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HomeMy WebLinkAbout1983-04-04 1.96.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 4, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, April 4, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I 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 March 28, 1983 were approved as submitted. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Mathre requested that authorization for the Mayor to sign the Supplemental Right-of-Way Agreement with the State of Montana Depart- ment of Highways, and the Easements and Right-of-Way Agreements for construction of a water main with Marion Crowell, Martel Properties, Marie S. Lee (Egner), Timothy Linn, and Edmund Burke III and Thomas D. Burke be removed for discussion. Request - permission to conduct outhouse race on Main Street - Saturday, May 14, 10: 30 a.m. to 12: 00 noon City Manager Evans presented to the Commission a request for permission to conduct the Spring Madness Outhouse Race on Main Street on Saturday, May 14, 1983, from 10:30 a.m. to 12:00 noon. City Manager Evans noted that the Police Division has expressed disapproval of the use of Main Street for this event and has recommended that an alternate route be chosen. City Manager Evans then recommended that the Commission approve the request for permission to conduct the outhouse race, but change the site from Main Street between Willson I Avenue and Rouse Avenue to Mendenhall Street between Third Avenue and Fifth Avenue. Mayor Stiff asked how the joint venture with the Big Brothers and Big Sisters evolved. Mr. Mike Aune, Recreation Di rector, stated that the Recreation Department has a very limited staff; and the needed manpower to conduct this event can be provided through the Big Brothers and Big Sisters program. Mayor Stiff then asked about the entry fees and asked about any possible fiscal impli- cations. Mike Aune stated that the $5.00 entry fee for the outhouse race would offset the costs involved in the race, but would not raise revenues. He noted that this race is proposed in conjunction with the Bluegrass Music Festival, for which tickets will be sold for $1.50 per ticket or $15.00 for a book of ten tickets. Also, T-shirts may be sold, depending upon the costs involved. Mr. Aune stated that the proceeds from the sa Ie of the tickets and T -shi rts would be used to help fund summer recreation and playground activities. City Manager Evans stated that the Recreation Department is no longer a City depart- ment, but is now under a three-party interlocal agreement. He does not feel that a problem will be created by the Recreation Department sponsoring activities to raise funds for other activities within the department. He also noted that under the new interlocal agreement, the revenues raised would return to the Recreation Department; and accounting for those funds will be handled by Gallatin County under their accounting procedures. Mr. Aune stated that he has spoken with Mr. Doug Kosty, County Auditor, and Mr. Ken Mosby, Administrative Assistant, and both have indicated that accounting for these reve- I nues will not be any major problem for them. Commissioner Anderson asked about having open containers of alcoholic beverages at the Bluegrass Music Festival. Mike Aune stated that he does not want alcoholic beverages at the Bluegrass Music Festival, as it is to be a family-oriented event. He does not, however, want to be placed in a position of policing the area and telling people that alcohol is not allowed. 04-04-83 4ST City Manager Evans stated that the event would not fall under the guidelines for waiver of the open container ordinance, because it is not a specific group, but rather members of the public attending an event. He further stated that the open container ordinance will be enforced by the Police Division. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request for permission to conduct the Spring Madness Outhouse Race I on Saturday, May 14, 1983 between the hours of 10:30 a.m. and 12:00 noon, and change the location of the event from the requested Main Street between Willson Avenue and Rouse Avenue to the recommended Mendenhall Street between Third Avenue and Fifth Avenue. 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 - permission to use Bogert Park Pavilion or Band Shell for Bluegrass Music Festival - Saturday, May 14, 12:30 p.m. to 5:30 p.m. (use of PA System) City Manager Evans presented to the Commission a request for permission to use Bogert Park Pavilion or Band Shell (depending upon the weather) for a Bluegrass Music Festival on Saturday, May 14, 1983, from 12:30 p.m. to 5:30 p.m., to include the use of a public address system. The City Manager noted that the use of the PA system during afternoon hours should create I ittle or no problem for the residents of the area, and recommended approval of the request. Commissioner Mathre noted that requests for use of City facilities are usually received from outside groups, and not from another City department. City Manager Evans noted that the Recreation Department is no longer strictly a City department. He also stated that the use of a PA system should be addressed by the Commis- sion. Commissioner Mathre noted that the Recreation Department has not attempted to raise I funds to support its activities in the past. She stated appreciation for Mr. Aune's willing- ness to organize activities to raise revenues for other recreation programs. Mayor Stiff also expressed his appreciation for Mr. Aune's efforts and noted that this approach to fund raising may help the Swim Center as well as the Recreation Department. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant permission for the use of the Bogert Park Pavilion or Band Shell for a Bluegrass Music Festival on Saturday, May 14,1983, from 12:30 p.m. to 5:30 p.m., to include the use of a publ ic address system. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to use Bogert Park for Childfest '83 - Saturday, June 4, 1983, from 11: 00 a. m. to 4: 00 p. m. City Manager Evans presented to the Commission a request for permission to use Bogert Park for Childfest '83 on Saturday, June 4,1983, from 11:00 a.m. to 4:00 p.m. The City Manager noted that this event is to be held as a part of the National II Life. Be in it. II Day; and recommended that the Commission approve the request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that per- mission be granted to use Bogert Park for Childfest '83 on Saturday, June 4, 1983, from 11: 00 a. m. to 4: 00 p. m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner I Vant Hull and Mayor Stiff; those voting No, none. AcknOWledge receipt of budget review for period ending February 28, 1983 City Manager Evans presented to the Commission the budget review for the period ending February 28, 1983, as prepared by the Director of Finance. He recommended that the Commission acknowledge receipt of this budget review. Commissioner Anderson asked for the exact amount of the Motor Vehicle Reimbursement Fee. 04~04-83 l+98 Director of Finance Swan stated that the City will receive $102,806.04. She stated that the money is currently being held in the Gallatin County repurchase agreement funds. The money will be transmitted to the City, along with a small portion of the interest earned through the repurchase agreement. Commissioner Vant Hull asked how many business licenses are now delinquent, and what steps are being taken to collect those license fees. Director of Finance Amy Swan stated that a warning letter was sent to those who had I not yet purchased a City license. Some of the people have been contacted individually, and one more letter will be sent. She does not know if legal action will be taken on those re- maining delinquent. Commissioner Vant Hull then noted that in recent claims listings, some of the busi- nesses have received a small refund on their business licenses and asked why those refunds were made. Director of Finance Swan stated that the refunds are due to business classification problems. She noted that some of the businesses were placed in an improper classification and were changed, resulting in a lower I icense fee than they had paid. Commissioner Weaver noted that 60 percent of the anticipated revenues have been received as of February 28, 1983. He further noted that approximately 47 percent of the mill levy has been received; and second half taxes will be collected by the County in May. The Commissioner then asked if it would be conceivable to estimate that 90 percent of the anti- cipated revenues will be received after those taxes are transmitted to the City from the County. City Manager Evans stated that a larger portion of taxes are collected in November, during the first half taxes, because some of the property owners pay the entire tax bill in one installment rather than two installments. Commissioner Weaver then asked if the City staff is concerned about the shortfall in the Swim Center. City Manager Evans stated that he does not think all of the revenues have been re- I ceived from the School District yet. Commissioner Weaver then noted that the Salaries, Wages and Benefits appear to be ahead of schedule in some divisions that do not appear to have much flexibility, such as the Garbage Enterprise Fund. City Manager Evans noted that the Garbage Enterprise Fund must be closely reviewed. He stated that this overdraw on the Fund may be due to the historic problem of the split in costs between the Street Division and the Garbage Enterprise Funds. He noted that this prOblem will be closely reviewed during the budgeting process. The City Manager then noted that some of the divisions, such as the Park Division, are ahead of schedule in the Salaries, Wages and Benefits category due to the fact that they hire summer help, which is paid at the beginning of the fiscal year. By the end of the fiscal year, the balance in those divisions should be self-correcting. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion acknowledge receipt of the budget review for the period ending February 28, 1983, as prepared by the Director of Finance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. City Manager Evans presented to the Commission the dues request from the Montana I League of Cities and Towns for Fiscal Year 1983-84 in the amount of $5,411.25 and the dues request from the National League of Cities for the period November 1, 1983 through October 31,1984 in the amount of $703.00. City Manager Evans recommended that the Commission acknowledge receipt of these requests and defer action until preparation of the budget for Fiscal Year 1983-84. 04-04-83 499 City Manager Evans noted that the dues request from the National League of Cities was received shortly before Commission meeting time; however, he feels that the request should be acknowledged at this time. The City Manager also noted that the City's dues, which are due on November 1,1983, are in the amount of $703.00. The letter further indicates that the City's dues which wi II be due on November 1, 1984 wi" increase to $926.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission acknowledge receipt of the dues request from the Montana League of Cities and Towns for Fiscal Year 1983-84 in the amount of $5,411.25, and the dues request from the National League of Cities for the period November 1, 1983 through October 31, 1984 in the amount of $703.00, and that action on these requests be deferred until formulation of the Fiscal Year 1983-84 budget. 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. Appointment - Low-Income Housing Committee City Manager Evans stated that this item was placed on the agenda due to the resigna- tion of John Baker, one of the members of the Low-Income Housing Committee. He noted that the letter from Wayne Jennings requests that the new member possess knowledge of financing and/or construction of housing projects. Commissioner Anderson stated that Mr. David R. Matthews, who was one of the original applicants, has indicated a strong interest in serving on the Low-Income Housing Committee. She noted that he is a teacher in the Architecture Department at Montana State University and has a great deal of experience with low-income housing and related issues. She further stated that if the Committee needs a person with expertise in financing and/or construction of housing projects, a resource person can be utilized. She noted that John Baker has indi- cated a willingness to serve in that capacity, but he does not have to time to commit to the Committee on a full-time basis. I Commissioner Vant Hull concurred in Commissioner Anderson's recommendation. Mayor Stiff expressed concern about the process for appointing members to committees. He noted that he has not had an opportunity to re-review the applications submitted for the Low-Income Housing Committee. Commissioner Weaver noted that the Commission should exercise the appointment process in the best possible manner. Appointment of a new member to the Low-Income Housing Committee was deferred for a period of one week, to allow time for review of the applications on file in the office of the Clerk of the Commission. Discussion - procedure for handling of Consent Items Mayor Stiff stated that the procedure for the handling of Consent Items had been briefly mentioned at last week's meeting. He noted that the Commission should officially change the manner in which Consent Items are to be addressed if a change is to be made. City Manager Evans stated that his comment at last week's meeting was based on infor- mation that Clerk of the Commission Sullivan gained at the Municipal Clerk's Institute. He noted that other major cities in Montana, including Billings, Helena and Great Falls, adopt the items listed under Consent Items in one blanket vote, rather than voting on each item separately. He noted that the process currently utilized by the Commission was recommended by former City Attorney Planalp when the use of the Consent Items was initially established. Commissioner Vant Hull asked if there would be any legal problems with the Commission I voting on all items in one blanket motion and vote. City Attorney Crumbaker-Smith stated that she has not had time to review the proposed change in the handling of Consent Items. Commissioner Weaver suggested the possibility of establishing two types of Consent Items on the agenda. One could contain those items that could be covered in one blanket motion and vote; and the other could contain those items which would be best handled with separate motions and votes, but for which discussion is not required. 04-04-83 sn.')' '..... '--.r' \ Commissioner Anderson stated that one of the National League of Cities' booklets ad- d resses the use of Consent I tems on an agenda. She noted that the publication might provide some helpful information. City Attorney Crumbaker-Smith stated that she will contact former City Attorney Planalp and some of the other City Attorneys in Montana concerning the procedure for handling items listed under Consent Items. Mayor Stiff requested that the item be placed on next week's agenda for further dis- I cuss ion . Authorize Mayor to sign - Supplemental Right-of-Way Agreement with the State of Montana Department of Highways- intersection of Griffin Drive and Bridger Drive Commissioner Mathre stated that she had requested that this item and the following five items be removed from the Consent Items for one reason only. She stated that the City Attorney has not reviewed the Supplemental Right-of-Way Agreement or the Easement and Right-of-Way Agreements for the water main and affixed her stamp of approval as to form. She further noted that on the agreement for the water main with Edmund Burke III and Thomas D. Burke, one of the paragraphs in the standard agreement has been removed. The Commissioner then suggested that the Commission authorize the Mayor to sign the various agreements, pending review and approval by the City Attorney. City Manager Evans then presented to the Commission a Supplemental Right-of-Way Agreement with the State of Montana Department of Highways concerning the intersection of Griffin Drive and Bridger Drive. City Manager Evans noted that this Right-of-Way Agreement is supplemental to the agreement that the Commission authorized the Mayor to sign on January 31, 1983. That agreement did not provide for removal and replacement of the existing fence; and therefore is the purpose of this Supplemental Agreement. The cost of removing and replacing the fence will be borne by the State of Montana. City Manager Evans recommended that the Commission authorize the Mayor to sign this Supplemental Agreement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Mayor be authorized and directed to sign the Supplemental Right-of-Way Agreement with the State of Montana Department of Highways, providing for the removal and replacement of the fence at the intersection of Griffin Drive and Bridger Drive, contingent upon review and approval by the City Attorney. 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. Easement and Ri ht-of-Way A reement for water main - Marion City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment between the City of Bozeman and Marion Crowell for the construction of a water main. City Manager Evans noted that this water main easement, along with the easement obtained previously from the Bozeman Deaconess Foundation and the following four easements, would be used for the construction of the "Garfield Trunk II 14-inch water main, extending from South Rouse Avenue to Highland Boulevard. He noted that no dollar amount is involved with this easement and recommended that the Commission authorize the Mayor to sign this Easement and Right-of-Way Agreement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Easement and Right-of-Way Agreement for a water main with Marion Crowell, contingent upon review and approval by the City Attorney. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to si n - Easement and Right-of-Way Agreement for water main - Martel Properties; and aut orize payment 0 1 ,000.00 City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment between the City of Bozeman and Martel Properties for the construction of a water main. 04-04-83 SOt City Manager Evans noted that the payment of $1,000.00 requested with this easement is to cover the expense of moving construction equipment from the easement site. City Manager Evans recommended that the Commission authorize the Mayor to sign the easement and authorize the payment of $1,000.00 for this easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Easement I and Right-of-Way Agreement for a water main with Martel Properties, contingent upon review and approval by the City Attorney, and authorize payment of $1,000.00 for this easement. 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. Right-of-Way Agreement for water main - Marie S. City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment between the City of Bozeman and Marie S. Lee (Egner) for the construction of a water main. City Manager Evans noted that no dollar amount is involved with this easement, and recommended that the Commission authorize the Mayor to sign the easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Easement and Right-of-Way Agreement for a water main with Marie S. Lee (Egner), contingent upon review and approval by the City Attorney. 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. - Easement and Ri ht-of-Way A reement for water main - Timothy I City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment between the City of Bozeman and Timothy Linn for the construction of a water main. City Manager Evans noted that no dollar amount is involved with this easement, and recommended that the Commission authorize the Mayor to sign this easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Easement and Right-of-Way Agreement for a water main with Timothy Linn, contingent upon review and approval by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Easement and Right-of-Way Agreement for water main - Edmund Burke "I and Thomas D. Burke ( no dollar amount) City Manager Evans presented to the Commission an Easement and Right-of-Way Agree- ment between the City of Bozeman and Edmund Burke, "I and Thomas D. Burke for the construction of a water main. City Manager Evans noted that no dollar amount is involved with this easement, and recommended that the Commission authorize the Mayor to sign this easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the Easement and Right-of-Way Agreement for a water main with Edmund Burke, III and Thomas ~ D. Burke, I contingent upon review and approval by the City Attorney. 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. 04-04-83 5b~ Application for Raffle License - Gallatin Council, Women in Transition - May 5, 1983; and request for waiver of fee City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Gallatin Council, Women in Transition, for a raffle to be held May 5, 1983. To be raffled is a home computer valued at $300.00. City Manager Evans noted that the Council has also requested a waiver of fee. City Manager Evans recommended that the Commission approve the application for a Raffle License but deny I the waiver of fee. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for Raffle License on behalf of the Gallatin Council, Women in Transition, for a raffle to be held May 5, 1983, with no waiver of license fee. 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. 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the claims be approved for payment as submitted. 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 City Manager Evans stated he understands that hearings on one bill for authorization of the Block Grant program and one bill for the financing of the Block Grant program will be heard by the Senate Finance and Claims Committee early this week. He does not have a I specific date or time at this point. Commissioner Anderson noted that an article in the Billings Gazette indicates that the Legislators now appear to be discussing the financial plight of local governments. She feels this is a positive step. Mayor Stiff noted that the Montana League of Cities and Towns Legislative Bulletin dated March 31, 1983 indicates that if the price of oil drops below $25.00 per barrel, funding of the motor vehicle replacement fee will be in jeopardy. He further noted that the article indicates that the price of domestic oil is directly affected by the price of Saudi oil. Commissioner Weaver stated he has a strong feeling that the international situation is being passed through the State level without intervention or concern and is being placed on the local taxpayers. Mayor Stiff asked if any of the Legislators should be contacted this week. He noted that Senator Paul Boylan is a member of the Senate Finance and Claims Committee, along with Senator Leo Lane. The Commissioners will contact the Senators from our area, as well as others on the Senate Finance and Claims Committee during this week. Continued discussion - Judicial Coordinating Committee Mayor Stiff stated that Mr. John Scully, President of the Gallatin County Bar Associ- ation, indicated that he would be willing to talk to the Commission about the formation of a Judicial Coordinating Committee. The Mayor feels that this issue is important and should be I dealt with as soon as possible. Mayor Stiff stated that in his telephone conversations with Mr. Scully, they discussed the pOSSibility of having one young energetic attorney and one who is an elder statesman and could provide the experience aspect. Mayor Stiff noted that the item in Commissioner Weaver's memo concerning internal accounting functions will be ad- dressed by the Audit Committee rather than the proposed committee. Mr. John Scully stated he does not feel that the Judicial Coordinating Committee should be obligated to respond to any specific questions, but should be permitted to explore various 04-04-83 503 areas as a result of conversations in committee meetings. He stated that the Mayor had read Commissioner Weaver's memo to him; and he does not see any problem in providing for a raise in the City Judge's salary on an annual basis. He noted that at the State level, annual salary increases are provided for the various Judges. Mr. Scully feels that the purpose of the committee should be to open the lines of communication between the City Commission and the City Court. Mr. Scully then stated that he would be willing to participate in the I appointing of the Judicial Coordinating Committee. He noted that whoever is appointed must want to serve on the committee or the appointment will be ineffective. Mr. Scully noted that often the lower court system is ignored. He stated that the Legislature has approved an increase in the amount of money involved in a felony charge, which may affect the case load for the lower courts. He further stated that the Montana Bar Association will be establishing a Lower Court Committee to deal with the various problems in funding and rules for the lower courts. He noted that Bozeman is not alone in its problems with communication between the Legislative branch and the Judicial branch. John Scully then stated that he had called City Judge Mark Bryan and had asked his opinion about the formation of a Judicial Coordinating Committee. The Judge was receptive to the idea and feels that it would be a good way in which to begin the communication process. Commissioner Weaver indicated that he feels this should be an ad hoc committee and asked Mr. Scully if he feels there would be any reason to continue the committee. Mr. Scully stated that the committee may need to hold only two or three meetings to accomplish its goal. Commissioner Anderson asked Mr. Scully what method he plans to use in finding attor- neys to serve on the committee. John Scully stated that he will call particular attorneys to see if they would be willing to serve. He noted that finding an older attorney may be a slight problem because most of them do not practice in the lower court system. He feels that a younger member of the Bar will assist greatly and would probably be willing to expend more effort for the committee. I Mayor Stiff noted that he and Commissioner Weaver serve on the Audit Committee and wi II be addressing that portion of Commissioner Weaver's memo concerning internal accounting functions. He feels that possibly they should also serve on the Judicial Coordinating Com- mittee so that the same people are dealing with all aspects of the Judicial branch. Commissioner Vant Hull expressed concern about members of the Bar serving on the commi ttee. She noted that it could present an awkward situation if the attorneys were to represent a client before Judge Bryan. Mr. Scully stated that the function of the committee would be to discuss inadequacies and open lines of communication. He noted that a similar type of committee makes recommendations to the Supreme Court concerning elected officials; and he does not feel that there would be a conflict of interest. Mr. Scully further noted that the committee would not be setting the salary of the Judge, and may not make a recommendation. He noted that the areas of discussion would be funding for the Court, office space and providing of a suitable area to allow for fair hearings for citizens. Mayor Stiff asked if someone in the City administration should be a member of the committee. City Manager Evans stated that it might be beneficial to have someone from the City administration on the committee, but he does not feel that it would be essential. Commissioner Weaver suggested that the committee be kept small, and noted that needed information could be obtained from the City administration. Mayor Stiff asked Mr. Scully when he would be able to provide recommendations for I attorneys to serve on the committee. Mr. Scully stated that he could have a list compiled within the week. Mayor Stiff stated that information from the committee would be valuable in the bud- getary process and feels that the committee should be named as soon as possible so that it may begin to function. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission create an ad hoc committee of the Commission entitled the Judicial Coordinating 04-04-83 soLf Committee, comprised of members of the Commission and members of the Gallatin County Bar Association, with the members to be appointed at next week's Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No, none. Recess - 5:10 p.m. I Mayor Stiff declared a recess at 5: 1 0 p. m., to reconvene at 7: 00 p. m. for the pu rpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of con- ducting the scheduled public hearings. Public hearing - Commission Resolution No. 2441 - policy re SID's This was the time and place set for the public hearing of Commission Resolution No. 2441, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY WHEREBY A CASH ESCROW ACCOUNT SHALL BE REQUIRED AS A CONDITION OF THE CREATION OF ANY SPECIAL IMPROVEMENT DISTRICT ON UNDEVELOPED LAND IN WHICH 40 PERCENT OR MORE OF THE PROPERTY IS HELD IN LIMITED OWNERSHIP. City Manager Evans noted that the Commission had provisionally adopted this Commission Resolution on March 14, 1983 and had set this date for the publ ic hearing. Mayor Stiff opened the public hearing. Commissioner Vant Hull asked if this Commission Resolution is patterned after a reso- lution currently in effect in other cities or if this is unique. City Manager Evans stated that he does not know of any other policy exactly like this I proposed pol icy . He noted that Gallatin County has a policy concerning Rural Improvement Districts, but that their policy involves built up areas rather than undeveloped land. The City Manager stated that the primary purpose of this Resolution is to reduce the risk to the taxpayers of the City. Under the proposed policy the City would have a guarantee that the principal and interest payments on a Special Improvement District would remain current for up to three years. City Manager Evans stated that this Resolution would not apply to areas that are built up, but to the development of raw land where limited ownership is involved. Commissioner Weaver noted that a built-up area has a distribution of risk, but that risk is more narrowly focused when raw land is involved. He then asked if the developers in the community are aware of this proposed Resolution. City Manager Evans stated that several developers are aware of the proposed Resolution. In fact, some of the developers have copies of the Resolution. Mayor Stiff noted that the realtors appear to be divided into two groups, one that feels that it is unhealthy to finance the initial development costs of an area, and one that feels that financing of initial improvements should be utilized to the utmost. He noted that this Resolution would provide a financing vehicle for those who wish to use it, but would also provide a contingency in the case of failure to pay assessments. Commissioner Anderson asked if any city in Montana or outside of Montana has estab- lished a precedent policy similar to this proposed Resolution. City Manager Evans noted that very few states besides Montana allow Special Improve- I ment Districts on undeveloped land. Mrs. Becky Dobrowski, 1209 South Montana, stated support of the proposed Resolution. She did recommend that one sentence be changed to reflect that if the bonds for the Special Improvement District are not sold, the original balance of the cash escrow account, plus ac- crued interest earned and minus costs to the City, including design fees, legal fees, bond fees and advertising costs, shall be returned to the original depositor(s). Mr. Toby Albach, Attorney representing Valley Unit Corporation and other similar corporations, stated oppOSition to the adoption of Commission Resolution No. 2441 for two 04-04-83 Sf) b--- basic reasons. He stated that the Resolution is in violation of the Fourteenth Amendment, which provides for equal protection. He noted that the Resolution is directed toward creation of Special Improvement Districts on raw land where a certain percentage of limited ownership is involved only, and not to all Special Improvement Districts. Also, the Constitution of the State of Montana specifically grants the Legislature the ability to provide legislation regarding Special Improvement Districts. The Legislature has addressed the subject of Special Improvement I Districts and has provided certain guidelines to be followed. The Legislature has also pro- vided protection for cities by providing for the formation of a Special Improvement District Revolving Fund and has provided for the adoption of an acceleration resolution, which the City has recently done. Mr. Albach stated that the Legislature has not authorized the re- quirement for a cash escrow account for Special Improvement Districts on raw land where limited ownership is involved, and therefore cannot be legally adopted by the City Commission. Commissioner Vant Hull asked Mr. Albach if he would rather have the adoption of Commission Resolution No. 2441 or no Special Improvement Districts created for raw land. Mr. Albach sidestepped the question. Commissioner Weaver asked if Mr. Albach's citation of the Fourteenth Amendment indi- cates that government should have no concern with the amount of risk that government incurs. Mr. Albach stated that from his brief review of the Resolution and the newspaper articles, it appears that one individual owner of a parcel of raw land is discriminated against because he would be required to open a cash escrow account with an amount equal to three years' principal and interest payments upon creation of a Special Improvement District. If several people were involved in that same parcel of land, the Resolution would not apply. Mr. Albach then stated that forty acres of undeveloped land is no different from four blocks in the downtown area, and should not be treated any differently. City Attorney Crumbaker-Smith stated that the definition of IIlndividual Ownershipll indicates that all property owners of record are included, whether it be one or twenty for one parcel of land. I Commissioner Weaver noted there is no basis for discrimination of the two classes of property owners. He stated that the Resolution provides for recognition of risk to the tax- payers of the city rather than denial of equal protection. Mayor Stiff asked Mr. Albach if he feels the City's contingent risk is different when one owner is involved rather than multiple owners within a Special Improvement District. Mr. Albach stated that the risk to the City is different; however, other means have been provided for the handling of such risk. He noted that other methods for minimizing the risk are available, such as a personal guarantee by the developer or owner of the property. Also, with the acceleration resolution in place, a foreclosable lien can be placed on the property, and the City can then sell that property. Mr. Gene Graf stated that he has only one concern with Commission Resolution No. 2441. He stated support of the concept that with the spread of ownership, the risk is also spread. He noted, however, that this Resolution requires a cash escrow account and does not provide for the spread of ownership of raw land. He further noted that the plat on a parcel of land cannot be filed until a Special Improvement District is formed or the improve- ments are in place or guaranteed is some manner. He feels that the Resolution should contain a provision that the plat can be filed, but that the lots be placed in a non-buildable status until the improvements have been installed. He feels that this would provide a method for spread of ownership under this Resolution. Mr. Graf then stated that in the past he has filed plats without improvements being installed or guaranteed, but he has now found that this method is illegal. I Commissioner Weaver asked if the lack of installation of improvements would be a bar- rier to the sale of lots. Mr. Graf stated that it does not appear to be a barrier, as indicated by Graf's First and Second Subdivisions. City Manager Evans stated that under State Law, plats may not be filed unless provi- sions have been made for the installation of improvements. He further noted that Special Improvement Districts are not the only method for financing of the improvements. He further 04-04-83 5()(P noted that the Resolution provides a means for reducing the balance in the cash escrow ac- count when a portion of the property is sold. The City Manager also noted that this Resolu- tion spreads the risk to others, rather than just the City. Mayor Stiff closed the public hearing. A decision will be forthcoming at the regular meeting of the Commission to be held on May 2, 1983, to allow the City Attorney an opportu- nity to review the testimony. Continued public hearing - Zone Code Amendment - to allow mobile homes in Residential I Zoning Districts as a Conditional Use This was the time and place set for the continued public hearing on the Zone Code Amendment to allow mobile homes as a Conditional Use in Residential Zoning Districts. The proposed Zone Code Amendment would allow mobile homes to be located in the AS, Agricultural Suburban; R-S, Residential-Suburban Country Estates; R-2-A, Residential - Single-Family Medium Density; and R-3, Residential - Medium Density Zoning Districts, and would be re- quired to meet certain specific criteria. City Manager Evans noted that this public hearing was originally opened by the Commission on February 7, 1983 and was continued to this date because the Zoning Commission had requested additional information prior to submitting a recommendation. The Zoning Commission considered this matter at its regular meeting held on March 22, 1983 and once again continued it so that the Planning Staff could prepare criteria for the location of mobile homes in the four above-listed Zoning Districts. The City Manager then requested that the Commission open and continue the publ ic hearing unti I May 2, 1983. Mayor Stiff then opened the continued public hearing. No one was present to speak in support of or in opposition to the adoption of the proposed Zone Code Amendment. Mayor Stiff continued the continued publ ic hearing to May 2, 1983. Public hearin - Conditional construc- I tlon-relate usiness on ot This was the time and place set for the public hearing on the Conditional Use Permit requested by Everett Egbert to allow a new building for construction-related business on Lot 6B, Bozeman Industrial Park (Industrial Drive). The proposed site is located on the east side of Industrial Drive, just north of Griffin Drive, and is located in an M-1-T District. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. The Planning Director noted that the proposed bui Iding would be used for plumbing, heating, carpentry businesses and storage of related supplies, with one section of the building to be used for the sale of building supplies. The Zoning Commission reviewed the application and recommended approval, contingent upon the thirteen conditions listed by the Planning Staff. The Planning Director noted that many of these conditions were routine and were due to omissions on the original plat submitted to the Planning Staff. The Planning Staff received a revised plat late this afternoon, which addresses several of the conditions listed. Planning Director Moss then reviewed the conditions which have not yet been addressed. Commissioner Weaver asked if the Commission should incorporate all of the conditions for approval or only those that have not been addressed adequately. Planning Director Moss suggested that the Commission adopt the conditions as recommend- ed by the Zoning Commission. No one was present to speak in support of or in opposition to the granting of the I Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Adjournment - 7:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being 04-04-83 So '7 Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: I Clerk of the Commission I I 04-04-83