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HomeMy WebLinkAbout1992-09-28 ccm , J MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 28, 1992 ***************************** ~ The Commission of the City of Bozeman met in regular session in the Commission Room, ~ Municipal Building, September 28, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - SeDtember 21. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 21, 1992, be approved as amended. The motion carried by A the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, .., Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. AcknowledQe receiPt of offer to purchase Lots 3A. 4A, 5A and GA. Block 1. Vallev Unit Subdivision - PC Develocment City Manager Wysocki stated that Mr. Tom Clinton is present and has requested an opportunity to briefly address the Commission. Mr. Tom Clinton, partner in PC Development, a real estate development firm from Jackson, Wyoming, reminded the Commission that the firm is owner and developer of the Cascade Subdivision, a 110-lot development located in the former Valley Unit Subdivision. He then forwarded that firm's offer to purchase Lots 3A, 4A, 5A, and BA, Block 1, Valley Unit Subdivision, eat the fair market value of $919,987 for all four lots, as set forth at the June 9 auction sale, including the assumption of $259,697 in future SID assessments. He then handed the Agreement of Sell and Purchase, along with a check in the amount of $132,058 as down payment for said lots, to the Mayor. He also indicated the firm's desire to take advantage of the City's available financing package for lots sold at auction, for the remaining $528,232. 09-28-92 -.-..- - 2 - Mr. Clinton stated that he has worked closely with Administrative Services Director Gamradt in preparing this offer to purchase. He further noted that he has been working with the City-County Planning Department; and he intends to develop this property in accordance with the existing zoning. . Responding to City Attorney Luwe, Mr. Clinton stated this offer is valid until 5:00 p.m. on Tuesday, October 6. City Manager Wysocki requested that staff be given an opportunity to review this offer and meet with the sub-committee. He then suggested that it be placed on next week's agenda for action. The City Attorney assured the Commission that a vote to acknowledge receipt of the offer does not in any way commit the City to accept the offer. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission acknowledge receipt of the offer to purchase Lots 3A, 4A, 5A and 6A, Block 1, Valley Unit Subdivision as submitted by PC Development, and that it be brought back next week for a decision. The motion carried by the following Aye and No vote: those voting Aye being .commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Staff recart - annexation reauest submitted by PV Entercrises - 12.267-acre tract located at northwest corner of intersection of West Main Street and West CoUeae Street City Manager Wysocki noted that, included in the Commissioners' packets, was a copy of the staff report for this annexation request. Associate Planner Debbie Arkell presented the staff report. She noted that the subject parcel lies west of the intersection of West Main Street and West College Street, and extends south to an alignment with West Garfield Street extended. She stated that Director of Public Service Forbes has recommended that the right-ot-way for that street extension be acquired as a part of .the annexation process, for the possible future extension of that roadway to Fowler Road. The Planner stated that, in addition to the annexation request, the applicant is also pursuing applications for an amendment to the land use designation under the master plan and an amendment to the zoning for this parcel. She reminded the Commissioners that these are three totally separate processes; and an affirmative action on one does not automatically mean 09-28-92 --- -.. -.--- - -- --.... .n _____.__ ~ 3 ~ affirmative action on another. She noted that it is the applicant's intent to utilize this parcel for commercial development, with accesses to the site from West College Street and West Main Street. She then stated that the 1990 Bozeman Area Master Plan Update stresses that strip commercial development is not desirable along the City's entryways. She noted, however, that ~ any development adjacent to the West Main Street frontage will be subject to review under the ..., Design Objective Plans, to ensure its appropriateness in an entryway to the community. Planner Arkell stated that staff reviewed this application in light of the Commission's recent discussions reflecting that all contiguous properties lying within the sewer service area boundary be annexed upon request. She stated that this subject parcel is contiguous to the city limits and lies entirely within the sewer service boundary; therefore, staff considered it in a favorable light when reviewing the eight goals and twelve policies set forth in the annexation policy as adopted by Commission Resolution No. 2716. Associate Planner Arkell then highlighted staff's comments, as contained in the written staff report. She noted that this application generally complies with the goals, and does not substantially conflict with any goal; and it will generally comply with the policies after the a annexation agreement has been executed. ..., Responding to Commissioner Vincent, the Planner stated that at this point, the applicant is contemplating development of the subject parcel in compliance with the proposed B~2 zoning district. She noted that any changes in those plans will result in additional applications and review processes. Commissioner Stiff noted the importance of recognizing that this application for annexation is totally separate from any actions regarding zoning or future development of the parcel. Responding to Commissioner Frost, Planner Arkell stated the Master Plan indicates there are 95 acres of B-3 zoned property, comprising the downtown business district. She noted that . the proposed development in this area is to include the 1 2 + acres in this annexation plus 17.5 acres immediately to the east which are already annexed. Responding to Mayor Swanson, Planner Arkell reviewed the differences between highway commercial and business park zones. She noted that 40 percent open space is required in a business park, while all portions of the lot except for the setback requirements can be covered by impervious surfaces in the highway commercial district; and there are no requirements for open 09-28-92 -,,- _... ..._n_.n_..__..._...__.._ ...__.____.____._._._____.._~__ - 4 - space. She noted that allowable uses in the business park district include offices, research facilities, health and exercise establishments and retail uses. City Manager Wysocki stated that the Commission action at this time is whether or not to direct staff to proceed with a resolution of intent to annex, which would then be followed by ea public hearing. He then reiterated the fact that action on this annexation request does not in any way tie to Commission action on applications for master plan amendment or zone change. Ms. Holly Brown, attorney representing PV Enterprises, stated they recognize that the annexation, zoning and master plan processes are three totally separate processes and will not impact each other, even though they are being considered concurrently. Ms. Brown then reviewed the existing uses immediately across West College Street and West Main Street from the subject parcel, noting they are all commercial in nature. She then stated the applicant proposes to develop the site in two phases, with any changes from the proposed retail development to be addressed through subsequent applications. Responding to Commissioner Knapp, Ms. Brown stated it is anticipated that, since the configuration of the 9 acres fronting on West College Street is narrow, small retail establishments ,.WOUld be developed along that frontage, while larger retail businesses could be constructed on the 20 acres fronting on West Main Street. She then stated that, since this project is just in the initial planning stages, no site plans have yet been developed. Commissioner Frost stated that, in an effort to ensure that the applicant is aware that this annexation application is totally separate from any land use decisions for the parcel, he will vote against proceeding with the annexation. Planner Arkell stated that the Commission will conduct its public hearings on the master plan amendment and the zone map change before the hearing on this annexation request. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct staff to bring back a resolution of intent to annex the subject e12.267-acre tract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Frost. Discussion - Plannina Board recommendation for revision of fee schedule for zoning aDDlications The City Manager noted that, included in the packet, was a copy of a resolution passed 09-28-92 ..------.. . _on - --- .. ------.. - .-.-. ..--.. -..-.- - .--. - 5 - by the City-County Planning Board at its regular meeting of September 15, recommending that specified fees contained in the fee schedule for zoning applications be revised. Planning Director Andy Epple stated this revised fee schedule is the result of eighteen months of documentation on the average number of hours and the expenses involved in processing . various types of zoning applications. He stated that, as a result of Commission input, the per-hour figure for review has been calculated based on the number of work hours in a year, less holidays, annual leave and sick leave, plus the operating budget expenses for those same hours; and the result was $19 per hour. He noted that a copy of that support information has been attached to the resolution. The Planning Director stated that this fee schedule is based on a different concept than past fee schedules have been. He noted that, in an effort to provide incentives for developers and applicants to forward complete and comprehensive applications, the fees have been substantially increased; and a minimum fee has been added to ensure that all fixed costs are covered, even if only two or three hours of staff time are required. He stated that the fee for the particular type of application being submitted will be required with the application; however, if the time required for . review is decreased because of the completeness of the application, the applicant will be entitled to a refund. He noted this would be accomplished by the applicant signing a claim form, which would go through the standard City process, after the development is occupied; however, in no event would the applicant pay less than the minimum fee set for that type of application. Planning Director Epple stated that, after considering various options, staff felt that to set higher fees, with the possibility of a refund, was the best approach. He further noted it was determined that billing for extra charges because an application resulted in a more extensive review was determined not feasible. The Planning Director stated that last year, the City of Billings conducted a very extensive survey of fees charged for the various reviews, with results from several different communities in . Montana and the Northwest being accumulated. He stated that, while the fees in this proposed fee schedule are among the highest in the region, it is the only program which offers incentives and an opportunity for refund built into it. He noted that, typically, other communities in the region subsidize development because the fees do not cover the expenses incurred. Responding to Commissioner Knapp, the Director stated that the fee for Certificates of Appropriateness has been lowered for those applications not made in conjunction with another 09-28-92 .-. - ... - 6 - action. He noted these would include items such as a low patios. Responding to City Manager Wysocki, the Director stated that temporary signs include the oversized real estate signs which are sometimes located on parcels for sale. He noted that the $25 fee seems excessive for the work that Planning staff does; and suggested that the $10 fee will .cover costs while hopefully encouraging a greater level of compliance. He stated that this fee does not apply to the small political signs which are posted for a period of time before an election. Commissioner Stiff noted that some of the fee increases seem to be quite high; however, he noted they are based on actual data and a conservative hourly rate. He also noted the schedule seems to be more equitable overall. The City Manager reminded the Commission that any costs not covered by fees are covered by the General Fund, which receives much of its funding through the mill levy and motor vehicle fees. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission accept the fee schedule as proposed, and authorize and direct staff to prepare a Resolution for action at next week's meeting. The motion carried by the following Aye and No .vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - a) Recreation and Parks Advisory Board recommendation that UD to $10.000 of Parkland Trust Fund monies be released for landscaDing and irriaation imDrovements Der reauest from Gallatin Valley Softball Association: and b) reauest from Gallatin Valley Softball Association for authorization to sDend their money to install liahts for Field 4 - Recreation Comelex City Manager Wysocki noted that, included in the Commissioners' packets, were copies of a memo from the Recreation and Parks Advisory Board, dated September 17, and two letters forwarding the separate requests from Terry Baldus, Improvements Committee Chairperson for the Gallatin Valley Softball Association. Ms. Terry Baldus stated she has been involved in the project for making improvements to .the Recreation Complex for the past year, and is pleased with her negotiations with the City during that time. She noted that the improvements to the parking lot were never completed under the former committee; and she is now taking the necessary steps to complete that action. She stated that, through negotiations with the Planning office, the landscape plan for the parking lot has been revised; and she then distributed a copy of the letter from Senior Planner Skelton, dated September 09-28-92 - - -----. "1="1"'" -~_....-._---_... ..---.---- - 7 - 28, reflecting that approval. She then requested that $10,000 in Parkland Trust Fund monies now be released for the installation of those landscape and irrigation system improvements. Ms. Baldus then forwarded their second request, which is for authorization to spend approximately $20,000 of the Association's money for installation of lighting in the parking lot and eon Field 4. She stated that the league is growing; and they needs lights for Field 4 to accommodate additional teams and playing times. She then noted that if the lights are installed now, it will result in a savings of $7,000 to $10,000 for the Association. Responding to Mayor Swanson, Ms. Baldus stated the $20,000 has been acquired through fees charged to players and sponsors. She then stated that a $5 assessment for the lighting will be assessed all players. She noted that the Association obtained an $80,000 loan for the building of Field 4, which they are presently repaying. Further responding to the Mayor, Ms. Baldus stated that she talked to landscapers and toured various new developments in the community in an effort to obtain ideas and suggestions on landscaping prior to submitting the revised plan. She stated that she has obtained costs for installation of a drip irrigation system for the landscaping as well as estimated costs for the ~proposed landscaping. She then stated that, after receiving approval from the Recreation Complex ..., Board, she forwarded her request for funding for the landscaping and irrigation system to the Recreation and Parks Advisory Board and received their recommendation for approval. She stated that, subsequently, she met with Park Superintendent McNeil and Director of Public Service Phill Forbes regarding the types of shrubs and trees to be planted, and received their approval as well. She noted that the proposed drip irrigation system will provide for the most efficient usage of water, while ensuring that the vegetation is adequately watered. City Manager Wysocki stated that this project was originally proposed in two phases, with the Parkland Trust Fund monies set aside for this project to be held back to ensure that the landscaping was completed. He noted that the project is now at the point where those monies . could be appropriately released, Responding to questions from the City Manager, Ms. Baldus stated that they are presently working with Montana Power Company to run lines and install a transformer for lights in the parking lot. She stated that the lights for the parking lot may not actually be installed until spring; however, she noted that the preparatory work should be completed in the near future, to ensure that installation of the lights does not harm the new landscaping. 09-28-92 ___n .___ -....---.---.-- .. - - 8 - Commissioner Knapp noted that at one time, there was a problem with lights from the ball fields reflecting onto the freeway. She then asked if this issue has been addressed. Ms. Baldus acknowledged the problem with the type of lights currently used at the Complex. She then stated that the long range plan is to change all of the lights out to a new type . of shielded light that reduces the amount of light pollution. She noted this is an expensive item; and the Association hopes to change out one field a year, if possible, at an estimated cost of $4,000 to $5,000 per field. She then stated that they plan to install the new type of lights on Field 4, at an estimated cost of $17,000. She stated it is the Association's intent to upgrade and modernize the facility as much as possible, and attract more tournaments to the community. Commissioner Knapp asked if the City will retain oversight on how the $10,000 in Parkland Trust monies are spent, if they are released as requested; the City Manager responded in the affirmative. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the request forwarded by the Gallatin Valley Softball Association for release of $10,000 in Parkland Trust Fund monies for the purposes of installing landscaping and irrigation .system improvements at the Recreation Complex. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the request forwarded by the Gallatin Valley Softball Association for authorization to expend their monies to install lights for Field 4. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. ADDointment to Bozeman Area Bicycle Adyisory Board (BABAB) City Manager Wysocki submitted to the Commission a memo from Clerk of the .commission Sullivan, dated September 24, forwarding the names of the applicants for this vacancy. At Commissioner Knapp's request, Commissioner Vincent reviewed his proposed method for appointments to boards and commissions, which involves voting on one of several nominations on the floor simultaneously. 09-28-92 -.-....... -.-.-.--- -------...-.--.... -.....--..-- -- ._ ._ n__.._.. .____ _n___. ____ _.____..._ u__ ---...------.--. -------.....-..---.-...-.-.-...-. -. -.- - 9 - It was moved by Commissioner Vincent that the Commission nominate Geoff Proctor to replace Ray Rasker on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 1993. T he nomination carried by the following vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Stiff and Mayor Swanson. . It was moved by Commissioner Knapp that the Commission nominate Linda DuPriest to replace Ray Rasker on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 1993. T he nomination failed by the following vote: those voting Aye being Commissioner Knapp. Selection of delegate to attend NLC Congress of Cities - November 28 thru December 2. 1992. - New Orleans. Louisiana City Manager Wysocki reminded the Commissioners that, typically, they appoint one member to attend the National League of Cities Congress of Cities. He noted that this year, the meeting is to be held in New Orleans, Louisiana, on November 28 through December 2. Mayor Swanson asked if any Commissioner is interested in attending this year's conference. . Commissioner Knapp stated she feels these conferences are important, noting she attended last year's NLC Conference. She then indicated a willingness to represent the Commission if no one else wishes to go. Commissioner Vincent and Mayor Swanson indicated they would be unable to attend. Commissioner Stiff noted he has attended an NLC conference, and will defer to someone else. Commissioner Frost indicated he might possibly be able to attend, if he feels the agenda warrants. Mayor Swanson requested that this item be placed on next week's agenda for a decision. .DiScussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Planning Director Epple, dated September 23, forwarding the schedule for review and adoption of the Transportation Plan Update. The City Manager noted that 09-28-92 ---.--...-. -.- ______n. .__ ------- =- -.10- the public hearing before the City-County Planning Board is scheduled for October 13, and the public hearing before the City Commission is scheduled for November 2. (2) Reminder that the Visitors' Center workshop is scheduled for tomorrow morning. The City Manager indicated that Commissioner Frost will be attending as a Commission ~ representative. ..., (3) Copy of the legislative survey summary, as prepared by the Bozeman Area Chamber of Commerce. (4) Copy of the certificate which Mark Kottwitz received for placing second in the front end loader competition at the Rocky Mountain Chapter APW A snow rodeo, held on September 9 in Great Falls. (5 ) Final report on the compost collection total of 332.1 tons for 1992, as compared to 250 tons for 1991. The City Manager noted that the moisture received in the early summer probably contributed to the additional amount of compost collected. (6) Agenda for the County Commission meeting scheduled for September 29, along with daily minutes for the week of September 14. '. (7) Agenda for the Development Review Committee meeting to be held at 10:00 ~ a.m. on Tuesday, September 22. (8) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, September 22. (9) The City Manager submitted his weekly report, as follows. (1) Noted that work on street projects is continuing. (2) Noted the auditors are doing their fieldwork, with that work scheduled for completion on October 7. (3) Announced that recent review of the outstanding SID bonds revealed that $450,000 worth of bonds can be refinanced, at a total estimated savings of $56,000 to those within the districts. (4) Announced that roughly 60 applications were received for the position of Personnel Director. (5) Noted the Hyalite Dam dedication is scheduled for 2:00 p.m. on October 9. He stated that two of the City's staff members will be in attendance, since .that occurs during the League convention. (6) Stated that staff has received a draft of the traffic safety study completed by Marvin and Associates for specified off-system intersections. (10) The City Manager distributed copies of what is entitled the "second edited final, final draft" of the Memorandum of Understanding with Gallatin County regarding the Law and Justice Center. He noted this will be placed on next week's agenda for discussion and action, 09-28-92 .--- --.- .-----. -~- ---.-- .-..-.----..---. - 11 - noting that if the City accepts it at that time, bids will be opened on November 5. (11 ) Commissioner Knapp noted the letter which the Commissioners received from MSU President Malone, inviting them to attend a meeting with the Commissioner of Higher Education from 5:30 p.m. to 7:00 p.m. Tuesday, October 13. She then expressed an interest in . attending and her concern that the Commission meeting schedule for that day will be long because of the scheduled discussion on annexation policy. All Commissioners, except Commissioner Stiff, plus the City Manager stated their intent to attend that meeting. As a result, the Commission decided to delay their discussion on the annexation policy, with that discussion to be conducted after the public hearings on October 19, if possible. (12) Commissioner Knapp submitted the following. (1) Attended the TCC meeting on Wednesday, at which time the committee accepted the draft of the transportation plan with some minor changes. (2) Attended the Beautification Committee meeting on Tuesday. She noted they are proceeding quite well in developing plans for acquiring a loaner piece of sculpture for the Sculpture Park until a piece can be acquired on a permanent basis. (3) Noted an article in the .saturday edition of the Great Falls Tribune, which is a repeat of an article which recently appeared in USA Today about Bozeman. (13) Commissioner Frost submitted the following. (1) Attended the Parking Commission meeting, at which meeting the parking study for downtown was reviewed. He noted the area has a potential of losing 90 parking spaces due to safety concerns resulting from the transportation plan; however, Mr. Widmayer also noted that the three parking lots along West Mendenhall Street have only a 30-percent usage rate. He noted the study suggests that the time limit should be removed, or extended to half-day or full-day time limits, at no cost, which would encouraged business owners and employees to park there rather than on the street. He also noted that the Parking Commission is considering the installation of logo signs on Main Street to notify .shoppers that off-street parking is available only half a block away. (2) Attended the second session of leadership Bozeman on Thursday, which centered on the history of Bozeman. (14) City Attorney luwe submitted the following. (1) Stated that within the past week, several motions have been filed on cases pending, including a counter-claim in the Bozeman Solvent Site issue, a motion to move the John Alston case from District Court to Federal Court, and a motion of opposition to the motion from the Bozeman Dally Chronicle, seeking attorneys' 09-28-92 ------------------- - -- . - 12 - fees. (2) Noted that this past week, an attorney reviewed a video tape for his client's OUt case, after which the client pled guilty. (3) Noted that he also attended Leadership Bozeman on Thursday. ( 15) Clerk of the Commission Sullivan distributed a listing of the revised reservations .for the league convention in lewistown, and asked for any last minute changes to be forwarded immediately. She also noted some interest has been expressed in car pooling for the convention. (16) Mayor Swanson noted he has tried four new projects this past week: West College Street from West Main Street to South 19th Avenue, the new water slide at the Swim Center, the new caution lights on West Main Street at the High School, and the new trail which the Rotary Club is constructing through Langohr Park. The Mayor then noted concern about the lack of visibility of pedestrians who are trying to cross West Main Street at the High School from the south side of the street to the north side, because of all the vehicles parking along that side of the street. He noted that it is difficult to get vehicles to stop until the pedestrian is in the lane of traffic, suggesting some remedial action should possibly be considered. . ( 17) Mayor Swanson reviewed, at length, the various resolutions which the Legislative Committee for the Montana League of Cities and Towns considered at their September 11 meeting, since these resolutions will be subject to discussion and action at the League convention the week of October 5. Those resolutions address, in part, the following issues: statewide sales tax, infrastructure financing, local option tax authority, accommodations tax, workers' compensation surcharges, workers' compensation indemnity payments for police officers, state administrative assessments, personal property tax reimbursements, video gambling taxes and license fees, legalization of black jack, annexation of wholly surrounded properties, discrimination in the provision of employee benefits, increased pension benefits for police chiefs, extension of local option motor vehicle tax, extension of tort claims limits, relief from Initiative 105, and amendments to the Montana Subdivision Law. . During this discussion, the Mayor reviewed the differences in the finance packages being proposed by the two gubernatorial candidates, particularly in the area of sales tax and assistance to local government. He also reviewed the infrastructure financing compromise proposal, which is a combination of the Big Sky Dividend and the Treasure State Endowment programs. The Mayor noted that if a block grant for local governments is created, the League 09-28-92 --- --- ,. ~ -" - .... --. - --.---- -- -------..--.--."."'--.--,,----,,---- - ..-........--.---.-----..---.--... --.. ...- .-....---- . . - 13 - proposes seeking 10 percent of the monies, rather than the 6.5 percent proposed in the Bradley plan. He noted the preferred distribution of those monies would involve a combination of population and point of origin, thus assuring the smaller communities that they will benefit from the program. He then noted that under the Racicot plan, no block grant program would be provided efor local governments as a result of a sales tax. He further stated that the Legislative Committee has indicated its opposition to a one percent local option sales tax, as proposed in the Racicot plan, because of the confusion it could create for the general public. The Mayor noted that under the infrastructure financing package, a combination of grants and long-term financing is proposed. He highlighted the program, noting that it would result in a total of $103.27 million in monies available to local governments for infrastructure needs, which does not include streets. Commissioner Knapp asked if the proposed infrastructure financing package will have any impact on the % of 1 percent of coal severance tax monies now going to fund public libraries. Commissioner Vincent cautioned that, after his twenty years in the Legislature, he would suggest that everyone take the stance that nothing is sacred; and any funding is subject to change .as a result of legislative action, generally in response to a request. The Mayor then characterized the local option tax authority as a "back-up" position if the sales tax isn't approved. He further noted that the League proposed to pursue legislation which would expand opportunities for implementation of a resort tax to all communities in Montana. Commissioner Knapp suggested that the concept to require cities and towns to derive 50 percent of commercial activities from travel-related businesses is a good one, but the percentage is too high and should be substantially reduced. Commissioner Knapp then suggested that legislation for extension of the local option motor vehicle tax should contain the provision that those monies be used only for special projects or capital items, not for operations. e Mayor Swanson noted that the Legislative Committee also reviewed some of the legislation which individual communities plan to pursue. He noted that they indicated their intent to support the City of Bozeman in its attempts to change legislation pertaining to review of subdivisions outside the city limits but in the planning jurisdiction. 09-28-92 , , - 14 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Defer enforcement of zone code Drovision re ~ign amortization Commission Resolution No, 2880 - temcorarv closing of North 20th Avenue at mid-coint between West Beall Street and Durston Road ~ COMMISSION RESOLUTION NO. 2880 .. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TEMPORARILY CLOSING NORTH 20TH AVENUE AT MID-POINT BETWEEN WEST BEALL STREET AND DURSTON ROAD THROUGH INSTALLATION OF A LOCKABLE GATE, Authorize City Manaaer to sign - Sanitary Sewer Piceline Easements and Aareements - 1) Beatrice R. & Susan R. Tavlor (2 parcels): 2) Estate of Eugene Graf. Jr.. & Genevieve S, Graf: 3) CaDe-France Entercrises: and Agreement and Grant of Possession - Donald D, & Cecilia R, Vaniman (for North 19th 1-90 interchange sewer relocation croiect) Authorize absence of Commissioner Stiff from regular meetings of October 13. October 19 and October 26. 1992. in comcliance with Section 7-3- 4322(2)' MCA Claims It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those ~ .,., voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Adiournment - 5: 15 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. . ATTEST: ~ o:!1~ ROBIN L. SULLIVAN Clerk of the Commission ~ 09-28-92