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HomeMy WebLinkAbout1983-02-22 42'9 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 22, 1983 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, February 22, 1983, at 4:00 p,m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney 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 February 14, 1983, were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. City Manager Evans requested that the application for Raffle License for the Civil Air Patrol be removed for discussion. Continued discussion - handicapped parking and loading zones in the downtown area Assistant Manager Barrick stated that, as a result of last week's discussion, he re- viewed the loading zone situation on South Bozeman Avenue next to Gallatin Laundry. Mr. Barrick stated that Mr. O'Connell has expressed a valid point because delivery vehicles are constantly loading and unloading during the business day. He further noted that Mr. O'Connell has taken steps to alleviate abuse of the loading zone by renting stalls for his vehicles when they are not in use. The Assistant City Manager recommended that this load- ing zone not be removed. Mr. Mike Dawkins, I nsty Prints, 29 South Tracy Avenue, stated that the loading zone on the west side of South Tracy Avenue near the alley is frequently used by customers. He I noted that his printing shop is a convenience business, and loss of an easily accessible parking stall may cause a loss of business. He suggested that if a loading zone must be removed, the City consider removing one of the loading zones beside Terrell's Office Machines on West Babcock Street. Mr. L. E. Shannon, The Singer Sewing Center, 23 South Tracy Avenue, stated that many of his customers use the loading zone on the west side of South Tracy Avenue. He stated that some of the customers have heavy cabinets, and it is difficult to carry them any distance. Mr. Shannon stated that he tried for three years to get the loading zone installed; and the loading zone has existed for ten to fifteen years. He further stated that there is no real access to the rear of his store due to the fact that trucks making deliveries are usually blocking the alley. Assistant City Manager Barrick stated that this is another loading zone that could be allowed to remain if the Commission so chooses. Commissioner Weaver asked how allowing these two loading zones to remain would impact the handicapped parking proposal. Assistant City Manager Barrick stated that to allow the two loading zones to remain would only reduce the number of available parking spaces for other people in the downtown area. He noted that the proposal submitted to the Commission attempts to address the Parking Commission's concern over loss of parking stalls in the downtown area. He further noted that the loading zones and handicapped parking stalls are two separate issues, but the Commission has requested that they be addressed at the same time. I Commissioner Vant Hull suggested that parking spaces for sub-compact cars be es- tablished close to the corners, where parking spaces currently do not exist. Commissioner Mathre noted that this suggestion has been previously made. I t was noted at that time that an enforcement problem would be incurred; and the City does not have the resources to provide adequate enforcement. Mrs. Shirley Sedivy stated that she has reviewed the map indicating the proposed loca- tion of handicapped parking stalls. She noted that each handicapped parking stall in a parking 02-22-83 4.....n ,-' u lot must be 12 to 16 feet in width, or 1 t to 2 times the normal parking stall. She then suggested that one parking stall be provided in each parking lot in a position that would allow a handicapped driver to transfer to a wheelchair or for a right side loading unit. Mrs. Sedivy further suggested that the number of handicapped parking spaces on Main Street be increased from six to eight. She noted that the two additional parking spaces could possibly be provided on side streets rather than on Main Street if necessary. Mrs. Sedivy further stated that her estimation on the number of handicapped persons I in the Bozeman area that she gave last week may have been low. She noted that there may be 500 handicapped persons, and a total of eleven handicapped parking spaces in the downtown area does not seem like too many spaces. Assistant City Manager Barrick stated that when he and Director of Public Service (Works) were preparing their recommendation, they reviewed the national standards and then recommended six handicapped parking stalls on Main Street, which is slightly more than the national standards suggested. They then added proposed parking stalls in the parking lots to further increase handicapped access to the downtown area. Mayor Stiff asked if any funding has been offered by any of the civic organizations in Bozeman. Commissioner Anderson stated she and Commissioner Weaver had discussed with the Centennial Committee the possibility of community support of funding for the lay-down curbs. Mrs. Sedivy stated that the owner of Gallatin Prosthetics has indicated a willingness to donate to the project. City Manager Evans recommended that the Commission approve the installation of six handicapped parking stalls along Main Street and one each in the parking lots at the corners of East Babcock Street and South Rouse Avenue and East Mendenhall Street and North Black Avenue and authorize the removal of three loading zones in the downtown area. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the City Staff to take the necessary steps to provide six handicapped parking spaces along Main Street and one in each of the parking lots located at I the corner of East Babcock Street and South Rouse Avenue and the corner of East Mendenhall Street and North Black Avenue and remove three of the five proposed loading zones, leaving the loading zones on South Bozeman Avenue beside Gallatin Laundry and on South Tracy Avenue by Singer Sewing Company. 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. Mr. Bob Frazier, on behalf of the Wheelchairs, Crutches and People organization at Montana State University, presented to the Commission a donation in the amount of $250.00 to help in the installation of lay-down curbs in the downtown area. Request - policy to grant permission for Bozeman Senior High School "Champs" to ride down Main Street on top of fi re trucks when they win State championships City Manager Evans presented to the Commission a request from the Bozeman Senior High School seeking permission for Bozeman High School "Champs" to ride down Main Street on top of fire trucks when a State championship is won. He noted that in a letter from the Fire Division, Fire Chief Lewis indicated that he would have no objection to leading a parade with a fire truck and allowing the team captain to ride in the fire truck down Main Street, but that the Fire Division allows no one to ride outside the truck due to safety reasons. The City Manager also noted that a liability could be incurred by the City if someone were to fall from the truck and be injured. Also, he stated if a fire were to occur when a fire truck is being used in a parade, it would take more time to respond to the fire call, which could I result in an additional liability to the City. Commissioner Vant Hull asked if this policy would apply only to athletics or if all events, such as drama and speech, would be included. Mr. Joe McKethen, Supervisor of Activities at Bozeman Senior High School, stated that the policy would apply to any group that has gone through competition to win a State champion- ship. He stated that the School would pursue liability insurance coverage through their 02-22-83 ~,31 program. He also stated that the School does not wish to create a problem and said that the students could be instructed to get off the fire truck if an emergency arose so that little response time would be lost. Commissioner Anderson asked how many times a year a State championship might be won. Mr. McKethen noted that three groups have won State championships in the past month. I However, he estimates that the average would be once every two years. He also noted that a championship parade would usually be held on a Sunday afternoon, probably in November, March or May. Commissioner Weaver noted that recognition of State champions is important to the people involved and the community. He noted concern about the liability involved and possible personal injury if someone were to fall off the fire truck. He asked if there might be some other way to produce the same effect as riding on a fire truck. Mr. McKethen noted that a certain thrill is involved in riding on a fire truck in recognition of winning a State championship. He stated that it might be possible to have a fire truck lead a parade and have one or two flatbed trucks follow, carrying the State champions. The Commission deferred action on the request until Mr. McKethen has had time to complete research on the suggestions presented and possible liability insurance coverage. Discussion - air quality - Dr. King, City-County Health Officer, and Jim Heimbach, MSU (5:00 p.m.) City Manager Evans noted that the Commission has requested a presentation on air quality in Bozeman from Dr. King, City-County Health Officer, and Mr. Jim Heimbach, Associate Research Meteorologist at Montana State University. Mr. Emery Nelson, County Sanitarian, showed the Commission a chart of the samplings taken during the past two years. He stated that the University began taking air quality I samples in 1978, and the County Health Department became involved in air quality sampling in 1981. He noted that the air quality in Bozeman has exceeded the federal primary level one time in two years. Mr. Nelson also noted that the air quality spikes in February and March on the chart. Mr. Nelson also noted that the State Air Quality Bureau has determined where the air sampling devices are to be located. One of the samplers is located on top of the Policel Fire Building, and one is located on top of Whittier School. The University controls an air quality sampling device of its own, located on Traphagen Hall. Commissioner Anderson asked if the County Health Department receives calls about the air quality. Mr. Nelson stated that their department receives very few calls. He noted that the only time people call is if the air quality is visibly poor. Commissioner Anderson asked if an education program in efficient use of wood burning stoves and preservation of air quality now might help maintain the air quality in the Bozeman area, rather than waiting until the air quality deteriorates and then trying to take measures to keep it from deteriorating further. Mr. Nelson stated that the main consideration in air quality programs is to get the information to the people. He presented to the Commissioners a brochure from the Air Quality Bureau that might be helpful. Commissioner Weaver noted that the air quality sampling data indicates that there is currently no problem with the air quality in this area. I Mr. Jim Heimbach, Montana State University, showed the Commissioners two samples from the sampling device at MSU. He noted that the samples were taken on a basically average day. He stated that the sampling devices record samples for a 24-hour period every six days. On this cycle, a sample is taken every day of the week at as Iowa cost as possible. If a problem in the air quality arises, a sample is then taken every three days; and if a real problem occurs, sampling is done daily. Mr. Heimbach stated that there is no statistical trend of deterioration in the air quality in the Gallatin Valley. Mr. Heimbach stated that at 02-22-83 l ~. n t ,) t: this time, there should by some type of contingency policy established for air quality; but a bureaucracy should not be established. He noted that weather is a factor in the use of wood burning stoves. He noted that when a polar arctic outbreak is moving in, the valley has winds from the east and it is cold. He noted that during that time, wood burning stoves can be utilized. However, when the front is over the area and there are blue skies and no wind, the wood burning stoves should not be used. He stated that restrictive measures placed on the use of wood burning stoves should be keyed to the weather. I Commissioner Vant Hull noted that some areas are now beginning to burn coal rather than wood. She asked if this would cause worse pollutants. Mr. Heimbach stated that coal does cause more air pollution. He also noted that coal emits sulphur dioxide, which will cause problems. Commissioner Weaver asked if sampling devices should be installed in more locations or be utilized on a more frequent basis to gain needed monitoring data. Mr. Heimbach stated that the major priority at this time is to gain weather information, and then monitor more frequently and in more locations. He noted that without the weather information, the monitoring information received does not provide the necessary data. Mr. Heimbach stated that the City could write the Air Quality Bureau a letter stating interest in receiving more sampl ing devices for use in Bozeman, but that agency has received funding cutbacks and feels that monitoring in other areas of the state is more important than monitor- ing in Bozeman. He also suggested that the City could consider purchasing sampling units at an approximate cost of $650.00 to $750.00 each and a weather monitoring unit for approximate- ly $2,000.00 to $2,500.00. Commissioner Vant Hull requested that Mr. Heimbach draft a letter to the Air Quality Bureau on behalf of the City Commission, since he has dealt with them and knows what problems should be addressed and the information to be requested. Commissioner Anderson urged that a public meeting be held under the auspices of the City-County Health Department to permit public input concerning air quality. Dr. Edward King, City-County Health Officer, stated that the Health Department would I take the necessary steps to accumulate the data requested by the Commission. He noted that the biggest air pollutant is not the wood burning stoves, but is cigarette smoking. Dr. King noted that ten years ago, when the Air Quality Bureau was established in Montana, the City- County Health Board did not feel that Gallatin County needed a policy or bureaucracy to control the air quality. He noted that the Health Department is now monitoring the air quality and accumulating base information. Dr. King stated that the Health Board could establ ish a contingency policy for restricting wood burning, after necessary public hearings, if the City so desires; but he does not feel that a bureaucracy is needed and would like to avoid that possibility. Mr. Bill Mowen, owner of Shadow Stove and Sweep Company, stated that public educa- tion in the use of wood burning stoves and the quality of the wood burning stove are important. He noted that most of the wood burning stoves could be used more efficiently than they are. Dr. King noted that the City might consider sending the brochures that Mr. Nelson had distributed in water bills or other mailings as a part of public education. He stated that if the City wishes to do this, he can obtain sufficient copies of the brochure from the State Air Quality Bureau. Commissioner Vant Hull suggested that all establishments that sell wood burning stoves might distribute the brochures also. Commissioner Anderson requested that the Commission receive periodic updates on the data that has been compiled on air quality. She suggested that seasonal reviews might be helpful. I Mr. Nelson stated that it takes time to take samples, send them to the Air Quality Bureau for analysis, and receive and compi Ie the information for a report. He feels that the Health Department should be given six months to prepare another report for the Commission so that they have meaningful data available. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to send a letter to the City-County Health Board 02-22-83 ~.33 requesting the exploration of the drafting of a standby air quality control policy; authorize and direct the exploration of the availability of more monitoring equipment from the Air Quality Bureau; and request that the City-County Health Department provide periodic reports to the City Commission, beginning at their earliest convenience. 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 Commissioner Vant Hull requested that discussion of a policy on cigarette smoking in public places be placed on next week's agenda. Discussion of letter from Bozeman Deaconess Hospital dated February 9, 1983, and received by the City on February 14, 1983 City Manager Evans stated that he had prepared and distributed to the Commission a memo addressing the various points and concerns listed in the letter received from the Bozeman Deaconess Hospital on February 14, 1983 and dated February 9, 1983. Mayor Stiff requested that the City Manager review his memo step by step so that Mr. Dahlberg, Administrator of Bozeman Deaconess Hospital, may respond as he desires. City Manager Evans noted that one of the primary items is to define what entity the Hospital is; what role the Methodist Church plays in the operation of the hospital; and what the Bozeman Deaconess Foundation is. The City Manager noted that a separation of church and state might be involved if the Methodist Church is definitely involved in the operation of the Hospital. City Manager Evans then noted that the Hospital has requested the possible use of Revenue Bonds or a General Obligation I Revenue Bond hybrid. He stated that these bonds can on Iy be used for Ci ty-owned faci I ities. The City Manager then suggested that the Commission might consider the issuance of Industrial Development Revenue Bonds for the Hospital construction. Commissioner Vant Hull noted that at the public meeting, no one stated who owns the I Hospital. Mr. Ed Dahlberg stated that who actually owns and controls the Bozeman Deaconess Foundation has never been resolved. He noted that the Foundation is a tax-exempt organiza- tion; and in the event that it goes bankrupt, all functions will revert to the Methodist Church. Mr. Dahlberg noted that Bozeman Deaconess Hospital is a community hospital, and the Board of Di rectors feel that the Foundation is a local organization. Mr. Dahlberg also stated that the Bozeman Deaconess Foundation does not directly receive from or give monies to the Methodist Church. City Manager Evans noted that the Hospital has requested the waiver of the Industrial Development Revenue Bond origination fee. He stated that the Hospital has estimated that the fee would be $180,000.00 to $200,000.00. However, when the schedule of fees is applied to the proposed $12 million bond issue, the fee would be $60,000.00. The City Manager noted that the Commission should carefully consider the waiving of the origination fee on the first Industrial Development Revenue Bond issue to be considered after establishing the policy for an origination fee, as this could establish a precedent for future bond issues. Mayor Stiff noted that the Commission had discussed the possibility of waiving the fee for I ndustrial Development Revenue Bonds for the Hospital to expand in the downtown location at the time the pol icy was establ ished. Mr. Dahlberg noted that the Hospital is now considering a $14 million bond issue. He stated that the Hospital is not requesting that the City absorb costs for the Hospital; and they would be willing to pay the actual costs involved in an Industrial Development Revenue I Bond issue. He also noted that the corrected estimation of origination fees is much better than the Hospital's estimation. Mayor Stiff asked Mr. Dahlberg if the Hospital has considered stair-stepping the improvements and possibly stockpiling money while remaining in the present location. Mr. Dahlberg noted that the Board of Trustees for the Hospital received a letter from the Board of Health in January 1981, indicating that the current Hospital is defective in several areas. He noted that the Board of Health has indicated that the current facilities are 02-22-83 4.....t ,.:.' "t not to be used for any services or to house patients, which would allow the structure to be used for administration, finance offices and storerooms. Mr. Dahlberg stated that the projected impact of a $14 million bond issue would be to increase the costs by $89.00 per patient day. He noted that 40 to 45 percent of the Hospital's revenues are derived from these charges. The remainder of the revenues are de- rived from the operation rooms, emergency room, out-patient care and other related services. Mr. Dahlberg stated that proposed efficiency in design and energy conservation will hopefully I help to offset the projected impact on patient costs. Commissioner Vant Hull noted that the Hospital services people who live outside the city limits. She stated that the Commission does not want to place any burden on the City taxpayer and asked if city residents could be given a discount if any of the costs of a new hospital are passed on through the City. Mr. Dahlberg noted that significant problems could arise from such a proposal. Commissioner Vant Hull stated she had a second question regarding ways the Hospital might reimburse the City if city residents incurred expenses for the Hospital. She asked if the Hospital would be willing to pay a fee for services each year to the City. Mr. Dahlberg stated that he was not prepared to answer that question. Recess - 6: 25 p. m . Mayor Stiff declared a recess at 6:25 p.m., to reconvene at 7:30 p.m. for the purpose of completing the routine business items. Reconvene - 7:35 p.m. Mayor Stiff reconvened the Commission meeting at 7:35 p.m. for the purpose of com- pleting the routine business items. Continued discussion of letter from Bozeman Deaconess Hospital dated February 9, 1983, and received by the City on February 14, 1983 I Mayor Stiff stated that, to avoid redundancy in comments, City Manager Evans will review the remainder of his memo in total; and then the Commissioners and Mr. Dahlberg will be given an opportunity to respond. City Manager Evans stated that any requests for Zone Map Changes must be submitted to the City-County Planning Staff for preparation for hearings before the Zoning Commission and City Commission. He noted that the request for vacation of streets must follow the proper procedure, including a petition for vacation and public hearing by the City Com- mission. The Hospital has requested that the contingencies placed on the previous request for vacation of portions of West Beall Street and North Willson Avenue be removed. He noted that the Commission may consider this request. However, the possible vacation of streets will impede traffic routes; and the public users should be provided with satisfactory alternate routes. The City Manager noted that the establishment of a hospital/medical professional corridor would require a Zone Map Change; and that must also be submitted to the City-County Planning Staff for preparation for hearings before the Zoning Commission and City Commission. The City has created a Parking Commission; and when that action was taken, it became an administrative board with full powers over the parking in the downtown area. City Manager Evans stated that any requests for parking must be submitted to the Parking Commission, and not the City Commission. The City Manager noted that the Hospital has requested that the City absorb a portion of the costs for relocation of water and sewer utility lines. The City manages these funds in a proprietary manner; and the Public Service Commission stipulates that each user must pay its portion of costs. The City General Fund reimburses the Water I and Sewer Enterprise Funds for water used under the manner in which these funds must be maintained. Further, the City has no plans to replace the existing water and sewer lines located in the present Hospital area. City Manager Evans stated that street resurfacing over relocated water and sewer lines must be a budgeted item. There are currently no funds in the budget for such an item; and next fiscal year has a dismal financial outlook without considering additional expenses that are not actual City expenses. The City Manager con- 02-22-83 4J5 eluded his memorandum stating that for the City Commission to prejudge and commit them- selves "in principle" to the items addressed above without following the proper processes and procedures appears to be flawed both politically and legally. Mayor Stiff asked if the Hospital has any statistical information on how many patients are city residents. Mr. Dahlberg stated that the information could be determined from the records, but he I does not know how many are city residents. He did note that 19 percent of all admissions are from outside Gallatin County. Mayor Stiff noted that if one utilizes the 19 percent from outside Gallatin County and adds the 47 percent which Commissioner Vant Hull found live outside city limits and work at Montana State University, one could deduct that probably two-thirds of the Hospital's patients are from outside city limits. If any costs of Hospital expansion or relocation were absorbed by the taxpayers, that would mean that one-third of the Hospital's users would be paying those costs. Mr. Dahlberg noted that the Hospital has financial constraints also. He noted that limitations are placed on what various programs such as Medicare and third party payers will pay on hospitalization. The remainder of the bill must then be discounted by the Hospital. Commissioner Vant Hull asked what would be the earl iest possible date to conduct some of the required public hearings. Assistant City Manager Barrick noted that the requests for Zone Map Changes could be submitted to the Planning Staff immediately, to be heard before the Zoning Commission on March 22, 1983 and before the City Commission on April 4, 1983. Mayor Stiff stated that the proposed hospital/medical professional corridor appears too large and would create an over-kill. He also noted that the Hospital has assured the City in the past that it plans to build up, rather than sprawl. Mr. Dahlberg noted that several hospitals throughout Montana are located on sites ranging from 26 acres to 80 acres. Mr. Dahlberg also stated that the Hospital still plans to I build multi-level facilities. However, he noted that new technology is coming; and the Hospital must be able to accommodate new equipment and possibly a heliport. Commissioner Anderson asked how the April 4, 1983 public hearing date for zoning matters would fit into the Hospital's schedule for decision-making. Mr. Dahlberg stated that the Hospital's tentative decision deadline is March 31, 1983. He noted that the Hospital is currently pursuing four possible sites simultaneously. He stated that the Hospital will consider the information it has available; and the Commission's conducting a possible public hearing on April 4, 1983 will not affect the Hospital's decision. Mr. Dahlberg further stated that the Hospital is not requesting that the Commission make a commitment, but that it indicate a willingness to consider the Hospital's requests. Commissioner Weaver asked why the questions being asked now were not asked two months ago. Mr. Dahlberg stated that the Hospital has been researching a significant number of issues; and until all of the information on all of the sites was gathered, they were not pre- pared to approach the Commission with all of the possible issues to be considered. Mayor Stiff asked if the Hospital has considered the possible costs that would be incurred by city taxpayers if the Hospital were to relocate. He noted that traffic flow and city growth would be affected by the location of the Hospital. Mr. Dahlberg stated that the Hospital considers emergency access and transportation as one of the most important items in determining a location. He stated that the present downtown site is not the site with the best access. I Commissioner Weaver noted that one of the important items the Commission must con- sider is whether the cost occurs where the benefit occurs. He stated that with possible changes in costs of City services, the taxpayers would be paying those costs. The Hospital is not a tax-paying entity, so it would be receiving the benefits at no cost while the tax- payers would be absorbing the entire burden. Mr. Dahlberg stated that one of the reasons the Hospital has requested the designation of a hospital/medical professional corridor is because of the cost of relocation of utility lines. 02~22-83 - --------------- ----------------- Lt3G He noted that if a specific zoning were completed, the utility lines could be placed in areas that would not create possible relocation problems for the Hospital if it were to expand further. Commissioner Weaver asked Mr, Dahlberg if the processes to be followed on the various requests from the Hospital are clear. Mr. Dahlberg stated that they are and indicated that the Commission has provided the information that the Hospital was seeking, Any possible action on the requests will be taken when the proper procedures have I been followed and the necessary staff reports and public hearings have been completed. Preliminary Subdivision Plat Approval - Graf's First Subdivision, Second Filing City Manager Evans presented to the Commission the Preliminary Subdivision Plat for Graf1s First Subdivision, Second Filing. The City Manager noted that the City-County Planning Board has conducted a public hearing on the Preliminary Subdivision Plat and has recommended conditional approval. Assistant Planner Mike Money presented the staff report. He noted that the Planning Board had considered the plat at its regular meeting held on February 10, 1983. He stated that he had presented the staff report, including a recommendation for approval, contingent upon ten conditions; and noted that several questions were raised concerning access to the property lying west of this site; continuation of Kenyon Drive and development along the ridge line. Mr. Gene Graf then gave his presentation at the Planning Board meeting and reviewed the ten proposed conditions. He stated opposition to some of those conditions, including the connection of Kenyon Drive and Anderson Drive and the installation of a plant strip to provide screening along Highland Boulevard. He also questioned the installation of sidewalks during the construction phase and asked several questions about the Improvements Agreement and financial guarantees. Following discussion, the City-County Planning Board recommended approval, contingent upon seven conditions. Commissioner Anderson noted that a storage tank for the City water system is to be located along the ridge within the subdivision. She asked if it would be possible to relocate I the water storage tank or dig it back into the hillside so that it is less obvious. Assistant Planner Mike Money stated that the engineering plans for the storage tank are prepared, easements have been acqui red and the project is ready for construction. The City would incur considerable costs in relocation of the tank. The Assistant Planner noted that the Planning Board expressed concern about the preservation of Sourdough Ridge. The Master Plan addresses this preservation, but it has not been adopted; and the Planning Board questions how much preservation can be required without a formal policy. Commissioner Anderson asked if current plans for the water tank are that it be totally above ground. City Engineer Van't Hul stated that the water tank will be 32 feet in height, of steel construction, and will be entirely above ground. He noted that the main purpose of this tank is to service Graf1s First Subdivision and must be set at a specific elevation to accomplish that purpose. He noted that it might be possible to move the tank back into the hillside toward Hillcrest. He stated that it would cost quite a bit to make the change in plans. He also noted that the City is ready to call for bids and begin construction as soon as the site for the tank and the easement are acquired within this subdivision. Commissioner Mathre noted that trees provide quite an effective screen. Assistant Planner Money reviewed the recommended conditions with the Commission. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Preliminary Subdivision Plat for Graf's First Subdivision, Second Filing, be approved subject I to the following conditions: 1. That temporary cul-de-sacs be provided for all dead-end streets. 2. That the location and width of the access for the land to the west and the setbacks for lots affected by it be reviewed and approved by the City staff prior to final plat approval. 3. That a "No Access" strip be provided on the final plat along the eastern 02-22-83 4.37 boundary of Lots 1 through 5 and the southern boundary of Lot 5 of Block 5. This will force the access to these lots to be gained from O'Connell Drive. 4. That the developer provide a notarized statement from the property owner(s) to the north, granting him permission to direct the storm runoff across their property. The statement must acknowledge that owners understand that any changes to be made in the future to the drainage pattern must be done at their own expense and only with I written approval from the City of Bozeman. 5. That the design for the streets, sidewalks, curbs, gutters, storm runoff and sediment and erosion control facilities be reviewed and approved by the City Engineer prior to construction. 6. That prior to filing of the final plat or prior to construction, the dev- eloper shall enter into an improvements agreement with the City of Bozeman. Said agreement shall schedule the remaining phases of the development. The phasing schedule must be reviewed and approved by the City-County Planning Board and the Bozeman City Commission. 7. That a certificate of county treasurer be added to the face of the final plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Anderson. Petition for annexation - Bridger Canyon Townhouses - between Bridger Drive and Hillside Lane City Manager Evans presented to the Commission a petition for annexation of the Bridger Canyon Townhouses, located between Bridger Drive and Hillside Lane. He recommended that the Commission acknowledge this petition and refer it to City staff for a recommend at ion. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission acknowledge the petition for annexation of the Bridger Canyon Townhouses, located between Bridger Drive and Hillside Lane, and refer the petition to the City staff for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. Petition for annexation - James and Donna Edgerley - 1.22 acres just north of Bozeman city limits - Oak and L Streets City Manager Evans presented to the Commission a petition on behalf of James and Donna Edgerley for annexation of property owned by them. This petition involves 1.22 acres just north of the Bozeman city limits, located at the intersection of Oak and L Streets. He recommended that the Commission acknowledge this petition and refer it to City staff for a recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the petition for annexation received from James and Donna Edgerley for a parcel of land located just north of the Bozeman city limits at the intersection of Oak and L Streets, consisting of 1.22 acres, and refer the petition to the City staff for review and a recommendation. 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 Petition for annexation - Sourdough Creek Properties (across South Third from Figgins Addi- tlon, between South Third and Wagon Wheel Road, 31.714 acres) City Manager Evans presented to the Commission a petition for annexation on behalf of Sourdough Creek Properties of a parcel of land located across South Third from Figgins Addi- tion, between South Third Avenue and Wagon Wheel Road, and consisting of 31.714 acres. He recommended that the Commission acknowledge this petition for annexation and refer it to City staff for recommendation. 02-22-83 L ..., R +,,::, "" It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission acknowledge the petition for annexation of Sourdough Creek Properties, located across South Third Avenue from Figgins Addition, between South Third Avenue and Wagon Wheel Road, consisting of 31.714 acres, and refer the petition to the City staff for review and a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson, Commissioner Weaver and Mayor Stiff; those voting No, none. I Discussion - proposed letter to DNRC statin~ Cit"k and Commission support of application for State funds for the feasibility study of Mystic La e Dam City Manager Evans presented to the Commission a proposed letter addressed to the Department of Natural Resources and Conservation stating the City's and the Commission's support of the application for State funds for the feasibility study of Mystic Lake Dam. The City Manager noted that the City has submitted an application for $87,000.00 in DNRC funds to further study the feasibility of reconstruction of Mystic Lake Dam. Si nce these appl ica- tions will be reviewed by the Legislature in the near future, the City should indicate its support of the appl ication. Also, the City Engineer has recommended that the City do some lobbying on behalf of the application. City Engineer Van't Hul stated that the owners of Mystic Lake Dam have decided that the City Engineer should continue in the role of coordinator for the application for State funding to conduct further feasibility studies. The City Engineer then reviewed the proposal submitted by Christian, Spring, Sielbach and Associates for further feasibility studies on Mystic Lake Dam, which totals slightly more than $111,000,00, He noted that under the pro- posal, the site would be monitored for about one year to get answers about the terrain. This study would also provide the basis for a request for funding for the reconstruction of the dam. Commissioner Vant Hull asked if there is a sub-committee that reviews the applications and submits a recommendation to the Legislature. I City Engineer Van't Hul stated that a board reviews and the applications and lists priorities, based on points. Two types of funding are available through the Department of Natural Resources and Conservation; and the City's appl ication is rated Number 6 on water development funding and Number 24 on renewable resources funding. The board is recommend- ing funding of 33 of the 150 appl ications received. The City Engineer noted that it is important for representatives of the City to appear in support of the application and to state how much funding the City is willing to provide for the project. He noted that if the City states it is willing to pay the difference between the $87,000.00 grant and the $111,000.00 estimated cost of the study, it may have a good chance of receiving the grant. If the City refuses to pay the difference, it will probably not receive the grant. City Manager Evans stated that the City does not own the dam, but only 50 percent of the stocks and obligations are the City's. He noted that the City is not in a position to state that it will use a portion of its funds in the feasibility study. He stated that there is a possibility that the $111,000.00 figure could be reduced by accepting proposals from other fi rms . He noted that the City needs bargaining power, but commitment of funds is not possible. City Engineer Van't Hul stated that Mr. Jim Moore, Attorney for the water users, has indicated that they would be willing to escrow their shares if the City wishes to reconstruct the dam. The farmers have indicated that they have paid as much as they are willing to on the dam. The City Engineer also stated that Christian, Spring, Sielbach and Associates has indicated that they will work within the amount of the grant, which will provide much of the needed information. I City Manager Evans stated that if the tests leading to the preliminary design stage are favorable for reconstruction of the dam, the City cou Id make efforts to provide the additional funding necessary to complete the study. Commissioner Vant Hull suggested that the letter be revised so that it shows stronger support of the grant application. 02-22-83 ~.33 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the draft letter, as revised, to the Department of Natural Resources and Conservation in support of the City's application of $87,000.00 in funds for further feasibility studies of Mystic Lake Dam, to be signed by the Commissioners and City Manager. 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 I voting No, none. Discussion - format for evaluation of Commission employees The Commission requested that the discussion on the format for the evaluation of Commission employees be deferred for a period of one week. Appointments to Community Development Block Grant Committee Commissioner Vant Hull stated that she has spoken with Mike Money, Assistant Planner, concerning the appointment of a non-City resident to the Community Development Block Grant Committee. She stated that Mr. Money has indicated that the appointment of a non-City resident wi II not affect the points given by the State to an appl ication. She, therefore, recommended that the Commission appoint Mr. Lars E. Ericson to the Committee, which will make a total of eight members. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint Mr. Lars E. Ericson to the Community Development Block Grant Committee, making a total of eight members on the Committee for this year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Legislative Update I Commissioner Anderson noted that a bill has been proposed that would phase out the quota system for liquor licenses. She also noted that both the bills for local option hotel/motel tax and state-wide hotellmotel tax have been defeated; the Governor's Block Grant has been passed by the House Committee on Local Government but may face problems in the Senate; a bill allowing local governments to regulate utility rates and increase rates up to 12 percent per year has passed in the Senate and will go to the House; and HB 614 to increase the penalty on delinquent taxes to one percent per month has been defeated; but HB 641 (which would accomplish the same thing) has been passed. Commissioner Mathre noted that HB 793 addresses four separate issues. She stated that the League is seeking local government input on whether or not to support the bill. City Manager Evans noted that HB 863 for the abolishment of the Police and Fire Retirement Systems has been introduced. He noted that this bill is counter-productive to cities and should be defeated. Discussion - letter from Montana Highway Department dated February 17, 1983 and received by the City February 22, 1983 City Manager Evans stated that the City has just received a letter from the Montana Department of Highways, dated February 17, 1983 and suggesting a meeting at 7:00 p.m. on February 22, 1983. Mayor Stiff noted that Director of Public Service (Works) Holmes has contacted the Bozeman office and indicated that the City would be unable to attend a meeting on the I suggested date. Commissioner Weaver stated that type of meeting to be held should be determined. He noted that if this is a preliminary meeting, a small group might be satisfactory. However, if it is to be a public meeting, the City needs time to advertise. Commissioner Anderson reminded the Commission that the original intent expressed in the letter was for a public meeting. Mayor Stiff requested that the City Staff get the necessary information and telephone the Commissioners to determine a possible date for the meeting. 02-22-83 I 1(1 i ,., '_.' Application for Raffle License - Civil Air Patrol - June 1, 1983 City Manager Evans presented an Application for Raffle License on behalf of the Civil Air Patrol for a raffle to be held June 1, 1983. To be raffled are: first prize - $100.00 in aviation or automobile fuel; second prize - $50.00 in aviation or automobile fuel; third prize - $25.00 in aviation or automobile fuel; and five fourth prizes - one-hour plane ride valued at $25.00 each, for a total value of $300.00. City Manager Evans stated that Mr. Dave Mi lIer, who submitted the appl ication, has I requested that the dates, which are listed to begin March 1, 1983 and end June 1, 1983, be changed to begin March 15, 1983 and end June 15, 1983. The City Manager recommended that the change in dates be acknowledged and that the appl ication be approved. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for Raffle License on behalf of the Civil Air Patrol for a raffle to be held June 15, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Weaver and Mayor Stiff; those voting No, none. Absence of Mayor Stiff - March 14, 1983 meeting It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the ab- sence of Mayor Stiff from the March 14, 1983 meeting be authorized in compliance with Section 7-3-4322, M. C.A. 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. File report - Police Division for August 1982 City Manager Evans stated that the monthly report for the Police Division for August 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the report for the Police Division for August 1982 be accepted and ordered filed. The motion I 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. File report - Police Division for September 1982 City Manager Evans stated that the monthly report for the Police Division for Septem- ber 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the report for the Police Division for September 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge report - Broad Valleys Federation of Libraries for January 1983 City Manager Evans stated that the monthly report for Broad Valleys Federation of Libraries for January 1983 appeared to be in order and recommended that it be acknowledged and brought back next week for filing. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for Broad Valleys Federation of Libraries for January 1983 be acknowledged and brought back next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Claims 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. 02-22-83 - 441 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, 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. Adjournment - 10:22 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- journed. 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. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I I 02-22-83