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HomeMy WebLinkAbout1982-11-22 275 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 22, 1982 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, November 22, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant 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 Weaver. Action on the minutes of the regular meeting of November 15, 1982 was deferred for a period of one week. The minutes of the special meeting of November 18, 1982 were approved as submitted. Mayor Stiff asked if any of the Commissioners desired to remove any of the Items listed under Consent Items for discussion. Commissioner Vant Hull requested that the City Manag- er's proposed letter to the Governor opposing employee reductions in the Montana Job Service be removed for discussion. Open bids - Water improvements - Group I, transmission and supply lines; Group II, trunk mains and reservoir l to be deferred); and Group III, water filtration plant This was the time and place set for the opening of bids for the construction of Water System Improvements. These improvements were divided Into three groups: Group I, Sour- dough Transmission Main, Oak Street trunk main and Sourdough Creek supply line; Group II, Garfield Street trunk main, Hyalite Reservoir trunk main and a steel reservoir; and Group III, water filtration plant, building and equipment. The affidavit of publication for the "Call for B ids" as advertised was presented. I 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: GROUP I Schedule I Schedule II Schedule III Deduct for all Engineer's Estimate $1,020,462.00 $111,368.00 $ 62,350.00 (Total - $1,194,180.00) Barnard Construction Company, Inc., Bozeman, Montana $ 830,276.00 $110,719.25 $131,302.50 $ 10,000.00 Williams Brothers Construction, Lewistown, Montana $1,445,576.00 - - - - - - Mark Story Construction, Bozeman, Montana - - $ 83,934.56 - - - - Martel Construction, Inc., Bozeman, Montana $1,093,375.50 $113,473.00 $117,275.00 $ 10,000.00 D & J Pipeline, Inc., Glendive, Montana - - $ 96,538.20 $144,225.00 - - Merkcol Construction, Bozeman, Montana $ 983,433.90 $125,968.25 $121,847.50 $100,000.00 I Underground Construction, Bozeman, Montana - - $106,902.00 - - - - Johnston Excavating, I nc. , Bozeman, Montana $ 749,756.20 $ 84,956.70 $ 91,600.00 $ 10,000.00 Bezanson Construction, Helena, Montana $ 925,385.00 $139,043.00 $163,075.00 - - Robert V. Burggarf Company, Idaho Falls, Idaho $ 935,190.80 $122,639.00 $130,535.00 $ 50,000.00 11-22-82 ') ,i . GROUP III Schedule I Schedule II Engineer's Estimate $1,172,000.00 $1,058,000.00 (Total - $2,230,000.00) Nelson Plumbing and Heating, Great Falls, Montana - - $1,148,000.00 Edsall Construction Company, I Inc., Bozeman, Montana $1,190,000.00 $1,076,000.00 Volk Construction, Inc., Great Falls, Montana $1,261,000.00 - - 4G Plumbing and Heating, Inc., Missoula, Montana - - $1,150,000.00 Pa Imer I Duncan Construction Company, Great Falls, Montana $1,137,306.00 - - Martel Construction, Inc., Bozeman, Montana $1,155,000.00 - - R. H. Grover, Inc., Missoula, Montana - - $1,100,000.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to Staff and the consulting engineers for a recommendation to be presented at next week's 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. Decision - Conditional Use Permit - Robert Lashaway for Buz Cowdrey - allow twenty-four efficiency apartment units on Tracts 3 and 3-A, Mountain Vista Subdivision (20th and College) This was the time and place set for the decision on the request for a Conditional Use I Permit on behalf of Robert Lashaway for Buz Cowdrey to allow twenty-four efficiency apartment units on Tracts 3 and 3-A, excepting the east 75 feet of Tract 3, of the Mountain Vista Subdivision, more commonly located at the intersection of South Twentieth Avenue and West College Street. City Manager Evans stated that the Zoning Commission had recommended conditional approval of the request, and recommended that the Commission approve the request, subject to the fourteen conditions presented by the Zoning Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for a Conditional Use Permit on behalf of Robert Lashaway for Buz Cowdrey to allow twenty-four efficiency apartment units on Tracts 3 and 3-A, except- ing the east 75 feet of Tract 3, of the Mountain Vista Subdivision, more commonly located at the corner of South Twentieth Avenue and West College Street, subject to the following condi- tions: 1. That floor plans be provided as part of the final site plan and that each unit have a minimum of 450 square feet of floor area. Each unit shall be designed to accommodate one sleeping unit. 2. That the parking area for Phase I be expanded to accommodate 15 off-street parking spaces. The compact car stalls shall be marked according to the requirements of Chapter 18.84 of the Zoning Regulations. The signing detail shall be required as part of the final site plans. 3. That the City Engineer review and approve the paving, grading, drainage and access plans prior to final site plan approval. Said plans shall be made part of I the final site plans. 4. That the loading area incorporate landscape protection devices and that the pull out to be provided on the north end of the parking area have its width increased to 20 feet. 5. That adequate snow removal and storage areas be incorporated Into the final site plans and that their location be reviewed and approved by the Planning Staff. 11-22-82 277 6. That exterior security lighting be provided for the off-street parking area. Said lighting shall contain shading devices as required in Section 18.84.040, Item 4d. A detailed description or drawing shall be required as part of the final site plan. 7. That the applicant receive a 310 permit from the Soils Conservation Service and that the conditions attached to Its approval become part of this conditional approval. 8. That the three bridges be put in place during the stream relocation to minimize I disruption of the stream. 9. That the sidewalk along North 20th be relocated as to comply with City Standards and that the mail drop facility be illustrated on the final site plan. The location of this facility shall be approved by the Postal Service. 10. That the plans for the water and sanitary sewer extensions be reviewed and approved by the City Engineer prior to final site plan approval. Said plans will be made part of the final site plans. 11. That the developer enter into an Improvements Agreement with the City of Bozeman and that it be secured by a method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans, phasing schedule and method of security shall all be made part of that agreement. A method will be developed to release portions of the financial guarantees upon completion and acceptance of the improvements by the City. 12. That three (3) 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 Building Department and one (1) signed copy shall be retained by the applicant. 13. All on-site improvements (I. e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit for each phase and as shown on the approved final site plan. 14. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the I permit at the end of that period, the applicant must satisfy all the conditions in the 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 Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Exit Conference - Coopers and Lybrand City Manager Evans stated that the audit has been completed In preliminary draft form, and Mr. Nick Gray, Coopers and Lybrand, is present for the exit conference with the City Commission. Mr. Nick Gray noted that Coopers and Lybrand had been retained by the City to audit three sets of financial statements, the Water Enterprise Fund, Sewer Enterprise Fund and combined balance sheets as of June 30, 1982. Mr. Gray stated that the audit is substantially complete, and he has reviewed the draft of the audit statement with City management and the Audit Committee. The audit opinions on the Water Fund and the Sewer Fund are clean reports, with no qualifications except for technical changes In the accounting principles used. The combined balance sheet has a clean opinion, with one potential exception Involving a techni- cality on the funding of the Firefighters' pension plan, which is administered by the State of Montana. Mr. Gray stated that the auditing firm has recommended three changes in accounting principles used In the preparation of financial statements. I Mr. Nick Gray contrasted this year's audit opinion with the opinion rendered by Coopers and Lybrand two years ago. At that time, they were unable to render an audit report because of problems In the keeping of records. He noted that substantial progress has been made In this area. Mr. Gray stated that a management letter will be submitted to the City management and stated that the comments can be characterized as routine and of a housecleaning nature. He stated that most of the comments have been or are being addressed by members of City manage- ment at the present time. 11-22-82 .-) .. l.' ~ Mr. Gray stated that the estimate of fees for the audit was higher than the actual bill that will be submitted. He noted that, because of efforts of the City management and the preparation for the audit, the actual costs will be $8,000.00 to $9,000.00 lower than the esti- mate that Coopers and Lybrand submitted. Mayor Stiff noted that Coopers and Lybrand will gather more information and review the Firefighters' pension plan as a result of the Audit Committee meeting held just prior to the Commission meeting. He noted that the qualification on this pension plan may be eliminated as I a result of information received from the Public Employees' Retirement System in Helena, which administers the plan. The Mayor further noted appreciation to the City staff for work com- pleted prior to and during the audit, which helped lower the audit fee. Commissioner Weaver stated that he is impressed with the progress which has been made in the updating of the City's records during the past two years and the degree of management preparation for the audit. The Commissioner also noted that the clean opinion in the water fund helped to lower the interest rates on the $5 million bond issue recently sold. City Manager Evans noted that the State of Montana has become the manager of the Fire- fighters' Retirement System, and the Legislature and State administration control the program. He stated that the City does not control the balance of the fund, which should be considered when the information is received from the State of Montana. Commission Resolution No. 2438 - to ratify cash balances by fund as of June 30, 1982 City Manager Evans stated that action on Commission Resolution No. 2438 cannot be completed until the final audit has been received. The City Manager, therefore, requested that action on this Resolution be deferred until all of the information has been received. Discussion - claims submitted by Art's Body Shop City Manager Evans presented to the Commission the claims submitted by Art's Body Shop, which date back as far as February 25, 1980. The City Manager noted that State Stat- utes provide that any and all claims must be submitted to a local government within one year I after the services have been rendered or the purchase made. City Manager Evans further noted that these claims have not been previously submitted to the City, so the City is not at fault for nonpayment. City Attorney Planalp stated support of the City Manager's comment. He stated that the City Is barred from making payment in Section 7-6-4301, Montana Code Annotated. The City Manager stated that this item was placed on the agenda to inform the Com- mission of the outstanding claims and to request that the Commission acknowledge the State Statutes which bar the City from paying claims which are over one year old. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge that the City is barred by the Montana Codes Annotated from payment of claims which are over one year old and authorize the processing of those claims submitted by Art's Body Shop which are under one year old. 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. Discussion - vehicle fee revenues and State reimbursement revenues in the City budget City Manager Evans noted that possible alternatives for accounting or refunding of the $280,000.00 which the City will receive in vehicle revenues during Fiscal Year 1982-83, but which was not budgeted, were discussed at last week's meeting. The City Manager stated that, after review of the alternatives and several other factors, and the current political sit- I uation, he would recommend that the $280,000.00, or 13.26 mi lis, be refunded to the taxpayers. The City Manager stated that Mr. Ken Mosby, the County Administrator, has Indicated that the County has completed the preliminary work for refunding of the taxes, but no cost esti- mates are available because they are uncertain of the volume of refunds involved and the exact process which will be utilized. City Manager Evans further noted that the County will 11-22-82 279 probably require a property owner's signature to claim a refund. He also noted that the County is not currently considering a credit on the second half taxes as a feasible alternative. The City Manager further noted that the refund would not be made until after the property owner has paid the first half taxes. Commissioner Anderson asked when the City will know the costs Involved in the refund process. I City Manager Evans stated that the City should know the costs within the next month. Commissioner Weaver noted that the City should pay a portion of the costs Involved in effecting the refund. City Manager Evans stated that the County should not be required to absorb all of the costs involved. The City Manager further noted that the City could legally retain the monies, but he does not feel that retaining the monies would be worth the ensuing battle, which would be a certainty. Mayor Stiff stated that after Commissioner Mathre returns from the National League of Cities Congress of Cities, he would like to discuss the City's budgeting process. He further noted that the City should have known the estimated revenues from the vehicle fee reimburse- ment program prior to budgeting for this fiscal year. He further stated that the City should try to establish more reserves than it currently Is carrying. The Mayor indicated that he would like to retain the $280,000.00 and place it in the reserve fund, but he feels that the refund must be made to retain the City's credibility. Commissioner Weaver stated support of the Mayor's view. He also noted that politics has become involved in the issue and further stated that those people who had the information should have presented that information to the City earlier so that it could have been con- sidered in the budgeting process. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the refunding of $280,000.00, or the equivalent of 13.26 mills, to the taxpayers in an expeditious, efficient and economical manner. The motion car- I ried 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. Requests - reduction in garbage assessment - Martha C. Edsall, 518 South 13th, and Mary A. Maykuth, 715 South Grand City Manager presented to the Commission two requests for reduction of the garbage assessment. One request was submitted by Mrs. Martha C. Edsall, 518 South Thirteenth Avenue, and the other request was submitted by Mrs. Mary A. Maykuth, 715 South Grand Avenue. The City Manager stated that a certain fee schedule is used for all persons who use the gar- bage collection services of the City. He noted that if that fee is reduced for some of the people, the additional costs are then passed on to the rest of the consumers of the service, and he does not feel that this is proper. The City Manager stated sympathy for those on a fixed income who live In the large family home, but he does not feel that the Commission should authorize a reduction in the garbage assessments. City Attorney Planalp noted that the City is operating its own garbage facility and cau- tioned the Commission that it must have a good rationale for reducing any of the garbage assessments. Director of Finance Swan stated that the garbage assessments are based on the number of living units in a structure and the number of rooms within each living unit. She noted that this is the historical basis for assessment In Bozeman. I Mayor Stiff noted that if the Commission begins making exceptions, it will be difficult to know where to stop making those exceptions. Commissioner Mathre noted that the Commission, in the past, has discussed the possi- bility of a monthly billing for garbage rather than the annual assessment. She noted that this could be done on the water bill each month and would help to increase the cash flow to the City. 11-22-82 'j .' ,/- ',,) , Commissioner Weaver suggested that an alternative method of assessing the fees for garbage collection could be discussed when the landfill fees are discussed within the next few months. He also noted that everyone must pay his/her fair share. Director of Finance Swan stated that the method of assessing the garbage collection fee is established by ordinance. She noted that a new ordinance must be adopted to change the method of garbage assessment. The Director of Finance further noted that the current assess- ments are for Fiscal Year 1983, so the garbage assessments will be paid through June 30, I 1983. She requested that the Commission defer action on changing the method of assessing the garbage collection fees unti I next spring. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission grant no exceptions to the garbage assessment schedule as it currently exists and defer consideration of a change in the method of assessment until next spring. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Request - The Salvation Army - landfill fee reduction City Manager Evans presented to the Commission a request on behalf of the Salvation Army for a reduction of the landfill fee. The City Manager noted that the Salvation Army is a nonprofit organization and performs a worthwhile function to the community. The City Manager further noted that the Commission waived the landfill fee for the Worthy Cause Store on October 12, 1982, for a one-year period and recommended that the Commission waive the landfill fees for the Salvation Army for a one-year period, also. Captain Douglas L. Williams, Salvation Army, stated that the letter submitted to the Commission notes that the number of items that are only suitable for the landfill has increased in the past few months. Captain Williams noted that this increases the costs to the Salvation Army, which performs community services. Commissioner Weaver stated that criteria for exemption from the landfill fees were es- I tablished when the Commission waived the fees for the Worthy Cause Store. The Commissioner noted that the Salvation Army meets all four of the criteria established. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion waive the landfill fees for the Salvation Army for a period of one year, since the organi- zation meets the four criteria established by the Commission at its regular meeting held on October 12, 1982. 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. Discussion - protests against SID 636, paving of Peach Street City Manager Evans stated that the City has received several letters of protest against Special Improvement District No. 636, for the paving of two blocks of Peach Street between Rouse Avenue and Wallace Avenue. He noted that these protests have been submitted mainly because no tangible benefits have resulted from the project. The City Manager stated that the assessment is for the engineering costs, which total $8,736.62. These costs have been spread over seven years at 9 percent interest. This year1s assessment includes $1,248.08 in principal and $786.29 in Interest, for a total annual assessment of $2,034.37. City Manager Evans stated that when the paving of Peach Street was originally considered, Community Development Block Grant monies were to be used to subsidize the assessment to those residential property owners who qualified for the CDBG monies. The bids received for the project were too high, and the project was abandoned. However, the engineering costs I had been incurred and have been paid by the City. These engineering costs were not allowable charges against the Community Development Block Grant funds. The City Manager stated that the Commission should recognize the protests and determine what action should be taken on this particular SID assessment. Assistant Planner Mike Money stated that the application for use' of Community Develop- ment Block Grant funds to subsidize residents involved in the 5 ID did not include $9,000.00 11-22-82 281 for engineering costs, and therefore could not be paid from the CDBG funds. He further noted that the CDBG monies could not be used to pay for project costs incurred prior to the appli- cation process, and the engineering costs were incurred prior to the application for use of the mon les. Mayor Stiff asked how much of the engineering plans can be utilized when Peach Street is paved. I The Assistant Planner stated that the City should be able to fully utilize the engineer- ing plans at the time the paving is completed. Commissioner Vant Hull noted that Mr. Kent Shepherd's letter of protest indicates that agreements were signed releasing the property owners from any liability for the costs in- volved in the SID. She feels that these documents should be reviewed prior to making a de- cislon. Mr. Dave Jarrett, one of the protestors, stated that he is upset with the entire process involved in the creation of Special Improvement District No. 636. He feels that the project was mishandled Initially. He also noted that the SID was set up to aid people who were not directly affected, but was for dust control. He stated that the people involved were told that they would bear no costs, and are now being billed for engineering costs. Mr. Jarrett feels that the engineering fees should be set aside until an SID is created and the street is paved. Commissioner Anderson asked if the Commission can legally defer assessment of the en- gineering costs until the project is completed. City Attorney Planalp stated that the Commission may decide not to assess the engineer- ing costs. He noted, however, that the City has already paid the engineering claim and will not get any money back if the assessment is not made. City Manager Evans recommended that the Commission defer action for a period of two weeks so that the Staff may pursue the matter and review the agreements to which Mr. Shepherd alludes. Director of Finance Swan stated that taxes become delinquent if not paid by 5: 00 p. m. I on November 30, 1982. She suggested that the Commission may desire not to certify SID No. 636 as del inquent. City Attorney Planalp cautioned the Commission to express its reasons for not certifying SID No. 636 as del inquent . It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer action on the protests on Special I mprovement District No. 636 to allow the Staff time to gather and review additional data. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commission- er Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Proposed Commission Resolution - to commit City-owned land, providing funds are made available from the Legislature, for development of a State park City Manager Evans presented to the Commission a proposed Resolution, as prepared by Deputy County Attorney Bob Throssell. This proposed Resolution would state the City's support of the concept of a State Park to be located partially on the City's old landfill site located north of the city and partially on land which is currently privately owned. The privately owned land lies west of the City's land and contains a pond, which would make a good site for a State Park. The City Manager stated that the development of a State Park could turn what is a potential liability to the City Into an asset. He noted that the land in its current state in unusable for building or other purposes. Mrs. Peg Hines, Community Recreation Board, stated that the Legislature appropriates I Coal Tax monies every two years for use in developing State Parks throughout the state. Mrs. Hines stated that the Recreation Board would like to submit a preliminary application for monies, if the City Commission will approve the transfer of City-owned land to the State for parkland use. Mrs. Hines noted that the State will provide monies to buy a portion or all of the land currently owned by Mr. Hash, located immediately west of the Clty's land. She noted that control of the park and the land could revert to the State, and they will maintain the park at no cost to }he City, or the City could maintain control of the management and mainte- nance of the park. 11-22-82 2..) ,~ b /.. Mrs. Hines stated that the rough draft of the application must be submitted by December 3, 1982. The application must be ready for submission to the Legislature on February 1, 1983. She noted that a more comprehensive plan must be prepared by that time. Also, the land must be donated to the State and the City must reach a decision on who will manage the park prior to the February 1, 1983, deadline. Mr. Erhardt Hehn, Community Recreation Board, stated that the Legislature funds six parks every two years. He stated that about eighteen proposals are submitted to the Legis- I lature for consideration. Commissioner Weaver asked if there are alternative uses for the land. Mr. Dick Holmes, Director of Public Service, stated that the City currently uses a por- tion of the land for snow storage when the streets are cleaned. He noted that the City needs approximately five to ten acres for the storage of snow. He further noted that snow storage could be compatible with parkland use. Mr. Andrew Stolzenburg, President of the Local Audubon Society stated that their society is interested in the natu re aspects of the proposed pa rk. He also noted that if the snow to be placed on the property contains a large amount of salt, it could cause problems for vegeta- tion in the park. Mr. Cliff Davis, a member of the Audubon Society, noted that the Fish Hatchery and two nature trails are located close to Bozeman, but no body of water to attract water birds is close to the city. He noted that the pond, located within a park, could attract birds to the area. City Manager Evans recommended that the Commission provisionally adopt the proposed Resolution. He noted that the amount of City-owned land that may need to be retained and the land upon which the Humane Society building is located may need to be excluded in the Resolution. He noted that these corrections could be made and the Resolution could be finally adopted at next week's Commission meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt the proposed Commission Resolution stating the City's intent to I donate the old landfill site to the State for construction of a State park, provided that the Legislature appropriates Coal Tax monies for the development of a park. 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. Report of Swim Center - pool blanket, etc. - Steve Bredberg, Friends of the Pool Mr. Steve B redberg, Friends of the Pool, presented to the Commission their final report on the purchase of a pool blanket. He stated that a pool blanket and reel system have been ordered from American Building Company I Helena, Montana, in the total amount of $8,759.00. The installation of the blanket should be made during the week of December 6, 1982. Mr. Bredberg noted that the cost of the blanket includes staff training on the use of the reel system. Mr. Bredberg further stated that once the blanket is Installed, it will be- come the City's responsibility. Mr. B redberg further stated that the Friends of the Pool are now attempting to make sure that they are a viable group. He stated that they are beginning to make plans for other items for the pool. He noted that one of the items which the Friends of the Pool will try to establish is a higher usership of the pool. The Friends also wish to raise more money to purchase further items for the pool. Commissioner Weaver noted that the Commission's decision to keep the pool open was con- tingent upon the Friends of the Pool to help raise needed funds. He thanked the Friends for helping to keep the pool open. I Request - The Salvation Army - place a Christmas kettle and hut on public sidewalk - southeast corner of East Main Street and B lack Avenue - November 16 - December 24 (except Sundays) City Manager Evans presented to the Commission a request on behalf of The Salvation Army to place a Christmas kettle and hut on the public sidewalk on the southeast corner of East Main Street and Black Avenue for the period November 16 through December 24, 1982, 11-22-82 283 except for Sundays, between the hou rs of 9: 00 a. m. and 10: 00 p. m. City Manager Evans recommended approval of this request. Commissioner Vant Hull noted that the letter submitted by the Salvation Army indicates that the bell wi II not be rung after 10: 00 p. m. She noted that people live in the area and suggested that 9:00 p.m. may be late enough for the ringing of the bell. Captain Douglas Williams, Salvation Army, stated agreement that ringing of the bell I after 9:00 p.m. might be disturbing. He indicated a willingness to change the hours. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of The Salvation Army to place a Christmas kettle and hut on the public sidewalk on the southeast corner of East Main Street and Black Avenue for the period November 16 through December 24, 1982, except for Sundays, between the hours of 9:00 a.m. and 9:00 p.m. 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. Recess - 6: 03 p. m. Mayor Stiff decla red a recess at 6: 03 p. m. to reconvene at 7: 00 p. m. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. Reaffirmation of Commission Resolution No. 2390 - acceleration of delinquent SID's City Manager Evans stated that on January 20, 1982, the Commission adopted Commission Resolution No. 2390, providing for the acceleration of a delinquent SID when one or more installment becomes delinquent. The City Manager requested reaffirmation of the Commission Resolution and guidance from the Commission on further action. He noted that after November 30, the City will certify delinquent SI D's to the County. He stated that if it is the I Commission's Intention to ,accelerate the delinquent Special Improvement Districts and certify the entire unpaid balance to the County, the City staff will have to proceed in that direction in preparation of the documentation which must be submitted to the County. Director of Finance Swan stated that computer runs must be completed prior to certifi- cation of the taxes to the County, which will be done at the December 6, 1982, Commission meeting. She noted that the Finance Department needs to know whether to certify the delin- quent payment only or the entire unpaid balance to the County before the computer runs can be completed. The Director of Finance further noted that as of Thursday, November 18, 1982, only 18.6 percent of the Special I mprovement District assessments had been collected. Commissioner Mathre suggested that a display ad be placed In the newspaper to remind the taxpayers that the taxes are due and payable and that the provision for acceleration of delinquent SID's has been made. Commissioner Weaver noted that the display ad should Include a notice that written re- quests for exception to the acceleration of the delinquent SID may be made; and a listing of the information required should be Included. City Attorney Planalp recommended that the Commission see what the response Is to the display ad. He noted that the Commission should not attempt to alter the November 15 dead- line date for filing of the request for exception. The Commission instructed the staff to place a display ad In the newspaper, making the taxpayer aware of the provisions of Commission Resolution No. 2390. I Ordinance No. 1115 - final reading - Authorize and direct bond sale of $5 million Water System Revenue Bond issue This was the time and place set for the final reading of Ordinance No. 1115, entitled: ORDINANCE NO. 1115 AN ORDINANCE DIRECTING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATER SYSTEM FOR THE CITY OF BOZEMAN, CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF THE MONIES DERIVED THEREFROM, AUTHORIZING AND DIRECTING THE 11-22-82 ?;, ~" .j ISSUANCE OF $5,000,000.00 WATER SYSTEM REVENUE BONDS TO PAY THE COST OF SAID UNDERTAKING AND DEFINING THE TERMS AND MANNER OF PAYMENT OF THE BONDS AND THE SECURITY THEREOF. City Manager Evans stated that this ordinance authorizes and directs the selling of the Water System Revenue Bonds and establishes the covenants for the bond issue. The City Manager noted that Mr. Bill Johnstone, Attorney for the bond sale, prepared the Ordinance. He further noted that the first reading of the Ordinance was held on November 8, 1982 and recommended I that the Commission adopt the Ordinance. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Ordinance No. 1115, authorizing and directing the issuance of a $5 million Water System Revenue Bond issue, and further setting forth the covenants of the bond Issue. 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. Ordinance No. 1117 - Business License Ordinance City Manager Evans presented Ordinance No. 1117, entitled: ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 3, BUSINESSES, REGULATIONS AND LICENS- ING, OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE LICENSING OF ALL INDUSTRIES, TRADES, PURSUITS, PROFESSIONS, VOCATIONS AND BUSINESSES, PROVIDING FOR BONDING OF CERTAIN ENTERPRISES FOR THE PUBLIC PROTECTION, PROVIDING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCE NOS. 264, 413, 455, 580, 583, 584,587,608,613, 637, 645, 750, 759, 944, 950 and 1029 AND PARTS OF ORDI NANCES IN CONFLICT HEREWITH. Commissioner Weaver suggested that the Commission consider revisions to the proposed Business License 0 rdinance, including decreasing the fee for video games from $75.00 to $50.00 per machine per year. The Commissioner noted that the character of the machine I attracts young people in large numbers and to businesses where there is a likelihood that those young people will be tempted to do damage or to commit misdemeanors. He feels that the $50.00 fee per machine would cover the costs of City services provided. Commissioner Weaver also suggested that the Commission consider a change in the fee for gambling devices, including $500.00 for the first machine or table; $500.00 for the second table; $750.00 for the third table; and $1,000.00 for the fourth table. He noted that where three or four tables are located, gambling becomes an attraction and can increase the need for law enforcement. Commissioner Vant Hull noted that the City must address the problem of SChool-age children playing the video games during school hours. She noted that the current $5.00 fee for video games does not cover the cost of the law enforcement required. The Commissioner also noted that the City does not know where all of the machines are located. I f the owners of the machines were responsible for the license fees, she feels that the problem would de- crease. Commissioner Vant Hull suggested that the fee be reduced for a larger number of machines, possibly $20.00 per machine for more than 20 machines and $40.00 per machine for 20 or fewer machines. Commissioner Weaver noted that the City is not controlling the number of video game machines. He further noted that the justification for the fee is the cost of services rendered by the City. The Commissioner then asked if peep shows in adult stores are included under the provision for licensing of video games. He further requested that the City Staff document the cost of City services to establishments with video games, peep shows and electronic poker I machines. City Attorney Planalp noted that the Commission must be able to justify the fees which it establishes. He noted that Commissioner Weaver's request for documentation of costs for City services would provide that justification. Mr. Randy Leep, D and R Vending, asked why the Commission is increasing the licensing fee so drastically for video games only. He noted there are other amusement centers, such 11-22-82 285 as roller skating rinks, that require the same amount of policing as establishments with video games; and the licensing fee should be comparable. He feels that the video games are being singled out from the other types of amusement and are required to pay a higher fee. Commissioner Weaver noted that testimony last week indicated that problems have been created in places which are primarily food-selling establishments, but also contain video games. I Mr. Leep suggested that the Commission set certain distance limits from schools In which video games would be prohibited. He noted that the problem cases should be handled separately, rather than establishing a high fee that applies to everyone. Mr. Leep also requested that video games and peep shows not be placed in the same category. He noted that peep shows should be placed under X-rated movie theatres rather than under video games. Mr. Leep stated that he is willing to pay a license fee to cover the cost of City services. Mr. Charles Vanderpas, insurance business, stated that he was not aware that insurance offices were included in the new Business License Ordinance. He noted that several other insurance agents had been present before the recess at 6: 00 p. m. but were unable to retu rn to the Commission meeting. Mr. Vanderpas stated that the City Staff has indicated that a business Is a business, wherever it is located; and a business license fee is applicable for all businesses. He noted that most life Insurance agents are independent contractors with offices in their homes, and travel rather than having people come to their offices. Mayor Stiff asked Mr. Vanderpas if he includes a portion of his residential expenses as business expenses on income taxes. Mr. Vanderpas stated that he does. Commissioner Weaver noted that for purposes of income tax and insurance sales, an agent's home is considered his business address. He further noted that the residence is the location where business is generated through telephone calls and paper work. The Commissioner then asked if a category for home businesses could be justified. I Mayor Stiff asked what the business license for people with home businesses would be. Assistant City Manager Barrick stated that the business license fee is based on square footage, with a minimum fee of $40.00. He noted that most, if not all, home businesses would be assessed the minimum fee. City Attorney Planalp stated that one of the benefits of licensing all businesses is monitoring businesses from a planning and zoning standpoint. Mr. Frank Schledorn, Shaklee representative, noted that Individuals selling for Amway, Avon, Shaklee and other products would be affected by this ordinance. He feels that a home business that does not generate outside activity should be permitted to operate without pur- chasing a City License. He noted that if the license is required, it will affect a large number of rather low-income people to pay a license fee to earn a little extra money. Commissioner Vant Hull asked Mr. Schledorn if he felt a $20.00 fee would be better. Mr. Schledorn stated that some Shaklee distributors sell products to only a few people or buy products only for themselves at a savings. He stated that it is hard to discern be- tween the active distributor and the inactive distributor. Commissioner Weaver noted that the City License licenses a business on a parcel of pro- perty, not the Individuals involved in the business. Mr. Vanderpas stated that the State Issues a license for selling insurance. He stated that Cities have been unable to license insurance companies because the State has licensed in the past. City Attorney Planalp noted that the Attorney General recently rendered an opinion I stating that issuance of a State License does not preclude cities and towns from requiring a license. He noted that the City of Bozeman is acting under that opinion. The City Attorney further expressed concern about the possibility of not licensing a business if the individual does not file his/ her taxes to reflect use of a portion of the residence for business. He noted that the income tax laws change. He suggested that more stable criteria be used, i.e., if a business is profit motivated and profit seeking, it must be licensed. 11-22-82 2;j City Manager Evans suggested that the Business License Ordinance be revised to state that sole proprietors with no other employees be excluded from the business license requIre- ments. He noted that this would eliminate the possibility of determining where all of the businesses are located. City Attorney Planalp noted that the City Manager's suggestion would not cover an in- dependent contractor or agent. Commissioner Weaver then suggested that in Section 3.08.010, the phrase "except sole I proprietor on residential premises conducting business without employees or agents or con- tractors, within the appropriate zoning district" be added. Commissioner Vant Hull then suggested that the license fee for video games be set at $40.00 per game per year. She further suggested that the license fee for temporary bingo and raffle I icenses be set at $20.00 to cover the costs of paperwork involved. After dis- cussion, that fee was set at $25.00 minimum. The Commission also suggested that the bond in Section 3.08.090 be changed to read "$1 , 000.00 for the first week and $25.00 for each additional week." Commissioner Vant Hull then suggested that the investigation fee for persons applying for a gambling license or boiler room license be set at $200.00 for each person listed on the application. The Commission concurred that the investigation fee for gambling licenses should be $200.00 for each person listed on the application. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1117, Business License Ordinance, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson t Commissioner Mathre and Mayor Stiff; those voting No, none. Request - Bozeman Downtown Business Association - use of parkinq meter posts for Christmas Tree Decoratmg Contest - through December 11 t 1982 City Manager Evans presented to the Commission a request on behalf of the Bozeman I Downtown Business Association for the use of parking meter posts for the Christmas Tree Decorating Contest through December 11, 1982. The City Manager noted that this activity was held last year without problems and 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 Bozeman Downtown Business Association for the use of parking meter posts for the Christmas Tree Decorating Contest through December 11, 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. Request - Bozeman Army Navy Store - permission for "Santa Claus" jump at the Beaver Pond - November 25 (Thanksgiving) City Manager Evans presented to the Commission a request on behalf of the Bozeman Army Navy Store for permission for a "Santa Claus" jump at the site of the Beaver Pond on November 25, 1982 (Thanksgiving). The City Manager recommended denial of the request because of the potential liability which the City may incur. He noted that there are a number of obstacles to parachutists, and a small area in which to land, at the proposed site. City Attorney Planalp concurred that the City would incur a liability if this request were approved. It was moved by Commissioner Anderson, seconded by Commissioner Mathre. that the Commission deny the request on behalf of the Bozeman Army Navy Store for a "Santa Claus" I jump at the Beaver Pond parking lot on November 25, 1982 (Thanksgiving). 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. Ordinance No. 1118 - adoption of the new Bozeman Municipal Code City Manager Evans presented Ordinance No. 1118, entitled: 11-22-82 287 ORDINANCE NO. 1118 AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF A REGULATORY AND PENAL NATURE AND CERTAIN ADMINISTRATIVE ORDINANCES, AS THE OFFICIAL CODE OF THE CITY OF BOZEMAN; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; PROVIDING FOR DEFINITIONS AND RULES OF CONSTRUCTION TO ENHANCE UNIFORMITY OF INTERPRETATION; AND REPEALING SECTIONS 1.04.010 THROUGH 1.04.050 AND 1.04.070 THROUGH 1.04.090 OF THE PRESENT MUNICIPAL CODE OF I THE CITY OF BOZEMAN. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Ordinance No. 1118, adopting the new Bozeman Municipal Code. 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. City Manager's proposed letter to the Governor opposing employee reductions in the Montana Job Service City Manager Evans stated that the purpose of the proposed letter is to go on record as opposing the reduction of the number of employees in the Job Service and encouraging the Governor to keep the current offices open. The City Manager noted that the Bozeman Office is one that is being considered for closure. He stated that the City has used their service during the recent past, which has eliminated a lot of personnel work for various City employ- ees. Commissioner Vant Hull suggested that the Commission write a letter in addition to the City Manager's letter. She feels that the Commission's letter should stress keeping open one of the largest Job Service offices in the State. City Manager Evans stated that Mr. Jack Boston, Director of the local Job Service Office, requested that all letters to the Governor be submitted by November 30, 1982. I Application for Gambling License - Livery Stable - through June 30, 1983 - 1 poker machine and 1 card table (new application) City Manager Evans presented to the Commission the application, along with the required fee of $500.00, for a Gambling License for The Livery Stable, for the period ending June 30, 1983. City Manager Evans noted that this is a new application for the licensing of one poker machine and one card table. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License for The Livery Stable for one card table and one poker machine for the period ending June 30, 1983. 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. Application for Raffle License - Bozeman Hairdressers' Association - December 21, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Bozeman Hairdressers' Association for a raffle to be held December 21, 1982. To be raffled is a liquor basket with a value of $50.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Raffle License on behalf of the Bozeman Hairdressers' Association for a raffle to be held December 21, 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. I Request - authority to purchase a new 4 x 4 pickup for the Street Division City Manager Evans presented to the Commission a request on behalf of the Street Division for authorization to purchase a new 4 x 4 pickup. The City Manager noted that the Street Division budget provides $6,000.00 for purchase of a new pickup, and the lowest pro- posal received is for $7,200.00 with trade-in. The City Manager noted that a Budget Amend- ment for the $1,200.00 from the General Fund to the Street Division could be prepared to cover this expenditure. 11-22-82 ,') ,". 1..., ~,,)' It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the purchase a new 4 x 4 pickup for the Street Division. 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. Authorize Mayor to sign - EPA Assistance Aqreement! Amendment No. 5 - increase by I $3,200.00 City Manager Evans presented to the Commission EPA Assistance Agreementf Amendment No.5, increasing the EPA project in the amount of $3,200.00. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Mayor be authorized to sign EPA Assistance Agreement! Amendment No. 5 increasing the EPA project amount in the sum of $3,200.00. 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. Authorize Mayor to sign - Request for Reimbursement from EPA - C300208-22 - $3,200.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA in the amount of $3,200.00 for the Waste Water Treatment Plant, Project No. C300208-22. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Mayor be authorized to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant, in the amount of $3,200.00. 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 - certification for Gasoline Tax Allocation City Manager Evans presented a certification for the annual Gasoline Tax Allocation from the State of Montana, Depa rtment of H Ig hways. The City Manager recommended that the Mayor I be authorized to sign this certification. It was moved by Commissioner Vant Hull, seconded by Commissi'oner Anderson, that the Mayor be authorized to sign the certification for Gasoline Tax Allocation. 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. Absence of Clerk of the Commission Sullivan City Manager Evans presented a request from Clerk of the Commission Sullivan that she be granted extended sick leave for the period beginning November 29 through mid-December 1982 and that Kathleen Norman be appointed as Acting Clerk of the Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the extended sick leave for Clerk of the Commission Sullivan from November 29 through mid-December 1982 and appoint Kathleen Norman as Acting Clerk during that period. 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. Request - permission to travel - Actinq Clerk of the Commission Norman - December 8 and 9, 1982 - Helena, Montana - converSion of diskettes at IBM office City Manager Evans presented a request on behalf of Acting Clerk of the Commission Norman for permission to travel to Helena on December 8 and 9, 1982, for the purpose of con- I verting diskettes at the IBM office. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the request for permission to travel to Helena on December 8 and 9 on behalf of Acting Clerk Norman, to convert diskettes at the IBM office. 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. 11-22-82 289 Adjournment - 9:20 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 I I 11-22-82