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HomeMy WebLinkAbout1983-12-05 L}2 T MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 5, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, December 5, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Acting 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 special meetings of November 16, 1983; and November 28, 1983 were approved as submitted. The minutes of the regular meettngs of November 7, 1983; November 21, 1983; and November 28, 1983 were approved as corrected. Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983; October 31, 1983; and November 14, 1983; and the special meetings of November 26, 1983; and December 1, 1983, was deferred until a later date. Mayor Stiff asked if any of the Commissioners desired to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the Bargain and Sale Deed convey- ing 2.71 acres from the City to Eugene and Genevieve Graf be removed for discussion. Continued discussion - Management Letter from Coopers and Lybrand Acting City Manager Barrick stated discussion on this item had been deferred for a period of one week to allow the Audit Committee an opportunity to review the information prior to action by the Commission. Mayor Stiff stated he has spoken with the two citizen members of the Audit Committee. He noted they have reviewed the Management Letter and Director of Finance Swan's memo discuss- I i ng those items. They have both indicated they have no problems with those items listed in the Management Letter and they feel the Director of Finance's responses were well done. Commissioner Weaver noted the Director of Finance's memo indicates that some of the items I isted in the Management Letter had been addressed prior to release of the Letter. He noted there are two or three time-consuming items listed in the Management Letter and asked if those can be addressed prior to the end of the fiscal year. Director of Finance Swan stated she has talked to Mr. Nick Gray, Coopers and Lybrand, about operating manuals from other cities and accounting firms. She stated he has indicated he will find a good operating manual so that the City has a pattern for the operating manual rather than starting from scratch. The Director of Finance then stated she has maintained a file of policy memos for operations; and the operating manual will contain those policy memos as well as information that is not currently in written form. Director of Finance Swan then stated that compilation of documentation for computer programs may be more complicated and time consuming. She stated she will talk to Controller Ken Vail and Programmer Bob Schunke later this week to determine if they will be able to complete the documentation during the remainder of the fiscal year or if outside help is re- qui red. She indicated that if outside help is needed, they will estimate the amount of time and approximate cost; and she will then present that information to the Commission, hopefully next week. The Director of Finance then stated three of the items in the Management Letter involve the City Court. She noted the items listed in last year's Management Letter have been resolved I through compromise. She indicated she will meet with Judge Bryan and attempt to resolve these three items in the same manner. The Commission thanked the Director of Finance for her review of the Management Letter and expressed congratulations for the clean audit. Commission Resolution No. 2489 - accelerating delinquent SID's and certifying all delinquent SID's to the County Acting City Manager Barrick presented Commission Resolution No. 2489, entitled: 12-05-83 428 COMMISSION RESOLUTION NO. 2489 A RESOLUTION OF THE COMMISSION OF DECLARING SPECIAL ASSESSMENT INSTAIt~E~~TSY D00E ~~Zlj~AN, MONTANA, NOYEMBER 30 1983 AND UNPAID AYABLE ~i~tt~~~~SA~6:AYMENTS OF SU:iEg~E~~A~p~~I~i' 1SESL~~S'1UE~NTT 'IN~ND OF NOVEMBER 30 ;~8~ A~~~5-~~~D DELINQUENT ASSESSMENTS, UNPAID AS AND 7-12-4183, MONT ANA CODE ANNg~~~~6 P~~~U~NT TO SECTIONS 7-12-4182 I 2.32 OF THE BOZEMAN MUNICIPAL CODE.' S PROYIDED BY CHAPTER Director of Finance Swan stated the State Law provides that all SID's not paid b th ~~~,ember 3~ deadline become delinquent. She indicated this Resolution certifies those :npa~d . . s as delmquent and provides that the entire unpaid balance is due and payable. She ~n:~cat~d the Dep~rtment of Finance will send letters to those individuals with delinquent SI D's I~ ~~atmg the entire balance is due and explaining the process for reinstatement. The Directo; 0"11 ~ance then stated the list of delinquent SI D's contains some matters in litigation' and those WI e removed from the '" t b ' ". " IS ecause they cannot be certified delinquent or accelerated whir . litigatIOn. e m Acting City Manager Barrick recommended that the Commission adopt C " R ommlSSlOn eso- lution No. 2489. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2489, certifying delinquent SI D's to the County and providing that the entire unpaid balance is due and payable. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Yant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - proposed letter of support for application for Head Start Grant monies in the amount of $160,000.00 Acting City Manager Barrick presented to the Commission a request received from Jeffrey I Rupp that the Commission write a letter of support for the application for Head Start Grant monies in the amount of $160,000.00, along with a proposed letter of support. Mr. Jeff Rupp, Human Resources Development Council, stated the request is for a standard letter of support for the appl ication of Head Start Grant monies in the amount of $160,000.00. He indicated the HRDC is asking several citizens and Gallatin County to also submit letters of support for the program, indicating the need for such a program in Bozeman. He then submitted a two-page information sheet to the Commission regarding the program. Commissioner Vant Hull asked if the application for Head Start Grant monies is dependent upon use of the Beall Park Building. Mr. Rupp stated it is not. He indicated the process would be easier if the proposal for use of the Beall Park Building were approved, but stated the application process will be continued even if the proposal is not approved. The Commission then reviewed the proposed letter of support which had been presented. The Commissioners then suggested revisions to the letter. Mayor Stiff requested that Commissioner Anderson and Commissioner Vant Hull revise the letter, considering the proposed revisions submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign the revised letter of support for the application for Head Start Grant monies in the amount of $160,000.00 which is to be submitted by the Human Resources Development Council. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner I Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - proposal to contract with Gallatin County for personnel services Acting City Manager Barrick presented to the Commission a proposal to contract with Gallatin County for personnel services. He indicated the County is planning to hire a Person- nel Director in the near future and have indicated a willingness to split the time and salary on a number of personnel basis with the City of Bozeman. He also noted the proposal contains a proposed budget which indicates the City's portion of the costs for the period January 1 12-05-83 1+28 through June 30, 1984 would be approximately $6,482.25, based on the number of employees in each entity. Commissioner Anderson asked why the City would wish to consider this proposal at this time. She indicated she feels with a new City Manager being hired in the near future, the Commission should wait until one has been selected and has an opportunity to work for a few months. She noted the people who are now being considered for the City Manager position I have extensive experience with personnel; and the contracting for personnel services may not be necessary. Commissioner Vant Hull stated support of Commissioner Anderson's statement. Director of Finance Swan stated this item was discussed at the City-County cooperation meeting. She indicated the group felt that the composite group of 500 City and County employees would provide an adequate workload for a personnel officer. She stated the County will hire someone for the position because they feel they need a personnel officer. The Director of Finance noted the County has offered the personnel services to the City on a contract basis, which would eliminate any need to add to the City's personnel levels. The Acting City Manager stated this item has been discussed at the City-County co- operation meetings for about three months. He noted the City Manager felt this would be the proper time to act on the proposal if a personnel officer is to be considered for the period beginning January 1. Commissioner Vant Hull stated she feels action on this matter should be deferred until the new City Manager arrives. She also indicated she feels the City should possibly pay less than the proposed budget indicates. Mayor Stiff stated he feels it would be a courtesy to the new City Manager to defer action on this proposal. Commissioner Vant Hull noted that legislation passed during the special legislative session might create enough additional requirements for testing and interviewing that a personnel I officer may be needed. She indicated if that happens, the City should request additional funding to support the additional costs. Commissioner Weaver stated he would like to have additional information on the proposal. He indicated he would like the new City Manager to review the proposal prior to action. However, he also feels the City should attempt to cooperate with the County whenever possible. Mayor Stiff requested that this item be placed on next week's agenda for further dis- cussion. Discussion - status of matters in litigation Acting City Manager Barrick stated this item was placed on the agenda as a result of the Commission's request for an update on the status of matters in litigation. City Attorney Crumbaker-Smith and former City Attorney Planalp submitted reports on those matters currently in litigation. City Attorney Crumbaker-Smith noted the Commission must determine whether it wishes the reports to be completed verbally at the Commission meeting or submitted in writing. Also, the Commission should determine how often it wishes to receive these reports. Former City Attorney Planalp reviewed those items in litigation which he is handling. (1) Hunter (Department of Labor) versus the City of Bozeman and the Water, Sewer and Garbage Enterprise Funds. He stated an adverse opinion has been rendered in this case, stipulating that approximately $9,000.00 in back wages are due several employees of various contractors. He noted the hearing on this case was held in June 1983; and the decision is I based on the Little Bacon-Davis Act. He noted there are fundamental problems with the case, including the introduction of evidence and the fact that the Court had no basis for setting the award amount except an unsigned letter from the contractor. The former City Attorney then submitted his recommendation that the City appeal the Hunter case on those grounds. He noted the appeal must be submitted within thirty days from the notice of entry of the judgment, which he has not yet received. (2) Osterman case. The former City Attorney stated the Federal Court recently de- clined to hear this appeal. He stated the plaintiff filed State action in Gallatin County for 12-05-83 43U determination of the state zoning policy. He noted litigation of policies regarding zoning and other questions are now being conducted in the Federal Court. (3 ) Special Improvement Districts. Mr. Planalp stated three lawsuits fall in this cate- gory. He stated the discovery has been completed on two of the items and are pending for a trial date. (a) Nelson versus the City of Bozeman. This involves a lateral trunk line north of the City, west of North Seventh A venue. I ( b) Townsend versus the City of Bozeman. This case concerns the paving of Gold Avenue. He stated Mr. Townsend does not feel the benefit received from the paving is equal to the amount which has been assessed against his property. The former City Attorney stated all work has been completed on both cases, and he is awaiting a trial date. (c) Yalley Unit. This case, which involves five SID's in Valley Unit Subdivision, is now awaiting a trial date, probably in early Spring. He indicated motions to dismiss several counts of the complaint have been approved. He also stated the defense has not begun the discovery process at this time; and the plaintiff has almost completed that process. (4) Buronepe case. This involves property lying south of East Story Street, along the right-of-way for South Bozeman Avenue extended. He indicated this item will be listed on the Commission agenda within the next few weeks for discussion. The tentative settlement would dedicate the tract of land as a public right-of-way although it is not as wide as usual dedications. (5) Pending water rights decisions. There are two such cases at this time. There are basically two large objectors, Montana Power and the Bureau of Reclamation, to these two water rights transfers; and they have objected to all water rights applications in this area. The former City Attorney stated that decisions on all water rights applications comparable to the City's are pending awaiting a decision at the state level. (6) Milwaukee Railroad right-of-way. The City's purchase of a portion of the right- of-way is pending settlement of the Railroad's bankruptcy proceedings. He stated Congress has I established bankruptcy courts; and the Supreme Court feels bankruptcy courts are illegal. After that issue is resolved, action must also be taken in the Chicago District Court and the Federal Circuit Court prior to settlement. He indicated after the case is settled, the money set aside in the escrow account will be paid to the Milwaukee Railroad; and the matter will be closed. City Attorney Crumbaker-Smith then reviewed those items in litigation which she is handling. (1) Bozeman Multi-Level Shopping Center Complex Association (Bozeman Hotel) versus the City of Bozeman and others. She stated this involves a lien against the property because certain members have not paid their condominium assessments. She indicated the amount of the special assessments involved in this case is approximately $12,000.00. (2) Kwik Way versus the City. This case results from the construction of Kagy Boulevard. She noted Kwik Way feels they are entitled to a right of access to Kagy Boulevard. The permit issued for construction of the Kwik Way provided that access to Kagy Boulevard would be through the adjoining property. The City Attorney stated she has filed answers to the questions submitted, but no further action has been taken to date. (3) Jerry Prescott. He has filed for payment of interest on a Special Improvement District refund in the Justice of the Peace Court. She indicated she will file a brief on this case. (4) 4-G Plumbing and Heating versus Edsall Construction and the City of Bozeman. This company has not been paid for work on the Waste Water Treatment Plant construction; and I they have filed suit against both parties involved. She indicated she filed a motion to dismiss since the City has no contractual relationship to 4-G Plumbing and Heating. She stated no return brief has been filed; and the case has not been noticed for argument to date. S rea k - 5: 1 0 to 5: 1 5 p. m . Mayor Stiff declared a five-minute break at 5:10 p.m., to reconvene at 5:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 12-05-83 1j-31 Discussion - date and time for reorganization of the City Commission Acting City Manager Barrick submitted to the Commission a memo from City Attorney Crumbaker-Smith regarding the date and time for reorganization of the Commission when the time scheduled by State Statute falls on a holiday. The Assistant City Manager then recom- mended the Commission set the reorganization meeting on Tuesday, January 3, 1984 at 10: 00 I a.m. in accordance with the City Attorney's memo. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission set the reorganization meeting of the Commission for Tuesday, January 3, 1984 at 10:00 a.m., in compliance with Sections 1-1-307 and 7-3-4322, M.C.A., since Monday, January 2, 1984 is a legal holiday. 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. Discussion - setting special meeting to discuss City Manager selection process Acting City Manager Barrick stated the Commission had requested this item be placed on the agenda. Commissioner Weaver asked if the Commissioners wish to consider having a special meeting on Thursday or Friday to discuss the City Manager selection process and, if so, what time. The Commissioners concurred a meeting should be held, and selected 4:00 p.m. on Thursday, December 8, as the time to conduct a special Commission meeting. License - Mikels Place, 248 East Main Street - one card table and one une 30, 1 84 Acting City Manager Barrick presented to the Commission an application, along with the required fee, for a Gambling License submitted by Mike's Place, 248 East Main Street, for one I card table and one poker machine for the period through June 30, 1984. The Acting City Manager noted the investigation has been completed on the applicants and recommended that the Commission approve the application as submitted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for Gambling License submitted by Mike's Place, 248 East Main Street, for one card table and one poker machine for the period through June 30, 1984. 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. Report re housing Acting City Manager Barrick stated Commissioner Anderson had requested that this item be added to the agenda. Commissioner Anderson stated the Housing Committee has requested that the Commission indefinitely table action on their request to hire a consultant. She indicated the Committee has also removed the item from the City-County Planning Board agenda and will consider alternatives to their proposal. She indicated this item will probably be considered again after the new City Manager has had an opportunity to review housing concerns in the area. I Acting City Manager Barrick presented to the Commission a Bargain and Sale Deed convey- ing 2.71 acres located in Graf's First Subdivision, Second Filing, from the City of Bozeman to Eugene and Genevieve Graf. He stated Commissioner Yant Hull had requested this item be removed from the Consent Items. Commissioner Yant Hull asked how much land is required for parkland dedication in this subdivision. She noted this parcel seems small to meet the parkland requirements. Commissioner Mathre stated the dedicated parkland apparently provides the 1/9 parkland area required by the subdivision regulations. 12-05-83 432 The Acting City Manager indicated this item is part of a transfer of properties between the City and Mr. and Mrs. Graf due to the location of the proposed water storage tank. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Bargain and Sale Deed conveying 2.71 acres located in Graf's First Subdivision, Second Filing, from the City of Bozeman to Eugene and Genevieve Graf. 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; I those voting No, none. Consent Items Acting City Manager Barrick presented to the Commission the following items. Reminder - Commission meetings to be held on Tuesdays, December 27, 1983 and January 3, 1984, due to Christmas and New Year's holidays as per Commission policy established April 5, 1982 Report - Building Inspection Division for November 1983 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the items as listed above be approved, and the appropriate persons be directed and authorized to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Mathre and Mayor Stiff; those voting No, none. Recess - 5:30 p.m. Mayor Stiff declared a recess at 5: 30 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the scheduled public hearings. I osed site for new hospital, located east of This was the time and place set for the public hearing on the Zone Map Change requested by the Bozeman Deaconess Foundation to change the zoning from R-1 and R-2 to PLI for that section of land located in the SW!. Section 8, and NE!, Section 18, Township 2 South, Range 6 East. This location is the proposed site for the new hospital and is more commonly located east of I-Iaggerty Lane and west of Highland Boulevard. Acting City Manager Barrick recommended that the Commission open and continue the public hearing until December 19, 1983. Mayor Stiff opened the public hearing. No one spoke on the requested Zone Map Change. Mayor Stiff continued the publ ic hearing to December 19, 1983. to R-O - SE!, SW!, Section 8, This was the time and place set for the public hearing on the Zone Map Change requested by Caroline Hunt Jones to change the zoning from R-2, Residential--Single-fami Iy Medium-density District, to R-O, Residential--Office District, for that parcel of land located in the SEl, SW! of Section 8, Township 2 South, Range 6 East. This site is more commonly located on the north I side of Ellis Street and west of Haggerty Lane. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He indicated this item was considered as a consent item at the Zoning Commission meeting. He noted the subject property currently abuts R-O zoning on the north and east sides and fronts on Ellis Street. The Assistant Planner then stated the Zoning Commission adopted a resolution stating the proposed Zone Map Change is in compliance with the Master Plan and recommending approval. 12-05-83 lt33 Commissioner Yant Hull stated some recent applicants for Zone Map Changes have indicated there is little R-2 zoned property available. She asked if that should be considered in this req uest . Assistant Planner Money stated this subject parcel is an isolated parcel at the City's southern boundary of the city limits; and with the current R-O zoning on two sides, it would I be a logical extension of that zoning. He indicated with the location of the property and the current changes happening in that area, the R-O zoning would be more suitable than the present R-2 zoning. No one was present to speak in support of or in opposition to the proposed Zone Map Change. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - proposals for use of the Beall Park building This was the time and place set for the public hearing on the proposals for the use of the Beall Park building. Acting City Manager Barrick noted the Beall Park building was donated to the City by Mrs. Ella Martin on April 1, 1927, with the gift stipulation II..... that the house be used for the purpose for which it is built, namely, a community center, where young and old, of Gallatin Valley may gather and enjoy themselves and indulge in wholesome recreation ..... II The Acting City Manager then stated the City has received three proposals: (1) the Human Resources Development Council, (2) the Committee for the Arts, and (3) the Wee Friends. He then reminded the Commission that a criteria sheet for evaluation of these proposals was previously submitted, which includes the following items: 1. Meets the requirements for building use as stipulated in the gift conditions; 2. Needed community service; 3. Number of city residents to be served by the proposed use; I 4. Ability of the applicant to meet financial responsibilities in operating their activity(ies) ; 5. Does the private sector provide a similar service: If no, rate high; If yes, rate low; 6. Does the proposal require an outlay of City resources: a. Funds: If no, rate high; If yes, rate low 1. Capital (modification) 2. Operations and Maintenance b. Personnel: If no, rate high; If yes, rate low; 7. Will the City receive a rental fee: If yes, rate high; If no, rate low; 8. Is the proposed building use compatible with City use for an ice skating warming house (hours of use, etc.); 9. Will the applicant assume insurance and building maintenance costs: If yes, rate high; I f no, rate low; 10. Impact of the activity on the neighborhood; Mayor Stiff opened the public hearing. (1) Jeff Rupp, Executive Director of the Human Resources Development Council, submitted their proposal. He noted the written proposal was basically divided into two separate requests and indicated he would present them as separate proposals, with the first proposal being for administrative offices and the second being for the Head Start Program. (a) Administrative Offices for the Human Resources Development Council. Mr. Rupp I stated the community action agencies under H ROC serve Gallatin, Park and Meagher Counties and are administered through a Board of Directors. He then reviewed each of the criteria listed above, as follows: 1. He indicated this proposal would meet the gift conditions by assuring the Commis- sion that the warming house would be made available for that purpose. The only change in the structure would be to remove the temporary wall and put in a permanent divider between the warming house area and the remainder of the building, which would also increase the energy 12-05-83 431+ efficiency of the structure. He also indicated HRDC would like to make one of the rooms avail- able as a community room, for use in the evenings. 2. and 3. The H RDC provides a variety of services to senior citizens, handicapped and low-income persons through direct and indirect services. Mr. Rupp stated that every four years, representatives of HRDC talk to the people in the community and try to identify the needs of the community. After identifying available resources, H RDC attempts to fill in I deficient areas through various programs, such as the Food Bank, attempting to find low-income housing, CDBG application surveys, energy assistance, weatherization and senior transportation. He indicated approximately 2,066 low-income persons are serviced through these various p rog rams. 4. Mr. Rupp stated the H RDC will be able to meet its financial responsibilities. 5. No. 6. No. 7. Mr. Rupp indicated the structure needs major improvements, such as implementation of energy conservation measures and replacement of the existing furnace system. He indicated H RDC could utilize up to $14,000.00 of a Community Services Grant to renovate the structure on behalf of the City. He noted the estimated cost of replacing the heating system is $11,000.00; and the remainder of the grant monies could be utilized for energy improvements. 8. Yes. 9. Yes. 10. Jeff Rupp stated the majority of persons served by HRDC live in the northeast area of the city, and the Beall Park location would be more convenient than the present location. He indicated there would be some impact on the neighborhood because of additional traffic flow and parking, but it is not determinable at this time. Commissioner Vant Hull asked if the private sector could provide office space for the H RDC. Mr. Rupp stated HRDC is currently renting office space in private ownership. He noted I use of the Beall Park Building could save $20,000.00 in rent overhead expenses, which could be used in the various programs. (b) Head Start Program. Ms. Julie Hintz presented this proposal. She indicated the Head Start program contains five components: social services, education, health, parent involvement and transportation. She then reviewed the criteria listed above as follows: 1. Ms. Hintz stated the Head Start Program provides an educational program and recrea- tional activities for children as well as the parents and volunteers who become involved. She also indicated the ice skating warming house would remain available; and a community room would be available for interested groups at no charge. 2. and 3. She noted a study has indicated 273 low-income children are eligible for the Head Start Program. Ms. Hintz stated there are many child care facilities in Bozeman, but low- income people cannot afford those facilities. She stated the Head Start Program provides an educational tool and social tool as well as providing health and dental care for the child and the family. She noted the program would serve 60 to 80 children on a half-day basis and 160 par- ents, and would have a staff of 15 people if adequate funding is provided through a grant. Ms. Hintz stated the HRDC will file an application for a $160,000.00 Head Start Program grant, which must be completed by December 16, 1983. Commissioner Weaver asked how the availability of a facility will affect the grant ap- pi ication. Ms. Hintz indicated the commitment of a specific facility for the program would be beneficial during review of the appl ication. She noted any expenditure for rent will reduce the I amount of funds available for the program. Commissioner Anderson asked if the Head Start Program could utilize one room in the Beall Park Building, leaving one room open for another activity. Ms. Hintz stated the Head Start Program could utilize the kitchen and two upstairs rooms, leaving one basement room open for another activity. 4. She indicated the program would be able to meet its financial obligations. 5. Answered above. 12-05-83 I 3 r- t . ~ 6. No. 7. Yes. She indicated they are considering a minimum rent of $200.00, or capital improvements similar to those listed in the previous proposal could be considered. She in- dicated a portion of the capital improvements could be covered in the grant application, or other resources available through H RDC. 8. Yes. I 9. Yes. 10. Ms. Hintz indicated the proposed Head Start Program would have basically the same impact on the neighborhood as the Bozeman Nursery School. Mr. Rupp stated that historically Head Start Programs utilize churches because kitchen facilities are usually available. He indicated that option does not appeal to the Board of Directors because use of a specific church facility may cause fewer children to attend, thus reducing the services provided through this program. Mr. Rupp then indicated he feels 40 to 60 children would participate in the Head Start Program, which could utilize the kitchen and one upstairs room, leaving one room in the basement and one room upstairs open for another activity if the Commission so desires. He then noted the grant application for this program covers a four-year period. Mayor Stiff asked why the Board would object to use of a church facility. Jeff Rupp stated (1) the philosophical separation of church and state and (2) the specific religion housed in a structure are the reasons for objection. He noted the Beall Park Building would be ideal for this program and is located within the target area. Mr. Rupp then indicated the rooms would be open to the public for evening activities. He also indicated of the two proposals, the Head Start Program is the one which H RDC would rather see accepted for the Beall Park Building. B rea k - 7: 50 to 7: SSp. m . I Mayor Stiff declared a five-minute break at 7:50 p.m., to reconvene at 7:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - proposals for use of the Beall Park building (2) Mr. George Mattson, Committee for the Arts, submitted their proposal. He presented a slide show of various arts centers in the state. He indicated the Committee for the Arts was formed approximately 2t years ago and has been seeking a suitable location for an arts center in Bozeman. He then reviewed each of the ten criteria, as follows: 1. Mr. Mattson indicated he feels this proposal meets the gift conditions for this building. He noted an arts center would allow participation by young and old. He indicated activities would include exhibitions, teaching, performing arts, drama, music, literature, creative writing and poetry readings, which would be done for recreational purposes. 2. He stated there are arts centers located in some towns with populations of only 1,000; and the Committee for the Arts feels a center is long overdue in Bozeman. He noted that besides providing recreation, the center would provide cultural activities and clean indus- try. 3. Mr. Mattson noted all city residents could be served by an arts center. 4. He indicated the Sweet Pea Festival has pledged $15,000.00 to start an arts center in Bozeman. He stated in-kind pledges for professional services and long-term loans of various items for crafts have been made. 5. He stated no private arts center provides the proposed services at this time. I 6. a. Mr. Mattson stated the proposal includes a renovation contribution by the City to correct the existing deficiencies, including the furnace system, energy conservation measures and handicapped access, at a cost of $5,000.00. He also indicated the City would be responsible for the operations and maintenance of the structure and grounds, as well as insurance on the facility. He then submitted to the Commission a detailed budget for the establishing of an arts center in this building. b. No. 7. He indicated he does not feel the consideration of a rental fee is in compliance with 12-05-83 43C the gift conditions on the building. He noted the condition is that the building be used for wholesome recreation, with no inference that it provide the City with a source of revenue. 8. Yes; the ice skating warming house would be maintained. 9. Covered in Item No. 6 above, as well as the detailed budget. 10. Mr. Mattson stated the arts center will provide a positive, uplifting addition to the northeast side of Bozeman. He noted the facility will provide a wide range of recreational opportunities for the community and will stimulate and encourage enjoyment of the arts. He I then indicated this proposal is the only one submitted which meets the gift conditions and the Zone Code. Ms. Eleanor Crank, member of the Montana Institute of the Arts, stated the MIA has 70 to 80 members and has no place to hold workshops for the general public or to hold meetings. Mr. Richard Helzer, Steering Committee for the Sweet Pea Festival, stated approval of an arts center in the Beall Park Building would provide an opportunity for the Sweet Pea Committee to put some of the profits from its activities back into the community. He noted one of the most difficult items for the Festival is finding a place for the art exhibitions; and the art community has always had problems finding places to conduct art shows. Mr. Ray Campeau, part-owner and Director of the former Ketterer Arts Center, stated that Center was private during its thirteen years of operation. He stated the equipment which was acquired for that operation is now in storage; and a long-term loan of that equipment could be made. Mr. Campeau stated there is a need for an arts center in Bozeman, which the Ketterer Arts Center partially filled when it was open. He then asked those present in support of the proposed arts center to raise their hands. Approximately one-half of those present raised their hands. Ms. Carol Smith, President of the Board of Di rectors for the Loft Community Theatre, read a letter of support from the MSU Theatre Arts Department. She indicated the Loft Community Theatre has been without a home for four years; and they could utilize a portion of the Beall Park Building for storage, administration and rehearsals, with the presentations to be given in I a large outdoor tent. Ms. Nina Alexander, representative of the photographers, stated an arts center is needed in Bozeman. She indicated a lot of talent, interest, equipment and energy are located in this community; and it is difficult to combine those items with no center available. Ms. Kathy Thompson, Bozeman Weavers, stated there are 51 weavers in Bozeman who would support and use an arts center if it were available. Ms. Linda Brock, Fred Willson Society for professional architects, stated support for the arts center. She indicated the Society has pledged architectural services to improve the building to meet building codes and make the structure acceptable for use as an arts center. Mr. Derek Pruitt, 4-H area photography leader for Gallatin County, stated he personally feels development of an arts center could provide a work area for those interested as well as an area for exhibits, including 4-H members. Commissioner Anderson asked if the Committee for the Arts would consider the possibility of sharing the Beall Park building with another group, such as the Head Start Program. Mr. Mattson stated he does not feel the arts center and Head Start Program would be compatible. He also indicated the arts center will utilize all of the space available in the building. Commissioner Vant Hull noted the proposal by the Committee for the Arts includes a $5,000.00 contribution from the City for renovation of the structure. She indicated the City is faced with budget constraints and asked if the Committee would be willing and able to complete the necessary building rehabilitation. I , Commissioner Weaver asked if the cost of utilities will be borne by the Committee for the Arts. Mr. Mattson indicated they will be. He noted the arts center is not anticipated to open until late Spring or Summer if this proposal is accepted by the Commission. Commissioner Vant Hull asked if the Committee for the Arts would carry insurance on the art objects in the center. Mr. Mattson stated the Committee will carry exhibit insurance on all art work at the arts center. 12-05-83 ,.' .. 1+3l Commissioner Vant Hull then asked if any portion of the building would be available for use by the general public. Mr. Mattson indicated the art gallery section of the arts center will be in the north room on the main level, which would be securable from the rest of the building. He noted the south room could then be utilized by the public. I Mr. John Barsness stated he has run a community arts center in the past. He indicated insurance is available through the American Museum Association for a reasonable fee. Commissioner Anderson asked how funding for operation of the arts center will be ob- tained. Mr. Mattson indicated fund raisers will be utilized. He noted the budget for operation of the center is conservative. Ms. Brock noted there are no community facilities on the north side of Bozeman except for a minimum number of schools and the senior center. She noted most cultural or recreational facilities are located around the University campus and serve the south side better than the north side of the city. Ms. Brock indicated that development of an arts center wi II draw people to the north side. Commissioner Weaver asked if there is any alternative location for the proposed arts center. Ms. Brock stated the Committee does not know of any alternative locations. Mr. Campeau stated an arts center can bring people together. He noted Bozeman also needs the service which can be provided by an arts center. Mr. Rick Thompson, 408 North Bozeman Avenue, stated his wife surveyed ten to twelve of the neighbors in the immediate area, and the majority indicated they would like to see an activity which would do the most good for the most people. He stated he personally feels the proposal submitted by the Committee for the Arts would best meet that desire, as well as the gift conditions on the building. Mr. Thompson stated there wi II be concerns about the traffic I impact on the neighborhood from any activity which is held in that building. He indicated the quality of life in the immediate area and safety of children using the park must be considered. Mr. Fred Shields, 503 North Bozeman Avenue, stated he does not feel use of the building for administrative offices would meet the gift conditions listed. He also noted several people have indicated the northeast section of town contains a majority of the low-income people; then noted several people live in that area by choice and would like to see it remain the way it is. Mr. Shields then stated he feels the proposed art center would be a good use for the Beall Park building, provided all of the park area is still available for use by residents of the neighborhood. Break - 9:00 to 9:05 p.m. Mayor Stiff declared a five-minute break at 9:00 p.m., to reconvene at 9:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - proposals for use of the Beall Park building Mr. Rich Penzener, graduate student in Art at MSU, stated Bozeman is gaining attention in the art world. He stated if an arts center is established, people will come to this area and possibly buy art work as well as contribute money for shows. Ms. Marie Gambill, resident across the street from the park, stated one of the things she is most concerned about is traffic. She indicated a lot of people use Beall Park; and if the activity selected for this building creates a lot of traffic, it will create a hazard for children in I the neighborhood who use the park. Ms. Gambill then stated she does not feel either HRDC proposal should be selected for use of the building. Mr. John Barsness, north side resident, stated he supports use of the Beall Park building as an arts center. (3) Wee Friends. Ms. Jennie Kelly, Director of the Wee Friends Child Care Coopera- tive, submitted their proposal to the Commission. She indicated one of the goals of the Wee Friends proposal is to provide for use of the building as much of the time as possible. She noted the Wee Friends, a parent cooperative, would utilize the building during weekdays, with 12-05-83 438 the children occupying one large room on the main floor and the infant center occupying the other large room; and it would be open for meetings and social events during the evenings and weekends. She reviewed the listed criteria, as follows: 8. The ice skating warming house would be maintained as it is. 7. Ms. Kelly stated the applicants have estimated the costs for water, sewer, heat and lights at $206.00 per month. She then stated the proposal from the Wee Friends includes rent at $300.00 per month to cover those costs, with the City maintaining responsibility for payment I of those items. Ms. Kelly stated the infant center will not be in operation during the first six months and suggested that the rental during that period be $150.00 per month. 9. Ms. Kelly indicated the Wee Friends carries insurance to cover the parents and children. She then suggested that the City cover the cost of insuring the building itself. 6. Ms. Kelly stated the Wee Friends would apply for a grant to cover the costs of replacing the furnace and insulating the building. She indicated the City would be responsible for the roof, heating, plumbing and structural problems. She noted the contract could be re- negotiated every two years. 2. Jennie Kelly indicated a number of parents would like to be involved in their child's education. She stated Wee Friends was the first child care cooperative in Montana to open for full-day service. She noted that in the cooperative, the parents become involved in running the school. Also, the Wee Friends stress educating and taking care of the children's needs. Ms. Kelly indicated there is a minimum of one teacher for six children in the cooperative. She also noted the provision for infant care is inadequate; and the infant care facility should alleviate some of that problem. She noted the infant care center cannot function alone because state regulations require one adult per three infants. Ms. Kelly noted that being a cooperative helps defray some of the costs incurred; and they have received good response from the community. Ms. Kelly indicated that on evenings and weekends, the rooms would be available for meetings as well as for childrens' groups and social activities at no cost to the public. 3. Jennie Kelly stated the infant center wi II have a capacity for twelve infants. She indicated the program will probably provide care for six infants on a full-time basis and twelve I infants on a half-day basis, making a total of eighteen infants receiving day care. Ms. Kelly stated there are currently 45 people involved in the Wee Friends program, which also has eighteen children enrolled. She then indicated with the two programs, approximately 200 people would benefit. She estimated that 20 people would benefit from the ice skating warming house; and 175 people have expressed interest in the use of a meeting room in the Beall Park building, totalling a minimum of 428 people who would benefit from this proposed use of the building. She also indicated proposed workshops on parenting would increase the number of persons who would benefit from the Wee Friends program. 1. Ms. Kelly indicated this program would provide a place for learning, recreation and growth for infants, parents, and those in between. She noted this program was initiated four years ago and involves grass root people in Bozeman. She also stated parents are a group of people who are not usually addressed. Mayor Stiff asked how the group perpetuates itself. Ms. Kelly stated that as one parent leaves, it opens a space for another parent. She indicated they have a waiting list. Ms. Patricia Claus, Co-Director and one of the teachers of the Wee Friends, emphasized three components of the proposal: (1) Wee Friends is a parent cooperative; (2) provision of an infant center and meeting room; and (3) the cooperative is an entity of its own. She stated the teachers organize the program and provide educational services; and the parents keep the cooperative running. She noted Bozeman needs full-day care for children with working parents; I and those parents are selective about the day care facility for their children. She indicated the parents are provided an opportunity to work at the cooperative two hours each week and be a part of the day care process. Ms. Claus stated that the parents grow as well as the children by being involved in the Wee Friends. She noted at the present time, no infant care center or parent growth programs are provided other than through the Wee Friends. Ms. April Bahn, faculty member at MSU School of Nursing, stated she has three chi Idren involved in the Wee Friends Child Care Cooperative, which keeps the children together and 12-05-83 It 39 maintains the sibling relationship. She noted the cooperative addresses five areas: (1) parent support, (2) educational process for children, (3) speaker availability, (4) a parent library, and (5) cooperative involvement for the parent. She noted the parent support helps make the transition to becoming a parent easier; the education of children is a special task; the library provides books which can be signed out; and the cooperative involvement among parents can be I beneficial. She noted the parents conduct fund raisers to bring in speakers and organize activities, which is beneficial for parenting. Ms. Kathy Brunsvold, parent, stated because everyone involved is concerned about their children's welfare, they work hard to maintain a secure, family-oriented environment. She stated the most important aspect of the program is parent involvement, although the nutritional and educational aspects are also important. She indicated the Wee Friends provides an extended fami Iy atmosphere. Ms. Gwen Massey, counselor for Second Story, stated the Gallatin Council supports the Wee Friends program. She indicated her daughter attends the Wee Friends and stated support for the proposal. Ms. Barb Babb, Bozeman Day Care Association, stated there are currently three types of day care facilities: (1) in homes for a maximum of six children with no less than three children under two years; (2) group homes for a maximum of twelve children, with six children under two years; and (3) day care centers for over twelve children, with no children under two years old. She stated there are currently no licenses for infant care centers in Bozeman; and there are seven group homes and twenty day care facilities. She then indicated that in- adequate care of children is a concern for working parents. Dr. George Rice, MSU Psychology Department, stated students participate in the Wee Friends, both working at the facility and writing papers. He noted this facility provides a unique experience for the MSU students and provides a learning experience on the value of play for children. I Ms. Jackie Cline, MSU Psychology student, stated the Wee Friends provides not only hands-on psychology experience for the MSU students, but information on being a parent as well. Commissioner Vant Hull asked how the present location of the Wee Friends facility compares with the Beall Park building. Ms. Jennie Kelly stated the present bui Iding is relatively small. She stated that use of the Beall Park building would allow an increase in the number of children and an increase in the recreational activities provided, as well as the infant care center. Commissioner Vant Hull then asked what the charges are for the Wee Friends. Ms. Kelly stated the cost is $8.50 per child for a 10-hour day, which is equal to or less than most child care facilities charge. Mayor Stiff asked how people who work full-time can find time to work two hours per week at the Wee Friends. Ms. Kelly stated there are a variety of items the parents can do, including cleaning the school or items which can be completed outside the day care, such as grocery shopping. Commissioner Weaver noted the presentation indicates this is a cooperative involving children and parents, not a low-income group. Ms. Kelly stated the Wee Friends contains persons with a full spectrum of incomes and includes single-parent families as well. She indicated over 50 percent of those involved in the cooperative fit the low-income guidelines; and some receive low-income assistance, but all pay the fees charged by the cooperative. I Ms. Claus asked that those who support this proposal raise their hands. About 1/3 of those in the room raised their hands. Mr. Dennis Jordan, taxpayer, stated he feels all of the proposals are good, but he is not certain any of them involves an adequate number in the community to meet the criteria stipulated when the building was donated. He noted the building will be leased for an extended period of time and suggested that the Commission wait and see if additional proposals are sub- mitted. He also stated the impact on the neighborhood must be considered, noting this is an integral part of the community. Mr. Jordan also noted the area is zoned R-3; and none of the proposals submitted meets the zoning requirements. 12-05-83 lt4 U Acting City Manager Barrick indicated the staff will review the question of the zoning for Beall Park prior to next week's meeting. Ms. Julie Hintz stated one of the major components of the Head Start Program is trans- portation. She noted transportation for many of the children involved would be provided by busses, which would reduce impact on the neighborhood. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Adjournment - 10:20 p.m. I 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 12-05-83