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HomeMy WebLinkAbout1982-01-27 263 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 27, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, January 27,1982 at 1:15 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, 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 Weaver. The minutes of the regular meeting of January 20, 1982 were approved as corrected; and the Mayor noted that the minutes of the regular meeting of January 13, 1982 wi II be con- sidered at the meeting to be held on February 3, 1982. Mayor's Comments re Consent Items Mayor Stiff noted that this is the first meeting for which a list of Consent Items has been p repa red. He asked if any of the Commissioners desired to have any item removed from the Consent Items. The Mayor then requested that, in the future, if any Commissioner de- sires to have a consent item discussed, please contact the City Staff at some time prior to the City Commission meeting so that it may be removed from the Consent Items and placed at the I end of the agenda. Introduction of new members to the Zoning Commission and City-County Planning Board Mayor Stiff stated that the City Commission has made a change in the selection process for boards and commissions, which he feels is an improvement in the City government. He further noted that three of the new members on the Zoning Commission and City-County Planning Board are holding positions which were formerly held by City employees. He feels that this will provide for more public input into the processes of the City government. Mayor Stiff then introduced the new members to the Zoning Commission, Mrs. Robert (Lyn N.) Taylor and Mr. Theodore Edward Metzger; and the new members to the City-County Planning Board, Dr. Robert Hawks, Mr. Steve Custer and Mr. Oennis E. Jordan. The Mayor thanked them for being present at this City Commission meeting and for their wi lIingness to serve the City of Bozeman. Decision - Conditional Use Permit - Robert Braun - Change of Non-Conforming Use This was the time and place set for a decision on the request for a Conditional Use I Permit on behalf of Robert Braun to change a nonconforming use to another nonconforming 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 faci lity on the west side of South Third Avenue. At the present time, the property is zoned AS. The structure located on this site is presently being used for the restoration ? ('>1. ~'.' '" of old cars, and the land around the outside of the structure is being used for the storage of old parts and concrete septic tanks. The proposed activity would be a one-man potato pro- cessing plant within the structure, with no outside activity at this location. City Manager Evans stated that the Zoning Commission had recommended denial. The City Manager also stated that the application to the Zoning Commission had not included the consideration of an unattached outside cooler. The City Manager recommended denial of the I request. Commissioner Vant Hull stated that she had spoken with several of the people in the area. The neighbors close to the site tend to favor the requested change in nonconforming use, while those in the subdivision farther away tend to oppose the requested change. She suggested that the Commission might approve the nonconforming use, attaching the three con- ditions recommended by the Planning Staff and adding an additional condition that the outside cooler would not be allowed. Commissioner Mathre noted that she likes the idea of cleaning up the property. She also noted that the proposed use would be essentially an agricultural use, which the present use is not. She then asked if the proposed cooler would meet the zoning requirements in its placement on the property. Planning Director John Moss stated that there are no problems with setbacks for the location of this outside cooler. He did note, however, that this would be the expansion of a nonconforming use. Mr. Moss also stated that there is no procedure listed in the Zoning Code for the City Commission to follow in expanding a nonconforming use. I Commissioner Weaver noted that a defective appl ication was presented to the Zoning Commission, and a defective petition was forwarded to the City Commission. He further noted that the area in question is mainly residential and agricultural, which seems to suggest that the Master Plan did not anticipate the type of activity proposed. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission deny the request on behalf of Robert Braun for a Conditional Use Permit to change the nonconforming use on a tract of land located in the SE!, SW!, 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Mathre. Oecision - Conditional Use Permit - Ray Center, Survco - Warehouse in M-1- T -4 District This was the time and place set for a decision on the request for a Conditional Use Permit on behalf of Ray Center, Survco, Incorporated. The proposed site is a portion of I 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 Oistributing Warehouse in the Bridger Center Subdivision and just north of the Robinson property, which borders along Bridger Drive. 265 Assistant City Manager Barrick stated that he had researched the proposal after the public hearing held last week, and found that the parcel of land in question is totally land- locked, with no frontage on a publ ic or private road. He noted that access to the property is through a legal easement on file at the County on other private property. The Assistant City Manager recommended that, if the Commission approves the request, it place an addi- I tional condition on the approval, requiring that the applicant seek a variance before the Board of Adjustment to the requirement for frontage upon a public or private road. He further noted that, if the Board of Adjustment does not grant the request, the entire application would be denied. Commissioner Vant Hull noted that the proposed bui Iding would cover less than one- quarter of the square footage of the site, with most of the remainder of the parcel being a paved parking lot. She further noted that the east bank of the river is much higher than the west bank of the river, where the trai ler cou rt is located. She does not feel that the City should tamper with nature and allow the building of a parking lot so close to the river bank. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission deny the request on behalf of Ray Center, Survco, Incorporated, for a Conditional Use Permit to construct a warehouse on 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 Drive. The I motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Commissioner Anderson; those voting No being Commissioner Weaver and Mayor Stiff. Continued public hearing - B-3 Zone Code amendment - Zoning Commission - Listed Permitted and Conditional Uses This was the time and place for the continued 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. Mayor Stiff reopened the continued public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. He covered the pro- posed additional items to be listed as permitted uses in the B-3 Zone, which would include butcher shops (retail sales only); handicraft manufacturing (retai I sales only); health and exercises establishments; laundromats; publishing establishments; pre-school, not permitted; photo studios; retai Is sales, including but not limited to, clothing, hardware, furniture, I jewelry, food, pharmaceuticals, novelties and office suppl ies, but excluding heavy machinery. Deletions from the permitted uses section of Chapter 18.48 wou Id be muffler sales and service shops, which would then be listed as a conditional use in Section 18.72.150. Mr. Money noted that the proposed conditional uses would include: civic centers, service stations and auto service centers; car washes (hand operated); auto body shops; Planned Unit Develop- ') c~... :" . ~~~I~: "". i. ments; sign paint shops (not neon sign fabrication); and upholstery shops, including auto. The Assistant Planner noted that the Zoning Commission had recommended approval of this Zone Code Amendment. No one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. I Continued public hearing - B-2 Zone Code Amendment - Zoninq Commission Mini-Warehouses as Conditional Use This was the time and place set for the continued 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, Oistrict. Mayor Stiff reopened the continued publ ic hearing. Mr. John Moss, Planning Oirector, presented the Staff Report. He noted that mini- warehouses are rented to the public; and the Planning Staff feels that locational needs should be considered. Mr. Moss then noted the major differences between warehouses and mini- warehouses. The Planning Oirector stated that the Staff is aware of the appearance of mini- warehouses and had proposed that landscaping be used to make these buildings more attrac- tive in the B-2 Zone. Planning Director Moss stated that the Zoning Commission recommended denial of the I request. The Zoning Commission was also concerned about the appearance of the mini-ware- houses in a business district. The Zoning Commission also noted that mini-warehouses are a permitted use in the manufacturing districts; and it is not difficult to reach these areas from any place in Bozeman. No one was present to speak in support of or in opposition to the requested Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Authorization to Call for Bids - Renovation of Old Library for City office use - Open bids on February 17, 1982 City Manager Evans presented to the Commission a request for permission to Call for Bids for renovation of the Old Public Library for City office use. The City Manager noted that this matter had been before the previous City Commission; and they had authorized the City Staff to pursue this matter and engage an architect to draw plans for such a renovation. City Manager Evans stated that, when the renovation is completed, the Planning, Engineering and Building I nspection Departments wi II relocate their offices. I Mr. Bill Grabow, Architect for this project, stated that the Old Public Library building is eligible for historical designation. He noted that the proposed plans do not change the ex- terior of the building in any way and change the interior only to meet the needs and are in keeping with the present decor of the structure. Mr. Grabow noted that the plans will spend 267 the allocated monies as wisely as possible. He noted that, until the bids are opened, the plans cannot be totally prepared. Commissioner Anderson asked if the cost per square foot for renovation of the Old Public Library is a fair cost. City Manager Evans stated that the City Staff has researched several alternatives, in- I c1uding the leasing of commercial office space; putting a second story on the present City Hall; and renovation of the Old Public Library. The most cost efficient method would be the renovation of the Old Publ ic Library, which would cost $3.50 per square foot over a ten-year period. The City Manager further noted that the City had $117,000.00 from the Library Bond Issue after the construction of the New Public Library. The Attorney General ruled that the renovation of the Old Public Library and improvement of the New Public Library property were legitimate uses of these funds. Through investing these funds, the City has approxi- mately $130,000.00, of which $32,000.00 was used to move four of the Old City Shop buildings located on the New Public Library site. This leaves approximately $98,000.00 to be used for the renovation of the Old Publ ic Library. The City Manager noted that the estimated costs from the Architect show that the major costs involved include a new heating plant, updating of the mechanical, electrical and plumbing systems, energy conservation measures, and the installation of a handicapped access to the basement level. I Mayor Stiff noted that the area to be used for the proposed ramping to provide a handicapped access to the basement level is now being used for a storage room. He noted that the plan is not an elaborate or expensive approach to providing the handicapped access required to public buildings. He does feel, however, that the proposed ramp is adequate. Mr. Grabow noted that, with the general economy and the large number of contractors presently out of work, he is hoping to get some good bids. He proposes to spend what is necessary, but renovate the structure in such a way that the facility could be used for some other purpose at some time in the future. Mr. Grabow also noted that he does not wish to change the appearance of the structure. Commissioner Vant Hull noted that the City now seems to have more money available than was originally planned last Fall. She further noted that the Senior Center is also a City bui Iding, and they have requested the installation of an elevator. She suggested the possi- bility of earmarking some of these funds for the purpose of installing an elevator in the Senior Center. City Manager Evans noted that the figure of $85,000.00 was used last year as the residue from the amount the City had to work with. The City Manager further noted that the I Architect does not feel the renovation of the Old Public Library can be completed for that amount. City Manager Evans noted that construction costs have been increasing, and the es- timated cost of this project is now $97,000.00, including the Architect's fees. Mayor Stiff noted that the interest accrued should be as much a part of the funds as the original monies. He noted that all of the monies belong to the same fund. ')C'c ':'..) ".,'j Mr. Grabow noted that the cost of the mechanical system and heating plant is estimated at $50,000.00. After adding to this the costs of updating the electrical and plumbing systems, very little money is left for any additional frills. Commissioner Mathre asked if the Old Public Library has achieved historical desig- nation. She then asked if funds might be avai fable for renovation if it has achieved the historical designation and, if so, how the funds could be spent. I Mr. Grabow stated that he does not know if the building has been placed on the historical list yet, but noted that it should be eligible for such a standing. He noted that it might be possible to obtain funds for some maintenance work on the outside of the building. Mr. Grabow stated that the funds could be spent in any manner desired, depending upon how the appl ication is submitted. Commissioner Vant Hull stated she feels that the City should investigate the possibility of obtaining a grant, possibly to apply toward the new heating plant. Mr. Grabow noted that the first phase is to get the three City departments relocated to the Old Public Library. A grant, if the City is successful in obtaining one, could be used to renew the exterior of the building or in repayment for the funds spent during this renova- tion. Mr. Grabow feels that to attempt to obtain federal monies at this time would delay this project for quite some time. I t was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Call for Bids for the renovation of the Old Public Library for City office use, with the bid opening date set for February 17, 1982. The motion carried by the I 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. Commission Resolution No. 2392 - Intent to create SID No. 638 - sanitary sewer - East of Jordan's - Dan Henderson and Gary Cline - set hearing date for February 17, 1982 City Manager Evans presented Commission Resolution No. 2392, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2392 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 638 FOR THE PURPOSE OF CONSTRUCTION ANO INSTALLATION OF A SANITARY SEWER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES ANO MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER MAIN AND THE NECESSARY APPURTENANCES ON EAST MAIN STREET, IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER MAINS SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES, AND OTHER NECESSARY APPURTENANCES I THERETO. City Manager Evans noted that the area involved includes four lots. He also stated that neither of the parties has any delinquent Special Improvement District payments. The City Manager further noted that Special Improvement District No. 638 had previously been created, but due to an error in the Notice in Re, the City Attorney has recommended that the entire process be repeated. 268 I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2392, declaring it to be the intention to create Special Improvement Oistrict No. 638 for the installation of sanitary sewer to four lots located east of Jordan1s Restaurant on East Main Street, and set February 17,1982, as the date for the public hearing. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Mathre, Commissioner Weaver. Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2393 - Intent to create SID No. 639 - water, sanitary sewer and paving ~ roadway between Waddell's and Midland Trucking ( North rouse) - Joe and Dan Sebena - set hearing date for February 17, 1982 City Manager Evans presented Commission Resolution No. 2393, prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2393 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 639 FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF A WATERMAIN, SANITARY SEWER WYES ANO APPURTENANCES AND PAVING TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A SIX (6) INCH WATER MAIN AND APPURTENANCES TO PLATINUM STREET, FIFTEEN (15) SANITARY SEWER WYES IN THE SAME AREA, AND SERVICE STUBS TO THE PROPERTY LINES, AND PAVING WITH AN ASPHALT CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURBS AND GUTTERS AND NECESSARY APPURTENANCES, ALL IN THE CITY OF BOZEMAN, MONTANA. THE CONSTRUCTION AND INSTALLATION OF THE WATERMAIN, SANITARY I SEWER WYES AND PAVING TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, DUCTILE IRON WATERMAIN, VALVES, FITTINGS, HYDRANTS, SANITARY SEWER WYES, SERVICE LINE STUBS, PAVING WITH INTEGRAL CONCRETE CURBS AND GUTTERS, AND OTHER NECESSARY APPURTENANCES. City Manager Evans noted that twelve lots are involved in this proposed Special Im- provement Oistrict. The City Manager noted that this Special I mprovement District had also been created; however there was an error in the Notice in Re, and the City Attorney has suggested that the enti re process be repeated. The City Manager noted that, following the initial creation of this district, the petitioner had submitted a letter requesting that the bonds not be sold at the present time, but that the entire process be placed in a "hold" status. City Manager Evans recommended that the City Commission not proceed with the intention to create Special Improvement District No. 639 at the present time, but rather wait until the petitioner is ready to proceed with the improvements. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission disapprove Commission Resolution No. 2393, declaring the intention to create Special Improvement Ditrict No. 639 to install water main, sanitary sewer and paving along I Platinum Street in the Platinum Subdivision. 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. 'J"1 ,"" .~~,' ~ Commission Resolution No. 2394 - Intent to annex area along north Seventh Avenue from Griffin Drive to the railroad right-of-way City Manager Evans presented Commission Resolution No. 2394, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2394 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, ANO OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, KNOWN AS THE NORTH SEVENTH ANNEXATION, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTENO THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORA TE LIMITS THEREOF. City Manager Evans noted that he had received a telephone call on Tuesday from Mr. Joe Sabol, Attorney for the petitioner, requesting that this matter be withdrawn. The City Manager noted that a question has arisen regarding State-owned 'and involved in an annexa- tion which the Attorney for the petitioner and the City Attorney have been unable to answer. City Manager Evans recommended that the City Commission adopt Commission Resolution No. 2394, but not set the date for public hearing at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2394, declaring the intention to annex an area along North Seventh Avenue from Griffin Drive to the railroad right-of-way; and that the Staff be instructed to set the public hearing date after a decision has been rendered regarding the State-owned land involved in this proposed annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - Tewage Subdivision - proposed phased development City Manager Evans presented to the Commission a proposal on behalf of the developer of Tewage Subdivision, Mr. Gene Cook, for a phased development. The City Manager noted that this discussion is to determine the City Commission's desires on this proposal. Mr. Gene Cook stated that approximately one month ago, he spoke with the City Manager, City Engineer and Planning Director about his subdivision and about creating Special Improvement Districts in the future. Mr. Cook noted that he would like to develop part of the property this year, but not the entire fifteen-acre parcel at once. Mr. Cook noted that the cost of Special Improvement Oistricts on the entire parcel would be prohibitive. With the proposed completion of this development in three phases, it might be possible for the developer to install the improvements without the use of Special Improvement Districts. Mr. Ron Allen, also a developer in this subdivision, presented a proposed phased de- velopment map of Tewage Subdivision. He noted in what order the areas would be developed I and noted where the utility I ines would be placed. Mr. Allen also noted that the initial access would be from South Eleventh unti I the second phase is undertaken. Mr. Allen also noted the area provided for tree planting along Kagy Boulevard, as requested by the people living along Willow Way. 271 Commissioner Weaver asked what impact this development would have on the traffic on Kagy Boulevard and South Eleventh Avenue. Mr. Cook noted that this aspect had been debated quite strongly and at quite a length. Mr. Cook further noted that he purchased this land in 1977, at which time it was zoned R-4. He stated that approximately one and one-half years later, he decided to begin planning for I construction on this site. The original plan was for a Planned Unit Development. He noted an interest in finding one or two good contractors to place apartment buildings on these lots. Mr. John Moss, Planning Director, noted that development must be completed in two yea rs . I f the development is done in phases, there is no way that it can be completed within the two-year limit. Mr. Moss noted that the Preliminary Plat has been approved for the en- tire subdivision, and the State Statute establishes the two-year limit to complete the develop- men t. Mr. Moss also noted that a Preliminary Plat guarantees the subdivision and allows the developer to complete construction plans and provide financial guarantees for improvements, along with any other provisions which may be necessary. The purpose of this step in the development is to require approval by the City Commission in the event that changes are made. Commissioner Vant Hull asked what improvement, if any, will be made to Kagy Boule- vard where it borders this property. Mr. Cook stated that Kagy will be improved where it borders Tewage Subdivision. Mr. Ron Allen noted that Kagy is a dedicated 3D-foot right-of-way through this subdivision. I Mayor Stiff stated that he does not know who "Et. AI. II behind "Mr. Gene Cook" is. However, if anyone involved is in arrears in taxes, that should be a major consideration. The Mayor then asked if there were any delinquencies in taxes. Mr. Cook stated that he is in arrears on his Special I mprovement District taxes; however, he will try to bring them current just as soon as possible. City Attorney Planalp noted that the developer must provide financial guarantees for the improvements. He then noted that Mr. Cook would have to provide some type of financial guarantee to the City. Commissioner Weaver noted that two important changes have taken place within the community recently: (1) the policy of establishing Special Improvement Districts on raw land; and (2) the housing market in general. He then asked if the City Staff could prepare a recommendation on this proposed phased development. City Manager Evans stated that the City Staff could research the matter and prepare a recommendation for the City Commission. He noted that he would consult with Mr. Cook prior to submitting the recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission direct the City Staff to prepare a recommendation on the proposed phased develop- ment of Tewage Subdivision, to be submitted at the meeting to be held on February 22, 1982. 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. '1 "7 '-I . j.( Proposal by City Manager for procedure to be used in accounting for the Bozeman Centennial Trust Fund City Manager Evans presented his proposal for the procedure to be used in accounting for the Bozeman Centennial Trust Fund. He noted grave concerns about the City acting as the treasurer for any funds over which the City does not have control from the beginning to the end. He stated that the City could be placed in a position of having the ultimate I liability, and he does not want to accept that liability. The City Manager stated that he would rather have the Central Committee of the Bozeman Centennial Committee select their own Treasurer, establish their own accounting system and be responsible for paying the bi lis. City Manager Evans then noted that the City has $2,000.00 in the Bozeman Centennial Trust Fund. He suggested that these monies could be paid to the Centennial Committee by claim, stating what the money wi II be used for. Once this $2,000.00, plus any and all accrued interest is used, the City would no longer be financially involved in the Bozeman Centennial. The City Manager noted that this money is presently invested in Certificates of Deposit and in the Repurchase Agreement. Commissioner Weaver noted that this arrangement would bar the ability to use the Re- purchase Agreement for investment purposes for this money. Mayor Stiff stated that no payments will be made to third parties under this proposal. He stated that the funds can be transferred from the City to the Bozeman Centennial Com- mittee, and they can make the payments through their account. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission concur with the City Managerls recommendation that the City not become involved I with the financial aspects of the Bozeman Centennial Committee; but rather that the Central Committee appoint a Treasurer and establish an account; and that the City will pay, upon claim from the Bozeman Centennial Committee, the monies from the Bozeman Centennial Trust Fund until the $2,000.00 plus accrued interest is entirely expended. 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 a request on behalf of MSU Oly-Buff Days for permission to sell beer at the Gallatin County Fairgrounds on February 27, 1982. This request was tabled at last weekls meeting for a period of one week. The City Manager requested that the request be deferred for a period of one week for the Staff to obtain more information necessary prior to making a recommendation to the Commission. City Manager Evans stated that the City does have police power at the Gallatin County Fairgrounds, which I was one of the questions raised at the meeting held last week. The Mayor deferred the matter for a period of one week and directed the Staff to place the request on the agenda for next week1s meeting. 273 Recommendation from Library Board - use of $21,824.00 in funds received from the Gallatin County Commissioners City Manager Evans presented to the Commission the recommendation from the Library Board for use of the $21,824.00 in funds received from the Gallatin County Commissioners. The City Manager concurred in this recommendation, which includes: I Blinds for the staff lounge and work room $ 1,000.00 Two bins for picture books in the Children's Library 1 ,000.00 Two sand urns for the entrance way 53.00 Supplies 1 ,000.00 Bike rack 250.00 Books 1,500.00 Sub-total $ 4,803.00 Held in reserve for 1982-83 Library Budget $17,021.00 TOTAL $21,824.00 City Manager Evans stated that this money is the result of a taxation problem by the County. The money could have been refunded to the individual taxpayers upon application. Time for these applications has expired, and the County is now remitting the remainder to the City for Library purposes. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the recommendation from the Library Board for use of $21,824.00 in funds received from the Gallatin County Commissioners, and that the City Staff be instructed to administer these funds in the manner noted above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- I sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Recommendation by the City Manager for use of the Gallatin County Oetention Facility by the City of Bozeman City Manager Evans stated that Gallatin County has made an offer to the City of Bozeman for use of the Gallatin County Detention Facility. The City Manager noted that the City's detention facilities do not meet modern standards. This leaves the City open to lawsuits in the future. The City Manager noted that the Ag reement for the City's use of the Oetention Fad I ity can be effective tomorrow. He noted that the County has asked that the City Attorney draw up a Memorandum of Understanding for the Cityls use of these facilities. City Manager Evans then noted that the County's offer contains the following conditions: 1. Any prisoner under a State Code violation would be detained at no cost to the City. 2. Any prisoner under a City Ordinance violation would be detained at a cost to the City of $10.00 per day. 3. That the City accept medical expense liability through this budget year (a cost that the City incurs with its present facility). 4. Beginning July 1, 1982, the County will accept medical liability responsibility on any prisoner detained on a State Code violation. The I City will maintain medical liability responsibility on any prisoner detained on a City Ordinance violation. City Manager Evans stated that this offer is very fair. He noted that the taxpayers of the City are paying for the facilities at the Law and Justice Center and are being taxed by the County for law enforcement. ") ""'- , .! :/ i:.. City Manager Evans noted that the basement jail at the Police Department would be closed, and the holding tank upstairs would be used for holding prisoners until they are transferred to the County facility. The Bozeman Police Department and Gallatin County Sheriff's Department will establish a written policy for the booking of prisoners. At the present time, those persons arrested on DWI charges will be tested and booked at the Police Department as the County is attempting to get new breathalyzer equipment. The moving of I the City of Bozeman equipment could jeopardize the County's efforts. Commissioner Vant Hull asked what percentage of the prisoners are under State Code and under City Ordinance. Police Captain Harold Veltkamp stated that parking warrants are about the only thing that would fall under City Ordinance. The remainder of the violations are written under the State Code. City Manager Evans stated that the proposed use for the old City Jai I would be for storage of old records. He noted that State Law stipulates that documents must be retained for a long period of time, and this area would be ideal for such storage. Commissioner Mathre asked if the City Court should be close to where the prisoners are held. City Manager Evans noted that it would be desirable. However, this is a future item. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the City enter into an Agreement with Gallatin County, Montana, for the use of the Gallatin County Detention Facility, as per the above-enumerated conditions, effective January 28, I 1982, and that the City Attorney be instructed to prepare a Memorandum of Understanding. 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. ue of Cities and Towns Oistrict Meeting and Elected Officials Workshop - Monday, 198 - 9:30 a.m. to approximate y 3:30 p.m. City Manager Evans noted that the Montana League of Cities and Towns District Meeting and Elected Officials Workshop has been rescheduled for Monday, February 8, 1982. This meeting is to be held in the Commission Room in the City Hall in Bozeman, beginning at 9:30 a.m. and ending at approximately 3:30 p.m. City Manager Evans has requested that Mr. Don Peoples, Butte-Si Iver Bow Chief Executive, be asked to attend this meeting also. The City Manager noted that this meeting is open to the public. Information Item - Appointment of Assistant Chief of Police City Manager Evans stated that this morning he had announced the appointment of Mr. John Lawrence Smith to the position of Assistant Chief of Police. Mr. Smith has been with I the Bozeman Police Oepartment for over eleven years. The City Manager noted that the screening process was handled by a committee of four, comprised of the City Manager, 275 Assistant City Manager, Chief of Police and Director of Finance. City Manager Evans stated that he would like to introduce Mr. Smith to the City Commission at some time in the future. At the present time he is on night shift, so he was not asked to be present at this meeting. This appointment is considered a promotion, with an increase of $200.00 to his monthly salary. I The City Manager noted that hopefully this will strengthen and improve the City's Police Oepartment. Set dates for two more Orientation sessions Commissioner Mathre noted that she would like to complete the orientation sessions during February. She also stated that the Saturday morning format seems to be working well. Commissioner Vant Hull suggested scheduling these sessions for successive Saturdays, with the understanding that there may be times that not all of the Commissioners can be present. Commissioner Anderson stated that she feels all of the Commissioners should attend all of the sessions. The Commissioners decided to set the dates of February 6 and 20, 1982, for the next two orientation sessions. Commissioner Weaver stated that he would be unable to attend a meeting on February 6. I The Commission then reset the date for the next orientation session for Februa ry 20, 1982. Ordinance No. 1094 - Amending Section 2.08.200 - redefining of the composition of Board of Trustees of the Public library City Manager Evans presented Ordinance No. 1094, as prepared by the City Attorney, entitled: ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 2.08.200 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE RE- DEFINING OF THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE PUBLIC LIBRARY OF THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1094, amending Section 2.08.200 of the Bozeman Municipal Code, redefining the composition of Board of Trustees of the Public Library. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I 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: ,., -:!' ,... \; ,..-; : - ,: \.; 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2389, establishing policy regarding the creation of Special Improvement Districts. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Commission Resolution No. 2390 - Accelerating SID delinquent 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 ANO ESTABLISHING A PROCEDURE FOR GRANTING SUCH EXCEPTIONS. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2390, establishing a policy for the acceleration of subsequent installments of special assessments when one special assessment becomes delinquent; providing for exceptions thereto and establishing a procedure for granting such exceptions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Acknowledge receipt to Legal Defense Fund - $100.00 from Church of God City Manager Evans presented to the Commission a contribution to the Legal Defense Fund from the Church of God in the amount of $100.00. The City Manager noted that this contribution is a result of the litigation in which the City was involved regarding the suspen- sion of the City license for Ms. Kitty's. He noted that other contributions have been re- ceived for this fund. I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge receipt of the $100.00 contribution to the Legal Defense Fund from the Church of God and that they be thanked for this contribution. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Change Order No. 1 - Battered Women's Network Shelter - Add I $350.00 City Manager Evans presented to the Commission Change Order No. 1 for the Battered Women1s Network Shelter, to add the amount of $350.00, to be funded by CDBG monies. 277 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign Change Order No. 1 for the Battered Women's Network Shelter, to add the amount of $350.00. The motion carried by the following Aye and No, vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I Authorize Mayor to sign - Chanqe Order No. 2 - Battered Women's Network Shelter - Add $44.00 City Manger Evans presented to the Commission Change Order No. 2 for the Battered Women's Network Shelter, to add the amount of $44.00, to be funded by CDBG monies. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign Change Order No. 2 for the Battered Women's Network Shelter, to add the amount of $44.00. 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. Authorize Mayor to sign - Change Order No. 3 - Battered Women's Network Shelter - Add $314.00 City Manager Evans presented to the Commission Change Order No. 3 for the Battered Women's Network Shelter, to add the amount of $314.00, to be funded by CDBG monies. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission authorize the Mayor to sign Change Order No. 3 for the Battered Women IS Network Shelter, to add the amount of $314.00. 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. Authorize Mayor to sign - Change Order No. 1 - Reach, Inc. - Add $238.48 ~ City Manager Evans presented to the Commission Change Order No.1 for Reach, Inc., to add the amount of $238.48, to be funded by CDBG monies. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign Change Order No. 1 for Reach, Inc., to add the amount of $238.48. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Grant Amendment for Phase II, WWTP - I-P Beds City Manager Evans presented to the Commission a Grant Amendment for Phase II of I the Waste Water Treatment Plant for the installation of infiltration-percolation beds, in the amount of $2, 138,889.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign Grant Amendment for Phase II of the Waste Water Treatment Plant for infiltration-percolation beds, in the amount of $2,138,889.00. The motion ,..,-" . .. \.. ,::", j :_0"] 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. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP - $233,855.00 City Manager Evans presented to the Commission a Request for Reimbursement from I EPA for the Waste Water Treatment Plant in the amount of $233,855.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Waste Water Treatment Plant in the amount of $233,855.00. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the claims be approved as submitted. 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 Proclamation - Big Brothers and Sisters Appreciation Week - Februa ry 14-20, 1982 Mayor Stiff proclaimed the week of February 14-20, 1982, as "Big Brothers and Sisters Appreciation Week" in the City of Bozeman and encouraged community support of this worth- while organization. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission concur in the Mayor's proclamation. 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. Acknowledge report - Captain Dan Figgins - Attendance at National Fire Academy - Emmitsburg, Maryland - January 5-15, 1982 City Manager Evans presented to the Commission the report submitted by Captain Dan Figgins on his attendance at the Hazardous Material I Course at the National Fire Academy in Emmitsburg, Maryland, on January 5-15, 1982. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the report from Captain Dan Figgins on his attendance at the Hazardous I Material I Course at the National Fire Academy in Emmitsburg, Maryland, on January 5-15, 1982. 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. 2.79 Acknowledge report - Broad Valleys Federation of Libraries for December 1981 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for December 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the report of the B road Valleys Federation of Libraries for I December 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 Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Adjournment - 4:00 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 adjou 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: I ROBIN L. SULLIVAN Clerk of the Commission I