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HomeMy WebLinkAbout1982-12-06 f"'\ I:~ . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 6, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 6, 1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of November 29, 1982, were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. City Manager Evans requested that an item be added as Item 3A for the introduction to the Commission of the new City Attorney. Commissioner Mathre made the announcement that a meeting of the Self Government Powers Committee will be held at 7: 30 p. m., Wednesday, December 8, 1982, at the Municipal Building. Since two of the City Commissioners would not be in attendance, she requested that the meeting be taped so that it would be available for their review. Assistant Manager Barrick replied that he would arrange for the taping of the meeting. Introduction of the new City Attorney I City Manager introduced Ms. Mary Crumbaker-Smith, the new City Attorney for the City of Bozeman, to the City Commission. He noted that Ms. Crumbaker-Smith had previously been employed by Montana Power Company In Butte. Mayor Stiff welcomed Ms. Crumbaker-Smith to the City Staff. Reject all bids - installation of dehumidification units and wall insulation at the Bozeman Swim Center This was the time and place set for the awarding of the bid for the installation of dehumidification units and wall insulation at the Bozeman Swim Center. The City Manager stated that due to the fact that on Iy $49,000.00 has been budgeted for this item, and that the lowest bid was approximately $31,000.00 higher than this amount, he recommended that the Commission reject all bids received and authorize the City staff to call for bids for the dehumidification equipment only, with the bid opening date set for December 20, 1982. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission reject all bids received for the installation of dehumidification units and wall I insulation at the Swim Center. 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. 12-06-82 299 Mayor Stiff expressed concern that by readvertising for bids on the dehumidification equipment only, the matter was being addressed piecemeal. He stated that a local contractor had discussed with him the timing of the bidding. He stated that the contractor pointed out the timing was bad in view of the Thanksgiving holiday. He stated he feels that possibly if more bids had been received, lower ones might have been submitted. Mayor Stiff stated it I was his understanding that the dehumidification equipment will do only Dart of the job and questioned whether it is wise to advertise that part only. Assistant Manager Barrick noted that when the project was first commenced, it was determined that three items should be accomplished. These three items were: ( 1) a poo I blanket; (2) dehumidification equipment; and (3) wall insulation. He stated that the pool blanket and dehumidification equipment were the two most critical items. He stated that it has been determined that these two critical Items will save the most energy. He stated that all the bids submitted to the City on the dehumidification equipment and wall Insulation quoted the same manufacturer's dehumidification equipment. He stated that the engineer and architect for this project felt that if other manufacturers had been contacted, the price range would have been much lower. Mayor Stiff inquired whether there would be any disadvantage in the way of economics to the City by splitting the bid. Assistant Manager Barrick responded that the two items are completely dissimilar. Mr. Barrick stated that there is no reason why they cannot be split. He stated it has been estimated that the installation of the dehumidification equipment will I save approximately $25,000.00 per year in energy costs. He stated if the dehumidification equipment is installed, the money that is saved in energy costs can be taken and applied to the insulation of the walls. Commissioner Vant Hull noted that the engineering contract for this project states that in the event that bids come in too high, the engineer shall modify the drawings and specifica- tions to bring the specifications within the fixed limit. She stated she felt the engineer should be asked at this time to do so. Assistant Manager Barrick stated he feels it inappropriate at this time to have the engineer modify the specifications. He stated that he is confident that when the bids are readvertised for the dehumidification equipment only, they will come in under $49,000.00. City Manager Evans stated that all bidders will be notified that there are other manu- facturers of dehumidification equipment and that prices should be obtained from them. Commissioner Weaver noted that degradation of the building will be decelerated by the dehumidification equipment. When asked to interpret the meaning of the fall back clause of the engineering contract for this project, City Attorney Crumbaker-Smith responded that she understood it to read I that the engineer has the duty to modify the specifications so that the bids will be within the fixed limits, if not the first time. then on the second shot. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the City Staff to call for bids for the installation of dehumidification equipment only and set the bid opening date for December 20, 1982. The motion carried by 12-06-82 .., t.... \./ '~< 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. Request - permission for parade - Bozeman Winter Carnival - 4:00 p.m., Thursday, January 20, 1983 - Main Street I City Manager Evans presented to the Commission a request on behalf of the Bozeman Winter Carnival for a parade to be held down Main Street at 4:00 p.m. on Thursday, January 20, 1983. He noted that Chief of Police Tate had no objections to this parade. City Manager Evans recommended approval of this request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Bozeman Winter Carnival for a parade to be held down Main Street at 4:00 p.m. on Thursday, January 20, 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. Mini-park development - Rouse Avenue and Lamme Street - offer to develop - Associated Builders and Contractors, Inc. City Manager Evans informed the Commission that the City was in receipt of an offer from Associated Builders and Contractors, Inc., to develop the lot at Rouse Avenue and Lamme Street as a mini-park at no cost to the City. City Manager Evans noted that the City I had only recently removed the buildings that had been located on that lot. He recommended that this matter be referred to the Recreation Board for their review and recommendation. He noted that this is a generous offer and that the City should acknowledge this fact to Associated Builders and Contractors and express appreciation of the offer. Commissioner Vant Hull noted that the landscaping class at Montana State University would be willing to design plans for such a park. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission refer to the Recreation Board for their review and recommendation the offer by Associated Builders and Contractors, Inc., to develop the lot at Rouse Avenue and Lamme Street as a mini-park at no cost to the City. 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. Appeal against business licensing fee for amusement machines - D & R Vending City Manager Evans presented a request on behalf of D & R Vending to appear before the Commission to appeal the licensing fee for amusement machines. He informed the Com- I mission that Mr. Stocksdale of D & R Vending had telephoned and informed him that he would be unable to appear before the Commission this evening. City Manager Evans stated he feels the Commission should go ahead on this item. He noted that public hearings were held on the Business License Ordinance and the public had the opportunity at that time to be heard. He 12-06-82 301 stated that he felt it would set an undesirable precedent to hear one individual without advertising a publ ic hearing. City Manager Evans recommended that the Commission not grant Mr. Stocksdale an appearance before the Commission. Commissioner Anderson noted that the business license fee for amusement machines had been changed from $75.00 to $40.00 per machine after the last public hearing in consistency I with rates being charged by other Montana cities. Commissioner Weaver inquired whether the Business license Ordinance is scheduled to be brought back in two years for review. City Manager Evans noted that an ordinance may be brought back at any time for review, but that a review schedule of two years has been set up. Commissioner Vant Hull noted that at the end of one year if police records verify that said amusement machines are not costing more for public service than the licensing fee, it might then be possible to review the licensing fee for amusement machines. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request to reconsider the business licensing fee for amusement machines at the present time. 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. Request - handicap parking sign - Belle Fisher, 308 South Tracy Avenue I City Manager Evans noted that action on this Item had been deferred from the Com- mission meeting of November 29, 1982. He reminded the Commission that Chief of Police Tate had recommended disapproval of this request and he reluctantly agrees with the Chief's recommendation. Commissioner Vant Hull stated that she had been unable to come up with any alterna- tive recommendation. Commissioner Vant Hull stated that she had driven by Ms. Fisher's residence on four occasions and on all four occasions, there was no automobile parked in front of It. Commissioner Mathre noted she had walked by the above address and at that time no car was parked in front. She stated however that in conversation with Ms. Fisher, she had stated it was a rare occasion that there was not a car parked in front of her residence. It was discussed and determined that Ms. Fisher does not own an automobile but the parking space is requested only for pick-up service. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the request for the handicap parking sign on behalf of Belle Fisher, 308 South Tracy Avenue, not be granted. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge proposal - Refuse Energy Corporation (Park County) - solid waste disposal City Manager Evans presented a proposal from the Refuse Energy Corporation (Park County) and a counter proposal from the City for the disposal of up to one-third of 12-06-82 "') ) Bozeman's solid waste. The Refuse Energy Corporation proposed that Bozeman sign a ten-year agreement to provide them with solid waste to be transported to livingston for co- generation purposes. City Manager Evans noted that Livingston would like an answer to this proposal. He noted that the counter proposal had been prepared by Neil Mann, Assistant City Engineer, with the assistance of Ken Vail; Controller. As an alternative to the pro- posed ten-year period, the counter proposal recommends a three-year period. I City Manager Evans stated that the City must take a long-term view of the disposal of solid waste in this area. He noted that the City should encourage the County to ultimately come up with a refuse district which would encompass the county, including the City of Bozeman. He stated that the solid waste disposal was more of a county problem than a City problem. He stated that the disposal of solid waste can become a greater problem to the City if the ground water starts becoming contaminated. He asked the City Commission to consider drafting a resolution which would ask the Gallatin County Commission to consider creating a refuse district around and including Bozeman. Mayor Stiff noted that although he would like to cooperate with the neighboring city but that the economic feasibility of paying a fee to Livingston with no way to cut back on labor costs must be considered. Neil Mann, Assistant City Engineer, addressed the Commission. He stated the most difficult part of analyzing the proposal had been trying to estimate the extended life of the present landfill site. City Manager Evans stated that he had recently communicated with Phi I Stevenson, a I consultant located in Bellingham representing the Refuse Energy Corporation, and had read the counter proposal to him. He stated that Mr. Stevenson had not responded to the counter proposal but had indicated they would be willing to negotiate the agreement. Commissioner Weaver inquired whether the Refuse Energy Corporation might come back with an alternative offer to the City's counter proposal, to which City Manager Evans replied he hopes to keep it on that plane. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the City Manager to negotiate with Mr. Stevenson in regard to the counter proposal for the disposal of solid waste to the Refuse Energy Corporation. 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. The Commission also directed the City Staff to prepare a Resolution asking the Gallatin County Commission to consider creating a refuse district around and including Bozeman. Appl ication for License to Sell Liquor at Retail - The Cannery Lounge I City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Liquor License for The Cannery Lounge for the period ending December 31,1982. City Manager noted that the State License has been received and recommended that the Commission approve the license. 12-06-82 303 Mr. Bob Fletcher, representing The Cannery Lounge, addressed the Commission. He stated that he felt it was unfair to be requi red to pay the full $500.00 for less than one month's operation. He stated that he will have to pay $500.00 again on January 1, 1983, and felt that the $500.00 for the remainder of this year should be prorated. City Manager Evans stated that the item before the Commission at this time is whether I to grant the license. He noted that if the license is granted, then at that time if the present ordinance makes provision for such prorating, the fee will be split. City Manager Evans noted that Mr. Fletcher could check with the City Staff on Tuesday, December 7, to ascertain whether the ordinance allows splitting of the licensing fee. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Liquor License for The Cannery Lounge, for the period December 31, 1982. 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. Cannery Loun e - throu h June 30, 1983 - one poker City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Gambling License for The Cannery Lounge for the period June 30, 1983. The City Manager noted that this application is for the licensing of one card table and one poker machine. City Manager Evans recommended approval of this application. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for The Cannery Lounge 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 Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge receipt of final audited financial statements from Coopers and Lybrand City Manager Evans presented the Commission with copies of the final audited financial statements received from Coopers and Lybrand for Fiscal Year 1982. City Manager Evans noted that the question regarding the Firefighters Pension had been taken out of the report as funds for that plan are taken out and handled by the State and Is out of the City's control. He stated that the Finance Director and her staff are to be congratulated for the outcome of the audit. City Manager Evans noted that the "clean audit" was a result of a team effort by the audit team and the Commission. He recommended that the Commission acknowledge receipt of these financial statements. I Mayor Stiff inquired whether copies of this report would be sent to Helena. Di rector of Finance Swan stated that she had already sent copies. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the final audited financial statements from Coopers and Lybrand for the Fiscal Year 1982 with the appropriate congratulations to all concerned. The 12-06-82 ~: ~,) motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2438 - ratify cash balances by fund as of June 30, 1982 City Manager Evans presented Commission Resolution No. 2438, entitled: I COMMISSION RESOLUTION NO. 2438 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RATIFYING CASH BALANCES IN ALL FUNDS AS OF JUNE 30, 1982, FOR THE PURPOSE OF ESTABLISHING A HISTORICAL ACCOUNTING BASE FOR FUTURE FINANCIAL REPORTING. City Manager Evans stated this Resolution was a result of a recommendation made by the auditing firm and recommended that Commission Resolution No. 2438 be adopted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2438 to ratify the cash balances by fund as of June 30, 1982, for the purpose of establishing a historical accounting base for future financial statements. 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. Acknowledge report - Building Inspection Division for October 1982 City Manager Evans stated that the monthly report for the Building I nspection Division for November 1982 appeared to be in order and recommended that it be accepted. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the monthly report for the Building I nspection Division for November 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 Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Executive Session - litigation At this point all persons except the Commissioners and designated City Staff were asked to leave the room in order to hold an Executive Session with Attorney Planalp. Recess - 6:17 p.m. Mayor Stiff declared a recess at 6:17 p.m., to reconvene at 7:00 p.m. for items of public Interest. Reconvene at 7:00 p.m. I Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of conduct- ing the scheduled public hearings and matters of public interest. 12-06-82 305 Discussion - protests against SID 636, paving of Peach Street City Manager Evans noted that this item had been scheduled for discussion due to the unique circumstances surrounding the creation of this project. This project, which included federal subsidies of assessments on low-income residents, failed when bids far exceeded the engineer's estimate. I Assistant Manager Barrick indicated he had cop.ies of two separate letters directed to Mr. Shepherd and Mrs. Carlos, respective property owners in the project area. He noted that these letter were dated in 1978 and signed by Paul Bolton, former Planning Director. He informed the Commission these letters state that the project in question would receive full subsidy from HUD and there would be no charge assessed to them. He indicated it was possible that other property owners had been given verbal assurances they would not be assessed for the improvement, but the City does not have any evidence of such. Mayor Stiff inquired as to how many property owners are involved in this project. Assistant Manager Barrick replied there are a total of nine property owners involved in the two-block section. Commissioner Weaver asked if there is an alternative of rolling the SID costs back until such time as the project is completed. Dave Jarrett addressed the Commission and expressed the opinion that the likelihood of completing this project is small since the majority of the property owners would probably not consent again to the assessment. I Commissioner Vant Hull asked whether the City had not in the case of a previous SID concerning SID 547 exempted the property owners from costs assessed against that district when an error was discovered in the assessment. Director of Finance Swan replied in that situation the property owners had been paying the assessment in good faith for a period of time and the assessments were almost entirely paid when the error was discovered. Commissioner Mathre stated she felt SID 636 was a unique situation In itself since it was not the actual property owners in the area of the assessment who had petitioned for the improvement, but rather the City had solicited their approval assuming that HUD funds would be available for the project. Director of Finance Swan noted that HUD would not even consider the funding of this project until the engineering had been completed, thus there was no way these costs could have been avoided. Commissioner Weaver stated it appeared to him that perhaps the City had approached the property owners and had given them certain assurances there would not be any incurrence of costs to them. I Director of Finance Swan noted that the costs of $8,736.62 have already been paid. She stated that what remained to be done is to essentially recognize who will repay these costs. Ms. Swan stated that if the Commission elects to exempt the property owners from this assessment because of the unusual circumstances, they should authorize her staff to make a transfer of funds on the books. 12-06-82 ')" <,I' .I Dave Jarrett inquired whether in the future if the paving project is completed, the engineering plans could be assessed back to the project. City Manager Evans stated that it is known that at least two property owners were given written assurance they would not be assessed. He stated that this was probably done to get the people to accept the SI D, which they may not have otherwise accepted. He stated I he feels that the assessment should be recognized formally as an accounting entry and if the project is created again, the engineering studies can then be updated and used and all will not be lost. He expressed serious doubt whether the SID would have been created if the HUD grant monies had not been anticipated. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant the Director of Finance authority to make the accounting transfer to credit 5 I D 636 in the amount of $8,736.62 from the General Fund, and that a memorandum for the record be written indicating that in the event this district is re-created, there should be a reassessment of the assessments previously levied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commission- er Anderson and Commissioner Mathre; those voting No being Mayor Stiff. Mayor Stiff stated that he felt the foregoing action on this item is clearly setting a precedent; that these costs should be assessed and put back into a future SID. He stated that he could not justify this amount of money going down the drain. Request - Kay Sa rnett - re cancellation of ag reement dated Ma rch 30, 1979 - placement of a I mobi Ie home City Manager Evans presented a request on behalf of Kay Barnett to cancel an agree- ment dated March 30, 1979, regarding the placement of a mobile home on her property. Assistant Manager Barrick Informed the Commission that he was Building Official at the time this agreement took place. He informed them of the circumstances surrounding the obtaining of this agreement. He stated that the circumstances have changed since the signing of this agreement, which is why Mrs. Barnett is now requesting the cancellation of the agree- ment. Mayor Stiff questioned why this mobile home is not allowed in the area in question since there are mobile homes surrounding it. Assistant Manager Barrick stated that the "mobile homes" existing in that area, excluding those in the mobile home park, were defined as "modular" homes and thus are allowable in that zoning. He stated that there is a fine line between a mobile home and a modular home. Commissioner Mathre suggested that the mobile home in question appeared compatible with the surrounding area since there Is a mobile home park across the street and several I mobile homes located on parcels in the area. Commissioner Weaver noted that if this agreement is cancelled, then the home again would be violation of the zoning. He inquired as to what action the Commission should take in this matter. 12-06-82 <07 v I City Attorney Crumbaker-Smith noted that it was unclear to her whether the City Commission has authority to overrule zoning. She suggested that perhaps the appropriate forum for this request would be the Zoning Commission. Commissioner Anderson inquired whether it would be appropriate to defer action on this matter for one week. I City Attorney Crumbaker-Smith stated she would feel more comfortable with this matter if she were given the opportunity to research it. John Moss, Planning Director, addressed the Commission and informed them that most mobile homes would qualify for placement in suburban surroundings. He stated there are a few exceptions but that special zoning to take care of these occasional exceptions could be instituted. He stated that the zoning ordinance should be rewritten to take care of the placement of mobile homes in agricultural-residential areas. Commissioner Vant Hull questioned how long it would take for the zoning ordinance to be changed. Planning Director Moss replied that it would take approximately one to two months. Commissioner Vant Hull then asked Mrs. Barnett if that time period was agreeable to her. Mrs. Barnett stated any time period would be better than having to remove the home. Commissioner Weaver questioned whether modular homes are permitted in AS zoning. Assistant Manager Barrick replied in the affirmative. City Manager Evans recommended that this matter be deferred to the the Planning I Staff for action by the Zoning Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that this matter be deferred to the Planning Staff for possible reconciliation with the zoning ordinance. The motion passed with 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. City Attorney Crumbaker-Smith noted that she will furnish the Commission an opinion on this matter at the next regular meeting. Public hearing - Zone Code Amendment - City-County Planning Board - Amend Chapters 18.69 and 18.06 of the Zoning Ordinance This was the time and place set for the public hearing on the Zone Code Amendment requested by the City-County Planning Board to amend Chapters 18.69 and 18.06 of the Zoning Ordinance. Planning Director John Moss addressed the Commission and informed them that Section 18.69.240, Water Course Setback, had been discussed at length by the Zoning Commission at their meeting. He stated the Zoning Commission had indicated that it was 0 favorable amend- I ment but had delayed action on it for one month. Therefore, Mr. Moss asked the City Commission to also continue the hearing on this item for one month. Mayor Stiff opened the public hearing. There was no one present to speak in support of or in opposition to the proposed Zone Code Amendment. 12-06-82 ""l . ~j i".) Mayor Stiff continued the public hearing to January 3, 1983. Public hearinq - Commission Resolution No. 2433 - relevying and reassessinq SID 558 - pavinq - Figgins Addition - $170,000.00 This was the time and place set for the public hearing on Commission Resolution No. 2433, entitled: I COMMISSION RESOLUTION NO. 2433 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 558 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 558. Mayor Stiff opened the public hearing. There was no one present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2433. City Manager Evans noted that this Resolution was a result of a recommendation by the auditors to correct the District's assessments. He noted that the Commission had provi- sionally adopted this Resolution on November 8, 1982. Mayor Stiff closed the public hearing. City Manager recommended that the Commission approve the final adoption of Commis- sion Resolution No. 2433. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2433. The motion carried I by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commission- er Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 2435 - relevying and reassessinq SID 617 - paving and storm drains - alley In Block C, Onglnal lownslte - $27,576.75 This was the time and place set for the public hearing on Commission Resolution No. 2435, entitled: COMMISSION RESOLUTION NO. 2435 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 617 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 617. Mayor Stiff opened the public hearing. There was no one present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2435. I City Manager Evans noted that this Resolution was a result of a recommendation by the auditors to correct the District's assessments. He noted that the Commission had provi- sionally adopted this Resolution on November 8, 1982. Mayor Stiff closed the public hearing. City Manager recommended that the Commission approve the final adoption of Commis- sion Resolution No. 2435. 12-06-82 309 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the final adoption of Commission Resolution No. 2435. 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 No. 2434 - relevying and reassessin SID 584 - pavin - This was the time and place set for the public hearing on Commission Resolution No. 2434, entitled: COMMISSION RESOLUTION NO. 2434 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 584 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 584. Mayor Stiff opened the public hearing. There was no one present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2434. City Manager Evans noted that this Resolution was a result of a recommendation by the auditors to correct the District's assessments. He noted that the Commission had provi- sionally adopted this Resolution on November 8, 1982. I Mayor Stiff closed the public hearing. City Manager recommended that the Commission approve the final adoption of Commission Resolution No. 2434. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2434. 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. stores and adult motion picture t 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 picture theaters 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; I 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, Manu- facturing and Industrial District. This public hearing was opened on October 4, 1982, and was continued at the November 1 and November 15 meetings. Mayor Stiff opened the continued public hearing. 12-06-82 ~~) ;) .,,:. Planning Director John Moss addressed the Commission and noted that there seemed to be considerable concern on the part of the Commission members with definitions and format of the amendment to the zoning code when presented earlier. He noted that at the November 1, 1982, meeting the Commission had instructed the Planning Staff to confer with the City Attorney to draft the amendment with language a little less complex. He stated that this had been done and the amendment is very simplified and easier to understand. Mr. Moss stated I that the new draft restricts the definition of obscene materials to the language in state law, and includes other adult businesses such as nude body painting studios, not included in the original draft. Copies of the new draft were distributed to the Commission members for review. The Commissioners were of the general consensus that the revised draft was an improve- ment. There was no one present to speak in support of or in opposition to the Zone Code Amendment to provide for adult book stores and adult motion picture theatres in M-1 and M-2 Districts. City Manager Evans recommended that the public hearing be closed and the Commission take action to bring back the revised draft in ordinance form next week, to include a rationale. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the revised draft of the Zone Code Amendment to provide for adult businesses in the M-1 and M-2 Districts and that it brought back next week in ordinance form I which is to include a rationale. The motion passed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Commission Resolution No. 2440 - certifying delinquent assessments City Manager Evans requested that action on this item be deferred at this time. C()mmission Resolution No. 2441 - certifying delinquent 1982 assessments only City Manager Evans requested that action on this item be deferred at this time. Draft - Commission Resolution No. City Manager Evans requested that action on this item be deferred at this time. Adjournment - 8:26 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 I 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. 12-06-82 311 ATTEST: ALFRED M. STIFF, Mayor I A~~~(r~ . I I 12-06-82