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HomeMy WebLinkAbout1983-04-11 UOl MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA Apri I 11, 1983 ******************* The Commission of the City of Bozeman met in regular session in'the Commission Room, I Municipal Building, April 11,1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of April 4, 1983 were approved as submitted. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Anderson requested that authorization for the Mayor to sign the Architect's Contract with Corbin Ross for the house at the Water Filtra- tion Plant be removed for discussion. This was the time and place set for a decision on the Conditional Use Permit requested by Everett Egbert to allow a new building for construction-related business on Lot 6B of Bozeman I ndustrial Park (I ndustrial Drive). The proposed site is located on the east side of Industrial Drive, just north of Griffin Drive, and is located in an M-1-T District. City Manager Evans stated that the Planning Staff had recommended conditional approv- al, and the Zoning Commission had concurred. The City Manager then recommended that the Commission approve the application for the Conditional Use Permit, subject to the conditions I recommended by the Zoning Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Everett Egbert to allow a new building for construction-related business on Lot 6B, Bozeman I ndustrial Park (I ndustrial Drive), subject to the following conditions: 1- That the final site plans show all easements as recorded on the prop- erty. 2. That the project provide a total of 12 off-street parking spaces. Said spaces should be marked as required in Section 18.62.180. 3. That the final site plans contain a typical section of the paving to be installed illustrating depth of asphalt, subbase, etc. Paving, drainage and access plans must be reviewed and approved by the City Engineer prior to final site plan approval. 4. That the correct size of the site be so illustrated on the final site plan. 5. That if the dumpsters are to be kept on the exterior of the bui Iding, they will be screened as required in Section 18.62.120. 6. That the loading berth for the western-most unit and/or the drive area be relocated as to provide a 20-foot wide unobstructed area for ingress and egress to the parking facility. 7. That irrigation be provided for the landscaping and that its location be illustrated on the final site plan. I 8. That the location of any signs be illustrated on the final site plan. Signing shall be in compliance with Section 18.42.050 of the Zoning Ordinance. 9. That the fence along the eastern property line be repaired or replaced to achieve an attractive appearance and that the planting strip be re- planted, with grass. 10. That if occupancy of the structure is to occur prior to installation of the scheduled improvements, the developer shall enter into an improvements agreement with the City of Bozeman and that it be secured by a method of security equal to one and one-half (1 i) times the amount of the cost 04-11-83 002 . of the scheduled improvements and their installation. Detailed cost estimates, construction plans, phasing schedule and method of security shall be made part of that agreement. 1" That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approval 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 I the Building Division, one signed copy shall be retained by the Planning Director and one signed copy shall be retained by the appl icant. 12. All on-site improvements (i.e. paving, landscaping, etc.) shall be com- pleted within 18 months of approval of the Conditional Use Permit for each phase and as shown on the approved final site plan. 13. 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 applicant must satisfy all the conditions in the granting of the permit. An on-site inspection wi II be made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Ordinance No. 1128 - adding Sections 18.04.635, providing for the definition of water course and 18.50.220, providing for water course setbacks This with the time and place set for the second reading and final adoption of Ordinance No. 1128, as prepared by the City Attorney, entitled: . ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, BY ADDING SECTION 18.04.635, PROVIDING FOR THE DEFINITION OF WATER COURSE AND ADDING SECTION 18.50.220, PROVIDING FOR WATER COURSE SETBACKS. City Manager Evans noted that the Commission had held the first reading and provi- sional adoption of this Ordinance on March 28, 1983 and recommended that the Commission finally adopt Ordinance No.1 128. Commissioner Vant Hull noted that various people she has spoken with indicate that the flood plain regulations address the problems that this Ordinance addresses. They further indicated that the City must enforce the existing ordinances, as well as adopting new ordinances. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1128, adding Sections 18.04.635, providing for the definition of water course and 18.50.220, providing for water course setbacks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Appointment - Judicial Coordinating. Committee Mayor Stiff stated that Mr. Scully has indicated that he has one recommendation for appointment completed and is talking to various attorneys concerning a second recommendation. The Mayor requested that appointment of the Judicial Coordinating Committee be deferred for I a period of one week due to Mr. Scully's absence from this meeting, and to allow him time to complete his recommendations. Review of Ordinance No. 1117 - limiting number of electronic poker machines and tables per establishment City Manager Evans noted that this item was placed on the Commission agenda at Commissioner Weaver's request. 04~11-83 U03 Commissioner Weaver stated he had requested that this item be placed on the agenda in response to the Commission having concurred that the number of electronic poker IIDraw 8011 machines allowed per establ ishment be reviewed prior to July 1, 1983, when the current gambling licenses expire. The Commissioner noted that this item is simply to set the process of that review in motion. Commissioner Weaver then questioned whether a public hearing I would be required to change the ordinance. City Manager Evans stated that a public hearing is not mandatory, but he feels that it would be desirable. Commissioner Weaver also noted that the past year's experience of those people involved with the IIDraw 8011 poker machines might be helpful in the Commission's review of the number of electronic poker machines to be allowed per establishment. He agreed with the City Manager that a public hearing should be conducted. Commissioner Vant Hull indicated that she is satisfied with the ordinance in its present form. She does not feel that the ordinance should be changed at this time. Commissioner Mathre stated that she does not like gambling. She then questioned which is the lesser of two evils, more tables or more machines. Commissioner Weaver noted that the Commission made an implicit decision to review the number of electronic gaming devices per establishment when the current ordinance was adopted; and he feels that the Commission should conduct that review. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission reconsider Section 3.56.100, Issuance under Montana Card Games Act--Fees--Pay- ment, of Ordinance No. 1117, the Business License Ordinance, which limits the number of electronic poker machines to one machine per establishment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver t Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull. I Discussion - request from Recreation Board re Parkland Trust Fund City Manager Evans presented to the Commission a letter from the Recreation Board. The City Manager noted that this letter poses two questions, one requesting the current balance of the Parkland Trust Fund and one requesting an opportunity to provide input into the allocation of those funds. City Manager Evans stated that Director of Finance Swan has provided the Recreation Board with a copy of the accounting for the Parkland Trust Fund. He also noted that the interest earned by the Parkland Trust Fund stays with that fund. He further indicated that he has no problem with the Recreation Board submitting a recommenda- tion for allocation of the Parkland Trust Fund monies. City Manager Evans stated, however, that the Recreation Board is not advisory to the City Commission, but to the Administrative Board of Trustees, which is comprised of the City Manager, one of the County Commissioners and the Superintendent of Schools under the I nter- local Agreement. He feels that correspondence from the Recreation Board should be addressed to the Administrative Board of Trustees. He noted that the Recreation Board can submit its recommendation to the City Commission if the Commission requests the input. Mayor Stiff noted that the Commissioners are elected representatives of the community; and boards and commissions feel responsive to those elected representatives. He feels that if the Commission is to begin adhering to the provisions of the Interlocal Agreement, each Commissioner should receive a copy of all correspondence between the Recreation Board and the Administrative Board of Trustees. Mr. Mike Aune, Recreation Director, stated that he was representing Ms. Joanne Jen- I nings, Chairperson of the Recreation Board. He stated that the Recreation Board had ques- tioned the proper procedures to be followed at its last meeting; and he had been unable to answer those questions. He noted that Ms. Joanne Jennings has the accounting of the Park- land Trust Fund balance. He noted that the Recreation Board's question now is what body makes the final decision on the cash-in-lieu payments to the Parkland Trust Fund and how the monies are spent. He further stated that the Recreation Board has submitted a similar request to the County Commission. Commissioner Weaver noted that proper implementation of policy would provide that the Recreation Board and the Administrative Board of Trustees should provide recommendations to 04-11 -83 (01) the City Commission concerning appropriations from the Parkland Trust Fund for recreation purposes. City Manager Evans stated that the money in the Parkland Trust Fund belongs to the City; and the City Commission makes the final determination on the appropriation of monies. The Commission can ask for recommendations in its process of determining what allocations should be made; but the process should be conducted through the Administrative Board of I Trustees. The City Manager then stated that the Administrative Board of Trustees could discuss the process at its next meeting. Commissioner Weaver requested that a report be submitted to the Commission on the Administrative Board of Trustees' response and clarification of the process. Mr. Aune stated that the Recreation Board is not only concerned about where to submit their recommendations, but from what entities the Recreation Board should accept requests. He noted that requests are now submitted by several entities; and the Recreation Board is concerned about its role. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission request the Administrative Board of Trustees of the Bozeman - Gallatin County Recreation Board to explore the questions of communication and report to the Recreation Board and the City Commission on the resolving of the matter. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - City-County Planning Staff outline of proposed work and accompanying staff time and costs for Fiscal Year 1983-84 City Manager Evans presented to the Commission a memorandum from the City-County Planning Staff, outlining proposed work and accompanying staff time and costs for Fiscal Year 1983-84. City Manager Evans recommended that the Commission acknowledge receipt of this outline and defer action until the budget for Fiscal Year 1983-84 is considered. The City I Manager further noted that the Commission may wish to have the Planning Staff present a report in one or two weeks, after the Commissioners have an opportunity to review the out- line submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the outline of proposed work and accompanying staff time and costs submitted by the City-County Planning Staff and defer action until the budget for Fiscal Year 1983-84 is considered. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Confirmation of appointment - James Craig to the City-County Planning Board City Manager Evans noted that the City and County each appoint four members to the City-County Planning Board. Those members then select a ninth member, who is to be con- firmed by both the City Commission and the County Commission. Mr. James Craig was appointed to the City-County Planning Board in 1975, but no record of his confirmation can be found. The City Manager then recommended that the Commission confirm the appointment. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission confirm the appointment of Mr. James Craig to the City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Request - permission to establish Handicapped Parking Improvement Trust Fund City Manager Evans presented to the Commission a memorandum from the Director of Finance requesting permission to establish a Handicapped Parking Improvement Trust Fund. City Manager Evans recommended that the Commission grant permission to establish the re- quested fund. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Director of Finance to establish an account to be known 04-11-83 U05 as the Handicapped Parking Improvement Trust Fund for the purpose of accepting donations for handicapped parking improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Request for fire protection service outside of City - Bob Boie, Montana Container Corporation City Manager Evans presented to the Commission a request submitted by Mr. Robert N. Boie, President of Montana Container Corporation, for provision of fire protection service to a commercial building located outside city limits. The City Manager requested that the Commission defer action on the request for a period of one week to allow the staff time to review the request. He noted that if the Commission wishes a recommendation at this time, he will recommend denial. Commissioner Weaver noted that he had requested that this item be listed on the agenda. He further noted that the letter from Mr. Boie was received this morning, and there may be issues mentioned in the letter of which the staff is not aware. The Commissioner further noted that the Commission's: decision on fire protection will affect Mr. Boie's decision on purchase of the proposed site, which is located between the American Simmental Building and the United Parcel Service building on North Nineteenth Avenue extended, between Baxter Lane and I nter- state 90. Mr. Boie, President of Montana Container Corporation, stated that he must make a deci- sion shortly on whether to purchase the parcel of property, which is located in the Gardner Simmental Plaza. He has been told that fire protection was previously extended to the subject area, as he understood it, under the waiver of protest of annexation signed by some of the owners in that area several years ago. Mr. Boie stated that his company manufactures cardboard boxes, which are very flam- mable. Provision of City fire protection would decrease his insurance premiums and provide I peace of mind, because the site is located a long distance from any other fire department. Mr. Boie then stated that Montana Container Corporation has purchased land in Belgrade. However, it is economically advantageous to have the business located close to the consumer; and most of the employees live in Bozeman. Commissioner Weaver noted that the City must consider two critical areas when extend- ing fire protection beyond the city limits (1) the City's liability incurred if the vehicles are outside the city limits when a fire starts within the city limits and no equipment or manpower is available and (2) the spreading of limited resources even further. Commissioner Anderson asked if a policy exists on the extension of fire services. City Attorney Crumbaker-Smith stated that the ordinance on fire protection states that fire trucks may go outside city limits with the City Manager's permission. She stated that liability would be the same outside the city limits as inside the city limits if the City has agreed to provide fire protection. Commissioner Anderson then asked if any precedent has been set by the extension of fire services in the past. City Attorney Crumbaker-Smith stated that there is not. She also noted that the City must establish a policy. Also, any fee charged must be applicable. The City Attorney also stated that each request must be considered individually. City Manager Evans stated that the staff has previously reviewed the extension of fire services outside city limits. He stated that the staff was unable to find any signed agree- ments between the City and American Simmental or United Parcel Service. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that action on the request submitted by Mr. Robert N. Boie for fire protection to Montana Container Corporation at a proposed site in Gardner Simmental Plaza be deferred for a period of one week to allow the staff time to review the request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 04-11-83 GOG Ordinance No. 1129 - revising investigation fees for boilerroom operations and gambling licenses City Manager Evans presented Ordinance No. 1129, as prepared by the City Attorney, entitled: ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING I CHAPTER 3.12.190 OF THE BOZEMAN MUNICIPAL CODE AS FOUND IN ORDINANCE NO. 1123 PROVIDING FOR AN INVESTIGATION FEE WHEN APPLYING FOR A BUSINESS LICENSE FOR BOILERROOM OPERATIONS AND GAMING ESTABLISHMENTS. The City Manager noted that the current investigation fees have been previously dis- cussed by the Commission. The staff has reviewed the actual costs involved in the investiga- tion process and feel that the current $200.00 fee per person cannot be justified. The staff is therefore recommending that the investigation fee be reduced to $50.00 per person finan- cially involved in the business. City Manager Evans then recommended that the Commission provisionally adopt Ordinance No. 1129, revising investigation fees for boilerroom operations and gambling licenses, and that the Ordinance be brought back in two weeks for the second reading and final adoption. Mayor Stiff stated that he feels the boilerroom operations can create real problems. He feels that the investigation fee should be kept as high as possible to discourage those wishing to bring in such operations. Commissioner Weaver suggested that the business license fee be increased if the Com- mission wishes to minimize the number of boilerroom operations, rather than using the inves- tigation fee for such purposes. City Manager Evans cautioned the Commission that they cannot do anything that would conflict with interstate commerce rules. He stated that the licensing and policing of boiler- room operations could be considered as a separate issue. I Commissioner Weaver requested that the staff present to the Commission a report on the regulation of boilerroom operations at an early convenient date. It was moved by Commissioner Vant Hun, seconded by Commissioner Anderson, that the Commission provisionally adopt Ordinance No. 1129, revising the investigation fees for boi lerroom operations and gambli ng licenses. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Continued discussion - request for waiver of portion of investigation fee for Gambling License - Par-3 Supper Club and Lounge City Manager Evans stated that this request for a waiver of a portion of the investi- gation fee for Gambling License submitted by the Par-3 Supper Club and Lounge is indirectly tied to the item above. The City Manager then recommended that the Commission defer consider- ation of this request until Ordinance No. 1129 is finally adopted and becomes effective. The Commission concurred in the City Manager's recommendation to defer action until Ordinance No. 1129 becomes effective. Break - 5:00 to 5:05 p.m. Mayor Stiff declared a five-minute break at 5:00 p.m. to reconvene at 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1130 - amending Chapter 2.28 of the Bozeman Municipal Code to provide for I the office of City Judge City Manager presented to the Commission Ordinance No. 1130, as prepared by the City Attorney, entitled: 04-11-83 ~ UOl ORDINANCE NO. 1130 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 2.28 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR THE OFFICE OF CITY JUDGE. City Manager Evans noted that the current ordinance refers to a Municipal Judge, and I Bozeman has a City Judge. He further noted that the current ordinance stipulates that a Judge cannot serve successive terms, and that provision has been deleted in the proposed ordinance. City Attorney Crumbaker-Smith stated that the State Code does not limit the number of terms that a City Judge can serve. She stated that she had removed the provision in the new ordinance because she feels that such a provision might be illegal. City Manager Evans then recommended that the Commission provisionally adopt Ordinance No. 1130, amending Chapter 2.28 of the Bozeman Municipal Code to provide for the office of City Judge, and that the Ordinance be brought back in two weeks for the second reading and final adoption. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1130, providing for the office of City Judge. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 11 31 - repealing Chapter 2.24 of the Bozeman Municipal Code providing for Police Judge City Manager Evans presented to the Commission Ordinance No. 1131, entitled: ORDINANCE NO. 1131 AN ORDI NANCE OF THE CITY OF BOZEMAN, MONT ANA, REPEAU NG I CHAPTER 2.24 OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans stated that several years ago, changes were made in the lower court system. After the ordinance on Municipal Judge was adopted, the Bozeman Municipal Code Book reflected two sections, one entitled "Police Judge" and one entitled "Municipal Judge. " Ordinance No. 1130 would change the chapter entitled "Municipal Judge" to "City Judge;" and reference to the "Police Judge" must be repealed. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1131, repealing Chapter . 2.24 of the Bozeman Municipal Code, and that the Ordinance be brought back in two weeks for the second reading and final adoption. City Attorney Crumbaker-Smith noted that the Legislature changed the references in the State Code from "Police Judge" to "City Judge" several years ago. The ordinance that was adopted for "Municipal Judge" should have repealed the ordinance referring to a "Police Judge" but did not. This ordinance, coupled with the previous one, should coordinate the Bozeman Municipal Code with the State Code. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission provisionally adopt Ordinance No. 1131, repealing Chapter 2.24, entitled "Police Judge." of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Continued discussion - procedure for handling of Consent Items I City Manager Evans noted that the Commission had requested that this item be placed on the agenda for further discussion. Commissioner Anderson stated that she had distributed copies of information from the National League of Cities booklet concerning the handling of Consent Items in other Cities. She noted that in many instances, only one vote is made for all of the Consent Items, rather than individual motions. She also noted that a variety of items can be listed under Consent Items. City Attorney Crumbaker-Smith stated that resolutions, ordinances and contracts must be approved by a motion and vote. As long as a recorded motion and vote is made at the 04-11-83 , u08 end of the listing of Consent Items, it applies to each of the items and is considered a legal vote. Commissioner Vant Hull suggested that possibly certain items could be removed from the Commission agenda, such as raffle licenses and various division reports. Commissioner Anderson noted that the Commission could adopt a policy that would provide for the City Manager to approve or disapprove routine items. If an applicant wishes I to appeal the City Manager's decision, the matter could then be placed on the Commission agenda. Commissioner Weaver noted that action on monthly division reports allows the Commis- sion to exercise its oversight role. He feels that this oversight function should be main- tained. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt a policy, to become effective immediately, for approval of Consent Items by recorded vote of all items listed, reserving the right of any Commissioner to remove any item from the consent Items for separate consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion of FYI items for agenda City Manager Evans noted that this item was listed on the agenda at the request of the Commission. The Commission has indicated concern that certain items marked FYI should come to the Commission for action or the Commission should be notified of action taken. Mayor Stiff noted that this item should be a continuing item on the agenda for the next few weeks because several items should be discussed. One of the items for discussion would be the possibility of charging a connection fee for water and sewer services. Commissioner Vant Hull stated that the letter submitted by Mr. Frank Manseau concerning the park in Hyalite View Subdivision should be addressed. She also noted that I the Assistant City Manager's final determination on the Wallner Rest Home on Haggerty Lane should be an agenda item. The Commissioner also stated that determination of goals and evaluation of Commission employees should be placed on the agenda once again. Commissioner Anderson noted that the water tank in Graf's First Addition, Second Filing, should be discussed. She noted that the setting of goals ties into the budget pro- cess, which is upcomi ng in the near future. Also, the goals should be set before the em- ployee evaluation is done. Mayor Stiff then reviewed the items listed as follows: (1) connect fees; (2) Frank Manseau's letter concerning the park in Hyalite View Subdivision; (3) the Wallner Rest Home; and (4) the water tank in Graf's First Addition, Second Filing. Appointment - Low-Income Housing Committee Commissioner Anderson noted that she and Commissioner Vant Hull had once again reviewed the applications for the Low-I ncome Housing Committee; and they recommend that Mr. William A. Mumford be appointed to replace Mr. John Baker. She stated that Mr. David Matthews, who was discussed at last week's meeting, has indicated that he will be leaving in four months, but is willing to help the Committee in the meantime. Mr. Mumford is a CPA, and would provide financial expertise, which the Committee has requested. Mayor Stiff noted that Mr. Mumford is new to the community and does not reside within the city limits. He stated that these are not reasons for not appointing Mr. Mumford to the Committee, but they should be noted. I Commissioner Vant Hull stated that she and Commissioner Anderson had noted those facts, but they feel that he has good qualifications and experience. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Mr. William A. Mumford to the Low-Income Housing Committee to replace Mr. John Baker. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 04-11-83 UOq >- Appointment of subcommittee to review Pledged Securities as of March 31, 1983 It was moved by Commissioner Mathre, seconded by Commissioner Weaver t that Commis- sioner Weaver and Commissioner Mathre be appointed to the subcommittee to review the Pledged Securities for the period ending March 31, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commis- I sioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. items: - It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver t Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Executive Session at 5: 40 p. m. - litigation Mayor Stiff called an Executive Session of the Commission at 5:40 p.m., for the purpose of discussing the litigation and complaint on the Special Improvement Districts in Valley Unit Subdivision and requested that all persons except the Commissioners, City Manager Evans. Assistant City Manager Barrick, Director of Finance Swan, City Attorney Crumbaker-Smith, Attorney Bob Planalp and the Clerk leave the room. I Mayor Stiff declared the Executive Session of the Commission closed at 6:20 p.m. and reconvened the meeting. . Application for Liquor Catering License - Riverside Country Club for fund raiser at Museum of the Rockies - Apri I 15, 1983 City Manager Evans presented to the Commission an application for a Liquor Catering License, along with the required fee, on behalf of Riverside Country Club for a fund raiser to be held at Museum of the Rockies on Apri I 15. 1983. The City Manager noted that the Riverside Country Club has received a State Liquor Catering License for this event and rec- ommended that the Commission approve the application for a City Liquor Catering License. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Liquor Catering License on behalf of the River- side Country Club for a fund raiser to be held at the Museum of the Rockies on April 15, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained because of his close involvement with the Museum of the Rockies. Authorize Mayor to sign - Architect's Contract with Corbin Ross - for house at Water Filtra- tion Plant City Manager Evans presented to the Commission the Architect's Contract with Corbin I Ross for the house to be located at the Water Filtration Plant site. Commissioner Anderson stated that she had removed this item from the Consent Items to ask a few questions about language in the contract. She also noted concern that the con- tract should possibly be different if the house were of modular construction as opposed to being stick built. City Attorney Crumbaker-Smith answered her questions, noting that this contract is for architectural services only. The contract for the construction of the house wi II be forthcoming after the bids have been opened and awarded. 04-11-83 ulU Commissioner Vant Hull asked if the architect's contract includes supervision of the construction. City Attorney Crumbaker-Smith stated that the supervision of construction will be done in-house to keep the expenses as low as possible. Commissioner Vant Hull then noted that Mr. Ross has worked with Boise Cascade Homes in the past. She stated that if the bid for a Boise Cascade Home is the low bid, Mr. Ross I would be earning easy money and asked if there would be any way to lower his fee, which is currently set not to exceed $3,700.00. City Manager Evans stated that State Law requires that an architect be engaged for any governmental construction project; and the State Law further sets a standard fee. based on a percentage of the total cost of the building. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Architect1s Contract with Corbin Ross, in an amount not to exceed $3.]00.00, for the house to be constructed at the Water Fi Itration Plant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Legislative Update City Manager Evans stated that Alec Hansen called from the Montana League of Cities and Towns office at 2:10 p.m. Mr. Hansen stated that he had been notified at 2: 00 p. m. that the hearings on the Governor's Block Grant program and the bill for local option taxes are to be held at 7: 30 p. m. tonight. Commissioner Anderson stated appreciation that Senator Dorothy Eck alerted the Com- missioners to call their legislators concerning HB 16. The Commissioners then reviewed and revised the letter drafted by Commissioners Vant Hull and Anderson to all of the Representa- tives requesting support of HB 16. I Adjournment - 6:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 04-11-83