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HomeMy WebLinkAbout1982-10-12 r, ,- ,I\.,..,. ,"J~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 12, 1982 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 12, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I 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 Mathre. The minutes of the regular meeting of October 4, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Decision - Zone Map Change - Rea and Scoffield - R-3 to R-O, Lot 58 of Amended Subdivision Plat of Lot 5, Block 4, Kirk's Second SuDalvlslon TNW quaarant of West Beall and North 15th) This was the time and place set for a decision on a request on behalf of Rea and Scoffleld for a Zone Map Change from R-3 to R-O 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. City Manager Evans recommended approval of the request. Commissioner Mathre noted that the Staff Report addresses the possibility of spot zoning. She noted that the proposed zoning is not in conflict with the comprehensive zoning plan. However, the fact that covenants have been applied to the property indicates that not all of the uses allowed in the R-O zone are compatible with the area. She also noted that the City has no authority to uphold the restrictive covenants established for this parcel. I Commissioner Mathre feels that this is a small parcel being singled out for special treatment. She also noted that this rezoning will place another R-O parcel in a predominantly R-3 zone. She stated that she feels that there are sufficient R-O zones to meet the needs of the community. Commissioner Vant Hull noted that the neighbors feel that the proposed use is better than the use presently located on this site. City Attorney Planalp asked if more than 25 percent of the property owners located in the immediate vicinity of the site have submitted opposition to the zone change. Assistant City Manager Barrick stated that no opposition has been received. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the request on behalf of Rea and Scoffield for a Zone Map Change from R-3 to R-O 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, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Mathre. Decision - Conditional Use Permit - Ken LeClair - construction of 68-unit PUD - Nt, SWi, Section 12, T2S, R5E, MPM (fronting on West Olive Street) This was the time and place set for the decision on the request on behalf of Mr. Ken LeClair for a Conditional Use Permit to construct a 68-unlt Planned Unit Development on the I Nt, SWi, 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. City Manager Evans recommended conditional approval of the request. Commissioner Mathre noted that the conditions set forth by the Zoning Commission state that the Conditional Use Permit will be valid for a period of eighteen months. However, 10-12-82 211 completion of construction of the entire project Is anticipated for the Fall of 1985. Planning Director John Moss stated that Phase I will be completed within the eighteen- month period established. Provisions will be made in the Improvements Agreement for the time provided for the developer to complete Phases II, III and IV. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the request on behalf of Mr. Ken LeClair for a Conditional Use Permit to construct a 68-unit I Planned Unit Development on the Nt, SWi, of Section 12, Township 2 South, Range 5 East, MPM, lying between West Olive Street and West Koch Street, with South Seventeenth Avenue providing a cul-de-sac within the parcel, be approved, subject to the following conditions: 1. The parking areas in Phases I and IV do not contain landscaped areas required by Section 18.84.040 of the Zoning Ordinance. Parking lot landscaped area is short of Code requirements by 83.5 square feet in Phase I and 77 square feet in Phase IV. Therefore, the plans must be revised to increase the parking and landscaping as required by the Zoning Ordinance. 2. Section 18.84.050 requires 2i parking spaces per each dwelling unit. Phases I, II and IV meet Code requirements. Phase "I has 39 parking spaces. The Code requires 45. Therefore, the plans for Phase III must be revised to provide the required off-street parking. 3. That the final site plans contain the information required in Section 18.75.050 of the Zoning Ordinance. 4. That the developer provide "No Parking" signs on all private roads and on the South Seventeenth Avenue cul-de-sac. 5. That the final site plan be revised to provide for the movement of pedestrian traffic through the proposed development, and that such plans be reviewed and approved by the Planning Staff prior to final site plan approval. 6. That the paving, drainage and grading plans be reviewed and approved by the City Engineer prior to final site plan approval. 7. The construction plans for the water, sanitary sewer and emergency access be reviewed and approved by the City Engineer and Fire Chief prior to final site plan approval. I 8. That the Home Owners' Association documents and protective covenants be reviewed and approved by the Planning Staff. 9. That all site improvements must be installed and approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an Improvements Agreement and provide an acceptable method of security, such as a Performance Bond or Letter of Credit equal to one and one-half times of the cost of said improvements. 10. That three (3) copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) copy shall be retained by the Building Division; and one (1) signed copy shall be retained by the appl icant. 11. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An onsite inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - waiver of open container ordinance - Second floor of North Hedges - Cooper Park - October 15, 1982 - 4:30 to 8:00 p.m. City Manager Evans presented to the Commission a request on behalf of the Second floor of North Hedges for waiver of the open container ordinance in Cooper Park on October 15, 10-12-82 2_. ; 1982, from 4:30 p.m. to 8:00 p.m. The City Manager noted that this request had been pre- sented at last week's meeting but had been deferred for a period of one week to allow an op- portunity to speak with the group requesting the waiver. He noted that one of the main con- cerns is that there are no restroom facilities at Cooper Park, and the waiver is requested for the hours of 4:30 to 8:00 p.m. Mr. Ron Taylor, representing the second floor of North Hedges, stated that their group is planning a road rally to be held on October 15, 1982, with the termination point at I Cooper Park. He stated that the participants in the rally will be at the park for approximate- ly 40 to 80 minutes while the race is completed, the winners are determined and the trophies a re distributed. Mr. Taylor also noted that no alcoholic beverages will be consumed prior to the race, or the pa rticipant wi II be disqualified. He further noted that the extended period of time requested on the waiver is for those involved in setting up the race and determining winners in the event that they may have a beer while working. Mr. Taylor also stated that the rally group would be willing to accept the waiver of the open container for another park but would prefer not to move the entire group for such a short period of time. Commissioner Weaver asked if the restroom facilities at Bogert Park would be open. City Manager Evans stated that the only open restroom facilities are located at Lindley Park and Kirk Park. The City Manager recommended that the Commission approve the request for waiver of the open container ordinance for Cooper Park because the activity will not be in the park for an extended period of time. It was moved by Commissioner Anderson. seconded by Commissioner Mathre, that the waiver of the open container ordinance requested by the residents of the second floor of North Hedges, Montana State University, for the completion of a road rally to be held in Cooper Pa rk on October 15, 1982, between the hou rs of 4: 30 p. m. and 8: 00 p. m., be approved because of the short duration involved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver. Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - extension of temporary location of Rainbow Auto Sales at 2514 West Main for one year City Manager Evans presented to the Commission a request for extension of the temporary location of Rainbow Auto Sales at 2514 West Main Street for one year. The City Manager noted that approval for the temporary location of Rainbow Auto Sales had been granted on August 5, 1981, for a one-year period. That time has now elapsed; and Mr. Gene Cook, current owner of the property, is requesting an additional one-year extension to September 10, 1983. The City Manager concurred in the Planning Staff's recommendation that an extension be granted to August 1, 1983. Commissioner Vant Hull noted that Mr. Cook has several outstanding delinquent Special Improvement District payments and asked if approval or disapproval of this request could be establ ished on that basis. City Attorney Planalp noted that in this case, one process would be held until per- formance of another obligation has been fulfilled. He further noted that it would be difficult to base a decision on that criteria. The City Attorney further noted that if a decision is made on that basis in this case, the same criteria would have to be used for all other similar requests. Commissioner Mathre stated that the Commission has adopted a Resolution providing that if a Special Improvement District becomes delinquent. the entire outstanding amount may I be called due and payable immediately, with penalties and interest accruing on the entire outstanding amount. Commissioner Weaver expressed concern about linking two separate Items in dealing with one specific request. Mayor Stiff noted that delinquent Special Improvement District payments have become a problem for the City and supported Commissioner Vant Hull's suggestion. 10-12-82 213 City Manager Evans noted that linking two separate items on this matter could be self- defeating. He reminded the Commission that the City is currently negotiating with Mr. Cook on other matters that might be defeated by such action. He also reminded the Commission of the newly-established policy for delinquent Special Improvement District payments. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the re- quest for an extension of the temporary location of Rainbow Auto Sales at 2514 West Main for I a one-year period, ending on August 1, 1983, be approved. 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 - exemption from landfill fees - Worthy Cause Store City Manager Evans presented to the Commission on behalf of the Worthy Cause Store a request for exemption from landfill fees. The City Manager noted that the Worthy Cause Store performs a worthwhile function to the community, and they operate on a very limited budget. However, he is concerned that other organizations will also request a waiver of the landfill fees, and the Commission wi II be required to make judgment calls. The City Manager stated that he would hesitantly recommend an exemption of the landfill fees for the Worthy Cause Store. Commissioner Mathre asked if the Worthy Cause Store has had garbage collection ser- vice in the past. Ms. Susan Ault, Manager of the Worthy Cause Store, stated that she has taken a pickup load to the dump per week. Until July of this year, she used a dump permit for the garbage disposal. Ms. Ault stated that she has been billed at the rate of $4.50 per week since the first of July but has not yet paid the bill. Mayor Stiff noted that the Salvation Army accepts donated items also. He asked If any other organizations accept donated items for resale. I Ms. Ault stated that she does not know of any other organizations that accept donated items. Mayor Stiff suggested that the motion include conditions that would set the criteria for those organizations which are exempt from the landfill fees. City Manager Evans recommended that the Commission consider a year-to-year waiver of the landfill fees so that the matter may be reviewed. Assistant City Manager Barrick stated that Sanitation Superintendent Gee has stated that the waiving of the landfill fees would have no significant impact on the landfill. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request for an exemption from landfill fees for the Worthy Cause Store for the one-year period beginning July 1, 1982 and ending June 30, 1983, and that all requests for exemption of the landfill fees meet the following criteria: 1. That the request be submitted by a nonprofit organization; 2. That the organization is providing a community service that, if not provided by that organization, would fall directly on the governmental entity to perform; 3. That the costs of landfill fees that are waived do not exceed the social gain or benefit provided the community; and 4. That the organization is one which continues year after year and is in no way temporary in nature. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion. - application for monies for housing rehabilitation assistance for low- and moderate- income rental housing City Manager Evans presented to the Commission the possibility of the City filing an application for monies for housing rehabilitation assistance for low- and moderate-income rental 10-12-82 ? ,!:-'."" ...- housing. The City Manager noted that a local architect has requested that the City consider applying for a grant, as only governmental entities may apply. The City Manager feels that the grant would have some potential and noted that it would be compatible with the review of low-income housing in Bozeman which is being done. Mr. Dave Leavengood, Architect, stated that the Section 8 program is for rehabilitation of existing structures. He stated that four structures in Livingston are currently being re- habilitated into living structures under this program. Mr. Leavengood noted that between I twenty and forty units of Section 8 rehabilitation which have been allocated to various towns in Montana may be returned for reallocation in the near future. Mr. Leavengood requested that the City consider applying for forty units of the Section 8 monies for rehabilitation of living units in Bozeman for the elderly. Mr. Leavengood then showed slides of the structures that are being rehabilitated in Livingston. Mr. Leavengood stated that he has identified a building in the central business district of Bozeman which he feels could be rehabilitated with 40 units of Section 8 monies. He noted that normally commercial financing would be used if the program is deemed financially viable. Mr. Leavengood also stated that the rent on the units would then be subsidized. He noted that the project could be developed for the elderly, for families, or for a combination of the two. Mr. Leavengood stated that the City would incur administrative costs in this project. The State will pay $250.00 per unit for those administrative costs. This is a one-time fee. Commissioner Weaver asked who would pay the subsidy for these units. Mr. Ed Stern, Community Director in Livingston, stated that the tenants pay 25 to 30 percent of the fair market value of the rental unit directly to the landlord. The balance of the rent Is paid to the landlord by the federal government on a monthly basis. Mr. Leavengood also noted that a onetime advertising cost would be incurred by the City for the project. He noted that bids would be submitted to and evaluated by the Commis- sion. Mr. Ed Stern stated that the City applies for the grant and covers the administration I through the rehabilitation. However, the main contract is between the owner and the federal government, with the City acting as the pass-through. Mr. Stern also noted that the City is involved because it can most easily coordinate the program with the needs of that community. Mr. Stern stated that the City is also responsible for inspection of the rehabilitation work and making sure that the contractor is meeting all of the requirements of the contract. When the project is completed, the State reviews the work and approves it. The City is then through with its responsibllity, and the contract is between the owner of the project and the federal and state governments. Planning Director John Moss has spoken with Mr. Pederson in Helena. He stated that the City would be reimbursed for the staff time involved in the project. The Planning Director noted that it would require two to three weeks of one man's time initially and up to one-fourth of a man's time during the term of the project. Planning Director Moss noted that to add this type of project to the Planning Staff at this time would require reshuffling of work com- mitments and a possible hiring of a part-time person. City Manager Evans recommended that, if Planning Director Moss will assume the ad- ministration of the program, the City proceed with an application for Section 8 funds for re- habilitation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct Planning Director Moss to prepare a proposal for a Section 8 Housing Rehabilitation Assistance Grant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner I Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorization to proceed with water line replacement - approximate cost of $30,000.00 (budgeted Iteml City Manager Evans presented to the Commission a request for authorization to proceed with water line replacement at an approximate cost of $30,000.00. The City Manager noted 10-12-82 215 that $20,000.00 has been budgeted for the replacement of this line, which Is the transmission line from the Lyman Creek Reservoir. Water Superintendent Strang stated that it is Imperative that this line be replaced and recommended that the Commission authorize the consulting engineers to prepare specifications for bidding of the project. The Water Superintendent noted that one of the lines has been ruptured since Spring 1981; however, there was no money in the budget to repair the line. I He also stated that the City does not have the equipment to handle the large lines nor to dig deep enough to bury the lines. City Manager Evans noted that there is sufficient flexibility In the Water Enterprise Fund to pay the additional costs above the budgeted amount. He also noted that the City needs to complete construction of the 3D-inch transmission line along Sourdough Road. He noted that if both of the current old lines were to rupture, the city would be without water. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the City Staff to proceed with the necessary steps for the water line replacement from Lyman Creek Reservoir. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commis- sioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Report on Mystic Lake Dam City Manager Evans stated that Northern Testing Laboratories have recorded a slight movement in the dam. They do not know If the total slide moved or if just the area around the pipe in the dam has moved. Northern Testing Laboratories will complete another series of research efforts to determine whether or not the area is stable enough to repair the dam. The City Manager noted that the City does not have any monies available for further studies and suggested that the City pursue any possible means of getting monies from the State for further testing. He also noted that a meeting of the Bozeman Creek Reservoir Association should be held to determine what the shareholders wish to do. I City Engineer Van't Hul stated that the slope inclinometer installed by Northern Testing Laboratories showed a slight movement between 104 and 108 feet below the surface. He stated that this could be an adjustment of the slide. He does not feel that this wllJ create a large problem, but it could. He noted that if the slide were a critical one that indicated that the entire slide is still moving, the dam would have been destroyed years ago. The City Engineer stated that the Department of Natural Resources is continuing the independent survey of the area and review of the report submitted by Christian, Spring, Slelbach and Associates. The men hope to have the review process completed by November 1, 1982. City Engineer Van't Hul stated that the estimated costs for further studies of the movement will cost approximately $29,069.50. He noted that it is important from a safety standpoint to determine if the detected movement is local or Is part of a mass movement. City Manager Evans suggested that the Commissioners speak with the local Legislators about any possible available monies to complete the study. He a I so noted that $60,000.00 of State monies have been invested in studies on the feasibility of repairing the dam to date. City Engineer Van't Hul noted that approval of a grant for further study will be ap- proved through the Governor's Office. Mayor Stiff instructed the Staff to prepare a letter requesting grant monies for further study of the ground activities around the slide to the Governor's Office, with copies to be sent to each of the Legislators and legislative candidates, to be brought to the meeting next week for review and signature by each and every Commissioner. I Authorize Call for Bids - Schedule I, Sanitary Sewer Improvements (EPA) City Manager Evans presented to the Commission a request for authorization to call for bids for construction of Schedule I of the Sanitary Sewer Improvements. The City Manager noted that the sanitary sewer line will cross the Burlington Northern Railroad right of way, and the City has received approval for this crossing. He further noted that this is a portion of the EPA project. If the bids are not awarded by the November 1, 1982 deadline, the City will lose the 75 percent matching funds from EPA for construction of this line. 10-12-82 ? ~l.._ ...._ It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Call for Bids for Schedule I of the Sanitary Sewer Improvements to be covered under the EPA projects and that the bid opening date be set for November 1, 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. Review of draft letter re low-income housing; report on number of applications received for I Committee City Manager Evans stated that six applications have been received for the serving on the Citizens' Committee to Study Low-Income Housing. He noted that three or four applications are currently outstanding. The deadline for filing of applications is October 25, 1982. Commissioner Anderson presented to the Commission the draft letter which she had been requested to prepare. She noted that the letter is basically a position paper which provides a chronological list of events dealing with low-income housing matters. Ms. Marcia Youngman, member of the Bozeman Fair Housing Coalition, stated that their appl icatlon to the Youth Project Foundation is their first request for funding. She also noted that they have been established as a membership organization. Mayor Stiff noted concern that the City and the Bozeman Fair Housing Coalition may be establishing two entities that would be in competition, yet attempting to accomplish the same goal. He noted that not many applications have been received for the City's committee. The Mayor also noted that if the City desires to file an application for Community Development Block Grant Funds, that application should be completed within the next four to five months. Commissioner Anderson stated that the Bozeman Fair Housing Coalition is an advocacy group; while the Citizens' Committee would be attempting to deal with the City's lack of low- income housing possibly through an enforceable Uniform Housing Code. Ms. Youngman noted that the Coalition should be represented on the Citizens' Committee; however, she feels that the Coalition can move forward faster than the City's committee. She I also feels that the City should be represented in the Coalition. Commissioner Vant Hull supports the formation of two separate committees because she feels that they can work in the same areas on some items but need to go their separate ways on other items. Commissioner Anderson asked if she should send the letter as a Commissioner, if the Commission as an entire group should send the letter, or if she should send the letter per- sonally. Commissioner Weaver noted that the Commission is being asked to endorse the Coalition. He is reluctant to take such a step until an advisory committee has been formed by the Com- mission and makes a recommendation on whether such action should be taken. Ms. Youngman noted that monies are available for low-income groups that are not available for the City. She also noted that it is important for low- and moderate-income people to work together to help solve the housing problems. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the the letter, as drafted by Commissioner Anderson, be approved and sent from the entire Com- mission.. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Mathre and Commissioner Anderson; those voting No being Commissioner Weaver and Mayor Stiff. Commission Resolution No. 2431 - Mill Levy Resolution City Manager Evans presented Commission Resolution No. 2431, entitled: I COMMISSION RESOLUTION NO. 2431 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1982-1983. 10-12-82 217 City Manager Evans stated that the proposed Resolution sets a total mill levy of 104.89 mills, or 1.22 mills more than was proposed in the City Manager's Estimate of Expenditures and Revenues, which was prepared in May. The City Manager also noted that the taxable valuation dropped 8.81 percent from last year's valuation and is lower than the taxable valuation was two years ago. The drop in valuation is due primarily to the adjustment in the licensing of vehicles and the 12 percent rollback in commercial property valuations. The City I Manager stated that the Commission could pass the Resolution today or could consider it for a period of one week prior to passage and submission to the County Assessor's Office to be placed on the tax rolls. City Manager Evans also noted that the County Assessor's Office has submitted a cer- tified mill levy of 111.11 mills, so the City is well within the possible mill levy taxation. Commissioner Weaver noted that, even though the mill levy has increased from 96.51 mills last year to the proposed 104.89 mills this year, the total income from the property taxes will be approximately $20,000.00 less than last year. City Manager Evans noted that the income from the property tax has remained almost constant for the past three years. However, use of Revenue Sharing Funds has supplemented the budget. The City Manager noted that the Commission should be aware of the possibility that the Revenue Sharing program may end after September 30, 1983. Mayor Stiff asked If the City Manager had considered reducing the budget rather than increasing the mill levy. The City Manager stated that he had considered reducing the budget, but did not know where to cut it. Commissioner Weaver noted that the lack of increase in property tax dollars shows that the City is dealing with Inflation very well. Mayor Stiff requested that the Resolution be placed on next week's agenda for further consideration and action. I Ordinance No. 1112 - limiting the number of card tables and electronic poker machines per gaming establishment City Manager Evans presented Ordinance No. 1112, entitled: ORDINANCE NO. 1112 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 3.56.100 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR A LIMITATION ON THE NUMBER OF CARD TABLES AND ELECTRONIC POKER MACHINES PER GAMING ESTABLISHMENT IN THE CITY OF BOZEMAN, MONTANA. City Attorney Planalp noted that this ordinance will become effective thirty days after its passage. Commissioner Mathre noted that the ordinance does not address the number of keno machines allowed per establishment. Assistant City Manager Barrick stated that keno machines are addressed In another section of the Code. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1112, limiting the number of card tables and electronic poker machines per gaming establishment. 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 Application for Gambling License - Crystal Bar - through June 30, 1983 - one poker machine 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 Crystal Bar for the period ending June 30, 1983. The City Manager noted that the Crystal Bar currently has a Gambling License for two card tables, and this application is for the licensing of one poker machine. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for one poker machine on behalf of the Crystal Bar for the period ending June 30 , 1983. The motion carried by the 10-12-82 ? ~.',....;.... following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for Gambling License - Valley View Supper Club - through June 30, 1983 - one card table and one poker machIne City Manager Evans presented to the Commission the application, along with the required I fee of $500.00, for renewal of the Gambling License for Valley View Supper Club for the period ending June 30, 1983. The City Manager noted that this application is for the licensing of one card table and one poker machine. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Gambling License for the Valley View Supper club for one card table and 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 Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Gambling License - Willie's Saloon - through June 30, 1983 - one card table and one poker machine (new application) City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Gambling License for Willie's Saloon, for the period ending June 30, 1983. 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 Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Gambling License for Willie's Saloon for one card table and 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, I none. Application for Liquor License - Zoo Bar - through December 31, 1982 City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Liquor License for the Zoo Bar for the period ending December 31, 1982. City Manager Evans noted that this is one of two new All Beverage Liquor licenses being issued within the city. The City Manager noted that the State License has not yet been received and recommended that the Commission approve the license subject to, and effective upon, the receipt of the State License. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Liquor License for the Zoo Bar, for the period end- ing December 31, 1982, subject to, and effective upon, receipt of the State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Raffle License - Kappa Kappa Psi (MSU Music Honorary) - December 3, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Kappa Kappa Psi (MSU Music Honorary) for a raffle to be held on December 3, 1982. To be raffled are $135 worth of records and tapes. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I application for a Raffle License on behalf of Kappa Kappa Psi for a raffle to be held on December 3, 1982, be approved. 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. 10-12-82 219 Proclamation - "Hunger Awareness Week" - October 10 - 17, 1982 Mayor Stiff proclaimed the week of October 10 through 17, 1982 as "Hunger Awareness Week" in the City of Bozeman and urged all citizens of Bozeman to join in the efforts to over- come hunger. 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 I and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for Raffle License - Bozeman Weaver's Guild - November 20, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Bozeman Weavers' Guild for a raffle to be held on November 20, 1982. To be raffled is an afghan valued at $200.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the application for a Raffle License on behalf of the Bozeman Weavers' Guild for a raffle to be held on November 20, 1982, be approved. 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. Application for Raffle License - Bozeman Winter Carnival Committee - November 25, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Bozeman Winter Carnival Committee for a raffle to be held on November 25, 1982. To be raffled is a season pass for Bridger Bowl valued at $190.00. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Raffle License on behalf of the Bozeman Winter Car- nival Committee for a raffle to be held on November 25, 1982. The motion carried by the I 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 - permission to attend - City Manager Evans - Urban Coalition meeting - Billings, Montana - October 14-15, 1982 City Manager Evans presented to the Commission a request for permission to attend the Urban Coalition meeting in Billings, Montana, on October 14 and 15, 1982. The City Manager invited any Commissioner interested, to attend the meeting also. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the request on behalf of City Manager Evans for permission to attend the Urban Coalition meeting to be held in Billings, Montana, on October 14 and 15, 1982, be approved and, it being in the public interest, his expenses be paid out of the appropriate fund. 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. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3, Phase I _ $243,120.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase I. This is Partial Payment Request I No. 14 in the amount of $243,120.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Mayor be authorized to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase I, in the amount of $243,120.00. 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. 10-12-82 ?'" \..,~ .,; Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3, Phase II - $134,025.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase I I. This is Partial Payment Request No.7 In the amount of $134,025.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Mayor be authorized to sign the Request for Reimbursement from EPA for the Waste Water I Treatment Plant, Step 3, Phase II, in the amount of $134,025.00. 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. Acknowledge report - Building Inspection Division for September 1982 City Manager Evans stated that the monthly report for the Building Inspection Division for September 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report for the Building Inspection Division for September 1982 and that it be brought back to the Commission next week for filing. 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. Adjournment - 6:47 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. I ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission ... I 10-12-82