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HomeMy WebLinkAbout1982-07-26 088 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 26, 1982 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 26, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Johnstone and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. Action on the minutes of the regular meeting of July 6, 1982 was deferred for a period of one week. The minutes of the meeting of July 12, 1982 were approved as submitted; and the minutes of the meeting of July 19, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Decision - Conditional Use Permit - Mike Rodrique - allow a truck warehouse and auto repair shop on Lot 1, BomontCenter Subdivision (501 Bond Street) This was the time and place set for a decision of the request on behalf of Mike ROdrique for a Conditional Use Permit to allow a truck warehouse and auto repair shop on Lot 1, Bomont Center Subdivision, more commonly known as 501 Bond Street in the City of Bozeman, Montana. City Manager Evans recommended approval of the request, subject to the conditions set forth by the Planning Staff and Zoning Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Mike Rodrique for a Conditional Use Permit to I allow a truck warehouse and auto repair shop on Lot 1, Bomont Center Subdivision, more commonly known as 501 Bond Street, pursuant to the following conditions: 1. That the proposed trees be moved further to the south in the front yard setback to allow adequate room for snow removal and its storage. 2. That more screening be added to the front yard area as required in Section 18.84.040, Item 3. 3. That the City Engineer review and approve the plans for paving, drainage and the design of the oil and grease traps. 4. That the applicant receive approval from the utility companies to encroach on their easements. 5. That the project Incorporate security lighting that will be in conformance with Chapter 18.63 "Transitlonal District" and Section 18.84.040, Item 5 in the off-street parking chapter. 6. That landscape protection devices be incorporated Into the site plans for protection of the vegetation in the drive and interior landscaping area. 7. That all paving and landscaping improvements must be installed and approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an Improvements Agreement and provide an acceptable method of security, such as a performance bond or Letter of Credit equal to one and one-half times the cost of said improvements. 8. That three copies of the final site plan containing all the conditions, I corrections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Bulldng Department, and one signed copy shall be retained by the applicant. 9. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen months of approval of the Conditional Use Permit and as shown on the approved final site plan. 07-26-82 089 10. The Conditional Use Permit shall be valid for a period of only eighteen months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy a II the conditions in the g ranting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - Marvin Cowdrey - allow a twenty-unit apartment complex in three structures on Tracts 3 and 3A, Mountain Vista Subdivision (715 South 20th) This was the time and place set for a decision of the request on behalf of Marvin Cowdrey for a Conditional Use Permit to allow a twenty-unit apartment complex in three structures on Tracts 3 and 3A, Mountain Vista Subdivision, more common Iy known as 715 South 20th Avenue. City Manager Evans recommended approval of the request, subject to the conditions set forth by the Planning Staff and Zoning Commission. The City Manager noted that the applicant did not do all of the necessary preparation before the request was submitted to the Planning Staff. He stated that, in the future, the Planning Staff and Zoning Commission should refuse to act on items until prepared to the satisfaction of the Planning Staff. He noted that this would eliminate the need for additional staff time to review applications in a department that is already overloaded. City Manager Evans noted that in the past some developers have felt that the Planning Staff is there to plan developments for developers. He stated that it is not the purpose of the Planning Department to design developments, but to facilitate the review of the application and the conduct of public hearings necessary for desirable development. The City Manager noted that the preparation of the application must be completed by the developer, prior to submission I to the Planning Department. Mayor Stiff noted that he had spoken with the developer. He stated that Mr. Cowdrey had hired a professional to prepare the plans, and the work had not been completed correctly. Commissioner Weaver noted that the Commission has set new procedural standards during the past year, and it takes time for the professional community to realize that the Commission means its standards. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Marvin Cowdrey for a Conditional Use Permit to allow a twenty-unit apartment complex in three structures on Tracts 3 and 3A, Mountain Vista Subdivision, more commonly known as 715 South 20th Avenue, pursuant to the following condi- tions: 1. That the boundaries for the individual phases be so located that the individual phases are not reliant on the other phases for required or needed improvements. 2. That at least 6 percent of the interior of the parking area be land- scaped. 3. That adequate and convenient snow removal and storage areas be developed for both parking areas. 4. That the loading berth be increased in size to meet the minimum size of 18 feet by 25 feet. 5. That both parking areas be furnished with screened trash enclosures I that will be conveniently located for use by the trash collectors. 6. That the fences to be utilized for screening the parking areas from the west be extended toward the center of the lot until adequate screening is achieved. 7. That the plans for diverting and covering the stream/canal be reviewed and approved by the City Engineer and District Conservationist. He should also get written permission from the stream/canal's water rights owners to install the approved facilities. 07-26-82 09~J 8. That the site grading and drainage plans be reviewed and approved by the City Engineer and District Conservationist. 9. That the paving plan be reviewed and approved by the City Engineer. Drainage structures must be adequate to accommodate the upstream drainage area and blow-off from irrigation; they must be designed to ensure against obstruction by debris or trash; they must have safe- guards to protect children; they must be designed to ensure that downstream drainage structures will not be over capacity, and they must prevent pollution of downstream waters. I 10. That the mailbox facilities be located in such a manner as to be accessible to both the occupants and mailman. That an all-weather walkway be established which will extend through the common open area to South 20th. 11. That a sidewalk be constructed along the lot's South 20th frontage that will be in compliance with the City's specifications. Said sidewalk should extend from the property's northern property line to intersect with West College. 12. That a more clear indication be provided as to the location of the proposed curbing. Those areas not to receive curbing should be identified and alternate kinds of landscape protection devices installed. All landscape protection devices should be described in detail and/or a detailed drawing provided on the site plan. 13. That all traffic control devices such as signs, etc., be described in detai I or illustrated on the site plan. 14. That the existing and proposed grades be shown on the site plans. 15. That all landscaped areas be serviced with an irrigation system. 16. That the existing topographic features and accurate contour lines be shown on the site plan. 17. That all paving and landscaping improvements must be installed and approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an improvements agreement and provide an acceptable I method of security, such as a performance bond or Letter of Credit equal to one and one half times the cost of said improvements. 18. That three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy shall be retained by the B'uilding Department; and one (1) signed copy shall be retained by the applicant. 19. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within eighteen months of approval of the Conditional Use Permit and as shown on the approved final site plan. 20. The Conditional Use Permit shall be valid for a period of only eighteen months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. 21. Final site plans, all construction and site improvement plans with cost estimates, and the Improvements Agreement with securities shall be provided by the developer and, after acceptance by the City Engineer, District Conservationist and Planning Director, those plans, documents, agreements and data shall be referred by the Planning Director for approval by the City Commission before issuance of the Conditional Use Permit. 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. Decision and possible adoption of Commission Resolution No. 2405 - establishing landfill gate fees City Manager Evans presented Comm isslon Resolution No. 2405, entitled: 07-26-82 091 COMMISSION RESOLUTION NO. 2405 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN'S LANDFI LL. The City Manager recommended that the Commission adopt the landfill fee schedule as proposed. I Commissioner Anderson asked if contingencies had been provided for organizations that wou Id suffer from the fees cha rged. City Manager Evans suggested that an application be submitted to the Commission for a waiver of the landfill fees. Commissioner Mathre asked if the fee structure had been changed to include roll-off boxes and un compacted garbage. City Manager Evans stated that the fee structure has not been revised, but the rates for a compacted unit wi II be applied. Commissioner Mathre also expressed concern that people may leave their garbage in the alley rather than paying to use the landfill. She also feels that the rate to be charged for a passenger car is too high and should be lowered. Commissioner Anderson stated that the proposed fee structure is to be used to gather a data base, after which time the rates will be changed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Commission Resolution No. 2405, establishing a revised landfill fee schedule for users of the City of Bozeman's landfill. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Weaver, Commis- sioner Vant Hull and Mayor Stiff; those voting No being Commissioner Mathre. Discussion - Mystic Lake Dam - and Staff Report - settinq of project priorities for Community Development Block Grant applications I City Manager Evans stated that Mr. Jim Moore, Attorney for the irrigators of the Bozeman Creek Water Users' Association, is unable to attend today's meeting. The City Manager noted that if the irrigators cannot reach a consensus and the City does not obtain some type of document that will escrow the stock until payment is made, the City cannot make application for CDBG or DNRC monies for repair of Mystic Lake Dam. City Manager Evans noted that he has received indication from Mrs. Moore that the irrigators appear to have reached a consensus; and now the City Attorney and Mr. Moore must prepare legal documents, satisfactory to the Commission, to place the stocks in escrow. City Manager Evans stated that time is important at this point if the City hopes to receive grant monies from either CDSG or DNRC programs. He stated that the Commission can make its decision at next week's meeting, but any later than that will probably be too late. City Engineer Van't Hul stated that the application for DNRC monies has been submitted and needs only the filing of supplemental information. He noted that the Department of Natural Resources and Conservation will be reviewing the applications and compiling its list of eligible projects around the middle of August. Mr. Bob Gemmell, Christian, Spring, Sielbach and Associates, stated that the two outlet pipes in the dam need to be replaced. He noted that the spillway must be replaced, and the engineers propose raising the height of the dam ten feet. Also, the slope of the sides of the dam will be decreased. Mr. Gemmell noted that when the dam is repaired, it will be structurally safe. He stated that the City is taking more risk in allowing people to build in the 100 year flood plain than in rebuilding Mystic Lake Dam. I Commissioner Weaver asked about the seismic stability of the dam. Mr. Gemmell stated that with the partial rock core covered by plastic materials, It is poorly constructed to resist seismic forces. He noted that there is a chance of cracking the structure because of the core. Mr. Gemmell also noted that 1500 acre feet of water, used conservatively, would provide 200 gallons per day per capita, or should service about 7,500 people. Mr. Steve Custer, professor at Montana State University, stated that the dam cannot 07-26-82 092 remain as it is now. He stated that if the outlet pipes are repaired and the spillway is modi- fied, the dam will be much safer. Mr. Custer also noted that the dam is not located on a fault. He also noted that he does not want to see the City lose water sources that it has currently. He noted that there are other ways to get water, but not in the time frame that we can get water from Mystic. Mr. Custer noted that he would like to see graduate students address the problems of finding water sources. He also stated that finding groundwater in the Gallatin Valley Is not I easily done. He stated that the final analysis in finding alternative water sources will cost the City roughly $30,000.00 to $50,000.00. Mr. Custer further noted that the City will incur pumping cos,ts to get the water into the city, which should be considered. City Engineer Van't Hul stated that the City has a deficient water supply during the winter months because the Hyalite water rights are for the summer only. The City currently uses the water from Hyallte by agreement and is attempting to gain some winter rights from this source. He stated that during a normal year the City currently has a surplus of water during the summer months but a deficiency of water during the rest of the year. However, by the year 2000 or when the City has a 40,000 people equivalent, the City will need the water from Mystic Lake or from an alternative source to meet the demands for water. City Engineer also noted that the costs to the City for repair of the dam should be considered when determining the amount to be charged for irrigation water. He noted that if the City pays $50.00 per acre foot of water to repair the dam, it would be difficult to charge $5.75 per acre foot used. He also noted that the Commission must decide what to do if the City does not receive most of the money for repair of the dam. The City Engineer noted that Mystic Lake Dam is not crucial to the City within the next few years. He noted that if money is not available for repair this year, it could be done next year. City Engineer Van't Hul also stated that Mystic Lake Dam Is used for water supply only during those months when it can be monitored. By the end of September the gates are open and the water flows through the dam. The City does use the water in the Bozeman Creek during that time. I City Engineer Van't Hul stated that a trip to Mystic Lake Dam last Wednesdy revealed no leaking in the dam, with the water below the level of the original dam, and the pond below the dam Is dry. He stated that the lake will be drained beginning the first of August. He noted that the engineers from the Forest Service estimate that breaching of the dam would cost $150,000.00. The City Engineer also presented to the Commission a map of the watershed, showing that the Mystic Lake drains about 16 percent of the area. Raising the dam an addi- tional ten feet will trap all avai lable water. Mr. Asgar Mikkelsen noted that safety Is a primary concern. However, an overriding factor is Bozeman's future need of water. If the City does not repair the dam now, the city will be deprived of 20 percent of its water supply in years to come. Comm issioner Anderson suggested establishing a water master plan. City Engineer Van't Hul stated that a comprehensive master plan for water was done In 1973 and was updated with the application to DNRC for grant monies. City Manager Evans suggested that the Commission consider the setting of priorities for the CDBG application and be prepared to make a decision following the public hearing so that the staff may complete the application process prior to the deadline. Recess - 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. Reconvene - 7:10 p.m. I Mayor Stiff reconvened the Commission meeting at 7:10 p.m. Request for extension of Preliminary Plat - Platinum Subdivision City Manager Evans presented to the Commission a request for a one-year extension of the Preliminary Plat for Platinum Subdivision. The City Manager noted that the one-year time limit on the Preliminary Plat is to allow time to get the project started. He further noted that 07-26-82 083 no reason for the requested extension has been given by the applicant. He stated that if a valid reason is expressed, the Commission could grant the extension. Without that basis, there appears to be no reason for that extension. City Manager Evans stated his concern that if extensions are granted easily, an undesirable development might result. Commissioner Weaver asked if any planning or site work has been done. Planning Director John Moss stated that no engineering plans have been developed, and I no work has been done at the site. The letter submitted to the Planning Director from Thomas, Dean, and Hoskins, Inc., consulting engineers for the petitioner, Indicates that the extension is requested because the utilities are not installed. Commissioner Mathre stated that the developer may not have the financing to begin the project at this time. She stated that the developer has his reasons for requesting the exten- sion, which is provided for in the State Statute. Planning Director John Moss noted that the one-year limit on the approval of the Preliminary Plat is because conditions change over time. He stated that no significant changes have occurred in the area during the past year. However, the subdivision does extend from Rouse Avenue to Bozeman Creek. He noted that the Preliminary Plat approval of Platinum Subdivision does not include the requirement for a 35-foot stream bank preservation and easement for access, which is now required of all development along the creek. City Manager Evans recommended denial of the request for an extension. He stated that when an extension Is requested from the Commission, a valid reason should be expressed. He further noted that Bozeman Creek should be protected. Commissioner Weaver noted that conditions have changed since the Preliminary Plat was approved. He feels that the reason offered In justification of the request for extension does not appear to be related to the immediate problems of the developer. Commissioner Vant Hull and Commissioner Anderson stated their support of this statement. Commissioner Anderson also noted that denial of the extension would provide consistency of approach by the Commis- sion. I Commissioner Mathre stated that she supports the Staff recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request for a one-year extension of the Preliminary Plat for Platinum Subdivision, due to the fact that no reason for the request was given and the fact that conditions placed on developments In the area have changed within the past year. 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 for extension of Preliminary Plat - Valley Unit II Mobile Home Subdivision City Manager Evans presented to the Commission a request from Mr. Joseph W. Sabol, Attorney for the developer, for a two-year extension of the Preliminary Plat for Valley Unit No. II Mobile Home Subdivision. The City Manager noted that the Commission may grant one one-year extension of the Preliminary Plat if it so desires. City Manager Evans noted that no reason has been expressed for the extension, and recommended denial on that basis. Commissioner Weaver asked if conditions have changed since the original approval was granted. Planning Director John Moss noted that all of the things that surrounded and physically affected the site one year ago still exist today. However, an approved subdivision for Valley Unit No. II was filed at the time approval was given which no longer exists today because it has lapsed. He noted that this lapse of an approved subdivision now separates the Valley Unit I No. II Mobile Home Subdivision from City water and sewer, which will bear on future extension of City services. He noted that other conditions are essentially the same. Mayor Stiff noted that City services were not extended under the original conditions for approval of the Preliminary Plat for Valley Unit No. II Mobile Home Subdivision. Planning Director John Moss noted that centralized services must be provided within a development. He further stated that the developer would probably Install a system that would require major repairs in twelve to fourteen years. At that time, rather than make costly repairs to the system, the developer would request the extension of City services. 07-26-82 . nql-l . ..... . Commissioner Weaver asked if any further plans or site work have been done on this project. Planning Director John Moss stated that no work has been completed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request for an extension of the Preliminary Plat for Valley Unit No. II Mobile Home Subdivision because no reason for the request was submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commis- I sioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for gambling license - Fraternal Order of Eagles from July 1, 1982 to June 30, 1983 City Manager Evans presented to the Commission an application for Gambling License, along with the appropriate fee of $500.00, on behalf of the Fraternal Order of Eagles #326 for one keno machine for the period July 1, 1982 to June 30, 1983. The City Manager noted that this item had been deferred for a period of two weeks. City Manager Evans noted that the City Attorney has rendered an opinion that keno machines are a legal form of gambling and that keno machines were licensed by the City during the last fiscal year and recommended approval of the application, contingent upon the Court's decision on the licensing of keno machines. Commissioner Anderson stated that an attorney with whom she had spoken suggested that if the Commission approved the application, it make the license a provisional licensing pending a decision of the Montana Supreme Court on this and collateral issues and if found illegal, the license would be null and void with no refund offered. City Manager Evans stated that the City does not have a provisional license. However, last year when the issue was raised about poker machines, a letter from the City Attorney was was sent with each license stating that the granting of a license was not for a particular machine and that if the machine were to be found illegal, the City would not make any refund of any license fee. I Acting City Attorney Johnstone stated that the pending cases from Gallatin County will probably be heard in October, with a decision around the first of the year or later. Commissioner Weaver asked if the City is licensing the owner of the machine or the owner of the premises. Acting City Attorney Johnstone noted that the City has traditionally licensed the owner of the premises or the operator of the game. With the advent of gambling machines, the City may require a listing of individuals financially interested in the business and of those financially interested in the machine If it Is leased. Commissioner Weaver noted that the application for the license requires a listing of in- dividuals financially interested in the premises. He requested that for gambling machines, all individuals financially interested be listed, including the owner of the machine. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a gambling license on behalf of the Fraternal Order of Eagles #326, conditioned upon the final decision of the Montana Supreme Court on this issue and collateral issues and, if determined illegal, said license shall be null and void with no refund. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to conduct Sweet Pea Run - Big Sky Wind Drinkers - August 7, 1982 City Manager Evans presented to the Commission a request on behalf of the Big Sky I Wind Drinkers for permission to conduct a Sweet Pea 5 and 10 Kilometer Run on August 7, 1982, beginning at 8:00 a.m. and ending by 10:00 a.m. City Manager Evans concurred In Chief of Police Tate's recommendation for approval. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission approve the request on behalf of the Big Sky Wind Drinkers for permission to conduct the Sweet Pea 5 and 10 Kilometer Run on August 7, 1982. The motion carried by the following 07-26-82 095 Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Com- missioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorization for Mayor to sign water main easements - Bozeman Deaconess Foundation City Manager Evans presented to the Commission the water main easement from Bozeman Deaconess Foundation. The City Manager noted that the easement is located near Hillcrest I Rest Home and stated that this is for future water system improvements. He recommended that the Commission authorize the Mayor to sign the easement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the water easement with Bozeman Deaconess Foundation for an easement located near Hillcrest Rest Home. 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. Information Item - Meeting with Chamber of Commerce re: Bozeman Centennial Commissioner Weaver stated that, at the meeting hosted by the Chamber of Commerce, the Chairman of the Centennial Committee, Duncan MacNab, stated that he does not feel that he can maintain the leadership role due to orthopedic surgery. Commissioner Weaver noted that the committee recognized Mr. MacNab's contribution and selected Mr. Bruce Smith, Editor of the Bozeman Daily Chronicle, to replace Mr. MacNab as Chairman of the Centennial Commit- tee. The Chamber of Commerce will be the coordinating agency for the service clubs, govern- mental entitles and others contributing to the Centennial celebration. Commissioner Weaver noted that the question facing the Commission now is how the City should be represented on the Committee. He stated that he has agreed to serve as a repre- sentative of the service clubs. The Commission agreed that two Commissioners should serve on the Committee and selected Commissioner Weaver, to represent the City as well as the service clubs, and I Commissioner Anderson. Mayor Stiff requested that these Commissioners provide the Commission with an on-gOing report on the plans for the Centennial. Discussion - attendance of Commissioners at various meetings Mayor Stiff stated that he has received a letter from the National League of Cities ap- pointing him to serve on the Community and Economic Development Committee. He noted that Commissioner Mathre will be attending the National League of Cities Congress of Cities In Los Angeles in November and had hoped to transfer this assignment to her. He found that she has been appointed to the Committee on Human Development, which would conflict with this transfer. Commissioner Mathre stated that the Community and Economic Development Committee appointment would be more desirable than the appointment to the Committee on Human Develop- ment. She will write a letter to the National League of Cities requesting a transfer of appoint- ment. Commissioner Vant Hull stated that the National Association of Telecommunications Of- ficers and Advisors will conduct a meeting in Seattle, Washington, on September 19-21, 1982. She noted that this meeting would deal with cable television franchising, in which the City should get involved. Commissioner Weaver stated that he plans to attend a conference in Seattle in September but does not know the exact dates. He noted that if this conference is immediately before or I Immediately after the other conference, he would be willing to attend. Commissioner Mathre stated that she has received information on a pre-conference seminar on cable television franchising at the National League of Cities Conference of Cities to be held on November 27 in Los Angeles, California. Mayor Stiff noted that the pre-conference seminars are quite often the best seminars. He suggested that she attend if she desires. 07-26-82 (J98 Discussion of responsibility of City Commissioners - preliminary statement draft of the Bozeman Water Revenue Bonds from Boettcher and --Company City Manager Evans stated that the City hopes to sell Water Revenue Bonds as soon as all easements on Sourdough Road have been received. The City Manager noted that Sourdough Road is a road by use rather than a road by easement, and Gallatin County's Attorney has In- dicated that the County is unable to sign easements. Instead, the City must receive easements from a II p rope rty owne rs In vo Ived . I The City Manager noted that the $4.2 million will be used in the construction of a fil- tration plant, a 30-Inch transmission line to the city and new water mains in the North Seventh motel complex area. If the construction bids are low, a project from the list of secondary projects can be completed as well. City Manager Evans stated that the City Staff has provided the information for the Bond Prospectus and has reviewed the draft document prepared by Boettcher and Company. Mayor Stiff noted that one copy of the draft Bond Prospectus has been forwarded to the Commission and asked what responsibility the Commission has in reviewing the draft, since that responsibility has been delegated to the full-time employees of the City. Acting City Attorney Johnstone stated that the ultimate responsibility for the accuracy of the Bond Prospectus lies with the Commission. He noted that the Commission has delegated that responsibility to the full-time Staff. City Manager Evans stated that review of the draft has been completed by the staff. He noted that Boettcher and Company has forwarded a courtesy copy to the Commission, so that they are aware of the CIty's progress in the sale of bonds. Report on status of Urban Coalition - City Manager Evans City Manager Evans stated that the Urban Coalition met on Thursday and Friday morning in Bozeman. He noted that the group developed a statement of purpose, goals and objectives and a preliminary legislative strategy. He stated that the Coalition set its next meeting date for September 8, 1982 at 10:00 a.m. in the Community Room of the Gallatin I County Courthouse. Those City employees wishing to attend the Montana League of Cities and Towns Convention in West Yellowstone can attend this meeting and then go to the League Convention. The City Manager noted that the purpose of the meeting is to ratify what has been done up to that time. City Manager Evans stated that those who attended the meeting last week reviewed about fifteen applications for the position of researcher, to gather necessary information for the adoption of legislative proposals for the 1983 Legislature. The City Manager noted that the field of applicants was narrowed to four, and an Interviewing Committee was appointed to interview the applicants and make a final selection. City Manager Evans noted that this group Is hard working and very dedicated to this effort. He stated that this is the first successful attempt to get cities and counties to make a unified effort to approach the Legislature. He noted that the Coalition will work with the Mon- tana Association of Counties and the Montana League of Cities and Towns. Discussion - update on Swimming Pool budget line item Commissioner Vant Hull noted that the headline in the Bozeman Dally Chronicle stating the "Swim Center Saved" is misleading. She stated that the Commissioners are gathering public input so that they may determine the setting of the budget for the next fiscal year. She also noted that many facts and figures have not been revealed, Including the fact that if $59,000.00 Is used for retrofitting during this fiscal year, the projected energy costs in 1989 will be over $62,000.00. Commissioner Vant Hull noted that the program for teaching children I to swim is a good one; however, many of the pool supporters live outside the city limits and should be paying their fair share. She suggested that the matter be placed In the ballot in November. She also noted that the School District should be paying more money to support the pool than it does at present. Commissioner Vant Hull also suggested talking to the Legislators In an attempt to Institute a State Revenue Sharing program. Mayor Stiff does not feel that the City should fund the retrofitting of the swimming 07-26-82 097 pool. He stated a willingness to place the issue on the ballot if the monies are not raised for the entire retrofit project. Commissioner Anderson noted that the present proposal Is to sunset the program In one year If the large deficit remains. She opposes an election this year but would support one next year. Commissioner Weaver asked why the Commissioners are concerned about the pool when I the parks maintenance budget is over $100,000.00, and no revenue is received. Mayor Stiff noted that one of the items to be determined is whether or not the School District has been paying Its share. He stated that a letter from Dr. Chambers, Superintendent of Schools, alludes to an agreement signed in 1974, which should be reviewed. The Mayor once again noted that he will not vote for the budget unless the retrofit costs are covered by other sources. Commissioner Vant Hull noted that it is important that people know that the City is in financial straits and cannot support the swimming pool by itself. Commissioner Mathre noted that supporters of the pool have agreed to provide the pool cover, and they are not planning to stop at that point, but to continue to help keep the pool open. City Manager Evans noted that the City's budget looks balanced, but it has been cut in some areas to support others. He noted that several areas have been operating at a lowered level for many years, but they can't stay at that level without creating serious problems. The City Manager also noted that the agreement signed in 1974 is an inter-local agree- ment signed by the Attorney General, and includes the provision that a Board of Trustees comprised of the City Manager, Superintendent of Schools and a County Commissioner make the decision on whether not the pool is to be closed. He noted that the legislative body has the power to appropriate monies for various activities and should decide on closure of the pool. City Manager Evans stated that the City should consider the remodeling of the pool in the future to make it a multi-purpose unit and Increase activities at the pool. I Request - permission to hang banner - United Way - September 15 - October 15, 1982 City Manager Evans presented to the Commissioner a request on behalf of the United Way for permission to hang a banner across Main Street for the period September 15 to October 15, 1982. The City Manager recommended approval of the request. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of the United Way for permission to hang a banner across Main Street for the period September 15 to October 15, 1982, pending receipt of the appropriate fee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to spearhead drive with campaign kick-off ceremony - September 18 City Manager Evans presented to the Commission a request on behalf of the United Way for permission to conduct a campaign "kick-off" ceremony on September 18, 1982. This campaign kick-off will begin at City Hall and end at Main Mall. The City Manager recommended approval of the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the United Way for permission to conduct the campaign "kick-off" ceremony on September 18, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, I Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Contract Documents for seal coat street improvements, Schedule II City Manager Evans presented to the Commission the Contract Documents for the seal coat improvements, Schedule II in the amount of $45,550.00, awarded to Long Construction Company, Inc., Billings, Montana. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the 07-26-82 098 Commission approve the Contract Documents, and the Mayor and the Clerk of the Commission be authorized and directed to sign the Contract Documents for seal coat street improvements, Schedule II. 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. Adjournment - 9:05 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. ATTEST: ALFRED M. STIFF, Mayor Clerk of the Commission I ~ I 07-26-82