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HomeMy WebLinkAbout1981-10-07 075 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 7, 1981 ********************** The Commission of the City of Bozeman met in regular session in the Commission I Room, Municipal Building, October 7,1981, at 1:15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The Mayor then requested a moment of silence in memory of Guy Sperry. The minutes of the regular meeting of September 22, 1981, were approved as corrected; and the minutes of the regular meeting of September 30, 1981, were approved as submitted. Decision - Charles Rush - Conditional Use Permit - 2430 North 7th Avenue This was the time and place set for a decision on the request on behalf of Charles Rush for a Conditional Use Permit, which would allow the construction of mini-warehouse units. The site for the proposed development is located on a portion of Lot 19 of the Gordon Mandeville School Section Subdivision in the SE! of Section 36, Township 1 South, 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 I is requested because mini-warehouses are not a permitted use because of the "T" designation on this parcel of land. The Planning Staff has reviewed the proposed Conditional Use Permit application and recommends conditional approval. The Zoning Commission revised two of the recommended conditions proposed by the Planning Staff and approved the remaining nine conditions as submitted by the Planning Staff. The City Manager concurred in the recommendations of the Planning Staff and the Zoning Commission and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request on behalf of Charles Rush for a Conditional Use Permit for the construction of mini-warehouses on Lot 19 of the Gordon Mandevi lIe School Section Sub- division, subject to the following conditions: 1. That the plans for the individual well and septic system be reviewed and approved by the Montana State Department of Health and Environmental Sciences. Any plans to utilize or extend the City of Bozeman services must be reviewed and approved by the City Engineer. . 2. That the developer obtain professional engineering help to confirm that the designed slope will maintain its stability considering the fill material involved. I 3. I f the development of Phase I is begun before all fill of Phase " is complete, keep an undeveloped access route to Phase II. The route plan should be discussed with the Planning Staff and illustrated on the final site plan. 4. That an accurate contour map and plan profile be submitted to the Planning Staff for review and approval. The submittals shalf illustrate the elevation difference between the natural ground and the planned fill elevation, the designed slope of the embankment between the railroad property and the project site and the planned method of slope stabilization. ~""'I'"'\ .r; . ~ ~ ~,' 5. That total slope stabilization of the embankment between the railroad property and the project site must be achieved within 3 years of the conditional use permit approval by the City Commission of Phase I. No building permit may be issued for Phase II until such time as the embankment has at least been planted with an approved vegetation to achieve proper slope stabilization. 6. That the developer enter into an improvements agreement with the City of Bozeman to insure proper slope stabilization of the designated embankment. 7. That a complete paving and drainage plan be submitted for review and approval I by the City engineer. This would include paving and drainage plans for the access from U.S. Highway No. 10. 8. That a phasing plan be submitted indicating the time planned for developing the total project. 9. Three (3) copies of a final site plan containing all conditions, corrections and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy retained by the Building Department; and one(l) signed copy retained by the applicant. 10. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved file site plan. 11. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none; Commissioner Mathre abstained. Consideration of bids - Janitorial Services for New Public Library City Manager Evans stated that the consideration of bids for the janitorial services I for the New Public Library had been continued from last week, pending a written recommenda- tion from the Library Board, and specifying the reasons for their recommendation. The City Manager stated that the Chairman of the Library Board had submitted that written recommenda- tion. The City Manager concurred in the recommendation of the Library Board, and recom- mended that the bid for the janitorial services for the New Public Library be awarded to Big Sky Chem Dry, which was the second low bidder. The City Manager concurred with the Library Board that the low bid was too low to be realistic. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission award the contracted janitorial services bid for the New Public Library to Big Sky Chern Dry, in the amount of $475.00 per month plus $1,000.00 for the annual carpet cleaning, for an average amount of $558.00 per month. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. The bid of Big Sky Chem Dry was the second low bid. However, the Commission concurred with the Library Board that the low bid was too low to be realistic, and it was a I newly started service with no present users for reference. Also, the reference received from Eastern Washington State University was not a strong recommendation. Consideration of bids - Police Division - Radio System City Manager Evans stated that this was the time set for consideration of the bids for 077 a radio system for the Police Division. He stated that the apparent low bid from Motorola was actually higher than the bid from General Electric when all the additions for the speci- fied items were added in. The bid from General Electric in the amount of $22,655.50 is above the budgeted amount of $17,500.00. The City Manager stated that the Police Division may be able to sell the present radio I equipment to pay a portion of, if not the entire, difference between the budgeted amount and the bid. The Police Division could also pay $17,500.00 during this fiscal year, and General Electric would carry the balance at 21% until next fiscal year. City Manager Evans recommended that the bid be awarded to General Electric. Commissioner Mathre asked if it would be possible to borrow the funds from other funds within the City to finance the balance unti I next fiscal year. City Manager Evans stated that the City Commission could set the interest rate and borrow the money from another City fund rather than carry a contract with General Electric. Mayor MacNab asked what method would be used for sale of the old radio equipment. Acting Chief Harold Veltkamp stated that the Police Division would accept sealed bids on the equipment. He also stated that the pieces of radio equipment could be split up, and bids could be submitted on the ~ndividual pieces or on the whole system. Commissioner Stiff asked about the possibi Iity of using the old equipment as a trade-in. Acting Chief Veltkamp stated that the Police Division could get a better price by I selling the equipment than using it as a trade-in on the new system. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission award the bid for a radio system for the Police Division to General Electric in the amount of $22,655.50. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. City Manager Evans recommended that the interest on borrowing funds from another City account for the $5,155.50 difference between the bid and the budgeted amount be set at 12 percent. Commissioner Vollmer asked if the bookkeeping costs to the City would be enough to offset the savings in interest by borrowing from another City fund rather than from General Electric or possibly increase the costs to the City. City Manager Evans stated that the bookkeeping costs would not be as great as the difference between the interest rates. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission set the interest rate at 12% on those funds borrowed from another City fund until I next fiscal year for the purchase of the radio system for the Police Division, provided those funds are needed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. (r~q . ~I" .,:-.,1 Consideration of bids - Street Division - one industrial wheel loader City Manager Evans stated that this was the time set for consideration of the bids for an industrial wheel loader for the Street Division. He stated that the apparent low bid from Manhattan Machinery Company, Manhattan, Montana, did not meet the specifications. The Street Division Superintendent recommended that the second low bid from Dorn Equipment, Bozeman, Montana, in the amount of $13,392.45 be accepted; and the City Manager concurred I with this recommendation. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission award the bid for an industrial wheel loader for the Street Division to Dorn Equipment, Bozeman, Montana, in the amount of $13,392.45, it being the lowest acceptable bid, meeting the specifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Public hearing - Preliminar Subdivision Plat Review - Tewage Su bjivision (Developer: Gene ook, et. al. - area southwest 0 t e agy oulevard and outh Eleventh Avenue intersection This was the time and place set for a public hearing on the preliminary plat review for the Tewage Subdivision. This proposed subdivision contains 14.6 acres and is located west of South Eleventh Avenue, next to the stadium at M. S. U. and south of the unimproved portion of Kagy Boulevard. Zoning on this parcel of land is R-4, Residential. The proposal includes 29 lots, with an average lot size of 14,338 square feet. At maximum in the R-4 density, 145 dwelling units could be accommodated, or about 5 dwelling units per lot. I City Manager Evans stated that this Preliminary Subdivision Plat Review had been before the City Commission several months ago. He stated that this matter is now back before the City Commission at the request of the developer. Planning Director John Moss presented the Staff Report. He stated that at that time, Planning Director Paul Bolton had recommended conditional approval of the Preliminary Plat for the Tewage Subdivision. The matter was scheduled for a public hearing before the City Commission in March of 1981, but the request was withdrawn by the applicant. Mayor MacNab opened the public hearing. Mr. Ron Allen, representing the developer, stated that they had reviewed the condi- tions recommended by the Planning Staff; and the developer concurs with most of the recommendations. The one condition which the developer would desire a change of wording in is Item No. 2 of the Planning Staff's report dated February 11, 1981, which states: "Final plat approval subject to construction of proposed twelve (12) inch water main in South Eleventh Avenue's alignment as part of the City of Bozeman's water supply improvement program. II Mr. Allen stated that the developer desires the wording to be changed to: II Prior to any construction on the site ..... II rather than, II final plat approval subject to I II . . . . . Mr. Gene Cook, one of the developers involved in the subdivision, stated that he had felt that he could work with the City and the University regarding the potential traffic problems, as well as the problems which presently exist. Mr. Cook stated that this was the 079 reason the request has been withdrawn from the agenda previously. Mr. Cook stated that he has had several meetings with the University and the City, and is now before the City Commission since these discussions seemed to do no good. The University seems to want the land, and has asked the developer to consider a land trade. Mr. Cook stated that he is not interested in such a land trade. He further stated that there is a tremendous demand for I housing in this town; and this area is located close to the University and is zoned R-4. Mr. Cook also noted that several people from Wi 1I0w Way were present at the meeting. He stated that he has met with these people before and will continue to work with them as much as possible whi Ie developing this project. Commissioner Stiff asked Mr. Cook about the possibility of extending Kagy to South Nineteenth to accommodate the growth this subdivision would bring to the area. Mr. Cook stated that construction would not begin for approximately eighteen months; and then the area would not bui Id up just overnight. He stated the City Commission should focus attention on this matter, but it is not an important factor at the present time. Commissioner Stiff noted that a 45-foot road easement is provided from Tewage, because the University won't give any land for this purpose. Mayor MacNab asked the City Attorney if an area is condemned for a roadway, must the surface to be used be specified. City Attorney Planalp stated that the nature of the improvements is an element of the condemnation proceedings and that the Court considers these factors. I Mr. John Bronken, who owns five acres joining the Tewage Subdivision on the west, stated that he supports this proposed subdivision. Mr. Craig Roloff, representative from Montana State University, stated that in February 1981, Dr. Tietz wrote a letter to the developer listing several items of concern. He stated that some of the matters have been resolved. However, there is still a potential for traffic congestion and access problems when the Fieldhouse or the Stadium are in use. He further stated that the increased traffic affects the traffic and pedestrian problem present on South Eleventh Avenue. Mr. Roloff requested deferral of this subdivision until the problems existing on South Eleventh have been solved. Commissioner Mathre asked what the terms of the solution might be. Commissioner Vollmer asked why the University was holding up the extension of South Eleventh to the south. The Commissioner further stated that the City has never received a reason why the University cannot cooperate and relieve some of the traffic congestion. Mr. Roloff stated that an extension of South Eleventh would only funnel additional traffic through the campus on Eleventh. He further stated that if Kagy could be extended to South Nineteenth at the same time, it would set up an additional traffic pathway. He I stated that this extension would help the University administration accept the extension of South Eleventh Avenue easier. Commissioner Vollmer stated that he has traveled through the University of Montana campus in Missoula with no problem. He feels that it could work here also. The Commissioner also suggested extending Graf Street to tie into South Eleventh extended. This would carry a lot of the traffic south, away from the campus. n8'c\ , I , ;, I '"". ...'~ ,.' Mrs. Pat Moree, 1801 Willow Way, stated that Mr. Cook has gone out of his way to work with the neighborhood. She stated that a lot of the prob lems have been solved, but not the access problem. Mr. Maurice Klabunde stated that he has sat in on several City Commission meetings, and was present during the hearing held regarding the proposed McDonald's on South Eleventh Avenue. He stated that the University seems to be trying to postpone any development, I whi Ie proposing new complexes on the University property. He feels that it is not fai r for the University to oppose new development in the area when they are developing their property as rapidly as possible. Mr. Klabunde doesn't feel that 200 people living in the area would make or break the traffic problem on South Eleventh Avenue. Also, the University stated at the hearing on McDonald's that the R-4 zoning in the area of the University is badly needed. He stated that development of the R-4 zoning is what is being proposed in this Preliminary Plat Review. Mr. Klabunde stated that he feels it is in the best interest of the University and of the City to have the area developed. Mrs. Arlene Lambert, 1521 Willow Way, stated that she opposes the proposed con- struction because she would rather look at the fields and the mountains. She further stated that the proposed development seems to be of good quality and would be an asset to the community and the University. She feels that the best traffic flow would be on South Eleventh Street. She stated that Lincoln and Kagy are close, and to extend Kagy to South Nineteenth would create a bad situation. She stated that Mr. Cook is being considerate of everyone. I Mayor MacNab closed the publ ic hearing. Mayor MacNab requested that the matter be placed on the agenda next week, for a deci s ion. Discussion - Acquisition and occupancy of property at 1022 South Fifth Avenue for a Battered Women's Shelter City Manager Evans presented to the Commission for discussion a proposal for the purchase of the house located at 1022 South Fifth Avenue for a Battered Women's Network shelter. The City Manager stated that this discussion is to provide an opportunity for all interested parties to address the matter, and for the City Commission to provide guidance on the process of purchasing property for the Battered Women's Network. The City Manager further stated that there is a great deal of neighborhood opposition to the proposed use of this property. The City has also been accused of wrongdoings in connection with the acquisi- tion of this property. However, HUD has found no fault with the procedure which the City has followed in this acquisition, using a portion of the CDBG funds for the purchase of this property. The City Manager further stated that, according to Sections 76-2313 and 76-2-314, I M.C.A., a Battered Women's Network shelter is a permitted use in a residential area. Mayor MacNab stated that although this is listed as a discussion, he would follow the same format as that used for a public hearing. The Mayor opened the discussion. 081 Mr. Ray Atteberry, Associate Broker at ERA Landmark, stated that he has been in- volved in the sale of the property. He has been working with the Battered Women's Network in searching for a shelter. He stated that they have been looking in an R-3 zone because a fami Iy wi" be I iving in the home on a full-time basis. He stated that this house meets the needs of the Battered Women's Network better than any other houses they have looked at I since March. Ms. Jan Strout, on the Board of Directors of the Network, stated that they have re- ceived tremendous support from the City Commission. She stated that she would respond to any questions raised. The processes followed have been requi red by the grant. Mr. Jim Smith, a property owner across the street and south of the proposed site, stated that he was not aware of the problem of battered women in the area unti I about a month ago. When he realized the need, he decided to lend his full support to the project. Mr. Joe Sabol, Attorney for the concerned citizens in the area, stated that within one block of the proposed site, 14 households are against and 1 is for the shelter being located at 1022 South Fifth Avenue. Mr. Sabol also noted that the petition circulated in that area contains 22 signatures opposed to the proposal and 3 signatures in favor of the proposal. Mr. Sabol stated that a requested variance was published in the newspaper in Barbara Agocs' name on behalf of Nancy Nordtvedt. The variance was required because an addition was proposed which would follow the original line of the house, which is too close to the property line. The matter was withdrawn before the Board of Adjustment meeting, so the I public hearing was not held. The opposition is concerned about the following: (1) proce- dural aspects on acquisition of the variance; (2) current application for the shelter; and (3) residents who do not want that shelter in the area. Mr. Jack Hutchison, 504 West Arthur, stated that he would have supported the pro- posal as much as two weeks ago. Events of the past two weeks have caused him to not want the Battered Women's Network shelter as neighbors because (1) fiscal concerns (concerned about upkeep of the area); (2) procedures (feels inconsistencies between what is being done and what HUD requires); and (3) attitudinal point (treatment by the City was not as ex- pected) . Mr. Hutchison stated that the proposed site is outside of the area specified in the original HUD grant, which was the northeast sector of town. Mr. Hutchison also stated that the City was attempting secrecy in the matter. Commissioner Stiff stated that he can see the importance to the battered lady that her husband not know where she is. Ms. Jan Strout stated that the Battered Women's Network had requested that the address be confidential, not that it be a matter of secrecy. She stated that the address is held confidential if at all possible in order to protect the children and wives. She feel s that I there is a difference between confidential and secrecy. Commissioner Mathre asked Barbara Agocs if the environmental concerns have been met. Mrs. Barbara Agocs, Grants Administrator, stated that they have been met, par- ticularly the main ones. She stated that the City cannot get the money without the en- vironmental concerns having been addressed. She stated that before the purchase of this 082 particular property, a site specific study must be conducted. She further stated that HUD has released the funds to the City. She also stated that one would assume that if the City were not in compliance with the desires of HUD, the funds would not have been released. Mrs. Barbara Agocs then commented on the target area for the grant. She stated that, under the program, 75 percent of the funds are to be spent in the target area and the other 25 percent of the funds can be spent in the remainder of the city. She stated that I this target area had been rescinded and made city-wide, including the downtown area. Mrs. Agocs stated that her name was used in the advertisement for the public hearing because the Battered Women's Network does not have a vested interest in the property. She stated that nothing was done in a clandestine manner. Commissioner Mathre asked who would have the fiscal responsibility for this property. Mrs. Agocs stated that the Battered Women1s Network has the ability to sustain the property. She further stated that one of the conditions of the purchase of this property in- volves maintenance. I f any of the conditions are not met, the property wi II then revert back to the City. Assistant City Manager Barrick stated that the variance before the Board of Adjust- ment was requested because the house was a non-conforming structure, and the proposed addition maintained the same building line. He stated that the staff advertised in the newspaper and posted one sign on the property. He stated that the Zoning Code requires a second sign be posted in a public place; however, the law prohibits the posting of signs on publ ic posts and poles. Assistant City Manager Barrick said Mr. Hutchison had stated that I he would hold up the process as long as possible because the advertising was not properly done. The requested variance was then withdrawn. Mrs. Barbara Agocs stated that one of the questions was citizen input. S he stated that public hearings had been held and people were present who were concerned about the proposals. She stated that all of the requirements had been met. Mr. Bob Taylor, 1113 South Fifth Avenue, has objections to the shelter being located in this neighborhood. He feels that the location is far from ideal. He feels that a shelter in the area could endanger the student population. Also, a group home is located only one block away, and fraternities and sororities are located in the same area. Mr. Taylor was also concerned about the property values in the area being negatively impacted. Maintenance of the property is another concern, because he does not feel that they would have the incentive to maintain the property as a fami Iy would. Mr. Taylor also stated that the Battered Women's Network desires a calm neighborhood, and the area is not calm during the winter months when college students are present. Mr. Richard Roeder stated that he had called the City and was told that he would re- ceive a letter regarding the variance request. He stated that he had received the letter, I which did not really say what the proposed use would be. He stated that the secrecy about the address could also indicate problems in the area. Mr. Joe Sabol stated that it would appear that what the individuals want is an oppor- tunity to be heard once a site specific study has been done on this location. 083 City Manager Evans stated that Mr. Hutchison was given all of the information requested but the appraisal, a confidential document which could not be revealed until the appraiser had released the document for public inspection. This release has since been received. Mayor MacNab asked if the shelter would be a permitted use within the zone. I City Attorney Planalp stated that it is a permitted use. Therefore, if no variance had been requested, the shelter could have been located there with no problem. Mayor MacNab stated that until yesterday (Tuesday) no one had called him regarding the proposed location for the shelter. Mrs. Agocs stated that the people in the area cannot dictate what will go into a certain structure, as long as that use is a permitted use in the zone. She further stated that the appraisal was not required by HUD, but was something which the City did on its own. Mayor MacNab asked, in the past six months, how many people were counseled, how many were placed in a shelter, and how long the average person stays. The Battered Women's Network stated that about 75 or 80 people were counseled. Not many were placed in a shelter because there is not an access close enough to meet thei r needs. About one-third of those counseled have been requesting shelters specifically. The women stay anywhere from one night to two months, depending on their needs. Commissioner Stiff noted that in this case, the discussion is more of a courtesy I review than actual input for a decision. Mayor MacNab asked if, where a faci lity is by State law a permitted use within that zone, can the City Commission deny it? City Attorney Planalp stated that the City Commission and Battered Women's Network are selecting the site. It is not a matter of approval or denial. Mr. Joe Sabol agrees that the City Commission is selecting a site through the HUD grant. He disagrees on the State law which has been cited. He stated that even though the money has been released by HUD, a site specific study must still be done. He stated that the neighbors in the area feel there should be citizen input. He recommended that a site specific study be done, talk to the neighbors and see if there may be another suitable site available. Commissioner Swanson noted that hopefully there is a contingency of release clause in the contract for the property, and asked Ray Atteberry to review the contract. Mr. Atteberry stated that the contract does contain a contingency of release of the funds by HUD. Commissioner Swanson then asked the City Attorney to review the contract prior to I next week's City Commission meeting. Commissioner Vollmer asked if the Battered Women's Network is the owner of the property, with the City just being the pass-through. He also asked what happens if they go broke, and who will pay the expenses. Mrs. Barbara Agocs stated that the Battered Women's Network will receive a con- ditional deed. It is three years before the property becomes the Battered Women's 081, Network's. All of the conditions are listed in the deed. I f anything happens, the City can then find a new use for the property or sell it and return the funds to HUD. Commissioner Vollmer asked if people will voluntarily support the Battered Women's Network. Mrs. Jan Strout stated that they plan to maintain and improve the appearance of the property. She also stated that they know basically where their income is and what they can I afford to do. Mrs. Agocs stated that she could have someone else come in and do the site specific study. She stated that it would be less suspect than if she does it herself. Mayor MacNab requested that the City Attorney review the contract for the property and that the matter be placed on next week's agenda for further discussion. Acknowledge petition for creation of SID's - Valley Unit No. I, Phases II and III - Valley Unit Corporation City Manager Evans presented to the Commission a petition on behalf of Valley Unit Corporation for the creation of Special Improvement Districts to be located in Valley Unit No. 1 Subdivision, Phases II and III. This requested SID is a sole ownership. The City Manager recommended that the Commission acknowledge receipt of the petition and refer it to staff for review and a recommendation to be presented to the Commission in two weeks. Mr. Joe Sabol, Attorney for the Valley Unit Corporation, stated that the petition had been submitted to the City on September 8, 1981. He believes that the Planning Staff has been reviewing the petition, but does not know if the Engineering Office has had time to I review it. Mr. Sabol stated that he feels the petition could be acted on in less than two weeks. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission acknowledge the petition on behalf of the Valley Unit Corporation for the creation of Special Improvement Districts in Valley Unit No. 1 Subdivision, Phases II and III, and that the petition be referred to Staff for further review and a recommendation to be made to the City Commission in two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Mayor MacNab stated that the firm of Sanderson/ Stewart/Gaston Engineering, Inc., is a licensed engineering firm within the State of Montana. The Mayor also stated that the petition for creation of Special I mprovement Districts in Valley Unit No. 1 Subdivision, Phases II and III requested that this firm be retained as the consulting engineers for the project. City Attorney Planalp stated that he sees no problem with retaining this firm as the I consulting engineers for the requested Special I mprovement Districts. City Engineer Arthur Van't Hul stated that the City selects the consulting engineers for each project. He stated that the owner of the property may request that a certain con- sulting engineer be retained, however. The Engineer further stated that the City must have the ability to select the consulting engineer because too often the consulting engineers feels 085 that he is working for the developer rather than for the City, which can create problems. City Engineer Van't Hul also stated that the firm of Sanderson/Stewart/Gaston Engineering, Inc., is a reputable firm. Commissioner Mathre asked if acknowledgement of the petition means acceptance of the requested consulting engineering firm. I City Engineer Van't Hul stated that acknowledgement of the petition simply allows the City Staff to begin evaluation of the requested project and the financial estimates for the proposed work. Mr. Joe Sabol stated that it is not the intent of the petition to engage the consulting engineer at this time. He stated that the consulting engineering firm must enter into a con- tract with the City for the specific project. Reconsider decision - request - Joe Sabol - withdrawal of Waiver of Protest of Annexation for Valley Unit No. 2 Mobile Home Subdivision ( decision made on September 2, 1981 City Manager Evans presented to the Commission a request on behalf of Joe Sabol for reconsideration of a City Commission decision made on September 2, 1981, regarding the withdrawal of the Waiver of Protest of Annexation for Valley Unit No.2 Mobile Home Sub- division. Mr. Joe Sabol apologized for not attending the meeting of September 2, and stated that he was not aware that the item was on the agenda. He stated that the request for the withdrawal of the Waiver of Protest of Annexation stemmed from the denial of the City for I services to the property. He stated that the Waiver had been requested by the City when they were considering City services to the area. He feels that the Waiver should now be re- turned since the City has refused to provide services. Mr. Sabol stated that the petitioner wants the Waiver returned because if they cannot get City services, the area must be divided into larger tracts for on-site sewer improvements. He stated that for the area west of Ferguson, the on-site sewer will take approximately one- third of the area. This makes it necessary to divide the land into different parcels, which he feels is a terrible waste of land. However, the alternatives are limited by the Health De- partment. The developer would like to see all land possible on City sewer. Commissioner Stiff once again expressed his concern about the growth of this area. He asked Mr. Sabol if he knows something that the City Commissioners don1t know. Mr. Sabol told the Commission to be assured that if somebody had signed on the dotted line, they would know about it. He stated that he has been negotiating with five separate light manufacturing or business type businesses; however, nothing has come out of any of the negotiations. He feels that no business wi II consider moving into the area until the interest rates are level. Mr. Sabol also stated that once the city can get one light I manufacturing business in the area and show that it can provide housing, services, etc., to the people, more businesses will move into the area. Commissioner Stiff stated that the City must look at the whole package because de- cisions have been made in the past based on the Waiver of Protest of Annexation. He further stated that the value of the land needed for an on-site sewer system is immense. nor '0 t) O.oJ Mr. Sabol stated that the developer is now concerned about doing something so that he is able to do something with the land. The developer is now proposing to sell some of the property to help to pay for the sanitary sewer system. It is easier to sell this land with a clear title than it is with a Waiver of Protest of Annexation involved. Commissioner Vollmer asked if some other approach could be taken to solve the problem. Mr. Sabol stated that they could come back with what they had previously. He I stated that for the best development of the land, it must be provided with City sewer. He further stated that an area this size will require City sewer in the future. He further indicated a willingness to come back with the request, if he had some idea of what would be acceptable. Commissioner Stiff stated his concern about the possibility of overdevelopment or of using the sewer capacity and hurting the remainder of the city. Commissioner Vollmer stated that he does not want to see the issue dead. He stated that if we give the Waiver back, the Commission will have to go through the entire process again. Mayor MacNab asked for a motion to reconsider the City Commission's decision made on September 2, 1981, regarding the request on behalf of Joe Sabol for a withdrawal of the Waiver of Protest of Annexation for Valley Unit No. 2 Mobi Ie Home Subdivision. No one made a motion; and the City will still hold the Waiver of Protest of Annexation for Valley Unit No. 2 Mobile Home Subdivision. Discussion - Economic Growth Policy - (Commission's desires as to wording; resultin from I amber of ommerce proposal City Manager Evans stated that the City Commission has not yet resolved the exact wording of the Economic Growth Policy. He stated that the policy as adopted by the Chamber of Commerce seems to be too general for the desires of the City Commission. Commissioner Mathre stated that she had drafted in basic resolution form a proposed pol icy, wh ich basically follows the policy adopted by the Chamber of Commerce, and presented a copy of it to each of the City Commissioners for their review and further discussion. Commissioner Stiff stated that his biggest question regarding the matter is, "Economic growth, according to whom. II He further stated that the inactivity of the City Commission on this matter is giving the Chamber of Commerce a feel ing that the City Commission is anti- growth, which is incorrect. Mayor MacNab requested that the item be placed on next week's agenda for further review and discussion. Proposed Commission Resolution - Intention to provide tax relief for local manufacturing I industrial development City Manager Evans stated that the last Legislative Session passed a bill which would allow the cities to provide tax relief for local manufacturing industrial development on a graduated tax schedule. The City Manager stated that this tax rei ief would be provided by 087 the City Commission on an individual basis, after a public hearing has been held on the request. The City Manager further stated that the City's main source of income is property taxes, and this resolution seems to be self-defeating in some ways. Mayor MacNab stated that he has reservations regarding this proposed resolution. Commissioner Vollmer stated that in Nampa, Idaho, the City adopted this type of I policy. However, they had a large City-owned industrial park, so it did not affect their income as it would this City's. Mayor MacNab asked what criteria would be used for the granting of or denial of an appl ication. He also noted that if a business is granted this tax relief, and three years later a tax increment district is created, it could lock the City into a 50 percent cut in the property taxes for that business. The Mayor also stated that he doesn't know if the City can afford to give away what it needs. Mayor MacNab requested that this item be placed on the agenda next week for further discussion. Commission Resolution No. 2354 - Water rates City Manager Evans presented Commission Resolution No. 2354, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2354 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. I City Manager Evans stated that the rates shown are those established by the Public Service Commission, with an effective date of October 1, 1981. These new rates wi II be reflected in the November 1, 1981, water billing. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2354, establishing rates for water charges for the City of Bozeman as provided in Order No. 4834 in Docket No. 80.10.76 of the Public Service Commission, and setting the effective date of such rates as October 1, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Discussion - Disposition of funds from auction of all surplus items in the Old Library Building City Manager Evans stated that the estimate of $15,000.00 provided last week was ap- parently high. He stated that one auctioneer has looked at the items to be auctioned and given an estimate of $1,500.00. The City Manager feels that there are some things the I Library could purchase with this money. He recommended that the proceeds from the auction be reappropriated to the Library Fund for use as established by the Library Board. Commissioner Stiff stated that he had not expected this item to appear on the agenda until the money had been received from the auction. City Manager Evans feels that it could reassure the Library Board that the money would be returned to the Library Fund. The City Manager stated that one of the possible nq >J ',. ~". './ uses of the money would be to purchase a few items for the New Public Library which were not done during construction due to the cost. City Manager Evans stated that this matter could also be continued until after the auction, when the specific amount of money is known. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission reappropriate any proceeds from the auction of the surplus items to the Library Fund for use as determined by the Library Board. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Discussion ~ Interest on SID No. 543 bonds - $23,000.00 City Manager Evans stated that, when the bonds for Special Improvement District No. 543, in the amount of $23,000.00, were sold to Mr. Jack Brandt, the interest amount was set at 6.5 percent. He stated that when the bonds and coupons were printed, the coupons re- flected a 3.25 percent interest rate. The City Manager stated that this error went un- detected, and was an oversight on the pa rt of all involved. The City has since found the error and has spoken with Mr. Brandt regarding the situation. The City Manager stated that the question involved at this point is whether or not the City owes any interest in addition to the 3.25 percent which it has not been paying since January 1975. He feels that the City has an obligation to pay interest on this interest which had not been paid, but not to exceed the original 6.5 percent. Mr. Jack Brandt stated that it is only appropriate that the City should pay additional I interest because it has been using these monies and gaining interest. He recommended an interest rate of 8.6 percent on the unpaid interest. Commissioner Swanson asked if these unpaid monies had been invested. City Manager Evans stated that the surplus monies on SI D's are invested. This money goes back into the SI D's to be used for the future payment of bonds. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission acknowledge the error on the interest paid on the coupons on Special Improvement District No. 543, in the amount of $23,000.00, and that the City pay the additional 3.25 percent interest from January 1975 to present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. City Manager Evans concurred in the recommendation of the Director of Finance that the City pay 6.5 percent interest on the interest which is owed to Mr. Brandt. Commissioner Swanson asked if the City would have made 6.5 percent on the money which had not been paid to Mr. Brandt for interest. City Manager Evans stated that it would have been close to that figure to start. and I we are now in an inflationary period, so on the average, the City probably exceeded the 6.5 percent interest rate. Commissioner Stiff noted that until this calendar year, a large amount of the City's money was gaining no interest. 089 . It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission set the rate of interest to be paid on the 3.25 percent interest owed to Mr. Brandt on the coupons on the bonds for Special Improvement District No. 543 for the period January 1975 to present at 6.5 percent, or $561.15. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, I Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Application for relicensing of gambling - Filling Station - July 1, 1981 to June 30, 1982 City Manager Evans presented to the Commission an application for relicensing of gambling at the Filling Station, located at 2005 North Rouse Avenue, for the period of July 1,1981, to June 30, 1982. The City Manager stated that he has received a request from the owners of the Filling Station to have this appl ication withdrawn. Application for raffle license - Bozeman Hawk Cheerleaders - December 15, 1981 City Manager Evans presented to the Commission an application for raffle license, along with the required fee, on behalf of the Bozeman Hawk Cheerleaders for a raffle to be held on December 15, 1981. To be raffled is $75.00 worth of gas. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the appl ication on behalf of the Bozeman Hawk Cheerleaders for a raffle to be held on December 15, 1981. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Authorize Mayor to sign - Agreement with Montana State Highway Department - re Farmer1s Canal City Manager Evans stated that the Montana State Highway Department and City of Bozeman are close to an agreement regarding the Farmer's Canal as it runs next to Nineteenth Avenue. The City Engineer feels that the contract is fair; and the City Manager recommended that the City Commission authorize the Mayor to sign the contract as soon as it is in final form. The City Manager said that the contract will be done in the next few days, and the State is anxious to begin the project on North Nineteenth. Mr. Dave Norton, Board of Di rectors of the Farmer's Canal, stated that the attorneys for the various parties have been in contact and they seem to be close to an agreement. He feels that it is a good contract and is close to final form. I t was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Mayor be authorized to sign the agreement with the Montana State Highway Department regarding the Farmer1s Canal as soon as it is in final form. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. 1)9 Authorize Mayor to sign - Agreement with Montana State Highway Department - re railroad crossing signing City Manager Evans presented to the Commission an agreement with the Montana State Highway Department regarding railroad crossing signing. He stated that this involves just the warning signs which are posted beside the roadway. The City Manager stated that this has historically been done. He also stated that Street Superintendent Gee sees no problem I with it. The City Manager recommended that the Mayor be authorized to sign the agreement. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Mayor to sign the ag reement with the Montana State Highway Depart- ment regarding the rai'road crossing signing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Authorize Mayor to sign - request for reimbursement - EPA - sanita ry sewer - $29,638.00 City Manager Evans presented to the Commission a request for reimbursement from EPA on the Sanitary Sewer Improvements, Schedules II and III, in the amount of $29,638.00. The City Manager recommended that the Commission authorize the Mayor to sign this request for reimbursement from EPA. 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 Sanitary Sewer Improvements, Schedules II and III, in the amount of $29,638.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Consideration of claim from the Local Government Services Division, State of Montana - audit bill in the amount of $28,380 originally submitted to the City under the date of June 27,1979 City Manager Evans stated that there is sufficient additional revenue from Interest Earnings and Non-Business Licenses and Permits to cover the costs of this claim. The City Manager recommended authorization to pay this claim and stated that he would further research the revenues and prepare a Budget Amendment for adoption by the City Commission. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the payment of the audit bill for the period of July 1, 1976, through June 30, 1978, in the amount of $28,380.00 to the Local Government Services Division of the State of Montana. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Statement of Completion - SID Nos. 626 (sanitar sewer lateral - Stratford, West Main and I own Pump nnexation; 627 sanitary sewer main nnexation ; and 629 (sanitary sewer and water main - outh 22nd, City Manager Evans presented to the City Commission a Statement of Completion for Special Improvement District Nos. 626, 627 and 629 and recommended that the City Commis- 091 sion acknowledge receipt and filing of the Statement of Completion. The City Manager noted that acceptance of the Statement of Completion does not relieve the contractor of his respon- sibility for negligence or faulty materials or workmanship within the standard period pro- vided for by law. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the I Commission acknowledge receipt of the Statement of Completion for Special Improvement District Nos. 626 (sanitary sewer lateral - Stratford, West Main and Town Pump Annexation); 627 (sanitary sewer main Lot 1, Triangle Area Annexation); and 629 (sanitary sewer and water main South 22nd, University Square) and that the Statement of Completion be ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Authorize purchase - Epoke Salt Spreader - $7,396.00 (budgeted item) City Manager Evans presented to the Commission a request on behalf of the Street Division for authorization to purchase an Epoke Salt Spreader in the amount of $7,396.00. This is a budgeted item for this fiscal year, and the City Manager recommended approval of the request. The City Manager also noted that, as of October 1, 1981, legislation allows cities to purchase items up to $10,000.00 in value from quotes and no longer need to go out for bids. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the purchase of an Epoke Salt Spreader in the amount of $7,396.00 for the Street Division. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Math re and Mayor MacNab; those voting No, none. Change Order No. 1- Lawson's Greenhouse- $50.00 City Manager Evans presented to the Commission Change Order No. 1 for Lawson's Greenhouse in the amount of an additional $50.00. The City Manager recommended that the Mayor be authorized to sign the Change Order. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve Change Order No.1 for Lawson's Greenhouse in the amount of $50.00, and that the Mayor be authorized to sign the Change Order. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I Authorize construction of garage - Waste Water Treatment Plant residence City Manager Evans stated that the City has received four quotes for the construction of a two-car, 22-foot by 30-foot, garage at the Waste Water Treatment Plant residence. The City Manager recommended that the Commission accept the low quote of $4,490.00, as sub- (]q ':-' '" .... :" mitted by Snow-Line Garages. He stated that the quality of workmanship is acceptable, and the proposed garage would meet the needs of the City. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission award the construction of a two-car, 22-foot by 30-foot garage, at the Waste Water Treatment Plant residence to Snow-Line Garages, Belgrade, Montana, in the amount of $4,490.00, their being the lowest quote. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting no, none. Proclamation - "Fire Prevention Week 198111 - October 4-10,1981 Mayor MacNab proclaimed the week of October 4-10, 1981, as II Fi re Prevention Week 1981" in the City of Bozeman and urged all departments and agencies of the City government to participate in a campaign for improved fire safety and all citizens to take part in relieving hazardous conditions and making our city a safer community. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff that the Com- mission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Report - Building I nspection Department for September 1981 City Manager Evans stated that the monthly report for the Bui Iding Inspection I Department for September 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission acknowledge the report of the Building Inspection Department for the month of September 1981 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Change date of Commission meeting - Veteran's Day - from November 11 to November 10, 1981 City Manager Evans stated that November 11 is Veteran's Day, a holiday for City, County and State employees, as provided in Section 1-1-216, M.C.A. This falls on a Wednesday, so the City Manager requested that the City Commission change the date of the City Commission meeting to Tuesday, November 10, 1981. It was moved by Commissioner Swanson,seconded by Commissioner Mathre, that the Commission change the date of the regular City Commission meeting from Wednesday, I November 11, 1981, to Tuesday, November 10, 1981, because of November 11 being a holiday as provided in Section 1-1-216, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. 093 Information Item - Holiday (State Code) - Columbus Day - October 12, 1981 City Manager Evans stated that the City offices will be closed on Monday, October 12, 1981, in observance of Columbus Day, as provided in Section 1-1-216, M. C. A. The City Manager stated that the agenda will be distributed on Tuesday, October 13, 1981. I Absence of Commissioner Swanson - October 21, 1981 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that Com- missioner Swanson be excused from the meeting of October 21, 1981, in compliance with Sec- tion 7-3-4349, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Adjournment - 5:10 p.m There being no further business to come before the Commission at this time I it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB I Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I