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HomeMy WebLinkAbout1982-08-02 0'19 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 2, 1982 ***************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, August 2, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, 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 meeting of July 6, 1982 were approved as submitted; and the minutes of the meeting of July 26, 1982 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - Energy Retrofit Project - I nsulating City Hall, Police!Fire Station Tunnel and Police Overhead Door This was the time and place set for opening bids for an energy retrofit project, to in- clude insulating City Hall, Police! Fire Station tunnel and Police overhead door. The affidavit of publication for the "Call for Bidsll 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: I Total Bid Ganser, Inc., Bozeman, Montana $ 2,379.00 Western Urethane Applicators, Manhattan, Montana 2,425.00 Brownell Insulation and Roofing, Bozeman, Montana 5,249.00 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be referred to Staff for a recommendation to be presented prior to adjournment of the Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Open bids - Energy Retrofit Project - Window Replacement, Insulation Panels, Overhead Door Weatherstripping This was the time and place set for opening bids for an energy retrofit project, to in- clude window replacement, insulation panels and overhead door weatherstripping for the City Hall and Police! Fire Station. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be opened and read. 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. The following bids were then opened and read: I Total Bid Bozeman Glass, Inc., Bozeman, Montana $30,400.00 Lake Glass, Inc., Bozeman, Montana $29,350.00 Western Glass, Bozeman, Montana $31,872.00 It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the bids be referred to Staff for a recommendation to be presented prior to adjournment of the Commission meeting. The motion carried by the following Aye and No vote: those voting Aye 08-02-82 r'~ ,r'\ ."i'~ ~ too being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Information briefing on the Montana League of Cities and Towns - Alec Hansen, Executive Director Mr. Alec Hansen, Executive Director of the Montana League of Cities and Towns, dis- cussed some of the programs and policies of the League. He noted that the last session of the Legislature was a disaster for local governments. Mr. Hansen stated that the highest priority I for the League during the upcoming Legislative session is to seek revenues to replace those lost and to index revenues. During the last Legislative session, local governments lost revenues through the fee structure for license plates because the values are frozen at the 1980 level. Mr. Hansen noted that this is the loss of a dynamic and progressive tax for the local governments. Also, the business inventory tax was eliminated, as of January 1, 1983. Commercial property values were rolled back 12 percent, decreasing revenues to local governments. Mr. Hansen noted that the decreases in revenue have a total negative impact of close to $50 million on local gov- ernments. A public education program to run through January will be instituted by the League. Mr. Hansen noted that this program will be directed to the private individuals and to the legislators. The League has studied possible methods of increasing revenues to local governments. One of the possibilities is a $10 million block grant with no restrictions on use. The distribu- tion of these monies would be through a formula negotiated by the cities and counties. The League would seek an additional $3 to $5 million for this block grant fund as well. The League will also consider state general taxes, such as the hotel/motel tax. Another possibility would be an earmarked revenue program. Under this program, 10 percent of the personal income tax and 10 percent of the corporation income tax would be earmarked for cities and counties to replace the vehicle fees that are lost. The program would also include the State's assumption of Police and Firemen's Pension Programs, which currently cost each city five to seven mills. I A 2-cent gas tax might also be included in the program. This would generate approximately $12 million, to be distributed among cities and counties for street and road maintenance and construction. The gas tax may be replaced by the hotel/motel tax, to be' considered as a total package. Commissioner Weaver stated that a portion of the action needs to be on the Governor's side. He asked if this approach is being considered by the League office. The Commissioner also noted that 50 to 60 percent of the people in Montana Jive in cities. The city and county governments provide the services, and the State Leg islatu re passes the laws. Mr. Hansen stated that one of the programs planned by the League office is an adminis- trative program. He noted that he has also had a number of meetings with legislators. He is encouraging people in local government to contact their legislators and to contact the media to discuss local government finance. Mr. Hansen noted that the sales tax was considered ten years ago, and created much controversy. The legislators are hesitant to suggest the issue again. He stated that the long-range goal of the League is to make fundamental changes between state and local govern- ments in Montana and to allow creativity in management of local government affairs. Mayor Stiff and the Commissioners thanked Mr. Hansen for attending the meeting. Request for Loading Zone - Canyon TV, 20 North Tracy City Manager Evans presented to the Commission a request on behalf of Canyon TV for a loading zone at 20 North Tracy. The City Manager noted that a letter from the Parking I Commission indicates that they feel loading zones are often misused and a general review of all existing loading zones should be considered. City Manager Evans also suggested that a fee be established, and that the fee be earmarked for a certain fund, such as parking or maintenance of streets. The City Manager recommended that the matter be referred to staff for research and a report to be presented to the Commission. ~860 . 08-02-82 101 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the policy on loading zones be referred to Staff for review and a recommendation and that action on the request on behalf of Canyon TV for a loading zone be deferred until the review has been conducted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Request for extension of Preliminary Plat - Klondike Professional Center City Manager Evans presented to the Commission a request for a 120-day extension of the Preliminary Plat for Klondike Professional Center. Mr. Steve Ungar, Attorney for the applicant, stated that Mr. Pearson hired him three to four weeks ago to research alternative financial planning possibilities. He requested that consideration of the request be deferred for a period of one week to allow him time to review the history of the project which was submitted to the Commission by the Planning Department. Commissioner Vant Hull expressed concern about the legality of retroactive extensions. She noted that one retroactive extension was granted In April, and that extension expired on May 1, 1982. City Attorney Planalp also expressed concern about the legality of granting retroactive extensions. He stated that if extensions cannot be legally retroactive, the Preliminary Plat has lapsed. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer action on the request for a 120-day extension of the Preliminary Plat for Klondike Professional Center for a period of one week. 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 for Curb Cut - Mrs. Margaret M. Hausser - Kagy Boulevard I City Manager Evans presented to the Commission a request on behalf of Mrs. Margaret Hausser for a curb cut to her parcel of land located along Kagy Boulevard. The City Manager requested that the Commission allow the staff more time to contact the Montana State Highway Department, review the matter and prepare a recommendation to the Commission. Commissioner Vant Hull asked If it would be legal to deny an abutting property owner the potential for access to his/her property. City Attorney Planalp stated that the City has the right to control access to a road. He further noted that no one is suggesting denial of access. However, because Kagy Boulevard is being constructed as a thoroughfare, the City should limit access. Mrs. Hausser stated that the preliminary impact statement on Kagy Boulevard, which was Issued In October 1976, stated that the project will not have any substantial impact on adjacent properties; that existing private accesses should not be eliminated; and that agricul- tural aspects of the area should not be affected. Mrs. Hausser noted that this property has been used as a horse pasture. She further noted that since 1966 she has had adequate access to this property. Mrs. Hausser also stated that the Highway Department sees no problem in providing access to her property. Mrs. Hausser also stated that her attorney and engineer were unable to attend the Commission and requested that action on this matter be deferred for a period of one week. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission defer action on the request for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner I Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Application for Raffle License - Skandihus - December 15, 1982 City Manager Evans presented to the Commission an appl ication for a Raffle License, along with the required fee, on behalf of the Skandlhus for a raffle to be conducted on December 15, 1982. To be raffled are a pewter decanter valued at $150.00 and an owl valued at $125.00. The City Manager recommended denial of a raffle license for a licensed business. 08-02-82 1 n? ~c\_... .-. Commissioner Vant Hull asked about the legalities of issuing a raffle license to a private business. City Attorney Planalp stated that the law is silent, but leaves the matter to the discre- tion of the Commission. He stated that the Commission has historically granted raffle licenses to nonprofit organizations. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission deny the application for a Raffle License on behalf of the Skandihus for a raffle to be I held on December 15, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Com- missioner Anderson and Mayor Stiff; those voting No, none. Request - permission to conduct Run for Peace - August 28, 1982 City Manager Evans presented to the Commission a request on behalf of the Alliance for Nuclear Free Future and Bozeman Wind Drinkers Club for a run to be held on August 28, 1982. The run will be conducted in conjunction with the Citizen's Detente Run for Peace, which is running across the country. Local runners and and bicyclists will escort this group through Bozeman. City Manager Evans 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 Alliance for Nuclear Free Future and Bozeman Wind Drinkers Club for permission to conduct a Run for Peace on August 28, 1982. The mo- tion 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. Park - Au ust 28, 1982 - Alliance for City Manager Evans presented to the Commission a request on behalf of the Alliance for Nuclear Free Future and Bozeman Wind Drinkers Club for permission to conduct a reception in I Soroptimist Park on August 28, 1982. This would be in conjuction with the Run for Peace which was approved in the previous item. The City Manager recommended approval of this request also, It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Alliance for Nuclear Free Future and Bozeman Wind Drinkers for permission to conduct a reception in the Soroptimlst Park on August 28, 1982. 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. Re9uest - permission to hang banner - Alliance for Nuclear Free Future and Bozeman Wind Drmkers Club City Manager Evans presented to the Commission a request on behalf of the Alliance for Nuclear Free Future and Bozeman Wind Drinkers for permission to hang a banner across Main Street for the Run for Peace. Mr. Charles Caughlan, one of the requestors, stated that the Alliance for Nuclear Free Future and Bozeman Wind Drinkers would like to withdraw this request. Commission Resolution No. - establishin a 1% administrative fee on Industrial Develo ment evenue Bonds I City Manager Evans presented to the Commission a proposed Commission Resolution, en- titled: COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A ONE PERCENT (1%) UP-FRONT ADMINISTRATIVE FEE ON ALL INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUES, TO BE PAID INTO A CAPITAL IMPROVEMENT FUND OF THE CITY OF BOZEMAN. 08-02-82 103 The City Manager noted that no fee has been charged on Industrial Development Revenue Bonds in the past, even though the City does incur costs in the administration of such bond issues. Commissioner Weaver noted that after comparison of the proposed 1 percent fee with the fees charged in other large cities in Montana, the fee seems too high and should be lowered. He also asked if the fee could be split so that monies to cover the actual administrative costs I could be placed in the General Fund. City Attorney Planalp stated that the costs directly attributable to the bond issue could be placed in the General Fund. The balance can be placed in any fund designated by the Commission. The City Attorney stated that any fee up to 1 percent would be reasonable. He also noted that the costs for a bond issue do not vary greatly unless the bond issue is very small or very large. Commissioner Vant Hull suggested that the Commission use a graduated fee schedule, with a lower percentage charged for larger bond issues. Commissioner Mathre stated that she would be willing to consider a i-percent fee or less. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission Instruct the staff to revise the Commission Resolution to set a fee schedule that will cover the actual costs, to change the language to reflect that monies to cover the actual costs will be placed In the General Fund and to add language to show that the costs considered are those up-front costs to the City and bring it back to the Commission for review and act ion. 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 for waiver of the open container ordinance - Gallatin County Democratic Party - September 25, 1982 I City Manager Evans presented to the Commission a request on behalf of the Gallatin County Democratic Party for a waiver of the open container ordinance for a barbecue to be held in Bogert Park on September 25, 1982 between the hours of 3:00 p.m. and 6:00 p.m. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the Gallatin County Democratic Party for a waiver of the open container ordinance for a barbecue to be held in Bogert Park on September 25, 1982 between the hours of 3:00 p.m. and 6:00 p.m. 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. Application for Beer License - The Wine Merchant, Inc., 118 East Main - July 1-December 31, 1982 - City Manager Evans presented to the Commission an application for a Beer License, along with the required fee, on behalf of The Wine Merchant for the period July 1 to December 31, 1982. The City Manager noted that the permanent State License has been issued and recommended that the Commission grant a permanent City License. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Beer License on behalf of The Wine Merchant for the period July 1 to December 31, 1982. 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. I Authorize Mayor to sign - Request for Reimbursement from EPA - Phase I, Step 3 - $320,147.00 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. 12, in the amount of $320,147.00. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste 08-02-82 10' .li Water Treatment Plant, Phase I, Step 3, in the amount of $320, 147.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commisslner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Reimbursement from EPA - Phase II, Step 3 - $215,640.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA I for the Waste Water Treatment Plant, Phase II, Step 3. This is Partial Payment Request No. 5, in the amount of $215,640.00. I t was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the 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 $215,640.00. 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. Authorize Mayor to sign - Contract Documents - Seal Coat Street Improvements, Schedule I City Manager Evans presented to the Commission the Contract Documents for the seal coat improvements, Schedule I, In the amount of $38,250.00, awarded to Big Sky Paving Co., Inc., Bozeman, Montana. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the 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 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. Acknowledge report - Police Division for January 1982 I City Manager Evans stated that the monthly report for the Police Division for January 1982 appea red to be order and recommended that It be accepted. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the monthly report of the Police Division for January 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 Anderson, Commissioner Mathre, Com- missioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Retrofit Pro"ect - Insulatln Hall, Police/ Fire Station Tunnel and City Manager Evans presented to the Commission the staff recommendation for the award of the bid for an energy retrofit project to include the Insulating of City Hall, Police/ Fire Station tunnel and Pollee overhead door. The City Manager concurred in the staff recommenda- tion to accept the low bid of Ganser, Inc., Bozeman, Montana, In the amount of $2,379.00. City Manager Evans stated that the Commission had previously authorized the Mayor to sign a Budget Amendment In the amount of $37,100.00 for the purpose of retrofit projects. If the low bids are accepted by the Commission, this fund will have a $611.65 ba lance for con- tingencies after payment to the contractors and architect. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the bid for the energy retrofit project to include insulating the City Hall, Police/Fire Station tunnel I and Pollee overhead door be awarded to Ganser, Inc., Bozeman, Montana, In the total bid amount of $2,379.00, It being the lowest and best bid. 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. . 08-02-82 105 Award of bids - Energy Retrofit Project - Window Replacement, Insulation Panels, Overhead Door Weatherstripping City Manager Evans presented to the Commission the staff recommendation for the award of the bid for an energy retrofit project to Include the window replacement, Insulation panels and overhead door weatherstripping in the City Hall and Police/Fire Station. The City Manager concurred In the staff recommendation to accept the low bid of Lake Glass, Inc., Bozeman, I Montana, in the amount of $29,350.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid for an energy retrofit project to Include window replacement, insulation panels and over- head door weatherstripping at the City Hall and Police/Fire Station be awarded to lake Glass, Inc., Bozeman, Montana, in the total bid amount of $29,350.00, It being the lowest and best bid. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Recess - 5:40 p.m. Mayor Stiff declared a recess at 5:40 p.m., to reconvene at 7:00 p.m. at the Community Room of the Gallatin County Courthouse, for public interest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. at the Community Room of the Gallatin County Courthouse, for the purpose of discussing Items of public Interest. Conditional Use Permit - - allow a art corner 0 t e This was the time and place set for a public hearing on the request on behalf of Mr. N. R. (Rick) Pope for a Conditional Use Permit to allow a professional ceramic art studio In I the northeast corner of the Nt. SE!, Section 31, Township 1 South, Range 6 East, MPM, more commonly known as 1233 Story Mill Road. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. The Assistant Planner noted that the "T" designation requires the conditional use process. He stated that the Planning Staff and Zoning Commission recommend approval of the request, subject to six conditions. Mr. Rick Pope stated that he was present to answer any questions. No questions were asked. No one was present to speak in opposition to the granting of the request. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. .. - allow a beaut This was the time and place set for a public hearing on the request on behalf of Maurice lacunza and Marsha Conrad for a Conditional Use Permit to allow a beauty salon on lots 11-14, Block 52, West Park Addition, more commonly known as 1009 West College Street In the City of Bozeman, Montana. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the requested Conditional Use Permit would replace a retail sales outlet with a service oriented facility. He noted that this location most recently housed the Cactus Records II store. The Planning Staff I and Zoning Commission recommended conditional approval of the request. Mr. Maurice lacunza, applicant, requested that the Commission vote upon the request tonight rather than walt the customary one-week period. He noted that he quit his previous employment about 1 t months ago when he began making arrangements to open this beauty salon. He stated that the equipment Is in, the leases are signed and he has bank loans. He .. would like to open the beauty salon as soon as possible and begin working again. No one was present to speak in opposition to the granting of the request. 08-02-82 lor Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week Interval because no one spoke In opposition to the request and because a one-week Interval would have an adverse effect on the project. 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. I It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Maurice Lacunza and Marsha Conrad for a Conditional Use Permit to allow a beauty salon on Lots 11-14, Block 52, West Park Addition, more commonly known as 1009 West College Street, subject to the following condition: 1. The Conditional Use Permit shall be valid for a period of eighteen (18) months following the approval of the use. Prior to the permanent renewal of the permit at the end of that period, an on-site inspection will be made and a report made to the City Commission for their action. I f conditions have not adversely changed, the permit will be permanently renewed. 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. Public hearing - setting priorities for Community Development Block Grant Application This was the time and place set for a public hearing on the setting of priorities for the Community Development Block Grant application. Mayor Stiff opened the public hearing. Mr. Ben Rlxe, Intern with the Planning Department, stated that he would answer ques- tions as they arose. Commissioner Vant Hull asked if the City must have ownership of all of the stocks or If they may be in escrow. Mr. Jim Moore, Attorney for the Irrigators, stated that the Department of Natural Re- I sources and Conservation in Helena would consider the City's application If the stocks are In escrow. City Attorney Planalp stated that the Community Development Block Grant funds would be used for repair of the dam. He noted that under the terms of the proposed agreement, the City would have the sole responsibility for repair of the dam. Mr. Ben Rixe noted that the City's application for CDBG funds would be stronger If the City owns all of the shares in the Association. Without the City's obtaining those shares, It has a very weak application. Mr. Moore stated that each and every irrigator has indicated that if the City wishes to repair the dam, they wi" work together to take the necessary steps to carry the project for- ward. Mr. Moore noted that the 1981 cost estimates for repair of the dam were $750,000.00, and If the maximum available grant is received from both DNRC and CDBG, they will total $720,000.00. The agreement reflects that the City will be required to pay the additional $30,000.00. If the cost is above that figure, the agreement can be cancelled. Mr. Moore stated that the $5.50 per acre foot per year for irrigation water is the stan- dard charge in this area. Commissioner Weaver noted that the contract does not provide for negotiation of the $5.50 charge per acre foot per year. He stated that the City would be selling half of the water In Mystic Lake at a locked-In price with the possibility of water increasing in value in the future. The Commissioner then asked what the change in value of water has been in the last ten years. I Mr. Moore stated that the value of water to the farmer depends on the value of his commodities. That value has not Increased and, in some cases, has decreased. Following a discussion on possible ways to provide for adjustment of the rate to be charged for irrigation water In the future, Including an agricultural price index and operations and maintenance costs of the dam and lake, it was determined that the rate will be reviewed every five years and adjusted if needed, based on an average of operations and maintenance costs during the previous five-year period. 08-02-82 107 Commissioner Vant Hull suggested that the ag reement contain a provision that the City has first right of refusal on the sale of stocks in the Bozeman Creek Water Users' Association. Mayor Stiff suggested that the first right of refusal be for a period of sixty days, to allow the City time to react. Commissioner Mathre asked if selling water to irrigators would change the City's posi- tion as a utility. I City Attorney Planalp stated that selling water to Irrigators Is different from selling to city residents. He noted that the PSC guidelines would be followed in this situation at the present time. Commissioner Vant Hull suggested that acts of God be covered in the agreement. Mr. Moore stated he can foresee drought as a problem. He noted that In this situation, the irrigators would receive a pro rata amount of water rather than taking water from the City. Mr. Moore also noted that breaching the dam would not be easy. He stated that the Association owns the dam, not the City; and It would take a 2/3 vote to breach the dam. Also, the Forest Service will not breach the dam. Mayor Stiff closed the public hearing. City Attorney Planalp stated that the revised agreement will be completed and at the City Hall at 3:00 p.m. on Tuesday afternoon for review by the Commissioners. After review by all of the Commissioners, it can then be signed by the City and the Irrigators and become operative. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission set the repair of Mystic Lake Dam as the Number 1 priority for a Community Dev- elopment Block Grant and instruct the staff to prepare the grant application. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Com- missioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I It was then moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the agreement with the Irrigators follow- Ing review and approval by each of the Commissioners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. Public hearing - Tentative Appropriation Ordinance This was the time and place set for a continued public hearing on the Tentative Appro- priation Ordinance, entitled: TENTATIVE APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1983. Mayor Stiff opened the continued public hearing. The Mayor requested that further discussion on the swimming pool be completed prior to discussion of other budget units. A-16 Swimming Pools. Mr. Jim Rlvenes, Friends of the Pool, stated that the group has guaranteed adequate funding for a pool blanket by October 1, 1982. He noted that the installation of the blanket and completion of other retrofit projects will allow time for the Friends to focus on tri-Iateral funding for the pool, Including the County, School District and I City. Mr. Rivenes noted that the pool is a large Investment, with a small cost In comparison. He once again stated that the group's enthusiasm will not die, but will continue forward. Dr. Keith Chambers, Superintendent of Schools, stated that the swimming pool Is very Important to the educational program of the School District. He noted that contemplation of closure of the pool causes concern. Dr. Chambers stated that the School District has been fulfilling Its responsibility in supporting the pool. He stated that the School Board has approved a $5,000.00 contribution toward the retrofitting of the pool. Dr. Chambers then 08-02-82 lO~? stated that he will propose that the School Board assume the responsibility for payment of an additional $15,000.00 toward retrofitting over the next two to three years. This would come from the SchooPs portion of the energy savings through retrofitting. Dr. Chambers stated that the agreement between the City and the School Is vague and obscure. He feels that It should be rewritten so that It is a more workable document. Mayor Stiff noted that discussions with Dr. Chambers Indicated that the School District would be willing to pay the Interest rate that the City receives through the Repurchase Agree- I ment on the $15,000.00 that the City would carry. City Manager Evans noted that the $15,000.00 Is future money and does not solve any of today's problems. Commissioner Weaver noted that the reallocation has been made to keep the swimming pool open. Mayor Stiff also suggested that an ad hoc committee be formed to review the agreement between the City and the School District regarding the swimming pool. He suggested that this committee be comprised of two City Commissioners, City Manager, Superintendent of Schools, two School Board of Trustees and two Friends of the Pool. Commissioner Vant Hull suggested the possibility of lowering operating costs at the pool by decreasing the pool personnel and by using the High School's custodial staff to check the boiler at the swimming pool. Dr. Chambers stated that he will work with the Attorney for the School DIstrict in pre- paring an agreement to reflect the School District's pledge to support the retrofit program for the swimming pool with an additional $15,000.00. Mayor Stiff closed the public hearing. The Commissioners then discussed the following budget line items. A- 5. City Engineer. Commissioner Vant Hull noted that one of the reasons that the City Is currently having problems with the pool is because the vapor barrier was Installed incorrectly. She noted that the salary for a half-time Energy Planner is Included In this budget; and suggested that the Energy Planner be hired prior to any work being done on the I retrofit projects at the swimming pool, so that the Energy Planner may review the retrofit project. Commissioner Anderson stated that the retrofit projects at the swimming pool must be completed as soon as possible. The position of Energy Planner must be advertised before it Is filled. That process will not dovetail with the retrofit, but will overlap. Commissioner Weaver reminded the Commission that the position of Energy Planner ties to the creation of the Director of Public Service (Works) position. A- 8 Police Division. Mayor Stiff noted that the Billings Police Division uses Police Reserves. City Manager Evans stated that Reserves can be used In certain roles. H oweve r, they may not be armed and cannot be placed In a situation requiring the judgment of a sworn of- fl ce r . He stated that the Reserves are used mainly for traffic control. A-19 City Attorney. Mayor Stiff noted that Billings does not have a City Attorney, but contracts with a Billings firm. City Manager Evans stated that the City of Billings has reviewed the matter and will be hiring a full-time City Attorney. Mayor Stiff noted that a full-time City Attorney will be a department head. He further noted that an attorney from the private sector often has a different view since he Is removed from government. If the City has a full-time Attorney, his independence' and a different per- spective may be lost. Commissioner Weaver stated that a firm must determine at what point It is willing to I make the trade-off between an independent view and a full-time staff person who is readily available. He also noted that a full-time City Attorney would provide a network of professional interchange at the management level. City Manager Evans stated that the former City Attorney, present City Attorney, City Prosecutor and City Judge agree that a full-time City Attorney Is needed. He noted that many things are left undone at the present time, Including an update of the City Code. 08-02-82 109 A-28 Director of Public Service (Works). Mayor Stiff feels that a management audit should be conducted and a job description established prior to the hiring of a Director of Public Service (Works). He stated that he is not against the position, but wants the justification prior to its creation. Commissioner Vant Hull also supported a management study. She suggested leaving the budget as it has been proposed, but not filling the position immediately. I Commissioner Weaver stated that he wants improvement in the management structure of the City and Is willing to hire somebody to fill a need. He noted that if a management audit is done without filling the position, It will add to the existing workload for management, which is obviously too great already. He also stated that some of the people on the bottom don't know what to do to help and don't have the supervision to get them started. Commissioner Weaver expressed an unwillingness to pay for another study that cuts into the City's resources and delays putting a proper management team Into place. Commissioner Anderson would like to know the cost of a study before serious consideration. Mayor Stiff stated that in the private sector, the creation of this type of position would be a good Idea. In government, he feels that outside substantiation should be received first. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that a management audit study be conducted to see what lines of organization would follow from a Public Works Director and all of the City administration, funded by two or three months salary from the Director of Public Works budget. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Mathre, Commissioner Weaver and Commissioner Anderson. Commissioner Mathre stated that she Is willing to accept the City Manager's recommenda- tion that the position Is needed. She has spoken with GII Crain, and he suggested the possi- bility of hiring a person Into the position of Director of Public Service (Works) and evaluating the position after a two-year period. She noted that It would be difficult to eliminate the position after that period of time If it is found unnecessary. I Commissioner Weaver stated that he does not like to see organizations built on the basis of a single personality or a single individual. He also noted that the apparent question Is not of creation of the position, but when. The Commissioner also stated that he would see no problem In incorporating a management audit into the financial audit conducted by Coopers and Lybrand. However, he does not feel that It should be funded out of the Director of Public Service (Works) budget. It was then moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission adopt the Tentative Appropriation Ordinance as established. It was Immediately moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission table action on the Tentative Appropriation Ordinance until information on the cost of a management study Is received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Weaver and Commissioner Anderson. Adjournment - 10:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 08-02-82