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HomeMy WebLinkAbout1983-06-27 15U MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 27, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 27, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, City Manager Evans, City Attorney Crumbaker- Smith and Clerk of the Commission Sullivan. Commissioner Mathre was absent in compliance with Section 7-3-4322, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of May 16,1983 were approved as corrected. Action on the minutes of the meetings of June 13, 1983 and June 20, 1983 was deferred for a period of one week. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the Budget Amend- ment to transfer $5,000.00 from the City Attorney - Salaries, Wages and Benefits to Special Projects - Automated Flight Service Station Study be removed for discussion. Work session - Community Development Block Grant Application The Commission conducted a work session on the Community Development Block Grant appl ication at 3: 00 p. m., prior to the start of the Commission meeting. Mr. Mike Ross, Housing Development Associates, introduced Mr. Dan Hickey and Mr. Tom Moss to the Commission. He noted that these two individuals are also involved in Housing Development Associates and have helped prepare the appl ication. He further noted that they have various areas of expertise and may be able to answer some of the Commission's questions. Mr. Ross then gave the Commissioners copies of the application to be submitted to the I Department of Commerce on July 1, 1983. He stated that Housing Development Associates has prepared seven copies of the application. Mr. Ross stated the original and three copies will be submitted to the Department of Commerce; one will be retained on file in the office of the Clerk of the Commission; one copy will be retained on file in the City-County Planning Depart- ment; and one copy will be retained by Housing Development Associates. Mr. Ross then reviewed the application with the Commission. He noted the first portion of the application contains a statement of needs for the entire community, followed by a state- ment of needs for the target area. He stated those needs are then prioritized. He noted the appl ication then contains a set of goals and objectives to resolve those problems and needs, and a work plan for resolving the problems. Mr. Ross stated the program has been set up on a thirty-two month schedule, allowing four months to clean up the projects and get them audited prior to the end of the three-year program. He then reviewed the proposed budget for the project, noting that 86.8 percent of the funds will be targeted to low- and moderate-income persons. Mayor Stiff asked if the responsibility for administration of this program would become the Assistant Planner's. Mr. Ross stated that the grant administrator would work with a consulting firm during the first year and part of the second year. The grant administrator would be directly respon- sible to the City-County Planning Director. Mayor Stiff asked if the Planning Director could accommodate the additional workload created. I Planning Director John Moss stated that the Planning Department can handle the addi- tional workload. Commissioner Weaver asked what the fiscal year for the CDBG program will be. Mr. Ross stated that the Department of Commerce will review the applications received by July 1, 1983. If the State approves the application, the City will be notified. At that time, contract negotiations for the first year will be conducted. After those negotiations have 06-27-83 151 been completed, the prog ram beg i ns. Mr. Ross then noted that if this application is approved, the City must then also negotiate for the thirty units of Section 8 Moderate Rehabilitation monies. He stated that the State is to send a letter guaranteeing that those units will be held for Bozeman unti I the end of January before they are reallocated. Mayor Stiff asked what types of incentives a municipality can use to get people to use the rehab monies. I Mr. Tom Moss stated that enforcement of the City's Codes and the Uniform Building Code through periodic inspections on a city-wide basis could provide the needed incentives to up- grade substandard housing. He noted that this enforcement can become controversial in some instances. Commissioner Anderson asked if a housing authority would help to improve the housing stock in Bozeman. Mr. Dan Hickey stated that he was the Executive Di rector of the Housing Authority in Billings. He stated that in most cities, the housing authority deals only with new con- struction; and the City retains responsibility for rehabilitation, code enforcement and demo- lition. He further noted that housing authorities are limited to specific federal programs for new construction and cannot become involved in the other aspects of housing. Mayor Stiff asked how many of the larger cities in Montana do not have housing authori- ties. Mr. Hickey stated that Bozeman is the only larger community without a housing authority. Mr. Ross then indicated that the Housing Development Associates have received several letters of support, which are in the appendix to the application. He stated that the community has responded extremely well during the preparation of this application. He also noted the fact that the Department of Commerce has reserved thirty units of Section 8 Moderate Rehabili- tation monies until the end of January should have an impact on this application. Ms. Marcia Youngman, member of the Bozeman Housing Committee, indicated that the I application looks good. Ms. Linda Brock, member of the Bozeman Housing Committee, asked if monies accumulated from interest on loans from the CDBG monies could be utilized for new construction. Mr. Ross stated that approximately $775,000.00 in interest is anticipated through low- interest loan paybacks over the next eighteen years; and those funds can be utilized for any community development eligible activities within the target area. Ms. Brock asked if land can be acquired that does not require demolition. Mr. Ross stated that acquisition of land and demolition is preferred because it is bene- ficial in addressing the housing needs in the target area. One of the problems is that people are currently living in houses that pose a serious threat to their health, safety and welfare. He also noted that persons living in houses acquired under this program could be eligible for payment of relocation costs through the program and possible rent subsidy for up to forty-eight months. He also noted that the grant administrator will work with those people displaced under this program to find another suitable place to live, preferably in the area of town which they would desire Commissioner Weaver asked if the acquisition of property would be through the market place rather than through governmental powers. Mr. Ross stated that fair market value is to be paid when acquiring land through this prog ram. He noted that no governmental powers are utilized. Mr. Tom Moss noted that relocation costs under this program average $3,500.00 for those who rent. For an owner-occupied structure, the costs can be as high as $15,000.00 to help I purchase another home that meets the owner's needs. Commissioner Anderson noted that the emphasis on this proposed program must be positive. She noted that this is a good way to improve the housing stock and guarantee a better of quality of living at reasonable costs. She also noted that the efforts of Marcia Youngman to sustain interest and action to address low- and moderate-income needs in Bozeman led to the hiring of Housing Development Associates, after Marcia and Mike Money became aware of HDA and recommended them to further the CDBG for Bozeman. 06-27-83 152 Break - 3:45 to 4:00 p.m. The Mayor declared a recess at 3:45 p.m., to reconvene at 4:00 p.m., which is the regularly scheduled Commission meeting time. Open bids - Seal Coat Street Improvements This was the time and place set for the opening of the bids for the Seal Coat Street I Improvements. 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 bids for the Seal Coat Street Improvements 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 and Mayor Stiff; those voting No, none. The following bid was then opened and read: Base Bid Long Construction Company, I nc. Billings, Montana Montana Contractor License No. 1185-A $89,100.00 City Manager Evans recommended that the bid be referred to staff for a recommendation to be submitted later in the meeting so that the monies may be obligated from the current Fiscal Year1s Gas Tax Apportionment monies. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bid be referred to staff for a recommendation to be submitted later in the meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Update on Centennial mural for Eagle's Building - Mike Hoey City Manager Evans stated that Commissioner Anderson had requested an update on the I Centennial mural. Mr. Mike Hoey stated that he and his partner have been working on the design for the mural, but have no definite plan. He stated that the final draft should be ready for approval by the Centennial Committee, the Eagle1s and the City of Bozeman within two or three weeks. Mr. Hoey indicated that he and his partner will be using a five-foot model of the mural for receiving final approval and soliciting additional funding. Mr. Hoey indicated that at this point, they have sufficient money and materials to completely refurbish the wall. He stated that within two weeks, they should have the surface completely repaired and flat white paint on the wall. He indicated that he feels the final design should be basically complete to solicit more funds for actual painting of the mural. He stated that the anticipated cost of completing the mural is $6,000.00 to $10,000.00. The target for completion of the mural is October. Commissioner Anderson asked what the theme of the mural will be. Mr. Hoey stated that they have completed interviews and historic research. He noted that John Bozeman is a factor in the development of Bozeman, but is not the underlying impor- tant theme. He then stated that the plan submitted for approval will be approximately 70 percent complete. He indicated that they expect changes during the remainder of the process, including during the actual painting. Mr. Hoey will submit his plan to the Commission for final approval upon its completion. Update on financing of Automated Flight Service Station study I City Manager Evans stated that to date Gallatin County has committed $10,000.00, the Chamber of Commerce has committed $5,000.00, and the City of Bozeman has committed $5,000.00, for a total of $20,000.00 in hard money to help finance the proposed Automated Flight Service Station study. The Gallatin Airport Authority has committed in-kind services of the Airport Manager and their Attorney for the study. Mayor Stiff stated that the County has assumed that they will be the bonding authority for the project if the bid is awarded to Bozeman. He noted that at a recent meeting at the 06-27-83 153 Chamber of Commerce, the possibility of spending the money to attract other types of industry rather than the flight service station was discussed. It was noted that in other industries, there is not the desire or intent to further expand at this time. He noted that the City must support what exists and build gi~owth within those bounds. Commissioner Vant Hull stated that she would support the City1s participation in the study if the station were to be located in Bozeman rather than close to Belgrade. She then I asked if the City of Belgrade is going to commit funds for the study, indicating that she feels they should contribute as much as Bozeman does since they will benefit as much as or more than Bozeman does. Commissioner Weaver stated that designated individual was to contact the City of Bel- grade concerning a contribution toward the study. He indicated that no report has been given on the Belgrade's willingness to commit funds to date. He further noted that the principal source of benefit to a community is through cash flow; and Bozeman is the principal market place in the area. Commissioner Vant Hull agreed that the businesses would benefit from the Automated Flight Service Station being located at the Gallatin Field. However, since the business in- ventory tax has been removed, the City will not benefit from the additional business. Commissioner Anderson stated that administrators at Montana State University are to meet this week to discuss the possibility of committing funds to the study. They should have an answer on the matter by the end of this week. Commissioner Vant Hull then noted that the City is currently questioning whether or not to annex; and she feels that such a study would promote growth in the County. She feels that will only magnify the City's problems. Commissioner Anderson indicated that the answers to the annexation problems will be basically resolved before the bid for the flight station building is awarded. City Manager Evans noted that the Gallatin Field currently has three major airlines I servicing the area. He indicated that if additional passenger travel is not created through this airport, the Gallatin Field could possibly lose some of the current flight service. He noted that location of the Automated Flight Service Station at Gallatin Field could influence airline decisions on servicing of this area. Commission Resolution No. 2462 - intent to create SI D 641 - sewer in Graf's First Subdivision, Second Filing City Manager Evans presented Commission Resolution No. 2462, entitled: COMMISSION RESOLUTION NO. 2462 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 NO. 641 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND AP- PURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIF- ICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER, MANHOLES AND SERVICE STUBS TO THE PROPERTY LINE, AND NECESSARY APPURTENANCES, ON KENYON DRIVE, ANDERSON DRIVE AND O'CONNELL DRIVE, ALL IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER TO IN- CLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, MANHOLES, SERVICE LINE STUBS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans stated that the proposed SID No. 641 would provide for sanitary sewer for all three phases of Graf1s First Subdivision, Second Filing. He indicated that the I developer has agreed to comply with the City's newly-adopted Resolution requiring a cash escrow account. Also, the City and developer have worked together to prepare an Improvements Agreement that is satisfactory to both parties. That Improvements Agreement is basically completed. City Manager Evans then recommended that, in view of the fact that the developer is willing to supply financial guarantees and the fact that the requested Special Improvement District bears an estimated cost of $82,000.00, the Commission adopt Commission Resolution No. 2462, subject to final approval by t/1e City Attorney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. 06-27-83 151+ Commissioner Weaver asked how the new City policies for securing SI D1s appear to be working. City Manager Evans stated that the requirement for the cash escrow account is included in the Improvements Agreement. He feels that these new policies help eliminate reservations about creating new Special Improvement Districts because the financial backing is provided for several years, minimizing the risks to the City. I It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2462, subject to final approval by the City Attor- ney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. SID 642 - water, storm drains and pavin , City Manager Evans presented Commission Resolution No. 2463, entitled: COMMISSION RESOLUTION NO. 2463 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 NO. 642 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES ON KENYON DRIVE AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, I BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans stated that the proposed SID No. 642 would provide for installation of water mains, storm drains and paving in Phase I of Graf's First Subdivision, Second Filing. He indicated that the Improvements Agreement referred to in the previous item applies to this SID also. City Manager Evans then recommended that, in view of the fact that the developer is willing to supply financial guarantees and the fact that the requested Special Improvement District bears an estimated cost of $115,000.00, the Commission adopt Commission Resolution No. 2463, subject to final approval by the City Attorney, and direct the Clerk of the Commis- sion to set the public hearing date and complete the necessary legal advertising. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2463, subject to final approval by the City Attor- ney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. and pavin , City Manager Evans presented Commission Resolution No. 2464, entitled: I COMMISSION RESOLUTION NO. 2464 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 NO. 643 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE 06-27-83 15S PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL ON O'CONNELL AND ANDERSON DRIVES IN GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH I INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans stated that the proposed SID No. 643 would provide for installation of water mains, storm drains and paving in Phase II of Graf1s First Subdivision, Second Filing. He indicated that the Improvements Agreement referred to in the previous item applies to this SID also. City Manager Evans then recommended that, in view of the fact that the developer is willing to supply financial guarantees and the fact that the requested Special Improvement District bears an estimated cost of $130,000.00, the Commission adopt Commission Resolution No. 2464, subject to final approval by the City Attorney, and direct the Clerk of the Commis- sion to set the public hearing date and complete the-necessary legal advertising. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2464, subject to final approval by the City Attorney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Commission Resolution No. 2465 - intent to create SI D 644 - water, storm drains and paving, Grafls First Subdivision, Second Filing, Phase I II City Manager Evans presented Commission Resolution No. 2465, entitled: COMMISSION RESOLUTION NO. 2465 I 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 NO. 644 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN, STORM DRAIN AND APPURTENANCES, AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES AND SERVICE STUBS TO THE PROPERTY LINES AND STORM DRAIN PIPING, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ON SWEET STREET AND ANDERSON DRIVE IN GRAF'S FIRST SUBDIVISION, SECOND FILING, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN, STORM DRAIN AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATER MAIN, VALVES, FITTINGS, HYDRANTS, STORM DRAINAGE PIPE, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans stated that the proposed SID No. 644 would provide for installation of water mains, storm drains and paving in Phase III of Graf's First Subdivision, Second Filing. He indicated that the Improvements Agreement referred to in the previous item applies to this SID also. City Manager Evans then recommended that, in view of the fact that the developer is willing to supply financial guarantees and the fact that the requested Special Improvement District bears an estimated cost of $225,000.00, the Commission adopt Commission Resolution No. 2465, subject to final approval by the City Attorney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. I It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2465, subject to final approval by the City Attor- ney, and direct the Clerk of the Commission to set the public hearing date and complete the necessary legal advertising. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 06-27-83 158 Authorize Director of Finance to write off bad debts City Manager Evans presented to the Commission a request submitted by the Director of Finance for authorization to write off bad debts. The City Manager noted that these bad debts include water and sewer bills, landfill charges and miscellaneous billings. Mayor Stiff asked for the total of the listed bad debts. Director of Finance Swan stated that the total for water and sewer bills is $1,641.94 I and for the landfill charges and miscellaneous billings is $371.79, for a grand total of $2,013.73. Mayor Stiff asked if there is anything the City can do to decrease the amount of bad debts incurred. Director of Finance Swan stated that the City has instituted a deposit requirement for water and sewer services. A large portion of these bad debts are from 1980, 1981 and early 1982, when the deposit was not required. She further noted that the amount of deposit has been set at the maximum allowed by the Public Service Commission, which is two months' average billing. She indicated that those baq debts listed after Fall 1982 have had the deposits subtracted, and the amount to be written off is the balance above that deposit. The Director of Finance stated that all possible steps have been taken to collect these monies. She noted that each individual has been sent three certified letters, and the accounts have been turned over to the Credit Bureau for collection with no results. Di rector of Finance Swan then stated that if these bad debts are written off and payment is made, the bad debt will be reinstated on the books and the monies will be receipted to the proper account. Commissioner Vant Hull noted the landfill charges not paid and being listed as bad debts. She asked about the policy for charging at the landfill. Director of Finance Swan stated that in the past various people and businesses were allowed to charge at the landfill if they requested such charging capabilities at the City of- fices . The people now must fill out an application form prior to receiving charging capabili- ties. She noted that those on the bad debts list are no longer eligible for charging. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Director of Finance to write off the bad debts presented in the list, in the total amount of $2,013.73. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Award bids - Seal Coat Street Improvements This was the time and place set to award the bids for the Seal Coat Street Improvements. City Manager Evans stated that Director of Public Service (Works) Holmes and Assistant City Engineer Neil Mann have reviewed the single bid submitted for this project and have found it meets the specifications for the project. He further noted the bid is approximately $6,000.00 below the balance of the Gas Tax Apportionment Fund and concurred in the recommendation that the bid be awarded to Long Construction Company, Inc., located in Billings, Montana. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bid for the Seal Coat Street Improvements be awarded to Long Construction Company, Inc., Billings, Montana, in the base bid amount of $89,100.00, it being the only bid received and meeting the specifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission for cars to park on grass at Bogert Park for Municipal Band Concerts I City Manager Evans presented to the Commission a request for permission for cars to park on the grass at Bogert Park during the Municipal Band concerts. The City Manager stated that the reason the City staff had eliminated parking on the grass was because of possible damage to the sprinkler system and the grass. He then recommended that the Commission direct the City Manager to have the posts removed to allow cars to park on the grass during Municipal Band concerts as they have in the past. 06-27-83 157 It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission direct the City Manager to have the posts removed to allow cars to park on the grass at Bogert Park during the Municipal Band concerts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Request - permission to park on Main Street in front of Soroptomist Park on July 23 for Crazy Days - Heisel Landscape Service City Manager Evans presented to the Commission a request on behalf of Heisel Landscape Service for permission to park on East Main Street in front of the Soroptomist Park on July 23, 1983, for the annual "Crazy Days" sale. The City Manager noted that Heisel Landscape Service has a current City Business License and recommended that the Commission approve the request. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by Heisel Landscape Service for permission to park a vehicle on East Main Street in front of the Soroptomist Park on July 23, 1983, during the "Crazy Days" sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - permission to conduct sidewalk sales on various dates - Bozeman Army Navy Store City Manager Evans presented to the Commission a request on behalf of the Bozeman Army Navy Store for permission to conduct sidewalk sales on June 28, 29 and 30 for Fourth of July; July 15, 16 and 23 for Crazy Days; August 12 and 13 for Back-to-School; and September 1;. 2 and 3 for summer clearance and Fall pre-season sales. The City Manager noted that the first two sets of dates are upcoming shortly and recommended that the Commission approve the I first set of dates and approve July 23 only on the second set of dates listed. He then recommended that action on the remaining dates be deferred since the Downtown Merchants Association has indicated a desire to establish a policy for sidewalk sales on the downtown area. City Manager Evans then noted that the City does not have final control of the right-of-way on Main Street, which is a State highway. He further indicated that the right-of-way includes the public sidewalk on both sides of the street. Commissioner Vant Hull asked if the State Department of Highways has exerCised its powers along these rights-of-way. The City Manager stated that in other communities, it has exercised control. He noted that if a reasonable policy is established, the Highway Department would say little. However, if the matter gets out of hand, the Highway Department could step in with the final decision. City Manager Evans then stated that he feels a policy should be established that will allow flexibility, yet provide guidelines that the businessmen in the downtown area feel are fair. It was moved by Commissioner Vant Hull, that the Commission approve the request for permission to conduct sidewalk sales submitted by the Bozeman Army Navy Store for June 28, 29 and 30 and July 15, 16 and 23, 1983. The motion died for the lack of a second. It was then moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission approve the request for permission to conduct sidewalk sales submitted by the Bozeman Army Navy Store for June 28, 29 and 30, 1983 for the Fourth of July and July event and for July 23, 1983 for Crazy Days, and that action on the remaining two sets of dates be deferred to allow time to establish a policy on sidewalk sales. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Acknowledge receipt of request for annexation - James W. and Mabel L. Stephens - 2.027 acres located on West Main Street, immediately west of the EconoLodge City Manager Evans presented to the Commission a request for annexation submitted by James W. and Mabel L. Stephens for 2.027 acres located on West Main Street, immediately west of the EconoLodge. City Manager Evans recommended that the Commission acknowledge receipt of this request. 06-27-83 158 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request for annexation submitted by James W. and Mabel L. Stephens for 2.027 acres located on West Main Street, immediately west of the EconoLodge. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Applications for renewal of Gamblin Licenses - July 1, 1983 throu h June 30, 1984 - various I app Icants City Manager Evans presented to the Commission the following list of applications for renewal of Gambling Licenses for the period July 1, 1983 through June 30, 1984: Name of Establishment Gambl ing Operations Amount paid American Legion One electronic poker machine $ 500.00 Black Angus One electronic poker machine 500.00 Cat1s Paw Two card tables Two electronic poker machines 2,750.00 Crystal Bar One card table Two electronic poker machines 1 ,750.00 Eagle's Bar Two electronic poker machines 1,000.00 Elk1s Club One card table One electronic poker machine Three additional card tables for games of amusement 1,150.00 J.W. Hide-A-Way Lounge One electronic poker machine 500.00 Karl Marks Pizza One electronic poker machine 500.00 Little John1s One electronic poker machine 500.00 Par-3 Supper Club and Lounge One electronic poker machine 500.00 I Rocking R Bar Two electronic poker machines 1,000.00 Rose1s Cantina Card Lounge Two card tables 1 ,000. 00 Rose1s Lounge Two electronic poker machines 1 ,000.00 Scoop Bar Two electronic poker machines 1 ,000.00 Sundance Saloon One card table Two electronic poker machines 1,750.00 The Cannery Lounge One card table Two electronic poker machines 1 ,750.00 The Filling Station One electronic poker machine 500.00 The Haufbrau One electronic poker machine 500.00 The Livery Stable One electronic poker machine 500.00 The Topper Motel and Lounge One electronic poker machine 500.00 The Zoo Bar One electronic poker machine 500.00 Willie's Saloon One card table Two electronic poker machines 1,750.00 TOTAL AMOUNT PAID $21,400.00 City Manager Evans recommended that the Commission approve the renewal of Gambling I Licenses as listed. Mayor Stiff asked if there have been any instances of police problems during the past year for any of these establ ishments. The City Manager stated that the Chief of Police has indicated that gambling has created no big problems for the Police Division during the past year. He stated that if any 06-27-83 159 major problems are created by gambling during the upcoming year, the Commission has the power to revoke that Gambling License upon a strong legal basis. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the applications for renewal of Gambling Licenses for the period of July 1, 1983 through June 30, 1984, as listed above. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Application for Liquor License - Par-3 Supper Club and Lounge - Calendar Year 1983 City Manager Evans presented to the Commission an application for Liquor License for the Calendar Year 1983, along with the required fee, on behalf of the Par-3 Supper Club and Lounge. The City Manager stated that the Commission had granted temporary approval of the application based on the State's letter of temporary of approval on March 7, 1983. He then indicated that the Par-3 Supper Club and Lounge has received the permanent State Liquor License and recommended that the Commission approve the granting of a permanent City Liquor License. It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission approve the application for a permanent City Liquor License for the Par-3 Supper Club and Lounge for Calendar Year 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. Break - 5:00 to 5:05 p.m. Mayor Stiff declared a five-minute break at 5:00 pLm., to reconvene at 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Discussion - letter from Commission to Governor Schwinden - stating appreciation of support during Legislative Session City Manager Evans presented to the Commission the proposed draft of a letter of appreciation to Governor Schwinden from the Commission as prepared by Commissioner Mathre. The City Manager noted that Commissioner Mathre's major concern i~ that the Commission convey its appreciation to the Governor for his support of local governments during the recent Legislative Session. She has indicated that the letter may be revised as the Commission de- sires, as long as the main theme remains intact. Mayor Stiff, Commissioner Anderson and Commissioner Weaver indicated support of the letter as written. Commissioner Vant Hull indicated that she feels the last paragraph should be rewritten to specify the financial problems realized by local governments. Commissioner Anderson suggested that letters of appreciation should be submitted at this time; and letters requesting further support and action be sent in a concerted approach through the Urban Coalition and the League of Cities and Towns. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission appoint a subcommittee of Commissioner Anderson, Commissioner Vant Hull and Commissioner Mathre to rewrite the final paragraph of the proposed letter and authorize the Commission to sign the revised letter. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Proposed Special Commission Meetin a or ommlSSlon an opportunity epartment 1983-84 udget requests City Manager Evans present to the Commission his memo recommending that the Commis- sion call a special Commission meeting on Wednesday, July 13,1983 from 1:00 p.m. to 5:00 p.m. for the purpose of meeting with department/division heads on the Fiscal Year 1983-84 budget requests. The City Manager noted that this has not been done in the past, but he feels that this step might be beneficial to the Commission in its preparation of the budget. 06-27-83 . 160 Commissioner Vant Hull suggested that instead of calling a special Commission meeting, the Commission begin its meeting at 1:00 p.m. on Monday, July 11,1983. City Manager Evans stated concern that three hours might not allow sufficient time to meet with all of the department! division heads and indicated that the process should be com- pleted in one session rather than being fragmented. Commissioner Weaver asked if the capital budget will be considered during this proposed I session. City Manager Evans stated that only minor capital items and the transfer of funds from the operating budget to the Capital Improvement Program to cover those items which cost between $1,000.00 and $10,000.00 will be considered. Following a brief discussion, the Commission decided that the three hours available on Monday, July 11 should be sufficient time to meet with the department/ division heads without fragmenting the process. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission conduct a work session on the Fiscal Year 1983-84 budget on Monday, July 11, 1983, from 1 :00 p.m. to 4:00 p.m., to provide an opportunity to meet with department/division heads concerning their budget requests. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. 'nformation item - Commission meeting on Tuesday, July 5, 1983 rather than Monday, July 4, 1983, due to hol iday City Manager Evans noted that City Hall offices will be closed on Monday, July 4, 1983, in observance of Independence Day. The City Manager noted that the Commission adopted a pol icy on April 5, 1982, that if a Monday is a hol iday under State law, the Commission meeting wi II be held on the following Tuesday. Therefore, the regular Commission meeting will be held on Tuesday, July 5, rather than on Monday, July 4, 1983. I Acknowledge receipt of "City Manager1s Estimate of Revenues and Expenditures for Fiscal Year 1983-84" City Manager Evans presented to the Commission the "City Manager1s Estimate of Revenues and Expenditures for Fiscal Year 1983-84". The City Manager requested that the Commission acknowledge receipt of this document. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, that the Commission acknowledge receipt of the "City Manager1s Estimate of Revenues and Expenditures for Fiscal Year 1983-84". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - letter re toxic waste disposition Commissioner Weaver noted that the Commissioners have received copies of a letter from the State of Montana Department of Health and Environmental Sciences and the Department of Agriculture concerning the disposition of toxic materials. He asked the City Manager if he has pursued this matter. City Manager Evans stated that he has requested the Director of Public Service (Works) Holmes to pursue the matter and report any toxic materials that the City currently possesses. He stated that he will report to the Commission as soon as he receives an answer from the Director of Public Service (Works). I Attorney - Salaries, tudy City Manager Evans presented to the Commission a Budget Amendment to transfer $5,000.00 from the City Attorney - Salaries, Wages and Benefits to Special Projects - Automated Flight Service Station Study. He noted that Commissioner Vant Hull had requested that this matter be removed from the Consent Items. 06-27-83 181 Commissioner Vant Hull asked why this transfer should be made at this time rather than waiting until the study is ready to begin. City Manager Evans stated that the monies should be obligated from this Fiscal Year1s budget. He noted that the monies wi II not be expended unti I the study is begun. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the I Commission authorize and direct the Mayor to sign the Budget Amendment to transfer $5.000.00 from City Attorney - Salaries, Wages and Benefits to Special Projects - Aut<!mated Fl ight Service Station Study. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Vant Hull. Consent Items various Claims Mayor Stiff asked about the status of the study on criteria development for annexation. City Manager Evans stated that an advertisement soliciting proposals will appear in various newspapers throughout the state. He noted that some people have already expressed an interest in submitting a proposal. It was moved by Commissioner Anderson, seconded by Commissioner Weaver, 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 Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Recess - 5:35 p.m. Mayor Stiff declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. 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 hearing. Public hearing - Community Development Block Grant application This was the time and place set for the public hearing on the Community Development Block Grant application. Mayor Stiff opened the public hearing. Mr. Mi ke Ross, Housing Development Associates, presented a brief outl ine of the appl i- cation for comprehensive Community Development Block Grant funds. He noted that a compre- hensive application must contain two of the three categories under which applications can be made, which are economic development, housing and public facilities. This application com- bines housing and public facilities, with a focus on housing rehabilitation, paving of unpaved streets and replacing undersized water lines in the target area. Mr. Ross indicated that the three-year comprehensive application is for $1,319,350.00 in Community Development Block Grant funds. He then noted the Commission has appropriated City funds for development of the I Centennial Park; and the Human Resource Development Council has indicated support of energy and housing rehabilitation programs. Mr. Ross stated the comprehensive program would run approximately thirty-two months, allowing four months to complete projects in progress. Mr. Ross then noted that 86.8 percent of the total CDBG monies would be used to provide for the needs of low- and moderate-income residents of the target area. He stated that combining of housing rehabilitation and upgrading of public facilities will help the neighborhood more than one or the other would by itself. 06-27-83 162 Mr. Ross then reviewed the proposed budget for the three-year program. He indicated the City could change the specific projects listed in the second and third years through amendment of the program, so long as the proposed uses are allowed under the guidelines of the CDBC program and benefit the low- and moderate-income people in the target area. Commissioner Weaver noted one of the projects listed in the application is acquisition and demolition of substandard housing. He indicated the acquisition of such properties is to I be accomplished through normal market place channels, rather than through government powers. Mr. Ross stated concurrence in that statement. He noted the housing survey revealed that approximately 179 dwelling units were deemed substandard but not suitable for rehabil ita- tion. Under this proposal, approximately six to twelve' of those units would be purchased at fair market values and demolished. The property would then be sold to a developer at a re- duced price. That developer would then sign a contract guaranteeing that the housing provided on that site would be low- and moderate-income eligible. Mr. Ross noted that property in an already established neighborhood would have all of the services provided to the site and thus would eliminate up-front costs to the developer. He indicated the housing problems in Bozeman are two-fold: (1) the existence of substandard housing and (2) the shortage of housing. These problems could be alleviated through housing rehabilitation. Mr. Ross also noted that renters of units purchased under this program would be given a reasonable time to move, and the administrator of the CDBC program would assist in finding new housing. Under the Uniform Acquisition and Relocation Act, eligible low- and moderate-income persons living in the housing to be demolished would be provided funds for moving expenses and rent subsidy for up to forty-eight months. Mr. Hickey indicated the budget in the application provides $63,000.00 for relocation of tenants under th is program. Mr. Ross then suggested the City engage a private consulting firm for a period of eighteen to twenty-four months to oversee and manage the program and to train existing or new staff in the City-County Planning Department. The City would then manage the program for the remainder of the three-year period. I Mr. Ross then stated two of the banks have indicated a willingness to match CDBG funds for Section 8 housing rehabil itation at the current interest rate on a 50-50 basis. The CDBC monies would then be loaned at a lower percentage rate, negotiated by the administrator a':1d the applicant, and the two interest rates would be blended. Also, another bank has agreed to service the loans through the Community Development Block Grant program. These CDBG loans would be for a fifteen-year period; and the interest from those loans would then revert back to the CDBG program to be used within the target area. He then noted the present application provides for the rehabilitation of sixty-three dwelling units over the three-year period. He noted the rental income on those units will be subsidized for the period of the loan; and the owner must sign a contract that he will not increase the rent above that established as fair and equita.ble. Commissioner Vant Hull asked if the proposal submitted is considered on its own or if a presentation will also be involved. Mr. Ross stated that when a proposal is submitted, no further data is accepted and no presentations are permitted. Commissioner Anderson noted the application is in good form and shows extensive community support. Mr. Mike Ross and Mr. Dan Hickey then answered questions from the audience concerning the comprehensive program proposal and how various programs would function. Mr. Ross noted the rehabilitation program will work through intensive good public relations, advertising through the mass media and through established groups, such as the Bozeman Fair Housing I Coalition. He also noted this program is to revitalize a neighborhood; and once work begins, it usually snowballs and people are willing to upgrade and maintain their residences. Mayor Stiff noted that residents of Bozeman are more interested in obtaining a low- interest loans to improve their residences than in handouts. Mr. Ross then noted the application being considered in this public hearing must be submitted to the Department of Commerce by July 1, 1983. He estimated that award of projects should be forthcoming in October. He then noted the program will run from the time initial funding steps are completed for a period of thirty-six months. 06-27-83 153 Break - 8:05 to 8:10 p.m. Mayor Stiff declared a five-minute break at 8:05 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Community Development Block Grant application I Mr. John Myers, 706 East Peach Street, submitted a letter of support for the paving of streets in the northeast sector. He noted that dust is a definite health hazard; and the rutted roads are inconvenient. Mr. Myers then requested the residents in that area be allowed an opportunity to submit input into which streets are paved. Ms. Marcia Youngman, representing the Bozeman Fair Housing Coalition, noted the Board of Di rectors had submitted a detailed letter of support of the appl ication. She noted the proposal addresses many of the problems the Coalition has been discussing for the last few years. She indicated the rental housing situation in Bozeman is continuing to decline, with the rental rates increasing. She feels this type of program will turn that situation around. Ms. Youngman noted that emphasizing self-help in this program may be very helpful in making the program a success. She has talked to realtors, and they have indicated that there are people interested in investing in rental property if the proposed program is made available for rehabilitation. She also suggested the conversion of single-family residences to multi-family residences in appropriate zoning districts if they meet the criteria. Ms. Youngman noted frustration that the program does not allow new construction. She also indicated reservation about acquisition and demolition; but she feels that the relocation criteria alleviate those reservations. She then encouraged the Commission to consider low- and moderate-income representation on the neighborhood advisory boards as they are the ones most affected by the existing housing problems. Mr. Ted Koterwas, 624 North Tracy Avenue, stated he is a member of the Community Development Block Grant Committee and the Centennial Park Committee. He noted the Community I Development Block Grant Committee felt that low-income housing should be the first priority for the CDBG monies. He then indicated full support of the application. He noted that when the streets and water lines are improved, many of the remaining items will take care of them- selves because the people will take pride in their area and be willing to upgrade their residences. Mr. Koterwas then stated that some of the residents in that area have been doing volunteer work in the Centennial Park, including the trimming of trees and removal of a fence. No one was present to speak in opposition to the proposed application for the Community Development Block Grant funds. Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that due to the fact no protests have been received and due to the imminent deadline for the submission of this appl ication, the customary one-week interval be waived. The motion. carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commissioner Mathre was absent in compliance with Section 7-3-4322, M.C.A. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign the application for the comprehensive Community Development Block Grant program, to be submitted to the Department of Commerce by July 1, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. Commissioner Mathre was absent in compliance with Section 7-3-4322, I M.C.A. Adjournment - 8:35 p.m. There being no further business to come befo're the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . 06-27-83 161y Commissioner Anderson, Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: I Clerk of the Commission I I 06-27-83 ---------