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HomeMy WebLinkAbout1982-06-07 UU~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 7, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 7,1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of May 24, 1982 were approved as corrected; and the minutes of the regular meeting of June 1, 1982 were approved as submitted. None of the Commissioners requested that any of the items I isted under Consent Items be removed for discuss ion. Open bids - janitorial services for Municipal Complex and Carnegie Building This was the time and place set for opening bids for janitorial services for the Muni- cipal Complex and the Carnegie Building. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. The following bids were then opened and read: Municipal Complex Carnegie Building Total Bid Custom Clean, Belgrade, MT $ 2,498.85/mo. Captain Clean, Livingston, MT $1,046.00/mo. $ 703.00/mo. $ 1,749.00/mo. I Linda Zent, Bozeman, MT $12,000.00/yr. Spic-an-Span Cleaning Center, Bozeman, MT $ 1,835.00/mo. Nelson's Building Maintenance, Bozeman, MT $ 1,400.00/mo. Guardian Building Maintenance, I nc., Bozeman, MT $16,800.00/yr. Davis Maintenance, Bozeman, MT $ 557.50/mo. $ 175.00/mo. $ 722. SO/mo. Kept Swept Building Maintenance, Bozeman, MT $l,500.00/mo. $ 485.00/mo. $ l,985.00/mo. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to Staff for a recommendation to be presented at next week's regular Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Release of Improvements Agreement for Phase II of Woodbrook Development City Manager Evans presented to the Commission a request for release of the I mprove- ments Agreement for Phase II of Woodbrook Development. Planning Director John Moss stated that the conditions set forth for this Planned Unit Development have been met, except repair of two areas with slight drainage problems. He noted that repair of these areas would probably require hauling of top soil, leveling and seeding. Mr. LeClair, developer, has indicated that he will repair these two low places. Planning Director Moss noted that the Improvements Agreement is recorded with the plat and I must be released by the City Commission to clear the property title. Commissioner Mathre asked how long the developer has had to remedy the situation. Mr. Moss stated that the Planning Staff inspected the site approximately two or three weeks ago. Mr. John Parker, resident in the Woodbrook Development, stated that the residents have noticed depressions in the back yards since last summer. They have suggested to Mr. 009 LeClair that these depressions should be filled, and some work has been done, but two low places sti II remain where the water stands. Mr. Parker noted that these places should be filled in before the Improvements Agreement is released. Mr. John Braaksma, resident in the Woodbrook Development, noted that the yards have settled because a lot of dirt was moved. He noted that Mr. LeClair has spent a lot of money on landscaping but has let these two low spots remain. He stated that this could be a I serious problem in the future, because if the developer does not repair the areas, the Homeowners Association wi II have to. Mr. Braaksma requested that the Improvements Agreement be held unti I the dirt has been put in. Planning Director John Moss stated that Phase II of the Woodbrook Development is very close to acceptable. He feels that it would be reasonable to give the developer two weeks to fill in the low spots. City Manager Evans recommended that the Commission delay release of the Improvements Agreement for two weeks to give the developer an opportunity to satisfy the property owners. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission delay action on the release of the Improvements Agreement for Phase II of Wood- brook Development for a period of two weeks. 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 - application format for Boards and Commissions Mayor Stiff stated that the Commission has adopted an application process for boards and commissions. He noted that six positions will need reappointments or new appointments on June 30. He stated that Mr. Parker did not fully complete the application form and pre- sented to the Commissioners copies of that application. The Mayor stated that he has spoken with Mr. Parker on several occasions about this matter. Mayor Stiff noted that the appl ica- tion process is being used and stated that he does not feel that he can consider this appli- I cation without the Commission acting on it. Mr. John Parker stated that he accepted the request from then Mayor Edmund Sedivy to serve on the Library Board for five years. He stated a wi llingness to serve when asked, but he doesn't feel that he wants to push himself to the point of making an application for this type of appointment. Commissioner Vant Hull suggested two alternatives: (1) establish a policy that it is not necessary for a standing member of a board or commission to complete an application form or (2) permit a City Commissioner to complete an application form for a standing member of a board or commission. Commissioner Anderson stated that, if the Commission is going to keep the application format, Mr. Parker should be requested to fill out the application. She noted that the Com- mission must be consistent. She feels that the application must come from the individual. She noted that completion of the application form, by incumbents as well as new applicants, is in keeping with the process established. Commissioner Mathre does not feel that a Commissioner should complete an application form for another person. She does not see the purpose of filling out an application for some- body who has already served, because the Commission already knows that person's capabilities. Commissioner Weaver noted that the application form contains a statement showing a willingness to serve and signed by Mr. Parker. He stated that this could be declared as an application by the Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission accept and consider the application form as submitted by Mr. John Parker for reappointment to the Library Board. 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. Appointment of two members to committee for CDBG Program Commissioner Weaver submitted Mr. Robert o. Evans, 604 South Willson, who conducts ,. .i' UJ..J a business on Main Street, and Ms. Jean Perkins, 534 North Rouse Avenue, a practicing artist and resident of the northeast sector, as possible members of the Citizens' Committee for the Community Development Block Grant. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's additional appointments to the Citizens' Committee for the Community Development Block Grant as follows: Mr. Robert O. Evans I Ms. Jean Perkins 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. Update on status of Mystic Lake Dam project Commissioner Weaver asked if the discharge rate and the fill rate at the reservoir are equal. City Engineer Van't Hul stated that when the Water Department checked the dam on Saturday, the water had about seven to eight feet before it reaches the area of the leak. With little snow left, the staff must monitor the dam so that it can be closed in time to fill the reservoi r. Unless a big storm arises, the dam should not create any problems this year. City Manager Evans asked Mr. Jim Moore if he has had an opportunity to meet with the irrigators to determine their position on repairing the dam. Mr. Jim Moore, Attorney, stated that he has not had an opportunity to meet with the irrigators as a group; however, he has talked with some of them individually. Mr. Moore noted their concerns about possible Forest Service requirements. He spoke with the Forest Service, and they indicate that their requirements would be minimal for breaching of the dam, and could be limited to smoothing out of the sides of the canyon, with little reclamation. Until all of the information is available, the irrigators do not know if they would be willing to consider that possibility. Mr. Moore requested that a decision on this matter be tabled until I information is available on the costs of abandoning the dam. He also noted that the State has indicated that State funding should be available for repair of the dam. Mayor Stiff asked if the height of the dam were increased and the capacity were in- creased, would the increased capacity be the City's. Mr. Jim Moore feels that the increased capacity would be the City's entirely. He noted that the irrigators do feel they need their present water level for dry years, and they recog- nize the City's need for additional water. Mayor Stiff noted that he has spoken with several people during the past week. The general consensus is that the City cannot afford to breach Mystic Lake Dam and lose the water supply. Mr. Moore feels that the dam should be saved. He noted that breaching of an existing dam would not be acceptable politically. Mr. Moore suggested that application for federal monies be considered. He stated that he has spoken with Mr. Mike Miles from Congressman Max Baucus' office and a gentleman from Congressman John Melcher's office. They need the costs for breaching and for repair of the dam to consider federal monies. Mr. Moore noted that the engineers indicate, while there are problems with the dam's location and structure, the likelihood that it will go out in the near future is not very great. City Engineer Van1t Hul stated that under the existing State policy, the City would be eligible for up to $320,000.00 in State funding, which is 20 percent of the $1,600,000.00 available in that funding. The remainder of the monies could be borrowed at 12t to 14 percent, and costs would be borne by both the irrigators and the City. He ag reed that the Bozeman I Creek Water Usersl Association must look for money elsewhere. The City Engineer noted that if the dam were to go out, which is unlikely, the water would come down the valley slow enough that he does not anticipate any serious flooding. City Engineer Van't Hul stated that he has submitted an application and supplementary data for State funding. He noted that the City has approximately a month to six weeks to make a final decision and change the applica- tion if necessary. 011 Commissioner Vant Hull asked if there is a possibility of clear cutting in the area on Forest Service land that could cause silting. City Engineer Van1t Hul stated that the area was clear cut in 1959 when Yellowstone Pine had a contract with the City, and no sediment erosion has taken place. He also noted that the City can use Mystic Lake water when the Hyalite Lake watershed is producing silting conditions. I Commissioner Mathre asked if the Forest Service is going to conduct a timber harvest. City Engineer Van1t Hul stated that last winter the Forest Service tried to get bids on a timber sale but were unsuccessful. He noted that the type of process to be used would be expensive, and no one is harvesting the less expensive timber, let alone the timber requiring more expensive methods of harvesting. This matter will be placed on the agenda when further information on costs and possible funding have been received. Request - variance to sign code - Silver Image Photographics - wood sign at 23 North Tracy City Manager Evans presented to the Commission a request for variance to the sign code on behalf of Silver Image Photographics for permission to place a wood sign at 23 North Tracy. Building Official Gene Yde stated that a wood sign is not permitted in the downtown area. He noted that the requested sign would be installed against the building wall and would project only six inches over the sidewalk. Commissioner Mathre asked if a hazard would be created by granting this request. Bui Iding Official Gene Yde stated there would not be any additional hazard. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Silver Image Photographics for permission to place a wooden sign on the building located at 23 North Tracy. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - authorization to transfer from SID Revolvin Fund to various SID Funds for pa ment 0 coupons - 21,526.90 City Manager Evans presented to the Commission a request for authorization to transfer $21,526.90 from the SID Revolving Fund to various SID funds for payment of coupons as fol- lows: SID No. Amount 605 $ 6,146.94 610 694.86 614 90.74 619 863.15 620 630.00 626 678.71 627 1,335.00 629 3,816.25 630 4,837.50 634 1,470.00 635 666.25 638 297.50 TOTAL $21,526.90 The City Manager noted that it is necessary to transfer from the SID Revolving Fund I to various SID funds if the assessments have become delinquent. He noted that the SID Re- volving Fund has been established to back up such delinquencies as necessary. He recom- mended that the Commission authorize this transfer of funds. Mayor Stiff asked what interest is charged where developers are using money from the SID Revolving Fund through delinquencies. City Manager Evans stated that there is no additional cost to the property owners or developers in this process. u:~ Director of Finance Swan noted that in the past SID's were estimated prior to being finalized. The City is now finalizing SID's after they have been legally cleared, in keeping with State Statutes, which have put some of the SID's off schedule. Thus, some of the coupons are becoming due and payable before the first assessment has been levied. City Manager Evans stated that S I D's were not properly handled in the past. The cash flow was not considered when the bonds were floated, which does create problems. Mayor Stiff asked if every good business practice is being used in monitoring and coi- I lection of the SID assessments. Director of Finance Swan noted that the State Law is being followed. She noted that the City is investing money in Special Improvement Districts at 14 percent, but the Revolving Fund can charge only 10.25 percent interest. She noted that all means allowed by State Law are being followed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for transfer of $21,526.90 from the SID Revolving Fund to various SID funds, as listed above. 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 - proposed open container ordinance City Manager Evans presented to the Commission a draft of the proposed open container ordinance, along with an application form. Commissioner Vant Hull asked why the $100.00 deposit was removed from the application form which she had proposed. She asked if the City could hold the deposit until the person comes to pick it up, and then collect the suggested $10.00 to cover the record keeping in- volved. Commissioner Weaver noted that a deposit could be incorporated later if found necessary. Commissioner Mathre noted that a cost is involved in processing any appl ication. She also noted that a fee is usually included in the filing of an application. I Mayor Stiff stated that he does not feel that the ordinance or application form elimi- nates the problem. He noted that consideration of the application is to be handled by the Director of Public Safety, rather than the Police Department. He does not know if the Commission should perpetuate an ordinance that is not considered enforceable. Commissioner Vant Hull stated that it is important to have the ordinance. She noted that a waiver must be provided, and a method of handling requests for waivers must be es- tablished. Commissioner Anderson suggested that the process be established without a charge. If a problem emerges without a fee, then a fee can be included. Commissioner Weaver noted that the use of parks needs to be regulated and policed. He feels that the City needs to extend the capability of policing if it is needed. He a I so noted that the writing of citations for open container violations is a judgment call by the police officer. If the Commission desires more stringent enforcement of the ordinance, it should let the Police Department know. Mayor Stiff stated that he had two concerns: (1) people say they are being singled out; and (2) the Police Chief does not feel waivers should be granted, and the matter should be discussed with him prior to a final decision. City Attorney Planalp noted that the issue was raised when the Commission was granting exceptions and waivers without criteria. He noted that the proposed application would pro- vide that groups of 75 or under be handled at the administrative level, and groups of 75 or more be handled by the Commission. The City Attorney stated that the Commission must con- I sider whether or not the standards provide for consideration of a waiver. City Manager Evans noted that if he denies a request for a waiver, the group would have the right to present its case to the Commission. He noted that a bad record or a pos- sible enforcement problem would be reasons for denial. City Attorney Planalp suggested that a penalty clause be included in the ordinance. 013 City Manager Evans recommended that action on the ordinance be delayed for a period of one week so that the City Staff may research the matter and prepare an ordinance in final form. Mayor Stiff requested that the matter be placed on the agenda for next week's meeting. Information Item - reminder - joint City Commission and Zoning Commission luncheon - I June 9, 1982 City Manager Evans reminded the Commissioners of the joint City Commission and Zoning Commission luncheon to be held at the Baxter Hotel at 12: 00 noon on Wednesday, June 9, 1982. Recess - 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. for public in- terest items and completion of routine matters not yet dealt with. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of dis- cussing items of public interest and completing routine matters not yet dealt with. Public hearing - vacation of 20' by 30' alley bordering on south line of Peach between Wallace and Ida This was the time and place set for a public hearing on a petition submitted by Mrs. Claudine S. Nash, representing the estate of Alfred B. Schnider, for vacation of a 20-foot by 30-foot alley between the east line of Lot 6 and the west line of Lot 7 and Lot 4, BLock 7, Babcock and Davis Addition. The site is located along the south line of Peach Street, be- tween Wallace Avenue and Ida Avenue. Mayor Stiff opened the public hearing. I Assistant City Manager Barrick stated that when the Babcock and Davis Addition was platted, this 20-foot by 30-foot area was platted as an alley. This area has not been used as an alley; however, immediately west of this dedicated alley is an access which has been used for many years to gain access to the rear of the Gee property, located west of the Schnider property. The City Engineer has recommended that the dedicated alley be vacated, subject to dedication of a 15-foot by 59-foot deeded access to the rear of the Gee property. This suggested deeded access would be a 4-foot by 59-foot strip from the Schnider property and an 11-foot by 35-foot strip from the Long property located immediately west of the Schnider property. Mrs. Claudine Nash, personal representative of the Alfred B. Schnider estate, stated that Mr. Gee has approached them about a 4-foot easement. The estate attorney, Mr. Hal Bolinger, stated that Mr. Gee should deal with the buyer of the estate property, which is currently on the market. Mrs. Nash also stated that she feels that she should consult the attorney, who is not present at this hearing. City Manager Evans stated that he is not sure that the City should be involved in the negotiating process for an easement. City Attorney Planalp stated that, as presented to the Commission, representatives of the Schnider estate are requesting vacation of a 20-foot by 30-foot dedicated alley; and the City Staff is recommending granting of the request, subject to Mr. Gee's acquiring access to the back of his property. The City Attorney noted that management's position is that the parties involved negotiate the access, without the City's involvement. I Mayor Stiff continued the public hearing for a period of two weeks. ht service warehouse This was the time and place set for a public hearing on the request on behalf of Mr. Neal Ganser for a Conditional Use Permit to construct eight service warehouse facilities on Lot , j. u...... .. ~... . 11, Bomont Center Subdivision, and is more commonly known as 1408 Gold Avenue. The area is zoned M-1-T-4. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented slides of the site and the Staff Report. Mr. Money noted that during the review process, the Staff found that the information presented on the plat was incorrect. The Zoning Commission conducted the public hearing and recom- mended approval subject to accurate plans being presented to the Planning Staff for review I and approval prior to City Commission review. I f the new plans were not received, the Zoning Commission recommended disapproval of the request. Mr. Money noted that the new plans had been received and presented them to the Commission for review. The Assistant Planner then presented the Planning Staff's recommended conditions for approval of the Conditional Use Permit. He noted that the appl icant has requested that Condition No.4, which applies to the return of the stream bank and grass on Lot 10 to its original condition, be extended from being completed prior to issuance of the Conditional Use Permit on Lot 11 to being completed at the same time that Lot 11 is completed. This would allow Mr. Ganser to use the dirt from Lot 11 to fill in Lot 10. Commissioner Mathre stated that she does not recall establishing any conditions which are contingent upon fulfillment of another Conditional Use Permit. She questioned whether the matter should be addressed during this Conditional Use Permit hearing. City Attorney Planalp stated that the goal of the Staff is correct. He noted that the suggestions address the problem and the remedy at the same time. The City Attorney stated that Lot 10 and the stream bank along Lot 10 must meet required standards. Mr. Neal Ganser, applicant, stated that he intends to fill the stream bank along Lot 10 and put in rocks. He stated that no trees were removed from the stream bank along Lot 10, and he does not wish to put any trees in because the offices face that direction and he does not wish to block the view to the east. He stated that the stream bank was mostly dirt with some concrete slabs. Mr. Ganser stated that he wishes to continue the stream bank at the same level through Lots 10 and 11. I Commissioner Mathre asked the appl icant if he would accept the conditions set forth by the Planning Staff. Mr. Ganser stated that he has no problems with the conditions. He stated that he has shortened the building to fit on the lot properly, decreasing the number of units from eight to six. Planning Director John Moss suggested that the design and materials to be used for riprapping the bank on Lot lObe approved by the District Conservationist and City Engineer prior to the issuance of the Conditional Use Permit on Lot 11. No one was present to speak in opposition to the request. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. and dwellings on Lots This was the time and place set for a public hearing on the request on behalf of Mr. Ernest Terry for a Conditional Use Permit to construct a worm farm and dwellings on Lots 17-21, Block 119, Northern Pacific Addition, more commonly known as 417 East Peach Street. The property is zoned M-1, and currently contains a single-family dwelling and garage. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. He noted that this property is located on the north side of Peach Street, just east of the creek. The proposal is to build worm beds and operate a wholesale and retail business, which is allowed in an M-1 zone. The I garage would contain the business office and a cooler. A building for storage of refuse and possibly worm food was suggested by the City Engineer. The worm beds must be set back a minimum of ten feet from the creek bank to avoid contamination of the creek. The Planning Director stated that front yard parking for a wholesale business is not allowed, and this is the only possible area for parking. Further, parking cannot be located so that a person must back onto a street. He noted that the request for variance to the 015 parking requirements must be made to the Board of Adjustment, which will be another month. The applicant wishes to begin construction of the worm beds while waiting for the Board of Adjustment meeting. The applicant is aware that the Board of Adjustment could deny the request. Mr. Ernest Terry, applicant, stated that parking would be no problem now. If he be- gins construction of the worm beds now, the wholesa Ie and retai I business would not begin I until September. Mr. Terry noted that he had a worm farm on North Rouse for five years. No one was present to speak in opposition to the request. Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the customary one-week interval be waived because no protests were received and because of the seasonal character of the business. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Anderson. I t was then moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commission approve the request for a Conditional Use Permit on behalf of Mr. Ernest Terry to construct a worm farm and dwellings on Lots 17-21, Block 119, Northern Pacific Addition, subject to the following conditions: 1. An outside refuse storage area must be provided. Plans for construction must be provided for approval with the final site plans. 2. Plans for construction of a storage area for worm bedding or worm feed at least 10 feet by 12 feet must be provided for approval with the final site plan. The storage area must be an enclosed covered structure, and it must meet the requirements of the City Engineer and the Soil and Water Conservation District. 3. Worm beds must be flood proofed to prevent stream pollution in event of flooding. Plans for construction of the worm beds must be provided and approved by the City Engineer and the Soil and Water Conservation District prior to approval of the final site plan. I 4. The proposed use does not conform to required yard requirements and the City Com- mission cannot approve a use in violation of the Zoning. The applicant may apply to the Board of Adjustment to have the requirements of Section 18.37.040(3) varied or changed as they apply to this property. It should be emphasized the Board of Adjustment's responsibility or decision is not affected or influenced by the Zoning Commission and the City Commission carrying out its responsibility to make decisions on other matters. 5. Plans for grading, surfacing and drainage of parking and driveway areas must be approved by the City Engineer prior to approval of the final site plan. 6. One permanent sign not exceeding 3 feet by 6 feet shall be permitted on the front of the building. One free standing sign, not to exceed 3 feet by 6 feet, shall be permitted in the front yard area; however, the free standing sign shall be removed no later than December 1, 1982. After December 1, 1982, the sign attached to the front of the bui Id- ing shall be the only business sign permitted on the property. 7. Three (3) copies of a final site plan containing all conditions, corrections and modi- fications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy shall be retained by the Building Department and one (1) signed copy shall be retained by the applicant. 8. The Conditional Use Permit must be requested by the applicant and issued within six months after the City Commission approval, and all onsite improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months or within an agreed upon time, after approval of the Conditional Use Permit. I 9. The Conditional Use Permit shall be valid for a period of only eighteen months following the approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in granting of the permit. An on-site inspection wi II be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. U" f. ":"4.""'; City Manager Evans presented to the Commission a Request for Budget Amendment to transfer $7,000.00 from Elections to the Capital Improvements Program, City Hall Renovation, Phase I. The City Manager recommended that the Commission approve this Request for Budget Amendment, which would provide funding for the installation of partitions in the I present machine room and Building Inspection and Engineering Departments. City Manager Evans stated that approval of the Request would allow the administration to seek proposals for work as soon as the departments are moved and enable the funds to be encumbered during this fiscal year, saving rebudgeting for renovation during next year's budget process. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Budget Amendment to transfer $7,000.00 from Elections to Capital Improvements Program, City Hall Renovation, Phase I. 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. - Request et Amendment - transfer from Cit Prog ram, Renovation, Phase II - 4,600.00 City Manager Evans presented to the Commission a Request for Budget Amendment to transfer $4,600.00 from City Hall Repai rs to Capital Improvements Prog ram, City Hall Renova- tion, Phase II. The City Manager noted that this would provide funding for installation of restrooms on the basement level, as suggested at last week's Commission meeting. Commissioner Vant Hull asked how many employees are located in City Hall, and how many are male and how many female. Assistant City Manager Barrick stated that, after the move is completed, there will be sixteen employees, four males and twelve females. The Assistant City Manager also noted I that the intent of these auxiliary restrooms was for the public convenience, not for the City employees. Commissioner Mathre stated that the auxiliary restrooms would be nice, but she feels that using the money for retrofitting of the City Hall would be better. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the Request for Budget Amendment to transfer $4,600.00 from City Hall Repairs to Capital Improvements Program, City Hall Renovation, Phase II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver. Discussion - request from Big Sky BMX Association - put a water service line into Westlake Park - City Manager Evans presented to the Commission a request from the Big Sky BMX As- sociation for installation of a water service line into the Westlake Park. This would provide water for maintenance of the park, which is undeveloped, and the BMX track and would provide a water fountain for the children. The City Manager stated that the estimated cost of installing this water service line would be $800.00 to the Water Fund and $400.00 to the Park Fund, for a total of $1,200.00. He noted that the cost to the Water utility is a natural cost in expansion of its activity. He further noted that a number of people visit the BMX site. Also, the City will need the water eventually for improvement of the park. The City I Manager recommended approval of the request. Commissioner Vant Hull stated that some of the residents of Darlinton Manor have ex- pressed concern because of the traffic, dust and noise on North Fifth. She suggested plant- ing fast-growing trees along the south side of the park, which would provide a buffer. City Manager Evans stated that he would like to see the Westlake Park improved. He noted that when Tamarack Street is built between Third Avenue and Fifth Avenue, it would 017 be natural to improve the park. He noted that the City, County and State crews will com- plete the building of Tamarack Street this summer or fall, when they determine. it would be best. Commissioner Mathre suggested that, if the park is not developed this summer, it might be used for a community garden. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission approve the request from the Big Sky BMX Association for the installation of a water service line into the Westlake Park. 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. Acknowledge report - Building I nspection Department for May 1982 City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for May 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report of the Building Inspection Department for May 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissione-r Vant Hull, Commissioner Anderson and- Mayor Stiff; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the claims be approved as submitted. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Authorize Ma - Request for Reimbursement from EPA - WWTP, Phase I, Ste 3 - 241,797.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase I, Step 3. This is Partial Payment Request No. 10, in the amount of $241,797.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase I, Step 3, in the amount of $241,797.00. 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. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Phase II, Step 3 - $22,899.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase II, Step 3. This is Partial Payment Request No.3, in the amount of $22,899.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, Phase II, Step 3, in the amount of $22,899.00. 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. ,d' (/ U."" \~' Absence of Commissioner Anderson for meeting of July 12, 1982 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that Commis- sioner Anderson be excused from the July 12, 1982 meeting in compliance with Section 7-3-4349, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Anderson abstained. Adjournment - 8: 45 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. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I