Loading...
HomeMy WebLinkAbout1983-03-07 1,5D MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 7, 1983 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 7, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith 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 February 28, 1983 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Minutes - meeting of February 22, 1983 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of February 22, 1983 be approved as corrected. 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. Request for permission to conduct run - Roskie Run - Saturday, May 21, 1983, 9: 30 a.m. City Manager Evans presented to the Commission a request on behalf of KBOZ-FM Radio, Cardinal Distributing and Roskie Hall for permission to conduct the Roskie Run on Saturday, May 21,1983, beginning at 9:30 a.m. City Manager Evans noted that the Assistant Chief of Police has indicated that the Police Division anticipates no problem with granting permission I for the run, provided the applicants monitor the intersections as needed and a vehicle follows the runners with four-way flashers. The City Manager then recommended approval of the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of KBOZ-FM Radio, Cardinal Distributing and Roskie Hall for permission to conduct the Roskie Run on Saturday, May 21, 1983, beginning at 9:30 a.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge receipt of petition for annexation - William J. Sebena - 2.2 acres in NW! SEl, Section 8, T2S, R6E, MPM (east of the 1-90 east interchange on the north side of Frontage Road) City Manager Evans presented to the Commission a petition for annexation received from William J. Sebena for 2.2 acres in the NW! SE! of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, or more commonly known as that property located east of the 1-90 east interchange on the north side of Frontage Road. City Manager Evans recom- mended that the Commission acknowledge receipt of this annexation and refer it to City staff for review and a recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition submitted by William J. Sebena for annexation of 2.2 acres located in the NW! SE! of Section 8, Township 2 South, Range 6 East, Montana I Principal Meridian, or more commonly known as that property located east of the 1-90 east interchange on the north side of Frontage Road, and refer the petition to the City staff for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commis- sioner Vant Hull and Mayor Stiff; those voting No, none. 03-07-83 ~"51 Authorize engagement of Matney-Frantz Engineering as energy consultants to the City of Bozeman City Manager Evans presented to the Commission a recommendation from Di rector of Public Safety Barrick for the engagement of Matney-Frantz Engineering as energy consultants to the City of Bozeman. City Manager Evans noted that this proposal includes review of the Technical Analysis reports for the City Hall Complex and the Swim Center to determine how I effective the retrofitting done to date is and to recommend possible future steps. The City Manager noted that the work involved in the proposal would take up to one man-week, at a maximum cost of $1,400.00. City Manager Evans stated that he concurs in the recommendation to engage Matney-Frantz Engineering. Commissioner Weaver asked if the budget contains funds to pay the fees involved. City Manager Evans stated that more money has been saved through the retrofit programs than anticipated; so there are sufficient funds in the budget. Commissioner Vant Hull stated that the Department of Natural Resources and Conservation has funds available for energy audits and technical analyses. She suggested that the City might apply and receive monies to complete Technical Analysis reports on other buildings and conduct energy audits. The Commissioner also noted that the deadline for applications is April 1, 1983, so the City staff would have little time to prepare the application. Commissioner Mathre noted that the DNRC monies are for Technical Analysis studies. She noted that is not a part of the proposal submitted by Matney-Frantz Engineering. Assistant City Manager Barrick stated that unless the criteria have been changed for the DNRC funds, the City would not be eligible for monies. He further noted that the State funds would pay for one-half of the project; and the City would have to pay the other half. The Assistant City Manager noted that the staff feels that it knows what the retrofitting has accompl ished. The City now needs a engineer to review the retrofit project and indicate further improvements that might be completed. Commissioner Anderson asked if the proposal was advertised and handled as a competi- I tive bid item. City Manager Evans stated that it was not. He noted that the amount of the proposal is a minimal amount and not subject to bidding requirements. City Manager Evans then stated that the City staff could check the possibility of ob- taining a grant from the State. He noted that when considering any grant that involves use of City monies also, the City must consider next year's finances, which are very bleak. He noted that for the City staff to take any action that would incur ongoing expenses for the next fiscal year, it would have to be weighed against everything else that needs to be con- sidered for funding. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission authorize the engagement of Matney-Frantz Engineering as energy consultants for the City, at a maximum cost of $1,400.00. 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 - authorization to proceed with hiring of architect and/or supplier for house at Water Filtration Plant City Manager Evans presented to the Commission a request for authorization to proceed with the hiring of an architect and/or supplier for the house to be located at the Water Fil- tration Plant site. He noted that Director of Public Service (Works) Holmes has submitted a memo outlining differences in proposals received from four architects. The City Manager con- I curred in Director of Public Service (Works) Holmes' recommendation that the Commission authorize the staff to hire Architect No. 2 listed in the memo for the house to be located at the Water Filtration Plant. Commissioner Anderson asked if the Commission would have any house plans to review prior to the selection of an architect. Director of Public Service (Works) Holmes stated that no floor plans are available. He stated that the specifications given the architects were for a 1, 200-square-foot house with 03-07-83 J ;"""4 "t.) {.. certain items to be included. No specific floor plans were submitted to the architects by the City or from the architects to the City. Commissioner Anderson stated that the City has a commitment to build a house that will almost become a model of energy efficiency. She feels that the house should be located on the property to provide a south exposure for passive solar use. The Commissioner noted that the proposals submitted by the four architects were very close, and she feels that the design I of the house may affect the final decision. She suggested that a decision be deferred until the architects have an opportunity to provide floor plans for the Commission's review. Director of Public Service (Works) Holmes stated that review of specific floor plans would create additional expense. He also noted that the Commission has placed a ceiling of $50,000.00 on the house, including architect's fees; and the additional expense would cause the costs to rise above the ceiling previously set. City Manager Evans stated that an architect does not usually draw specific plans until he/she has been engaged due to the time and costs involved. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commis- sion authorize and direct the Staff to proceed with the engagement of Architect No.2, as listed in the report submitted by Director of Public Service (Works) Holmes for the house at the Water Filtration Plant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Anderson. Discussion - letter from MSU Student Affairs and Services requesting placement on a future agenda City Manager Evans presented to the Commission a letter from Mrs. Karen Dassonville, Coordinator for the Greek Houses, Montana State University, requesting permission to appear before the City Commission to promote a better understanding and better relations between the community and the Greek system. The City Manager noted that the request indicates that I the presentation would be approximately fifteen minutes in length. City Manager Evans stated that the Commission must determine whether or not it deems this an appropriate agenda item. The Commissioners stated that they would be interested in listening to a presentation from the Greek sororities and fraternities, and set March 28, 1983 as the date for this item to appear on the agenda. The Clerk of the Commission was directed to contact Mrs. Karen Dasson- vi lie so that she may coordinate the presentation. Appointment - Pedestrian/Traffic Safety Committee City Manager Evans presented to the Commission a memorandum from Clerk of the Commission Sullivan which noted that no applications had been received for the Pedestrian/ Traffic Safety Committee. Commissioner Anderson and Commissioner Vant Hull each stated that they know people they feel would serve well on the Committee. Commissioner Vant Hull suggested that the appoint- ment be deferred for a period of one week in an attempt to gather appl ications. Mayor Stiff noted that when the Commission changed the policy and procedure for appoint- ments, the review of appl ications and checking of references changed from bei ng one person IS responsibility to being the responsibility of the entire Commission. He asked if one Commis- sioner should be responsible for attempting to gather applications or if each Commissioner should be involved. Commissioner Weaver suggested that the soliciting of applications be the responsibility of one Commissioner, with Commissioners being selected on a rotating basis. Commissioner I Weaver then suggested that Commissioner Anderson be responsible for soliciting applications for the Pedestrian/Traffic Safety Committee to replace Mr. George McClure. The Commission concurred. Discussion - Judicial Coordinating Committee Commissioner Weaver stated that some time ago he had questioned how the Legislative branch could best exercise oversight and coordination with the Judicial branch, especially 03-07-83 ~. r: '') :)0 regarding the budgeting process. He also noted that two of the auditor's comments on the last audit concerned the accounting procedures utilized and that the monies from the City Court should be processed through the Director of Finance, as she is responsible for all City funds under the Montana Codes Annotated, and to conform with generally accepted accounting procedures. Further, the Judicial branch has indicated a need for more personnel and equip- ment. Commissioner Weaver suggested that the Commission appoint a short-term ad hoc I committee comprised of two Commissioners and City management for technical advice to review the problems and submit recommendations to the Commission. Mayor Stiff stated concern about creating a third party committee. He is not sure that the committee will strengthen the process. The Mayor noted that through the current process, the City staff reviews and submits a recommendation to the Commission, and the Commission then acts. City Manager Evans noted that government is comprised of three distinct branches, with each carrying certain functions. He stated that for communication purposes, the pro- posed committee might be helpful. The City Manager stated that he can understand the Mayor's concern also. Commissioner Weaver noted that in the budgeting process, the Commission appropriates the funds for the various branches. He noted that the communications during the budgeting process in the past have not been sufficient. He feels that the committee would be able to alleviate some of the communication problems and help the bugeting process to move forward in a rational manner. Mayor Stiff asked what the function of the committee would be. Commissioner Weaver stated that the committee would (1) review the salary for the City Judge to determine if it is commensurate with his responsibilities and work performed and (2) review possible needs for additional personnel and equipment; and present a recommendation to the Commission. Commissioner Vant Hull suggested that the Commission consider appointing a committee I of the whole to review the Judicial branch rather than having only two Commissioners in- volved. Commissioner Weaver noted that in the past there has been ineffective communication between the Legislative and Judicial branches, which has led to misunderstandings. He does not feel that following the same budgeting process this year will help to correct the situation. He also noted that at other levels of government, the Judicial branch does not directly approach the Legislative branch with budgeting requests. Mayor Stiff asked if Commissioner Weaver would prepare a memorandum for the Commis- sion concerning the proposed committee. Commissioner Mathre noted that in the past, the budget has been basically established, and then the Judicial branch has requested a change. She noted that it would be better to have the requests prior to beginning the budgeting process rather than when the process is nearly complete. Commissioner Weaver stated that he will prepare a memorandum for next week's Commis- sion meeting. Application for Liquor License - Par-3 Supper Club and Lounge City Manager Evans presented to the Commission an application, along with the re- quired fee, for a Liquor License for Calendar Year 1983 on behalf of the Par-3 Supper Club and Lounge, located at 302 East Kagy Boulevard. The City Manager noted that this is the Valley View Golf Course location. City Manager Evans stated that the Par-3 Supper Club and I Lounge has received a letter from the State of Montana granting them temporary authorization to sell liquor, and recommended that the Commission grant temporary approval of the applica- tion, pending receipt of the State Liquor License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant temporary approval of the application for a Liquor License on behalf of the Par-3 Supper Club and Lounge, 302 East Kagy Boulevard, pending receipt of the permanent State Liquor License. The motion carried by the following Aye and No vote: those voting 03-07-83 f} 51:- Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Gambling License - Par-3 Supper Club and Lounge - for period March 10, 1983 through June 30, 1983 City Manager Evans presented to the Commission an application, along with the required fee, for a Gambling License for the period March 10 through June 30, 1983, on behalf of the I Par-3 Supper Club and Lounge. The City Manager noted that the Police Division has completed its investigation of the three persons involved and has found no criminal activity. He further stated that for an establishment to be granted a Gambling License, it must first be licensed for another activity. He also noted that the State's temporary approval to sell liquor was received by the City this afternoon, and the staff has not had sufficient time to research the matter. City Manager Evans then recommended that if legally possible, the Commission grant temporary approval of the application of the Gambling License, pending legal review and ob- taining of a permanent Liquor License. Commissioner Weaver noted that if for some reason the State does not grant the perma- nent Liquor License, the situation would be self-correcting because the City's Liquor License and Gambling License would be automatically revoked. City Manager Evans asked if the Par-3 Supper Club and Lounge has obtained a Business License to operate a restaurant. Mr. Pete Sobrepena stated that they do have a current Business License to operate the restaurant; and they hope to open on March 10, 1983 for business. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant temporary approval of the application for a Gambling License for the period March 10 through June 30, 1983, pending review by the City Attorney and further pending receipt of the permanent State Liquor License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I Proclamation - IIPublic School Education Fairll - March 14-17,1983 Mayor Stiff proclaimed the week of March 14 through 17, 1983 as IIpublic School Educa- tion Fairll in the City of Bozeman and encouraged the citizens of Bozeman to support a con- tinuing school and community partnership by participating in the Bozeman Public Schools Edu- cation Fair Week. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. 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. Appl ication for Raffle License - Gallatin Counci I on Aging - May 6, 1983 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Gallatin Council on Aging for a raffle to be held on May 6, 1983. To be raffled is a 1976 Chevrolet Vega car valued at $487.00. The City Manager recommended approval of the application. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the application for a Raffle License on behalf of the Gallatin Council on Aging for a raffle to be held on May 6, 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, none. I Authorize Mayor to sign - Amendment No. 15 to agreement with Thomas, Dean and Hoskins, Inc., re Waste Water Treatment Plant Improvements (EPA proJect) City Manager Evans presented to the Commission Amendment No. 15 to the Agreement with Thomas, Dean and Hoskins, Inc., for the Waste Water Treatment Plant improvements being completed through the EPA project. The City Manager recommended that the Mayor be authorized to sign the Amendment. 03-07-83 ~.55, It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign Amendment No. 15 to the Agreement with Thomas, Dean and Hoskins, Inc., for the Waste Water Treatment Plant improvements being completed through the EPA project. Commissioner Anderson asked if the City Attorney has reviewed the Amendment. City Attorney Crumbaker-Smith stated that she has not reviewed the Amendment and requested I that the Commission defer action for a period of one week. The motion and second were withdrawn by Commissioner Weaver and Commissioner Vant Hull. Authorize Mayor to sign - utility agreement - State of Montana Department of Highways - intersection of Griffin and Bridger Drives City Manager Evans presented to the Commission a utility agreement between the City of Bozeman and the State of Montana Department of Highways to provide for the relocation of fire hydrants for reconstruction of the intersection of Griffin Drive and Bridger Drive. Under the agreement, the State is to pay 75 percent of the costs of relocation, and the City is to pay 25 percent of the relocation of the fire hydrant. The City Manager recommended that the Mayor be authorized to sign the agreement. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign the utility agreement with the State of Montana Department of Highways for the relocation of fire hydrants for reconstruction of the intersection of Griffin Drive and Bridger Drive. 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 report - Building Inspection Division for February 1983 City Manager Evans stated that the monthly report for the Building Inspection Division I for February 1983 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Building I nspection Division for February 1983 be acknowledged and brought back next week for filing. 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. 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. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the claims be approved for payment as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Anderson abstained because she has a claim within the claims listing. Legislative Update City Manager Evans stated that the Urban Coalition will conduct a meeting on Friday, March 11, 1983 beginning at 1 :30 p.m. in the City-County Building in Helena. The specific I goal of the meeting is to consider the status of the Governor's Block Grant proposal and determine whether to support the proposal or consider other alternatives. The City Manager noted that funding of the Block Grant looks doubtful. The City Manager noted that he will also attend the 3:00 p.m. meeting with the Lieutenant Governor. Commissioner Vant Hull noted that last week's Friday afternoon meeting was a disap- pointment because no representative of the Lieutenant Governor's office was present. 03-07-83 't5G Commissioner Weaver noted that a meeting with representatives of the League of Cities and Urban Coalition has revealed that oil prices are falling. The Legislature has indicated that the decreased revenues will be distributed; but no effort is being made to seek addi- tional sources of revenue. The Commissioner noted that the implication was made that if the price of oil drops below $26.50 per barrel, there will probably not be sufficient revenues to fund the vehicle fee replacement monies. He stated that local governments need adoption of bills that provide funding or enabling legislation so that other sources of revenue can be I pursued. Commissioner Weaver noted that local governments have lost a revenue source through the business inventory tax. He feels that the Executive branch and some of the Legislators made commitments to provide alternative funding for local governments, but those funds are not being provided. Local governments are now becoming dependent on local property taxes; and Commissioner Weaver feels that to increase the mill levy on property taxes in unconscionable. Mayor Stiff noted the impl ication that trickles down is that there is mismanagement of government at the local level. Commissioner Vant Hull stated that she talked to some of the Legislators, and they indicated that the various groups needing State funds are fighting among themselves for the available monies. The Legislators indicated that the groups should unite and support various proposals that would benefit all of those involved. She also noted that if the Legislators were to increase property taxes and apportion the increased revenues to the local governments, it would increase the base for taxation, rather than increasing the burden unnecessarily on those within corporate limits of cities. Commissioner Anderson noted that circumstances dictate a new look at the adoption of a sales tax. She also noted that the reconsideration of the State-wide hotel! motel tax would be an enormous boon to local governments. Commissioner Vant Hull suggested that the Commission send a letter to the Governor and Legislators requesting that the State give local governments more funding rather than requiring local governments to increase property taxes. The Commission concurred that writ- I ing a letter would be appropriate; and Commissioner Vant Hull stated that she would draft the letter and attempt to get each of the Commissioner's signatures by Thursday. Commissioner Vant Hull noted that HB 646 and HB 762 would change the requirements for subdivisions. She noted that HB 646 has passed the House and Senate Agriculture Committee and appears to be a good bill to support. However, HB 762 could cause a lot of harm if it were passed. City Manager Evans then stated that Mike Aune, Recreation Director, had mentioned the possibility of Mr. Gene Cook donating four to five acres of land to increase the size of Glenlake Park if, in return, he would receive credit for future park dedication requirements, which require dedication of one-ninth of a subdivision to parkland or cash-in-lieu payment to the Parkland Trust Fund. The City Manager noted that this proposal was used in the committee hearing for Coal Severance Tax Fund monies on the City's application for construction of a State park. City Manager Evans then noted that the Commission must determine whether it feels the proposed park would be desirable for the community. Commissioner Weaver noted that it is not likely that this type of situation will arise very often, as the City will not be applying for monies for State parks on a frequent basis. He noted that this should not be considered as a precedent, but should be considered on its own merits. Mrs. Peg Hines, Recreation Board, noted that Mr. Cook would be taking care of park- land requirements ahead of time if the City accepts his proposal. She noted that the land involved is also unusual for parkland, as it is located on both sides of the Gallatin River, I thus giving access directly to the river from the park. She further noted that most often the parkland is located in a gully or on a hill where it is not very usable. Mrs. Hines stated that the presentation to the Committee in Helena was well organized. The City of Bozeman proposal is second to Lake Elmo in Billings. She noted that Mr. Cook1s offer had an effect on the Committee1s consideration. Also, Mr. Hash dropped the price for his parcel of land, which enhanced the application. Mrs. Hines stated that the State is now attempting to eli- minate use of Coal Severance Tax Fund monies for land acquisition. 03-07-83 Llsr , ". Mayor Stiff asked if the City could accept land as a credit for future parkland re- quirements and then donate that land to the State. City Manager Evans stated that it is possible for the City to donate land to the State; and it is possible for the State to donate land to the City. He indicated questions about the interpretation of cash-in-Iieu versus donation of one-ninth of the land within the subdivision when considering Mr. Cook's proposal. I Mr. Erhardt Hehn, noted that a precedent has been set because Mr. Clair Daines bought one acre along Sourdough Road adjacent to a park and donated that property for parkland in lieu of dedicating one acre in his subdivision along South Third Avenue. Mr. Hehn feels that Mr. Cook's offer is a good one. Mr. John Scully, Attorney, stated that Mr. Cook owns twenty-five acres adjacent to Glenlake Park. He noted that Mr. Cook's proposal to donate four to five acres of that land to the City for credit on future parkland requirements for subdivisions appears to be valid under the State Statutes. He noted that the Code does not speak to ownership of the park; so he feels that the property could be transferred to the State as a portion of Glenlake Park with no legal problems. Mr. Scully noted that the initial presentation was made to the Legislative Committee in support of the appl ication for Coal Severance Tax monies. The Committee then selected three projects to be renegotiated, including the City's application. The Recreation Board then met with Mr. Glen Hash, who agreed to reduce the price for his land. Mr. Gene Cook had presented his proposal after the application was submitted, and prior to the initial hearing. When the application was remanded to the City for renegotiation, the Board met with Mr. Cook and agreed to accept his proposal. Representatives of the Recreation Board attended the second hearing, at which the City's proposal was initially rejected. The representatives then interrupted the hearing and presented the renegotiated figures. The Legislative Committee then ranked the City'S appl ication as the Number Two project for funding, preceded by Billings and followed by Whitefish, subject to the City Commission's approval. I Mayor Stiff asked what is being requested of the Commission. Mr. Scully stated that the Recreation Board acted on the renegotiation of the appl ica- tion in four days. He noted that there had been insufficient time to meet with the Commis- sion prior to the second Legislative Committee hearing, so the process is now out of order. He stated that this presentation is basically a status report, and a request for the Commission to endorse the appl ication and Mr. Cook's proposal. Commissioner Weaver suggested that the Commission accept Mr. Cook's donation, con- tingent upon review by the City Attorney. City Attorney Crumbaker-Smith asked if there is a valuation on the parcel of land at this time. Mr. Scully stated that the value set for cash payment by the State of Montana was 72 cents per square foot. City Attorney Crumbaker-$mith stated concern that the City have a written under- standing with Mr. Cook to aid in future parkland dedication requirements. Mr. Scully stated that if the Commission endorses the proposal, a letter of agreement stating the value of the property must be completed. He noted that Mr. Cook's land will be valued at today's prices, and will not be subject to increase or decrease. Also, the valuation will be fixed at the lowest price offered, which is the 72 cents per square foot set by the State. City Attorney Crumbaker-Smith noted that the City could enter an agreement with Mr. Cook that his current parkland dedication could be utilized for a s'pecified acreage or for a I specified amount of cash value. Mr. Scully noted that Mr. Cook could utilize the current donation in I ieu of parkland dedication in a commercial subdivision or in a residential subdivision. City Manager Evans noted that the 72 cents per square foot is approximately $31,000.00 per acre. He further noted that this value would be set now and would not be subject to change when Mr. Cook wishes to use this as parkland in lieu of requirements for a future sub- division. 03-07-83 '~S 8 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission accept Mr. Gene Cook1s proposal to donate four to five acres for the Glenlake Park, to be utilized as parkland in lieu of parkland requirements for future subdivisions, contingent upon legal review and signing of a letter of agreement between the City and Mr. Cook setting the value of credit for the parkland. 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 Recess - 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled publ ic hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of con- ducting the scheduled public hearings. Public hearing - Ordinance No. 1124 - adoption of "Uniform Fire Code, 1982 Edition" This was the time and place set for the public hearing on Ordinance No. 1124, as prepared by the City Attorney, entitled: ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.36.010 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMIT FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. City Manager Evans noted the Commission had provisionally adopted this ordinance on January 31, 1983 and set the public hearing for this date. I Mayor Stiff opened the publ ic hearing. Fire Chief Lewis and Deputy Fire Chief Welch were present. No one spoke in support of or in opposition to the adoption of Ordinance No. 1124. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearin - Ordinance No. 1125 - amendin section of Business License Ordinance re electrOnic games mec anlcal devices This was the time and place set for the public hearing on Ordinance No. 1125, as prepared by the City Attorney, entitled: ORDINANCE NO. 1125 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 3.12.040 OF THE BOZEMAN MUNICIPAL CODE AS FOUND IN ORDINANCE NO. 1123 PROVIDING FOR A LICENSE FEE FOR ELECTRONIC GAMES AND OTHER MECHANICAL DEVICES OPERATED FOR AMUSEMENT. PREAMBLE The purpose of this ordinance is to amend subsection 040 of Chapter 3.12 of the Bozeman Municipal Code, entitled Electronic Games--Amusement to change the license fee per machine or device from $40.00 per year to $25.00 per year and to establish a maximum charge of $150.00 per year for any location where six or more machines and devices are placed. City Manager Evans stated that the Commission had provisionally adopted this ordinance on February 7, 1983 and set this as the public hearing date. I Mayor Stiff opened the public hearing. Assistant City Manager Barrick stated that late Friday, the City staff received 37 questionnaires, representing 158 video games, sent out by D and R Vending, or a represen- tative. He reviewed the questionnaires and found they appear to be filled out exactly the same. The main thrust of the questionnaire is whether or not the businesses require more police, fire or sanitation services as a result of the video games. All of the questionnaires 03-07-83 LI59 indicate that they do not require any more services than in the past. He then presented the questionnaires to the Commission for their review. Mr. Page Well come , Attorney for D and R Vending, stated that the questionnaires were sent to the various business establishments leasing video games from D and R Vending to determine what public facilities were needed because of the electronic games. He stated that the questionnaires were distributed and completed independently. He stated that the City is I trying to establish a high fee, when a high fee is not necessary to cover actual expenses. He stated that the Commission must prove that the high fee is valid. Mr. John Stocksdale, owner of D and R Vending, noted that probably 75 percent of the locations don't have any more electronic games/mechanical devices than they did eight or ten years ago. He noted that electronic games are not fire hazards. The major electrical consumption is for the fluorescent light tube. When the electronic game is being used, it requires about as much electricity as an electric clock. Mr. Stocksdale noted that the major concerns expressed about electronic games are because they are new; and people tend to re- ject the new and unknown. He also noted that the electronic games have leveled off in popularity. Mr. Stocksdale then addressed the problem of theft, and noted that the elec- tronic games/mechanical devices are not vandalized any more than coin boxes on any other machines, such as newspaper dispensers. Mr. Stocksdale noted that his business could be compared to a business that rents computers and adding machines, or any other type of rental shop. He asked that the Commis- sion not establish a high fee for the electronic games/mechanical devices just because they are a new form of entertainment, but set a fee that is in line with other fees. Mr. Stocksdale stated that during the summer, D and R Vending takes about forty or fifty machines out of Bozeman and places them in West Yellowstone. The fee there is $20.00 per year per machine; and they are charged a pro-rated fee for the three months the machines are in West Yellowstone. Commissioner Weaver asked if some of the electronic games are owner operated. I Mr. Stocksdale stated that the two entertainment centers in Bozeman own their own machines. He noted that one of the entertainment centers has 50 machines; and the other has 27 machines. He further noted both of the operations are well run and have created no problems in Bozeman. Mr. Stocksdale also noted that the locations that lease machines from him have an average of seven or eight electronic games/mechanical devices. Commissioner Weaver stated concern that the proposed fee of $25.00 per machine per year, with a maximum fee of $150.00 per year for any location, is not equitable. He a I so noted that a greater risk occurs where there are larger numbers of people. Mr. Stocksdale stated that they would support a flat fee that is not administratively prohibitive. City Attorney Crumbaker-Smith noted that the authority to license electronic games/ mechanical devices is based on police power. She cautioned the Commission to keep in mind the costs of providing police, fire, sanitation and other services when establishing the license fee. She noted that the Commission may consider pedestrian and vehicular congestion, I itter- ing, noise, disturbances and other side effects caused by the electronic games /mechanical devices. Commissioner Vant Hull noted that the license fee was $5.00 per electronic games/mech- anical device in the past. The fee did not cover the City's cost; and the City was absorbing the extra costs. She noted, therefore, that there should be an increase in the license fee for the electronic games/mechanical devices, as there has been in other license fees under the new Business License Ordinance. I Mr. Stocksdale stated that he does not feel the $5.00 fee per machine is a legitimate fee. He suggested that the I icense fee be set at $10.00 per electronic game/mechanical device per year, with no maximum limit. He feels that the fee should be straight across the board, regardless of the concentration of machines, because up to now there have been no problems in the amusement centers. He also noted that if problems arise in one location, not all owners and locations should be penalized. Commissioner Weaver asked how many electronic games/mechanical devices are located in Bozeman. 03-07-83 I ('r) ^~ (" ^. ^'. Mr. Stocksdale stated that his company owns about 250 machines, and estimated the total count at 350 to 400 electronic games/mechanical devices. Mr. Page WelJcome, Attorney, expressed disagreement with the City Attorney's state- ment on the basis for the license fee. He feels that the license fee should be based on the expressed need for City services, and not on the avai labi Iity of the service. Mr. Jim Schuchard, owner of Karl Marx Pizza and Next Door Saloon (on West College Street across from the University), stated that when he bought the business in 1979, it had I one electronic game and had several booths and tables. He stated that there were a lot of fights in the bar, and he had calls to the Police Division on a regular basis. He removed the booths and tables and installed more electronic games/mechanical devices, and has not had one call to the Police Division in four years. He stated that he likes the atmosphere of the bar now, and it is much easier to handle. Mr. Don Borgeson, 303 North Ninth Avenue, stated that he would like to see electronic games taken out of Bozeman. If the machines are to remain, he would like to see the fee increased. City Attorney Crumbaker-Smith once again noted that the license fee set by the Commis- sion must be based on the cost of City services. She noted that if the fee is set too high and the matter is taken to Court, the Court may view the fee as a revenue measure and not a licensing measure. Commissioner Weaver noted that if a fee of $20.00 per machine per year were set, based on 350 machines in Bozeman, the license fees would total $7,000.00. He asked if that amount would cover the administrative costs and actual City service costs for the electronic games/ mechanical devices. City Attorney Crumbaker-Smith stated that she feels the $20.00 license fee would be reasonable. Mayor Stiff closed the public hearing. A decision will be forthcoming on March 28, 1983. Continued public hearin Rex Clark - to allow an office buildin I and warehouse on ot 4, corner of old venue and Bond Street) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Rex Clark to allow an office building for construction, engineering and livestock companies on Lot 4, Bomont Center Subdivision. The site is located at the corner of Gold Avenue and Bond Street. The City Manager noted that the public hearing was originally opened on January 17, 1983 and was continued because the Zoning Commission had continued the publ ic hearing due to lack of information. The continued public hearing was opened on February 7, 1983 and was once again continued because the Zoning Commission had continued the public hearing due to lack of information. The City Manager recommended that the Commission open and conduct the continued public hearing at this time. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the public hearing was originally continued because the proposed structure was set close to the stream bank. The Zoning Commission had stated concern about the proposed 35-foot setback require- ment. Mr. Money noted that the setback is not in ordinance form and, therefore, cannot be considered on this application. The Assistant Planner noted that the site provides for very limited use. The applicant is taking necessary steps to ensure that the stream bank and stream will not be disrupted. The Zoning Commission recommended conditional approval of the Conditional Use Permit. Mr. Rex Clark, applicant, stated that he has no problems with the conditions recom- I mended by the Planning Staff and the Zoning Commission. He noted that he has worked hard to try to find a use for this parcel of land. Mr. Clark requested that the Commission waive the one-week waiting period prior to making a decision, due to the fair weather, so that he may begin construction. No one was present to speak in opposition to the granting of the Conditional Use Per- mit. 03-07-83 L) 81 Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that due to the fact that no opposition was presented and due to the unusual weather conditions in March that will allow foundation work to be completed, the customary one-week interval be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre I and Mayor Stiff; those voting No, none. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request for a Conditional Use Permit on behalf of Rex Clark to allow an office building and warehouse on Lot 4, Bomont Center Subdivision, more commonly known as the corner of Gold Avenue and Bond Street, subject to the following conditions as recommended by the Zoning Commission: 1. The sidewalk easement locations be relabeled on the site plan. 2. The garbage enclosure be relocated to allow access for collection. 3. The building be relocated to the northern property boundary to allow for an increase in the width of the parking aisle to 26 feet. 4. The entry sign design needs to show dimension. 5. Drainage plans need to be submitted showing storm runoff from the parking lot directed from the southeast end of the parking lot to the landscaped area where there is adequate setback distance from the stream. 6. Off-street parking surfacing materials need to be indicated on the site plan and the parking lot paved. 7. Security lights be provided for the parking area that will be in compli- ance with Section 18.84.040, Item 4d. 8. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- I mitted for review and approved by the Planning Director within six (6) months of the date of the 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) signed copy shall be retained by the Building Inspector and one (1) signed copy shall be retained by the applicant. 9. All on-site improvements (i. e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 10. 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 on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 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. Public hearing - Conditional Use Permit - Charles Rush - allow building on Lot 5, Bear Creek Subdivision in the Wi of Section 14, T2S, R6E (between U.S. 10 and 1-90 next to Carpet Discount Warehouse) This was the time and place set for the public hearing on the Conditional Use Permit requested by Charles Rush to allow construction of a building to be used for warehousing and I wholesale and retail trade on Lot 5 of the Bear Creek Subdivision, located in the Wi of Section 14, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly located in an M-1 Zone and is adjacent to the Carpet Discount Warehouse east of Bozeman between U.S. 10 (Frontage Road) and 1-90. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the applica- tion is to construct a second structure on a 2. 2-acre lot. Mr. Money stated that a Condi- 03-07-83 I "," ,t!,:,:{ tional Use Permit is required because the building would be used for retail use in an indus- trial area. He then noted that the Planni ng Staff had recommended eleven conditions for approval of the appl ication. The Zoning Commission concurred in the eleven conditions for approval. Mr. Corbin Ross, Architect representing the appl icant, stated that the appl icant does not have any problems with the recommended conditions. No one was present to speak in opposition to the granting of the Conditional Use Per- I mit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Jim Schara - allow a warehouse on Lot 22E of Amended Plat of Lot 22, Gordon Mandeville State School Section Subdivision, SEt, Section 36, T1S, R5E (Lea Avenue) This was the time and place set for the public hearing on the Conditional Use Permit requested by Jim Schara to allow a warehouse on Lot 22E of the Amended Plat of Lot 22, Gordon Mandeville State School Section Subdivision, located in the SEt of Section 36, Town- ship 1 South, Range 5 East, Montana Principal Meridian. The site is more commonly located in an M-1- T Zone, at 2200 Lea Avenue, which is just north of Griffin Drive. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the appl ica- tion would allow the construction of a building that would cover approximately 45 percent of the site. Mr. Money noted that Mr. Schara had applied for and received conditional approval of a Conditional Use Permit for this site one year ago, but allowed the permit to expire. Mr. Schara is now re-applying for the Conditional Use Permit. The Assistant Planner noted that the Planning Staff has recommended six conditions for approval of the appl ication; and the Zoning Commission concurred in those recommendations. No one was present to speak in support of or in opposition to the granting of the Conditional Use Permit. I Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. - allow expansion of existing uilding This was the time and place set for the public hearing on the Conditional Use Permit requested by Don Coles for the Wild West Company to allow the expansion of an existing business on Tract 4 of the Northeast Annexation. The site is more commonly located at the corner of North Rouse Avenue and Bond Street, and is known as the old Summit/Dana Building. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the appl ica- tion is to allow the construction of a 9,600-square-foot addition to the southwest side of the existing building. Mr. Money noted that the Planning Staff had recommended eleven conditions for approval. The Zoning Commission revised one of the conditions and recommended condition- al approval of the application. Mr. Dick Prugh, Architect representing the appl icant, stated that the owner of the business has no problem with the conditions recommended for approval of the Conditional Use Permit. Mr. Prugh did note that the Section 18.62.180, on security lighting, seems vague; and he suggested that the section be revised to provide specific requirements. Assistant Planner Money stated that the security lighting provisions have been written in the present form to allow for flexibility in lighting. He noted that the security lighting must provide for health, safety and welfare of employees and customers. The type and amount I of lighting to meet this requirement may vary with each situation. Mr. Prugh then requested that the Commission waive the one-week waiting period in the decision-making process as the owner has received competitive bids for the construction of the addition; and those bids expire on Sunday. He noted that if the decision is deferred for one week, the bidding process will have to be completed once more, and the costs will probably be higher. 03-07-83 Li 63 No one, was present to speak in opposition to the granting of the Conditional Use Per- mit. Mayor Stiff closed the publ ic hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that due to the fact that no opposition was presented and due to the expiration date of competitive bids for the construction work being prior to next Monday's meeting and thus posing possible I financial hardship on the business, the customary one-week interval be waived. The motion carried by the following Aye and No vote: Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for a Conditional Use Permit on behalf of Don Coles for the Wild West "T" Shirt Company to allow the expansion of an existing business on Tract 4 of the Northeast Annexation (known as the former Summit/Dana Building), subject to the follow- ing conditions, as recommended by the Zoning Commission: 1. That the needed number of off-street parking stalls be reviewed and ap- proved by Staff prior to final site plan approval. 2. That a minimum of 6 percent of the interior parking area be landscaped. 3. That the required front yard areas be landscaped in accordance with Section 18.62.120 of the Zoning Ordinance. 4. That landscape protection devices (curbs, fences, etc.), snow removal areas and stall markings be incorporated into the design of the parking lot. 5. That all garbage receptacles be screened as required in Section 18.62.120. 6. That security lighting be provided that will be in compliance with Section 18.62.180. 7. That the paving and drainage plans be reviewed and approved by the I City Engineer prior to final site plan approval. 8. That all paving and landscaping improvements be installed and approved prior to occupancy or use of the building/addition. Where these improvements will not be completed prior to occupancy, the developer must enter into an Improvements Agreement with the City of Bozeman and provide an acceptable method of security such as a performance bond or letter of credit equal to one and one-half (1 i) times the estimated cost of said improvements. 9. 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 the building permit for the project. One (1) signed copy shall be retained by the Building Inspector, one (1) signed copy shall be retained by the Planning Director and one (1) signed copy shall be retained by the appl icant. 10. All on-site improvements (i. e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 11. 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 appl icant must satisfy all the conditions in the granting of the permit. An on-site 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 Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 8:40 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 03-07-83 I C" J. -.. \....' ,.. Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I - I 03-07-83