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HomeMy WebLinkAbout1982-01-20 245 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 20, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 20, 1982 at 1 :15 p.m. Present were Mayor Stiff, Comm issioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp, Acting City Attorney Line- berger and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of January 13, 1982, will be considered at next week's meeting as they were not prepared as of meeting time. Management Recommendation concerning Water System Improvements and the Sale of Bonds to Finance Improvements City Manager Evans stated that representatives from Thomas, Dean and Hoskins, the City's consulting engineers, and Boettcher and Company from Denver, Colorado, the City's bond consultants, were present and asked them to make their presentations. Mr. Tom Thomas, Thomas, Dean and Hoskins, stated that interest rates have increased drastically since the new water rates were instituted. Also, the construction costs have risen I during the one-year delay since the costs were estimated. Mr. Thomas then covered the proposed improvements to the water system. These in- clude a 30-inch transmission line, a water filtration plant and a feeder main on Oak Street be- tween Rouse Avenue and Fifth Avenue. The cost of these improvements would be approxi- mately $3,750,000.00. Mr. Thomas then stated that if funds were avai lable, a storage tank located along Highland Boulevard and a 14-inch transmission line to meet the main transmis- sion line could be constructed at an approximate cost of $650,000.00, and other items could be built, consisting mainly of feeder mains for approximately $1,400,000.00. He noted that no money is presently avai lable for the last two items mentioned. Mr. Thomas stated that the proposed water filtration plant would not be sufficient for future needs. However, the plant will be built in segments, with the possibility of future expansion. The 30-inch transmission line will be sufficient to provide the City's water needs for at least the next twenty years, and probably longer. Mr. Thomas noted that the Publ ic Service Commission gave the City a three-part raise in the water rates. He stated that the first step has been instituted; when the bonds are sold, a second level can be instituted; and when the plant is operational, the third level can I be instituted by the City Commission. Mr. Thomas then presented a chart showing the in- creases in the water rates that will take effect when the bonds are sold. Mr. Tuck Ganzenmuller, Boettcher and Company, stated that he would suggest the consideration of a $4, 150,000.00 Water Revenue Bond issue. He stated that the City would realize approximately $3,800,000.00 to $3,900,000.00 in net proceeds. Mr. Ganzenmuller then '):.., ;~. noted that, under Montana State Statutes, these bonds must be sold at a public sale. He stated that Boettcher and Company feels that in today's market, there is a glut of municipal bonds. He further noted that they would recommend the purchasing of bond insurance to make these bonds more attractive to the buyer. This insurance would also provide a AAA rating for the bonds, while the last General Obligation Bonds sold by the City carried a B-AA rating. He feels that this difference in bond rating would probably ensure approxi- I mately 1 point difference on the interest rate to be paid on the bonds. Mr. Ganzenmuller then stated that the Public Service Commission had authorized the City to sell bonds on a 25-year basis if desired. He stated that Boettcher and Company would recommend a 20-year bond, which would save interest costs for the City. He also noted that the difference in the percentage of interest paid after the purchase of bond insurance would result in a net savings in interest costs to the City. Mr. Ganzenmuller then presented to the Commission an overview of the proposed Water Revenue Bond issue, and briefly discussed it with the Commission. Mayor Stiff asked if the City may be missing some chance for income to the Water Utility, i.e., water hookup charges. City Manager Evans stated that Mr. William OILeary, the City's water rate Attorney from Helena, is researching the possibility of a hookup fee for both water and sewer. The City Manager noted that this charge would be based on the phi losophy that users over the years have paid for the new plants, and new homeowners are paying a fee to get into that new plant. He noted that the revenues from such fees would be earmarked for capital I acquisition and construction. City Engineer Vanlt Hul stated that, at the present time, the City is using less than 5,000,000 gallons of water per day during the winter months. He noted that during a peak day in the summer, the water consumption could be up to 10,000,000 gallons of water per day. He stated that the proposed water filtration plant, consisting of two 5,000,000-gallon- per-day systems placed side by side will be adequate at the present time. Comm issioner Weaver asked when the water fi Itration plant wi II be in operation. City Engineer Van't Hul stated that, if the bonds are sold this summer, it will be approximately one year. City Manager Evans noted that the presentations and recommendations made by Thomas, Oean and Hoskins and Boettcher and Company were the product of several meetings with the City Staff, and that the City Staff concurred in all of the recommendations presented. The City Manager then noted that the previous City Commission had authorized the planning for these improvements and recommended that the present City Commission authorize and direct the City Staff to proceed with the marketing of the Water Revenue Bonds. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I City Commission authorize and direct the City Staff to proceed with preparations for the sale of the Water Revenue Bonds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 2L~ 7 Public hearing - Commission Resolution No. 2344 - SID No. 640 - water main in Bridger Center Subdivision This was the time and place set for a public hearing on Commission Resolution No. 2344, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2344 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 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. 640 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES IN BRIDGER CENTER SUBOIVISION IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATER MAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFI LL, BEDDING MATERIAL, DUCTI LE WATER MAIN, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS, ANO OTHER NECESSARY APPURTENANCES. Mayor Stiff opened the public hearing. City Engineer Arthur Van't Hul presented the City Staff report. He stated that he had received 61 percent written protests to the creation of Special Improvement District No. 640, for the installation of a water main in Bridger Center Subdivision. City Manager Evans stated that under State Statute, Special Improvement District No. 640 cannot be created because protests have been received on over 50 percent of the property involved in the Special Improvement District. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission not approve the creation of Special Improvement Oistrict No. 640, for the I installation of a water main in Bridger Center Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Continued publ ic hearing - Conditional Use Permit - Oonald Turner - Warehouse in M-1- T-4 District (Continued to March 1, 1982) This was the time and place set for the continued public hearing on the request on behalf of Donald Turner for a Conditional Use Permit for the construction of a building to be utilized by three small businesses. The property in question is Lot 4 of the I ndustrial Prop- erties, which is located in the northern planning sector of the City. It is more commonly referred to as 1609 Gold Avenue, which is approximately 150 feet out of the Bryant Street and Gold Avenue intersection. The parcel is approximately 27,509 square feet in size. The "T" designation on this parcel requires that the appl icant receive approval for a Conditional Use Permit. City Manager Evans stated that this public hearing was opened and continued on I December 2, 1981, at the request of the Zoning Commission. The City Manager noted that the Zoning Commission has once again continued the public hearing and has requested that the City Commission also continue the public hearing until March 1, 1982. Mayor Stiff reopened the continued public hearing. No one was present to speak in support of or in opposition to the request. Mayor Stiff continued the public hearing until March 1, 1982. 1"')) . (\ ._ ~..~~ \ ' J Public hearing ~ Conditional Use Permit - Robert Braun - Change of Non-Conforming Use This was the time and place set for the public hearing on the request for a Conditional Use Permit on behalf of Robert Braun to change a non-conforming use to another non-conforming use. The tract in question is a portion of the SEt, SWt, Section 25, Township 2 South, Range 5 East, P.M.M., or more commonly located just south of the Sourdough Volunteer Fire Department facility on the west side of South Third Avenue. At the present time, the property I is zoned A-S. The structure located on this site is presently being used for the restoration of old cars, and the land around the outside of the structure is being used for the storage of old car parts and concrete septic tanks. The proposed activity would be a one-man potato processing plant within the structure, with no outside activity at this location. Mayor Stiff opened the publ ic hea ring. Mr. John Moss, Planning Director, presented the Staff Report. The Planning Staff recommended conditional approval of the Conditional Use Permit. They feel that the proposed use is less non-conforming than the present use of the property. The Zoning Commission recommends denial of the Conditional Use Permit. Mr. Moss stated that the County Sanitarian has inspected the site and has approved the water well and the septic tank system located on this tract of land. Mr. Moss also noted that the Zoning Commission had expressed concern that conditions of the first Conditional Use Permit had not been met. The Planning Staff has reviewed the City.s records, and has found that no Conditional Use Permit was issued for the present use. Mr. Robert R. Braun, 4270 South Third, explained the proposed potato processing to I the City Commission. He stated that there is a portable cooler by the bui Iding. He noted that this is the only thing which is located outside of the present building. Mr. Braun stated that concern had been expressed about the entrance to this property being through the Sourdough Volunteer Fire Department driveway. He stated that he has received per- mission from the County to install a culvert and construct a driveway for his property. As soon as the weather permits, this culvert will be installed and the roadway constructed. Mr. Braun also stated that he will be moving the septic tanks. He also plans to plant trees and make the property attractive. He admitted that the property has been an eyesore to the neighborhood recently. Mr. Braun stated that the cooler located outside the building will be used for the storage of potatoes in the Fall, when he plans to buy a large supply of potatoes from those people cleaning out their storage bins for the new harvest. Mr. Braun stated that, if the business is sold, the people involved will buy the equip- ment and move it to a new location. He stated that this building is available to him now and is economically feasible for him. Mr. John Fisher, President of the Sourdough Volunteer Fire Company, noted that he I was unable to appear before the Zoning Commission. He read a letter from the Sourdough Volunteer Fi re Company Board of Di rectors, supporting the proposed change of use for this property. Mr. Mike Coi I, Attorney representing the Hyalite Heights Subdivision, spoke in opposi- tion to the request. He stated that the subdivision contains approximately 120 houses, with 248 most of the people opposed to the requested non-conforming use. Mr. Coil then noted several reasons for opposition to the request. He first outlined the non-conforming use permit pro- cedure to be followed; then noted the Zoning Commission's recommendation for denial. Mr. Coi I stated that street maintenance in their subdivision is a private problem. He stated that the County has informed the subdivision that they do not intend to maintain the streets. I Also, they do not want through traffic on their streets. Mr. Coil noted that Mr. Braun had already addressed the present state of the property, which is an unsightly mess. Mr. Coil further noted that he was the Acting City Attorney when Mr. Braun was before the City for the present non-conforming use. He distinctly remembers a discussion of the proposed use for the property, even though no one can find records of that discussion. Mr. Coil further stated that there are a number of developing industrial areas around the city. He noted that the area south of the city -has been maintained as residential, and they donlt need any commercial development. Mr. Coil also noted that, when the proposal was submitted to the Zoning Commission, they were not aware that a portable cooler would be located outside of the present structure. The Conditional Use Permit would not allow for the placement of another structure on the premises. Mr. Coi I also noted a concern about possible expansion of the plant. Mr. Coi I also questioned whether or not the requested non-conform- ing use is equal to or better than the present non-conforming use. He noted that the present use is relatively static, with little traffic; and the requested use could generate a lot of traffic activity. I Commissioner Mathre asked what traffic patterns would be followed to reach Mr. Braun's plant. Mr. Braun stated that most traffic would be on South Third Avenue, from his house to the plant and back in on South Third. The traffic would use Patterson Road to reach South Nineteenth. Mr. John Moss, Planning Director, stated that the application by Mr. Braun does not request any additional buildings outside of the present structure. He noted that this could have had an impact on the Zoning Commission's decision. Mr. Braun noted that he did state that there would be a cooler on the outside of the bui Iding. He stated that perhaps he did not make that point clear. He further noted that the cooler wi II be 12 feet by 28 feet. Mayor Stiff closed the publ ic hearing. A decision will be forthcoming in one week. Publ ic hearing - Conditional Use Permit - Michael Rodrique - Warehouse in M-1- T -4 District (Continued to May 17, 1982) This was the time and place set for a public hearing on the request for a Conditional Use Permit on behalf of Michael Rodrique. The proposed site is legally known as Lots 1 and I 2 of the Bomont Center Subdivision, and is more commonly known as 421 Bond Street. The site is located in the northern planning sector of the city and is currently zoned M-1- T -4. The proposed use (a freight terminal) is a permitted use; however, the "T" designation requires the property owners to seek Conditional Use Permit approval. City Manager Evans stated that the applicant has requested that this public hearing be continued until May 17,1982. '1 r:' ,. i' ~ ; ~,'. ".... Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to the request. Mayor Stiff continued the publ ic hearing unti I May 17, 1982. Public hearing - Conditional Use Permit - Ray Center, Survco - Warehouse in M-1- T -4 District This was the time and place set for a public hearing on the request for a Conditional I Use Permit on behalf of Ray Center, Survco, Incorporated. The proposed site is a portion of Certificate of Survey No. 27, which is located in the SE! of Section 31, Township 1 South, Range 5 East, M.P.M. It is more commonly known as a tract of land situated along the east bank of the East Gallatin River, just west of the General Distributing Warehouse in the Bridger Center Subdivision and just north of the Robinson property, which borders along Bridger Orive. Due to the "T" designation, the applicant! owner must receive a Conditional Use Permit. Mayor Stiff opened the public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report, along with slides and pictures of the area in question. Mr. Money stated that the Planning Staff had recommended conditional approval of the request, and the Zoning Commission had concurred in this recom- mendation. Mr. Ray Center, Survco, Inc., was present to speak on behalf of the developers. Mr. Center noted that the fill on the site was brought in some time prior to the present ownership. The developers had leveled the site during the past year. Mr. Center noted I that the plans include the removal of approximately one foot of land along the eastern property line to help the flow of flood waters back into the river. This would also help to keep the flood waters away from the building, which would be built close to the western edge of the property. Mr. Center noted that the plans include the planting of three trees along the river bank and the planting of smooth broom grass to provide protection from erosion along the river bank. Mr. Center further noted that the bui Iding would be placed more than two feet above the 100-year flood plain. He does not feel that this development would hurt anyone located in the area and might help the flooding in the area. Mr. Center stated that his client is willing to accept the conditions recommended by the Planning Staff. Mr. John McLees, Two-by-Four Development, stated that they have agreed to the con- ditions placed on approval of the Conditional Use Permit. He noted that the developers be- lieve in working with the community and improving existing conditions. Commissioner Mathre noted that the applicant proposes improvement of the situation. However, she is not interested in placing the City in a position of greater liability by changing the natural contou rs of the land. I City Engineer Van't Hul noted that the flood this Spring seemed to hit the contours of the 500-year flood. He noted that only a very small part of the water would go through the proposed lowered area. He also does not feel that this method will work. The City Engineer also questioned how long the lowered portion would remain. He noted that after the first 251 winter when that area drifted full, it would be very possible that the applicant would fill the area back in. Commissioner Vant Hull asked if the City Engineer felt anything could be done to help alleviate the problems. City Engineer Van1t Hul stated that there is too much development in the area now. I He noted that in Bomont Center Subdivision, there is a 60-foot buffer area between the river and the bui Idings. In this area, there are buildings practically on the river bank. Mr. Ray Center stated that, by sloping the river bank more and by lowering the eastern edge of the property, the developer would be helping the possible flooding situation. He also noted that snowplowing is a fact of life in this part of the country. He stated that the entire area would be paved, so plowing would be no major problem. Mayor Stiff closed the public hearing. A decision wi II be forthcoming in one week. Public hearing - B-3 Zone Code Amendment - Zoning Commission - Listed Permitted and Conditional Uses l Continued tor one week) This was the time and place set for a public hearing on the proposed Zone Code Amendment to Sections 18.48.020 and 18.72.150 of the Bozeman Municipal Code. These amendments would add certain permitted uses in the B-3 Zone and would delete certain other permitted uses in the B-3 Zone. Also, the list of conditional uses would be changed for the B-3 Zone. City Manager Evans stated that this publ ic hearing could be continued for a period of I one week. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Stiff continued the public hearing for a period of one week. Public hearing - B-2 Zone Code Amendment - Zoning Commission - Mini-Warehouses as CondItional Use This was the time and place set for a public hearing on the proposed Zone Code Amendment to Section 18.45 of the Bozeman Municipal Code. The proposed Zone Code Amendment would amend Section 18.72.150, which is referred to in Section 18.45, to allow Mini-Warehouses as a permitted conditional use in the B-2, Community Highway Business, District. The City Manager stated that this public hearing could be continued for a period of one week. Mayor Stiff opened the publ ic hearing. I No one was present to speak in support of or in opposition to the requested Zone Code Amendment. Mayor Stiff continued the public hearing for a period of one week. ')r. "., ..../ i,. Public hearing - Flood District Zone Code Amendment - Zoning Commission - Revise Existing Flood Plain Regulations This was the time and place set for a public hearing on the proposed Zone Code Amendment to Section 18.66 of the Bozeman Municipal Code. The proposed amendment would revise the flood plain regulations so that they would meet the Federal minimum standards for the Flood Hazard District. I City Manager Evans stated that this Zone Code Amendment should be considered at this time because the City must have the new regulations adopted, the effective date met, and the revised regulations filed with the Federal government prior to March 15, 1982. Mayor Stiff opened the public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. He stated that the City of Bozeman must change the Zone Code to meet minimum standards. Mr. Nei I Mann, Assistant City Engineer, presented a brief report on the proposed amendment and why the amendment is required. Mr. Mann noted that the City is covered by a flood insurance program, which makes insurance available for purchase by individuals for structures and contents. This alleviates reliance on spending tax dollars to provide emergency monies to help in cases of flooding. At the present time, this flood insurance is offered at a subsidized rate. When this second phase of the program begins, the regular flood insurance will become available. This phase includes the adoption of a more detailed set of flood plain regulations than now exists to keep the flood insurance. The City's role then will be to enforce the minimum flood plain standards set. Mr. Mann stated that the new regulations must be adopted and enforceable by March 15, 1982. He also noted that these I standards better reflect the flood plain information which is now available. Mr. Mann also noted that this flood insurance program is conducted by the Federal government. The insurance can be sold by local insurance agents. Mayor Stiff asked what these new regulations would impose on the property owners. Mr. Mann stated that structures presently located in the floodway will be subject to certain restrictions concerning expansion or improvements. New construction must meet flood plain development standards. Commissioner Mathre asked if this amendment really changes the Code. Mr. Mann stated that it is more accurate. He noted that information is now avai lable on which to base decisions, rather than making judgmental calls. City Engineer Vanlt Hul stated that the City Engineer is named the Flood Plain Ad- ministrator. He noted that this provides local control based on federally set guidelines. He also stated that this amendment will change the wording to follow the federal guidelines. Mayor Stiff closed the public hearing. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission waive the customary one-week interval since no protests were received. The mo- I tion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 253 It was then moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt the Flood District Zone Code Amendment, as proposed by the Zoning Commission, and that the City Attorney be instructed to prepare an ordinance to be brought back to the City Commission for adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant I Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Ordinance No. 1094 - Amending Section 2.08.200 - redefining of the composition of Board of Trustees of the Publ ic Library City Manager Evans presented Ordinance No. 1094, entitled: ORDINANCE NO. 1094 AN ORDI NANCE OF THE CITY OF BOZEMAN, MONTANA, AMENOI NG SECTION 2.08.200 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE RE- DEFINING THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE PUBLIC LIBRARY OF THE CITY OF BOZEMAN, MONTANA. Mr. John Parker stated that the Library Board met on Tuesday evening and discussed the proposed Ordinance. He stated that there were three things which they would like to have modified prior to the adoption of the Ordinance: (1) the phrase "... composed of five persons, two of whom shall be women... II is sexist and the underl ined portion shou Id be removed; (2) the Ordinance states that the terms shall be two years in length and the State Law states that the terms shall be five years in length, so the Ordinance should be changed to agree with the State Law. Also, the State Law states that one person may not hold office I for more than two successive terms. The Library Board feels that this may be put in the Ordinance or can be omitted; and (3) the specific sections of the State Code should be cited when the Ordinance refers to State Law, i.e., Sections 21-1-308 and 21-1-309. Mr. Parker noted he feels that the terms of each of the people on the Library Board should be set so that one person is up for appointment or reappointment each year. Mayor Stiff noted that, if the appointments are made correctly, the Juggl ing is behind us. City Manager Evans stated that citing specific sections of the Montana Codes Annotated within a City Ordinance is not prudent because these sections change. Also, there are other sections of the Code that will affect the Library Board. The City Manager feels that the phrase "laws of the State of Montanall is sufficient. The City Manager agreed that the requirement that two women serve on the Library Board is unnecessary. He further noted that the length of terms as listed in the Ordinance must comply with the State Law. It was moved by Commissioner Weaver that the Commission direct the Staff to revise the Ordinance to delete the phrase "two of whom shall be women; II change the length of term from two years to five years to comply with State Law; and maintain the present wording I which states lithe laws of the State of Montana. II The motion died for lack of a second. Mr. Parker then noted that there are conflicts in the State Statutes. He noted that at some time in the future, a decision will have to be made on the prevailing rule. He stated that in one part of the Statutes, the City Manager is placed in charge of the Library opera- tion, while in another section of the Statutes the Library Board is placed in charge of all Library operations. ?C'I "... ::) 'of Commissioner Vant Hull noted that many people feel that the new Public Library would have been built a year before it was if it had not been for the conflict between the then City Manager and the Library Board. She noted that when the past City administration was asked to find out who had authority, the statement was made that it might be better not to ask the opinion of the State Attorney General. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, I that the Commission direct the City Attorney to request the State Attorney General to define who has authority in I ibrary operations. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Anderson; those voting No being Commissioner Mathre, Commissioner Weaver and Mayor Stiff. Commissioner Mathre stated that, at the time of the conflict, she felt that requesting the Attorney General's opinion would be the appropriate action. Now, she does not feel any need for that opinion exists. Mayor Stiff agreed with Commissioner Mathre. He stated that the City Commission has other problems to deal with. Commissioner Mathre shared a bit of phi losophy, III f it ain't broke, don' fix it. II Mr. Parker immediately replied, "In time of peace, prepare for war.1I It was then moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission direct the Staff to revise the Ordinance to delete the phrase IItwo of whom shall be women; II change the length of term from two to five years to comply with State Law; and maintain the present wording which states, lithe laws of the State of Montana; II and that I the Ordinance be presented at next week's meeting for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2388 - Intention to vacate South Seventeenth and South Eighteenth Avenues - to correct Certificate of Survey - set hearing date for February 3, 1982 City Manager Evans presented Commission Resolution No. 2388, entitled: COMMISSION RESOLUTION NO. 2388 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, OECLARING IT TO BE THE INTENTION OF SAID COMMIS- SION TO VACATE PORTIONS OF 17th AVENUE AND 18th AVENUE SOUTH OF OLIVE STREET IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2388, declaring the intention to vacate South Seventeenth and South Eighteenth Avenues, and set the public hearing date for February 3, 1982. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and I Mayor Stiff; those voting No, none. Commission Resolution No. 2389 - Establishing policy re creation of Special Improvement Districts City Manager Evans presented Commission Resolution No. 2389, as prepared by the City Attorney, entitled: 255 COMMISSION RESOLUTION NO. 2389 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, ESTABLISHING A POLICY REGARDING THE CREATION OF SPECIAL IMPROVEMENT DISTRICTS. City Manager Evans stated that he had received this resolution from the City Attorney just prior to the Commission meeting. He stated that the Commission may defer action on this I item for one week if they so desire. Mayor Stiff deferred action on Commission Resolution No. 2389 for a period of one week. Commission Resolution No. 2390 - Accelerating SID del inquent payments City Manager Evans presented Commission Resolution No. 2390, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2390 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN ESTABLISHING A POLICY FOR THE ACCELERATION OF SUBSEQUENT INSTALLMENTS OF SPECIAL ASSESSMENTS WHEN ANY ONE SPECIAL ASSESSMENT BECOMES DELINQUENT; PROVIDING FOR EXCEPTIONS THERETO AND ESTABLISHING A PROCEDURE FOR GRANTING SUCH EXCEPTIONS. City Manager Evans stated that he had received this resolution from the City Attorney just prior to the Commission meeting also. He stated that, if the Commission so desired, it could defer action for one week. Mayor Stiff deferred action on Commission Resolution No. 2390 for a period of one I week. Commission Resolution No. 2391 - Oeclaring the need no longer exists for emergency American Legion Housing City Manager Evans presented Commission Resolution No. 2391, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2391 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN TERMINATING THE CONTRACT FOR LEASE OF OCTOBER 11, 1950 BETWEEN THE CITY OF BOZEMAN AND GALLATIN POST NO. 14 OF THE AMERICAN LEGION DEPARTMENT OF MONTANA. City Manager Evans stated that this Resolution is the result of the City Attorneyls recommendation that a Resolution be adopted due to the wording of the original lease. He further noted that the City is now reaching the marginal point in the passage of this Resolu- tion and the serving of notice to the American Legion of the termination of this lease. Mayor Stiff noted that during the discussion at last week's meeting, it was noted that everything must be destroyed, including appliances. He feels that if there is salvage value in anything, it would be best not to demolish what could be useful. I City Manager Evans agreed with the Mayor. He noted that he feels any salvage value should go to the American Legion because they own the housing. He feels that the City should not become involved unless asked by the Legion. Mayor Stiff asked if it should become a part of the Resolution. ? '-}'; ".~ '....' ''''~'' Acting City Attorney Lineberger stated that it is not necessary. This Resolution is giving the proper notice of termination of the lease. He stated that any modification to the final termination could be done at another time. Assistant City Manager Barrick reviewed the original lease and stated that the matter of salvage material is not addressed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission adopt Commission Resolution No. 2391, declaring that the need no longer exists for emergency American Legion Housing and terminating the Contract for Lease of October 11, 1950, between the City of Bozeman and Gallatin Post No. 14 of the American Legion Department of Montana; The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - TV Franchising City Manager Evans stated that at the League of Cities and Towns Convention held in Billings in September, a presentation was made by members of local government and a repre- sentative from the television company operating in many cities, including Bozeman. He noted that this was prompted by action by Butte-Silver Bow, where they were negotiating a franchise with television companies so that the government would get a percentage of the profits. The City Manager noted that the representative from the television company stated that he would consider franchises with other cities. The reason for franchising is that a public utility com- I pany uses public property to carry its services to the subscribers. The main question which arises is, if a franchise is established for one public utility, why not for all public utilities. The purpose of this discussion is to seek the Commission IS desires on whether or not to pursue this matter. The City Manager noted that, projecting from the revenues received by Butte-Silver Bow, the City of Bozeman would receive approximately $25,000.00 per year from such a franchise. Mayor Stiff stated that he brought back a tape from the National League of Cities Con- gress of Cities held in Detroit addressing this subject. The Mayor noted that the franchising of television companies is not only a matter of revenue for the City. He noted that many of the cities in the Midwest now have R-rated movies available on television. The franchising would allow the City to control what is placed on public television. The Mayor also stated that television could possibly be used for educational purposes in training City employees. Commissioner Weaver noted a concern about taxing only one public utility company. He feels that the City must be firm when singling out one business. City Manager Evans stated that there are advantages to being able to broadcast mes- sages to the community, such as during emergencies. He also noted that perhaps some of the I City Commission meetings could be telecast. Mr. Tom Glendenning, local manager of the Bozeman Cable TV, requested that the Commission include the television company in discussions on television franchising from the start. He stated that he does not have any information on the matter because he does not 257 work with franchising. He stated that Mr. Hank Sexton, located in Butte, is the person who handles the franchising in the various cities. Mr. Glendenning noted a willingness to provide as much information as possible and to discuss the matter with the City. Mr. Glendenning noted that some of the things which are taking place in larger cities are not applicable in this area because of the economy. I Mayor Stiff asked how many subscribers there are in Bozeman, both for the cable tele- vision and for HBO. Mr. Glendenning stated that those figures are readi Iy avai lable in the cable television office, as the accounts are already separated into separate communities and rural areas. Mr. Glendenning stated that Mr. Sexton has agreed to meet with the Bozeman City Commission and help in any way possible. It was the consensus of the City Commission to pursue the possibility of television franchising in Bozeman. Discussion - Appointment of committee comprised of Mayor Stiff, Commissioner Mathre and City Manager Evans - to pursue the desirability of obtaining Milwaukee Railroad right-of-way land - City Manager Evans stated that the previous City Commission had appointed a committee comprised of Mayor Stiff, Commissioner Mathre and City Manager Evans to pursue the desira- bility of obtaining any or all of the Mi Iwaukee Rai Iroad right-of-way land. The City Manager noted that it is now before the present City Commission to determine if they desire this com- I mittee to function, change its formation or eliminate it. Acting City Attorney Lineberger noted that in West Yellowstone, a railroad line was abandoned. In researching the matter, an old federal statute was found that states if a rai Iroad line is abandoned, that portion within the city limits reverts to the municipality. The Acting City Attorney stated that he would be willing to help if the City Staff can find out the status of the abandonment proceedings. He noted that the City may not need to purchase the land. City Manager Evans stated that, if Acting City Attorney Lineberger is willing to help, it would be a great aid in pursuing the matter. The City Manager further noted that the City must consider the costs involved, the liability it may create and any future liabilities. The City Manager also stated that he feels the committee should be confirmed, and then should proceed with the aid of Acting City Attorney Lineberger. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission reaffirm the formation of a committee comprised of Mayor Stiff, Commissioner Mathre and City Manager Evans to pursue the desirability of obtaining Milwaukee Railroad right-of-way land and to confer with the atttorneys as necessary. The motion carried by the I following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Proposed revised schedule for Phase II - WWTP City Engineer Van't Hul stated that the City went to District Court and got a compliance schedule under which the City has been operating. He stated that a few changes '? .r:~;: !I.,,"J '..,' have been made due to some conflicts. He noted that in September, when the City was about to begin Phase II, a committee was meeting in Washington regarding ammonia toxicity. The State of Montana Department of Health and Environmental Sciences requested that the City of Bozeman await the decision of the committee before proceeding with Phase II of the Waste Water Treatment Plant. The result of that committee meeting was a revision in the requirements for the Waste Water Treatment Plant, which reduced the cost of the City's Plant I by approximately $1,800,000.00. City Engineer Vanlt Hul stated that the consulting engineers, Thomas, Dean and Hoskins, have submitted a revised compliance schedule. The City Engineer stated that, if the City Commission adopts the revised compliance schedule, it will then be submitted to the District Court for revision of the Consent Decree. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the revised compliance schedule as submitted by Thomas, Dean and Hoskins and that the Mayor be authorized to sign a letter to the State of Montana Water Qual ity Bureau, submitting the proposed compliance schedule. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Comm issioner Mathre, Comm issioner Weaver and Mayor Stiff; those voting No, none. Discussion - Status of right-of-way for 20 inch sewer line - North Rouse to WWTP City Manager Evans stated that the City must obtain right-of-way from the Burlington I Northern Railroad for a 20-inch sewer line to run from North Rouse to the Waste Water Treat- ment Plant. In the past, the Burlington Northern Railroad has granted requests for ease- ments. The policy of the Railroad has now changed, due to the possible installation of coal slurry lines, and they grant no easements. The only process left now is to seek condemna- tion of the property so that the City may gain an easement through this right-of-way. City Engineer Van't Hul noted that the 20-inch line presently running to the Waste Water Treatment Plant was installed in 1968. Part of that line is now flat and is beginning to create problems. The City Engineer also noted that the City has $425,000.00 in federal monies for this project. The Federal government is beginning to ask if the City is working on this project. The Federal policy now adopted is that if the money is not being used where it is originally allocated, it will be redirected to another area. If this happens, the City of Bozeman wi II lose its priority status. The City Engineer further noted that the installation of a new 20-inch sewer line from North Rouse to the Waste Water Treatment Plant is a winter project because the line passes through a swamp. Commissioner Weaver asked if the City can exercise eminent domain outside the city limits. I City Engineer Vanlt Hul stated that the City can exercise eminent domain outside the city limits if it is necessary for City operations. He cited the condemnation of land for the Waste Water Treatment Plant as an example. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the City Attorney to begin condemnation proceedings to 259 acquire right-of-way through Burlington Northern Railroad property for the installation of a 20-inch sewer line to run from North Rouse to the Waste Water Treatment Plant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Authorization to Call for Bids - Backhoe - Water Utility Oivision - open February 10, 1982 City Manager Evans presented to the Commission a request for permission to Call for Bids for a backhoe for the Water Utility Division. The City Manager noted that this is a budgeted item. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Call for Bids for a backhoe for the Water Utility Division. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - permission to sell beer - MSU Oly-Buff Days - Gallatin County Fairgrounds - February 27, 1982 City Manager Evans presented to the Commission a request on behalf of MSU Oly-Buff Days for permission to sell beer at the Gallatin County Fairgrounds on February 27, 1982. The City Manager recommended approval of the request. I Commissioner Weaver asked if this would set a precedent. Captain Boyer noted that the MSU Oly-Buff Days were held last year at the Gallatin County Fairgrounds. He noted that his only question is who has the responsibility for policing the activity, the City or the County. City Manager Evans stated that, if the Commission desired, the matter could be deferred for a period of one week to allow the City Staff time to research the matter. Mayor Stiff deferred action on the request for a period of one week. Request - permission to construct snow and ice sculptures by downtown businessmen - 1982 Bozeman Winter Carnival Committee - February 1-7, 1982 City Manager Evans presented to the Commission a request on behalf of the 1982 Bozeman Winter Carnival Committee for permission to construct snow and ice sculptures by the downtown businessmen to be displayed on the sidewalk for the period February 1 through 7, 1982. Ms. Cree Zischke, representing the 1982 Bozeman Winter Carnival Committee, stated that this request was brought to the City Commission because the proposal is to place snow I and ice sculptures on the sidewalk in front of businesses located on Main Street. She stated that the schools and MSU have already shown interest in participating, and she feels that the downtown businessmen should be afforded the opportunity to participate also. City Manager Evans recommended approval of the request. He feels that this is an areawide activity of which the public is aware, and the merchants should be encouraged to participate. ,>r,:'j ,: ,. '-.) .... It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request, as submitted by the 1982 Bozeman Winter Carnival Committee, for permission to construct snow and ice sculptures by the downtown businessmen, to be dis- played on the sidewalks during the period February 1-7, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, I none. Report from Commissioners Mathre and Vant Hull - re final outline of agenda for first and second orientation sessions and draft outline of agenda for third and fourth orientation sessions City Manager Evans presented to the Commission the proposed agenda, with estimated time periods, for the orientation sessions to be held on January 23 and 30, 1982. Commissioner Vant Hull asked if a date should be set for the third orientation session. She also suggested that Low Income Housing be added to the list of topics for future orienta- tion sessions. The Commission mutually agreed to accept the outline for the orientation sessions as submitted and not to set a date for the third session at this time. Appointments Mayor Stiff stated that he will not make an appointment to the Library Board at this time. He noted that he will wait until after Ordinance No. 1094, changing the structure of I the Library Board, is in full force and effect before making this appointment. The Mayor then announced his appointments to the various boards and commissions as follows: Zoning Commission - Mrs. Robert (Lyn N.) Taylor - Mr. Theodore Edward Metzger City-County Planning Board - Steve Custer - Dennis E. Jordan Mayor Stiff then noted that a decision must be made on the termination date of the terms of each of these new appointments. The Commission unanimously agreed that the terms for all four new appointments should expire on December 31, 1983. Commissioner Mathre asked what wi II be done with all of the appl ications received. She also asked how long they will be kept. Mayor Stiff noted that the applications will be kept on file in the office of the Clerk of the City Commission and wi II be reviewed prior to any appointments or reappointments. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayorls appointments to the various boards, as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 261 Proclamation - Pi Week - January 24-30, 1982 Mayor Stiff proclaimed the week of January 24-30, 1982, as "Pi Week" in the City of Bozeman and urged all of the citizens of Bozeman to take an active part in supporting this worthy fund raising activity for the March of Dimes. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Com- missioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for renewal of Kennel license - Mrs. Ralph Kenck - 1317 West Alderson - Calendar Year 1982 City Manager Evans presented to the Commission an appl ication for renewal of a kennel license, along with the required fee, on behalf of Mrs. Ralph Kenck, 1317 West Alderson, for the Calendar Year 1982. The City Manager noted that this matter had been tabled for a period of one week at last week's meeting. Commissioner Vant Hull stated that she feels Mrs. Kenck should be watched on the renewal of this license. She also felt that, after speaking with Mrs. Kenck's neighbors, cer- tain conditions should be considered in the renewal of the kennel license, including (1) the dogs be taken to the cabin in the country during the summer time as much as possible; and (2) that Mrs. Kenck watch the dogs in the late evening and early morning and try to control their barking as much as possible. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a kennel license on behalf of Mrs. Ralph Kenck, 1317 West Alderson; and that the Staff be directed to send a letter to Mrs. Kenck, stating the concerns of the neighbors as presented to City Commission. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Raffle License - Bozeman Taekwondo Association - March 27, 1982 City Manager Evans presented to the Commission an application for a raffle license, along with the required fee, on behalf of the Bozeman Taekwondo Association for a raffle to be held on March 27, 1982. To be raffled are $100.00 in groceries from Buttrey's; $50.00 in gas from West Main Exxon; and three $15.00 movie gift books from T.O.I. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the appl ication for raffle on behalf of the Bozeman Taekwondo Association for a raffle to be held on March 27, 1982. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. ?f") ~' " File report ~ Bui Iding I nspection Department for December 1981 City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for December 1981 appeared to be in order and recommended that it be accepted and ordered fi led. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for the Building I nspection Department for December 1981 be accepted and I ordered fi led. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Adjournment - 6:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- jou rned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission I