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HomeMy WebLinkAbout1982-11-15 263 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 15, 1982 ********************* The Commission of the City of Bozeman met In regular session in the Commission Room, I Municipal Building, November 15, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant 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 meeting of November 8, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Staff report and appearance by Representative Ken Nordvedt - vehicle fee revenues and State reimbursement revenues in the City budget City Manager Evans presented to the Commission the Staff report concerning vehicle fee revenues and State reimbursement revenues in the City's budget. He further noted that Representative Ken Nordvedt has a presentation following the Staff report. City Manager Evans stated that when the budget was prepared In May 1982, the City staff was unable to receive an estimate of revenues from motor vehicle registrations and re- placement fees from the State, even though repeated efforts were made to obtain the informa- tion. He stated that recently the City has received an estimate from the County that the City will receive $174,000.00 during this fiscal year for replacement of the taxable valuation under the old system and has received an estimate of $106,000.00 from the State for motor vehicle tax reimbursements. I The City Manager stated that the City is now faced with four possible options in deal- ing with the $280,000.00 in unanticipated revenues. These four options include: (1) a re- fund to the taxpayers; (2) appropriate the monies to the All-Purpose General Fund Reserve, for use during next fiscal year; (3) place the monies in escrow, to be used to reduce the mill levy for next fiscal year; or (4) appropriate the monies into the All-Purpose General Fund operating budget in lieu of a like amount of Federal Revenue Sharing monies. The City Manager also noted that the $280,000.00 is equal to 13.26 mills in this fiscal year's budget. Representative Ken Nordvedt stated that he had found no evidence that the flat vehicle fees or State reimbursement had been considered as revenue in the City's budget for this fiscal yea r. He noted that the 1981 Legislature did change the way In which vehicles are taxed. He stated that they have been removed from the personal property tax and have been placed on a flat fee system. Mr. Nordvedt stated that the revenues generated under the new system should be approximately $250,000.00 for the City of Bozeman each year. He further noted that under the new system, the City will be getting approximately the same amount of revenue on an uninterrupted basis because the monies will be disbursed on a monthly basis. He a I so noted that the State will supplement the difference between the flat fee and what the personal property taxes would have generated. Mr. Nordvedt stated that the law, as passed by the 1981 Legislature, was designed to avoid increasing taxes on other properties to cover the lost taxes upon vehicles. Mr. Nordvedt stated that on October 8, 1982, he tried to contact the City, County and School District to tell them about the law and the revenues that they should be considering. I He stated that the citizens can and will petition the County Commissioners to refund the over- paid taxes for the City and School District, and the County Commissioners can then order a refund of the overpayment or credit overpayments to the next tax payment. Mr. Nordvedt noted that reserves in local government budgets are allowed by the State Code, but those re- serves must be listed in the budget. Representative Nordvedt then requested that the Com- mission cooperate in establishing a policy for refunding of tax payments, or various groups may bring legal action against the City. 11-15-82 ,), I'l.~ ,_I Mr. Nordvedt stated that earmarking the $250,000.00 for a reserve to be used during the next fiscal year could be deceptive to the taxpayer. He noted that what might appear to be no increase in the mi II levy cou Id actually be quite an increase. He feels that to refund the unanticipated revenues would provide a more accurate financial picture to the taxpayer. Mayor Stiff asked if the County has made the same error in setting its mi II levy. Representative Nordvedt stated that he has been assured that the vehicle fee reim- bursement revenues were included in the County budget. He feels that the County Commission I was made aware of the additional revenues prior to their setting the mill levy. Mayor Stiff noted concern that more than $280,000.00 of Federal Revenue Sharing Funds were used in this year's budget. The Mayor noted that to refund that amount to the tax- payers this year will probably cause a large increase in the mill levy for next year. He feels it would be in the City's best interests if it were possible to place the unanticipated revenues in an escrow account to be used during the next fiscal year. Mayor Stiff noted that the City's reserves are currently less than $100,000.00. Commissioner Weaver noted that costs will be incurred in the refunding of taxes or credit- ing the second half payment. Commissioner Vant Hull noted that the message Representative Nordvedt is giving is that he is serving the taxpayer. She asked if the taxpayers wi II feel they have been served next year when the new budget is adopted if a refund is given this year. Representative Nordvedt stated that if the $250,000.00 were escrowed, and the City were to list that amount and the new mill levy separately, the taxpayer might feel that he has been served properly. However, legal problems could arise with transfers of property. The possibility of local governments having drastic budget increases with hidden monies remains a potential problem. Representative Nordvedt stated that the taxpayers are best served by making a correction immediately so that the new budget cycle is started from a true base rather than an Inflated base. Mayor Stiff noted that the mill levy for the current budget was not increased because Federal Revenue Sharing monies were used to cover the anticipated decrease in the taxable I valuation. He stated that in the future the Federal Revenue Sharing monies may not be avail- able, and the mill levy will take a rather dramatic increase. Commissioner Vant Hull asked the City Attorney for legal advice. City Attorney Planalp stated that the City Manager has presented to the Commission a list of p.ossible options. He stated that he will review all of the options and give a list of the legal alternatives. The City Attorney stated that he would like to review the legality of the County Commission requiring a refund of the City's unanticipated revenues, as alluded to by Representative Nordvedt. City Manager Evans stated that the City should pursue the best way to handle the error in budgeting. He noted that Federal Revenue Sharing Fund monies can be reappropriated after a public hearing is held. However, the question at this time is what is best for the taxpayers. Commissioner Weaver asked what the cost of the refund would be. City Manager Evans stated that the refund would be a County function. Whether the County absorbs the costs or charges the City would be a matter for the County Commission to decide. He stated that he will try to get an estimate of costs from the County prior to a decision. Mayor Stiff requested that this item be placed on next week's agenda for further dis- cussion. Decision - authorize Director of Finance to proceed with correction of error in assessments for SID 547 or authorize transfer of $21,000.00 from SID Revolving Fund to SID 547 I City Manager Evans stated that the Commission has two possible options to correct the error in assessments for Special Improvement District No. 547, to provide for construction and installation of a storm sewer system along the south side of Durston Road from North Eleventh Avenue to North Eighteenth Avenue. The City Manager noted the two options are (1) reassess the district with the corrected amount or (2) transfer $21,000.00 from the SID Revolving Fund to SID No. 547 to eliminate the deficit. The original resolution of assessment, 11-15-82 265 which was adopted October 18, 1978, provides for assessments based on the correct actual cost of $48,378.37. However, when the City's accounting system was transferred from manual to computerized, the assessment was listed as $27,378.37. The majority of the taxpayers have paid off their assessments and feel they have made the final payment. Mayor Stiff asked If the assessments have been paid off and the property sold, wi II the former owner or the present owner be asked to pay additional assessments? He also asked I if there is a time limit on reassessment. City Attorney Planalp stated that the taxes are on the property and not the owner. He stated that the current property owner would be reassessed if the Commission adopts a resolution reassessing the Special Improvement District. The City Attorney also stated that there are no time limits. I f an error is discovered in assessment of an SID, the Commission may reassess that Special Improvement District at any time during its life. Commissioner Vant Hull asked why the SID is almost paid off. She also asked how many people are involved in the district. Director of Finance Swan stated that the original bond issue was for $70,000.00, and the actual costs were slightly more than $48,000.00. The unused portion of bonds were retired ea r I y . Also, the bond issue and assessments contained several errors. Many of the people in the district paid the SI D assessment totally to eliminate any further problems that may arise if the annual payments were made. She noted that approximately $2,300.00 is stili out- standing on this district. The Director of Finance stated that 105 properties are involved in the SID. She noted that Buttrey's is within the district, and several older people are in- volved. She stated that a reassessment would increase the annual assessments by six times. Director of Finance Swan also noted that it costs $8,460.00 to run the SID bills each year. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that, in view of the costs, the possible impact on and upset of those involved, and the purposes of the SID Revolving Fund, the Commission authorize and direct the Director of Finance to trans- fer $21,000.00 from the SID Revolving Fund to the Special Improvement District No. 547 Debt I Service Fund to eliminate the deficit caused by internal accounting errors. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull. Ordinance No. 1116 - limiting use of designated handicap parking stalls City Manager Evans presented Ordinance No. 1116, entitled: ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN LIMITING THE USE OF DESIGNATED HANDICAP PARKING STALLS AND PROVIDING PENALTY FOR VIOLATION THEREOF. The City Manager stated that a representative of the Disabled American Veterans organization has contacted the City about the abuse of restricted parking areas In the downtown area. Mayor Stiff stated that he has spoken with Mrs. Shirley Sedivy about the proposed ordinance. He feels most handicapped people are embarrassed that the problem with handi- capped parking has occurred. The Mayor noted that in some areas there is not enough handicapped parking, and perhaps too much in others. The Mayor stated that the proposed ordinance addresses the penalty for parking in a stall marked for handicapped parking, but it does not expand or reduce the amount of handicapped parking available. Mrs. Shirley Sedivy stated that she would like to see more handicapped parking places I provided on Main Street rather than in the parking lots. She suggested that one handicapped parking stall per block be provided. She stated that many of the stores have rear entrances from the alley, but those entrances usually have steps. She also noted that a temporary increase in the handicapped parking stalls on Main Street during the month of December would be helpful. Mrs. Sedivy stated that strict enforcement of the handicapped parking stalls must be maintained. Commissioner Vant Hull asked if review of the handicapped parking situation in the downtown area would be a function of the Parking Commission. 11-15-82 "''''1. !( (~) Assistant City Manager Barrick stated that he has contacted the Parking Commission, and they feel that the handicapped parking situation In the downtown area should be corrected. City Manager Evans suggested that a letter from the City Commission be written to the Parking Commission requesting their review and comments regarding handicapped parking stalls and loading zones in the downtown area. Mayor Stiff noted that the University has addressed the problems for handicapped I persons quite well and suggested that MSU be contacted and their input considered. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Ordinance No. 1116, limiting the use of designated handicap parking stalls and providing a penalty for violation of the ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - Raffle License - Quilters' Guild - error in issuance City Manager Evans stated that on Apri I 12, 1982 the Commission had approved an application for a Raffle License on behalf of the Quilters' Guild for a period approaching one year in length. He noted that the State Law limits the time period of a raffle to ninety days. He also noted that the proceeds from the sale of the raffle tickets is for the benefit of the Museum of the Rockies. City Attorney Planalp recommended that the applicant be notified that the Commission has deemed that the appl ication does not conform with the State Law. The City Attorney then proposed that the Commission approve the application for a Raffle License on behalf of the Quilters' Guild through December 27, 1982, and that the applicant be requested to submit another application prior to December 27, 1982, to run through March 27, 1983. Commissioner Mathre asked if the applicant would be required to pay another fee. City Attorney Planalp stated that the Commission could waive the fee for the new application I if it so desires. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Raffle License on behalf the Quilters' Guild for the period ending December 27, 1982 and request the applicant to submit another application for the period December 27, 1982 through March 27, 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. Report of status of Mystic Lake Dam City Manager Evans stated that on Wednesday, November 10, 1982, representatives from the Department of Natural Resources and Conservation, the Forest Service, Christian, Spring, Sielbach and Associates, Northern Testing Laboratories and the City met. The DNRC stated that they are unable to appropriate or earmark $300,000.00 for Mystic Lake Dam. They feel that the feasibility of repairing the dam has not yet been proven. However, the DNRC has included in its proposal to the Legislature the appropriation of $87,000.00 to conduct more feasibility studies to determine whether or not it would be a worthwhile project to rebuild Mystic Lake Dam. The representatives from DNRC further noted that they have made recommendation for no grant over $100,000.00 to the Legislature. The representative from the Forest Service was not authorized to render an official statement on whether they would allow the dam to remain In its present breached state for an extended period of time. The City Manager noted that he has not heard from Planning Director Moss on whether or not I the City would be able to withdraw the application for CDBG monies to reconstruct the dam or if a substitute application can be submitted. City Manager Evans stated that the City should now pursue monies to complete a feasibility study and if the studies conclude that the dam can be reasonably rebuilt, the City will then need to pursue funding to complete the con- struction project. City Engineer Van't Hul stated that the report submitted by the three professionals from California to the Department of Natural Resources and Conservation asks many questions. 11-15-82 267 The report indicates that the dam and the area should be studied for two more years. The City Engineer noted that one of the questions in the report concerns the location of the spillway. City Engineer Van't Hul stated that the DNRC received 155 applications, of which 37 have been forwarded to the Legislature with recommendations for funding from the DNRC. The Clty's application for funding of a study is ranked as sixth by the DN RC. The City I Engineer stated that the fact that a portion of the City's water supply is involved has helped in the application process. Commissioner Anderson noted that Steve Custer, Geology Professor at MSU, feels that someone should walk the slide area. She noted that if the slide is moving, it would eliminate the rebuilding of the dam. She also feels that further engineering studies would show any movement. She feels that the City should go ahead with the application for $87,000.00 to complete studies; and that a review of the area with Steve Custer should be completed prior to installation of two additional inclinometers. City Engineer Van1t Hul stated that in 1977, when the City repaired a leak in the dam, a man from Northern Testing Laboratories walked the entire area. He noted that more is known about that area than most people realize. The City Engineer stated that the three well qualified professionals took two days to quickly review the area around the dam and review previous reports and made judgments prior to submitting their report. He noted that they did not panic at what they saw, and other engineers are not concerned about the area. Commissioner Vant Hull asked how much of the leaking in the water lines will be re- paired in the future. City Engineer Van't Hut stated that the improvements to be completed with the 1982 Water System Revenue Bond issue should ellminate many of the leaks in the water lines. Mayor Stiff asked what the next step will be. City Manager Evans stated that the City owns half of the dam, and he does not feel I that the water users will spend more money on the dam. They favor the application for DNRC monies and hope to have the situation resolved as soon as possible. He stated that the application for CDBG funds will not be approved because of the DNRC's request for an addi- tional study. The City Manager stated that with Commission concurrence, the City's applica- tion for $87,000.00 to complete further studies will remain as submitted. If the Commission desires, the application can be withdrawn. The Commission concurred that the application should remain as submitted. Recess - 6:10 p.m. Mayor Stiff declared a recess at 6:10 p.m., to reconvene at 7:00 p.m. for items of public interest and to complete the routine business. Reconvene at 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. Public hearing - proposed Business License Ordinance This was the time and place set for the public hearing on the proposed Business License Ordinance. City Manager Evans presented the proposed Business License Ordinance entitled: PROPOSED BUSINESS LICENSE ORDINANCE I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 3, BUSINESSES, REGULATIONS AND LI- CENSING, OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE LICENSING OF ALL INDUSTRIES, TRADES, PURSUITS, PROFESSIONS, VOCATIONS AND BUSINESSES, PROVIDING FOR BONDING OF CERTAIN ENTERPRISES FOR VIOLATIONS AND REPEALING ORDINANCE NOS. 264, 413,455,580,583,584,587,608,613,637,645,750,759, 944,950 AND 1029 AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Mayor Stiff opened the public hearing. 11-15-82 ::?:~ Assistant City Manager Barrick stated that he met with the Director and several mem- bers of the Chamber of Commerce last Wednesday and discussed the proposed ordinance and the basis for the increase in the fees. He noted that the major concern appeared to be itinerant vendors, transient wholesale and retain merchants, and people doing business from a second location, such as warehouse sales at the Fairgrounds. The Chamber is also concerned that the fee increase is coming at a bad economic time. The Assistant City Manager noted that the fee schedule in the proposed ordinance was prepared by the City Staff and may be I altered as the Commission desires. Mr. Sam Kimbrell, Director of Chamber of Commerce, stated that the Chamber and the business community have a problem with itinerant retailers. He noted that sometimes the merchandise they sell is inferior, and they usually cause hard feelings among the Bozeman merchants and consumers. After talking to some of the bond issuers In the area, he feels that the proposed $5,000.00 bond is adequate. Mr. Kimbrell noted that the Business License Ordinance has not been revised since 1933; however, he feels that the license fee increase could have been at a better economic time. He feels one inequity exists in the proposed fee increase. He noted that most of the increases represent a 200 to 400 percent Increase. However, the proposed increase in licensing fees for electronic games is a 1500 percent increase. Mr. Kimbrell also noted that this fee is paid by the owner of the games and not by the establishment where the electronic game is located. Mr. Kimbrell then noted that some of the cities in Montana have established license fees as follows: Great Falls, $60.00 per machine; Billings, no charge; and Livingston, $25.00 per machine. Mr. Kimbrell then noted that some of the area merchants feel that warehouse sales should be reviewed. He noted that licensing of such sales would provide a control mechanism for the City. He stated that if the fee were reasonable, the business people would not com- plain about the control on warehouse sales. Mr. Randy Leep, D and R Vending, stated that there are several amusement Industries in t his a rea. He feels that his electronic game business is being singled out to receive I licensing fees of approximately $20,000.00 per year. He noted that D and R Vending has 208 electronic games and mechanical devices In the city at this time. He feels that the proposed increase is out of line when compared to other amusement industries, such as bowling alleys, theatres and skating rinks. Mr. Leep stated that most businesses do not own their own electronic games, but lease them. He stated that D and R Vending receives a portion of the proceeds from the machines; and the average gross is $21.26 per machine per week. He noted that the proposed $75.00 fee per machine would cost one month of D and R Vending's receipts from the electronic games and mechanical devices. He also stated that during the summer, D and R Vending removes about 100 machines from Bozeman and takes them to West Yellowstone; and pays a license fee for those machines in West Yellowstone as well. Commissioner Vant Hull asked what percentage of the video games and mechanical devices in Bozeman are owned by D and R Vending. Mr. Randy Leep stated that D and R Vending owns at least 75 percent of the video games and mechanical devices in Bozeman. He noted that they have seven or eight competitors, who own the remainder of the machines. Mr. Leep then noted that their business has attempted to eliminate any policing problems for the City. He stated that Safeway had requested machines, D and R Vending refused because of the proximity to the Junior and Senior High Schools. Mr. Leep noted that with the license fee set at $5.00 per machine, and payable by the establishment in which the machine is located, the City may not know where half of the elec- tronic games and mechanical devices are located. He stated that if the owner of the machine I were responsible for licensing of the machine, a more accurate count and licensing could be maintained. Mr. Leep further stated that policing problems are not caused by the machines themselves, but by theft problems created in stores. Mr. Randy Leep then noted that the proposed ordinance would allow up to one electronic poker machine and three poker tables per establishment. He does not feel that the limit of one electronic poker machine per establishment is fair to the bar owners, and noted that 11-15-82 269 surrounding cities and counties allow more than one machine per location. He stated that the smaller bar operators are being penalized because they do not have room enough to have a poker table as well as an electronic poker machine. He also noted that it does not take any more police protection to have two electronic poker machines in an establishment than it does for one machine. Commissioner Weaver expressed concern that the fee structure for the electronic poker I machines is the same as the fee structure for the poker tables. He noted that the machines and tables provide different types of activities. Commissioner Mathre noted that the section applying to electronic games and mechanical devices does not specify who pays the license fee. Assistant City Manager Barrick stated that at the time the ordinance was written, the City staff had the impression that the operator of the machine paid the license fee, rather than the owner of the machine or device. He noted that the ordinance reflects that impression. Mr. Leep stated that it has been a standing policy that the owner of the electronic games and mechanical devices pays the license fee. Mr. John Hooper, owner of Little John's and The Hide-A-Way Lounge, stated that he was representing thirteen liquor dealers present for the Commission meeting. He stated that all tavern owners pay at least $2,000.00 each year in various license fees to sell alcoholic beverages and have electronic poker machines, poker tables, and electronic video games and mechanical devices. He feels that the current license fee of $5.00 for each electronic video game and mechanical device per year is too low, but he feels that the proposed $75.00 per game or device per year is too severe an increase. Mr. Hooper also noted that business has not been at its best in the past two years. He stated that grocery stores sell 80 percent of the beer and wine that Is sold to the public, , while they pay a fraction of the license fees that the bars pay. Mr. Hooper stated that small bars like his do not have room for a poker table and are now limited to one electronic poker machine by ordinance. He stated that if the City were to I increase the number of electronic poker machines per establishment, at an additional licensing fee of $500.00, the bars would be pleased; and the City would be increasing its revenue. Commissioner Weaver asked John Hooper if he feels the license fee for electronic poker machines and poker tables should be the same or different. Mr. Hooper stated that he feels the license fee should be the same. He also noted that when electronic poker machines were not allowed in Gallatin County, people were going outside the area to play. He feels that the local government should get the revenue from the licensing of these machines. Commissioner Vant Hull noted that problems arise from minors being served alcoholic beverages in bars. Mr. Hooper stated that his own business polices who it serves. He noted that there is no way to guarantee an Individual is not a minor because fake identifications are easy to obtain. Mr. Hooper then stated that he feels that the City should license a second electronic poker machine per establishment for $500.00, rather than the proposed $750.00 for the second electronic poker machine or poker table. He feels there would be more applicants for a sec- ond electronic poker machine if the license fee were $500.00 and would raise more revenue than If the City were to set the license fee at $750.00 for the second machine. John Hooper then stated that he feels that the license fee for electronic games and mechanical devices should be set at $20.00 or $25.00, rather than the proposed $75.00. Commissioner Mathre asked for the percentage of inflationary increase that has taken place since 1933, when the current business license fees were established. I Assistant City Manager Barrick stated that a comparison of the value of the 1933 dollar and the value of the 1982 dollar shows an inflationary increase of 600 percent. He stated that figure was used as the basis for the proposed increases in the license fees. Mr. Tom Young, operator of the poker tables at the Cat's Paw, stated that electronic poker machines and poker tables are basically different. He noted that someone must run a poker table, and thus becomes another business in addition to the bar. This creates additional 11-15-82 r ) ,c. ~ expenses that the electronic poker machines do not create. He also noted that his operation is the only one affected by limiting the number of poker tables to four per establishment. Commissioner Vant Hull noted that Mr. Young has indicated the costs of operating a poker table are higher than the costs of operating an electronic poker machine. She asked how the return compares. Mr. Young stated that he does not know. Mr. Randy Leep noted that the current $5.00 license fee for electronic games and I mechanical devices was established in 1974. He further noted that D and R Vending owns most of the electronic poker machines in Bozeman. Commissioner Vant Hull asked if D and R Vending pays the licensing fee on the elec- tronic poker machines. Mr. Leep stated that his firm pays 20 to 25 percent of the license fee; and they own about 25 electronic poker machines. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Continued public hearing - Zone Code Amendment - to establish adult stores and theatres in the M-1 and M-2 Districts This was the time and place set for the continued public hearing on the Zone Code Amendment proposed by the Planning Staff to provide for adult stores and adult motion pic- ture theatres In the M-l and M-2 Districts. The proposed Amendment is to provide defini- tions 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 pictu re theatres as conditional uses in the M-l, Commercial-Light Manufacturing District, and the M-2, Manu- facturing and Industrial District. This public hearing was opened on October 4, 1982 and was continued to the November 1 meeting. Mayor Stiff opened the continued public hearing. City Attorney Planalp stated that Planning Director Moss was out of town last week I due to his father's death. Therefore, they did not have an opportunity to meet and discuss the revisions requested by the Commission. The City Attorney then requested that the public hearing be continued to December 6, 1982. No one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Stiff continued the public hearing to December 6, 1982. This was the time and place set for the public hearing on the Conditional Use Permit on behalf of Robert Lashaway for Buz Cowdrey to allow twenty-four efficiency apartment units on Tracts 3 and 3-A of Mountain Vista Subdivision, more commonly located at the intersection of South Twentieth Avenue and West College Street. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Zoning Commission considered the application and recommended conditional approval. Mr. Lowell Springer was present to represent the applicant and stated that they had no problem with the proposed conditions. The Assistant Planner noted that the project would be completed in three phases. The stream is to be moved to flow along South Twentieth Avenue; and the developer is to install one vehicle bridge and two pedestrian bridges when the stream is relocated. The stream re- I location will not affect the overall concept of the plan. Assistant Planner Mike Money noted that this is the third application for this project to come before the Zoning Commission and the City Commission. This is due to a 92-foot drafting error, which voids approval of the previous application. Commissioner Vant Hull noted that Mr. Walt Anderson of the Soil Conservation Service has expressed concern about the creek. 11-15-82 271 Assistant Planner Mike Money stated that the stream Is too close to the parking area. Relocation of the stream will help eliminate the possibility of pollutants in the stream and will aid in the landscaping. He also noted that the District Soil Conservation District Board will decide on the conditions for the 310 permit. No one was present to speak in support of or in opposition to the granting of the re- quested Conditional Use Permit. I Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Authorize Call for Bids - retrofitting of Swim Center City Manager Evans requested that the Commission authorize the Call for Bids for retro- fitting of the Swim Center. The retrofitting would include the installation of dehumidification units and wall insulation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Call for Bids for retrofitting of the Swim Center, to include the installation of dehumidification units and wall insulation, and set the bid opening date for November 29, 1982. 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. Reminder - Special Commission meeting - 11:00 a.m., November 18,1982 - Bid openinq and bond sale of $5 million Water System Revenue Bond Issue City Manager Evans reminded the Commission that a special meeting of the Commission has been scheduled at 11 :00 a.m. on Thursday, November 18, 1982 for bid opening and bond sale of the $5 million Water System Revenue Bond Issue. The City Manager stated that the City has received the prospectus from Boettcher and Company; and the City has been given a AAA rating for this bond issue. Mr. Tuck Canzenmuller, Boettcher and Company, has indicated that there will be two bidders and possibly three bidders for the bond sale. City Manager I Evans noted that the AAA rating is indicative of a lot of work, effort and planning by a lot of people. Authorize Commissioner Mathre's absence - November 29, 1982 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that Commissioner Mathre be excused from the November 29, 1982 meeting in compliance with Section 7-3-4349, M.C.A., and that she be paid for the meeting in compliance with the Commission policy since she will be attending the National League of Cities Congress of Cities. 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 - Montana Nurses Association, Local Unit, Bozeman Deaconess Hospital - December 31, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Montana Nurses Association, Local Unit, Bozeman Deaconess Hospital, for a raffle to be held December 31, 1982. To be raffled are two holiday baskets with a value of $35.00 each. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Raffle License on behalf of the Montana Nurses As- sociation, Local Unit, Bozeman Deaconess Hospital. The motion carried by the following Aye I 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 stated he 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. 11-15-82 'l -" , J "'I ~..._ It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the 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 - Building I nspection Division for October 1982 City Manager Evans stated that the monthly report for the Building Inspection Division I for October 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 monthly report for the Building I nspection Division for October 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 - 8:55 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. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I 11-15-82 I