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HomeMy WebLinkAbout1982-05-10 L. 5 [,- j' ".\....) MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 1 0, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, May 10, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Acting City Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of May 3, 1982 were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the Request on behalf of Police Officer Gordon McEwen for permission to attend an Advanced Driver Education Workshop, the Request on behalf of Bozeman-Gallatin Empire Lions Club for a barbeque and waiver of the open container ordinance and the Request on behalf of Tau Beta Pi Engineering Honor Society for waiver of the open container ordinance be removed for discussion. Acting City Manager Barrick requested that Ordinance No. 1107 for the North Seventh Annexation be removed for discussion. Mayor's comments - Welcome to International Trampoline Federation I Mayor Stiff stated that he had welcomed the I nternational Trampoline Federation World Championships and had received a medallion from the I nternational Trampoline Federation and a banner from the Japanese contingent. The Mayor requested that these two items be prominently displayed in the City Hall. Incentive Program Awards Acting City Manager Barrick stated that three suggestions had been received during April for the Incentive Awards Program. The Selection Committee deemed two of these sugges- tions worthy of cash awards. Mayor Stiff then presented cash awards to the following for their suggestions: Twyla Stratton - $ 25.00 Gayle Christie - $100.00 Mayor Stiff noted that the administration is getting leads from these suggestions which may provide benefits which have not actually been suggested. Acting City Manager Barrick noted that this is the second of three segments in the Incentive Awards Program. The Acting City Manager encouraged all City employees to provide I suggestions for the third segment of this program. Consider recommendation for award of bids on construction of Schedule I of Phase II, Waste Water Treatment Plant This was the time and place set for the award of bids for the construction of Schedule I of Phase II of the Waste Water Treatment Plant. , ':' " .-t ,j\') Acting City Manager Barrick presented to the Commission the recommendation from Thomas, Dean and Hoskins, Inc., consulting engineers. The recommendation was for award- ing the bid for Schedule I of Phase II of the Waste Water Treatment Plant construction to Johnston Excavating, Inc., Bozeman, Montana, in the amount of $1,608,324.00, it being the lowest and best bid, contingent upon the approval of EPA and the contractor fulfilling MBE, WBE and EEO requirements. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission award the bid for construction of Schedule I of Phase II for the Waste Water Treatment Plant to Johnston Excavating, Inc., Bozeman, Montana, in the amount of $1,608,324.00, it being the lowest and best bid, contingent upon the approval of EPA and the contractor ful- filling MBE, WBE and EEO requirements. 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. Continued public hearing - Conditional Use Permit - AK Investments - Mini-mall on lot 3-A-l, Kirk's SubdivisIon No.4 (east of JB's Big Roy) This was the time and place set for the continued public hearing on the request on behalf of AK Investments for a Conditional Use Permit to construct a mini-mall on Lot 3-A-l, Kirk's Subdivision No.4. It is more commonly known as the parcel of land located just east of JB's Big Boy and just north of the University Square Mall. Mayor Stiff opened the continued public hearing. Assistant Planner Mike Money stated that, at the last City Commission meeting, the I public hearing was opened and the Staff Report and Zoning Commission recommendation presented. Following the Planning Staff presentation, Mr. Bob Evans presented to the Commission several documents and covenants on the property. Mr. Money stated that the Planning Staff has reviewed these documents. He noted that it appears that there was one initial document and possibly some amendments. Assistant Planner Mike Money stated that covenants are to be binding on the sale of property from one landowner to the next. The Assistant Planner stated that the Planning Staff feels that the Planning Staff Re- port and Zoning Commission recommendation should stand as presented. He further noted , that the Supreme Court has made decisions concerning anti-trust. I n those cases where a public body has acted on private interests, the Supreme Court has ruled against the governing body and has sometimes held it liable for such actions. City Attorney Planalp stated that he has reviewed the covenants briefly. He cautioned the Commission not to sit as a judicial body to interpret the covenants. He noted that these covenants are between two private property owners. The City Attorney noted that the Con- ditional Use Permit is the item to be considered, and the issue should not become a con- I troversy on the covenants. Mr. Maurice Klabunde, owner of the parcel of land, stated that covenants can be changed by the two parties involved. He purchased this property from Kroh Brothers and the covenants have been amended. Mr. Klabunde stated that if he does not meet the covenants, Kroh Brothers can sue him. Mr. Klabunde further noted that he reviewed the L; 57 documents presented to the Commission at last week's meeting. I ncluded were Pages 14 and 15 which did not seem to fit into the other documents presented. Upon obtaining the full 28-page document from the Clerk and Recorder's Office, he found that these covenants are for Lot 3-A-2, which is the University Square Mall property. Mr. Dick Andriolo, representing the owners of the property immediately east of the I subject property, stated that he is not opposed to the Conditional Use Permit. He feels that the property must be developed as a business, but is concerned that the general health and welfare are considered and that the development does not injure the property in the area. Mr. Andriolo stated that the description of the land in the Notice of Public Hearing in incor- rect. Also, the property is listed in the name of Maurice J. Klabunde; however his name does not appear in the Notice. Mr. Andriolo noted that the real issue to be considered is how the proposed use would affect the community. He noted that the traffic situation on West Main Street is presently bad, and further development without the installation of a traffic light is unsafe. He further noted that traffic flow in the immediate area is congested. and two more curb cuts on Babcock Street would create further problems. Mr. Andriolo questioned the safety of water flowing from the parking lot, through grass, and then into the stream, which then flows through Kirk Park. Mr. Andriolo would like to see something other than a tin building. He feels that this type of building would be detrimental to the area. Mayor Stiff asked if the application would be considered faulty because of the defects I pointed out by Mr. Andriolo. City Attorney Planalp stated that he does not find any material differences between the application submitted and the Notice of Public Hearing. He noted that the shaded portion of the map in the Notice is correct. Commissioner Weaver asked if the curb cuts and traffic flow have been addressed. Assistant Planner Mike Money stated that the plans were submitted to the City Engineer for review. He made no adverse comments on the proposed curb cuts. Mr. Money further stated that the traffic flow within the development is in compliance with the Zoning Code. The Assistant Planner then stated that Mr. Walt Anderson, District Conservationist, has reviewed the proposal for covering the ditch and for using the grass strip as a means to , clean the water. He has approved the concept. Commissioner Vant Hull expressed concern about the heavy traffic flow. S he noted the possibility of connecting the parking lot for this proposed mini-mall with the parking lot for the University Square Mall. Mr. Klabunde stated that the proposed building would be steel with a standing seam steel roof. The outside will be stucco and cedar. Mr. Klabunde further noted that the I property is listed in his name. AK Investments is a trust fund named for his daughter, Amy Jo Klabunde, and this property wi II be transferred, a portion at a time. Mr. Klabunde also stated that he is presently working with Kroh Brothers on the possibility of connecting the two parking lots. He noted concern about making this a condition of the granting of the Conditional Use Permit. He feels that it would be unfair to deny the Conditional Use Permit on the basis that an agreement cannot be reached with Kroh Brothers. , I""'" ,.f.) ::""; Mayor Stiff closed the publ ic hea ring. A decision will be forthcoming next week. Decision - Assembly of God Church - vacation of northern 118.5 feet of Brady Avenue This was the time and place set for a decision on the request on behalf of the Assembly of God Church for the vacation of the northern 118.5 feet of Brady Avenue. Acting City Manager Barrick stated that the Commission had requested that the I applicants and Mr. Thomas Young, owner of the property immediately north of the subject property, prepare an agreement so that Mr. Young may have access to the back of his parcel of land, through the Assembly of God Church property. City Attorney Planalp stated that he has reviewed the document and noted that it meets the concern that Mr. Young's interests are being protected. The City Attorney suggested that this document be recorded for both parcels of land, so that this agreement is not lost during the sale of one of the parcels. Acting City Manager Barrick recommended that the Commission approve the request on behalf of the Assembly of God Church for the vacation of the northern 118.5 feet of Brady Avenue and that the Commission adopt Commission Resolution No. 2398, entitled: COMMISSION RESOLUTION NO. 2398 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING A PORTION OF BRADY AVENUE LOCATED IN THE BABCOCK AND DAVIS ADDITION. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Assembly of God Church for the vacation I of the northern 118.5 feet of Brady Avenue, and that the Commission adopt Commission Resolution No. 2398, vacating the northern 118.5 feet of Brady A venue. 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. Decision - Conditional Use Permit - B-K Partnership - PUD on Lots 6, 7 and 8 of LeClair Subdivision (northeast corner of West Koch and South Nineteenth Avenue) This was the time and place set for a decision on the request on behalf of B-K Partnership for a Conditional Use Permit to construct a townhouse Planned Unit Development on Lots 6. 7 and 8 of LeClair Subdivision, located at the northeast corner of the intersection of West Koch Street and South Nineteenth Avenue. Acting City Manager Barrick recommended that the Commission approve the request for a Conditional Use Permit, subject to the conditions as set forth in the Zoning Commission recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission approve the request on behalf of B-K Partnership for a Conditional Use Permit to construct a townhouse Planned Unit Development, subject to the following conditions: 1. That the City Engineer review and approve the proposed curb cuts, paving and drainage plans prior to construction. 2. The improvements agreement shall provide plans and specifications for construction and a detailed cost estimate breakdown for all improve- ments. It must also provide a method of payment to the City of 458 Bozeman for the inspection of the installation of the scheduled improvements, as well as a construction and inspection timetable. 3. Covenants and property owners agreements must be approved by the Zoning Commission prior to issuance of the Conditional Use Permit. Agreements must hold the City harmless from all liability as may be associated with the private street and must establish the private street will never be considered for acceptance as a public street by the City. The agreement must also place responsibility with the property owners I for maintenance and upkeep of all common properties and facilities, including open space, garbage enclosure, signs, mailbox areas, streets, and parking areas. 4. Final site plan shall include at least two speed bumps to control speed within the development and to discourage through traffic, and signs shall be placed at each entrance indicating "private street, through traffic prohibited." 5. Deed restrictions with provisions for maintenance of common structural features and screening for required private yards must be approved by the Zoning Commission before approval of Conditional Use Permit. 6. That utility easements on the site create special circumstances making development of an integrated site development plan difficult. Due to these special conditions of the site, Planned Unit Development design criteria of Section 18.75.040 are hereby modified to reduce the town- house site size for Townhouse Lots 14 and 17 from 1600 square feet to 1428 squa re feet. 7. Three (3) copies of a final site plan containing all conditions, corrections, and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. This site plan must be provided by the applicant for approval by the Planning Director within six (6) months after Conditional Use Permit approval by the City Commission. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy shall be retained by the Bui Iding Department and one (1) signed copy shall be retained by the applicant. I 8. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within eighteen (18) months after approval of the Conditional Use Permit and as shown on the approved final site plan. 9. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use, unless a time schedule exceeding the eighteen (18) month period is approved by the City Commission. 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. 10. That the developer complete the development in three phases, in consecutive eighteen-month increments, with Phase I completion date of June 1983, Phase II completion date of December 1984, and Phase III completion date of June 1986. 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. Decision - Conditional Use Permit - Gene Cook - retail sales building on Lot 5, Block 1, Triangle Area Annexation (west of Bob Ward and Sons on West Main Street) This was the time and place set for a decision on the request on behalf of Gene Cook for a Conditional Use Permit to construct a retail sales building on Lot 5, Block 1, Triangle I Area Annexation. This property is located at 2400 West Main Street, just west of Bob Ward and Sons. The area is currently zoned B-2- T, which requires that the applicant seek a Conditional Use Permit. Acting City Manager Barrick recommended that the Commission approve the request, subject to the conditions as recommended by the Zoning Commission. If'" r "i;) " It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Gene Cook for a Conditional Use Permit to construct a retail sales building on Lot 5, Block 1, Triangle Area Annexation, subject to the following conditions: 1. That the Developer attempt to work out an acceptable interior traffic circulation plan with the neighboring property owner to the east. This I would involve the development of common drives and/or loading areas. 2. That the parking stalls to be located along the eastern property line be relocated out of the requi red side yard area and that 75% of that area be landscaped. 3. That the loading area be lit by a security light that will be in com- pliance with Section 18.84.040, Item 4(d). 4. That the location of the solid fence and curbing be clearly illustrated on the final site plan. 5. That the final site plan include: the existing and proposed grades of the site and parking area; the location and dimension of all easements; and accurate contour lines. 6. That the final site plan illustrate the location of the snow removal and storage areas. These areas must be located in such a manner as to not cause damage to any of the proposed landscaping. 7. That the access, paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 8. That the compact car spaces only have a maximum of one foot overhang onto the landscaped areas and that the overhang does not encroach on the neighboring property. 9. That the parking, loading and drive areas be paved and that this be so indicated on the final site plans. 10. That all paving and landscaping improvements must be installed and I approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an improvements agreement and provide an acceptable method of security, such as a performance bond or Letter of Credit equal to one and one-half times the cost of said improvements. 11. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a bui Iding permit for the project. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy shall be retained by the Bui Iding Department and one (1) signed copy shall be retained by the applicant. 12. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 13. 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 thei r 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Request - sandwich board sign at 35 West Main - The Leaf and Bean - May-September, 1982 - 9:00 a.m. to 5:30 p.m., Monday through Saturday Acting City Manager Barrick presented to the Commission a request on behalf of The Leaf and Bean to have a sandwich board sign at 35 West Main Street from May to September Li. GJ 1982 during the hours of 9:00 a.m. to 5:30 p.m. on Monday through Saturday. The Acting City Manager noted that the applicant has been informed on several occasions that sandwich board signs are not allowed on the sidewalk. He further noted that the City Staff views these sandwich board signs as a hazard and noted that the Commission must consider any liability which might be involved. Acting City Manager Barrick then recommended denial of I the request. Ms. Nicole Boiteau, owner of The Leaf and Bean, noted that her sign was displayed until she was told that it was against the City ordinance. She noted that the sign does not block anything. and it complements the sidewalk because it covers a meter post. Ms. Boiteau further noted that the former Commission requested the Bozeman Downtown Business Association to consider a proposal for sandwich board signs. She then presented to the Commission a proposal for sidewalk sales and sidewalk signs. She noted that this proposal has been laid aside due to changes in the officers of the organization, but she asked the Association to once again review this proposal and work with the City Commission on establishing a policy. Ms. Boiteau stated that she feels that each request should be considered, rather than establishing a general policy. She further noted that the sandwich board sign is not obstructive and is clean advertising. Commissioner Anderson asked if the sandwich board sign would fit into the temporary sign status. I Building Official Gene Yde stated that he is afraid there would be dozens of signs along the sidewalk. He further noted that the sandwich board signs are not addressed in the sign ordinance. Commissioner Mathre noted that a policy on sandwich board signs should include the size limitations. Commissioner Weaver noted concern for the hazard created to the walking public and the City liabi lity which might be incurred. It was moved by Commissioner Vant Hull that the Commission approve the request on behalf of The Leaf and Bean for a sandwich board sign at 35 West Main Street for a period of one month, after which time the Commission would review and consider, and establish a permanent policy. The motion died for lack of a second. It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request on behalf of The Leaf and Bean to have a sandwich board sign at 35 West Main Street from May to September 1982 during the hours of 9:00 a.m. to 5:30 p.m. on Monday through Saturday. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Request - curb cut on North Nineteenth Avenue - Town and Country Warehouse Acting City Manager Barrick presented to the Commission a request on behalf of Town and Country Warehouse for a curb cut on North Nineteenth Avenue. The Acting City , .,:",'1 .+ ,'; L Manager noted that Town and Country Warehouse presently has ,two curb cuts on Nort~ Twentieth Avenue and two curb cuts on West Beall Street. He concurred in the City Engineer's recommendation for denial of the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission deny the request on behalf of Town and Country Warehouse for a curb cut on North Nineteeth Avenue. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - request for extension of mobile home placement - Thomas Burgener - Lea Avenue Acting City Manager Barrick stated that this request for extension of mobile home placement is the result of a Conditional Use Permit which was granted in October 1979. This mobile home is located on a parcel of land upon which is also located a Volkswagen service repair shop. One of4 the conditions of the Conditional Use Permit was: 5. The mobile home shall be used only as a temporary residence by the applicant and his immediate family and shall be removed within two years. Failure to remove the mobile home within the stipulated period will place the applicant's business license in jeopardy. Two parking spaces shall be provided for the mobile home. The mobile home shall not be located within the required front yard setback from Lea Avenue and shall have front and side yard vegetative landscaped setbacks of at least twenty feet and eight feet, respectively, and shall be located at least twenty feet from the building and parking area to be used for the auto repair business. Acting City Manager Ba rrick noted that the matter is before the Commi ssion for action, either revocation of the city license, or for extension of the time limit placed on the mobile I home. The Acting City Manager further noted that the Building Inspector and City Attorney have written letters to Mr. Burgener, which have resulted in the request for extension by the appl icant. Commissioner Vant Hull stated that she had spoken with Mr. Burgener. S he noted - ,,-that his mobile home looks good.. She feels thaJ it would be only fair to grant a two-year extension. Mr. Thomas Burgener stated that he has spent a lot of money to do the landscaping, paving and fencing. He noted that other property in the area is also under a Conditional Use Permit, and no one else has done any landscaping. He feels that he is being singled out on this matter. Commissioner Weaver asked Mr. Burgener what his plans are for the future. He asked if the present economic situation has prevented his moving the mobile home within the two years specified in the conditions for the Conditional Use Permit. Mr. Burgener stated that, when he built his business in the new location, business was good. He had five employees at that time, and he now has two employees. Mr. I Burgener stated that there is not the money in repairs that there should be. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission extend Condition No.5, as set forth above, for a period of twenty-four months, from the date of October 3, 1981, when this condition expired. 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. tCl . v Discussion - 25-mile-per-hour speed limit on Haggerty Lane within the city limits Acting City Manager Barrick presented to the Commission a request from the State of Montana Department of Highways to increase the speed limit on Haggerty Lane. The Acting City Manager noted that the Chief of Police and City Engineer feel that the speed limit should be 25 miles-per-hour inside the city limits, and recommended that the Commission deny the I request by the State Department of Highways to increase the speed limit. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request presented by the State of Montana Department of Highways to increase the speed limit from 25 miles-per-hour on Haggerty Lane within the city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - formation of Division Request for City Commission Budget Mayor Stiff noted that the Commission has received information for Fiscal Year 1982, to aid in preparation of the Fiscal Year 1983 Division Budget Request, to be submitted to the City Manager. The Mayor noted that this portion of the budget process does not deal with salaries or a possible extension of the Incentive Awards Program. The Commissioners then considered each line item to be addressed in the Division Re- quest. Mr. Rick Schegel, Administrative Intern, was present to review the present bUdget I with the Commissioners. Mayor Stiff noted that the Commission had questions on three line items and requested that the City Staff review these items and submit a report to the Commission at next week's meeting so that formation of the Division Budget Request may be completed. Acknowledge petition - vacation of 20-foot by 30-foot alley bordering on south line of Peach between Wallace and Ida - set public hearing date for June 7, 1982 Acting City Manager Barrick presented to the Commission a petition for the vacation of a 20-foot by 30-foot alley bordering on the south line of Peach Street between Wallace Avenue and Ida Avenue. The Acting City Manager recommended that the Commission acknowledge re- ceipt of the petition and set the public hearing date for June 7. 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the petition for the vacation of a 20-foot by 30-foot alley bordering on the south line of Peach Street between Wallace Avenue and Ida Avenue and set June 7, 1982, as the public hearing date. 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. I Information Item - closure of a portion of South Eleventh Avenue - May 24-June 7, 1982 Acting City Manager Barrick stated that he had a meeting with Mr. Tom Nopper and Mr. Ed Rice from the University. He noted that the closing of South Eleventh Avenue from May 24 to June 7, 1982, is for the purpose of extending electrical service, telephone lines '.'~' , ->+ l); and cable television between the Creative Arts Complex and a new building under construc- tion. Acting City Manager Barrick stated that the University administration has assured him that South Eleventh Avenue will not be closed during the period June 15 through July 5, 1982, at which time the National Intercollegiate Rodeo Association and the Wally Byam Caravan wi II be in Bozeman. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission authorize the closure of South Eleventh Avenue from May 24 to June 7, 1982, and that the City administration be instructed to write a letter to Montana State University. 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. Discussion - CDBG meeting - Helena, Montana - Wednesday, May 19, 1982 Actil')g City Ma}:'lager Barrick stateq that he had, discussed the Community Development Block Grant meeting to be held in Helena, Montana, on Wednesday, May 19, 1982 with' Planning Director John Moss. The Planning Director feels that the guidelines for the CDBG Funds are establistled and does not feel the need for anyone from Bozeman to attend the meeting. Discussion - Findings of Fact - re Lowell Springer's requested Conditional Use Permit City Attorney Planalp stated that he has reviewed the minutes for the public hearing I on Lowell Springer's request for a Conditional Use Permit for medical offices on the northeast corner of Olive Street and Bozeman Avenue. and has prepared the Findings of Fact for the denial of this request. The City Attorney requested that the Commission approve and sign the Findings of Fact and direct the Clerk of the Commission to send a signed copy of the Findings of Fact to Mr. Springer. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve and sign the Findings of Fact for the denial of Mr. Lowell Springer's re- quested Conditional Use Permit for medical offices on the northeast corner of Olive Street and Bozeman Avenue, and that the Clerk of the Commission be instructed to send a signed copy of the Findings of Fact to Mr. Springer. 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 - Bozeman-Gallatin Empire Lions Club - barbeque and waiver of open container ordinance - June 13, 1982 I Acting City Manager Barrick presented to the Commission a request on behalf of the Bozeman-Gallatin Empire Lions Club for a barbeque and waiver of the open container ordinance to be held at Bogert Park on June 13, 1982. This barbeque is conducted for the contestants in the National I ntercollegiate Rodeo Finals. The Acting City Manager recommended that, due to the policy set by the Commission at last week's meeting, the request be denied. I G r- L,' ::J Mayor Stiff feels that, in this case, it would be difficult to deny the request. He noted that this group has obtained a waiver of the open container ordinance for a barbeque each year since the ordinance was adopted. Commissioner Vant Hull noted that Miller Beer conbributes $4,000.00 toward the event if beer is distributed. If the serving of beer is not allowed, Miller Beer will withdraw its I $4,000.00 contribution to the barbeque. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of the Bozeman-Gallatin Empire Lions Club for per- mission to conduct a barbeque and for a waiver of the open container ordinance to be held in Bogert Park on June 13, 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. Honor Society - May 22, 1982 - Lindley Park - waiver of Acting City Manager Barrick presented to the Commission a request on behalf of Tau Beta Pi Engineering Honor Society for a waiver of the open container ordinance, to be held in Lindley Park on May 22, 1982. The Acting City Manager noted that the Chief of Police recommended denial and the Recreation Director recommended approval. Acting City Manager Barrick then recommended denial of the request. Commissioner Weaver noted concern about approving one request and denying another. I He feels that a guideline should be established for requests for waiver of the open container ordinance. Commissioner Weaver further expressed concern for waiving an ordinance which is on the books for the general safety and welfare of the public. Mayor Stiff stated that he feels that the University has acreage upon which MSU-related organizations can hold their activities. He further noted that MSU has its own security force, which could patrol the area, rather than further overloading the Police Department. The Mayor further noted that nothing creates more problems for policing than alcoholic beve rages. City Attorney Planalp stated that the ordinance provides for the Commission's discussing requests and provides for the waiving of the ordinance if deemed appropriate. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request on behalf of Tau Beta Pi Engineering Honor Society for a waiver of the open container ordinance to be held in Lindley Park on May 22, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; I those voting No, none. Request - permission to attend - Police Officer Gordon McEwen - Advanced Driver Education Workshop - Lewistown, Montana - June 7-8, 1982 Acting City Manager Barrick presented to the Commission a request on behalf of Police Officer Gordon McEwen for permission to attend an Advanced Driver Education Workshop to be !t.';,.'" held in Lewistown, Montana on June 78, 1982. The Acting City Manager recommended approval of the request. Commissioner Vant Hull noted that she had requested that this item be removed from the Consent Items for discussion. She noted that Officer McEwen has had two accidents, and apparently ne:.eds training in the_,area of defensive driving. . She feels that he should bear a portion of the costs for this additional training. I Acting City Manager Barrick noted that Officer McEwen will be attending this school on his days off. Most travel by City employees is done during regularly scheduled work hours, so this will result in a savings of wages for the two-day period. The Acting City Manager noted that the Accident Review Board recommended that Officer McEwen attend this type of school, on his days off, if a school were available. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Police Officer Gordon McEwen for permission to attend an Advanced Driver Education Workshop to be held on Lewistown, Montana, on June 7- 8, 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. . Ordinance No. 1107 - North Seventh Annexation Acting City Manager Barrick presented Ordinance No. 1107, entitled: I ORDINANCE NO. 1107 AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS CONTIGUOUS TO THE CITY OF BOZEMAN, MONTANA. Acting City Manager Barrick had requested this item be removed from the Consent Items because he was led to believe that the Attorney for Theatre Operators, Incorporated, would be present, however, that Attorney has not been present at this meeting. The Acting City Manager further noted that, prior to last week's meeting, the procedure for annexation was questioned. After review, it was found that the City has followed the annexation process in a legal and proper manner. Acting City Manager Barrick then recommended that the Commission adopt Ordinance No. 1107, annexing the North Seventh Annexation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Ordinance No. 1107, annexing the North Seventh Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Kennel License - Mrs. Eileen Tenney - 308 South Bozeman - Calendar Year 1982 I Acting City Manager Barrick presented to the Commission an application for a Kennel License on behalf of Mrs. Eileen Tenney, 308 South Bozeman, for the Calendar Year 1982. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Kennel License on behalf of Mrs. Eileen Tenney, 308 L G"' : . , South Bozeman, for the Calendar Year 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - Bozeman Downtown Business Association - hang banner across Main Street I Acting City Manager Barrick presented to the Commission a request on behalf of the Bozeman Downtown Business Association for permission to hang a banner across Main Street at Tracy Avenue, to be hung immediately and to remain through the first week of July. The Acting City Manager recommended approval of the request, contingent upon their payment of the standard $25.00 deposit fee. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commisison approve the request for permission to hang a banner across Main Street at Tracy Avenue on behalf of the Bozeman Downtown Business Association to be hung immediately through the first week of July. subject to depositing the required fee with the Building Inspection Department. 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 - permission to attend - Sergeant Ron Green - Investigative School - Key West, Florida - May 24-28, 1982 Acting City Manager Barrick presented to the Commission a request on behalf of I Sergeant Ron Green for permission to attend an Investigative School in Key West, Florida, on May 24-28, 1982. The Acting City Manager noted that Sergeant Green will be on vacation in that area during this period of time, and requests that the City pay his registration fees and allowance for meals as provided in Commission Resolution No. 2365. Acting City Manager Barrick 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 Sergeant Ron Green for permission to attend an I nvestigative School to be held in Key West, Florida, on May 24-28. 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Reimbursement from EPA - Phase II, Step 3, WWTP - $11,281.00 Acting City Manager Barrick presented to the Commission a Request for Reimbursement I from EPA for Phase II, Step 3, of the Waste Water Treatment Plant construction, in the amount of $11,281.00. This request is for Partial Payment No.2. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for Phase II, Step 3, of the Waste Water Treatment Plant construction, in the amount of $11,281.00. , i"; ri {~~ i.", The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to siqn - Request for Reimbursement from EPA - Phase I, Step 3, WWTP - $280,497.00 I Acting City Manager Barrick presented to the Commission a Request for Reimbursement from EPA for Phase I, Step 3 of the Waste Water Treatment Plant construction, in the amount of $280,497.00. This request is Partial Payment No.9. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for Phase I, Step 3 of the Waste Water Treatment Plant construction, in the amount of $280,497.00. 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. Acknowledge report - Building Inspection Department for April 1982 Acting City Manager Barrick stated that the monthly report for the Building Inspection Department for April 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report of the Building Inspection Department for Apri I 1982 and that it be brought back to the Commission next week for filing. The motion I 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. Claims Claims for the past two weeks were presented. The Acting City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the claims be approved as submitted. 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. Adjournment - 7:35 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Mathre, seconded by Commissioner Weaver, that the meeting be ad- journed. 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. ! r; r ..., )") r ',_ .......} ALFRED M. STIFF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission I I