Loading...
HomeMy WebLinkAbout1983-02-07 LtOG MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 7, 1983 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 7,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Assistant City I Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of November 22, 1982 were approved as corrected; the minutes of the regular meeting of January 31, 1983 were approved as submitted. Mayor Stiff stated that the meeting with Sister Kennedy, representing an independent living center, revealed that the group would have no immediate direct benefit to the Citizens' Committee to Study Low-Income Housing. He noted that the group was established in principal cities in Montana to foster more independent living for mentally or physically handicapped persons. Assistant City Manager Barrick stated that City Manager Evans is absent from this Commission meeting due to a meeting of the Urban Coalition being held in Helena. The City Manager will report at next week's Commission meeting on the Urban Coalition meeting. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Claim for payment - Kurt Shook, MPA Intern Assistant City Manager Barrick presented to the Commission a request for payment of a claim for Kurt Shook, MPA Intern, for the month of January. Commissioner Weaver stated that Mr. Shook is working for the City on a six-month MPA I Intern program through Montana State University. He stated that the paperwork to be completed prior to payment for the intern's services has taken time, and Kurt Shook has not been paid for his work during January. Commissioner Weaver noted that processing of this special claim would pay Kurt for his January work, and the paperwork will then allow for payment on time for the remainder of the internship. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Director of Finance to pay the claim in the amount of $650.00 to Kurt Shook, MPA Intern, for the month of January 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. Request - variance to sign code - Wortman's Floral, 25 South Willson Assistant City Manager Barrick presented to the Commission a request on behalf of Wortman's Floral for a variance to the sign code at 25 South Willson. Mayor Stiff asked if the requested variance to the sign code is basically the same as the rest of the wooden sign variances granted for the Downtowner Mall. Building Official Gene Yde stated that it is. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request for variance to the sign code on behalf of Wortman's Floral, 25 South Wi II son. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - proposed Ordinance No. 1125 - establishing new license fee for electronic games7 devices Assistant City Manager Barrick presented the proposed ordinance, entitled: 02-07-83 407 ,. ORDINANCE NO. 1125 AN ORDI NANCE OF THE CITY OF BOZEMAN, MONT ANA, AMENDI NG SECTION 3.12.040 OF THE BOZEMAN MUNICIPAL CODE AS FOUND IN ORDINANCE NO. 1123, PROVIDING FOR A LICENSE FEE FOR ELECTRONIC GAMES AND OTHER MECHANICAL DEVICES OPERATED FOR AMUSEMENT. The Assistant City Manager noted that this proposed ordinance would amend the current I Business License Ordinance to change the license fee per machine or device from $40.00 per year to $25.00 per year and to establ ish a maximum charge of $150.00 per year for any loca- tion where six or more machines and devices are placed. He stated that this proposal is the result of a meeting with the Attorney representing D and R Vending and other businesses. The Assistant City Manager recommended that the Commission adopt the proposed ordinance and set March 7, 1983 as the public hearing date. Mr. John Stocksdale, D and R Vending, asked if the proposed ordinance would include provision for a second poker machine at establishments within the city I imjts. Commissioner Weaver noted that the Commission had indicated that the number of elec- tronic gambling machines per establishment will be considered in the Spring. Assistant City Manager Barrick stated that the license fee for electronic games and mechanical devices is a separate issue from electronic gambling machines. He noted that electronic games and mechanical devices are listed in one section of the Business License Ordinance, while electronic gambling machines are located in two other sections of the Ordinance. The Assistant City Manager recommended that the Commission consider the section pertaining to electronic games and mechanical devices as a separate issue from the sections pertaining to electronic gambling machines. Mr. Stocksdale suggested that the Commission review the County's ordinance regulating electronic gambling machines and attempt to coordinate the City's ordinance with the County's ordinance. He noted that the differences in the current ordinances are minor, but they do create confusion. The major differences are the number of electronic gambling machines I allowed per establishment, the fees and the fact that the County provides for a prorated I icense fee. Assistant City Manager Barrick once again recommended that the Commission provi- sionally adopt the proposed revision to the Business License Ordinance and establish the public hearing date. He stated that the City Staff will contact Mr. Stocksdale when the public hearing will be held. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission provisionally adopt Ordinance No. 1125, which establishes new license fees for electronic gamesl devices and set the public hearing date for March 7, 1983. 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. Monthly report - reinstatement of accelerated SI D's for period December 13, 1982 through January 31, 1983 Assistant City Manager Barrick presented to the Commission the monthly report for the reinstatement of accelerated SI D's for the period December 13, 1982 through January 31, 1983, as prepared by the Director of Finance. Assistant City Manager Barrick recommended that the Commission acknowledge this report. Director of Finance Swan stated that this report is submitted in compliance with Com- mission Resolution No. 2444, which provided for the acceleration of subsequent installments if I the current installment on a Special Improvement District becomes delinquent. She further noted that the resolution provides that the Director of Finance and City Manager may reinstate subsequent installments on the books of the City if the current delinquent installment and penalty and interest are paid. The Director of Finance reviewed the report submitted, noting that it provides a list of the property owners, the amount of the current assessment, penalty and interest, and the amount reinstated on the books of the City. She noted that as of December 13, 1982, the City 02-07-83 408 certified $225,410.02 in delinquent 1982 assessments to the County. The delinquent assess- ments collected as of January 31,1983, total $37,511.77, or 16 percent of the total certified to the County. The City has reinstated $202,509.83 of the $1,165,935.78, or 17 percent, of accelerated payments certified under Commission Resolution No. 2444, on the City's books. Director of Finance Swan stated that the acceleration of delinquent Special Improvement Districts has seemed to help collect the payments. She noted that several people have indi- cated when they paid their assessments that they would not have paid the assessment if the I acceleration policy were not in effect. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the report on the reinstatement of accelerated SI D's for the period December 13, 1982 through January 31,1983, as prepared by the Director of Finance, be acknowledged. 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. Exchange of Information for evaluating employees Assistant City Manager Barrick noted that this was the time the Commission had set for the exchange of information on the evaluation of employees. Mayor Stiff stated that the Commission needs to establish a springboard into the eval uation process. Commissioner Vant Hull stated that Ms. Lucille Mills, a Billings Council person , stated that they use the evaluation form printed in I CMA booklet concerning evaluation of the chief administrator. Commissioner Weaver stated that the evaluation should be based on objective perfor- mance of specified tasks. He noted that the test of evaluation of the Chief Executive is achievement of the goals set. Commissioner Vant Hull noted that the ideal situation is to set goals and then evaluate the individual. She noted that the Commission did not set goals one year ago, She also feels that the City Manager deserves an opportunity for input. I Mayor Stiff stated that the basis for evaluation should be established. He noted that the Commission has not evaluated the performance of the executive in the past on an annual basis. The Mayor then asked if the Commission wishes to use an evaluation form as a basis for discussion. The Commission concurred that an evaluation form would help in the discussion, but they do not feel that it should be the only basis for the evaluation. Commissioner Weaver suggested that, since the Commission has set no objectives in the past for the purpose of evaluation, the Commission now establish objectives for the ensuing year and use those objectives as a basis for a retrospective evaluation of the past year. Mayor Stiff stated that the City Manager is hired to manage the City, and he deserves to know how the Commission feels about his performance. The Commission discussed when the evaluation should be conducted. They concurred that the evaluation should be conducted during a regular meeting. The Commission may set an executive session, but the individuals being evaluated may waive the right to an executive session and request that the evaluation be conducted during the regular business session. Mayor Stiff requested that a discussion on the format for the evaluation of the Com- mission's employees be placed on the agenda for February 22, 1983; and that the evaluation of the Commission's employees be conducted on February 28, 1983. Appointments to Community Development Block Grant Committee Mayor Stiff noted that three applications have been received for the Community Develop- I ment Block Grant Committee, including Marie Gambill, Jane Schilling Jelinski and Jeff Rupp, all of whom served on last year's committee. He stated that he contacted the two persons he had recommended for last year's committee, and both Asgar Mikkelsen and Ted Koterwas have indi- cated that they will serve on this year's committee. Commissioner Anderson stated that Jane Jelinski has submitted an application to serve this year, and Dr. Ken Tiahrt has indicated a willingness to serve. 02-07-83 409 Commissioner Mathre stated that she talked to Roger Craft, and he stated that if he does not serve, another member of the DDA would serve on the committee. Commissioner Vant Hull stated that Ms. Perkins felt that she is not effective in committees and does not wish to serve this year. Commissioner Weaver stated that Mr. Robert Evans was unable to attend many of the meetings last year and would probably be an ineffective member this year. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the following be appointed to the Community Development Block Grant Committee: Roger Craft or another representative of DDA Marie Gambill Jane Schilling Jelinski Ted Koterwas Asgar Mikkelson Jeff Rupp Ken Tiahrt 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. Mayor Stiff requested that Assistant Planner Mike Money contact the members of the committee for an initial meeting to be held after next week's Commission meeting, when the additional members of the committee will hopefully be appointed. Appointments to Parking Commission Mayor Stiff stated that the Parking Commission has requested that Steve Quayle be replaced. He noted that the Parking Commission has recommended Mr. Tim Fitzgerald as a possible replacement. The Mayor requested that the Commission concur in this recommenda- tion. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission appoint Mr. Tim Fitzgerald to the Parking Commission with a term to expire on I June 30, 1986. 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. Appointments to Pedestrian/Traffic Safety Committee Mayor Stiff stated that he had talked with Mr. George McClure, who has submitted a letter of resignation from the PedestrianlTraffic Safety Committee. Mr. McClure had indicated two areas of concern, those being the lack of response by the City administration to various recommendations and failure of the School District to provide training for crossing attendants. Commissioner Weaver noted that the Pedestrian/Traffic Safety Committee was a creature of the Technical Advisory Committee and the Policy Coordinating Committee, which are federally regulated. The Commissioner then indicated that he would like to know to whom the committee is responsible. Mayor Stiff noted that the City should listen to the committees or eliminate them. Commissioner Anderson requested that the Staff research the history of the committee and determine its function. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission invite the Chairman and any interested members of the PedestrianlTraffic Safety Committee to explain to the Commission its purpose, function and problems. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, to call for the question. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Weaver, Commissioner Vant Hull and Commissioner Mathre; those voting No being Commissioner Anderson and Mayor Stiff. The main motion then carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull and Commissioner Mathre; those voting No being Commissioner Anderson and Mayor Stiff. Assistant City Manager Barrick stated that the Staff will research the formation of the PedestrianlTraffic Safety Committee prior to a presentation by the Chairman of the Committee. 02-07-83 41D Appointments to Senior Center Advisory Council Mayor Stiff recommended that the Commission concur in the recommendations submitted by the Senior Center Advisory Council as follows: Berl Hamilton to replace Dennis Myers, to expire December 31, 1983 John Mandeville to replace Mac Bryant, member at large It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint Berl Hamilton to replace Dennis Myers, with a term to expire on December I 31, 1983, and appoint John Mandeville to replace Mac Bryant, member at large, to the Senior Center Advisory Council. 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. Appointments to Zoning Commission Mayor Stiff noted that letters of resignation have been received from Lyn Taylor and Kenneth Spain. The Mayor stated that several applications are on file for the Zoning Commis- sion. He further stated that Commissioner Mathre has requested that a ballot be prepared for the selection of two new members to the Zoning Commission. The Commissioners then cast secret ballots and Jeffrey K. Rupp and Richard M. Shanahan received the highest number of votes. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Jeffrey K. Rupp, with a term to expire December 31, 1983, and Richard M. Shanahan, with a term to expire June 30, 1983, to the Zoning Commission. 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. Information item - closing of City Hall on Februar 11, Lincoln's Birthday, and Februar 21 , Washington's Birthday; and change 0 meeting date due to oiday Assistant City Manager Barrick noted that City Hall will be closed on Friday, February I 11, 1983, as a day off in lieu of the holiday for Lincoln's Birthday. He also noted that City Hall will be closed on Monday, February 21, in observance of the holiday for Washington's Birthday. The Assistant City Manager noted that the Commission adopted a policy on Apri I 5, 1982, that if a Monday is a holiday under State law, the Commission meeting will be held on the following Tuesday. He then recommended that the Commission reaffirm its policy and set the regular meeting of the Commission on Tuesday, February 22, rather than Monday, February 21, 1983. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion reaffirm its policy and set the regular meeting of the Commission on Tuesday, February 22, rather than Monday, February 21, 1983, due to Washington's Birthday. 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. Legislative Update Assistant City Manager Barrick stated that the City Manager had called from Helena just prior to the meeting. He indicated that a committee hearing will be held on the Governor's Block Grant proposal on Thursday at 12:30 p.m., and anyone interested should attend to testify in support of the bi II. City Manager Evans also indicated that this bill is supported by the League of Cities and Towns. Commissioner Anderson stated that the City must be represented at the hearing on Thursday. She stated that she has a copy of HB 614, proposed by John Vincent, to increase I the penalty on delinquent taxes from 5/6 of 1 percent to 1 percent per month interest rate. Also, HB 329 would provide for reinstatement of the business inventory tax. H B 599 would provide for a state-wide hotel/motel tax; and H B 230 would provide for a local option hotel I motel tax. The League of Cities will support whichever bill appears to gain the most momen- tum. 02-07-83 411 Commissioner Vant Hull stated that she will attend the hearing on the Governor's Block Grant proposal on Thursday. Mayor Stiff stated that he will be in Helena on Friday and will attend the 3: 00 p. m. session with the Lieutenant Governor if possible. Commissioner Vant Hull stated that at the public hearing on Coal Severance Tax Fund monies for development of parks, testimony was given that the proposed Glenlake Park would I not require extensive improvement funds because the proposal would allow the park to remain in basically a natural state. The Commissioner noted that she strongly indicated to the committee that the City has no funds to develop or maintain a park at this time. She also stated that the request for funding of the Lake Elmo project at Billings was lowered to $1.6 million, which is the total amount of money available. Mayor Stiff asked if anyone is generating a basic letter that the Commissioners could follow when writing their personal letters to the Legislators. Commissioner Vant Hull stated that she will develop a basic letter, and the Commis- sioners then can use the points that they wish to support individually. Proclamation - "Hearts Pledge Week" - February 13-19, 1983 Mayor Stiff proclaimed the week of February 13 through 19, 1983, as II Hearts Pledge Week" in the City of Bozeman and called on the citizens of Bozeman to join in encouraging productive school and community citizenship by supporting the Worthy Student Scholarship Fund. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. 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 conduct parade - Sweet Pea '83 - Saturday, August 6, 1983, I 10:00 a.m. Assistant City Manager Barrick presented to the Commission a request on behalf of Sweet Pea '83 for permission to conduct a parade at 10: 00 a. m. on Saturday, August 6, 1983. He noted that the Police Chief has indicated he has no problem with this request and rec- ommended approval. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Sweet Pea '83 for permission to conduct a parade at 10:00 a.m. on Saturday, August 6,1983. 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 Raffle License - Quilters' Guild - March 27, 1983 Assistant City Manager Barrick presented to the Commission an application for Raffle License on behalf of the Quilters' Guild for a raffle to be held on March 27, 1983. To be raffled is a Blue Dresden Plate quilt valued at $400.00. The Assistant City Manager noted that this raffle was initially approved on April 12, 1982 for a period almost one year in length. That action was corrected on November 15, 1982; and the Commission is now acting on an appli- cation which will bring the raffle into compliance with State Law. He stated that the new application had originally listed an incorrect raffle date, but that error has now been corrected; and he recommended approval of the application. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission approve the application for Raffle License on behalf of the Quilters' Guild for a raffle to be held March 27, 1983. 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. 02-07-83 l1 ') f..... .(c Proclamation - "Big Brothers and Sisters Appreciation Week of Bozeman" - February 13-19, 1983 - Mayor Stiff proclaimed the week of February 13 through 19, 1983 as "Big Brothers and Sisters Appreciation Week" in the City of Bozeman and encouraged community support of this worthwhile organization. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission concur in the Mayor's proclamation. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - permission to attend - Montana Institute for Municipal Clerks - MSU - March 20-25, 1983 - Clerk of Commission Sullivan Assistant City Manager Barrick presented to the Commission a request on behalf of Clerk of the Commission Sullivan for permission to attend the Montana I nstitute for Municipal Clerks at Montana State University, to be held March 20-25, 1983, and that Kathleen Norman be named Acting Clerk of the Commission. The approximate cost of this I nstitute is $150.00, and is a budgeted item. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Clerk of the Commission Sullivan for permission to attend the Montana Institute for Municipal Clerks at Montana State University, to be held on March 20-25, 1983 and, it being in the public interest, her $150.00 tuition be paid from the appropriate fund; and appoint Kathleen Norman as Acting Clerk of the Commission. 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 - replace crossing on East Gallatin - Under- ground Construction I Assistant City Manager Barrick presented to the Commission the Contract Documents for Underground Construction, Bozeman, Montana, to replace the water line crossing under the East Gallatin River. He noted that the bid for this project was awarded by the Commission at its regular meeting on January 17, 1983. He requested that the Commission authorize the Mayor to sign these Contract Documents. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Contract Documents for Underground Construction, Bozeman, Montana, to replace the water line cross- ing on the East Gallatin River. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Change Order No. 1 - Water System Improvements Project, Group I - increase in the amount of $30,650.60 - Johnston Excavating, Inc. Assistant City Manager Barrick presented to the Commission Change Order No. 1 for Johnston Excavating, Inc., Bozeman, Montana, for the Water System Improvements Project, Group I, for an increase to the contract price in the amount of $30,650.60. This Change Order provides for more valves in the main water transmission line along Sourdough Road and would provide for motor operated rather than manual valves. The Assistant City Manager recommended that the Mayor be authorized to sign the Change Order. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission authorize and direct the Mayor to sign Change Order No. 1 for Johnston Excavating, I nc., Bozeman, Montana, for the Water System I mprovements Project, Group I, for a contract increase in the amount of $30,650.60. 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. 02-07-83 413 Authorize Mayor to sign - EPA Assistance Agreement - Waste Water Treatment Plant, Step 3 - revise budget and payment schedule Assistant City Manager Barrick presented to the Commission an EPA Assistance Agree- ment for the Waste Water Treatment Plant, Phase I, Step 3, revising the budget and payment schedule. The Assistant City Manager recommended that the Mayor be authorized to sign the EPA Assistance Agreement. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Com- mission authorize and direct the Mayor to sign the EPA Assistance Agreement for the Waste Water Treatment Plant, Step 3, revising the budget and payment schedule. 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 Ma~or to sign - Request for Reimbursement - Waste Water Treatment Plant - Phase I, Step 3, - 58,413.00 Assistant City Manager Barrick presented to the Commission a Request for Reimburse- ment from EPA for the Waste Water Treatment Plant, Phase I, Step 3. This is Partial Payment Request No. 18 in the amount of $58,413.00. The Assistant City Manager recommended that the Commission authorize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Mayor to sign the Request for Reimbursement for the Waste Water Treatment Plant, Phase I, Step 3, in the amount of $58,413.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Reimbursement - Waste Water Treatment Plant - Phase II, Step 3 - $30,577.00 Assistant City Manager Barrick presented to the Commission a Request for Reimburse- I ment from EPA for the Waste Water Treatment Plant, Phase II, Step 3. This is Partial Payment Request No. 11, in the amount of $30,577.00. The Assistant City Manager recommended that the Commission authorize the Mayor to sign the Request for Reimbursement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor to sign the Request for Reimbursement for the Waste Water Treatment Plant, Phase II, Step 3, in the amount of $30,577.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge report - Bui Iding I nspection Division for January 1983 Assistant City Manager Barrick stated that the monthly report for the Building Inspec- tion Division for January 1983 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion acknowledge the monthly report for the Building Inspection Division for January 1983 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Claims Claims for the past two weeks were presented. The Assistant City Manager stated he had checked the claims and found them to be true and correct and recommended that the Director I of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull t that the claims be approved for payment as submitted. 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. 02-07-83 '+~ L. ...... , Executive Session at 5: 30 p. m. - Litigation Mayor Stiff called an Executive Session of the Commission at 5:30 p.m. for the purpose of discussing the litigation on the Special Improvement Districts in Valley Unit Subdivision and requested that all persons except the Commissioners, Assistant City Manager Barrick, City Attorney Crumbaker-Smith, Attorney Bob Planalp and the Clerk leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 6: lOp. m. and reconvened the meeting. I Recess - 6: lOp. m. Mayor Stiff declared a recess at 6: lOp. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:05 p.m. Mayor Stiff reconvened the Commission meeting at 7:05 p.m. for the purpose of con- ducting the scheduled public hearings. Continued public hearing - Zone Code Amendment - Adding Section 18.69.240, Water Course Setback, to Chapter 18.69; and Section 18.06.625 to Chapter 18.06 This was the time and place set for the continued public hearing on the Zone Code Amendment requested by the Planning Staff to add Section 18.69.240, Water Course Setbacks, to Chapter 18.69, and to add Section 18.06.625 to Chapter 18.06. Assistant City Manager Barrick noted that this public hearing had been opened on December 6, 1982; continued to January 3 and January 17, 1983; and continued once again to this meeting. The Assistant City Manager then recommended that the Mayor open the continued public hearing. Mayor Stiff opened the continued public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Zoning Commission has recommended approval of the Zone Code Amendment, subject to conditions. These conditions include that the City Attorney review the proposal, and she has recommended I that the second paragraph proposed in Section 18.69.240 be stricken. The Commission received a letter from Mr. Robert Thompson, 424 South Bozeman, indi- cating opposition to the adoption of the Zone Code Amendment. No one was present to speak in support of or in opposition to the approval of the proposed Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Rex Clark - to allow an office building for construc- tion, engineering and livestock companies on Lot 4, Bomont Center Subdivision This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Rex Clark to allow an office building for construction, engineering and livestock companies on Lot 4, Bomont Center Subdivision. The site is located at the corner of Gold Avenue and Bond Street. The Assistant City Manager noted that the public hearing was originally opened on January 17, 1983 and was continued because the Zoning Commission had continued the public hearing due to lack of information. The Zoning Commission has once again continued the public hearing, and the Assistant City Manager recommended that the Commission open and continue this public hearing to March 7, 1983. Mayor Stiff opened the publ ic hearing. There was no one present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Stiff continued the public hearing to March 7, 1983, due to lack of information. I Public hearinq - Zone Code Amendment - to allow mobile homes in Residential Zoning Districts as a Conditional Use This was the time and place set for the public hearing on the Zone Code Amendment to allow mobile homes as a Conditional Use in Residential Zoning Districts. The Assistant City Manager requested that the Mayor open and continue the publ ic hearing to Apri I 4, 1983. 02-07-83 415 Mayor Stiff opened the public hearing. Mayor Stiff asked if this proposed Zone Code Amendment would help the current situation of Mrs. Francis Barnett, with her mobile home located in an AS Zone under an agreement with the City. Assistant Planner Mike Money stated that the Staff Findings suggested to the Zoning Commission would not help Mrs. Barnett's situation. He stated that the Planning Staff has I recommended that mobile homes be allowed as a Conditional Use in the AS Zone as a secondary use, i. e., to house hired hands on a ranch or farm. The Assistant Planner stated that the Zoning Commission heard the Staff report, and no one was present to speak in support of or in opposition to the proposed Zone Code Amendment. The proposed Amendment would allow mobile homes in four districts, the AS, R-S, R-3 and R-2-A. Development criteria must be established to allow mobile homes in each of these dis- tricts, but the Staff has not has sufficient time to develop proposed development criteria for consideration by the Zoning Commission and City Commission. Commissioner Vant Hull asked about the location of Mrs. Barnett's mobile home just across the road from King Arthur Mobile Home Park. Assistant Planner Mike Money stated that no mobile home court inside or outside the city limits of Bozeman is a permitted use, but all are non-conforming uses that were estab- lished prior to the current zoning of the various areas. Commissioner Vant Hull asked if the current legal case in Butte will have any effect on the placement of mobile homes in various zones in Bozeman. Assistant Planner Mike Money stated that the case in Butte may affect the location of mobi Ie homes in Bozeman. He stated that the Planning Staff has proposed an Amendment to establish in which zoning districts mobile homes would be allowed, and the conditions and development criteria which must be met to ensure that the mobile homes are compatible with other structures in the various zoning districts. Mayor Stiff requested that it be communicated to Mrs. Francis Barnett that the pro- I posed Zone Code Amendment would not provide that her mobile home can remain permanently in its present location. Commissioner Mathre stated that she has spoken with Mrs. Barnett in the past; and she will contact her on this matter. Mayor Stiff continued the public hearing to April 4, 1983. Public hearing - Zone Map Change - AS to B-2 - William J. Sebena - NW! SEL Section 8, T2S, R6E, MPM (2.2 acres east of the 1-90 east interchange on the north side of Frontage Road) This was the time and place set for the public hearing on the Zone Change from AS to B-2 as requested by William J. Sebena for that parcel of land located in the NW! of the SEt, of Section 8, Township 2 South, Range 6 East, MPM, or more commonly known as the 2.2 acres located east of the 1-90 Bozeman east interchange on the north side of Frontage Road. The Assistant City Manager requested that the Mayor open and conduct the public hearing. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Zoning Commission conducted the public hearing, including hearing public testimony, and recommended denial of the requested Zone Map Change due to the physical limitations of the property and the lack of central services. On January 31, 1983, the Planning Staff received a letter from Mr. Sebena's attorney requesting that the public hearing be reopened because Mr. Sebena had not been present at the scheduled publ ic hearing, and his testimony had not been received. As of this date, Mr. Sebena has submitted another application (identical to the original application) and paid his I application fee once again. The application has been scheduled for public hearing before the Zoning Commission on February 22, 1983 and before the City Commission on March 21, 1983. The Assistant Planner then recommended that the Commission conduct and close the public hearing and make a decision on this application. The Commission will then have an opportunity to hear the public hearing on the resubmittal of this application on March 21, 1983. He noted that the applicant is not present at this public hearing because of the rec- ommendation for denial from the Zoning Commission. Mr. Sebena felt that this recommendation 02-07-83 1+15 would shed an unfavorable light on his application that would be hard to overcome before the City Commission. Mayor Stiff asked if testimony received at this public hearing can be acknowledged and considered at the second public hearing as if it had been received at that time. Planning Director John Moss stated that the testimony received at this public hearing cannot be considered at the second public hearing because two separate applications are in- volved. I Mr. Skip Shields stated that the neighbors do not have a complete presentation ready for this public hearing due to the fact that the new public hearing has been scheduled. He stated that the groundwater is normally within three feet of the surface on the parcel of land in question. No monitoring of the groundwater has been done, and no provision has been made to take care of the problems the high water table would create. Mr. Shields noted that this 2. 2-acre parcel is now privately owned due to a State Highway Department land sale. The parcel is bordered on the south by Frontage Road, on the west side by Interstate 90, and the railroad tracks run diagonally along the northeast side. Access to the parcel is through a private road which is also used by residents who live in an AS, ten-acre tract, zone beyond th is parcel. Mr. Shields stated that Mr. Sebena has already attempted to quiet title on this private road. Mrs. Shirley Hartzheim stated that the neighbors in the area are concerned about what Mr. Sebena proposes to do with the property. Rumors indicated that he may wish to place a mobile home court on the property; and he may attempt to ma ke the road a County road rather than a private road. She also stated concern that Mr. Sebena has been allowed to resubmit the application and asked if he will be able to keep filing applications if they are denied in the future. Planning Director John Moss stated that the Planning Staff accepted the second appli- cation because the applicant stated that he was not notified of the first public hearing. Mr. Moss noted that it is standard policy that an applicant is notified of the date of public hearing on two separate occasions, but the Planning Staff has no proof of those notifications and the I applicant has submitted a notarized statement that he was not notified. Therefore, they have accepted the second application to ensure that the applicant is heard. Mr. Moss feels that the State Statute provides a limit on the number of times an appl ication may be resubmitted. Mr. Chuck Wheat stated opposition to the proposed Zone Map Change. He noted that no water or sewer services are available to the parcel for possible business development. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Ordinance No. 1119 - adoption of "Uniform Building Code, 1982 Edition" Th is was the time and place set for the publ ic hearing on Ordinance No. 1119, entitled: ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.04.010 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE REGU- LATION, ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, RE- PAl R, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIP- MENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF BOZEMAN, MONTANA. Mayor Stiff opened the public hearing. Assistant City Manager Barrick noted that Glen Edsall, Building Inspector, was present to answer any questions the Commissioners may have about any of these four ordinances. There was no one present to speak in support of or in opposition to the final adoption of Ordinance No. 1119. Mayor Stiff closed the public hearing. I Assistant Manager Barrick recommended that the Commission finally adopt Ordinance No. 1119. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1119, adopting the "Uniform Bui Iding Code, 1982 Edition." 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. 02-07-83 411 Ordinance No. 1120 - adoption of "Uniform Mechanical Code, 1982 Edition" This was the time and place set for the public hearing on Ordinance No. 1120, entitled: ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.12.010 OF THE BOZEMAN MUNICIPAL CODE REGULATING AND CON- TROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION AND MAINTENANCE OF HEATING, I VENTILATING, COMFORT COOKING, REFRIGERATION SYSTEMS, INCINERA- TORS, AND OTHER MISCELLANEOUS HEAT PRODUCING APPLIANCES IN THE CITY OF BOZEMAN, MONTANA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, I N THE CITY OF BOZEMAN, MONTANA. Mayor Stiff opened the publ ic hearing. There was no one present to speak in support of or in opposition to the final adoption of Ordinance No. 1120. Mayor Stiff closed the public hearing. Assistant Manager Barrick recommended that the Commission finally adopt Ordinance No. 1120. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1120, adopting the "Uniform Mechanical Code, 1982 Edition" and proposed fee schedule. 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. 1121 - adoption of "Uniform Plumbing Code, 1982 Edition" This was the time and place set for the public hearing on Ordinance No. 1121, entitled: ORDINANCE NO. 1121 AN ORDI NANCE OF THE CITY OF BOZEMAN, MONT ANA, AMENDI NG CHAPTER 15.16 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE PROTEC- I TION OF THE PUBLIC HEALTH AND SAFETY; REQUIRING A PERMIT AND INSPECTION FOR THE INSTALLATION OR ALTERATION OF PLUMBING AND DRAINAGE SYSTEMS; DELETING THE FEE SCHEDULE IN SECTION 20.7, PART 1, AND REPLACING WITH A NEW FEE SCHEDULE IN THE CITY OF BOZEMAN, MONTANA. Mayor Stiff opened the public hearing. There was no one present to speak in support of or in opposition to the final adoption of Ordinance No. 1121. Mayor Stiff closed the public hearing. Assistant Manager Barrick recommended that the Commission finally adopt Ordinance No. 1121. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion finally adopt Ordinance No. 1121, adopting the "Uniform Plumbing Code, 1982 Edition" and proposed fee schedule. 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. Ordinance No. 1122 - adoption of the "Abatement of Dangerous Building Code, 1982 Edition" This was the time and place set for the publ ic hearing on Ordinance No. 1122, entitled: ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ENACTING SECTION 15.24.010 OF THE BOZEMAN MUNICIPAL CODE, REGULATING THE ALTERA- TIONS, ADDITIONS AND REPAIRS OF ALL STRUCTURES IN THE CITY OF I BOZEMAN, MONTANA; PROVIDING FOR THE PROPER LEGAL STEPS IN ABATING DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LIFE, LIMB, HEAL TH, MORALS, PROPERTY, SAFETY, OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS IN THE CITY OF BOZEMAN, MONTANA. Mayor Stiff opened the publ ic hearing. There was no one present to speak in support of or in opposition to the final adoption of Ordinance No. 1122. 02-07-83 ItJ8 Mayor Stiff closed the public hearing. Assistant City Manager Barrick recommended that the Commission finally adopt Ordinance No. 1122. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1122, adopting the "Uniform Code for Abatement of Dangerous Buildings, 1982 Edition." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, I Commissioner Mathre and Mayor Stiff; those voting No, none. General discussion Commissioner Vant Hull noted that the letter from the State Highway Department in answer to the Commission's request for additional study of traffic signals on West Main indi- cates that a public meeting will be held, but does not state whether it will be before or after the study is completed. Assistant City Manager Barrick noted that the Director of Public Service (Works) has suggested that the Commission write another letter to the Highway Department requesting that the study be completed prior to May 15, 1983, so that the traffic situation for nine months of the year is accurately reflected. Mayor Stiff requested that the Director of Public Service (Works) draft a letter to the State Highway Department requesting that a public meeting be held prior to the undertaking of the study and that the study be completed prior to May 15, 1983. Mayor Stiff then noted that a public meeting will be held on Wednesday evening concern- ing the possible relocation of the hospital to property currently owned by Montana State Uni- versity on the west side of the city. City Manager Evans (who returned from Helena late in the meeting) stated that if the hospital is relocated to the west side of the city through a land swap with Montana State University, it is possible that the hospital will not need to request any action from the City Commission due to the fact that the land is already zoned PLI. He also noted that the hospital I may not be able to request aid in funding through the City, such as I ndustrial Development Revenue Bonds, due to the fact that the Bozeman Deaconess Hospital is a church related activity. Mayor Stiff stated concern about the potential impact on City services if the hospital is moved from the downtown area. The Commission then requested that the Staff prepare all informa- tion possible on the impact on primarily police and fire services if the hospital were to be moved so that the information can be submitted at the public meeting on Wednesday evening. Adjournment - 8:20 p,m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjourned. 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. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 02-07-83