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HomeMy WebLinkAbout1981-07-24 spec 463 MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 24, 1981 ******************** I The Commission of the City of Bozeman met in special session in the City Manager's Office, Municipal Building, July 24, 1981, at 5:15 p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and the Clerk. Signing of the Notice of the Special Meeting The Mayor requested that each of the Commissioners sign the Notice of Special Com- mission Meeting, for the purpose of selecting a new City Manager. Each Commissioner in turn signed the Notice. Executive Session Mayor MacNab called an Executive Session of the Commission and requested that all persons except for the Commissioners leave the room. Mayor MacNab declared the Executive Session of the City Commission closed and recon- vened the meeting. Adjournment I There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Stiff, that the meeting be adjou rned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Stiff, Commissioner Vollmer, Commissioner Swanson and Mayor MacNab; those voting No, none. Mayor ATTEST: Clerk of the Commission I -464 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 29,1981 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, July 29, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Interim Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of July 22, 1981, were approved as submitted. Decision - Preliminary Plat Review - Valley Unit No. 2 Mobile Home Subdivision This was the time and place set for a decision on the preliminary plat review for the Valley Unit No. 2 Mobile Home Subdivision, as it was continued from last week's meeting, so that a full Commission may consider the matter. City Manager Evans recommended that municipal utilities and other services never be extended beyond the corporate limits of the city. He stated that he feels that the mobile home subdivision is needed in the area, but does not feel that the City should provide the municipal services because the area is not within the city limits. He also recommended that, if approval is granted, the conditions as set down in his recommendation for conditional I approval be adopted. These conditions are a compilation of the conditions set forth by the Planning Staff and the County Commissioners, with some revisions. The area under consideration is not contiguous to the city. However, a waiver of annexation has been signed, so the entire subdivision could be annexed. The entire parcel is owned by a single party. It was moved by Commissioner Vollmer that, based on the undisputed need; based on the fact that the City Commission has amended the Master Plan for this specific type of development at this location; based on the fact that the City Commission has changed the zoning for this specific location for this specific type of project; based on the record made at the Planning Board hearing; based on the vote of approval by the Planning Board members, including Commissioner Swanson; and further based on the fact that any disadvantages are far outweighed by the public interest that this subdivision would serve, that the preliminary plat for Valley Unit Mobile Home Subdivision be approved subject to the following conditions: 1. That, while it will not be a mandatory requirement of the developer to provide off- site improvements, Durston Road must be paved to the east end of the Mobile Home I Subdivision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final approval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. 4'65 4. That the results of the recently completed independent sewage study are reviewed by the City of Bozeman, and that the developer and the City enter into a written agree- ment providing for an acceptable method of sewage disposal for the proposed subdi- vision. 5. That the developer supply information confirming the availability and supply of the g round water for use in the proposed water system prior to final plat application. 6. That the plans for the proposed water system be approved by the City Engineer and I City Water Superintendent. 7. That the developer's park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 8. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 9. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. 11. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related im- provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. 14. That the development be approved by the State Department of Health and Environ- mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. I 15. That any Rural I mprovement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. 16. That, prior to final plat approval, an I mprovements Agreement be developed that is satisfactory to the Governing Body and the developer to ensure the installation of improvements, specifically sewer, water and roads as proposed. The motion died for lack of a second. It was then moved by Commissioner Stiff, seconded by Commissioner Mathre, that, while recognizing that the community has an ultimate need for this type of development, the preliminary plat for Valley Unit No. 2 Mobile Home Subdivision be denied based on the road problem, which is not fully resolved and a concern about furnishing City services without annexation. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Mathre; those voting No being Commissioner Vollmer, Commissioner Swanson and Mayor MacNab. Commissioner Swanson stated that he agrees that there is an undisputed need for this type of subdivision. He questions the providing of City services to the area. He also feels I that there could be a sanitary sewer problem. He feels that the road problems have been partially resolved. Commissioner Swanson stated that the location of a mobile home sub- division has been a question whenever a subdivision is suggested. Commissioner Stiff stated that he feels that the Valley Unit No. 2 Subdivision must be considered as a whole. He stated that where the number of people would come from to . ~l66 occupy this subdivision has not been discussed. He is concerned that the area would not be filled unless a large number of people move in from other areas, which he doesn't foresee happening. Commissioner Mathre stated that she has heard two different stories regarding the length of time it will take to fully develop the area. I Commissioner Vollmer suggested the possibility of total annexation. I Commissioner Swanson stated that it would take many years to get the tax base back if the entire area were annexed now and not developed fully for several years. He further stated that most of his real estate sales have been to out-of-state people. He stated that they are bringing thei r own money into the area. Maurice Klabunde stated that he does feel that some of the people presently living in mobile home parks will move to the subdivision, but not very many. Also, other people will probably move into those spaces. He stated that he opposes the mobile home subdivision be- cause of the way it is being handled. He is concerned about the RID's which may be requested for the development of this subdivision. He feels the concept is a good one and one which is needed in this area. Mr. Klabunde stated that if the area were annexed to the city, he would have no objection to the subdivision. It was then moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission approve the preliminary plat for the Valley Unit No. 2 Mobile Home Sub- division, subject to the following conditions, as recommended by the City Manager: 1, That, while it will not be a mandatory requirement of the developer to provide off- I site improvements, Durston Road must be paved to the east end of the Mobile Home Subdivision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final approval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. That the off-site roads to be constructed must provide City sub-base standards, an asphalt mat and be not less than twenty-four (24) feet in width. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. 4. That the City of Bozeman will not extend sanitary sewer services into the subdivi- sion. The developer must provide sewage disposal facilities that are acceptable to the County government and State Department of Health and Environmental Sciences. 5. That the developer supply information confirming the availability and supply of the ground water for use in the proposed water system prior to final plat application. 6. That the plans for the proposed water system be approved by the City Engineer and City Water Superintendent. 7. That the developer's park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 8. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile I home pads. 9. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. 11, That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 461 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related im- provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. 14. That the development be approved by the State Department of Health and Environ- I mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney.s certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. 15. That any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. Following a brief discussion, the motion was amended as follows. It was moved by Commissioner Swanson, seconded by Commissioner Vollmer, that the Commission approve the preliminary plat for the Valley Unit No. 2 Mobile Home Subdivision, subject to the following conditions: 1. That, while it will not be a mandatory requirement of the developer to provide off- site improvements, Durston Road must be paved from the terminus of the proposed improvements of North Nineteenth Avenue to the east end of the Mobile Home Subdi- vision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final ap- proval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. That the off-site roads to be constructed must provide I City sub-base standards, an asphalt mat and be not less than twenty-four (24) feet in width. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. 4. That the City of Bozeman will not extend sanitary sewer services into the subdivi- sion. The developer must provide sewage disposal facilities that are acceptable to the County government and State Department of Health and Environmental Sciences. 5. That the developer supply information confirming the availability and supply of the ground water for use in the proposed water system prior to final plat application. 6. That the plans for the proposed water system be approved by the City Engineer and City Water Superintendent. 7. That the developer's park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 8. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 9. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. I 11. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related im- provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. .4'68 14. That the development be approved by the State Department of Health and Environ- mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. 15. That any Rural I mprovement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be I sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Swanson; those voting No being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab. Commissioner Vollmer then moved that the Commission annex Valley Unit No. 2 Subdi- vision, with the following conditions: 1. That, while it will not be a mandatory requirement of the developer to provide off- site improvements, Durston Road must be paved from the terminus of the proposed improvements of North Nineteenth Avenue to the east end of the Mobile Home Subdi- vision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final ap- proval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. That the off-site roads to be constructed must provide City sub-base standards, an asphalt mat and be not less than twenty-four (24) feet in width. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. 4. That the developer supply information confirming the availability and supply of the I ground water for use in the proposed water system prior to final plat application. S. That the plans for the proposed water system be approved by the City Engineer and City Water Superintendent. 6. That the developer's park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 7. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 8. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 9. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. 10. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 11. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 12. That all roads, culverts, utilities, central water and sewer facilities and related im- provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. 13. That the development be approved by the State Department of Health and Environ- mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision I Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. 14. That any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. 4'69 The motion died for lack of a second. City Attorney Planalp stated that at this time there is no approval for anything. After review of the appropriate authorities, he stated that the Commission must approve, conditionally approve or reject the preliminary plat during this meeting. It was then moved by Commissioner Swanson that the Commission approve the pre- I Iiminary plat for Valley Unit No. 2 Mobile Home Subdivision, subject to the following conditions: 1. That, whi Ie it will not be a mandatory requirement of the developer to provide off- site improvements, Durston Road must be paved from the terminus of the proposed improvements of North Nineteenth Avenue to the east end of the Mobile Home Subdi- vision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final ap- proval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobi Ie Home Subdivision Phase III. That the off-site roads to be constructed must provide City sub-base standards, an asphalt mat and be not less than twenty-four (24) feet in width. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. 4. That the City of Bozeman will not extend sanitary sewer services into the subdivi- sion. The developer must provide sewage disposal facilities that are acceptable to the County government and State Department of Health and Environmental Sciences. 5. That the developer supply information confirming the availability and supply of the ground water for use in the proposed water system prior to final plat application. 6. That the plans for the proposed water system be approved by the City Engineer and I City Water Superintendent. 7. That the developer's park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 8. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 9. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. 11. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related im- provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. 14. That the development be approved by the State Department of Health and Environ- mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. I 15. That any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. The motion died for lack of a second. -'4'70 Commissioner Stiff suggested the possibility of having the developer pay the money which would be invested in a private sanitary sewer system to the City, and the City would then provide sanitary sewer service. He also recommended annexation of the area. It was then moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission deny the preliminary plat for Valley Unit No. 2 Mobile Home Subdivision with I the recommendation that problems regarding demography, sewer, annexation and roads are resolved before the matter is brought back to the Commission. The motion fai led by the fol- lowing Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Mathre; those voting No being Commissioner Vollmer, Commissioner Swanson and Mayor MacNab. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the preliminary plat for Valley Unit No.2 Mobile Home Subdivision, subject to the following conditions: 1. That, while it will not be a mandatory requirement of the developer to provide off- site improvements, Durston Road must be paved from the terminus of the proposed improvements of North Nineteenth Avenue to the east end. of the Mobile Home Subdi- vision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final ap- proval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. That the off-site roads to be constructed must provide City sub-base standards, an asphalt mat and be not less than twenty-four (24) feet in width. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve radius and cul-de-sac radius be shown on the final plat. I 4. That the City of Bozeman will not extend sanitary sewer services into the subdivi- sion. The developer must provide sewage disposal facilities that are acceptable to the County government and State Department of Health and Environmental Sciences. 5. That the developer supply information confirming the availability and supply of the ground water for use in the proposed water system prior to final plat application. 6. That the plans for the proposed water system be approved by the City Engineer and City Water Superintendent. 7. That the developer1s park and recreation plan be reviewed and approved by the Com- munity Recreation Board. 8. That the developer submit a standard detai I drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 9. That the proposed storm drain plan be reviewed and approved by the City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regula- tions for Planning Staff review and approval. 11. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the protective covenants. 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related im- I provements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means acceptable to the Governing Bodies. 14. That the development be approved by the State Department of Health and Environ- mental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. ~- 471 15. That any Rural I mprovement Districts or County Water and Sewer Districts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be properly created and approved by the County Commission prior to commencement of construction. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Swanson, Commissioner Mathre and Mayor MacNab; those voting No being Commissioner Vollmer and Commissioner Stiff. Request - Gallatin Valley Bicycle Club - bicycle race - August 8, 1981 City Manager Evans presented to the Commission a request on behalf of the Gallatin Valley Bicycle Club for permission to conduct a bicycling event to be held on August 8, 1981, from 5:00 p.m. to 7:00 p.m. This event is sanctioned by the Sweet Pea committee, and the City Manager recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of the Gallatin Valley Bicycle Club to conduct a bicycling event on August 8,1981, from 5:00 to 7:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Ordinance No. 1074 - Salary Ordinance for Fiscal Year 1982 I The City Manager presented Ordinance No. 1074, which had been continued from last week's meeting at the request of the City Commission, entitled: ORDINANCE NO. 1074 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Ordinance No. 1074. setting the salaries and revising the official bonds of the City Manager, City Attorney, Clerk of the City Commission, Director of Finance and City Judge for Fiscal Year 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commis- sioner Mathre and Mayor MacNab; those voting No, none. Ordinance No. 1073 - Zone Code Amendment City Manager Evans requested that this matter be deferred until next week's Commis- sion meeting as the ordinance is not yet done. I Ordinance No. 1076 - Consideration of the City Commission's tentative appropriation ordinance The City Commission's consideration of the tentative appropriation ordinance had been continued for a period of one week. The City Commission reviewed the City Manager's recommendation concerning expendi- tures and revenues for operation of the City for the next fiscal year. -472 The Mayor stated that this is one of the finest estimates he has seen in a long time. Commissioner Mathre asked some general questions regarding the City Manager's recom- mendation for a budget for FY 1981-82. Commissioner Stiff had several specific questions regarding various line items and amounts throughout the budget. I The Mayor requested that the draft tentative appropriation ordinance be placed on the agenda for next week's meeting. Ordinance No. 1077. - Water Department rules and regulations City Manager Evans presented Ordinance No. 1077, as prepared by the City Attorney, entitled: ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING RULES AND REGULATIONS FOR THE OPERATION OF WATER SERVICE UTILITY AND ENACTING SECTION 10.04.030. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission adopt Ordinance No. 1077, enacting rules and regulations for the operation of the water service uti Iity and enacting Section 10.04.030. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Commission Resolution No. 2341 - Montana Farm Bureau Federation Industrial Development I Revenue Bond Issue City Manager Evans presented Commission Resolution No. 2341, entitled: COMMISSION RESOLUTION NO. 2341 A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF BOZEMAN, MONTANA, OF ITS INDUSTRIAL DEVELOPMENT FIRST MORTGAGE REVENUE BONDS FOR THE MONTANA FARM BUREAU FEDERATION PROJECT TO INDUCE SAID FEDERATION TO CONSTRUCT A STATE HEADQUARTERS AND OFFICE BUILDING COMPLEX CONSISTING OF BUSINESS AND COMMERCIAL OFFICE AND RELATED FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN, MONT ANA; THE PROCEEDS OF SAID BONDS TO BE USED FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING SAID FACILITIES WITHIN THE CITY OF BOZEMAN; AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND INSTRUMENTS RELATED THERETO. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2341, providing for the issuance of Industrial Development Revenue Bonds for the Montana Farm Bureau Federation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Code - open retail store in basement, 238 East Main - I Bob City Manager Evans requested that this item be deleted from the agenda as the matter has been resolved. 473 Request - MSU Assistant Deans - Cooper Park - August 12, 1981 - open container ordinance The City Manager presented to the Commission a request on behalf of the Montana State University Assistant Deans for permission to waive the open container ordinance for a picnic to be held in Cooper Park on August 12, 1981 from 6:30 p.m. to 9:00 p.m. The City Manager recommended approval of the request. I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request on behalf of the MSU Assistant Deans for a waiver of the open container ordinance in Cooper Park on August 12, 1981, from 6:30 to 9:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Authorize Mayor to sign - Two (2) Highway Department agreements City Manager Evans presented to the Commission two Highway Department Agreements involving North Nineteenth Avenue. The City Attorney had reviewed the agreements and had found them to be in order. The City Manager recommended authorizing the Mayor to sign these agreements. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign two Highway Department agreements pertaining to North Nineteenth Avenue. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- sioner Swanson and Mayor MacNab; those voting No, none. Authorize Mayor to sign - two requests for reimbursement - EPA project - $18,257.00 and $8,075.00 City Manager Evans presented two requests for reimbursement from EPA for the san- itary sewer improvements project, in the amount of $18,257.00 and $8,075.00. He recommended that the Commission authorize the Mayor to sign these two requests. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Mayor to sign the two requests for reimbursement from EPA for the sanitary sewer improvements project in the amount of $18,257.00 and $8,075.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, nc;>ne. Plans and specifications - Street Paving Improvements for SID 636 - Bid opening August 19, 1981 - I City Manager Evans stated that he has received the Plans and Specifications for the street paving improvements for Special I mprovement District No. 636, paving of two blocks of Peach Street from Rouse Avenue to Wallace Avenue, and requested that the Commission authorize the advertisement of the "Call for Bids" and set the bid opening date. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Com- mission authorize the advertisement of the "Call for B ids" for the street paving improvements -"474 for SID 636 and set the date of August 19, 1981, for the opening date of bids for the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Proposal to be placed on ballot - re obscenity ordinance I City Manager Evans presented Commission Resolution No. 2342, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION 2342 A RESOLUTION TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, AS TO WHETHER TO ENACT AN ORDINANCE MORE RESTRICTIVE THAN SECTION 45-8-201 AND SECTION 45-8-202 OF THE MONTANA CODE ANNOTATED PROVIDING FOR A DEFINITION OF OBSCENE MATERIAL AND PROHIBITING THE SALE AND DISTRIBUTION THEREOF. This Commission Resolution is to be given to the Elections Administrator at the Gallatin County Clerk and Recorder's Office, to be placed on the ballot for the September 15, 1981, primary election. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2342, submitting to the qualified electors of Bozeman, Montana, whether or not they desire an ordinance more restrictive than Section 45-8-201 and Section 45-8-202 of the Montana Code Annotated providing for a definition of obscene material and prohibiting the sale and distribution thereof. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson. Commissioner I Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Application for relicensing of Gambling - July 1, 1981 to June 30, 1982 - Filling Station City Manager Evans stated that the following application had been held at last week's meeting, so that the Staff might research the establishment further. This application for re- newal of the gambling license is for the period July 1, 1981 to June 30, 1982. Filling Station, 2005 North Rouse, 1 keno machine, $500.00 I nterim Assistant City Manager Barrick had written a letter to the Filling Station, but has received no reply as of the meeting. The City Attorney stated that the matter could be deferred for a one-week period. Mayor MacNab requested that this application for renewal of a gambling license be placed on the agenda for next week's meeting, and that the Police Department check the establishment for possible gambling activities. - September 23 to September 22, 1981 - for Lea ue of City Manager Evans stated that the Montana League of Cities and Towns Convention is I to be held in Billings on September 23-25, 1981. It has been the custom of the City Commission in past years to change the regular meeting during that week so that everyone desiring to do so may attend the Convention. He also stated that reservations have been made in Billings for those who have usually attended in the past. 475 It was moved by Commissioner Vollmer. seconded by Commissioner Stiff. that the Commission change the regular meeting date from September 23 to September 22. 1981. due to the Montana League of Cities and Towns Convention to be held in Billings on September 23-26. 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer. Commissioner Stiff. Commissioner Swanson. Commissioner Mathre and I Mayor MacNab; 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. The City Manager stated that the claim to John W. Bauer in the amount of $2.836.85 is to pay for the Court costs of his litigation against the City. He stated that the City At~ torney has signed papers which state that the matter is now closed. and no further action will be taken against the City. It was moved by Commissioner Stiff. seconded by Commissioner Swanson. that the claims be approved as presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff. Commissioner Swanson. Commissioner Mathre. Commissioner Vollmer and Mayor MacNab; those voting No. none. I I nformation Item - Announce hiring of a Controller ~ begin August 10. 1981 City Manager Evans stated that the City has hired a Controller to begin on August 10. 1981. Mr. Ken Vail was born and raised in Bozeman and attended Montana State University. He is presently working for Montana Power in Butte. The City Manager stated that the City has received nothing but glowing reports about this young man's capabilities. I nformation Item - City Manager's report on safety inspection City Manager Evans stated that the Workmen's Compensation Division from Helena has done its annual safety inspection for the City. and has found the City to be in very good shape. Interim Assistant City Manager Barrick accompanied the two inspectors on their tour of the City facilities. Both of the inspectors were extremely happy with what they saw. The infractions which they did find were minor for the most part. They were extremely pleased with the cleanliness of the Waste Water Treatment Plant and the manner in which it is run. File report - Fire Department quarterly I City Manager Evans stated that the Fire Department quarterly report for the period April 1 through June 30. 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Swanson. seconded by Commissioner Mathre that the report be accepted and ordered filed. The motion carried by the following Aye and No vote: -476 those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was I moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Mayor ATTEST: Clerk of the Commission I I .