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HomeMy WebLinkAbout1984-01-16 JUl MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 16, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 16, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Interim City Manager Swan, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meetings of January 3, and 9, 1984, were approved as corrected. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5, 1983; and the special meetings of November 26, 1983; and December 23, 1983; was deferred until a later date. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Decision - Zone Code Amendment - amend Section 18.48.090 of the Bozeman Municipal Code, revising fee schedules This was the time and place set for the decision on the Zone Code Amendment to amend Section 18.48.090 of the Bozeman Municipal Code, revising the fee schedules for permits, zone map changes, variances and other procedures. Interim City Manager Swan stated the Zoning Commission has recommended approval of the proposed fee schedule as submitted and concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion approve the Zone Code Amendment to Section 18.48.090 of the Bozeman Municipal Code, revis- I ing the fee schedule; and direct the City Attorney to prepare an ordinance to be brought back to the Commission for action as soon as possible. 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. Request - permission to use City park ice skating rink for teaching MSU Community University classes I nterim City Manager Swan presented to the Commission a request submitted by Allan R. Trudel for permission to use a City park ice skating rink for teaching MSU Community University classes. She stated Director of Public Service (Works) Holmes and Acting Recreation Coordinator Shook have reviewed the request and both have submitted memos recommending that the request be denied. She noted the City provides ice skating lessons through the Recreation Department. She stated the City has a long-standing policy that park land is not be used for personal gain. The Interim City Manager then concurred in the staff recommendation that the request be denied. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request submitted by Allan R. Trudel for permission to use a City park ice skating rink for teaching MSU Community University classes. The motion carried by the following 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. Discussion - proposed power line north of City along Oak Street extended I Interim City Manager Swan presented to the Commission a report on the proposed Clyde Park-Dillon power transmission line. She also noted the Commission has received copies of a letter from the City-County Planning Board stating opposition to the proposed placement of the power transmission line along Oak Street extended. Interim Planning Director Mike Money stated this item was discussed by the Planning Board at its regular meeting. He stated on November 21, 1983 the Planning staff received a letter from the Department of Natural Resources and Conservation requesting that they review the proposal 01-16-84 002 and submit comments by December 1, 1983. He stated on December 7, the Planning staff submitted a response on those items it had been able to review, and indicated that Alternatives D and D1 would have impacts on the future growth of Bozeman. The Interim Planning Director stated that on January 11, 1984 the Planning staff received the report which has been submitted to the Com- mission. Mr. Money then stated that the City-County Planning Board has requested the Commission consider sending a letter stating opposition to construction of the power transmission line along I Oak Street extended to the Department of Natural Resources and Conservation prior to January 19, which is the date set for making a decision on the location of the line. The Interim Planning Director then presented to the Commission a draft letter for their consideration. Commissioner Anderson asked if any public hearings have been conducted on the proposed location of the transmission line. Mr. Pete Ault, representing the Baxter Lane Association, stated there are between thirty and forty residences along Baxter Lane that would be affected by a high power transmission line. He stated the residents in the area have indicated opposition to the location of the line along Baxter Lane at the three public hearings that have been held on this matter. Mr. Ault stated in 1977 a two-mile corridor was selected. He then noted that of all the possible locations for the line, Alternative D would affect the least number of people in the least number of ways. Mr. Roger Smith, 2305 Durston Road, stated the Baxter Lane Association has been well organized at the public hearings conducted by Montana Power and the DNRC. He then stated he has contacted twenty-seven people who would be affected by acceptance of Alternative D; and they wi II be represented at the meeting in Helena on January 19. Mr.. Smith then stated no soi Is analysis or profile has been completed in the area; and a portion of it is swampy. He also noted an all-weather road is necessary for maintenance of the line; and there is none along Alternative D. Mr. Smith then stated the City Commission must protect the future growth of Bozeman and feels a response should be submitted to the DNRC. Commissioner Jordan asked what would be the proposed use of the land immediately north I of the city. He stated if it has the potential of affecting the City, the City should submit a recommendation after accepting public input. Mayor Weaver noted the City has had no time to respond to the proposed route for the power transmission line. He also noted there are different interests in the community and the zoning area. The Mayor stated with no opportunity to receive pUblic input, he does not feel the Commission has a basis on which to act. He then asked if the Planning Board has held any public hearings. Interim Planning Director Money stated the Planning Board did not have sufficient time to conduct a public hearing. He then stated the DNRC contacted the Planning staff several months ago requesting information concerning the environmental impact, but they did not request any input on the various proposed routes until recently. He also stated he would like time for the Planning Board to review the proposals and submit a recommendation to the City Commission for review. The Interim Planning Director then stated other entities are also requesting that the DNRC delay a decision on the alternatives for the location of the power transmission line. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the Mayor to send a letter to the Department of Natural Resources and Conservation requesting a delay of not more than forty-five days on the rendering of a decision on the location of the Clyde Park-Dillon transmission line to allow the City-County Planning Board and City Commission an opportunity to review the proposal and submit a recommenda~ion to the DNRC. 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; I those voting No, none. Break - 4:40 to 4:50 p.m. Mayor Weaver declared a break at 4:40 p.m., to reconvene at 4:50 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - counter-proposal for realignment of Highland Boulevard Interim City Manager Swan presented to the Commission a draft counter-proposal which 01-16-84 J03 she had prepared from the minutes of the Commission meeting of December 27, 1983 and a summary of the staff recommendations on the various items listed in the proposal submitted by the Bozeman Deaconess Foundation. The Commissioners reviewed the draft counter-proposal and suggested revisions to some of the items as listed. I Commissioner Vant Hull asked if replacement of City property used for the right-of-way for the realignment of Highland Boulevard should be stipulated in the counter-proposal. Director of Public Service (Works) Holmes stated that stipulation should be included in Item No. 2 of the counter-proposal. Commissioner Anderson stated she feels Item Nos. 5 and 7 are in conflict with one another. Following a brief discussion, the Commission concurred that Item No.7 should be changed to re- flect that the City will not waive the lOR administrative fee and that Item No. 3 should be changed to reduce the City's portion of the SID costs by the $85,000.00 IDR administrative fee. Mayor Weaver stated the Commission must determine if the City is willing to accept its portion of the SID costs, based on a linear footage assessment. He also noted the Commission must decide whether the proposed improvements to Highland Boulevard will provide a benefit to the whole community and, if so, to what extent the City is willing to pay for those improvements. Commissioner Mathre noted the draft counter-proposal does not recognize any general bene- fit to the community; and she feels the street improvements wi II be a general benefit. Commissioner Jordan stated construction of a new hospital will draw people to the commu- nity, which will benefit the general economy in Bozeman. He noted concern that the City has limited financial resources and indicated the Foundation may be in a better financial position. The Commissioner then stated he feels the road improvements would benefit the City. Commissioner Anderson noted the possible default on SID payments by any entity has been raised but not addressed. Interim City Manager Swan stated the State Statute addresses default in payments; and I the City has adopted a Commission Resolution providing for acceleration of the outstanding balance. The Commission reviewed the revised counter-proposal. Mayor Weaver noted the counter- proposal is based on no City funds being used for the improvement of Highland Boulevard. The Commissioners concurred that is the type of counter-proposal they wish to submit at this time and indicated they would expect the Board of Directors of the Bozeman Deaconess Foundation to review this counter-proposal and submit a counter-counter-proposal. Commissioner Anderson expressed concern that no reference to the costs of relocating the trail for jogging and cross-country skiing has been made. Mayor Weaver suggested that Commissioner Anderson work with the Recreation Department on this item; and the Commission will consider incorporating it into the provisions for the re- location of Highland Boulevard during its next consideration of this item. Mr. Ed Dahlberg, Administrator of the Bozeman Deaconess Hospital, reviewed various points of the counter-proposal to be submitted to the Bozeman Deaconess Foundation and asked questions for clarification. He stated the Planning Board and Zoning Commission had recommended that approval of the Master Plan Amendment and requested Zone Map Change be contingent upon approval of adequate access to the site. He asked if that condition is still in effect. The Commission concurred the condition is still effective. He then asked what the Commission determines as adequate access. Mr. Dahlberg then stated the Master Plan and Transportation Plan indicate that Highland Boulevard is adequate to meet transportation needs until the year 2000. He then stated the re- location of the Hospital will not create any more traffic impact on Highland Boulevard than the I existing zoning for low- and medium-density residential development. Mr. Dahlberg then stated he feels the completion of improvements on Kagy Boulevard will increase the traffic on Highland Boulevard. Commissioner Jordan noted the Board of Directors of the Bozeman Deaconess Hospital has been working on relocation or remodeling of the existing hospital for several years. He noted the Foundation has submitted its "dream list;" and the City has just completed preparing its "dream list." He suggested that the Board of Directors of the Bozeman Deaconess Hospital review the counter-proposal and submit a counter-counter-proposal to the Commission that is somewhere in between. 01-16-84 004 Mr. Dahlberg then stated the Hospital has a specified amount of money for completion of the project. He stated any expenditures over that amount are non-reimbursable expenses to the Hospital. Mr. Dahlberg then stated any expenditures for road improvements over the amount already budgeted will cause a decrease in monies available for other portions of the project. Mr. Dahlberg then stated the Board of Directors of the Bozeman Deaconess Foundation is aware of the recreational uses of the Old Elks Country Club property. He stated the Foundation is trying to develop a site for recreational activities on a portion of their property. I It was moved by Commissioner Jordan, seconded by Commissioner Mathre. that the Commission approve the following counter-proposal and forward said document to the Bozeman Deaconess Founda- tion for their review and action: Counter-Proposal to Bozeman Deaconess Foundation for Relocation of Highland Boulevard The Bozeman City Commission hereby offers the following counter-proposal to the Bozeman Deaconess Foundation for the relocation of Highland Boulevard: 1. Bozeman Deaconess Foundation will dedicate to the City right-of-way suf- ficient for eventual expansion of the proposed, realigned Highland Boule- vard, from a two-lane street to a four-lane arterial. Bozeman Deaconess Foundation's approximate dedication for this total project would be 7.57 acres. 2. The City of Bozeman will dedicate sufficient right-of-way through City- owned property for the eventual expansion of the proposed, realigned Highland Boulevard, from a two-lane street to a four-lane arterial. The City's approximate dedication for this total project would be 3.90 acres. The Foundation will provide replacement land on an acre-for-acre basis for the City-owned cemetery/park land which will be used for right-of-way in the proposed realignment. The amount of replacement land will be the difference between the right-of-way for the existing road and the right- of-way required for the proposed realignment and expansion. 3. The Bozeman Deaconess Foundation will pay the City's share of the pro- posed Special Improvement District, as well as the Foundation's share, based upon linear frontage assessment of total cost of construction. I The City's estimated portion of SID construction costs, based upon a linear frontage assessment, is $193,446. I f the Foundation pays the $85,000 . Industrial Development Revenue Bond administrative fee, the amount to be paid for SID construction costs will be $108,446. 4. The City of Bozeman cannot waive the following fees and charges if the Bozeman Deaconess Foundation chooses to pay their proportionate share of assessments over the period designated in the Resolution of Intent to Create the district: 3% General Fund administrative charge (Comm ission Resolution No. 2429) $19,800 3% Revolving Fund transfer (Commission Resolution No. 2429) 19,800 5% Revolving Fund allocation from bond proceeds (Commission Resolution No. 2356) 33,000 Establishment of cash escrow account required of limited landowner (Commission Resolution No. 2441) 54,450 5. The City emphasizes its intent that all existing ordinances and resolutions a re to rema i n effect i ve . 6. The City will agree to payment of $70,000 for restoration of lagoon sites on Bozeman Deaconess Foundation property in lieu of restoration of those sites. This payment will be made before final assessment for the project. In turn, the Bozeman Deaconess Foundation will utilize the $70,000 for payment of a I portion of their share of the SID. 7. The City of Bozeman will not waive the Industrial Development Bond administrative charge (Commission Resolution No. 2406) of $85,000 for a $17 million bond issue. 8. The basis for apportioning the SID construction costs shall be the linear frontage method of assessment. The City's apportioned share shall be assumed by the Bozeman Deaconess Foundation. 01-16-84 OJ5 9. The Bozeman Deaconess Foundation wi II provide a borrow source, for construction of the roadway embankments, in the amount of approximately 20,000 CY. The borrow site will be located on Bozeman Deaconess Foundation property within one mile of the construction area. This con- tribution by the Foundation has been estimated to be in the amount of $50,000. 10. The City of Bozeman emphasizes that it is not the City's intent to change I the Federal Aid Urban priorities as currently listed. 11. The proposed realignment of Highland Boulevard must be designed to minimize snow drifting problems. 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. Mayor Weaver requested that Commissioner Mathre and Commissioner Anderson review the counter-proposal before it is forwarded to the Board of Directors of the Bozeman Deaconess Foundation. Recess - 6:00 p.m. Mayor Weaver decla red a recess at 6: 00 p. m., to reconvene at 7: 00 p. m., for the pu rpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings arid completing the routine business items. Public hearing - Commission Resolution No. 2491 - intent to create SID No. 645 - sewer line along Kagy Boulevard to serve Grafls Second Subdivision This was the time and place set for the public hearing on Commission Resolution No. 2491, I entitled: COMMISSION RESOLUTION NO. 2491 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 645 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND APPURTENANCES TO SERVE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES, AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, FROM A POINT APPROXIMATELY 125 FEET WEST OF SOURDOUGH CREEK TO THE INTERSECTION OF KAGY BOULEVARD AND SOURDOUGH ROAD, TO SERVE PROPERTY LOCATED WITHIN GRAF'S SECOND SUBDIVISION AND OTHER PROPERTY EAST OF SOURDOUGH ROAD. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. Mayor Weaver opened the publ ic hearing. Interim City Manager Swan stated the Commission acknowledged receipt of a petition signed by all property owners in Graf's Second Subdivision for creation of a Special Improvement District on November 14, 1983 for construction and installation of a sanitary sewer trunk line along Kagy Boulevard. Ms. Jessie Wilber and Ms. Frances Senska, 2125 Sourdough Road, stated their property is at the southwest corner of Kagy Boulevard and Sourdough Road. They indicated they would like I to be connected to the sewer line under consideration. They also stated their property is not within the city limits but is adjacent to the city limits. Interim City Manager Swan suggested that Ms. Wilber and Ms. Senska write a letter to the City requesting that their property be connected to the sewer line. Mr. Gene Graf stated all of the property owners in Grafts Second Subdivision have signed the petition for installation of the sanitary sewer line. He also noted this line is being installed during the construction of Kagy Boulevard as a part of the State project. Mr. Graf also stated he has guaranteed the payment of the cost of the sewer line through a Letter of Credit. 01-16-84 006 No one was present to speak in opposition to the creation of Special Improvement District No. 645, for the construction and installation of a sanitary sewer line to Graf's Second Sub- division. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearin8 - Zone Code Amendment - revise Chapter 18.42 of the Bozeman Municipal Code re I Transitional istricts This was the time and place set for the public hearing on the Zone Code Amendment to revise Chapter 18.42 of the Bozeman Municipal Code, providing for Transitional Districts. Mayor Weaver opened the public hearing. Interim Planning Director Mike Money stated the Planning Staff is preparing revisions to the overlay districts, including the transitional districts and the urban overlay district. He stated the Planning Staff has prepared this Zone Code Amendment; and the Zoning Commission has indicated it would like to consider the transitional districts as a part of the overlay districts rather than separately. The Interim Planning Director then stated the Zoning Commission continued the public hearing on this item and recommended that the City Commission also continue the public hearing until the Zoning Commission submits a recommendation. He indicated the length of time on this Zone Code Amendment will probably be extended, so the Planning Staff will re-advertise this item before it is placed back on the Zoning Commission and City Commission agendas. Mayor Weaver continued the public hearing until such time as a recommendation is received from the Zoning Commission. Public hearing - Zone Code Amendment - amend Ordinance No. 1128 to provide that five feet of required thirty-five foot setback from streams be left in natural vegetative state This was the time and place set for the public hearing on the Zone Code Amendment to amend Ordinance No. 1128, to provide that five feet of the required thirty-five foot setback from stream banks be left in a natural vegetative state. I Mayor Weaver opened the public hearing. Interim Planning Director Mike Money presented the Staff Report. He stated the Zoning Commission considered this Zone Code Amendment and recommended approval. The Interim Planning Director stated this requested Zone Code Amendment is the result of enforcement problems on Ordinance No. 1128, which requires a thirty-five foot setback from stream banks. He indicated that setback has helped curtai I construction activity along the stream banks, but the fisheries experts have indicated that the fish need natural vegetation to remain in the streams within the city limits. Commissioner Mathre asked how this Zone Code Amendment will affect residential areas which have been developed along the stream banks. The Interim Planning Director stated this Zone Code Amendment will not affect any resi- dential development which is in progress or completed. He then stated the Planning Staff does not advocate that the five-foot strip be a noxious weed area, but that natural grasses and bushes, such as junipers and rose bushes, be encouraged in that strip. Commissioner Jordan stated he feels a one-page educational brochure would be helpful to those residents along the stream banks. Mr. Money stated a class at the University has expressed interest in developing a public education brochure that would address guidelines in several areas, such as stream banks, parking lots and front yard requirements. Mr. Jerry Wells, Regional Fisheries Manager, stated he supports the proposed Zone Code Amendment. He stated the thirty-five foot setback requirement has helped, but he feels the five-foot natural vegetative strip will help to maintain a good wild trout population in the stream I within the city limits. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Discussion - removal of State Highway designation from Main Street; designation of alternate truck route I nterim City Manager Swan stated the Commission had reviewed this letter and requested that the Chamber of Commerce and Downtown Business Association be contacted for their input. 01-16-84 JOT She stated these two organizations have been contacted and requested to submit answers by January 9, 1984. As of this date, no information has been received. Mayor Weaver noted the Commission's original concern was having interstate trucks use Main Street rather than going around the city. He stated if an alternate truck route were desig- nated, the trucks would use it rather than Main Street. I Assistant City Manager Barrick stated designation of an alternate truck route would not eliminate trucks on Main Street but would provide them with a suggested route on which to travel. The Commission then concurred that the Technical Advisory Committee should review the possible designation of a truck route and submit a recommendation to the City Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission submit a request to the Technical Advisory Committee that the designation of an alter- nate truck route around Bozeman be placed on their agenda and that a recommendation be submitted to the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - draft of letter to City-County Planning Board re hiring of Planning Director Interim City Manager Swan presented to the Commission a draft of a letter addressed to the City-County Planning Board regarding the hiring of a Planning Director, as prepared by Commissioner Vant Hull. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the letter as drafted and direct the Clerk of the Commission to prepare the letter for all Commissioners to sign. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Mathre. I Discussion re possible ordinance for hazardous and toxic wastes Interim City Manager Swan stated Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson indicated that she has been in touch with people in Helena and Washington, D. C., to obtain materials helpfUl to addressing concerns about transportation of hazardous wastes through Bozeman. The Commissioner stated she feels three separate issues are involved in this item: (1) transportation of hazardous and toxic wastes through the community, including flammable materials, and identification of chemicals of concern; (2) oils from motor vehicles not being barrelled for disposal; and (3) dumping of hazardous and toxic wastes at the landfill . Commissioner Anderson then stated a willingness to work with City Attorney Crumbaker- Smith in preparing a proposed ordinance after she has received desired materials. Discussion - goal setting process Commissioner Mathre stated she had prepared a draft outline schedule which covers a six- week period. She suggested that the Commission review this outline and that this item be placed on next week's agenda for discussion. She also stated she would draft a letter to the civic groups, to be placed in Friday's packet for review and discussion at next week's meeting also. Repurchase Agreement Interim City Manager Swan presented to the Commission a memo on the renewal of the Re- purchase Agreement for the period January 18, 1984 through January 18, 1985. She stated she I has received proposals from Montana Bank, First Bank and First Security Bank, all of Bozeman, as follows: Interest Rate Montana Bank First Bank First Security Fixed Rate None 7.00% per annum, com- None pounded monthly Variable Rate 1 % above the 91-day 1 . 15% below most recent .75% below most recent Treasury bill auc- 91-day Treasury bill auction of U. S. Gov't tion, adjusted auction, adjusted bi lis, adjusted monthly monthly weekly 01-16-84 008 The Interim City Manager stated the variable rate option submitted by Montana Bank is the highest interest rate submitted and recommended that the Commission award the Repurchase Agreement to the Montana Bank of Bozeman. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission award the Repurchase Agreement for the period January 18, 1984 through January 18, 1985 to Montana Bank at the variable rate of 1 percent above the 91-day Treasury bill I auction, adjusted monthly. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan a nd Mayor Weaver; those voti ng No, none. Application for Gambling License - Scoop Bar - one keno machine - through June 30, 1984 Interim City Manager Swan presented to the Commission an application, along with the required fee, submitted by the Scoop Bar for a Gambling License for one keno machine for the period through June 30, 1984. The Interim City Manager recommended that the Commission approve the appl ication. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application submitted by the Scoop Bar for a Gambling License for one keno machine for the period ending June 30, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. B rea k - 8: 1 0 to 8: 20 p. m . Mayor Weaver declared a break at 8:10 p.m., to reconvene at 8:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1149 - amendin Sections 18.54.135 and 18.62.190, Bozeman Municipal Code - revising 0 -street parking requirements or con omlniums and town ouses Interim City Manager Swan presented Ordinance No. 1149, as prepared by the City Attorney, I entitled: ORDINANCE NO. 1149 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADDING SECTION 18.54.135 AND AMENDING SECTION 18.62.190 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR A REVISION TO THE OFF-STREET PARKING REQUIREMENTS FOR TOWNHOUSES AND CONDOMINIUMS IN THE CITY OF BOZEMAN, MONTANA. The I nterim City Manager stated the Commission had conducted a public hearing and and approved this Zone Code Amendment in January 1983. She recommended that the Commission pro- visionally adopt Ordinance No. 1149 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion provisionally adopt Ordinance No. 1149, revising off-street parking requirements for condo- miniums and townhouses 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 Commissioner Anderson, Com- missioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Commission Resolution No. 2492 - authorizing Mayor Weaver to sign EPA documents Interim City Manager Swan presented Commission Resolution No. 2492, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2492 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DESIGNATING KENNETH L. WEAVER, MAYOR OF THE CITY OF BOZEMAN, AS OFFICIAL SIGNATOR ON BEHALF OF THE CITY OF BOZEMAN ON ALL NECESSARY AND PROPER DOCUMENTS TO BE FILED WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. The Interim City Manager stated the EPA requires that a Commission Resolution be adopted each time the official signator for the City changes. She then recommended that the Commission 01-16-84 J09 adopt Commission Resolution No. 2492, designating Mayor Weaver as the official signator. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2492, designating Mayor Weaver as the official signator for the City of Bozeman for all EPA documents. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commis- I sioner Anderson and Mayor Weaver; those voting No, none. I nformation item - for Februar 6, 1984 on Federal Revenue Sharin Fund mOnies see Interim City Manager Swan stated the City has received its first Federal Revenue Sharing Fund payment under the recently re-enacted program. She noted this payment was in the amount of $75,403.00, which is less than the payments of $87,973.00 which the City had been receiving and had been anticipated in preparing Schedule 8 of the Capital Improvement Program. She stated she has contacted the Revenue Sharing office but has received no answer on the reason for the decrease in payments. The I nterim City Manager then stated the staff will prepare a Tentative Capital Improve- ment Program Appropriation Ordinance, based on Schedule 8 of the CI P, for possible adoption by the Commission at next week's meeting. She also recommended that the Commission consider setting February 6, 1984 as the public hearing date on the Tentative CIP Appropriation Ordinance. Appointments to Senior Citizen Advisory Council Interim City Manager Swan stated the Senior Citizen Advisory Council has submitted its recommendations for appointments to the Council. She then recommended that the Commission appoint the members as recommended by the Council. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion appoint the following to the Senior Citizen Advisory Council: I 2-year terms to expire December 31, 1985: Sen ior Center John Bower Berl Hamilton (Alternate) GCCA Marie Gambill Genevieve Christie (Alternate) AARP Carl Wall Lillian Godward (Alternate) MSCA George Puhach Retired Teachers Ev Keyes V. A. Cooper (Alternate) At Large Lin Hoag John Mandeville (Alternate) Replacements for existing 2-year terms to expire December 31, 1984: Senior Center Pershing Vance to replace John Bower RSVP Florence Abbey to replace Harvey Kinch 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. Appointment of subcommittee to review Pledged Securities as of December 31, 1983 Interim City Manager Swan stated the Commission must appoint a subcommittee to review the Pledged Securities as of December 31, 1983. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission appoint Commissioner Anderson and Commissioner Jordan to the subcommittee to I review the Pledged Securities as of December 31, 1983. 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 - FYI items Commissioner Vant Hull stated she feels the City should have input into the function of the Urban Coalition since it has appropriated monies to support the organization. Commissioner Mathre indicated she plans to attend the meeting. 01-16-84 010 Interim City Manager Swan stated the City has not appropriated any monies to the Urban Coalition during this fiscal year. She then stated she will submit a report to the Commission on the Urban Coalition meeting at next week's Commission meeting. Amendment No. 1 to Contract Documents for Pro'ect Group III, Schedule II, Water Treatment Plant mprovements Interim City Manager Swan submitted to the Commission the Amendment No. 1 to Project I Group III, Schedule II of the Water Treatment Plant Improvements. She stated this Amendment will provide a time extension through March 31, 1984 for Edsall Construction Company, Inc. The Interim City Manager stated she had held a meeting with both prime contractors for the Water Treatment Plant, Palmer/Duncan and Edsall Construction; and submitted the same offer to both companies. She stated Edsall Construction has submitted the signed Amendment for consideration by the Commission. Interim City Manager Swan then recommended that the Commission approve the Amendment and authorize the Mayor to sign. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the Mayor to sign Amendment No. 1 to the Contract Documents for Project Group III, Schedule II, Water Treatment Plant Improvements, providing a time extension through March 31, 1984 for Edsall Construction Company, Inc., Bozeman, Montana. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Anderson, Commis- sioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Consent Items Interim City Manager Swan presented to the Commission the following items. Request - permission to hang banner across Main Street - January 22 through 29, 1984 - Arnold Ai r Societn: Authorize Call for Bids for boom truck (as isted in Section 1 of the CIP Ordinance I Authorize Ma or to sign haring - to Authorize ayor to si~n - P in amount by 83,691.00 Authorize Mayor to sign - Request for Reimbursement from EPA - sewer line - $6,106.00 (final payment) Proclamation - "Jaycee Week" - January 15-21, 1984 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the items as listed above be approved, and that the Commission 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 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Adjournment - 8:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Jordan, that the meeting be adjourned. The ., motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 01-16-84