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HomeMy WebLinkAbout1983-01-24 381 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 24, 1983 *********************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 24, 1983 at 4:00 p.m. Present were Mayor Pro Tempore Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Mayor Stiff was absent in compl iance with Section 7-3-4322, M. C. A. The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Pro Tempore Weaver. The minutes of the regular meeting of January 17, 1983 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Decision - Conditional Use Permit - Ken LeClair - to allow a twenty-two unit PUD on Tract 1, COS 368B (north side of Olive Street between South 16th and South 18th Avenue) This was the time and place set for a decision on the Conditional Use Permit requested by Ken LeClair to allow a twenty-two unit Planned Unit Development on Tract 1, Certificate of Survey 386B. This site is located along the nQrth side of Olive Street between South Sixteenth and South Eighteenth Avenues. City Manager Evans recommended that the Commission approve the Conditional Use Permit as requested by Ken LeClair subject to the conditions as recommended by the Zoning Commission. Commissioner Vant Hull suggested that the developer be notified in writing that the City will probably require the installation of sidewalks in the future. The developer should I consider this possibility when installing the landscaping. Planning Director John Moss noted that the requirement of construction of pedestrian transportation facilities should be made during the subdivision process. He noted that the property in question is located in a previously approved subdivision. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Ken LeClair to allow a twenty- two unit Planned Unit Development on Tract 1, Certificate of Survey 368B, which is located along the north side of Olive Street between South Sixteenth and South Eighteenth Avenues, subject to the following conditions: 1. That a fire access easement be established and recorded at the Clerk and Re- corder's Office in the Gallatin County Courthouse. 2. That the protective covenants be developed to include the following: a. A rule stating that no parking will be allowed in the common drive areas and that this rule may be enforced by the Bozeman Fire Department. b. A rule requiring that the individual garbage receptacles be stored within the garages. If a common receptacle is to be provided at a later date, it must conform with the provisions of the Bozeman Area Zoning Ordinance. c. A method of compensation be developed that will reimburse the unit owners for watering of the common areas. 3. That the two parking stalls near the northern property lines be eliminated to provide adequate space for the vehicles in the end stalls to back out. I 4. That the guest parking stalls be located close to the common ingress and egress points of the development. 5. That the width of the parking aisle between the interior landscaping islands be increased to 26 feet. 6. That the curbing be extended to encompass all of the parking area. 7. That the location's mai I drop facilities be approved by the Postal Service and that a walkway be provided from the units to the facility. 01-24-83 388 8. That the paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 9. That all paving and landscaping improvements must be installed and approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an improve- ments agreement and provide an acceptable method of security, such as a per- formance bond or Letter of Credit equal to one and one-half (H) times the cost of said improvement. 10. That three (3) copies of the final site plan containing all the conditions, cor- I rections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy shall be retained by the Building Division, and (1) signed copy shall be retained by the applicant. 11. All on-site improvements (i. e. pavi ng, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 12. 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 permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit wi" be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Explanation of Storm Water Master Plan - Jim Cummings Mr. Jim Cummings, Thomas, Dean and Hoskins, Inc., presented to the Commission an explanation of the proposed Storm Water Master Plan, which the Commission received at its regular meeting held on November 29, 1982. Mr. Cummings reviewed the water quality sampling sites which have been established around the city. He noted that the consulting engineers I have drafted a proposed ordinance for implementation of the Storm Water Master Plan, to be reviewed by the City's legal staff and to be considered for adoption by the City Commission. Mr. Cummings then reviewed the storm drain regulations that the State of Montana Department of Health and Environmental Sciences has adopted regarding watersheds. Mr. Cummings stated that the four sites from which storm water has been tested include (1) Figgins Addition; (2) the central business district and residential area; (3) the west side of the central business district and residential area; and (4) near the City Shops on the north side. He noted that engineers from Thomas, Dean and Hoskins have taken water samples from these four sites, and the Waste Water Treatment Plant has done the analysis of the samples to determine the quality of the storm water being returned to the waterways, which include Farmers. Canal, Bozeman Creek and Spring Creek. Mr. Cummings noted that the majority of pollutants being flushed into the waterways occurs during the first 15 percent of a storm or rainfall. He also noted that the samples taken near the City Shop show a high grease and oi I content. Mr. Cummings recommended that the City use reinforced concrete pipe for its storm sewer system. He also recommended the installation of inlets with an open back at the curb and a diagonal grate. He noted these would allow storm water to enter the system and would provide for safe pedestrian crossing. He also stated that a trash catcher should be installed to prohibit young children and trash from entering the storm water system. Mr. Cummings further recommended the installation of detention facilities, which would I provide less volume of drainage over an extended period of time. He noted that this would help reduce the amount of effluent allowed into the streams and would improve the quality of the storm water. Mr. Cummings also noted that detention facilities could be utilized to reduce downstream flooding during major storms. Mr. Cummings stated that retention facilities could be utilized if a large holding basin were needed or for recreational purposes. He does not recommend the use of retention facilities in Bozeman. 01-24-83 38~9i Mr. Cummings reviewed the State of Montana Department of Health and Environmental Sciences guidel ines for storm water. He noted that there are four critical areas in Bozeman that should be placed on a priority list of projects: (1) increase the size of the storm water line along North Wallace Avenue from East Lamme Street to East Tamarack Street, at an esti- mated cost of $164,000.00; (2) increase the size of the storm water line along South Church Avenue from East Main Street to East Story Street, at an estimated cost of $195,000.00; (3) .. I install water detention facilities on the west side of North Seventh Avenue, south of West Oak Street, at an estimated cost of $153,000.00; and (4) install water detention facilities north of Griffin Drive, at an estimated cost of $170,500.00. The total estimated cost of installing the storm water system is $2,000,000.00, with a 40-year life span. Mr. Cummings also estimated that annual maintenance costs would be $268,000.00. He suggested that the Commission adopt an ordinance which would govern and control land development that would change surface drainage and provide revenue for maintain- i ng the storm water system. He will contact the various cities in Montana which currently have a Storm Water Master Plan and obtain a copy of their ordinances for review. Commissioner Anderson asked if there would be any costs involved in mowing and main- taining the aesthetics of the recommended detention basins. Mr. Cummings stated that the costs of mowing and maintaining the detention basin areas are included in the estimated $268,000.00 annual maintenance costs. He further noted that Thomas, Dean and Hoskins, Inc., recommends the installation of 57 detention basins around the city. Mayor Pro Tempore Weaver asked if any Commission action is required at this time. City Manager Evans stated that no action is required at this time. He noted that Mr. Cummings will be researching the ordinances adopted by other cities in Montana. He a I so noted that the ordinance creating a maintenance district and establishing fees must be drafted and should be carefully reviewed by the City Attorney. Commissioner Vant Hull asked about the legality of establishing a front-end charge on I the storm water improvements. Mr. Doug Daniels, Thomas, Dean and Hoskins, stated that Kalispell adopted an ordinance setting a front-end charge to begin the project and then sold revenue bonds to finance the remainder of the project. Commissioner Mathre asked if a separate Enterprise Fund will be established for the storm sewer. City Manager Evans stated that the storm sewer system would be a separate fund under the General Fund because it would be partially supported by tax levies rather than strictly by user fees. He further stated that the legalities of establishing front-end charges should be reviewed prior to adoption of an ordinance. He noted that no one has contested the ordi- nances adopted by other cities in Montana, but he feels the City Attorney should research the State Statutes prior to drafting an ordinance setting charges. Mayor Pro Tempore requested that the City Attorney research the legality of adopting an ordinance establishing fees for a storm sewer system and draft an ordinance for the Commission to consider in the future. Commission Resolution No. 2447 - annexation of Grafts First Subdivision - Second Filing (west of Highland Boulevard and east of Graf's First Subdivision) City Manager Evans presented Commission Resolution No. 2447, entitled: COMMISSION RESOLUTION NO. 2447 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, EXTENDING THE BOUNDARIES OF THE CITY OF BOZEMAN TO I NCLUDE A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED. City Manager Evans noted that Mr. Graf is the sole owner of the parcel to be annexed and is nearly surrounded by the city limits. He further noted that Mr. Graf has requested annexation; and the Planning Director and City Engineer recommend approval of the request for annexation. The City Manager recommended that the Commission adopt Commission Resolution No. 2447 for annexation of Graf's First Subdivision, Second Filing. 01-24-83 ')9n .) ,.- Commissioner Anderson asked what the cost of the improvements for the proposed annexa- tion would be. City Manager Evans stated that it is Mr. Graf's intention to subdivide the property and then pursue various means of developing the land through his own resources, through special improvement districts or any other available means. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2447 for the annexation of Graf's First Sub- I division, Second Filing (west of Highland Boulevard and east of Grafts First Subdivision). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Discussion - City residence at the location of the Water Filtration Plant; authorize use of bond proceeds to replace the old house City Manager Evans noted that action on this item had been tabled for one week at last week's meeting. The City Manager then requested that action be deferred until a final legal determination has been made on the use of bond proceeds for replacement of the old house. Commissioner Vant Hull stated that she and Commissioner Anderson had viewed the old house with an architect. She noted agreement that the house is in need of replacement. The Commissioner suggested that the City consider a conventionally built home in addition to the possibility of purchasing a modular home. She noted that it might be possible to build a house with better construction and no more expensive than the cost of purchasing a modular or mobi Ie home. Commissioner Anderson suggested that the City consider passive solar features for energy conservation. City Manager Evans stated that the City Staff could prepare specifications for original construction of the house. Mayor Pro Tempore Weaver requested that this matter be placed on next week's agenda I for further discussion and a possible decision. City Attorney's opinion - process for appointing members to boards and commissions City Manager Evans presented to the Commission the City Attorney's opinion on the process to be followed for appointing members to various boards and commissions. The City Manager recommended that the Commission acknowledge receipt of the City Attorney's opinion. Commissioner Vant Hull suggested that the City Attorney be directed to prepare an ordinance to adopt the same method of appointment to various boards and commissions as set forth in the Montana Code Annotated. City Attorney Crumbaker-Smith noted that the City's ordinances should not be at variance with the State Codes. She further noted that, unless the State Code specifically mandates otherwise, the Commission will appoint members to the various boards and commis- sions. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the City Attorney's opinion concerning the process for appointing members to the various boards and commissions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Appointment of Cable Television study group City Manager Evans noted that the Commission had established this as the time for I appointment of the Cable Television Study Group. Mayor Pro Tempore Weaver stated that he and Commissioner Mathre have contacted each of the people suggested at last week's meeting to serve on the study group. He noted that Commissioner Vant Hull wishes to expand the group. Commissioner Vant Hull stated that she feels the formation of the group is premature and noted that she had not suggested any names at last week's meeting. She suggested that 01-24-83 391 Mr. Bruce Smith and Mr. Jim Banks be considered for serving on the study group. She noted that at least five of the people previously suggested live outside city limits, and she feels that at least a majority of people should reside within the city limits. Commissioner Mathre suggested that Mrs. Roxie Smith, President of the Local Chapter of League of Women Voters, be considered. She further noted concern about appointing Mr. Jim Banks when he is out of the country and no Commissioner has personally contacted him to I see if he would be willing to serve on the committee. Mayor Pro Tempore Weaver nominated the following individuals to serve on the Cable Television Study Group: Judy Mathre, Commissioner Liaison Joy Nash Ed Groenhout Ian Elliot Dr. Brian Dunn George Mattson Gerry Wheeler Bill Merrick Roxie Smith Bruce Smith It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint the Cable Television Study Group as nominated by Mayor Pro Tempore Weaver. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No being Commissioner Vant Hull. Pledged Securities for period ending December 31, 1982 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Vant Hull and Commissioner Anderson had examined the receipts of Depository Bonds and Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The Depository Bonds and Securities were found to be in order. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Depository Bonds and Pledged Securities be approved and a list of these set forth as follows: DEPOSITORY BONDS AND SECURITIES AS OF DECEMBER 31, 1982 RATE MATURITY RECEI PT NO. TOT AL AMOUNT FIRST BANK Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00 MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 II 30,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 II 100,000.00 Gallatin Co, MT, Ser 1978 Airport Auth. 8.00 1/01/86 II 70,000.00 Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 II 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 II 50,000.00 NJ Ser 1976 Water Consrvtn 5.60 2/01/87 II 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 I Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 45,000.00 Bozeman, MT, GO 4.90 1/01/92 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00 WA St Ser R GO 5.40 4/01/93 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00 Hawaii St Var Purp 7.00 9/01/83 50,000.00 TOT AL - First Bank - Bozeman $1,832,000.00 01-24-83 392 RATE MATURITY RECEIPT NO. TOT AL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg., Mont. Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 I Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 5,20 12/30/84 3823 2,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 18,100.00 5.50 12/30/86 3825 18,100.00 5,20 12/30/84 3826 18, 1 00.00 Kenai Peninsula Bor., Alaska, GO School Bd. 5.70 5/01/83 3951 25,000.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10101/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S.l. D. Bonds #287 7.00 1/01/91 6524 8,000.00 City of Bozeman, Gallatin Co., MT; S.1. D. Bonds #503 6.00 1/01/90 6534 13,000.00 City of Bozeman, Gallatin Co., MT; S. I. D. Bonds #560 7.40 1/01/96 6570 21,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00 Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00 City of Bozeman, Gallatin Co., MT S. I. D. Bonds #568 7.40 11/01/96 6772-SK154860 72,000.00 City of Bozeman, Gallatin Co., MT S.1. D. Bonds #555 7.65 1/01/96 6808-SK154858 33,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 I 6.90 6/01/93 II II 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000,00 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S.1. D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK149545 120,000.00 Bozeman, MT, S.I.D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 City of Bozeman, Gallatin Co., MT S.I. D. Bonds #593 7.95 1/01/98 SK115696-6834 21,000.00 City of Bozeman, Gallatin Co., MT S.I. D. Bonds #592 7.95 1/01/98 6835-SK 115697 19,000.00 Trusteed with Northwestern National Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOT AL - First Security Bank - Bozeman $2,375,300.00 I MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 01-24-83 393 Trusteed with Federal Reserve Bank of Minneapolis: RATE MATURITY RECEIPT NO. TOTAL AMOUNT Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/86 685 25,000.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/83 H28329 12,600.00 County of Missoula, MT, GO Hosp. Bd. 4.50 7/01/86 H28973 15,000.00 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00 I City of Boulder, MT, GO Bd. 4.71 2/15/83-87 H851 21,000.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/83-89 H790 7,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 Snohomish, Co., WA, GO Admin. Bldg. & Parking Fac. Bd. 1970 4.70 1/01/84 1-129472 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/84 H29971 3,750.00 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/83-87 H694 12,500.00 New York City V 187 6.50 1/15/85 H731 10,000.00 New York City R 187 6.50 1/15/85 H729 90,000.00 North Slope, Alaska 6.75 11/01/88 H728 100,000.00 Matanuske-Susitana 6.30 2/01/92 H726 100,000.00 SUBTOTAL $ 565,575.00 Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.95 7/10/86 300,000.00 I Govt. SBA Note MBL #1004273 135,000.00 Govt. SSA Note MBL #1001865 Govt. SBA Note MBL #76633 38,000.00 Govt. SBA Note MBL #1003799 42,000.00 Govt. SBA Note MB L #76926 46,000.00 Govt. SBA Note MBL #72453 45,000.00 TOT AL - Montana Bank of Bozeman - Bozeman $1,165,575.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapolis: Federal Nat'l Mtg Assn Residential Fin. 11 .375 9/07/83 9078 300,000.00 U.S. Treasury Bills 12/29/83 9172 150,000.00 Federal Nat'l Mtg Assn Residential Fin. 14.50 6/14/83 9444 50,000.00 TOT AL ~ First Citizens Bank of Bozeman - Bozeman $ 500,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C .A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, and the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of December 31, 1982, by the several banks of Bozeman and approve and accept the same. I Kenneth L. Weaver, Mayor Pro Tempore Mary B. Vant Hull, Commissioner Anne Fowler Anderson, Commissioner Judith A. Mathre, Commissioner 01-24-83 391f The motion carried by the following vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, and Mayor Pro Tempore Weaver; those voting No, none. Information item - State public hearing for moderate rehabilitation monies for 36 units - January 27, 1983, 7:30 p.m. City Manager Evans reminded the Commission that the State of Montana will conduct a I public hearing for Section 8, Moderate Rehabilitation Housing monies, at 7: 30 p. m. on Thursday, January 27, 1983 in the Commission Room. The City Manager noted that funding for 36 units of Section 8 monies is available and is being considered for rehabilitation of living units for the elderly. The City Manager noted that the Commission had directed Planning Director Moss to prepare a proposal for those monies at its meeting held on October 12, 1982. This public hearing being conducted by the State of Montana is an informational item for the City Commis- sion, and no action is required at this time. Authorize Mayor Pro Tempore to sign - sanitary sewer trunk easement - Keith and Dorothy Beyl and Glen M. and Patricia Mae Hash - north of Griffin Drive City Manager presented to the Commission a sanitary sewer trunk easement between Keith and Dorothy Beyl and Glen M. and Patricia Mae Hash and the City of Bozeman. This sanitary sewer trunk easement is located north of Griffin Drive and would be used for the construction of the main transmission line to the Waste Water Treatment Plant, parallel to the existing transmission line. City Manager Evans stated that no dollar cost is involved in this easement, but that conditions have been attached to the easement; and recommended that the Commission authorize the Mayor Pro Tempore to sign this easement. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor Pro Tempore and Clerk of the Commission to sign the sanitary sewer trunk easement with Keith and Dorothy Beyl and Glen M. and Patricia I Mae Hash. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Authorize Mayor Pro Tempore to sign - Contract Documents - Water Treatment Plant, Project Group III, Schedule II - Edsall Construction Company, Inc. City Manager Evans presented to the Commission the Contract Documents for the Water Treatment Plant, Project Group III, Schedule II, for Edsall Construction Company, Inc., Bozeman, Montana. City Manager Evans recommended that the Mayor Pro Tempore be authorized to sign these Contract Documents. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor Pro Tempore and Clerk of the Commission to sign the Contract Documents for the Water Treatment Plant, Project Group III, Schedule II, for Edsall Construction Company, Inc., Bozeman, Montana. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Com- missioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Legislative Update Commissioner Vant Hull stated that while the Legislature is in session, this item should be placed on each week's agenda. She noted that if an item is upcoming in the Legislature or if strategy should be considered for an issue, it should be discussed prior to action. I City Manager Evans feels this is a valid suggestion. He stated that he was in Helena on Friday of last week. He met with several individuals and noted that it is too early to get a pulse of the current Legislature's movements. The City Manager stated that the Governor's proposed Block Grant funding to local governments is currently in the Local Government Committee. Commissioner Anderson noted that the Commission should consider the actions of the Urban Coalition and the Montana League of Cities and Towns when determining what action to take on its own. 01-24-83 395 Commissioner Mathre stated that the League of Cities office will contact the City when they need someone to testify on a bill. She suggested drafting a letter from the Commission to the local legislators on issues such as the Block Grant funding. Commissioner Mathre also noted that income losses due to the removal of the business inventory tax wi II amount to $458,318.00 to the City of Bozeman. She noted that a bill is to be introduced which would continue the business inventory tax. The Commissioner noted that I the League of Cities does not have a position on the bill. She recommended that the Commission send a letter to the local legislators concerning this matter. City Manager Evans stated that the City's portion of the Governor's proposed Block Grant funding would be approximately $232,000.00, using the suggested formula for distribu- tion. The City Manager noted that Senator Dorothy Eck is introducing a bill for reimburse- ment of fire and police services to State-owned properties. This may include provision for negotiating payments rather than mandating a specific payment. Commissioner Vant Hull feels that five individual letters sent to the local legislators on the Local Government Committee may be more effective than one letter containing five signa- tures. The Commission concurred, and individual letters will be sent to the local legislators this week urging approval of the Governor's proposed Block Grant funding. Application for renewal of Kennel License - Chris Duntsch, 1418 Maple Drive City Manager Evans presented to the Commission an application for renewal of a Kennel License, along with the required fee, on behalf of Chris Duntsch, 1418 Maple Drive. The City Manager noted that the Animal Control Officer had visited the residence and recommends that the Kennel License be renewed. I t was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for renewal of a Kennel License on behalf of Chris Duntsch, 1418 Maple Drive. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor I Pro Tempore Weaver; those voting No, none. Request - permission to attend - Di rector of Public Service (Works) Holmes - seminar on "Safety of Small Dams and Owners' Liability" - February 3-4, 1983 - Denver, Colorado City Manager Evans presented to the Commission a request on behalf of Director of Public Service Holmes for permission to attend a seminar on "Safety of Small Dams and Owners' Liability" to be held February 3-4, 1983 in Denver, Colorado. The City Manager recommended that Director of Public Service Holmes be authorized to attend the seminar. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that Director of Public Service Holmes be authorized to attend the seminar "Safety of Small Dams and Owners' Liability" being held in Denver, Colorado, February 3 and 4, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Acknowledge report - Broad Valleys Federation of Libraries for December 1982 City Manager Evans stated that the monthly report for Broad Valleys Federation of Libraries for December 1982 appeared to be in order and recommended that it be acknowledged. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge the monthly report for Broad Valleys Federation of Libraries for December 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- I sioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Acknowledge report - Fire Division quarterly for October through December 1982 City Manager Evans stated that the quarterly report for the Fire Division for October through December 1982 appeared to be in order and recommended that it be acknowledged. 01-24-83 398 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the quarterly report for the Fire Division for October through December 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 Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Claims I Claims for the past two weeks were presented. The City Manager stated he had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the claims be approved for payment as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Adjournment - 5:36 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, 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 Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 01-24-83