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HomeMy WebLinkAbout1985-07-08 I I I 262 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 8, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 8, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Acting City Manager Barrick, I City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 1, 1985, were approved as amended. None of the Commissioners requested that any of the consent items be removed for dis- cussion. This was the time and place set for the decision on the Conditional Use Permit requested by Rodney Hobaugh for Joe and Rebecca Mahurin to allow construction of two warehouse units on Lot 12 of the McChesney I ndustrial Park Addition. This site is more commonly known as being located at 2011 Gilkerson Drive. Acting City Manager Barrick noted the Commission had held the public hearing on this item at last week's meeting. He then concurred in the Zoning Commission's recommendation that the application be approved, subject to twelve conditions. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion approve the Conditional Use Permit to allow construction of two warehouse units on Lot 12 of the McChesney Industrial Park Addition, subject to the conditions recommended by the Zoning Commission. as follows: 1. That the final site plan indicate dimensions of all property boundaries, I prior to final approval. 2. That topographic features. contour lines and/or spot elevations will be provided on the final site plan, prior to final approval. 3. That final site drainage will be reviewed and approved by the City En- gineering Officer, prior to final approval. 4. That the final site plan indicate the location of any garbage enclosure and type of screening used, prior to final approval. 5. That the final site plan provide a typical paving section, curb/paving detai I, snow removal storage area and landscape water /irrigation system. 6. That the final site plan indicate sufficient landscaping to buffer the pro- posed use form adjacent districts and that it be reviewed and approved by the Planning Office, prior to final approval. 7. That, if a sign is to be utilized, the applicant indicate on the final site plan elevations and typical section of all signs to be involved with the project, and that they be approved by the Planning Office prior to final approval. 8. That the final site plan indicate the access road which bounds the prop- erty along its northern boundary, prior to final approval. 9. That all required improvements shall be installed in accordance with an Improvements Agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed and accepted by the City, or until a financial guar- antee equa I to one and one-hal f (1 *) times the amount of the cost of the I scheduled improvements shall be provided to secure completion. 10. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the Planning Director within six months of the date of City Commission approval and prior to issuance of a Building Permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 07-08-85 263 11. That all on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. That the Conditional Use Permit shall be valid for a period of only 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. I f all I required conditions have been satisfied, the permit wi II be permanently renewed. The motion car-ried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - clarification of method of appointing certification committee for the Montana Certified Cities Program Acting City Manager Barrick stated the Commission had requested this item be placed on the agenda for discussion. Ms. Doris Fischer, Gallatin Development Corporation, stated she sent the appl ication for the Montana Certified Cities Program to the Department of Commerce in Helena on Friday. She noted a training conference for participating cities is to be held on Wednesday and Thursday, July 17 and 18, in Helena; and at least four representatives of the certification committee must attend. Ms. Fischer then stated that since the Gallatin Development Corporation has been named as the coordinating organization, it is planning to send four individuals to the conference. She then invited any and all interested City Commissioners or staff members to attend the conference as well, since the City is the applicant for the program. Commissioner Jordan indicated a desire to attend the training conference if possible. He requested that if he is unable to attend, his concerns about provision for financing be re- emphasized. I Commissioner Anderson stated she is planning to attend the training conference. Mayor Weaver stated he feels the City should absorb the costs for those Commissioners who wish to attend, suggesting that monies be appropriated to cover the registration costs plus $50.00 for transportation, lodging and food. Commissioner Vant Hull noted the Gallatin Development Corporation is sending the re- quired number of well-qualified people; and she does not feel it is necessary for any of the Commissioners to attend. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Com- mission appropriate monies to cover registration fees for the training conference plus an amount not to exceed $50.00 for transportation, lodging and food for those Commissioners who wish to attend the meeting, which is to be held in Helena on July 17 and 18, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. Repair of Lyman Creek transmission line Acting City Manager Barrick presented to the Commission a memo from Engineering Of- ficer Neil Mann indicating there is a leak in the eighteen-inch Lyman Creek transmission line under the corner of the ConAgra building, which is flooding one of the grain pits. The Acting City Manager noted the supply line cannot be shut off at this time because the water is needed to help provide water for the south side of the city. City Attorney Crumbaker-Smith stated that Section 7-5-4303, M. C. A., provides that the I Commission may declare an emergency ".... .caused by fire, flood, explosion, storm, earthquake, riot, insurrection, or other similar emergency, ....." exists by a three-quarters vote. She noted that such action eliminates the requirement to go through the bidding process, although the contract wi II be well over $10,000.00. Mayor Weaver asked what liability the City may face if the Commission declares an emer- gency and then does not proceed with repairing the transmission line. The City Attorney noted that the City is currently faced with off-setting emergencies. She noted if the leak does not become any worse, no repai rs wi II be completed until after the heavy water usage time is past. 07-08-85 -' 26't However, if the leak becomes worse or the main breaks completely, the repairs will need to be done immediately. She also indicated that if the repairs are not completed within a short period of time, this item will be brought back to go through the regular bidding process. Director of Public Service Holmes stated that initial indications have been that the grain cannot be removed from the building until the flooding situation has been alleviated. He stated another individual is now reviewing the situation to see if the grain could be removed to de- crease the weight on the floor of the building. He indicated if that is possible, the City crews I may be able to tunnel under the building and repair the leak. If the grain cannot be moved, a contractor will need to be hired to reroute the line around the building. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion declare an emergency situation, in compliance with Section 7-5-4303, M.C.A., due to the flooding caused by the leak in the eighteen-inch Lyman Creek transmission line, and authorize City staff to proceed immediately with the repair, it being in the public interest to do so. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. - amendin Chapter 13.28 of the Bozeman Munici al Code, to ex and the or t e operatIOn 0 the sewage disposal system Acting City Manager Barrick presented Ordinance No. 1184, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1184 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 13.28 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR RULES AND REGULATIONS FOR THE OPERATION OF THE SEWAGE DISPOSAL SYSTEM FOR THE CITY OF BOZEMAN SEWER UTI L1TY DIVISION; REPEAL OF SECTIONS 13.36.120 AND 13.36.130 OF CHAPTER 13.36 OF THE BOZEMAN MUNICIPAL CODE; AND REPEAL OF CHAPTER 13.40. Acting City Manager Barrick noted this Ordinance amends the rules and regulations for I operation of the City1s sewage disposal system; and recommended that the Commission pro- visionally adopt the Ordinance and that it be brought back in two weeks for final adoption. Commissioner Vant Hull asked how much of the Ordinance is new. City Attorney Crumbaker-Smith indicated the first half of the Ordinance is a revision of the existing rules and regulations; and the second half meets the Environmental Protection Agency requirements. She noted the EPA has required that this Ordinance be adopted. Commissioner Jordan asked if the City is currently meeting specifications for the sewage disposal system. Director of Public Service Dick Holmes stated the Ordinance should have been in effect in 1984. He then indicated the Waste Water Treatment Plant is in compliance; but the City is in technical noncompliance because of failure to adopt this Ordinance. Commissioner Vant Hull asked if the City has faced any problems with large amounts of industrial wastes being dumped into the system. She also asked if any changes will have to be made in the way the plant is operated. The Director of Public Service stated that more moni- toring and testing may be required in the future. He indicated that Darigold has dumped large amounts of wastes into the system; and Allen-Bradley has the potential, although they are part of a national pretreatment system. Commissioner Jordan asked if the information gathered from questionnaires has been compiled to determine significant industrial wastes. Engineering Technician Roger Sicz stated the City has labeled four establishments as significant industrial users: Montana State Uni- versity, Allen-Bradley, Darigold and Lehrkind1s Coca-Cola. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission provisionally adopt Ordinance No. 1184, amending the rules and regulations for the operation of the sewage disposal system, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote; those voting Aye being Com- missioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voti ng No, none. 07-08-85 285 Discussion - citizen protests re banning of parking on grass at Bogert Park for band concerts Acting City Manager Barrick stated the Commission had requested this item be placed on the agenda for discussion. Mayor Weaver noted that Mr. Les Nielsen had contacted him with a complaint about the recent policy change, which eliminated parking in the grass at Bogert Park for the band con- certs. He then asked the Acting City Manager to review the memos which the Commission has I received on this subject. Acting City Manager Barrick noted the Commission has received three memos from var- ious staff members on this item. He reviewed the memo submitted by Parks Superintendent John McNeil giving a brief history of the occasions upon which attempts have been made to eliminate parking on the grass and his reasons for supporting the closure, including damage to the grass and sprinkler system. The second memo to be reviewed was from Recreation Superintendent Sue Neville, indicating her reasons for trying to eliminate parking on the grass in Bogert Park. Those reasons include complaints about car horns honking during the band concerts from the neighbors as well as the band members, complaints from park users about the ground being packed and the grass not growing well where it is parked on, and damage to the sprinkler system. The third memo was from Director of Public Service Dick Holmes, noting the recently-imposed restrictions on watering will affect the parks and suggesting that all group activities in parks other than Bogert Park, which has a well, be curtailed until the watering restrictions have been Ii fted . Mayor Weaver asked the Acting City Manager to provide a brief history of Commission decisions on park use. The Acting City Manager indicated that in 1973 an effort was made to eliminate vehicles from the parks and cemetery, which resulted in an adoption of an ordinance to prohibit motorcycles and snowmobiles. In 1977, the issue of overnight parking and camping was submitted to the Commission, at which time an ordinance was adopted to prohibit overnight parking and camping in Lindley Park only. He also noted that the City staff has attempted to eliminate parking on the grass in Bogert Park, but that decision has been overturned by the I Commission on previous occasions. Commissioner Vant Hull stated that Mrs. Charlotte Koch (who submitted a letter on this item last week) has indicated that whether parking on the grass for band concerts is allowed seems to have an effect on the number of persons in attendance. She stated that only a fraction of those who attended concerts when parking on the grass was allowed, attended the week the parking was not allowed. Commissioner Jordan asked how many spaces are available in the parking lot at Bogert Park. The Director of Public Service stated he does not know. Commissioner Vant Hull asked how much damage has occurred because of parking on the grass at Bogert Park. The Director of Public Service indicated he does not have a dollar amount on the damage which has been repaired. Mayor Weaver noted the items to be considered are community custom, the taxpayer dollars and City staff time required to maintain that community custom. Commissioner Vant Hull noted that complaints have been submitted by neighbors and band members about honking and suggested that a notice be printed on the program as well as an announcement at the beginning of the concert requesting that people not honk their horns. The Commissioner also noted that the well in Bogert Park will allow more watering in that park than in the others, so the effect on the grass should be minimal. Director of Public Service Holmes stated that the Park Superintendent just began use of the well last week; and he does not know how much water the well wi II provide. He also noted that pipes must be run across the ground from the well, rather than using the underground I system. Ms. Nancy House, Farmers' Market, indicated that venture has grown dramatically during its eleven-year existence. She noted the sellers are encouraged to park on the grass after unloading to provide a parking area for the buyers. Ms. Ann Banks, Farmers' Market, stated there are conservatively 200 cars generated during the hours of Farmers' Market. She also noted that other activities are taking place in Bogert Park during those hours, including swimming lessons and people playing tennis. 07-08-85 266 Commissioner Mathre suggested that the City should possibly consider enlarging the size of the parking lot. S rea k - 4: 55 to 5: 05 p. m . Mayor Weaver declared a break from 4:55 p.m. to 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - citizen protests re bannin of parkin rass at So ert Park for I ban concerts Ms. Maxine Penttila, resident on North Church Avenue, noted this same item was dis- cussed two years ago; and the same reasons were given for banning parking on the grass as have just been submitted. She then indicated she does not feel that parking on the grass has been detrimental, noting that other activities take place in that portion of the park, including soccer. Ms. Penttila indicated she has lived at that residence for thirty years; and the cars have been able to park on the grass for band concerts during that entire time. Mayor Weaver asked if there is any conflict between pedestrians and cars in the park. Ms. Penttila indicated she has seen no conflict. The Mayor then noted the apparent difference in this issue is the City staff's view of the park as green grass and the public1s view of it as a park for community activities. Ms. Ann Sanks noted there will be ten Farmers' Markets this year and a similar number of band concerts. She also indicated the maximum length of time that any car would be parked in the grass is four hours, which should not destroy the grass or conflict with any other park uses. Commissioner Anderson noted that Bogert Park has been an unusual park, with several different activities, for many years. She suggested that maybe this park should be considered as an exception to the City's policy for the use of parks. Commissioner Jordan stated that all parks should be considered in the same manner. He also stated he feels that as long as drought conditions exist, he would like to see parking on I the grass restricted. The Commissioner also expressed concern about activities such as Farmers' Market and Sweet Pea, where the organization is nonprofit; but those selling merchandise are making profits. Commissioner Vant Hull noted the City staff has made this recent change; but the Com- mission has not changed its policy and she does not feel it should be changed. Commissioner Mathre stated that until she knows how much damage is being done to the park, she is inclined not to change the policy, but to allow cars to continue parking on the grass. Mayor Weaver stated he is not sure that the staff arguments are compelling enough to change community custom and tradition. He then suggested that parking be allowed in the park this year and that the staff be di rected to prepare an analysis of the park Uses, considering the possible threat to safety of people using the grassed areas. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission policy of allowing people use of the park, including Farmers' Market and band concert parking, should continue and that the ban on parking in Bogert Park be withdrawn by City staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Jordan. It was then moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission ask the City staff to provide information on whatever damage is being done to Bogert Park because of parking uses and that the information be submitted to the Recreation I Advisory Board for review and a recommendation to be submitted back to the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Commissioner Vant Hull expressed concern about the memo from Director of Public Ser- vice Holmes dated July 8, 1985, which recommends that all group activities in all but Bogert Park, including Sweet Pea, be cancelled because of the water restrictions. Acting City Manager 07-08-85 267 Barrick stated the Director of Public Service has submitted this recommendation because the reduced watering makes the grass very fragile. He noted that having a high volume of pedestrian traffic on the grass while it is dry can kill the grass, which would require reseeding in the spring. Mayor Weaver asked for an estimate of the costs that the taxpayers would bear to repair the damages caused by Sweet Pea. The Director of Public Service stated that the Park Superin- I tendent does extra watering and fertilizing before and after the Sweet Pea activities so that the grass comes back quickly enough to stay alive. He then noted this is an abnormal year; and the grass is much more fragile than it has been in the past. Mayor Weaver then suggested that the City may need to reallocate irrigation water, cut- ting back in other parks so that sufficient water can be used in Lindley Park to support the Sweet Pea activities. Commissioner Jordan noted that Sweet Pea has a budget and suggested that they should bear the costs involved with using Lindley Park for their activities, particularly since this is an unusual year. He stated he does not feel the burden of the costs should be borne by the tax- payers of the community. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission stipulate that Sweet Pea will be held in Lindley Park and authorize and direct the City staff to take whatever steps necessary to minimize the cost of grass recovery. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the City send a letter to the Sweet Pea Committee alerting them to the park maintenance costs incurred through said activities, particularly this year, and suggesting their financial contribution to these costs. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and I Mayor Weaver; those voting No, none. Report - status of water availability for remainder of summer Acting City Manager Barrick presented to the Commission a copy of the public notice which the staff has submitted to the press. He noted the Bozeman Municipal Code provides that water- ing restrictions may be imposed when necessary; and asked that the Commission ratify the staff1s actions. The Acting City Manager noted that under this restriction, there will be no irrigation until Thursday, July 11, 1985, at which time the odd-even numbered system will be implemented. Commissioner Vant Hull asked what procedures will be used to encourage people to follow this restricted watering system. The Acting City Manager stated that the City can cite an in- dividual into City Court; and the Code provides a $25.00 fine per violation. Also, after the necessary steps have been taken, the City can completely shut off the water service to a faci- lity which has refused to comply with the restrictions. Commissioner Anderson asked if a curtailment has been placed on nonessential water use. Director of Public Service Dick Holmes stated water quantity is not the primary concern at th is time, but rather water pressure. He indicated there has been low water pressure at the fire hydrants during the past week, which could become dangerous. He noted the watering restric- tions will provide an opportunity to refill the reservoirs and build up the pressure in the water mains. The Director of Public Service then indicated that if all water sources remain as they are and water usage remains static, the City will have sufficient water in Hyalite Reservoir to carry twelve days past September 30, 1985. However, if any of the factors change, the City I could face water shortage problems. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion ratify the staff1s action and declare an emergency situation, restricting irrigation with City water effective immediately. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 07-08-85 . ~ ~ 268 Pedestrian/Traffic Safet Committee and possible need for a Acting City Manager Barrick stated the Commission had requested this item be placed on this agenda for discussion. Mayor Weaver submitted to the Commission copies of the draft minutes from the Policy Coordinating Committee meeting held on June 25, 1985. He noted at that meeting the PCC asked the T AC to review its membership and charter, along with the provision for a Citizens' Advi- I sory Committee and the function of the Pedestrian/Traffic Safety Committee, with a report to be submitted within 120 days. The Mayor then noted that the Commission should defer any action on this item until the T AC and Pedestrian/Traffic Safety Committee have had an opportunity to discuss the matter and submit a recommendation. Commissioner Anderson noted she has received information from Billings, Butte, Great Falls and Missoula concerning the use of a Citizens' Advisory Committee in conjunction with TAC and PCC. The Mayor requested that she forward a copy of that information to the Chair of the Technical Advisory Committee. This item will be placed on the agenda for further discussion after the TAC has sub- mitted a recommendation. Discussion - third section of the Housing Committee Report, entitled IIZoning" Acting City Manager Barrick stated the Commission had requested this item be placed on the agenda for discussion. Commissioner Mathre indicated she would like the Planning staff and possibly the Zoning Commission to be involved in this discussion. Planning Director Steve Lere stated the Planning staff has several concerns with this item and would like to be involved in the discussions. The Commission asked the Planning Director to set up an evening workshop session to be held within thirty days in the Community Room at the Library, with the City Commission, Planning staff, Housing Committee members and any interested Zoning Commission members present to discuss I this section of the Housing Committee Report. Recess - 6:15 p.m. Mayor Weaver declared a recess at 6:15 p.m., to reconvene at 7:20 p.m. for the purpose of completing the routine business items. Reconvene - 7:20 p.m. Mayor Weaver reconvened the meeting at 7: 20 p. m. for the purpose of completing the routine business items. Discussion - report submitted by Michael Brand re hazardous materials Acting City Manager Barrick noted the Commission received the final report on hazardous materials in the Technology Research District, particularly the development proposed by the Research and Development Institute, as submitted by Michael Brand, and had requested it be placed on this agenda for discussion. Commissioner Anderson noted this report addresses prevention of pollution from hazard- ous materials rather than methods of cleaning up the problems. She then indicated she feels that the City should address prevention at this time rather than reacting to problems after development has taken place in Technology Research Districts and problems have been detected. The Commission then reviewed the recommendations contained in the report, as follows. The first recommendation discussed was to contact the Research and Development I nsti- I tute about City representation on the advisory board which they have appointed to prepare guidelines and covenants for those businesses to be located within the Technology Research District. The Commission concurred that the Director of Public Safety and possibly the Fire Chief and a member of the City-County Planning Staff should be a part of that committee. Commissioner Mathre also indicated she would like to know who is on the committee. She also asked that if a City employee obtains a pOSition on the committee, that periodic reports on this item be submitted to the Commission. Mayor Weaver requested that the Acting City Manager 07-08-85 -----~--- 269 pursue City participation of the advisory board for the Research and Development Institute, and submit a report back to the Commission within thirty days. The second item discussed was obtaining a copy of CHRIS (Chemical Hazards Response Information System) from the Environmental Protection Agency. The Commission instructed the staff to write to the EPA to obtain copy of CH RI S if it is free or reasonably priced. Commissioner Jordan then suggested that the City find what resources have information I avai lable on hazardous materials. He noted that the Department of Health and Environmental Sciences in Helena has been helpful. He also indicated the City may wish to consider member- ship through RCRA (Resource Conservation and Recovery Act). Commissioner Anderson sug- gested that the National League of Cities and Towns might have information avai lab Ie , which may be distributed to member cities on a periodic basis. She also indicated she could contact I the CRS, Central Research Service, in Washington, D. C., to find out if they have any informa- tion on the impacts that existing legislation will have on local governments, any financial im- pacts and the timetables which have been established for compliance with new provisions. Commissioner Vant Hull noted that several concerns and potential dangers are raised in the report. She also noted there are indications that some of the steps for monitoring are expensive and questioned whether the City should become involved in any of those costs. Commissioner Jordan noted that each monitoring well costs $5,000.00 and each test costs $400.00. He then stated that usually two tests are done each year; and the number of wells required will govern the actual costs involved. Mayor Weaver stated he feels the business imposing the risk of pollution from hazardous materials should bear those costs involved, not the taxpayers of the community. The Mayor then noted that environmental pollution should also be precluded for any development within the TR District. Commissioner Anderson suggested that Michael Brand may wish to meet with the Commission on an informational basis. The Mayor asked that Commissioner Anderson and Commissioner Jordan write Mr. Brand a letter thanking him for his report and asking him to submit an oral presen- I tation to the Commission when possible. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission acknowledge receipt of the report submitted by Michael Brand concerning hazardous materials in the TR District development proposed by the Research and Development Institute. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Commissioner Vant Hull noted that at the April 29, 1985 meeting the Commission decided to pay up to $300.00 for the report, depending upon the quality of the report. She also noted three items were to be addressed; and she does not feel that two of those points were adequately addressed. She then indicated she feels the Commission should appropriate one-half of that amount for the report. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Com- mission appropriate the expenditure of $150.00 for the report as prepared by Michael Brand. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson and Commissioner Jordan; those voting No, none. Mayor Weaver abstained because he is Michael Brand's academic advisor. B rea k - 8: 05 to 8: lOp. m . Mayor Weaver declared a break from 8:05 p.m. to 8:10 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. I Commission Resolution No. 2560 - authorization to sign Agreement for Montana Cash Anticipation Financing Program Acting City Manager Barrick presented Commission Resolution No. 2560, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2560 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING PARTICIPATION IN THE MONTANA CASH AN- TICIPATION FINANCING PROGRAM. 07-08-85 27U Acting City Manager Barrick recommended that the Commission adopt Commission Reso- lution No. 2560, authorizing the City's participation in the Montana Cash Anticipation Financing Program. He noted that adoption of this Resolution does not commit the City to participate in the program. City Attorney Crumbaker-Smith stated the amount listed in the Agreement is the maxi- mum amount which the City can borrow. She noted the monies that could be borrowed would repay the General Fund for loans to the Water Fund and the Special Improvement District Re- I volving Fund, and would provide short-term liquidity, rather than increasing the City's debt. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2560, authorizing the City's participation in the Montana Cash Anticipation Financing Program. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. terms and covenants of the Cit for Acting City Manager Barrick presented Commission Resolution No. 2561, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2561 RESOLUTION RELATING TO $900,000 SPECIAL IMPROVEMENT DISTRICT NO. 647 BONDS; PRESCRIBING THE FORM AND TERMS AND THE COVENANTS OF THE CITY FOR THE PAYMENT THEREOF. Acting City Manager Barrick recommended that the Commission adopt Commission Reso- lution No. 2561, prescribing the form and terms and covenants of the City for payment of the bonds for Special Improvement District No. 647, which provides funding for construction of the realigned Highland Boulevard. City Attorney Crumbaker-Smith stated she noted a couple corrections in the Resolution and submitted those to the Commission to be incorporated in the adoption. I Commissioner Vant Hull questioned the need to sell $900,000.00 in bonds, particularly when the construction contract is under $650,000.00. The City Attorney reviewed the break- down of costs for the Special Improvement District. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission adopt Commission Resolution No. 2561, prescribing the form and terms and covenants of the City for payment of the bonds for Special Improvement District No. 647. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Com- missioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Consent Items Items." It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Consent Items as listed above be approved by the Commission, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. , Commission Resolution No. 2562 - authorizin loans from the SID Revolvin Fund to SI D No. 647 as neede Acting City Manager Barrick presented Commission Resolution No. 2562, as prepared by the City Attorney, entitled: ( 07-08-85 271 COMMISSION RESOLUTION NO. 2562 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO STATUTORY PROVISIONS, SETTING OUT THAT THE CITY COMMISSION UNDERTAKES AND AGREES TO ISSUE ORDERS ANNUALLY AUTHORIZING LOANS OR ADVANCES FROM THE REVOLVING . ACCOUNT TO THE EXTENT FUNDS ARE AVAILABLE AND TO PROVIDE FUNDS FOR SUCH REVOLVING FUND BY MAKING TAX LEVY AND LOANS AS THE COMMISSION DETERMI NES NECESSARY. I Acting City Manager Barrick recommended that the Commission adopt Commission Reso- lution No. 2562, authorizing loans from the Special Improvement District Revolving Fund to Special Improvement District No. 647, as requested by the bond counsel. City Attorney Crumbaker-Smith noted that any transfers would be for payment of inter- est only, not for retirement of any bonds unless they have matured. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Com- mission adopt Commission Resolution No. 2562, authorizing loans from the SI D Revolving Fund to SID No. 647 as needed. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commission Resolution No. 2563 - appointing Acting Director of Finance for SID No. 647 Acting City Manager Barrick presented Commission Resolution No. 2563, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2563 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPOINTING AN ACTING DIRECTOR OF FINANCE FOR THE PURPOSE OF COMPLETING THE PROCESS AND BOND REGISTRATION FOR SPECIAL IMPROVEMENT DISTRICT NO. 647. Acting City Manager Barrick recommended that the Commission adopt Commission Reso- lution No. 2563. I City Attorney Crumbaker-Smith stated the bond counsel has required that the Commis- sion adopt this Resolution, appointing an Acting Director of Finance for SID No. 647, since the City currently does not have an employee in that position. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2563, appointing City Manager Wysocki as the Acting Director of Finance for SID No. 647 until that position has been filled. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - method of appointment of members to advisory boards and commissions Acting City Manager Barrick stated that Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson noted the present Commission has tried to make the process of appointing members to the various advisory boards and commissions as open as possible, but a recent editorial in the Chronicle indicates that the straw vote process which has been imple- mented does not meet the Open Meeting Law, as determined by the attorney for the press in Helena. The Commissioner stated she feels if the Commission has a problem, with the appoint- ment process, it should seek a legal opinion from the City Attorney, to be submitted to the Commission within thirty days. Following a brief discussion, the Commission determined that the appointment process will be started by a show of hands for each applicant, from which the Mayor wi II make a recommenda- I tion for appointment. The Commission also determined that a legal opinion is not needed at this time. Discussion - proposed topics for League of Cities and Towns Convention to be held in September 1985 - Acting City Manager Barrick stated the Commission had requested this item be placed on the agenda for discussion. 07-08-85 272 Commissioner Mathre stated that Alec Hansen, Executive Director of the Montana League of Cities and Towns, has requested suggestions for topics to be discussed at the Annual Con- vention to be held in September. The Commissioner noted that a workshop on hazardous mater- ials was suggested at last week's meeting. The Commissioners suggested the following possible topics: (1) annexations, problems and concerns; (2) discussion on user fees for City services; (3) discussion on the amount of taxes which city residents pay to support county services without proper return; and (4) up- I date on cable television franchising. Commissioner Mathre indicated she will transmit those suggested topics to the League office. Sweet Pea Board of Di rectors re olicy on activities bein held in Acting City Manager Barrick stated Commissioner Vant Hull has drafted a letter to the Sweet Pea Board of Directors, for review by the Commission. The Commissioners reviewed the draft letter concerning policies on activities being held In conjunction with Sweet Pea and requirements for having booths in the park, and proposed some revisions. The Commission then concurred that Commissioner Vant Hull should send the revised letter to the Sweet Pea Board of Directors on behalf on the Bozeman City Commission. Discussion - goals and policies for the upcoming year The Commission concurred that action on this item should be deferred for one week. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission table action until next week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Mathre, Com- missioner Anderson and Mayor Weaver; those voting No, none. Application for Wine License - JBC, Inc., dba Charlie's - Calendar Year 1985 I Acting City Manager Barrick presented to the Commission, on behalf of JBC, Inc., doing business as Charlie1s, an application, along with the required fee, for a Wine License for the Calendar Year 1985. The Acting City Manager recommended that the Commission approve the application, contingent upon receipt of the State License. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission approve the application for a Wine License for JBC, Inc., dba Charlie's, for the Calendar Year 1985, contingent upon the receipt of the State License. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Appointment to Library Board of Trustees Mayor Weaver recommended that the Commission appoint Edna Berg to replace Max Hunke on the Library Board of Trustees, with a five-year term to expire on June 30, 1990. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission appoint Edna Berg to replace Max Hunke on the Library Board of Trustees, with a five- year term to expire on June 30, 1990. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Com- missioner Vant Hull and Mayor Weaver; those voting No, none. Appointment to Parking Commission Mayor Weaver noted no applications have been received; and the Parking Commission has I not yet submitted a recommendation. Action on this appointment was then deferred until the Parking Commission submits a recommendation. Appointment to Technical Advisory Committee Mayor Weaver recommended that the Commission appoint Kenneth R. Olson to replace Richard McConnen on the Technical Advisory Committee. 07-08-85 273 It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Com- mission appoint Kenneth R. Olson to replace Richard McConnen on the Technical Advisory Committee. The motion carried by the following Aye and No vote; those voting Aye being Com- missioner Jordan, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commission Vant Hull. I Discussion - FY I items Acting City Manager Barrick presented to the Commission the following IIFor Your I nfor- mation" items. (1 ) A memo concerning the revenues which would be generated by the proposed ceme- tery fees, and a comparison with the anticipated expenditures for operation of the Cemetery Division. Commissioner Vant Hull then submitted a memo to the Commissioners concerning the pro- posed fees and asked that the Commissioners receive comparative data for other cities. The Mayor noted more interest in data concerning the relationship between revenues and expendi- tures for Bozeman rather than data from other communities. (2) The agenda for the City-County Planning Board meeting to be held on Thursday, July 11,1985. (3) Mayor Weaver noted the City has received a color chart from which to choose the color for the 2-million-gallon water tank. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission select "dawn blue" as the color for the 2-million-gallon water storage tank. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Jordan, Commissioner Mathre and Commissioner Anderson; those voting No being Mayor Weaver. Adjournment - 9:00 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 07-08-85