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HomeMy WebLinkAbout1981-09-30 063 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 30, 1981 ************************* The Commission of the City of Bozeman met in regular session in the Commission I Room, Municipal Building, September 30,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Stiff, Commissioner Swanson, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Vollmer and Commissioner Mathre had been excused in compliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff. The Mayor stated that the minutes of the regular meeting of September 22, 1981, need some revision and requested that the revised minutes be placed on the agenda for next week for passage. Public hearing - Charles Rush - Conditional Use Permit - 2430 North Seventh Avenue This was the time and place set for a public hearing on the request on behalf of Charles Rush for a Conditional Use Permit, which would allow the construction of mini-ware- house units. The site for the proposed development is located on a portion of Lot 19 of the Gordon Mandeville School Section Subdivision in the SEt of Section 36, Township 1 South, I Range 5 East, M.P.M., Gallatin County, Montana. It is more commonly located along the east boundary of U. S. Highway No. 10 right-of-way and just south of the rai Iroad right-of- way where the two intersect north of the Bozeman city limits. The Conditional Use Permit is requested because mini-warehouses are not a permitted use because of the IITIl designation on this parcel of land. Mike Money, Assistant Planner, presented the Planning Staff's report. He stated that the Planning Staff had recommended approval of the request, contingent upon the eleven conditions which they had suggested. Mike Money further stated that the Zoning Commission had revised two of the conditions suggested by the Planning Staff and had conditionally approved the request. Commissioner Stiff questioned the stability of the fill dirt in the area. Mike Money stated that the Building Department has standards which must be met prior to construction on the land. Mayor MacNab opened the public hearing. Mr. Corbin Ross, Architect representing the petitioner, stated that the proposal is to build mini-warehouses on the site in two phases. Phase I will be placed on the original land I and the fill area which has been in place for approximately four years. Phase II is scheduled to begin in approximately two years. The petitioner proposes to use a post tension slab with cables upon which to place the mini-warehouses. Mr. Ross also stated that the condi- tions as approved by the Zoning Commission are acceptable to the petitioner. No one was present to speak in opposition to the request. (}C /, '" \), Mayor MacNab closed the public hearing. Mayor MacNab requested that the matter be placed on the agenda next week, when a full Commission wi II be present, for a decision. Public hearing and final passage - Commission Resolution No. 2349 - assessment of lighting districts I This was the time and place for a public hearing on Commission Resolution No. 2349, entitled: COMMISSION RESOLUTION NO. 2349 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M. C. A. , 1979. City Manager Evans stated that this Resolution would increase the assessment to the property owners from 75 percent to 87.5 percent of the total operating costs of the lighting districts. Mayor MacNab opened the public hearing. No one was present to speak, either in support of or in opposition to, Commission Resolution No. 2349. Mayor MacNab closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2349, levying and assessing lighting district I maintenance and electrical current costs for Special I mprovement Lighting Districts of the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Consideration of bids - Janitorial service for New Publ ic Library City Manager Evans stated that the consideration of bids for the janitorial services for the New Publ ic Library had been continued from last week, pending a recommendation from the Library Board. The Library Board recommended acceptance of the bid of Big Sky Chem Dry in the amount of $475.00 per month plus $1,000.00 per year for annual carpet cleaning. This bid was the second low; however, the Library Board felt the low bid from Bozeman Custodial Service in the amount of $348.00 per month was (1) too low to be realis- tic; and (2) it is a just-started service with no present users for reference. City Attorney Planalp stated that it is a prerogative of the City Commission to reject the low bid and accept the next bid; however, they must state the reason why. Mrs. Kasey Daschbach, owner of Bozeman Custodial Services, was present. She stated that they have their own equipment, and they felt that they could clean the New I Public Library as a part-time job while her husband attends college. She also stated that the City could get references from Eastern Washington University, where he was employed for 6* years. Commissioner Stiff asked if anyone had contacted Eastern Washington University. 065 Mary Vant Hull, representative of the Friends of the Library, stated that she felt that the bid was unrealistic and that it would take more time to clean the New Public Library than had apparently been allowed. Assistant City Manager Barrick stated that the Director of the Library and the Library Board had contacted Eastern Washington University. The Library Board had rejected the I bid because of the fact that the custodians at the Old Library Building were being paid more per month than this bid, and the New Public Library is a much larger building. Mayor MacNab asked if the City Commission could accept the low bid rather than the bid recommended by the Library Board, with the condition that a review be conducted after a period of time and, if the work is unsatisfactory, that the City Commission call for bids once again. City Attorney Planalp stated that the contract could contain a clause which would provide for a trial period and with the provision of termination of the contract if the services performed are unsatisfactory. City Manager Evans stated that the matter of awarding a bid for the janitorial services for the New Public Library could be deferred for a period of one week until a full Commission is present and more research of the bids could be accomplished. Mayor MacNab requested that the matter be placed early on the agenda next week for further consideration. I Commission Resolution No. 2351 - Intent to create SID No. 638 - sanitary sewer - East of Jordan's - two (2) property owners - (to reset hearing date) City Manager Evans presented Commission Resolution No. 2351, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2351 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DES- CRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARYY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES THERE- TO. City Manager Evans stated that this resolution was to reset the date for public hearing on the intent to create Special Improvement District No. 638, for sanitary sewer on a parcel of land located east of Jordan's on East Main Street. The public hearing had ori- ginally been set for September 16, 1981, but had not been held. The City Manager I recommended approval of Commission Resolution No. 2351. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2351, declaring the intention to create Special Improvement District No. 638, and set the public hearing date for October 21, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. nc:r:: " \,;'/ Commission Resolution No. 2352 - I ntent to create SID No. 639 - water, sanitary sewer and paving - roadway between Waddell's and Midland Trucking (North Rouse) - Joe and Dan Sebena - (to reset hearing date) City Manager Evans presented Commission Resolution No. 2352, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2352 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 639 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER WYES AND APPURTENANCES AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES TO PLATINUM STREET, FIFTEEN (15) SANITARY SEWER WYES IN THE SAME AREA, AND SERVICE STUBS TO THE PROPERTY LINES, AND PAVING WITH AN ASPHALT CON- CRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY SEWER WYES AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER WYES, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans stated that this resolution was to reset the date for public hearing on the intent to create Special Improvement District No. 639, for water, sanitary sewer and paving on a roadway between Waddell's and Midland Trucking located on North Rouse, on behalf of Joe and Dan Sebena. The City Manager stated that the date for public hearing had been originally set for September 22, 1981, but had not been held, and recommended approval of Commission Resolution No. 2352. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2352, declaring the intention to create Special Improvement District No. 639, and set October 21, 1981 as the date for public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Commission Resolution No. 2353 - Intention to increase garba e rates - set public hearin ate - City Manager Evans presented Commission Resolution No. 2353, entitled: COMMISSION RESOLUTION NO. 2353 A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO INCREASE RESI- DENTIAL GARBAGE RATES AND LANDFI LL FEES TO THE RESIDENTS OF THE CITY OF BOZEMAN AND USERS OF THE CITY OF BOZEMAN'S LAND- FILL. City Manager Evans stated that this Resolution declares the intention of the City Commission to increase all landfill and garbage collection rates by 25 percent and sets the date of October 14, 1981 for public hearing. I I t was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2353, declaring the intention of the City of Bozeman to increase garbage collection and landfill rates, and set the public hearing date for October 14,1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. 067 Status report - negotiated bond sale - SID No. 633 - $158,000.00 City Manager Evans stated that the bond buyers are concerned with the flood of municipal bonds on the market. The City Manager stated that the Director of Finance has also been dealing with D. A. Davidson regarding the sale of these bonds. The firm has stated that they have reservations regarding the purchase of bonds because the last adver- I tisement for bids on this SI D appeared in the newspaper six days before the opening of the bids, and it should have been ten days between the last date of advertisement and the opening date. The City Manager stated that there are several sections of the Montana Codes Annotated which deal with advertising for bids; and the City was following one section and D. A. Davidson is using another section. The City Manager recommended that the City Commission authorize the readvertise- ment for bids for SID No. 633, with a bid opening date of October 14, 1981. He stated that this would not, however, guarantee the sale of these bonds. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission authorize the readvertisement of the Call for B ids for SID No. 633, and that October 14, 1981 be set as the date for opening of the bids. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. Status report - SI D Nos. 633, 634 and 635 - sanitary sewer, storm sewer, water and paving - West Main Business Plaza I City Engineer Van't Hul stated that he had checked with Fred Bell, of Cook-Bell Realty, sole owners of the property involved in SID Nos. 633 and 634; and with Maurice Klabunde, who has bought out John Lane and is sole owner of the property involved in SID No. 635. The Engineer stated that the City has received good construction bids and the bonds for SID Nos. 634 and 635 have been sold. Mr. Bell desires a construction award on SID No. 634, and Mr. Klabunde desires a construction award on SID No. 635. The City Engineer recommended that the Commission award these two SID construction bids. This would provide the sanitary sewer lines along U.S. Highway 191, while SID No. 633 would provide the sanitary sewer lines to the various parcels of land. After the bonds for SID No. 633 have been sold, then the construction bid on this SID could be awarded, and that portion of the project completed. City Engineer Van't Hul noted that the City should get construction on SID Nos. 634 and 635 completed in the near future because of the possibility of widening of U.S. Highway 191. Also, the contractor would like to complete as much of the project as possible as soon as possible. City Manager Evans concurred in the recommendation of the City Engineer that the City Commission award the construction bids for SID Nos. 634 and 635. He further stated I that the City Staff will attempt to negotiate the sale of bonds for SID No. 633 so that this bid might also be awarded as soon as possible. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission award the bid for Special Improvement District No. 634 to Underground Con- struction, Bozeman, Montana, in the bid amount of $19,947.50; and the bid for Special f)rq .V "~,, Improvement District No. 635 to Underground Construction, Bozeman, Montana, in the bid amount of $7,725.00; and that the Staff be directed to continue the negotiated bond sale for Special Improvement District No. 633, so that a bid award might be made. T he mot ion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Status report - negotiated bond sale - SID No. 615 - $400,000.00 I City Manager Evans stated that the Finance Director has been negotiating the sale of the bonds for SID No. 615. He stated that Morrison-Maierle has reviewed the bids, and it appears that the City may be able to reduce the amount of the bond sale to $250,000.00, rather than the original $400,000.00. The City Manager also stated that there is a possi- bi lity that Mr. R. H. Grover would be interested in purchasing these bonds. City Manager Evans requested that the City Commission allow the City Staff to con- tinue negotiating the bond sale, and that the Commission consider resetting the amount of the bonds to be sold. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission direct the City Staff to continue negotiations on the sale and amount of bonds for SID No. 615. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. Status report - SI D No. 615 - sanitary sewer trunk - Burrup Annexation I City Manager Evans stated that he does not feel that the City can award a construc- tion contract on SID No. 615 until the bonds have been sold. The City Manager requested that this item be deferred until after sale of the bonds. Commissioner Stiff asked how the amount of the bond sale could be decreased so drastically. City Manager Evans stated that evidently the engineers working on the project had estimated the bids to be much higher than they were. City Engineer Van't Hul stated that the original amount of bonds was set at $300,000.00. When the engineers found that the sanitary sewer trunk must be placed under Interstate 90, they increased the amount of bonds to $400,000.00. The firms submitting the low bids ap- parently have the equipment necessary for the project and were able to submit bids lower than the engineer's estimate. Mayor MacNab continued the award of the construction bid for SID No. 615 unti I after the sa Ie of the bonds has been completed. Status report - Bids on vehicle storage bui Iding I Assistant City Manager Barrick stated that he has been discussing the proposal sub- mitted by Tonca Construction with the owner, since that proposal was not really in bid form. The Assistant City Manager has been further dealing with a firm in Rexburg, Idaho, and a firm in Big Timber, Montana, who have shown interest in bidding on this vehicle storage building. 069 Mayor MacNab asked what the chances of beginning construction this Fall would be. Assistant City Manager Barrick stated that there is still a chance that construction could begin this Fall. As soon as the building is up and vehicles can be stored in it, the old City Shop building located by the New Public Library could be removed. City Manager Evans stated that if the project is awarded to the Rexburg, Idaho, I firm, they could have delivery of the metal building they are proposing in four weeks. While they are waiting for delivery of the building, they could be pouring the concrete slab and otherwise be preparing to put the building up. Request - Gallatin Valley Bicycle Club - permission to conduct bicycle race - October 10, 1981 City Manager Evans presented to the Commission a request on behalf of the Gallatin Valley Bicycle Club for permission to conduct a bicycle race on October 10, 1981, from 11: 00 a.m. to 4: 00 p. m. The proposed streets for this race are South Ninth, Story, South Tenth and Alderson. The City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request on behalf of the Gallatin Valley Bicycle Club for permission to conduct a bicycle race on October 10, 1981 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 Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Request - University Square Shopping Center - permission to drop Ping Pong balls from balloon - October 10, 1981 City Manager Evans presented to the Commission a request on behalf of the University Square Shopping Center for permission to drop Ping Pong balls from a balloon on October 10, 1981. This balloon is to be tethered in the parking lot; and approximately 1,000 Ping Pong balls will be dropped over a three-hour period. This promotional is to be held in conjunction with their First Anniversary Sale. The City Manager recommended approval of the request, since it is to be held on private property. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission approve the request on behalf of the University Square Shopping Center for permission to drop Ping Pong balls from a balloon on October 10, 1981, subject to approval of the request by the F.A.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - permission to attend - Arthur Van't Hul and Joe Thill - APWA Fall Board Meeting/ Seminar on Street Maintenance - Billings, Montana - October 2H3, 1981 I City Manager Evans presented to the Commission a request on behalf of City Engineer Arthur Van't Hul and Assistant Street Superintendent Joe Thill for permission to attend the APWA Fall Board Meeting/Seminar on Street Maintenance to be held in Billings, Montana, on October 21-23, 1981. The City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the 07 (: Commission approve the request on behalf of City Engineer Arthur Van1t Hul and Assistant Street Superintendent Joe Thill for permission to attend the APWA Fall Board Meeting/Seminar on Street Maintenance in Billings, Montana, on October 21-23, 1981 and, it being in the public interest, the expenses be paid from the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Request - permission to attend - Amy Swan and Ken Vail - governmental auditing course - Helena, Montana - October 2, 1981 City Manager Evans presented to the Commission a request on behalf of Director of Finance Amy Swan and Controller Ken Vai I for permission to attend a governmental auditing procedures course to be held in Helena, Montana, on October 2, 1981. The City Manager recommended approval of the request. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission approve the request on behalf of Director of Finance Amy Swan and Controller Ken Vail for permission to attend a governmental auditing procedures course to be held in Helena, Montana, on October 2, 1981 and, it being in the public interest, the expenses be paid from the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - permission to hold Annual MSU Homecoming Parade - October 17, 1981 I City Manager Evans presented to the Commission a request for permission to hold the Annual MSU Homecoming Parade on October 17, 1981. The parade is scheduled to begin at 10: 00 a. m., beginning at the Buttrey's Shopping Center parking lot and terminating at the Heeb's parking lot. The City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request for permission to conduct the Annual Homecoming Parade on October 17, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Acknowledge petition ~ creation of an SID - trees, grates and benches in the Downtown Business District Mr. Tim Fitzgerald, President of the Bozeman Downtown Development Association, Inc., presented to the Commission a petition for the creation of a Special Improvement District. The proposed SID would include the area along Main Street from Rouse Avenue to Grand Avenue and would provide for the following: 1. Provide and plant 36 additional trees on Main Street; I 2. Provide 36 base grates and 36 tree guards; 3. Provide and install 28 benches on Main Street; 4. Provide for a credit to those property owners which have previously planted trees and provided the base grates and tree guards, upon their request; 5. Possibly provide for a Maintenance District to provide care and upkeep of the trees and benches; and 6. If possible, purchase the benches, base grates and tree guards from local manu- factu rers. 01'1 Mr. Tim Fitzgerald also suggested the possible formation of a three-member advisory committee selected from the downtown property owners and the Downtown Development Associa- tion to assist the City Staff in implementing this project. City Manager Evans recommended that the Commission acknowledge receipt of the peti- tion and refer it to the Staff for further research and review. I It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the petition from the Bozeman Downtown Development Association, Inc., for the creation of a Special Improvement District along Main Street from Rouse Avenue to Grand Avenue for the purpose of installation and maintenance of trees, base grates, tree guards and benches, and refer this petition to the City Staff for further research and review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. City Manager's proposal - Development of an Administrative Charge Rate for Centralized Services City Manager Evans stated that this proposal had been previously before the Commis- sion in May, at that time it was continued until September. The City Manager stated that he has talked with Gil Crain, and they both feel that this proposal should be deferred until the audit on the utilities is completed so that the administrative staff is not overloaded. The City Manager asked that the matter be deferred once again. I Commissioner Swanson asked if a ceiling amount had been discussed and stated that he is against an open-ended contract. Mayor MacNab requested that this item be deferred after the completion of the audit. Discussion - Baptist Church property - acquisition for Waste Water Treatment Plant City Manager Evans requested that this item be removed from the agenda. The Mayor removed this discussion item. Discussion - Auction of all surplus items in the Old Library Building City Manager Evans stated that the Library Board is in favor of auctioning off all items in the Old Library Building that could be declared surplus. He stated that some of the items could be used by the City for other than Library use. The Library Board has agreed to let the City have the items which it feels could be used. The City Manager recommended authorization of an auction, with the net proceeds going for Library use. Mayor MacNab asked how the bidding would be done. Dr. John Parker, Chairman of the Library Board, stated that they recommend a I public auction, with each item being sold individually. Dr. Parker then raised the question of who would choose the auctioneer for this sale. Mayor MacNab suggested that the Library Board select the auctioneer and establish the terms of the sale. Commissioner Stiff asked for an estimate of the net proceeds from this sale. 07;? Dr. Parker stated that the Library has estimated $15,000.00 possibly. Commissioner Stiff asked which fund the money would be receipted into if the Com- mission did not specify the use. City Manager Evans stated that the money would come back into the General Fund if it is not specified. He further stated that the City Commission has the authority to re- appropriate the funds back to the Library if they so desire. I Mayor MacNab feels that the money should be earmarked for Library use, for com- pletion of a number of items. Dr. Parker stated that the money could be used for completion of the New Public Library or go toward the maintenance of the bui Iding. He further stated that most public structures have pieces of art located throughout them. He suggested the possible purchase of a few pictures. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the sale of the surplus items from the Old Library Building; that the Library Board be authorized to select the auctioneer and establish the terms of the sale; and that disposition of the funds be deferred until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Status report - Fi II ing Station Assistant City Manager Barrick stated that there has been some activity on the paving I of the parking lot at the Fi lIing Station in the past couple of weeks. He stated that approximately one-half of the paving has been completed. He further stated that one of the owners of the business had been in and stated that he does not have the money to do any more of the paving. Mayor MacNab asked if the owners of the Filling Station have re-requested the issuance of a gambling license. Assistant City Manager Barrick stated that they have not. Commissioner Swanson stated that the Fi IIing Station has not met the conditions of the Conditional Use Permit. Mayor MacNab requested that the application for the re-issuance of a gambling license be placed on the agenda for next week. Discussion - Agreement with Montana State Highway Department re Farmer's Canal City Attorney Planalp stated that Pat O'Connell, from the State Highway Department, and John Scully, Attorney for the Farmer's Canal, have been attempting to reach an agree- ment for maintenance of the Farmer's Canal which wi II be satisfactory to all parties. The I City Attorney further stated that the proposed agreement is along the lines that the City Engineer has suggested. The City Attorney stated that he has told the State Highway De- partment that, if they desire, they may proceed with work on North Nineteenth Avenue at their own risk until the Commission meets next Wednesday and reviews the agreement. 073 The City Attorney further stated that the City will get generally what it wanted two years ago in the agreement. He stated that the area covered by the agreement extends from College Avenue past Durston Road. City Engineer Van1t Hul stated that the contract for construction of North Nineteenth should be awarded in October. He stated that preliminary steps for construction can be I done this winter, and construction can then begin in the Spring. Mayor MacNab requested that the City Staff attempt to get signalization installed at the corner of Main and Nineteenth during this paving project. Claims Claims for the past two weeks were presented. The City Manager 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 Swanson, seconded by Commissioner Stiff, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. Authorize Mayor to sign - Request for reimbursement from EPA - WWTP ~ $242,522.00 City Manager Evans presented to the Commission a request for reimbursement from I EPA on the construction of the Waste Water Treatment Plant in the amount of $242,522.00. The City Manager recommended that the Commission authorize the Mayor to sign this request. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the Mayor to sign the request for reimbursement from EPA for the construction of the Waste Water Treatment Plant in the amount of $242,522.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. File reports - Police Court monthly for July and August 1981 City Manager Evans stated that the Police Court monthly reports for July and August 1981 appeared to be in order and recommended that they be accepted and ordered filed. It was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the Police Court monthly reports for July and August 1981 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. I City Manager's report - re signing on South Sixth, Cleveland to Grant City Manager Evans stated that the signing for "No Parkingll on South Sixth from Cleveland to Grant has historically been done by Montana State University. He further stated that this signing is not adequate. The City Manager had a meeting with Police representatives and Montana State University. - 07!i Montana State University will put up new signs, four signs per block, and the Police Department wi II monitor the parking in that area. City Manager's report - Health status of Chief of Police George Tate City Manager Evans stated that Chief of Police George Tate had been in the office on Wednesday morning. The Chief of Police is feeling good and feels that he can come back to I work around the middle of October. The doctors have stated that his health problems are physical and not caused by stress, although stress can aggravate the situation. The Chief of Police is looking forward to coming back to work. Adjournment - 2:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Stiff, that the meeting be ad- jou rned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Stiff and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission - I