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HomeMy WebLinkAbout1981-05-13 3~4 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 13, 1981 *************************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 13, 1981, at 1: 15 p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick, Acting City Attorney Lineberger and the Interim Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner S tif f. The minutes of the meeting of May 6, 1981, were approved as submitted. Open Bids - Sanitary Sewer Improvements This was the time and place set for opening bids for the construction of Sanitary Sewer Improvements for the City of Bozeman. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be opened and read. The motion was carried by the following Aye and No vote: those I voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre and Mayor MacNab; those voting No, none. The following bids were then opened and read: SCHEDULE II SCHEDULE III SCHED ULE II & III Engineer's Estimate 107,782.00 112,475.00 Barnard, Bozeman 116,343.00 Bezanson, Helena 192,250.00 147,320.00 338,570.00 - 5% or less 16,928.50 Johnston Excavating, Bozeman 68,696.50 Lloyd Lockrem, Inc., Billings 100,100.22 122,853.86 Underground Excavating, Bozeman 72,465.00 109,081. 00 White & McNeil, Bozeman 78,777.20 83,373.00 Will not accept II wi thout III Williams Brothers, Lewistown 179,404.00 147,335.00 Total less 20,000.00 It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be referred to the City staff and consulting engineers for a recommendation to be made on May 20, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I Jim Cummings, consulting engineer with Thomas, Dean and Hoskins, requested a meeting with the three low bidders immediately following the bid opening. Open Bids - Waste Water Treatment Plant This was the time and place set for opening bids for the construction of Waste Water Treatment Plant Improvements, Phase 1, for the City of Bozeman. H45 The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids be opened and read. The motion was carried by the folbwing Aye and No vote: those voting A ye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner I Stiff and Mayor MacNab; those voting No, none. The following bids were then opened and read: Bid Item No. 1 Bid Item No. 2 Total Base Bid Engineer's Estimate $4,300,000.00 Acton, Hugo, Minnesota Edsall Construction, Bozeman $4,689,300.00 $170,700.00 4,860,000.00 Martel Construction, Bozeman 4,995,000.00 84,000.00 5,079,000.00 Morgan & Oswood, Great Falls Sletten Construction, Great Falls 5,650,000.00 159,000.00 5,809,000.00 Jim Cummings, consulting engineer with Thomas, Dean and Hoskins, stated that there was an irregularity in the bid from Acton Construction, Hugo, Minnesota, in that his bid stated that the Montana Contractor's License Number would be obtained before construction. Acting Attorney Lineberger stated that the Commission has the authority to deny the opening of a bid on the basis of this irregularity. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission not open and read the bid submitted by Acton Construction, Hugo, Minnesota. The motion was carried by the following Aye and No vote: those voting Aye being Commis- I sioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Jim Cummings, consulting engineer with Thomas, Dean and Hoskins, stated that the bid submitted by Morgan and Oswood, Great Falls, was irregular in that the bid form was not to be removed from the total bid document. Acting Attorney Lineberger stated that the Commission has the authority to deny the opening of a bid on this irregularity. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission not open and read the bid submitted by Morgan and Oswood, Great Falls. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the bids be referred to the City staff and consutling engineers for a recommendation to be made on May 20, 1981. The motion was carried by the folbwing Aye and No vote: those voting Aye I being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Jim Cummings, consulting engineer with Thomas, Dean and Hoskins, requested a meeting with the three bidders immediately following the bid opening to discuss their equip- ment and minority hirings. Folbwing the meetings Mr. Cummings had with the bidders, he returned before the Commission. He stated that the paragraph which usually appears in all bid documents re- 346 quiring that the entire bid document be returned was omitted from this set of bid documents. He requested that the Commission reconsider their previous motion and possible acceptance of the bid of Morgan and Oswood, Great Falls. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission reconsider the previous motion to omit the reading of the bid submitted by I Morgan and Oswood, Great Falls, due to an irregularity. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Ma thre, Commissioner Vollmer, and Commissioner Stiff; those voting No, none. It was then moved by Commissioner Mathre, seconded by Commissioner Stiff, that the bid be opened and read. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson and Com- missioner Vollmer. The following bid was then opened and read: Bid Item No. 1 Bid Item No. 2 Total Base Bid Morgan & Oswood, Grea t Falls $5,632,600.00 $133,600.00 $5,766,200.00 Proposed Obscenity Ordinance Mayor MacNab opened the discussion of the proposed obscenity ordinance with the statement that the discussion should be only toward a future ordinance. He stated that the City of Bozeman has been served with papers in Federal Court and that any discussion I regarding the licensing of the adult book store or the individual involved would not be allowed. because of the possibility of jeopardizing the issue in Court. The Mayor also stated that he had heard that the Federal Court had found against the City of Bozeman and imposed a restraining order. Mike Coil, attorney for the Bozeman Citizens for Decency, first welcomed Commissioner Vollmer back after his surgery, and secondly thanked the two Commissioners who had voted in their behalf at the meeting on May 6, 1981. Mike Coil then submitted to the Commission additional petitions, which contained 851 signatures, to be added to the petitions submitted at last week's meeting. He stated that this shows broad community support for the adoption of an obscenity ordinance. Mr. Coil also distributed to the Commission copies of a new draft of the proposed ordinance. Mr. Coil stated that he wished to present to the Commission the problems of youth and statistics on the pornography issue in the meeting. He stated that this would show the need for the community to have a standard for obscenity control. He once again stated I that State Law allows cities and counties to adopt obscenity ordinances stricter than the State Law. He stated that the State Law applies only to the sale of obscene information to minors, while the proposed ordinance would apply to everyone. Mike Coil then gave a copy of the Texas statute to Acting Attorney Lineberger to be considered along with the proposed ordinance. He stated that the proposed ordinance de- fines obscenity and the offense of obscenity. He also stated that anyone possessing more R41 than six obscene items would be considered a distributor of such material, and penalties listed for such an offense. Steve Quayle, 11 East Main, presented various studies and statistics regarding porno- graphy and deviate behavior from various publications. The largest amount of material I covered involved youth. He stated that pornography and sexual abuse and exploitation of youth have long-term effects on the youth. He also quoted Mark Twain when he stated that "he was thankful for three things in America: the freedom of speech, the freedom of the press, and the freedom to know not to push it to the end." Mike Meagher, 1763 Moffitt Gulch, Principal at Longfellow School, presented the view- point of one who is dealing with children from the ages 5 through 9. He stated that there is no way to keep pornographic literature from the children if it is alhwed. He also stated that the he has two to five reports of attempted molestation each year. He stated that the children know that something is wrong, but they don't understand it or know exactly what is wrong. He stated that there is unity in the community on this matter and that they will back the Commission, even in a lawsuit. Mayor MacNab stated that this is not a matter of trying to convince anyone that the problem exists; it is rather all joining together to solve the problem. Lou Gappmayer, 1416 South Montana, from the High School, stated that the thing that youth want most in life is to become adults. He stated that the adults need to provide I good role models for the youth of the community. He also stated that all find security in guidelines and rules--not just youth. Mike Coil stated that he would be willing to work with the City staff regarding the ordinance. He stated that it would be refreshing to hear people in Montana make the state- ment that we had succeeded in limiting obscenity. He stated that it would take some time to get an ordinance drafted which would stand up in Court. A t this time it would be better to wait and have a good ordinance than to simply get an ordinance on the books which may not be what is needed. Lou Engel, First Baptist Church, 1211 Holly Drive, stated that the draft ordinance is not ambiguous, and the courts would uphold what the Commission has done. He requested that the Commission move ahead with all prudent haste. Jay Wilson, Evangelist from Bozeman Christian Church, stated that the Commission needs to establish a standard of what is obscene and what is not obscene. He also stated that ob- scenity will always be a religious issue. Scott Moore, MSU student, stated that the problem of child abuse is with the judicial system. He also stated that people will have warped minds whether the adult book store is I in town or not. Rev. Fritz Keiper, Kirkwood Baptist Church, stated that he appreciates the Commis- sion's decision and their support. He requested that the Commission not look at it as a religious issue, but as a social issue. Jean Schmidt, 302 South Willson, stated that she has more to lose from this store than any of the previous speakers, because she is a woman. She stated that she does not like the book store, but she also does not like the ordinance. She stated that it is like going 348 after a butterfly with a Howitzer. She stated that there is already a law on the books that is adequate. She stated that the way the draft ordinance is written, it would close down every book store and library in Bozeman. She also stated that we would have to glue some of the pages in the Bible together because they are pretty graphic. Winifred Lovelace, 210 Security Bank Building, stated that the downtown businessmen I have put a lot of years and money into improving Main Street to keep it going. She stated that the corner of Main and Willson is fairly decent now. She stated that the corner has been bad on weekend mornings because of all the broken beer bottles and the chance that you might slip on something. She stated her concern that after the adult book store, there would be a massage parlor, and what next. Bonnie Thornton, 522 South Third, stated that she is a concerned mother of four. She stated that she now feels free to allow her children to attend a show downtown on their own, but would not if the adult book store is established. Bill Stockton, MSU student, stated that he doesn't agree with censorship. He would not like to see the Commission pass the ordinance for a special interest group. He recom- mended that it be presented as a referendum to the people. Glen Thornton, 522 South Third, stated that he is a truck driver and sees a lot of the larger cities with adult book stores. He stated that all businesses in the areas of these stores are boarded and locked at night. Les Childers, 1222!- South Willson, stated that all people have the right to do and I see what they are willing to see. He stated that people have the right to their own points of view. He has not been convinced that there is a need for the proposed obscenity or- dinance. Jim Melville, 1815 Bridger, stated that the community goes beyond the city limits. He stated that the Commission has to think about the rights of the majority. He stated that the real question is the rights of a small group of people who wish access together with the rights of a person to profit from depravity versus standards of the other people in the community. He stated that an adult book store would degrade the part of town in which it is located, and we have only one part of town. Sue Karsky, 8484 Pine Butte Road, stated that she would encourage the passage of an obscenity ordinance that was strong enough to be upheld. Bob Davies, Covered Wagon Mobile Home Court, stated that he felt that Jean Schmidt had made a valid point. He stated that many business people don't realize what is in some of the material that they sell. He suggested that a committee be formed to help business people clean up what they are selling. He stated that this is a result of taking God out of the school system. He stated that it is a battle between the Christian religion and the Human- I istic religion. He also stated that the Supreme Court has ruled this is a Christian nation. Jack Jennings, campus minister, 1002 South Third, apologized to the three who had spoken in opposition for the speakers who were against them. He stated that the Supreme Court has not upheld this as a Christian nation. He also opposes the book store. He hopes that the Commission can pass an effective ordinance. ;r19 Michael Nelson, 614 West Dickerson, stated that he would like to see it closed by lack of business. He urged the Commission to watch the language in the proposed ordinance care- fully so that it does not become too restrictive and censor books. Rick Sorum, 1460 Bear Canyon, stated that he is involved in several business in the I downtown area. He stated that several business men were concerned, but they have been unable to get into the building. He recommended that the Commission hold a special evening meeting in a larger room to accommodate those concerned and interested in voicing their opinions. Judy Hammond, 715 South 7th, a businesswoman, stated that she is proud of Bozeman and would like to see it kept the way it is. Judy Kelly, 1519 Bluebird Lane, stated that the people of this town look to the Com- mission to protect the moral fiber of the community. She encouraged passage of an ordinance to protect the moral fiber as the people wish it to be. Rev. Fritz Keiper, Kirkwood Baptist Church, stated that censorship is not all bad. He stated that driving 100 miles per hour on campus would be right for the individual doing it but would be hazardous to others. Mayor MacNab instructed the Legal Department to work with Mike Coil in getting the ordinance to a point that would be workable. He requested that the proposed ordinance be marked nDraft" and stated that it would be made available at City Hall for those interested in obtaining a copy. He also mentioned that the possibility of the proposed obscenity or- I dinance being placed on the primary ballot in September. Mayor MacNab closed the discussion and thanked all those present. Proclamation - nDriving and Drinking Awareness Week" Mayor MacNab read a proclamation proclaiming May 18 - 25, 1981 as "Driving and Drinking Awareness Week" in the City of Bozeman and urged every citizen to be especially careful this coming Memorial Day Weekend Holiday so as not to become a death or injury statistic . It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation. The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Letter of Resignation - Commissioner Vollmer - from Planning Board Mayor MacNab stated that he has received a letter of resignation from Commissioner I Vollmer for his position on the Planning Board. He stated that Commissioner Vollmer cited his health problems as the reason for the request. The Mayor then asked Commissioner Swanson if he would consider being reappointed to the Planning Board to fill the vacancy. Commissioner Swanson stated that he would consider the reappointment to the Planning Board. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission reappoint Keith Swanson to the Planning Board. The motion was carried by the --~. 350 following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Commissioner Swanson abstained. Decision - Gordon Hudson - request for partial refund of $475.00 fee I Interim City Manager Evans stated that Gordon Hudson has requested a partial refund of the $475.00 fee paid for a zone map change from PLI to AS on approximately 194 acres lo- cated in Story Hills. He stated that Mr. Rick Mayfield, Gordon Hudson's representative, had called and requested that the matter be tabled. Mayor MacNab continued the decision on Gordon Hudson's request for a partial refund of the $475.00 fee for a period of one week. Public Hearing - Westside Investments - Conditional Use Permit This was the time and place set for the public hearing on the request of Westside Investments for a conditional use permit which, if approved, would allow construction of a building to contain retail clothing, retail appliances, or other permitted use in a B-2 zone on Tract B, Certificate of Survey No. 178A, located between Brown Brothers Hardware Store and First Citizen's Bank at 2740 West Main Street. The site is undeveloped and is currently zoned B-2-T (Transitional) which calls for a Conditional Use Permit. The property is approximately 74,656 square feet (1.714 acres) in size. Mayor MacNab declared the public hearing open. I Maurice Klabunde, representative of Westside Investments, mentioned that an architect is working on new plans for all of the parking area as required for each building. He stated that the concept looks fine, but he will bring the new drawings in for inspection by the Planning Department. He stated that the new plans make better utilization of the ground. Mr. Klabunde stated that the problem of congestion on West Main would be partially alleviated by plans to realign the access so that it is directly across from the east entrance to the Main MaU. The Planning Staff has recommended approval subject to conditions listed below. No one was present to oppose the request. The Mayor declared the public hearing closed. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission waive the customary one-week interval before the decision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. I It was then moved by Commissioner Stiff, seconded by Commissioner Swanson, that the request for a Conditional Use Permit by Westside Investments for property located at 2740 West Main Street be approved, subject to the following conditions: l. The drainage pattern and topographic features of the site need to be shown. This is called for due to the extensive grade change created by the adjacent bank's construction. R5l' 2. The site plans raise questions as to how the proposed twenty-two (22) parking space lot relates to the hardware and radio store both geographically and functionally. Our calculations find that the required number of parking spaces could range from 22 to 30 spaces, depending on the type of retail store activity. Finally, until the parking ht questions are resolved, landscaping requirements and design remain open to be resolved. I 3. The square footage of the structure will require only one loading space. A review of the west side loading area finds that it is not functional due to limited mane- uvering area. Also, the angled parking design along the west side is prohibited when one common ingress/egress is used, as well as the proposed aisle width does not meet zoning code standards. 4. The proposed sign areas are not compatible with previously reviewed project's signs along West Main Street. After review of the previously reviewed project's sign requirements, the Planning Staff suggests the folbwing sign guidelines: a. The three (3) major sign areas along the west, north and east sides each be limi ted to a sign area of one hundred and fifty (150) feet. b. The individual store signs along the south side will have a maximum height of two (2) feet and a maximum length of fifty percent (50%) of the individual store's width. c. All signs shall be individual letter type. d. No exposed lamps, tubing or raceways. e. No audible, flashing, moving, or animated signs. f. No projections above or below the sign limits will be permitted. g. If illuminated, signs will be internally illuminated with no external lighting apparatus. h. No signs perpendicular to the face of the building or store front will be permitted. 5. Due to more than fifteen (15) parking spaces required by this project, the landscape plans will need to be certified to by a licensed architect, landscape architect or nursery man. 6. A thirty (30) foot utility easement exists along U.S. 19l. This needs to be confirmed and may require slight relocation of the structure. 7. Need for cross-sections for wheelstops, curbing, paving and sidewalks indicating materials and dimensions. Also, clearly indicate location of curbing on the site plan. I Six (6) inch high curbing in conjunction with wheelstops will be adequate as land- scape protective devices. 8. Dimension height of garbage enclosure as well as indicate materials used. Clarify type of materials used for structure. Suppliers codes are not clear. 9. Dimension structures perimeter and indicate number of individual commercial units proposed. 10. Specify type of grass and revise mature height of Blue Spruce in landscape legend. 11. Three (3) copies of a final site plan containing all conditions, corrections and modifica- tions recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one ( 1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 12. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 13. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for re- newal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Condi tional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. Mayor MacNab Excused I Mayor MacNab requested to be excused in compliance with Section 7-3-4349, M. C . A . He appointed Commissioner Vollmer as Mayor Protempore for the remainder of the Commission meeting. Public Hearing - Team Development - Conditional Use Permit (Townhouse PUD) This was the time and place set for the public hearing on the request of Team Develop- ment for a Conditional Use Permit which, if approved, would allow a 19-unit Townhouse Planned 352 Unit Development on Lots 1 - 5 and open space of Block 1 in the Rea Subdivision, 1st Filing. The site area is approximately 66,000 square feet (1. 52 acres) and is more commonly located north of Chestnut Avenue, east of Gooch Hill Road and south of King Arthur Trailer Court. The site is currently zoned R-3 Residential Medium Density. Commissioner Vollmer declared the public hearing open. I The Planning Staff has recommended approval subject to conditions listed below. Also, the Zoning Commission approved the request. Bing Mazanec, architect, stated that the conditions set by the Planning Staff have been taken care of. He stated that they are now working with the Farmer's Canal Company on Item No. 5. No one was present to oppose the request, and Commissioner Vollmer declared the public hearing closed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval before the decision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Ma thre, and Commissioner Vollmer; those votin g No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the request for a Conditional Use Permit by Team Development by approved, subject to the condi tions listed below: 1. The applicant needs to submit homeowner association documents per zoning code require- I ments. The documents need to, among other required items, address maintenance responsibility for water and sanitary sewer lines located in the individual bts' utility easements. The utility easements referred to here are for those lines located under the parking spaces. 2. The applicant should note that the sanitary sewer and water line plans and specifica- tions are to be reviewed and approved by the Department of Health and Environmental Sciences per Certificate of Subdivision Plat Approval No. 16-78-L4-26 (dated April 20, 1978) . 3. Easements for existing and proposed utility lines need to be added to the plans. Confer with utility companies if any additional easements will be needed to provide individual lot services. 4. Preliminary review comments from utility companies indicate that the proposed location of the caragana hedge, ground equipment storage building and refuse collection will interfere with existing underground lines. The applicant should relocate said struct- ures and plants accordingly. 5. Due to the alteration of an existing drainage pattern within the drainage easement, the County Surveyor's office should review information illustrating how the proposed alterations will accommodate the drainage's flow requirements. 6. To provide pedestrian access and useable open space, it is suggested that the drainage ditch north of and adjacent to the middle three units be placed in an underground culvert. The culvert should extend approximately ten (10) feet beyond the townhouse lot lines. 7. The elevation sketches need to indicate the proposed height of the units. The Zoning Commission may also wish to request the color patterns anticipated. I 8. Provide dimensioned cross-section of curbs, paving and sidewalks. Minimum curb height is six (6) inches. 9. Flood lights for the project's sign can be screened by a slight modification of proposed landscaping plan adjacent to sign. 10. The Rae Volunteer Fire Company should be contacted regarding provisions to insure perpetual fire coverage. H53 11. The existing legal description should be on the plans as well as proposed lot number- in g sequence. 12. An elevation sketch of the grounds equipment storage building is needed. 13. Specifications for the proposed pole and flood lights need to be submitted. I 14. Complete on the site plan or on a separate sheet the area and percentage of items called for in the Use Allocation and Density Distribution Table found in the Planned Unit Development section. 15. Three (3) copies of a final site plan containing all conditions, corrections and modifi- cations recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. 16. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final plan. 17. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. Public Hearing - Planning Staff - Zone Code Amendment - Chapter 18.72.150; 18.45.020; 18.51.020; 18.57.020; 18.06; and 18.69.230 as they relate definition, listing as permitted and conditional uses and supplementary requirements, for Public Utility facilities This was the time and place set for the public hearing on a request from the Planning Staff for a change to Chapters 18.72.150; 18.45.020; 18.51. 020; 18.57.020; 18.06, and 18.69.230 as they relate to definition, listing as permitted and conditional uses and supplementary I requirements, for Public Utility facilities to make adequate provision in the Code for these necessary support facilities. Commissioner Vollmer opened the public hearing. The Planning Director stated there was nothing to add to the report and there was no one present to protest the request. Commissioner Vollmer declared the public hearing closed. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval before the decision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner MacNab; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the Zone Code Amendment to Chapter 18.72.150; 18.45.020; 18.51.020; 18.57.020; 18.06; and 18.69.230. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commis- I sioner Stiff, and Commissioner Vollmer; those voting No, none. Discussion City Court days of Operation Interim City Manager Evans brought the request of the City Court Judge to hold Court four days a week instead of five days a week before the Commission for further discussion. Court Judge Mark Bryan was present. He stated that the relationship between the City Court and the City Commission is established by State Code. He also stated that the 354 current ordinance does not meet State Code and recommended revision of the ordinance. He also stated that he interprets the term "open" in the State Code as the Clerk of the Court being present. Commissioner Stiff stated that the City Attorney feels that the Court has to be open every day, but that there was a question about whether or not the Judge has to be present. I City Court Judge Bryan stated that he doesn't believe the Commission has the power to set the hours of the Court. He stated that the Judicial branch is separate from the Legis- lative branch. City Court Judge Bryan stated that he plans to eliminate Fridays from his schedule as it is the day when the least amount of people show up for Court. He further stated that he plans to begin Court at 8:00 a.m. rather than 8:30 a.m. This would allow people to go to Court and get to work earlier. City Court Judge Bryan stated that the City Attorney is the only one who questions whether or not the Judge needs to be present on all Court days. He stated that he has conferred with other judges and attorneys, and all concur that the Court needs only be open for business, but the Judge need not be present. City Court Judge Bryan also stated that he plans to set aside one day a week for trials. He stated that trials may also be scheduled after arraignments on certain days. He stated that jury trials will be held on Thursdays only because of available space. Captain Dick Boyer, Police Department, stated that it is hard enough for the Police I Officers at the present time to be scheduled for Court appearances. He stated that all of- ficers have a permanent three days off, and question how they can have days off when they are scheduled to appear in Court on their schedules days off almost every week. He stated that he agrees with the need to consider the convenience of the public, but the convenience of the City employee should also be considered. Interim City Manager Evans stated that the Library Board has not offered use of the Old Library building to any of the other City departments and recognizes that available space is a problem in this building. Commissioner Vollmer concurred in the recommendation of the Interim City Manager that the matter be brought back before the Commission in one week for a legal opinion and possible decision. Discussion - Criteria for Industrial Revenue Development Bonds - Montana Farm Bureau Interim City Manager Evans stated that the Staff had been requested to reasearch files and find any information regarding Industrial Revenue Development Bonds. He presented to the City Commission a copy of the information which the Staff had found. I The headquarters office of the Montana Farm Bureau Federation has requested con- sideration of Industrial Revenue Development bonds. The proposed request would include a building which would have a large portion rented out at the present time. Factors to be considered on this request would include added tax base and the possibility of added payroll for the community. H55 Interim City Manager Evans stated that the City needs to get some facts and figures from Mr. Brown of the Montana Farm Bureau Federation without a great deal of expense and time to his company and return the information to the Commission. The Commission requested the Interim City Manager to contact its financial consultant, I Boettcher and Company, about the effects of issuing such bonds on the City's overall bond rating. Commission Resolution No. 2326 - Intent to Create SID 636 (1) One Block Peach Street Commission Resolution No. 2327 - Intent to Create SID 636 (2) Two Blocks Peach Street Interim City Manager Evans stated that the City Attorney has prepared two resolutions of intention to create a Special Improvement District for the purpose of paving one or two blocks of Peach Street. The City Engineer stated that he would meet with the property owners involved in the block between Church and Wallace to see if he could get a voluntary cooperation on the matter. He also stated that the Milwaukee Railroad tracks between Church and Wallace have been re- moved from the right-of-way. Interim City Manager Evans recommended passage of the two resolutions of intention to create a Special Improvement District to pave Peach Street. He also recommended sending a letter with the Notice in Re to the property owners explaining the alternatives. Commission Resolution No. 2326 - Intent to Create SID 636 (1) - Paving one (1) I block Peach Street as prepared by the City Attorney was presented, entitled: COMMISSION RESOLUTION NO. 2326 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT AN A, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONT AN A, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 636(1) FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPH ALTIC CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON PEACH STREET BETWEEN ROUSE A VENUE AND CH URCH A VENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that Commis- sion Resolution No. 2326, intent to create Special Improvement District No. 636(1), be passed and adopted. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. COMMISSION RESOLUTION NO. 2327 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, MONT AN A, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 636(2) FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC I CONCRETE CURB AND GUTTER, AND NECESSARY APPURTENANCES THERETO: ALSO APPURTENANCES NECESSARY TO STORM DRAINAGE ON PEACH STREET BETWEEN ROUSE A VENUE AND WALLACE A VENUE IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Resolution No. 2327, intent to create Special Improvement District No. 636(2), be passed and adopted. The motion was carried by the following Aye and No vote: those voting A ye being Commissioner Stiff, Commissioner Swanson, Commissioner Ma thre, and Commissioner Vollmer; those voting No, none. - 356" Change Order No. 2 - SID Nos. 623 and 624 - Valley Unit No. 1 Change Order No. 2 as prepared by Thomas, Dean & Hoskins to become a part of the original contract for the general construction of SID Nos. 623 and 624 - Valley Unit I - in the amount of $1,950.00 was presented. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that I Change Order No. 2 be accepted and the Mayor and Clerk of the Commission be authorized and directed to sign for the City. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer; those voting No, none. Continued Public Hearinf - County Commission-City Commission Master Plan Amendment continued to May 20, 19 1 Interim City Manager Evans stated that this was originally the time and place set for a continued joint public hearing between the County and the City Commission for the purpose of discussing the proposed Master Plan Amendment. He stated that he had contacted the County Commission, and the Chairman of the County Commission also expressed a desire to continue the hearing until May 20. The Joint Public Hearing between the County Commission and the City Commission for the purpose of discussing the proposed Master Plan Amendment is to be continued for a period of one week due to the lengthy discussions on other matters presented to the Commission at this meeting. I Request to extend eviction notice to June 30 - Old Sewage Plant house Interim City Manager Evans read a letter from the tenants of the Old Sewage Plant house, requesting an extension of the eviction notice until June 30, 1981. He recommended that the request for an extension be denied since the residence stands directly in the path where the buildings from the new Library site are to be moved. As soon as the bids for such moving are awarded, work will begin on the site. An extension of the eviction notice would put the project behind about a month and a half. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the City deny the tenants of the residence an extension of the eviction notice. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. Authorize transfer of funds - from "Elections" to "Parks and Playgrounds - $3,850.00 and authorIze payment to HUD I Interim City Manager Evans presented a proposal to transfer the sum of $3,850.00 from the budget unit "Elections" to the "Parks and Playgrounds" and authorize transfer by journal voucher to the H. U. D. fund to the Commission. New lights were purchased and installed in the baseball playing field at the new Recreation Complex. Authorization by H. U. D. permitted costs only for removal of the North Grand lights, and not for expenses incurred to purchase or reinstall new lights. !l57 The 1979 Block Grant Program is to be reimbursed in the amount of $3,850.00 by the City of Bozeman. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission authorize the transfer of $3,850.00 from "Elections" to "Parks and Playgrounds" I and authorize payment to H. U. D. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and and Commissioner Vollmer; those voting No, none. Request permission to hold carnival - Angel Flight, M.S. U. -Main Mall May 17, 1981 Interim City Manager John Evans presented a request for permission for the Angel Flight at Montana State University to hold a carnival at the Main Mall on May 17, 1981. Permission has been granted by the Main Mall. This carnival is to raise funds for the A merican Cancer Society. Interim City Manager Evans recommended approval of the request. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the request from Angel Flight to hold a carnival at the Main Mall be approved. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Stiff, and Commissioner Vollmer, those voting No, none. Application for Raffle License -American Legion - May 14, - July 12, 1981 Interim City Manager John Evans presented an application for a raffle license, along I with the appropriate fee, by the American Legion for a raffle to be held from May 14, through July 12, 1981. The item to be raffled is a microwave oven valued at approximately $318.00. The Interim City Manager recommended approval of the application. It was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the appli- cation for a raffle license by the American Legion be approved. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Swanson, and Commissioner Vollmer; those voting No, none. Interim City Manager Evans presented an application for a beer license along with the required fee from the Gallatin Valley Softball Association for May 16-17; May 23-24; May 30-31; June 6-7; June 13-14; June 20-21; June 27-28; July 11-12; July 18-19; July 25-26, July 31, August 1-2; August 8-9; August 15-16; August 22-23, 1981. He recommended approval of the application for a beer license contingent upon the Association obtaining the re- quired beer licenses from the State of Montana, and conditionally upon there being no problems I with the sale of beer at the softball games. The City Commission would reserve the right to suspend or revoke the beer license should there be any problems. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the beer license for Gallatin Valley Softball Association for the above- listed weekends, and that the City Commission reserve the right to suspend or revoke the license should any problems arise. The motion was carried by the following Aye and No vote: 358 those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Commissioner Vollmer; those voting No, none. Claims The claims for the past two weeks were presented. The Interim City Manager had I checked the claims and found them to be true and correct and recommended that the Interim Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the claims as presented. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commis- sioner Stiff, and Commissioner Vollmer; those voting No, none. Reports Interim City Manager Evans stated that the Police Department Report for April and the Building Department Report for April appeared to be in order and recommended that they be acknowledged. It was moved by Commissioner Mathre, seconded by Commissioner Stiff that the reports be acknowledged and ordered filed May 20, 1981. The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commis- sioner Swanson, and Commissioner Vollmer; those voting No, none. I Adjournment There being no further business to come before the Commission at this time it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commis- sioner Stiff, Commissioner Swanson, Commissioner Ma thre, and Commissioner Vollmer; those voting No, none. 12 c;~~. , A~~ DUNCAN S. MACNAB, Mayor ATTEST: ROBIN L. WILLIAMS Interim Clerk of the City Commission I