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HomeMy WebLinkAbout1988-06-27 265 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 27, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 27, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, I Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cuss ion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of June 13, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of June 20, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Authorize use of annual leave for City Manager Wysocki; confirm appointment of City Attorney Becker as Acting City Manager City Attorney Becker indicated that City Manager Wysocki is on annual leave for today. He then suggested that the Commission authorize that use of annual leave and confirm his ap- pointment as Acting City Manager for this date. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the use of annual leave for City Manager Wysocki and confirm the appointment of City Attorney Becker as Acting City Manager for this date. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Presentation from Chamber of Commerce - donations from recycling during clean-up campaign Acting City Manager Becker stated that Michelle Letendre is present to address the Com- mission. Ms. Michelle Letendre, Bozeman Area Chamber of Commerce, thanked the Commissioners for their participation in the Clean-Up Bozeman campaign held this spring. She then introduced Bob Koelzer, Pacific Hide and Fur, and Jeff Martin, Bozeman Recycling, to the Commission, not- ing that they have donated the week's recycling revenues from the clean-up to the City for use at the East Gallatin State Park per prior Commission action. She then presented to the Com- mission two checks totalling $1,089. Mayor Stiff thanked Ms. Letendre for the Chamber of Commerce's contribution in coordi- nating the clean-up efforts, noting this is an excellent example of City/Chamber cooperation. He also noted that the monies received through the recycling project can be well used at the East Gallatin State Park. Commissioner Goehrung noted that Sunday's newspaper carried an article on water testing I at the park. He then asked if a portion of these monies should be earmarked for further water testing, since he does not feel that the community can rely on volunteers to continue such mon- itoring in the future. Mrs. Peg Hines, East Gallatin State Park Task Force, stated that MSU has done testings on four wells, three of which are located between the old landfill and the park. She noted that the only well indicating any potential problem is located along the bank of the East Gallatin River; and it will be retested to determine if the river is the source of the problems. She then stated that the State Board of Health has set aside $500 for testing. She further noted that the Montana Detoxification I nstitute at the Tech Park has indicated it will run a clean sweep now, 06-27-88 266 including testing for some herbicides, which may be from sources other than the old landfill; and they will do another clean sweep in the fall. Mrs. Hines stated that the State Board of Health recommends that tests be completed every three to four months; and if those tests remain clean, one test each year may be ade- quate. She indicated that the Task Force could better use this money for paying bills for sand and gravel rather than earmarking monies for water testing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the I Commission acknowledge receipt of the donated monies from recycling during the clean-up cam- paign and thank the community for their support. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Presentation of final report from ad hoc committee to review the business license ordinance - Steve Hample, Chairman Mr. Steve Hample, Chairman of the ad hoc committee to review the business license ordin- ance submitted the final report to the Commission. He gave a brief history of the process, not- ing that in November and December 1987, the Commission addressed the issue of revising the business I icense fee structure. He stated that, as a result of that controversy, the Commission appointed an ll-member committee comprised of a diverse membership. He indicated that the committee reviewed the issue, breaking it into three separate issues: (1) an inequity among the businesses paying business license fees, especially since seventeen professions and industries are exempted from such fees by State Statute; (2) the fees charged in Bozeman seem high when compared to those in other communities; and (3) the purpose of the fees, and the basis upon which they are computed, are not clear to many in the community. Mr. Hample indicated that other technical questions were addressed, as time permitted. He noted that the committee began meeting in January, meeting twice a month through the sec- ond Monday in June. He indicated that the majority report is a compromise of the eleven dif- ferent opinions on the committee; and three minority reports have also been submitted. He not- I ed that, although some of the committee members would like to see lower business license fees, they also recognize that the City dues incur costs for this operation which must be covered. Steve Hample indicated that the committee reviewed the activities covered by the business license fee, noting that they could be split into two separate functions: (1) a census of busi- nesses in the community and monitoring for ethical practices; and (2) public safety activities, including fire safety inspections. He noted the bulk of costs incurred are for fire inspections; and those costs could be charged to those businesses exempted from the business license fee as well as those businesses that are licensed. Mr. Hample stated several of the committee members are present at this meeting, including John Parker, who edited the report for the committee; Bob Macdonald; and Gordon Elder. Commissioner Vant Hull noted that an attorney served on the committee; and the City Attorney was present at some of the committee meetings. She then asked if all of the recom- mendations in the report are legal, especially the recommendation to split the fees. Steve Hample stated the legality of the various recommendations was discussed at length. Acting City Manager Becker stated when he reviewed the statutes, he found that local governments could not regulate the practice of the profession; but it does not address policing matters such as inspections for fire safety. He noted that the same public safety requirements may be imposed on a building with exempt professions, such as attorneys, as well as on build- ings housing retail sales; and the costs of safety inspections should be borne by those located in the building. Commissioner Hawks noted that, other than the specific categories with specific license I fees, the committee has recommended that the fees for the general business license category be based on square footage. He asked if that was determined to be the most equitable manner in which to allocate the costs involved. Mr. Hample indicated it was. He stated the committee reviewed various methods of as- sessing the costs and determined the square footage basis will result in a fee which is reason- ably related to the costs of inspection and other City services. 06-27-88 267 Commissioner Martel asked if the square footage is to include gross square footage or the net square footage used for the business, exempting areas such as storage areas or common areas. Bob Macdonald indicated the committee recommends that the square footage be based on that area available to the public. He noted that common areas were not addressed. Commissioner Goehrung asked to what extent the committee received comment from the I general business people. Mr. Hample indicated the committee's meetings were listed in the newspaper. He stated that the committee reviewed all of the written comments submitted to the Commission in November and December as well as the minutes from those meetings. He also noted that the committee members discussed this subject with businessmen on a one-on-one basis. He stated the Chamber of Commerce published a survey, but received only one or two responses. He noted only two or three people attended any of the committee meetings. The Commission thanked the committee for their work and their report. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the final report from the ad hoc committee to review the bus- iness license ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - maintenance of highway designated streets - Don Gruel, Department of Highways Acting City Manager Becker stated that Mr. Gruel is present to address the Commission concerning the maintenance of state highway designated streets within the city limits, per their request. He noted that copies of the maintenance contracts between the State Department of Highways and the Cities of Billings, Great Falls and Missoula were included in the Commissioners' packets. Mr. Don Gruel, Administrator of Maintenance for the Department of Highways, indicated I that his job is to set policy and budget for all highway maintenance in the state. He noted the State has different types of agreements that can be negotiated with Cities, including agreements like those included in the packets which establish a specified sum per year, and agreements like the State has with the City of Butte, where the State pays the actual costs of maintenance. Mr. Gruel stated there are 28 or 29 lane mi les of state designated highways within the Bozeman city limits. He noted that the annual figures for maintenance of those streets were previously submitted to the City. He stated that the Highway Department prepares its budget to the State Legislature for funding; and it cannot exceed the amounts budgeted for in each program. Mr. Gruel stated the costs for maintenance of the state designated highways within the Bozeman city limits are probably comparable to Butte, which has approximately the same number of lane miles. He then estimated that a negotiated contract for annual maintenance would prob- ably be in an amount from $70,000 to $100,000. He reminded the Commission that the State al- ready has a contract for traffic signal maintenance with the City. Commissioner Hawks asked what the advantages are for having a City assume responsibil- ity for the state designated highways rather than the State being responsible. Mr. Gruel stated that one of the main advantages concerns complaints. He noted that the City usually receives the complaints first; and if it has control over maintenance of the streets, it can then address those complaints. He also noted that in Bozeman, street closures are sought for special activities. He indicated that the State Department of Highways does not have a prob- lem with those closures as long as the proper safety measures are followed; however, they could I be addressed at the local level if a maintenance agreement were entered into. Commissioner Hawks asked if the City's accepting responsibility for maintenance of the state highway designated streets would cause a change in the type of equipment and employees in the Highway Department. Don Gruel stated that to have the City take over maintenance would result in a decrease in labor costs through layoff of personnel to cover the costs of the maintenance contract. He then noted that under a contract, the State Highway Department would require a specified level of service that the City may not be used to providing, citing patching and treatment of pave- ment as examples. 06-27-88 268 Commissioner Vant Hull noted that the maintenance cost figures submitted to the City for past years seemed to vary dramatically, from $76,000 for Fiscal Year 1988 to $22,000 through March 31 for the current fiscal year. Mr. Gruel stated the budget will vary because of the amount of paving work being done. He also noted that winter maintenance is hard to predict; and this past winter required less snow removal than past winters. Commissioner Vant Hull asked if the amount negotiated for maintenance could be increased I if a large amount of maintenance work was to be done in a specific fiscal year; and Mr. Gruel indicated it could be. Commissioner Martel asked why different methods for payment have been established in the maintenance agreement with the different communities. Mr. Gruel indicated the agreements have been negotiated with each community separately; and those are the terms desired by the communities. He noted, however, that the Highway De- partment does not feel that a negotiated agreement should result in an increase in costs to them. In response to a question from Commissioner Martel, Mr. Gruel stated that Great Falls has 61 lane miles of state highway designated streets; Missoula has 53 lane miles; Billings has 72 lane miles; and Butte has 23.7 lane miles. He indicated that the average maintenance cost for Butte is about $100,000. Commissioner Goehrung asked if flexibility in negotiation would include having the State Highway Department continue to do specific procedures, such as striping of streets. Mr. Gruel indicated that striping of streets must be coordinated with patching; therefore, it might be difficult to have two entities involved. He stated that some flexibility might be available, though, in some areas. Commissioner Goehrung asked if the City would have increased flexibility in signage and establishing truck routes and speed limits if it contracted for maintenance. Mr. Gruel indicated that the State does not relinquish its authority over those areas by contracting for maintenance. He noted that the Uniform Control Device Manual has been adopted by the State; and the City would be expected to follow that manual as well. I Mayor Stiff noted as long as a community assumes responsibility for maintenance, the State could not impose the use of salt. Mr. Gruel concurred. He noted, however, that the Department has a standard for the level of services that must be provided; and those must be met through whatever method is used. In response to a question from the Mayor, Mr. Gruel stated that Billings uses salt quite heavily; Great Falls uses not quite so much salt; Missoula uses some salt; and Butte doesn't use much salt. Mayor Stiff asked if local responsibility results in improved maintenance. Mr. Gruel indicated it depends on the City administration. He noted in some communities there is improvement and in some there is not. Commissioner Hawks asked if the State assumes liability if the City enters into an agree- ment to maintain the streets. Don Gruel stated that the State would expect the City to assume liability if it entered into a maintenance agreement. Commissioner Martel noted that the three maintenance contracts which the Commissioners have received reflect $6,000 to $7,000 per lane mile, including maintenance projects, in Billings and Missoula, and $4,500 for maintenance only in Great Falls. He then asked about the overlay project currently underway on North 7th Avenue. Mr. Jerry Wade, Maintenance Supervisor for the Bozeman Division, indicated that the overlay project is to smooth the driving lanes, with particular attention being paid to its inter- I section with West Main Street. He then indicated that West Main Street is scheduled for a main- tenance project in two years. Commissioner Martel asked if the City would be responsible for bidding and overseeing overlay projects if it were to assume maintenance responsibilities through an agreement; and Mr. Cruel indicated it would be. Commissioner Martel asked if the Highway Department's priority for snow removal sets city streets at second or third priority. 06-27-88 269 Mr. Gruel stated that the state-wide policy is to address intersections of busy streets, such as West Main Street and North Seventh Avenue, as well as the rural roads. Mr. Wade stated that the I nterstate is the first priority in this division. He noted, how- ever, that usually two trucks are dispatched from the facility; and they drop their blades and do those city streets on their way out of town. He noted another truck is usually called as well; and that truck addresses the city streets at the same time the others are on the rural I roads. Commissioner Martel asked about the deep snow that sometimes lies on Main Street, with salt being applied to help it melt. Mr. Cruel stated one of the problems with plowing on city streets is that there is no- where to put the snow. He noted they try to keep the intersections clear through use of sand and salt. He then stated that the Highway Department has a policy that allows up to four inches of snowpack on a roadway before it must be removed. He indicated that hauling of snow is expensive, estimating that it would probably cost $100,000 to $150,000 a year. The Commission thanked Mr. Gruel for his presentation. B rea k - 3: 1 0 to 3: 15 p. m . Mayor Stiff declared a break from 3; lOp. m. to 3; 15 p. m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Acknowledge receipt of petition re street condition of Perkins Place - submitted by Rudolph Svehla Acting City Manager Becker presented to the Commission a petition from residents near Perkins Place concerning the condition of that street. Mr. Rudolph Svehla, 419 East Lamme Street, indicated that Perkins Place, as well as other streets in the immediate area, is a very busy street. He noted the Hawthorne School is located at the south end of Perkins Place; and the Salvation Army day care center abuts the I south end of the street. He noted that Perkins Place is an undefined gravel roadway which carries a large amount of traffic, much of it traveling at high speeds. He stated that two apartment buildings are located along the west side of the street, and access to those buildings is from Perkins Place. Mr. Svehla indicated that he has distributed a survey to the neighborhood; and those responses have been submitted to the Commission. He noted that Perkins Place is dusty, muddy and not adequate for two-way traffic; and flying rocks from the roadway can cause property damage or bodily harm to those abutting the street. Mr. Svehla stated that the lots for some of the single-family houses along Perkins Place do not extend to North Rouse Avenue; however, the property for the two apartment buildings does. He then suggested that access to those two buildings be changed to Rouse Avenue, which would alleviate much of the traffic on Perkins Place. He noted the residents do not propose that Perkins be paved, but that steps be taken to decrease and slow the traffic to make it a safer roadway. Mayor Stiff indicated that the Commission is to acknowledge receipt of the petition at this time and refer it to staff. He indicated an opportunity for public input will be provided later, when the staff has had an opportunity to review the situation and submit a recommendation back to the Commission. Individuals stating support for the petition included William J. Hinson, 211 North Church Avenue; and Vivian Martinz, 227 North Church Avenue. Mr. Doug Polette indicated he is owner of one of the apartment buildings; however, he I was not aware of the petition being circulated until one of his renters approached him. He not- ed that at the time of construction, he wanted to have the building facing Rouse but was requir- ed to turn it around to meet City regulations. He then concurred that steps should be taken to alleviate some of the problems on Perkins Place. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission acknowledge receipt of the petition and refer it to staff, asking them to specifically address (1) possible apartment access to North Rouse Avenue; (2) posting of speed limit signs along the street; (3) posting of signs such as "chi Idren at play; II (4) posting of stop signs at ends of Perkins Place; and (5) possible designation as a one-way street. The motion carried by 06-27-88 270 the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Mayor Stiff and Commissioner Martel indicated that, although they voted for the motion, they wish to review all options and do not consider these as the only ones available. Request for permission to address Commission - Dalton Burkhalter Acting City Manager Becker stated that Mr. Dalton Burkhalter, through his attorney I Michael J. Lilly, has requested permission to address the Commission concerning closure of the portion of Lincoln Street immediately adjacent to his property. He cautioned the Commission that this item is currently under litigation. Mr. Dalton Burkhalter, 1429 South Fifth Avenue, submitted to the Commission a letter dated June 27, 1988, concerning the subject street closure, along with copies of a letter to City Engineer Forbes, dated July 23, 1987, and Commission Resolution No. 980, adopted in 1960. He indicated that his property is located near Montana State University on South Fifth Avenue at its intersection with West Lincoln Street. He stated this issue is under litigation because he felt the City was not giving him ample time, nor has the City received all of the information concerning the subject. Mr. Burkhalter stated he has lived at the subject location for seventeen years, and found out about Commission Resolution No. 980 about three or four years later. He noted that three of the four property owners in that area have already exercised the option to close Lincoln Street, with the last one occurring in 1979. He indicated that since learning of the option, it has been his intent to exercise his option to close that portion of Lincoln Street adjacent to his property, following the appropriate procedure. He indicated that he began that process, including closure of a portion of the alley, on July 22, 1987. He noted that he submitted plans to the City En- gineer and provided the requested turn-around area for garbage trucks. I n September, he re- ceived a letter from the City Commission ordering that the street remain open. He indicated that to that point, he had incurred approximately $500 in expenses. He stated that he contacted the City Manager but received little explanation; and contacts with other City staff and a City Com- I missioner produced little information. Mr. Dal Burkhalter stated that in April 1988, they received a letter from the City stating that equipment would be moved in to open Lincoln Street; and that action resulted in his filing for an injunction, which was granted. He noted that on May 4 of this year, City Attorney Becker and City Engineer Phill Forbes visited the site, at which time the garbage truck came on its regular route and made its turn-around. Mr. Burkhalter stated that he feels they have met all of the City's requests for this street closure, noting that they have provided an adequate turn-around for the garbage trucks. He stated that tire tracks show that the garbage truck has only had to make one or two attempts to complete the turn-around. He then asked the Commission to review the situation to date, in- dicating a desire to settle the issue without going through the legal process. The Commission thanked Mr. Burkhalter for his presentation. Ordinance No. 1261 - amending the Bozeman Area Flood Plain Regulations as adopted by Ordin- ance No. 1237 Acting City Manager Becker presented Ordinance No. 1261, as prepared by the City Attorney, entitled: ORDINANCE NO. 1261 AN ORDINANCE OF THE BOZEMAN CITY COMMISSION AMENDING THE BOZEMAN AREA FLOOD PLAIN REGULATIONS AS ADOPTED BY ORDINANCE NO. 1237. The Acting City Manager reminded the Commission that this ordinance was provisionally I adopted on June 13, 1988. He then recommended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1261, amending the Bozeman area flood plain regulations as previously adopted by Ordinance No. 1237. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. 06-27-88 271 23 and 24 of the Gordon Mandeville State Acting City Manager Becker presented Commission Resolution No. 2700, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2700 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- I TANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO IN- CLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE PACIFIC HIDE AND FUR ANNEXATION, HEREIN MORE PARTICULARLY DE- SCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. The Acting City Manager indicated this is the final step in the process of annexing the subject tract. He then recommended that the Commission adopt this resolution. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2700, annexing the Pacific Hide and Fur Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Renewal of Gaming Licenses - various establishments - July 1, 1988 through June 30, 1989 Acting City Manager Becker presented to the Commission a list of 13 establishments which have submitted applications, along with the required fees, for renewal of gaming licenses for video draw poker machines and electronic keno/ bingo machines. The Acting City Manager then recommended that the Commission approve the renewal of the following-listed gaming licenses: APPLICATIONS FOR RENEWAL OF GAMING LICENSES July 1, 1988 through June 30,1989 Banana Bay Bar & Grill 5 poker machines 2825 West Main 2 keno/bingo machines $ 700.00 I B.P.O.E/ks #463 106 East Babcock 4 poker machines 400.00 Empire, Inc., dba Black Angus 520 West Mendenhall 3 poker machines 300.00 F.O.E. #326 316 East Main 3 poker machines 300.00 Karl Marks Pizza 1003 West College 1 poker machine 100.00 King Gallatin Corp., dba Robin Lounge 105 West Main 1 poker machine 100.00 Molly Brown 4 poker machines 703 West Babcock 1 keno/bingo machine 500.00 Stromboli's, Inc. 19 Tai Lane 1 poker machine 100.00 The Cannery Lounge 5 poker machines 43 West Main 1 keno/bingo machine 600.00 The Sundance Saloon 5 poker machines 120 North 19th Avenue 1 keno/bingo machine 600.00 The VFW Club 2 poker machines 321 East Main 1 keno/bingo machine 300.00 Town Pump I 2607 West Main 1 keno machine 100.00 Valley Greens Restaurant and Lounge, Inc. 302 East Kagy 2 poker machines 200.00 TOT AL - 13 applications $ 4,300.00 I t was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the renewal of Gaming Licenses as listed for the period July 1, 1988 through 06-27-88 272 June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment to Board of Adjustment Acting City Manager Becker stated this appointment will provide for six members on the Board of Adjustment, in accordance with Ordinance No. 1258, which was recently adopted. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission appoint Jerry Bancroft to serve on the Board of Adjustment, with an initial term to ex- pire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to Zoning Commission It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission appoint Kate Mclnnerney to replace Henry Shovic on the Zoning Commission, with a term to expire on June 30, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - FY I Items Acting City Manager Becker presented to the Commission the following "For Your I nform- ation II items. (1 ) Water use report for the week ending June 22, 1988. (2) Agenda and packet for the Zoning Commission meeting to be held on Tuesday, June 28, 1988, at 7:00 p.m. (3) A letter from Charles H. Payne, 417 West Story Street, concerning neglect of Cooper Park maintenance. I The Acting City Attorney indicated that the lawn has been mowed this past week. Commissioner Hawks noted that Cooper Park does need attention, indicating that it had not been mowed for th ree weeks. He also indicated there are branches scattered around in the park. (4) A letter from William J.S. VandenBos, 524 North Fourth Avenue, concerning truck traffic on Peach Street, particularly between North Seventh Avenue and North Rouse Avenue. Commissioner Hawks suggested that responses be made to the two above letters. (5) A letter from Mike Money, 105 Teton, expressing concern about possible termina- tion of the program for rehabilitation of low- and moderate-income housing. Commissioner Vant Hull indicated she plans to contact Mike Money for additional informa- tion; and she will forward that information to the other Commissioners if deemed appropriate. (6) Mayor Stiff indicated he has received a letter from a consumer who feels a local merchant did not complete his duty. The Mayor indicated this is not City business; therefore, no action will be taken. (7) The Mayor indicated the State Firefighters Association will be meeting in Bozeman in July. He noted that the City will be appropriately represented at that meeting. (8) The Mayor stated he has received a letter of thanks from the Japanese gentleman who visited the City about a month ago. (9) Mayor Stiff stated he has received an invitation from James W. Bauder, MsU De- partment of Plant and Soil Science, to attend the Forage and Pasture Field Day activities to be held on July 21 at the research farm west of Bozeman. He noted that he will make copies for I distribution to the other Commissioners. (10) Commissioner Vant Hull expressed concern about pedestrian safety, especially on Mendenhall Street and Babcock Street. She then suggested that staff, or possibly the Pedes- trian/Traffic Safety Committee, be asked to review this item. She indicated that review of this type of concern might be needed to keep that committee alive. Mayor Stiff suggested that continuation of the Pedestrian/Traffic Safety Committee be made an agenda item for further discussion. 06-27-88 273 (11 ) Commissioner Goehrung asked if the District 10 meeting for the League is to be held this week. After research, Commissioner Vant Hull indicated the District 10 meeting is to be held at 10:00 a.m. tomorrow at the Library. (12) Commissioner Goehrung indicated that he has drafted a suggested procedure for requests for proposals and has forwarded it to Commissioner Martel for review. He indicated it I should be ready for Commission consideration within the next few weeks. Consent Items Acting City Manager Becker presented to the Commission the following Consent Items. Request for permission to conduct parade - American Legion, Gallatin Post No. 14 - Thursda , Jul 7, 9: 00 .m. on North 7th Avenue from Hol- iday Inn to Darigold; and aturday, July 9, 4: 00 p.m. on Main Street from 8th Avenue to Rouse Avenue Authorize Call for Bids - scales for landfill Claims It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Executive session re litigation In accordance with Section 2-3-203(4), M.C.A., Mayor Stiff called an Executive Session of the Commission at 4:25 p.m. for the purpose of discussing litigation matters and requested that all persons except the Commissioners, Acting City Manager Becker and the Clerk leave the room. Mayor Stiff declared the Executive Session of the Commission closed at 5:22 p.m. and re- convened the meeting. I Adjournment - 5:22 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 06-27-88