stated that the proposed Zone Code Amendment is a thinly veiled attempt to censor those people who go to Ms. Kitty's. He noted that the pro- posal would put adult stores in the dumps of the city. He stated that he is embarrassed to walk down the street where there are adult stores; however, he does not feel that they would be limited to the M-l or M-2 District. City Manager Evans recommended that the Commission continue the public hearing to allow time to study the proposed Zone Code Amendment and come back with specific questions that should be answered prior to making a decision. I Mayor Stiff continued the public hearing until November 1, 1982. Request - transfer from General Fund to Lighting District Funds - $52,945.01 City Manager Evans presented to the Commission a request for transfer of funds from the General Fund to the various Lighting District Funds, in the total amount of $52,945.01. The City Manager noted that until the last Legislative Session, the City could charge 75 percent of the electrical charges against the various Lighting Districts. That law has now been revised so that 100 percent of the electrical charges can be charged back to the various Lighting Districts. The City Manager further noted that some of the Lighting Districts include City property and Federal property, which the City cannot assess. City Manager Evans stated that this is a routine matter and recommended that the Commission authorize the transfer of funds to clear the various Lighting District accounts. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the transfer of monies from the General Fund to the various lighting Districts, as requested by Director of Finance Swan, as follows: District No. Amount 284 $ 621.43 288 54.60 289 35.84 290 81.91 295 1,344.17 300 93.53 361 2,293.48 I 362 689.79 388 2,112.44 400 482.37 420 314.11 423 303.39 453 962.58 459 3,126.55 460 2,179.81 461 251.28 462 426.23 10-04-82 2u District No. Amount 479 2,626.00 480 3,961.72 484 371.60 490 674.96 491 659.10 508 28,798.26 572 419.42 579 8.28 I 618 52. 16 TOTAL $ 52,945.01 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. Reminder - Commission meeting on Tuesday, October 12 rather than Monday, October 11 - Columbus Day City Manager Evans noted that State Law provides that the second Monday in October is the official observance of Columbus Day. He stated that, following the policy established by the Commission, the Commission meeting will be held on Tuesday, October 12, 1982, as it is the day following the hol iday . City Manager's report - receipt of taxable valuation for Fiscal Year 1982-83 City Manager Evans stated that the City has just received a letter from the County Assessor's office setting forth the taxable valuation for the Fiscal Year 1982-83. The current valuation is set at $21,114,024.00, compared to $23,154,049.00 for Fiscal Year 1981-82. The City Manager noted that this represents an 8.81 percent decrease in the taxable valuation. City Manager Evans stated that he had completed his budget recommendations in May, based on a 5 percent reduction in the taxable valuation. He further noted that failure to receive I the actual taxable valuation until October makes it difficult to budget accurately. The City Manager stated that he will prepare a Mill Levy Resolution for consideration at next week's Commission meeting. Comments on anti-nuclear proliferation - Commissioner Anderson Commissioner Anderson stated that the last issue of the Common Cause Magazine contains an article on anti-nuclear proliferation. The article notes that 693 resolutions supporting a freeze on nuclear proliferation have been adopted by states, city and county counci Is, and town meetings throughout the United States. Also, 25 percent of the American people will have an opportunity to vote on local nuclear freeze initiatives this Fall. Proclamation - "Lupus Awareness Week" - October 17-23, 1982 Mayor Stiff proclaimed the week of October 17 through 23, 1982 as "Lupus Awareness Week" in the City of Bozeman and urged all citizens of Bozeman to join in observance of this special week set aside to publicize this prevalent but little known disease. 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. Authorize Mayor to sign - Grant Aqreementl Amendment Form - EPA C300208-25-2 - payment I for sludge handling equipment City Manager Evans presented to the Commission a Grant Amendment from EPA which decreases the grant by $6,908.00. The Grant Amendment is for the two nurse trailers and sludge injector. This portion of the EPA project was closed in August and is routine paper- work for the EPA office. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Grant Amendment with EPA for the two nurse 10-04-82 209 trailers and sludge injector, to decrease the total grant amount by $6,908.00. 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 attend - City Engineer Van't Hul - APWA Rocky Mountain Chapter - I Board of Directors Meeting - Boise, Idaho - October 20, 1982 City Manager Evans presented to the Commission a request on behalf of City Engineer Van't Hul for permission to attend the American Public Works Association, Rocky Mountain Chapter, Board of Di rectors meeting to be held in Boise, Idaho, on October 20, 1982. The City Manager noted that the City Engineer is requesting reimbursement for mileage expenses in his personal vehicle for one way to Boise and recommended that the Commission approve the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the re- quest on behalf of City Engineer Van't Hul for permission to attend the American Public Works Association, Rocky Mountain Chapter, Board of Di rector meeting In Boise, Idaho, on October 20, 1982 be approved and, it being In the public interest, his expenses for one way mileage to Boise in a personal vehicle be paid out of the appropriate fund. T he mot ion 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. 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 Weaver, seconded by Commissioner Vant Hull, that the I claims be approved as submitted. 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. File report - Broad Valleys Federation of Libraries - August 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for August 1982 appeared to be In order and recommended that it be ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson. that the report for the B road Valleys Federation of Libraries for August 1982 be accepted and ordered filed. 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 - 11:12 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 ad- jou rned. 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 ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 10-04-82