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Home My WebLink About1983-10-17 348 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 17, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 17,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I 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. The minutes of the regular meeting of October 11, 1983, were approved as corrected. Action on the minutes of the regular meeting of October 3, 1983, was deferred for a period of one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - construction of lay-down curbs in the downtown area This was the time and place set to open the bids for the construction of lay-down curbs in the downtown area. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the bids for the construction of lay-down curbs in the downtown area be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. The following bid was then opened and read: I Total Bid Concrete Specialties, Inc. Bozeman, Montana Contractorls License No. 4215-A $11,500.00 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid be referred to staff for review and a recommendation to be submitted later in the meeting. 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. Request - permission to conduct Christmas Stroll on Friday, December 2, 1983, 5: 00 to 10: 00 p.m. - Bozeman Downtown Business Association City Manager Evans presented to the Commission a request on behalf of the Bozeman Downtown Business Association to conduct a "Christmas Strol jll on Friday, December 2, 1983, from 5: 00 to 10: 00 p. m. City Manager Evans noted Main Street is maintained by the State Highway Department; and they must authorize closure of the street. City Manager Evans then stated a letter had been received from the local office of the Montana Highway Department which stated the office will not authorize closure of Main Street for the requested length of time. The letter also noted no adequate detour route around Main Street between Rouse Avenue and Third Avenue can be provided for larger trucks; and a detour must be provided if a State-maintained highway is closed for an hour or more for other than an emergency or during hazardous conditions. I Commissioner Weaver suggested that the City call the Montana Highway Department and indicate that uniformed police officers .will be stationed at critical intersections to provide an adequate detour route for larger trucks. Commissioner Vant Hull stated she had contacted Mr. Dick Miller at the local office and then Mr. Ken Rapp at the Butte Division Office. She stated Mr. Rapp indicated the matter could be pursued in the State Highway Department office in Helena. He suggested that the Commission write a letter, indicating how important the event is for the community spirit. ~ 10-17-83 349, Commissioner Anderson noted the requested time of closure is longer than last year's. She suggested the time be shortened to the same as last year's, rather than seeking closure for an extended period of time. She also stated concern that closure of Main Street at 5:00 p.m., when people are going home from work, could create a bottleneck. Ms. Laurie Schultz, Christmas Stroll Chairman. stated the Bozeman Downtown Business Association had requested closure of Main Street from 6: 00 to 9: 00 p. m. last year. She noted I they had difficulty closing Main Street at 6:00 p.m., and did not reopen the street until 9:30 p.m. becau'se of pedestrian traffic in the downtown area. She stated they would accept closure of Main Street from 6:00 p.m. to 9:00 p.m. if the State Highway Department will approve the shorter time span. Ms. Schultz noted the Christmas Stroll activities are scheduled to begin at 5: 45 p. m. Commissioner Weaver expressed concern about the early date set for the Christmas Stroll. He noted it is more than three weeks before Christmas. Ms. Schultz stated they had faced scheduling problems when setting the date. She noted the proposed date does not conflict with any MSU home basketball games or with the MSU finals week. She noted there is quite a bit of University participation scheduled in this year's Christmas Stroll. Mr. Sam Kimbrell, Executive Dj rector of the Chamber of Commerce, stated he feel s the City should own Main Street and have control of the street at all times. He also stated he does not feel large trucks should be using Main Street as a truck route because they can create a hazardous situation, especially for children, elderly and handicapped. Mr. Kimbrell stated he feels the City should pursue the matter and determine what options the City has to gain control of Main Street. Commissioner Vant Hull suggested the possibility of establishing Jack Rabbit Lane and 1-90 as the designated truck route and letting the State Highway Department retain control and maintenance of Main Street. She noted if there were a designated truck route, the Highway I Department would probably approve closure of Main Street for city activities more readily. City Manager Evans stated he feels the concerns expressed are real and should be addressed. He stated he feels the Technical Advisory Committee should address the matter and submit its recommendation to the State Highway Department. He noted that TAC should review possible alternative truck routes and determine if an adequate truck route can be provided with the existing streets or if additional streets must be constructed. Director of Public Service (Works) Holmes stated the Transportation Plan refers to a truck route and recommends that a study should be performed to determine if an acceptable truck route is available or could be constructed. He noted the project is also listed in the City Manager's Recommendation for the Capital Improvement Program. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct Commissioner Vant Hull to draft a letter to the State Highway Department requesting approval of the closure of Main Street from 6:00 p.m. to 9:00 p.m. on Friday, December 2, 1983, for the Christmas Stroll. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor to write a letter to the Technical Advisory Committee requesting that they review all possibilities for establishing an alternative truck route. 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 I voting No, none. Discussion - request from Jerry Prescott re refund on SID No. 502 City Manager Evans presented to the Commission a request on behalf of Jerry Prescott regarding a refund on SID No. 502. City Manager Evans noted the Commission had received copies of the City Attorney's opinion, which indicates the City has no clear authority which would enable it to pay interest on amounts refunded from Special Improvement District assess- ments. The City Manager recommended that the Commission consider this opinion when reaching a decision on Mr. Prescott's request. 10-17-83 . 35U Mr. Prescott stated he had given his presentation at last week's meeting and has no additional information to submit. He reiterated that he feels the City should pay interest on the refund. Mayor Stiff stated the refund from Special Improvement District No. 502 is paid through funds in the SID No. 502, not from the City's General Fund. He stated that payment of interest on a refund would take money from someone else's refund within the same district. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request submitted by Mr. Jerry Prescott for payment of interest on his refund for SID No. 502. 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. Continued discussion - extension of Conditional Use Permit for Klondike Planned Unit Develop- ment - Robert Pearson City Manager Evans stated the Commission had received copies of the City Attorney's opinion concerning the Commission's legal authority for granting an extension to a Conditional Use Permit. He noted if the Commission has the legal authority to grant an extension, it must consider what equity the developer has in the project at this time. City Attorney Crumbaker-Smith stated the Commission must also consider whether circum- stances for the subject site have changed since the Conditional Use Permit was approved. If the circumstances have not changed, the Commission could extend the original Conditional Use Permit. If the circumstances have changed, the Commission may have a valid reason for changing some of the conditions on the original Conditional Use Permit. Commissioner Weaver stated concern that circumstances could have changed enough that the Commission might be tempted to consider placing conditions on extension of the Conditional Use Permit that would benefit the City or another developer at the expense of the applicant. The Commissioner then asked what type of equity would be required to consider extension of I the Conditional Use Permit. City Attorney Crumbaker-Smith stated the general understanding is that once construc- tion has begun and the foundations are in, the applicant has a vested right, and the City would not be in a position to modify the conditions placed on the original Conditional Use Permit. In this case, the developer has invested some money in the project but has not begun construction. Mayor Stiff noted many intangibles, such as engineering and architect's drawings, become as much a part of the project as the physical construction. He stated concern about the possibility of not considering the intangibles as equity in the project. Commissioner Vant Hull stated the Planning Staff has indicated that conditions have changed sinced the original Conditional Use Permit was approved. Mr. Steve Ungar, Attorney for Mr. Robert Pearson, stated the method of financing this five-phase commercial Planned Unit Development has changed. He stated that originally the financing was through a syndication in Billings. Due to recent changes in the laws, which make syndicated financing less attractive, that financing disintegrated. Mr. Pearson has just recently received new financial backing. Mr. Ungar noted the original Conditional Use Permit was granted in 1981 and extended into 1982. Mr. Pearson received financial backing from the Manhattan State Bank in August 1983 and has recently received financing from the Montana Bank of Bozeman for Phase I of the Klondike Planned Unit Development. Also, Mr. Ed Dahlberg, Administrator of the Bozeman Deaconess Hospital, has indicated he is aware of, and supports, the development. Mr. Ungar I stated that Mr. Pearson has invested over $100,000.00 in the project to this point. He then stated that in September, Mr. Pearson received a letter from the Planning Director stating that if he had received a financial commitment for the project, the Planning Staff would recommend an extension for the CUP. Mr. Ungar stated the possible requirement to expand the 60-foot right-of-way to an aD-foot right-of-way through the center of the development has been suggested, due to the proposed location for the Hospital. He stated the Assistant City Manager has questioned the 10-17-83 351 equitability of requiring a 7-acre parcel project to provide a collector street for a 500-acre parcel project. Mr. Ungar indicated that Mr. Pearson has pre-sold two buildings. If those buildings are not completed by next year, Mr. Pearson will breach two contracts and will be open to lawsuits and increased risk. I B rea k - 5: 1 5 to 5: 20 p. m . Mayor Stiff declared a five-minute break at 5:15 p.m., to reconvene at 5:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - extension of Conditional Use Permit for Klondike Planned Unit Development - Robert Pearson Mr. Ungar stated a stream runs through the project, and a 310 Permit must be obtained. He stated Mr. Pearson has completed the 310 Permit process; and failure to grant an extension of the Conditional Use Permit will probably cause that permit to lapse. Commissioner Vant Hull stated the memo from Assistant Planner Mike Money dated Sep- tember 2, 1983 indicates the developer must enter into an Improvements Agreement. She noted the letters submitted by the banks do not meet this requirement. Mr. Corbin Ross, Architect, stated that usually an Improvements Agreement is required if not all improvements are installed prior to occupancy of the building. He stated in this case, the Planning Staff has indicated they will accept letters from the banks since the Improvements Agreement would be for an extremely large sum of money. Planning Director John Moss stated the letters submitted by the Manhattan State Bank and Montana Bank of Bozeman are not security. He stated the Planning Staff realizes that Mr. Pearson has spent time on this project. Mr. Moss noted the Conditional Use Permit is about to expire; and he told Mr. Pearson if he could demonstrate that he has financial guarantees, he I would recommend extension of the Conditional Use Permit. The Planning Director stated he feels there have been significant changes since the original approval was granted, but he is willing to support an extension. Commissioner Weaver asked City Manager Evans to submit his recommendation. The City Manager stated he feels the developer does have an equity in the project. He recommended that the Commission should make a decision on extension of the Conditional Use Permit. Commissioner Anderson asked if extension of the Conditional Use Permit might set a precedent. Commissioner Weaver noted that if reasons for granting of the extension are provided, it will minimize the setting of any precedent. Commissioner Mathre stated there are other considerations that have not been mentioned. She stated that conversation with the Planning Staff has revealed other issues, such as the general health, safety and welfare of the community. She stated she does not feel the Commission has sufficient information to evaluate the matter. The Commissioner also questioned if failure to require a collector street at this time could create a bottleneck at some time in the future. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve a one-year extension of the Conditional Use Permit for KIondike Planned Unit Development for the following reasons: (1) the applicant has, through substantial obligation of resources, evidenced his intent and good faith to proceed with the project; (2) the applicant has relied on assurances of staff that would lead him to believe that his good faith efforts I would lead to approval; and (3) there is no evidence that circumstances have changed signifi- cantly. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commis- sion table action on the requested extension. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. 10-17-83 352 Discussion - water study report prepared by Engineering Officer Neil Mann City Manager Evans stated copies of the water study report prepared by Engineering Officer Nei I Mann have been distributed to the Commissioners. Commissioner Anderson stated she is concerned because the study repeatedly indicates there is no data available, limited data available or the data is inconsistent. She also noted the streams, particularly Bozeman Creek, should be monitored. She indicated a minimum of twenty I years' data is required to establish a proven water use. Engineering Officer Neil Mann stated he found bits and pieces of stream flow data on Bozeman Creek, but it was not sufficient to make a statistical analysis. He noted a site for a stream gauge exists, although in a state of disrepair, through an agreement between the City and the Forest Service. He noted access to the site is limited during the winter months since it is accessible only by walking or on snowshoes; and neither party has time to maintain the facility adequately so that adequate stream flow measurements can be obtained. He indicated to obtain adequate records, the gauge must be checked at least once a month. The Engineering Officer noted that the devices in the Farmers Canal are monitored. on a weekly basis whi Ie there is water in the canal. Engineering Officer Mann then indicated there is no stream flow gauge in Lyman Creek. He noted the City has water rights for the first 238 inches of water; and there are only short periods of time when the stream flow exceeds that amount. Commissioner Anderson noted the Engineering Officer has indicated an in-depth study should be completed, possibly through an engineering consultant. She suggested that hiring of a consultant be done through a competitive bidding process since expertise in water rights and water resources is necessary. The Engineering Officer stated a firm with diversity in water resources engineering should be considered for the study since many different sources of water must be considered. He indicated the consultant should review all potentials for water acquisition. He also stated he feels time is of the essence in getting a report completed. I Commissioner Anderson stated she feels repair of the water transmission system and water conservation are important. Commissioner Weaver asked if the City has the technical capability to complete a study. Engineering Officer Mann stated the staff does not have the time required to complete such a study. He then indicated the City has 13,000 acre feet of water rights on paper but, realistically, the City realizes use of approximately 6,600 acre feet annually. He indicated how much is overflowed into the creek and how much is wasted cannot be determined at this time. Commissioner Weaver stated the cost/benefit relationship of a study must be determined prior to making a decision on conducting a study. He also noted cost restraints must be con- sidered. Commissioner Anderson noted there are limited funds for the Capital Improvement Program. She asked if appropriation of monies for a study should be considered at this time or if it should be deferred until the next budget cycle. City Manager Evans stated since the proposed study is to be conducted on water resources, the Water Enterprise Fund should support the costs of the study. He indicated the staff could review the existing water rates and determine whether enough revenues are generated to cover the costs of the study. If the current rates would not support the study, the rates could be increased. The City Manager also stated the law does not preclude the City's using General Fund monies to support the Water Fund, if so desired. Commissioner Weaver noted the important item to be considered in such a decision would I be the determination if the study would provide a general community benefit or a rate payer benefit. Commissioner Anderson stated a central data system for the state is needed and sug- gested that a network of information be implemented. Commissioner Weaver suggested that a study committee be appointed to set priorities for a consultant to review. 10-17-83 353 Recess - 6:05 p.m. Mayor Stiff declared a recess at 6:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. I Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Continued public hearing - Conditional Use Permit - Gene Cook - allow a PUD at intersection of Kagy Boulevard and South Eleventh Avenue extended This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Gene Cook to allow a Planned Unit Development on a 13. 96-acre tract of land located in the SWL Section 13, Township 2 South, Range 5 East. The site is more commonly located in the southwest quadrant of the intersection of Kagy Boulevard and South Eleventh Avenue extended. City Manager Evans stated the Zoning Commission opened and continued the public hearing for a period of one month at the recommendation of the Planning Staff, until all information has been submitted for this application. He noted that on September 19, 1983 the City Commission opened and continued its public hearing for a period of one month. The City Manager then indi- cated the Zoning Commission has not submitted a recommendation on the request and recommended the Commission open and continue the public hearing until a recommendation is received from the Zoning Commission. Mayor Stiff opened the continued public hearing, and continued the public hearing until a recommendation is received from the Zoning Commission. Public hearing - Zone Map Change - R-3 to R-O - Bill and Helen Walters - Tract 9A, E! NW-k of SW-k, Section 12, T2S, R5E, MPM l1612 West Babcock Street) I This was the time and place set for the public hearing on the Zone Map Change from R-3 to R-O requested by Bill and Helen Walters on Tract 9A, Ei NW-k of SWL Section 12, Township 2 South, Range 5 East. MPM. This site is more commonly located at 1612 West Babcock Street. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He indicated the requested R-O zoning is in compliance with the current and proposed Master Plans. He also stated the R-O zoning would not be considered spot zoning and would expand potential use of the property to include offices as well as the existing density of residential development. He also noted the R-O zoning would create a buffer between the existing medium-density residential development and the B-2 development across West Babcock Street. The Assistant Planner then stated the Zoning Commission has recommended approval of the Zone Map Change. Mr. Bill Walters was present. No one spoke in support of or in opposition to the grant- ing of the requested Zone Map Change. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Code Amendment - define dish antennas as an accessory use in Section 18.04.020 and change from "accessory buildings" to "accessory buildings and structures" in Section 18. 50. 11 0 This was the time and place set for the public hearing on the Zone Code Amendment to define dish antennas as an accessory use in Section 18.04.020 and change from "accessory buildings" to "accessory buildings and structures" in Section 18.50.110. I Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the proposed Zone Code Amendment clarifies the placement of dish antennas in all zoning districts. He indicated there is currently no restriction on the placement of accessory bui Idings. The Assistant Planner stated the Zoning Commission has recommended approval of the Zone Code Amendment. Commissioner Vant Hull asked if any complaints have been received about dish antennas. 10-17-83 354 Assistant Planner Lere stated the Building Inspector has addressed questions about plac- ing dish antennas in the front yard for use in advertising. Mayor Stiff asked about the erection of dish antennas on top of bui Idings. The Assistant Planner stated dish antennas cannot be placed on buildings because they would not meet the height requirements in the various residential zones. He then indicated there is a 14-foot height restriction from the ground on all accessory buildings. Commissioner Anderson asked if existing dish antennas will be grandfathered. I The Assistant Planner indicated they will be allowed to remain. He stated there are a number of dish antennas; and the Building Official will make a list of those locations. Mayor Stiff noted if cable television fees escalate, a number of people may wish to install dish antennas. He asked if the proposed Zone Code Amendment will preclude placement of dish antennas on some of the lots within the city limits. Assistant Planner Lere stated the amendment would prohibit the placement of dish antennas in the front yard or within the side yard setbacks, which will limit the number of possible locations but should not eliminate the possibility of installation. He noted the critical item to be considered in placement of a dish antenna is the direction from which the signal is transmitted. No one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Continued discussion - water study report prepared by Engineering Officer Neil Mann Mayor Stiff stated the possibility of drilling wells to provide water has been mentioned. Engineering Officer Mann stated he is unsure of the volume which must be provided if a well is to be used as a portion of the municipal water supply. He indicated the drilling of wells and transmission from the wells to the water treatment plant could dramatically increase the cost of the water to the consumer. Commissioner Anderson stated the possibility of making holes in an area south of town I and flooding those sites for water storage has been mentioned. The Commissioner then suggested that the Commission conduct a public hearing and solicit all types of input on various water sources. Mayor Stiff indicated issues such as the Lichtenberg water rights and possible re- construction of Mystic Lake Dam should be resolved prior to pursuing alternative water sources. Commissioner Mathre noted the Commission will face decisions on annexation issues in the near future; and the issues concerning water have not been resolved. She also noted the DNRC decision could influence future Commission decisions on annexation requests. Commissioner Weaver asked about the status of Mystic Lake Dam. Engineering Officer Mann stated if the City gets winter water rights in HyaIite Creek and the Lichtenberg water rights, the City's current water problems would be resolved. He then noted if Mystic Lake Dam is reconstructed, the cost of the water will be between $100.00 and $125.00 per acre foot. He also indicated instream or pretreatment storage could help the City now and in the future. Mayor Stiff asked if improved efficiency and the water saved through such measures have been included in the report. The Engineering Officer stated he has suggested that through recapturing or conserva- tion, the City could increase its available water. He indicated no significant change in available water is anticipated through installation of the new water main because the current leakage in the system is not known. Commissioner Anderson asked about the improvement of Hyalite Reservoir Dam. I Engineering Officer Neil Mann stated the State of Montana owns the dam structure and the water rights, and sells the water to various users. He indicated the State has sought proposals to determine what measures should be taken to improve the safety of the dam and the feasibility of raising the dam. He noted if the dam is raised, the State will seek users for the water, possibly before the dam is raised. Commissioner Weaver asked Mr. Mann if he would be willing to prepare a preliminary Request for Proposals and a cost/benefit ratio, and how long it would take. 10-17-83 355 Engineering Officer Mann stated it would take at least a month to prepare the pre- liminary RFP. City Manager Evans suggested if the Commission is considering public input, an outline might be better than an RFP. He noted information could be added to the outline as input is received. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission direct the staff to prepare an outline for a Request for Proposals and that it be submitted to the Commission within thirty days in anticipation of public input leading to preparation of a formal Request for Proposals concerning development of alternative means of enlarging beneficial water resources for the City. 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 moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the staff to set the date for a public forum to which people interested in water in the community will be invited and that the staff furnish those individuals with copies of Engineering Officer Neil Mann's report for discussion, with the date to be sub- mitted at next week's meeting. Commissioner Mathre stated she is not opposed to conducting a public hearing on the issue. However, she feels the Commission is unclear on how to proceed at this time and should wait until a procedure is developed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the above motion be tabled. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver and Commissioner Vant Hull. Award bids - construction of lay-down curbs in the downtown area I City Manager Evans stated the staff has reviewed the bid submitted by Concrete Specialties and noted it exceeds the amount set aside for this project by $300.00. The City Manager then recommended that the Commission award the bid to Concrete Specialties and indicated the staff will submit a budget amendment for the additional $300.00. Assistant City Manager Barrick stated the weather will influence how much work can be completed this fall. He indicated the work not completed this fall will be finished in the spring when the weather will allow. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the bid for construction of lay-down curbs in the downtown area be awarded to Concrete Specialties, Inc., Bozeman, Montana, in the amount of $11,500.00, it being the only bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2470 - Garbage Assessments for Fiscal Year 1983-84 City Manager Evans presented Comm ission Resolution No. 2470, entitled: COMMISSION RESOLUTION NO. 2470 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL I CODE. City Manager Evans stated the Commission provisionally adopted Commission Resolution No. 2470 on August 29, 1983 and conducted the public hearing on September 19, 1983. He indicated this Resolution establishes the base rate for residential garbage collection at $52.00. The City Manager also stated at last week's Commission meeting, the Commission did not adopt Commission Resolution No. 2486, establishing the base rate at $46.00, and had tabled action on a motion to adopt Commission Resolution No. 2470 for a period of one week. City Manager Evans then recommended that the Commission finally adopt Commission Resolution No. 2470. 10-17-83 35G Commissioner Vant Hull stated she cannot support adoption of Commission Resolution No. 2470 because there are too many unanswered questions in the background information for the Resolution. Mayor Stiff noted the City has indicated it should act as an entrepreneur in adminis- tering the Garbage Fund during the past four years, but no action has been taken. He then indicated he does not support the Resolution. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission finally adopt Commission Resolution No. 2470, establishing the garbage assessments for Fiscal Year 1983-84. 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. Commission Resolution No. 2471 - Landfill fees effective October 1, 1983 City Manager Evans presented Commission Resolution No. 2471, entitled: COMMISSION RESOLUTION NO. 2471 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL City Manager Evans stated the garbage assessments in the above Resolution were based on the landfill fees established in this Resolution. He then recommended the Commission finally adopt Commission Resolution No. 2471. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Commission Resolution No. 2471, establishing the landfill fee schedule. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Weaver and Commissioner Anderson; those voting No being Commissioner Vant Hull and Mayor Stiff. Break - 8:00 to 8:10 p.m. I Mayor Stiff declared a break at 8:00 p.m., to reconvene at 8:10 p.m., in accordance with Commission established at their regular meeting of March 14, 1983. Discussion - City Manager's proposal for the Capital Improvement Program City Manager Evans submitted to the Commission the City Manager's proposal for the Capital Improvement Program, dated September 30, 1983. He stated the staff has recommended three schedules be considered for immediate appropriation and indicated the Commission may accept those recommendations or select any of the other items listed in the proposal. The City Manager stated the Commission does not need to consider future commitments at this time, but should consider only the immediate appropriation. City Manager Evans stated many capital items are needed because monies have been appropriated for operations and maintenance during the past few years rather than for capital purchases. He noted the last major capital purchase was a fire engine, which was almost five years ago. He also noted if replacement items are not purchased, the maintenance costs on the old equipment will increase dramatically; and some equipment, such as the ladder fire truck is old enough that replacement parts may be difficult to find or unavailable. City Manager Evans then stated the critical needs for which monies are available should be considered for funding at this time. Commissioner Vant Hull asked if all requests submitted by the department heads are included in the schedules or if some of the items have been eliminated. City Manager Evans stated some of the requests were omitted. I Commissioner Vant Hull stated she feels the Commission should review all requests which have been submitted. The City Manager indicated a list of those requests which were omitted could be pre- pared for the Commissioners. Commissioner Vant Hull then noted when the Commission adopted the Commission Reso- lution establishing the Capital Improvement Program, the question of Commission representation and citizen input was discussed. She noted neither Commission nor citizen input has been submitted to date. 10-17-83 351 City Manager Evans recommended that the Commission consider Schedule Nos. 5 and 7 of the General Fund and Schedule No. 1 of the Enterprise Funds for this appropriation period. Commissioner Anderson asked if the $750,000.00 revenues from timber sale would be a continuing source of income for the CI P. City Manager Evans stated it would not. He noted it takes several years to reforest an I area once the timber has been harvested. Commissioner Weaver asked if the various department heads will submit their rationale for . requesting various items during the public hearing. The City Manager indicated he is prepared to submit reasons for the items which the staff has recommended for appropriation at this time. Commissioner Mathre noted there are items about which the Commissioners are concerned, e.g., water inventory or energy conservation, which the staff may not have included in the requests for funding and 'indicated those items could be submitted during the public hearing. The Commissioner then noted part of the schedules listed in the City Manager's proposal depend upon funding currently available and part of the schedules depend upon the re-enactment of Federal Revenue Sharing monies. She also noted the Commission has the opportunity to select other items for funding' after conducting the public hearing. Commissioner Vant Hull indicated she feels the Commission should conduct the public hearing before adopting the Tentative Appropriation Ordinance for the Capital Improvement Program. The City Manager stated the Commission can conduct a public hearing on any item it chooses. He noted the normal budget procedure is to adopt the Tentative Appropriation Ordinance and then conduct the public hearing. City Manager Evans then recommended that the Commission adopt the Tentative Appropriation Ordinance for the Capital Improvement Program and set October 31, 1983 as the public hearing date. It was moved by Commissioner Vant Hull that the Commission set the public hearing date I on the proposed Capital Improvements Program for October 31, 1983. The motion failed for lack of a second. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt the Tentative Appropriation Ordinance for the Capital Improvement Program and set the public hearing date for October 31, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Acknowledge receipt of proposals submitted for use of Beall Park Building City Manager Evans reminded the Commission that the Beall Park Building was donated to the City with specific conditions for use of the building. He stated he has referred the three proposals to the City Attorney for review to determine if they conform with the stipulated conditions. He noted if all three proposals meet the stipulated conditions, the Commission must determine which use is most appropriate. Commissioner Weaver asked what mechanism the Commission should use to determine which use would be the most appropriate. City Manager Evans stated the Commission could make a decision based on the proposals submitted or could request additional information from the applicants during a discussion period. The Commission requested a determination on the legality of the uses listed in the three proposals from the City Attorney, to be submitted at next week's meeting. I City Manager Evans also requested that the City Attorney review the legality of leasing City facilities. It was moved by Commissioner Weaver, seconded by Commissioner Vant -Hull, that the Commission acknowledge receipt of the proposals for use of the Beall Park Building submitted by Wee Friends, Human Resource Development Council and the Committee for the Arts. 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. 10-17-83 358 It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission direct the City Attorney to prepare an interpretation of the constraints in the covenants of the Beall Park Building gift and to address the legality of leasing a City building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - proposed letter to Interim Study Committee #4 re the "Crabtree Decision" I City Manager Evans stated Commissioner Vant Hull had requested this item be placed on the agenda. Commissioner Vant HuII stated she feels it is appropriate for the Commission to write a letter or individual letters to the members of Interim Study Committee #4 regarding the "Crabtree Decision." The Commission concurred that the individual Commissioners would write letters to the members of Interim Study Committee #4 regarding the "Crabtree Decision." Discussion - deadlines for placement of items on the Commission agenda City Manager Evans stated Commissioner Vant Hull had requested this item be placed on the agenda. Commissioner Vant Hull stated the Commissioners do not seem to observe the Wednesday noon deadline for placing items on the agenda for the following Monday meeting. She indicated she does not feel the Wednesday noon deadline is reasonable if a Commissioner wishes to place an item on the agenda which does not require staff review or input and stated initial action on some items should not wait ten days to meet the deadline for the next Commission meeting. She then suggested the deadline for those items not requiring staff review or input should be Friday noon for the following Monday's meeting. The Commissioner stated the Commissioners will avoid asking the staff any embarrassing questions on those items which have been placed I on the agenda with no requirement for staff review. Mayor Stiff stated he had thought the deadlines for placement of items on the agenda applied to the staff and the public. He noted the Commission must have the option of placing items on the agenda to meet the concerns of its constituents. He then stated support of the Friday noon deadline. The Mayor also indicated the Commission must be sure the constraints of the Open Meeting Law are met. City Manager Evans stated the common interpretation of the Open Meeting Law indicates that if items for discussion are added to the agenda after it is published, that action may violate the Law. He noted some of the press has recently indicated their support of that interpretation of the Law. The City Manager then stated some of the items placed on the agenda by the Commis- sioners may requi re staff research. Commissioner Weaver noted problems have arisen in the past from adding items to the agenda. He stated the Commissioners cannot place items on the agenda and expect the staff to respond during the Commission meeting without an opportunity to review the matter. City Manager Evans stated if all items placed on the agenda by Commissioners between the Wednesday noon and Friday noon deadlines require no staff input prior to or during the Commission meeting, he will support the deadlines. Continued discussion - public education program on self-government powers Commissioner Weaver reviewed the presentations made during the past week. He stated I the concerns for the demands on the property tax and the small number of people providing financial support for those taxes are important to consider. He noted fairness and equity must be stressed during the public education program. The Commissioner also indicated he remains optimistic that the electorate wi II approve sel f-government powers. Commissioner Vant Hull reviewed the presentations she had made during the past week. She indicated she does not share Commissioner Weaver's optimism. Commissioner Weaver then stated the important point to be submitted in all presentations is that the Commission unanimously adopted the Resolution placing the issue of self-government . 10-17-83 359 powers on the ballot. He also noted the fact that the Commissioners are not using taxpayers' monies to fund the public education program has provided great benefit. The Commissioner then encouraged the Commissioners to submit articles of not more than 200 words to the Chronicle regarding self-government powers. I Ordinance No. 1144 - Zone Code Amendment - allow mobile homes as a permitted use in the R-S. R-2=A and R-3 Zoning Districts and as a Conditional Use in the AS Zoning District City Manager Evans presented Ordinance No. 1144, as prepared by the City Attorney, entitled: ORDINANCE NO. 1144 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.04.190, 18.04.370, 18.12.020, 18.18.020, 18.20.020, 18.52.140 AND ADDING SECTION 18.50.220, OF TITLE 18 OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR CERTAIN DEFINITIONS AND STANDARDS FOR MOBILE HOMES AS A CONDITIONAL USE IN THE AS, AGRICULTURAL SUBURBAN, ZONING DISTRICT, AND AS A PERMITTED USE IN THE R-S, RESIDENTIAL--SUBURBAN COUNTRY ESTATES; R-2-A, RESIDENTIAL--SINGLE FAMILY MEDIUM DENSITY; AND R-3, RESIDENTIAL--MEDIUM DENSITY, ZONING DISTRICTS IN THE CITY OF BOZEMAN, MONTANA. City Manager Evans stated the Commission has previously approved the Zone Code Amend- ment and provisionally adopted the Ordinance. He then recommended that the Commission finally adopt Ordinance No. 1144. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Ordinance No. 1144, amending specified sections of the Zone Code to allow mobile homes as a permitted use in the R-S, R-2-A and R-3 Zoning Districts and as a Conditional Use in the AS Zoning District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Pledged Securities as of September 30, 1983 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Mathre and Mayor Stiff had examined the receipts of Depository Bonds and Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The Depository Bonds and Securities were found to be in order. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Depository Bonds and Pledged Securities be approved and a list of these set forth as follows: DEPOSITORY BONDS AND SECURITIES As of September 30, 1983 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00 MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 30,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 100,000.00 Gallatin Co, MT, Ser 1978 Airport Auth. 8.00 1/01/86 70.000.00 Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00 I NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01'/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 I 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 II -50,000.00 State of WA Ser A GO 5.60 4/01/89 II 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 II 100,000.00 Bozeman, MT, GO 4.70 1/01/90 II 45,000.00 Bozeman, MT, GO 4.80 1/01/91 II 45,000.00 10-17-83 36U Bozeman, MT, GO 4.90 1/01/92 " '" 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 " " 115,000.00 \VA St Ser R GO 5.40 4/01/93 " " 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 " " 75,000.00 Maryland Var Purp 4.30 11/15/85 " " 50,000.00 TOT AL - First Bank - Bozeman $1,832,000.00 FIRST SECURITY BANK - Bozeman I Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg., Mont. Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 5.20 12/30/84 3823 2,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 18, 1 00.00 5.50 12/30/86 3825 18, 1 00.00 5.20 12/30/84 3826 18,100.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00 City of Bozeman, Gallatin Co., MT; S. I. D. Bonds #560 7.40 1/01/96 6570 21,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00 Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00 City of Polson, Lake Co., I MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 " " 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County 5.1. D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK 149545 120,000.00 Bozeman, MT, S .1. D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Trusteed with Northwestern National Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOT AL - First Security Bank - Bozeman $2,192,300.00 MONTANA BANK - Bozeman I Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/84-86 H951 18,750.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/83 H28329 12,600.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 10-17-83 . 361 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/84-87 H958 16,800.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/85-89 Hl020 6,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 Snohomish; Co., WA, GO Admin. Bldg. I & Parking Fac. Bd. 1970 4.70 1/01/84 H29472 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/84 H29971 3,750.00 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/83-87 H694 12,500.00 New York City V 187 6.50 1/15/85 H731 10,000.00 New York City R 187 6.50 1/15/85 H729 90,000.00 Sub Total - Montana Bank of Bozeman - Bozeman $ 354,125,00 Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.95 7/10/86 200,000.00 U.S. Treasury Notes 9.25 5/15/84 300,000.00 TOT AL - Montana Bank of Bozeman - Bozeman $ 854,125.00 I FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapolis: U. S. Treasury Notes 10.625 7/31/85 9893 200,000.00 U.S. Treasury Notes 9.625 2/28/85 9886 100,000.00 Federal Nat'l Mtg Assn Residential Fin. 10.45 9/05/84 9078 300,000.00 U.S. Treasury Bills 12/29/83 9172 150,000.00 U.S. Treasury Bills 5/17/84 9444 50,000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 800,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Di rp.ctor of Finance as security for the deposit for the City of Bozeman funds as of September 30, 1983, by the several banks of Bozeman and approve and accept the same. ALFRED M. STIFF, Mayor JUDITH A. MATHRE, Commissioner I KENNETH L. WEAVER, Commissioner ANNE F. ANDERSON. Commissioner MARY B. VANT HULL, Commissioner 10-17-83 362 The motion ca~ri~d by the fOllowing Aye and No vote: those voting Aye being Commissioner Weaver, ~omm'sslOner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff' those voting No, none. ' ' Consent Items - I study It was moved by Commissioner Vant Hull, seconded by Commiss"loner A d h . " n erson, t at the CommIssIOn approve the Consent Items as listed above and authorize and d,"rect th " e appropriate persons to complete the necessary actions. 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. B rea k - 9: 1 0 to 9: 20 p. m . Mayor Stiff declared a break at 9:10 p.m., to reconvene at 9:20 p.m., in accordance with Commission pOlicy established at their regular meeting of March 14, 1983. Work session - review of criteria and procedure for review of City Manager applications City Manager Evans and Assistant City Manager Barrick were excused from this portion I of the meeting. Commissioner Weaver stated he has reviewed and revised the tally sheet, and submitted copies of the revised tally sheet to the Commissioners. He then suggested that the Com- missioners vote on a policy to be used in evaluating the applications which have been received. The Commissioner then submitted the following items for consideration: (1) any applicant with an aggregate score of 0 on anyone of the six factors shall be deemed not minimally qualified; (2) any applicant with an aggregate total score of 100 or less shall be deemed not minimally qualified; and (3) if no applicant scores above 100 points, the Commission will readvertise the position. Commissioner Weaver then indicated any Commissioner would have the power to keep any application in those to be considered, even though it may not meet all three of the proposed criteria. City Attorney Crumbaker-Smith stated support of Commissioner Weaver's proposed points. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt the following three criteria for initial scoring of the applications received for the position of City Manager: (1) any applicant with an aggregate score of 0 on anyone of the six factors shall be deemed not minimally qualified; (2) any applicant with an aggregate total score of 100 or less shall be deemed not minimally qualified; and (3) if no applicant scores above 100 points, the Commission will readvertise the position. 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. City Attorney Crumbaker-Smith was excused from the meeting at 9:40 p.m. I The Commissioners conducted a dry run on reviewing applications, using applications from a previous selection process. Following the dry run, the Commissioners briefly reviewed the results. Commissioner Weaver noted it is important to remember than during the initial screening of the applications, the Commissioners are determining those applicants who are not minimally qualified for the position. 10-17-83 363 The Commissioners then indicated they will begin checking out packets of applications immediately after the Clerk of the Commission has prepared those packets. They also indicated they will attempt to complete initial review of all of the applications prior to next Monday's meeting. I Adjournment - 10:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I I 10-17-83