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HomeMy WebLinkAbout1985-06-13 23G MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 13, 1985 ************************ The Commission of the City of Bozeman met in special session in the Conference Room. Municipal Building, June 13, 1985, at 9:00 a.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Anderson, City Manager Wysocki, City Attorney Crumbaker-Smith, former I City Attorney Planalp and Clerk of the Commission Sullivan. Commissioner Vant Hull and Commissioner Jordan were absent due to being out of town. Signing of the Notice of the Special Meeting The Mayor requested that each of the Commissioners sign the Notice of Special Commis- sion Meeting. Each Commissioner in turn signed the Notice. Update on litigation - Albert A. and Pamela S. Frost v. City of Bozeman City Attorney Crumbaker-Smith submitted a brief update on the suit which has been filed against the City by Albert A. and Pamela S. Frost, who own a lot adjacent to the water tank. She noted the suit was filed, and a temporary restraining order issued against continuing construction on the water tank in Graf's First Subdivision, Second Filing. The City Attorney stated that Mr. and Mrs. Frost have indicated a willingness to sell the lot to the City and drop the restraining order. She stated the lot is currently being ap- praised, and she is negotiating with Mr. Frost on a fair price which is acceptable to both par- ties. She indicated the Commission must authorize the purchase of the subject lot once all terms have been negotiated. City Manager Wysocki stated it is important for the City to move quickly on this trans- action. He also indicated that earnest money will be required when the Buy/Sell Agreement is entered into; and a $500.00 figure has been discussed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission authorize the City Manager to enter into a Buy/Sell Agreement for purchase of the lot in Graf's First Subdivision, Second Filing, currently owned by Albert A. and Pamela S. Frost; and further authorize the expenditure of $500.00 as an earnest money deposit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Ander- son, Commissioner Mathre and Mayor Weaver; those voting No, none. Executive Session - litigation Mayor Weaver called an Executive Session of the Commission at 9:20 a.m. for the purpose of discussing the litigation entitled Valley Unit Corporation v. City of Bozeman. He requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Crumbaker-Smith, former City Attorney Planalp and the Clerk leave the room. Mayor Weaver declared the Executive Session of the Commission closed at 10: 05 a. m. and reconvened the meeting. Open session - litigation City Manager Wysocki recommended that the Commission authorize the staff to proceed with this item in a timely manner. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the City should attempt to finalize a settlement agreement concerning Valley Unit Special Improvement District assessments, speCifically Special Improvement District Nos. 621, 622, 623, 624 and 625; and instruct the City Manager to refine elements of the agreement and to conclude the agreement I in conformance with the elements set forth by legal counsel this date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. 06-13-85 Special Meeting 237 Adjournment - 10:10 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. I KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I . 06-13-85 Special Meeting