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HomeMy WebLinkAbout1983-06-06 103 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 6, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, June 6, 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 Weaver. Action on the minutes of the regular meetings of May 16, 1983 and May 31, 1983 was deferred for one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - janitorial services for period July 1, 1983 through June 30, 1984 This was the time and place set for the opening of the joint bids for janitorial services for the period July 1, 1983 through June 30, 1984 for specified City and County buildings. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the joint bids for janitorial services for the period July 1, 1983 through June 30, 1984 for spec- ified City and County buildings be opened and read. 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. The following bids were then opened and read: I Spic-an-Span / Davis Maintenance Guardian Bldg. Kept Swept Bldg. Bozeman, Montana Bozeman, Montana Bozeman, Montana County Courthouse $15,840.00 $28,996.00 $14,968.00 Law and Justice Center 19,440.00 24,127.00 16,118.00 City Hall 5,580.00 4,582.00 7,484.20 Police/Fire Building 3,840.00 2,607.00 4,158.00 Library 8,820.00 8,276.00 9, 1 03 . 00 Carnegie Building 2,220.00 3,106.00 7 , 177 . 00 Subtotal - County $35,280.00 $53,123.00 $31,086.00 Subtotal - City $20,460.00 $18,571.00 $27,922.20 Total base bid $55,740.00 $71,694.00 $59,008.20 Alternate No. 1 County $ $ 3,058.00 - - City $ $ 2,451.00 - - Alternate No. 2 County $ 5,100.00 $5,577.00 - - Commissioner Vant Hull indicated concern that the joint bidding may have caused an increase in the amount paid for janitorial services. She requested that this possible increase be considered by the staff when reviewing the bids, with the possibility of rebidding the janitorial services separately if the bids appear much higher than the current contract. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I bids be referred to staff for review and a recommendation to be submitted for consideration at next week's meeting. 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. Public comment - Commission Resolution No. 2455 - intent to vacate alle~ west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of the Nort Seventh Addition This was the time and place set to take public comment on Commission Resolution No. 2455, as prepared by the City Attorney, entitled: 06-06-83 101+ COMMISSION RESOLUTION NO. 2455 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE ALLEY IN TRACT 1 OF THE NORTH SEVENTH ADDITION IN THE CITY OF BOZEMAN, MONTANA. City Manager Evans noted that a public hearing had been held on this request for vacation at the regular meeting of May 16, 1983. However, he stated, the process was flawed I because the Resolution stating the intent to vacate said alley had not been adopted. The City Manager recommended that the Commission hear and consider any public comment at this time. Mr. Fred Ypma, 706 North Seventh Avenue, stated that he owns three 60-foot lots along North Seventh Avenue, and the subject alley adjoins his property. Mr. Ypma stated he rarely uses the alley, but he objects to the vacation because if his property is sold for a commercial use, they may wish to use the alley to reach the back of the property. Mr. Gene Cook, petitioner for the alley vacation, showed the Commission two pictures of the area and a rough sketch showing where the alley is located and which properties would be affected. He noted that the subject alley abuts forty feet of Mr. Ypma's property before making a 900 corner and running to North Fifth Avenue. Mr. Cook also stated that the shorter portion of the alley, which runs from Mr. Ypma1s property to West Aspen Street, was pre- viously vacated by Ordinance No. 936. The portion of the alley being considered in this vacation request has been platted but has not been improved. Mr. Ypma had left the Commission Room; and the Commissioners were concerned that he did not properly understand which alley is being considered for vacation. City Manager Evans indicated that the petitioners should be responsible for contacting Mr. Ypma. He indicated that the City Staff is conveying a request to the Commission, but are not advocates of that request. The Commissioners requested that Mr. Ypma be brought back later in the meeting or next week for further explanation prior to making a decision on the requested alley vacation. for waste disposal for new Bozeman- I City Manager Evans presented to the Commission a request for funding submitted by Ms. Bonnie K. Moore, Graduate Student, and Steve G. Custer, Professor of Geology, at Montana State University, for a study to evaluate land suitability for waste disposal for a new Bozeman- Gallatin County landfill. The City Manager stated he feels the study is premature. He noted that the City and County have not yet resolved the matter of a County Refuse District. He stated the City should not expend monies for study of a joint landfill when the County has already rejected the request. City Manager Evans noted that the concept of the study is sound, but it does not fit into the scheme of City matters at this time. Ms. Bonnie Moore, Graduate Student in Geology, stated that the proposal is not prema- ture. She stated that the present landfill has a projected life span of ten more years. The landfill is currently being monitored, and if ground contamination is found, that life span could be shortened considerably. Ms. Moore stated that it takes five years to certify a new landfill. She stated that the study wi II take approximately one year, which would provide a maximum of four years to find and acquire a landfill site. Commissioner Weaver stated that the question that must be answered first is who will provide the landfill. If Gallatin County provides the landfill, the City will not be involved in the decision-making process on where to locate the landfill. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission defer action on the request submitted by Ms. Bonnie K. Moore and Steve G. Custer, I Geology Department at Montana State University, for funding of a study to evaluate land suit- ability for waste disposal for a new Bozeman-Gallatin County landfill. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Anderson. Continued discussion - Parking Commission recommendation re Commission Resolution No. 2061 City Manager Evans stated that the City Attorney1s memo, which had been submitted to 06-06-83 105 the Commission prior to last week's meeting, indicates a concern that if partial payment is accepted for cash-in-I ieu of parking spaces, other fees may be opened to partial payment. The City Manager further noted that under the Dillon Rule, unless the Montana Code Annotated specifically authorizes a City with general government powers to do something, it cannot be done. City Manager Evans then recommended that the Commission not establish a plan to I accept partial payments. Commissioner Vant Hull stated that her memo to the Commission cites Section 18.62.100 (B) (3) of the Bozeman Municipal Code, which authorizes the Parking Commission to consider requests for cash-in-lieu payments and furnish a copy of the written and dated certificate to the Building Inspector prior to issuance of a building permit. She stated that this section of the Code removes the establishment of a payment schedule from the City Commission. City Manager Evans stated support of his recommendation to require full payment because (1) the City is not a bank and (2) the City must follow the Dillon Rule. City Attorney Crumbaker-Smith stated that the State Statute does not specifically deal with acceptance of partial payments. She noted that the better practice would be to not accept partial payments. She stated that the City Commission may accept recommendations from the Parking Commission. Further, the Commission can adopt a Resolution authorizing partial payments for cash-in-Iieu of parking spaces. Commissioner Weaver noted that the purpose of the cash-in-Iieu of parking spaces is to encourage development of businesses in the downtown area. Requiring full payment of cash-in- lieu monies discourages that development and defeats the purpose of the program. Commissioner Anderson stated that many of the downtown businessmen support a ten-year payment plan for cash-in-lieu of parking spaces. She noted that for a new business, the cost of this program can be formidable. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission direct the City Staff to draft a Commission Resolution permitting deferred payment I of cash-in-Iieu payments for parking stalls, to include a payment schedule of one year per stall and providing that issuance of a Business License be contingent upon the currency of payments of the cash-in-lieu parking assessment. 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. Staff report - deferral of annexations for a one-year period City Manager Evans stated that the possible deferral of annexations for a one~year period was initially considered by the Commission at its meeting held on May 9, 1983. The Commission has received memos from eight staff members concerning this proposed deferral. These memos indicate that eight factors should be reviewed when considering annexation of a parcel of property: (1) water; (2) streets and roads; (3) storm drainage; (4) sanitary sewer; (5) solid waste; (6) parks; (7) police protection; and (8) fire protection. He noted that water is of prime importance. City Manager Evans stated that the Commission has also been provided with an update on the status of the application for DNRC monies for the Mystic Lake Dam, the litigation on the Lichtenberg water rights and the application for additional water rights in Hyalite Reservoir. The City Manager noted that the City staff is not proposing a ban on annexation and is not anti-growth. However, a deferral would allow the staff time to have studies prepared and a policy developed that would enhance educated decisions on future annexation requests. Assistant Planner Mike Money presented a slide show prepared by Oregon State Universi- I ty concerning points that the City should consider when reviewing proposed annexations. The slide presentation listed several factors that should be reviewed when considering proposed annexations. It also compared the revenues from a newly annexed area that is being developed to the cost of services being provided to the area. Those comparisons indicated that usually, the cost of services exceeds the revenues realized from a new annexation. B rea k - 5: 1 0 to 5: 1 5 p. m . Mayor Stiff declared a five-minute break at 5:10 p.m., to reconvene at 5:15 p.m., in 06-06-83 lUG accordance with Commission policy established at their regular meeting of March 14, 1983. Staff report (continued) - deferral of annexations for a one-year period City Manager Evans stated that all of the staff members who had submitted a memo on the proposed deferral were present to answer any questions. The Commission considered first the memo from Assistant City Manager/Director of Public I Safety Don Barrick. Mayor Stiff asked about developing a formula for impact fees. He also asked if the charging of impact fees would help eliminate some of the problems inherent in annexation. Assistant City Manager Barrick stated that development of an impact fee schedule and possibly a connect fee will take time. Mayor Stiff stated that he shares the staff1s concerns. However, he feels that a moratorium implies that the City is not addressing its growth problems. He noted that (1) impact fees, (2) connect fees, (3) transportation and (4) water are the major problems to be addressed. He indicated that the Capital Improvement Program should help to put these problems into perspective. The Assistant City Manager stated that the City should take time to look at the pro- blems. However, he stated that all staff members have a heavy workload and little time to devote to developing proposals for annexation at this time. Commissioner Weaver stated that two different issues are involved: (1) does the City need to utilize professional consultants to provide expertise to develop a model to be applied to development issues and (2) how that bears on the decision to impose a pause in annexations. He noted that growth will occur, whether annexations are deferred or not. He noted that if that growth occurs outside the city limits, the City will incur costs of providing services without any increased revenues. The Commissioner concurred that a study is necessary. Commissioner Vant Hull noted that the staff has a heavy workload, but she does not feel that a deferral would automatically provide the extra time needed to develop a model for I annexation requests. City Manager Evans stated that the City incurs a liability with each annexation. He further stated that money is a critical issue in the City at this time. When an annexation is approved, it places more load on the City services. The City Manager further indicated that there are differences in the Oregon State Statutes and the Montana State Statutes that must be considered when reviewing the points mentioned in the slide presentation. The City Manager also stated that hiring of consultants should be considered. He stated that each staff member has a primary responsibility; and that does not include staff studies. He noted that management of activities is the Number One priority in the City. Commissioner Vant Hull noted that all staff memos mention reasons for deferral of annexations. She indicated there are also several reasons for not deferring annexations. City Manager Evans stated that the staff is responsible for submitting items of concern to the Commission, not for addressing both sides of the issue prior to submitting the matter to the Commission. Mayor Stiff asked what position the Commission would be in if a one-year deferral is approved and an entity like the Hospital requests annexation. He further stated that he does not want to thwart growth and expressed concern that areas near the city be developed in such a manner that City services could be provided at some time in the future if those areas were annexed. Commissioner Weaver stated that whether or not a sophisticated model is in place does not eliminate the necessity to make a decision on each and every annexation proposal. I Commissioner Mathre stated that the assumption has been that all development would occur outside the city limits unless annexations are considered. She stated there are several vacant lots located within the city limits at the present time. The major issue to consider is whether or not the City can provide the necessary services to the proposed annexations. The second memo considered by the Commission was submitted by Director of Public Service (Works) Dick Holmes. 06-06-83 I U." ~ { Mayor Stiff noted that the State Statutes allow the City to increase water and sewer charges up to 12 percent per year without appearing before the Public Service Commission, if the increased revenues are necessary for operation. He asked whether the City Commission should be considering an increase in the charges to help avoid potential problems. Director of Public Service (Works) Holmes stated that the Capital Improvement Program I will indicate what the City must consider. He noted that the monies from an increased rate could be used for improvements to the system. Commissioner Weaver asked what problems Mr. Holmes would focus on if the systematic review is deemed necessary. The Director of Public Service (Works) stated that water, sanitary sewer and transpor- tation need to be reviewed. He stated that none of those three areas has a plan that is ex- tensive enough to consider the impact of one- or two-acre annexations around the edge of the City. He noted that if a comprehensive plan were in place, the size of lines needed could be determined and the problem of lines too small for the area could then be eliminated. Mr. Holmes noted that at this point the City Engineer's recommendation has been the basis for determining the size of utility lines. The Director of Public Service (Works) then recommended that a consultant be hired to devise such comprehensive plans. Mayor Stiff noted that the City currently employs three engineers and hires others for consulting. He asked if they would be able to develop such a plan. Director of Public Service (Works) Holmes stated that the most accurate study of water systems is done by computer to determine the size of lines needed in various areas. The engineers currently working for the City do not have access to that type of data and equip- ment. Commissioner Vant Hull suggested that instead of deferring all annexations, the Commis- sion consider annexations with proposed Planned Unit Developments where the streets are pri- vately owned. She noted that would not impact the City street services. The Commissioner I stated she feels that each annexation request should be considered on its own merits. Commissioner Weaver stated that a model is needed so that the City will ask the right questions to get the necessary answers. Commissioner Anderson stated she feels a study is needed, and that a deferment is necessary until such a study is completed. She indicated that the length of deferral is what must be determi ned. Commissioner Weaver asked if the water inventory would be a part of the study. Commissioner Anderson stated that the water inventory, if funded, would not be com- pleted for approximately five years. She noted that the proposed study would indicate the criteria to be used when considering an annexation request. The Commission deferred further review of the staff memos until next week's meeting during normal work hours. Recess - 6:00 p.m. Mayor Sti ff 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 Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of conduct- ing the scheduled public hearings and completing the routine business items. I Public hearin - Conditional Use Permit - Gene Cook - allow a new warehouse buildin with sales and supp y on ots and 2, ndustrlal ropertles, in t e ort east nnexation ryant Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by Gene Cook to allow a new warehouse building with sales and supply on Lots 1 and 2, I ndustrial Properties, in the Northeast Annexation. This site is more commonly located at the corner of North Rouse Avenue and Bryant Street. Mayor Stiff opened the public hearing. 06-06-83 108 Assistant Planner Mike Money presented the Staff Report. He stated that the site in question is located in an M-l- T zone, which requires the Conditional Use Permit process. The Zoning Commission reviewed the Staff Report and recommended approval of the application, subject to eleven conditions. He noted that the Zoning Commission had changed one of the Staff recommendations, providing that the development be completed in three phases, with a completion date of June 1, 1986. I Mr. Corbin Ross, Architect representing the applicant, was present. He stated that the applicant accepts the conditions as proposed by the Zoning Commission. No one was present to speak in opposition to the requested Conditional Use Permit. Mr. Ross then asked that the Commission waive the one-week waiting period since no protests were received and due to the short construction season in this area. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that due to the fact that no protests were received and due to the short construction season in this area, the customary one-week waiting period be waived. 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 being Commissioner Weaver. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Gene Cook to allow a new warehouse building with sales and supply on Lots 1 and 2, Industrial Properties, in the Northeast Annexation, more commonly located at the intersection of North Rouse Avenue and Bryant Street, subject to the following conditions: 1. That the structure be set back a minimum of 25 feet from North Rouse as required in Section 18.50.050 of the Zoning Regulations. 2. That the building be relocated off the established utility easements or that the needed easements be quit claimed back to the owner prior to final site plan approval. 3. That the development occur in three phases rather than four as originally I proposed, and that the developer provide a phasi ng schedu Ie that wi II not stretch the time of the project out past the 1 st of June 1986. 4. That each phase be self-supporting and not dependent on other phases to satisfy the requirements of the Zoning Regulations. 5. That the access, paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 6. That if the rear yard area is to be used for storage, it must be fenced and screened as required in Section 18.62.120 of the Zoning Ordinance. 7. That the sign detail to be provided not be conceptual in scale, and that it be non-illuminous and non-reflective in nature. 8. That the developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to H times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans, and methods of security shall be made part of that agreement. 9. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Division, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the applicant. 10. All on-site improvements (i.e. paving, landscaping, etc.) shall be completed I within eighteen (18) months of approval of the Conditional Use Permit for each phase and as shown on the approved final site plan. 11. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 06-06-83 1U8 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. a greenhouse I This was the time and place set for the public hearing on the Conditional Use Permit requested by Greta Buttelman for Gene Cook to allow a greenhouse and retail flower shop on Lots 8 and 9, West Main Plaza, more commonly known as 502 Professional Drive. Mayor Stiff opened the public hearing. Assistant Planner Mike Money stated that the site is located west of Wagon Wheel Mobile Home Park, which lies between West Main Street and West College Street. The subdivision in which these lots are located has been platted, and Special Improvement Districts have been created but the bonds were not sold. No improvements have been installed at this time. The Planning Staff has recommended that the developer enter into an Improvements Agreement guaran- teeing that improvements will be installed in the portion of the subdivision being considered in this request. The suggested Improvements Agreement would also contain a schedule of improve- ments to the remainder of the lots in the subdivision that is workable for the developer and satisfactory to the City. The Zoning Commission recommended approval of the application for the Conditional Use Permit, subject to seven conditions. Mr. Corbin Ross, Architect representing the applicant, stated that the applicant accepts the conditions recommended by the Zoning Commission. He then requested that the Commission waive the one-week interval because plants for the greenhouse are scheduled to arrive on June 27, 1983. Mr. Gene Cook, one of the developers and owners of the property, stated that they have decided to install the improvements without the use of Special Improvement Districts. Mr. Cook I stated they intend to install sewer, water and storm sewer lines and the road base for the sub- division. He stated they will also blacktop the road to the lots where the greenhouse and retai I flower shop wi 1\ be located. Mr. Cook stated these' improvements will be started next week and wi II be completed th is year. He noted these improvements represent approximately 65 percent of the total improvements for the subdivision. No one was present to speak in opposition to the approval of this application for a Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week interval because no protests were received and because it would create a hardship on the applicant since plants for the greenhouse will be arriving in a short time. 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. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Greta Buttelman for Gene Cook to allow a greenhouse and retail flower shop on Lots 8 and 9, West Main Plaza, more commonly known as 502 Professional Drive, subject to the following conditions: 1. That the structure be relocated off the utility easement, or that the non- essential portion of the easement be quit claimed back to the owner. All easements must be illustrated on the final site plan. 2. That the drainage plan be reviewed so that ponding does not occur along the I northern property boundary. All paving, access and drainage plans must be reviewed and approved by the City Engineer prior to final site plan approval. 3. That the final site plan not be approved until such time as all improvements for Lots 8 and 9 have been installed or the subdivider/owner guarantees all improvements by entering into an improvements agreement with the City of Bozeman and supplies a method of security equal to 1 t times the estimated cost of the improvements. 4. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the 06-06-83 l1U improvements, it must be secured by a method of security equal to H times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans, and methods of security shall be made part of that agreement. 5. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the I project. One (1) signed copy shall be retained by the Building Division, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the appl icant. 6. All on-site improvements (i.e. paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 7. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 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 vot i ng No, none. Public comment (continued) - Commission Resolution No. 2455 - intent to vacate alley west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of the North Seventh Addition Mr. Fred Ypma stated he understands which alley the petition for vacation affects. He stated that approximately five years ago, the City vacated a portion of the north-south alley. At that time he requested that the remainder of the alley be left so that he had access to North Fifth Avenue from his back yard, and the City agreed to leave the alley open. He once again stated that he does not want the alley vacated because those lots will eventually be I owned by a business, which wi II probably want access to the back of the property. Commissioner Weaver asked Mr. Ypma if the alley right-of-way has been used for access to the back of his property. Mr. Ypma stated that he has used it several times. I n the past few years, a pi Ie of dirt has been located in the right-of-way, blocking access to his property, but that has been recently removed. Mr. Gene Cook stated there are no signs that the alley has been used. Mr. Cook further stated that all of the other property owners involved stated they have no need for the alley, and signed the petition requesting vacation of the alley. Commissioner Weaver asked how the alley vacation will affect adjacent property values. Mr. Cook stated that the alley vacation would enhance the properties. He stated the alley is not presently maintained. If it were vacated, it would be maintained and present a better appearance. Commissioner Mathre noted that Mr. Ypma's property has access from North Seventh Avenue. She then questioned whether other businesses along Seventh Avenue have access from alleys. She further noted that the subject alley runs to North Fifth Avenue, across from Darlinton Manor. She stated that North Fifth Avenue is a residential street, with a BMX track that attracts children. Commissioner Mathre stated that she does not want to encourage commercial traffic on that street. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission vacate the alley west of North Fifth Avenue and south of West Aspen Street, I located in Tract 1 of the North Seventh Addition, and direct the City Attorney to prepare an Ordinance vacating said alley. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and Commissioner Weaver; those voting No being Commissioner Vant Hull and Mayor Stiff. Continued discussion - Commission Resolution No. 2449 - Capital Improvement Program Mayor Stiff requested that this discussion be deferred for one week so that he may first meet with the City Manager. 06-06-83 111 waiver of portion of Building Permit fee - Allen Electric - niversity Assistant City Manager Barrick stated that Building Official Gene Yde had surveyed five major cities in Montana and has submitted a memo indicating the results. The Assistant City Manager noted that other cities use the same practice as is used here. The Assistant City I Manager recommended that the Commission authorize and direct the staff to collect the re- mainder of the Building Permit fee from Allen Electric. Commissioner Mathre noted that the Uniform Building Code specifies the fee to be collected. She stated she feels the City must comply with those specifications. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission deny the request for waiver of a portion of the Building Permit fee for new con- struction at Montana State University submitted by Allen Electric. 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. Centennial Park proposal - staff recommendation City Manager Evans stated that the staff has been preparing budget requests this week. He requested that discussion on this item be deferred for one week to allow the staff time to complete their recommendations. Discussion - recommendations from the Judicial Coordinating Committee to the City Commission Commissioner Weaver commended the members of the Gallatin Valley Bar Association for their review of the issues relating to the operation of the City Court. He stated that the recommendations presented to the Commission are the result of three productive meetings of the Judicial Coordinating Committee. The Commissioner stated that Recommendation No.7, which concerns the possible relocation of the City Court to the Law and Justice Center, is the pivotal recommendation for Recommendation Nos. 1 through 6. He also noted that Recommendation I Nos. 7 through 11 stand on their own and are not inter-related. Commissioner Weaver stated that the Judicial Coordinating Committee recommended the proposed salary increase be effective January 1, 1984, when the new City Judge1s term begins. The proposed salary is based on the substantially increased workload in the City Court over the past few years. He stated that the recommended review to be completed every four years would eliminate any political implications or implications that the review was to check the quality of the City Court rather than the operation. Commissioner Weaver also noted that the word processing equipment is not being fully utilized at this time. He stated that the work schedule could probably be rearranged to accommodate the City Court for two half-days per week. The Commissioner stated that if the City Court moves to the Law and Justice Center, consideration must be given to the purchase of new equipment. The Commissioner then noted that the Committee has reviewed the salaries of the various Court employees. They recommend that the Assistant Court Clerk1s salary be increased because she is currently receiving $4.03 per hour, while part-time employees receive $4.60 per hour. The recommended adjustment would place that salary closer to that of other clerical employees and would provide a measure of compensation for harassment from the customers. He also stated that there has been a significant turn-over in that position, and an increased salary may alleviate some of that problem. The Committee recommended that the Court Clerk be given the average annual increase to be effective July 1, 1983. I Commissioner Weaver stated that the electronic cash register in the Finance Department could be expanded to accommodate the City Court, or a new cash register could be purchased for the City Court. He asked if the Finance Department could use the expansion if the City Cou rt moves. The City Manager stated that the Finance Department does not need the expansion. City Manager Evans stated that some of the recommendations must be dealt with by management, and some must be dealt with by the Commission. He requested two weeks to review the recommendations and submit a report to the Commission on which items he feels should be considered by management. The City Manager noted that the possible move to the Law and 06-06-83 112 Justice Center was first broached two years ago, at which time it became a political issue. The City Manager stated that he feels savings could be realized if the City Court and Justice of the Peace Court were located close to each other. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the recommendations from the Judicial Coordinating Committee and refer those recommendations to the City staff for consideration and further discussion in I two weeks. 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. 9, City Manager Evans stated that a meeting on the Swim Center Agreement has been scheduled for Thursday, June 9, 1983, at 7: 30 p.m. in the School Superintendent's Office. He noted that Mayor Stiff and Commissioner Vant Hull had been originally appointed to the committee to review this agreement and asked the Commission to reaffirm those appointments or appoint two Commissioners to the committee. Mayor Stiff stated that he had received a call indicating that the Swim Center will be closed during the summer. Assistant City Manager Barrick stated that the Recreation Division has proposed keep- ing the Swim Center open during July and August, which has not been done in the past. The proposal would increase the costs of operation of the Swim Center substantially. The Administrative Board of Trustees directed the Recreation Division to submit the budget with the Swim Center closed during July and August and a supplement with the Swim Center open if they so desire. City Manager Evans noted that under State Statute, the City operates without a budget for July and a portion of August. If the Swim Center remains open, monies are obligated that I were not previously considered. He stated that if the Swim Center remains open, the Commission must authorize the obi igation of funds. The Commission reaffirmed the appointment of Mayor Stiff and Commissioner Vant Hull to the committee to review the Swim Center Agreement. Consent Items Hall and ineer It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Break - 8:10 to 8:20 p.m. I Mayor Stiff 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. Work Session - preparation of City Commission budget request for Fiscal Year 1983-84 The Commissioners prepared their budget request for operations and maintenance for Fiscal Year 1983-84. The budget request submitted to the City Manager is as follows: Office 06-06-83 113 Supplies, $75.00; Operating Supplies, $1,200.00; Repai rs and Maintenance of Equipment, $250.00; Telephone, $500.00; Postage, $400.00; Contracted Services, $7,500.00; Subscriptions and Dues, $6,500.00; Travel and Schools, $3,000.00; Advertising, $6,000.00; and Other, $500.00, for a total operations and maintenance budget request of $25,925.00. The Commission budgeted no amount for small capital items for Fiscal Year 1983-84. I Mayor Stiff noted that the Commission budgeted $24,200.00 for operations and main- tenance for Fiscal Year 1982-83; and $11,537.00 has been transferred into the City Commission budget to cover unanticipated expenditures. Adjournment - 8:40 p.m. 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 ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 06-06-83