HomeMy WebLinkAbout1984-11-13
423
MINUTES OF THE MEETING OF THE XITY COMMISSION
BOZEMAN. MONT AN
November 13, 1984
************************
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, November 13, 1984, at' 4: 00 p.m. Present were Mayor Weaver, Commissioner
I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager
Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Action on the minutes of the regular meeting of November 5, 1984 was deferred for a
period of one week.
Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. Commissioner Mathre requested that the letter of support for the Women's
Resource Center be removed for discussion.
Decision - Zone Map Change - from RS-l to R-3 - Clark E. and Pauline Bronson and Ben C.
and Carol Davis - Tracts A and B of CDS 1045 in the NEt. Section 18, T2S, R6E, MPM; tract
of land in the SWi SEt. Section 7 and NWi NEi, Section 18, T2S, R6E, MPM, Bozeman Creek
Annexation to the City of Bozeman (west side of South Church Avenue just south of East
College Street extended)
This was the time and place set for the decision for the Zone Map Change requested by
Clark E. and Pauline Bronson and Ben C. and Carol Davis to change the present zoning of
RS-l, Residential--Suburban Country Estates, to R-3, Residential--Medium-density, for Tracts
A and B of Certificate of Survey No. 1045 located in the northeast one-quarter of Section 18,
Township 2 South, Range 6 East, Montana Principal Meridian and a tract of land located in the
southwest one-quarter of the southeast one-quarter of Section 7 and northwest one-quarter,
I northeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian,
all located in the Bozeman Creek Annexation to the City of Bozeman. The subject parcels are
more commonly located along the west side of South Church Avenue, just south of East College
Street extended.
City Manager Wysocki concurred in the Zoning Commission's recommendation that the
zoning for the subject properties be changed from RS-1 to R-3- T .
Commissioner Vant Hull noted the fact that a fireworks warehouse is located on the
property immediately west of the subject site should be carefully considered during review of
any proposal under the "T" designation.
Planning Director Steve Lere stated the Planning Staff is aware of the fireworks ware-
house location.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the Zone Map Change requested by Clark E. and Pauline Bronson and Ben
C. and Carol Davis on the above-described properties from RS-l, Residential--Suburban Country
Estates, to R-3- T, Residential--Medium-density with a transitional overlay. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner
Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No,
none.
Decision - Conditional Use Permit - Vicki Harvey and Pam Frost - allow the use of the
residential structure for a licensed day care center - 702 South 14th Avenue
I This was the time and place set for the decision on the Conditional Use Permit requested
by Vicki Harvey and Pam Frost to allow the use of the existing three-bedroom residential struc-
ture located on Lot 22, Block 12, Normandy Rearrangement of Blocks 14, 19 and 22 of the West
Side Addition, as a I icensed day care center. This property is more commonly known as 702
South 14th A venue.
City Manager Wysocki presented to the Commission a letter from Vicki Harvey and Pam
Frost which had been received on this date concerning the request. He then concurred in the
Zoning Commission's recommendation that the Conditional Use Permit requested by Vicki Harvey
and Pam Frost be approved subject to six conditions.
11-13-84
42~'
Commissioner Vant Hull stated she feels Condition No. 2 should be eliminated.
It was moved by Commissioner Vant Hull that the Commission approve the Conditional Use
Permit requested by Vicki Harvey and Pam Frost to allow the use of the existing three-bedroom
residential structure located on Lot 22, Block 12, Normandy Rearrangement of Blocks 14, 19 and
22 of the West Side Addition, as a licensed day care center, subject to the following conditions:
1. That the play area be completely fenced prior to the opening of the day
ca re home.
3. That the applicants shall enter into an Improvements Agreement with the I
City of Bozeman. If the day care group home is to open prior to in-
stallation of the improvements, it must be secured by a method of
security equal to one and one-half (1}) times the amount of the cost of
the scheduled improvements and their installation.
4. That three (3) copies of the final site plan containing all the conditions,
corrections and modifications recommended and approved by the City
Commission shall be reviewed and approved by the Planning Director
prior to issuance of a permit for the project. One (1) signed copy shall
be retained by the Building Inspection Division; one (1) signed copy
shall be retained by the Planning Director; and one (1) signed copy
shall be retained by the applicant.
5. That all on-site improvements shall be completed within eighteen (18)
months of approval of the Conditional Use Permit, as shown on the
approved final site plan.
6. That the Conditional Use Permit shall be valid for a period of only
eighteen (18) months following approval of the use. Prior to the
permanent renewal of the permit at the end of that period, the applicant
must satisfy all of the conditions of the granting of the permit. An
on-site inspection will be made, and a report will be made to the City
Commission for their action. If all required conditions have been
satisfied, the permit may be permanently renewed.
The motion failed for the lack of a second.
It was then moved by Commissioner Vant Hull that Condition No. 2 be amended to read,
"That the parking and loading area improvements be completed." The motion died for the lack
of a second. The Commissioner noted that the normal 18-month period for installation of im- I
provements under a Conditional Use Permit would apply if a specific date is not included in this
condition.
Commissioner Vant Hull noted she lives in one of the older neighborhoods in Bozeman;
and she does not support a condition which require paving of one-fourth of the yard area.
She noted if that condition is imposed, the site will probably not return to residential use.
The Commissioner then stated she does not feel it is reasonable to require that the paving be
completed by June 1, 1985 if Condition No.2 is imposed, especially when one considers the
letter from the applicants which the Commission just received at the beginning of the meeting.
Commissioner Mathre noted the requirement for the paved off-street loading and unloading
zone is I isted in the Zone Code. The Commissioner then noted she began serving on the Zoning
Commission in 1976, and subsequently on the City Commission; and she has heard approximately
six proposals for day care centers. She noted the main objections expressed in all instances
are that the residents don't want such a facility in their areas because of safety considerations,
usually dealing with the loading and unloading of children. She noted Condition No. 2 is an
attempt to address the concerns which have been expressed for the safety of the children.
Commissioner Vant Hull stated she feels the applicants should be allowed to operate the
day care home for a few months with the present accommodations; and then the Commission
could review the matter and determine if safety problems exist due to the lack of a paved
off-street loading and unloading area.
Commissioner Jordan expressed concern about the Conditional Use Permit process. He
indicated he feels residents in a neighborhood should know what can be placed in that area I
under the Zone Code; and they should not be required to accept an activity they do not want
simply because it meets all of the conditions for approval established by the City. The Com-
missioner then stated he feels the safety of the children is important enough to require paving
of the off-street loading and unloading area.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission approve the Conditional Use Permit requested by Vicki Harvey and Pam Frost to
allow the use of the existing three-bedroom residential structure located on Lot 22, Block 12,
I 11-13-84
I
I
Lr25
Normandy Rearrangement of Blocks 14, 19 and 22 of the West Side Addition, as a licensed day
care center, subject to the following conditions, as recommended by the Zoning Commission:
1. That the play area be completely fenced prior to the opening of the day
care home.
2. That the parking and loading area improvements be completed by June 1,
1985.
I 3. That the applicants shall enter into an Improvements Agreement with the
City of Bozeman. If the day care group home is to open prior to in-
stallation of the improvements, it must be secured by a method of
security equal to one and one-half (1 i) times the amount of the cost of
the scheduled improvements and their installation.
4. That three (3) copies of the final site plan containing all the conditions,
corrections and modifications recommended and approved by the City
Commission shall be reviewed and approved by the Planning Director
prior to issuance of a permit for the project. One (1) signed copy shall
be retained by the Building Inspection Division; one (1) signed copy
shall be retained by the Planning Director; and one (1) signed copy
shall be retained by the appl icant.
5. That all on-site improvements shall be completed within eighteen (18)
months of approval of the Conditional Use Permit, as shown on the
approved final site plan.
6. That the Conditional Use Permit shall be valid for a period of only
eighteen (18) months following approval of the use. Prior to the
permanent renewal of the permit at the end of that period, the
applicant must satisfy all of the conditions of the granting of the permit.
An on-site inspection wi II be made, and a report wi II be made to the City
Commission for their action. If all required conditions have been
satisfied, the permit may be permanently renewed.
It was then moved by Commissioner Vant Hull that the original motion be amended to
eliminate Condition No.2. The motion failed for the lack of a second.
The original motion then carried by the following Aye and No vote: those voting Aye
being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver;
I those voting No being Commissioner Vant Hull.
west 0
City Manager Wysocki presented Commission Resolution No. 2531, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2531
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND RE-
FERRED TO AS THE VOLZ-WALLlN PARCEL, HEREIN MORE PARTICULARLY
DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
The City Manager reminded the Commission that the subject parcel consists of 8.252
acres lying between West Main Street and West Babcock Street immediately east of the Ponderosa
Mobile Home Subdivision. He noted the effective date of this annexation will be thirty days
after adoption. He then recommended that the Commission adopt Commission Resolution No.
2531, annexing the Volz/Wallin parcel.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission adopt Commission Resolution No. 2531, extending the boundaries of the City of
Bozeman to include a tract of land contiguous to said City and referred to as the Volz/ Wallin
Annexation. The motion carried by the following Aye and No vote: those voting Aye being
I Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and
Mayor Weaver; those voting No, none.
Update on cable television franchise study; concerns on citizen participation - Roxy Smith
Mrs. Roxanne Smith, Chairman of the Bozeman Cable Television Study Committee, submitted
to the Commission a written statement of concerns about citizen participation. She noted that
on December 12, 1983, the Committee submitted its final report to the Commission, recommending
that (1) the franchise fee not be used as a source of revenue for the General Fund but be
used to support local access television; (2) a working committee be created to manage local
11-13-84
425
access television operations; and (3) the City begin negotiations with the Bozeman Cable Tele-
vision Company for a franchise. She noted the Commission has deferred action on this item
until staff input is received; and to date no action has been taken on the Committee's recommen-
dations. Mrs. Smith expressed concern that the citizens on that Committee spent many hours
developing the report which was submitted to the Commission; and no unsolicited progress
reports have been submitted to the Committee, nor has the Commission acted on the recommenda-
tion. I
Mayor Weaver noted the Commission has been awaiting action on federal legislation which
deals with cable television franchising.
Commissioner Mathre suggested that this item be placed on a future agenda for discussion.
City Manager Wysocki stated he submitted a memo to the Commission shortly after he
arrived, indicating that his position on cable television franchising is different from the Commit-
tee's report. He then stated the City has been waiting for the adoption of federal legislation;
and the President just signed the Bill on October 30, 1984. The City Manager then noted this
item is on his list of proposed primary work tasks for the next six to twelve months, which the
Commission is to prioritize.
Commissioner Vant Hull noted the responsibility of a study committee is to submit a
recommendation to the City Commission, which may be rejected or may be accepted in part or in
tota I . She noted the Cable Television Study Committee has reviewed only a small portion of
what must be considered by the Commission; and the revenues from this source should possibly
be considered for use in the General Fund.
Mayor Weaver noted a committee is formed to review a specific item and submit a recommen-
dation to the Commission. He stated once that function is complete, the committee's purpose
has been served; and the committee is usually disbanded.
Commissioner Anderson noted the Commission should establish a procedure for communica-
ting with the various committees. She suggested a quarterly progress report be submitted to
each of the citizen committees, which wi II indicate the Commission is interested in the citizen
input it receives. I
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission acknowledge receipt of the report of concern submitted by the Cable Television
Study Committee. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner
Jordan and Mayor Weaver; those voting No, none.
Discussion - status report on Felska-Solvie convention center - UDAG funding
City Manager Wysocki stated he had submitted a brief memo from Ted Zelio, UDAG
Officer for HUD in Denver, under the "FYI" discussion at last week's meeting. The City
Manager noted that memo lists two alternatives for the City to consider at this time: (1)
request that the application be held over until January, which is the next round of submittals,
or (2) withdraw the application at this time and possibly resubmit the application in the future,
along with any other applications the City may wish to support.
The City Manager stated the applicants have not submitted adequate information to
satisfy the HUD office that they intend to provide a substantial amount of equity initially; and
H UD has requested information about the placement of the I DR bond issue. He then stated Mr.
Zelio has indicated that holding the application over until the next round of submittals will not
guarantee that it will be forwarded to Washington, D.C., with a recommendation for funding.
Mayor Weaver noted the City must conduct public hearings and, if two or more proposals
are received, the Commission must then determine which would serve the City's best interests
and indicate support for that proposal. I
The City Manager stated concurrence. He noted the City may submit as many proposals
as it wishes, but HUD will request that the City select the proposals it feels is best prior to
funding considerations.
City Manager Wysocki then stated Mr. Solvie is currently working on submittal of addi-
tional financial information to satisfy the HUD requirements. He also noted the City has re-
ceived a Letter of Credit from a bank in Montana indicating it will back one-half of the lOR
bond issue.
11-13-84
427
Mayor Weaver then asked if withdrawal of the UDAC application will affect the lOR bond
request submitted by Felska-Solvie.
City Manager Wysocki stated the UDAG application and possible funding will not affect
the Industrial Development Revenue bond application, which has been previously approved by
the Commission. The City Manager then suggested that the Commission defer action on this
item until early or mid-December. He noted if the Commission decides to withdraw the appli-
I cation, there will be adequate time to conduct the necessary public hearings and possibly
submit another application prior to the January 31, 1985 deadline.
Commissioner Anderson stated support for withdrawal of the application. She suggested
that the Commission could receive an update on this project as well as consider any new appli-
cations during a public hearing as soon as possible.
The City Manager reminded the Commission that the UDAG applications would not be
limited to convention centers, but applications can be submitted for any projects which would
fall under the guidelines for this type of funding.
Commissioner Jordan stated he feels the Commission should withdraw the present appli-
cation for UDAG funding and begin the process once again.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission table action on applications for UDAC funding until December 10, 1984. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull,
Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner
Jordan.
B rea k - 4: 50 to 5: 00 p. m .
Mayor Weaver declared a break at 4:50 p.m., to reconvene at 5:00 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Discussion - automated garbage collection system
I City Manager Wysocki submitted to the Commission a staff recommendation for a possible
alternative method for consideration, along with the projected garbage collection rates for the
next five years under the existing collection methods and under the automated system. The
City Manager noted the alternative method suggested in the memo would involve the purchase of
an attachment for an existing backloading garbage truck and approximately 100 GO-gallon and
90-gallon containers which customers would utilize on a volunteer six-month trial basis. The
City Manager stated the attachment will cost $5,000.00 to $6,000.00; and the containers will cost
approximately $9,000.00 for this pi lot program.
The City Manager stated if this pilot plan is operated during the winter and spring
months, it will answer a number of the questions which have been raised during the various
public hearings and discussions. He then emphasized the plan will be on a strictly voluntary
basis; and the smaller containers will be utilized for alley pickup as well as curbside pickup,
since the attachment will not pick up the 300-gallon containers. City Manager Wysocki noted
under the proposed pilot plan, the current garbage collection personnel will be retained to pick
up the regular containers.
City Manager Wysocki then stated he has talked to Dr. Tummala at MSU about the possible
use of an intern to make public contacts for this program and conduct follow-up contacts to
determine the feasibility of the automated garbage collection system in Bozeman.
Commissioner Anderson stated support for the proposed volunteer pilot project.
Commissioner Mathre noted one of the concerns about the previous pilot plan was that
the City would purchase the entire system with no easy way to back out if the system does not
I prove acceptable in Bozeman. She noted this suggestion would provide an opportunity to try
the system without the total costs discussed initially. The Commissioner then noted some ques-
tions have been raised during the discussions which have not been answered. One of the
suggestions was that the hiring of another Animal Control Officer would decrease the problems
with strewn garbage; and questioned whether that would help. She then stated she has driven
through many alleys since this subject was initially discussed; and she has found that it is not
uncommon to see ga rbage a II over the alleys. She noted some cans don't have lids; and the
wind blows the garbage.
11-13-84
- --------------- ----- -------..---
428
Mayor Weaver noted the major item the City must consider in its garbage collection
service is the protection of the public health, safety and welfare in the community.
Commissioner Vant Hull asked if the City will purchase a new backloading garbage truck
in the near future or only the attachment and containers at this time.
City Manager Wysocki stated if the Commission approves this pilot plan, the City will
purchase only one attachment and containers at this time and will keep the existing trucks. He
stated it will take two to three months to get the attachment and containers; and by June the I
City should reach a decision on whether to maintain the existing trucks or purchase an auto-
mated garbage collection truck.
Commissioner Vant Hull asked if the automated collection service will remain voluntary if
the trial period reveals that most of the customers are satisfied with the service and the alleys
are cleaned up substantially.
The City Manager stated that under the democratic process, the majority usually rules.
He noted in the trial period, the voluntary basis wi II work; but if the automated collection
system is implemented, all those in a specified area will be on that system.
Commissioner Anderson noted the pilot plan will provide facts and figures upon which
the Commission can makes its decision on whether to implement an automated garbage collection
system.
City Manager Wysocki reminded the Commission that only one attachment will be purchased
if this plan is approved, so the volunteers for this program must be concentrated in the area
served by one of the current trucks.
Commissioner Jordan asked if the pilot program might be maintained or expanded after
six months if it appears satisfactory.
The City Manager stated after six months, the Commission should determine whether to
maintain the existing garbage collection system or convert to an automated garbage collection
service.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission implement the alternative recommendation submitted by the City Manager, which I
includes purchase of an attachment for an existing backloading garbage truck and approximately
100 60-gallon and 90-gallon containers for those who volunteer for the automated collection
service on a six-month trial basis, at an approximate cost of $15,000.00. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan.
Commission Resolution of South 19th
venue, just south 0
City Manager Wysocki presented Commission Resolution No. 2533, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2533
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
The City Manager stated the Commission had received the staff report on this annexation
request at last week's meeting and had directed the staff to prepare the Resolution of Intention
to annex the parcel. He then recommended that the Commission adopt Commission Resolution
No. 2533, stating the City's intent to annex the subject parcel, and set the public hearing date I
for December 3, 1984.
Commissioner Vant Hull asked if the possible requirement for payment-in-Iieu of taxes for
City services should be discussed at this time.
City Manager Wysocki stated that item could be addressed prior to adoption of a Resolu-
tion annexing said parcel, possibly through an agreement between the owners of the property
and the City.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission adopt Commission Resolution No. 2533, stating the City's intent to annex a 10. O-acre
11-13-84
It 2 9
tract along the west side of South 19th Avenue, just south of the Vet Research Lab; and set
the public hearing date for December 3, 1984. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant
Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Appointment - Board of Appeals
I City Manager Wysocki stated the Commission has previously received a letter of resigna-
tion from J. Paul Petersen. He then submitted to the Commission a memo indicating those
persons who would be willing to serve on the Board of Appeals.
Commissioner Jordan stated he has not had an opportunity to review the applications for
this position and requested that action be deferred for a period of one week.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission table appointment of a new member to the Board of Appeals to allow those Commis-
sioners interested an opportunity to review the applications. The motion carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre,
, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Appointment - Arts Advisory Committee
City Manager Wysocki stated the Commission has previously received a letter of resigna-
tion from Cree Hanna. He then submitted to the Commission a memo listing those persons
interested in serving on the Arts Advisory Committee.
It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the
Commission appoint Donna Shanahan to replace Cree Hanna on the Arts Advisory Committee,
with a three-year term to expire on December 31, 1987. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commis-
sioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull.
I Report - re seminar on hazardous wastes - Commissioner Jordan
City Manager Wysocki stated the Commission had requested this item be placed on the
agenda to allow Commissioner Jordan an opportunity to report on the hazardous wastes seminar
he had attended.
Commissioner Jordan noted he attended a seminar on hazardous wastes held in Great
Falls on Thursday, October 25, 1984. The Commissioner indicated that the State submitted a
presentation in the morning on what the Hazardous Wastes Bureau hopes to accomplish, particu-
larly during the Legislative Session. He then stated in the afternoon the EPA sponsored a
group of former EPA employees who have become some of best known consultants on hazardous
wastes management.
Commissioner Jordan stated the afternoon session was very valuable; and the people
involved are knowledgeable. He then stated it appears the federal government will require that
the states take action on disposal of hazardous and toxic wastes by 1986 but will provide no
funding for implementation of the requirement. He noted the federal standards for various
toxic wastes will require that places such as the laboratories at Montana State University, print
shops and dry cleaning facilities will be among those that must be monitored; and if the levels
exceed the standards, the wastes wi II be disposed in accordance with state regulations. The
Commissioner stated land disposal of hazardous wastes wi II be restricted. He noted some indi-
viduals do not feel hazardous or toxic wastes should be disposed of in a landfill; and the
documents distributed during the seminar would place severe restrictions on such disposal.
The Commissioner noted those restrictions do not apply to household wastes or a farmer's
I wastes.
The Commissioner stated proposals for legislation include the requirement that testing be
done and that all contamination outside the boundaries of a landfill be cleaned up before the
landfill site can be closed. He then noted the restrictions on underground storage tanks apply
to all tanks which have 10 percent or more buried underground.
The Commissioner then stated the consultants reviewed the public or private ownership
of a landfill. He stated they listed reasons for either type of ownership.
11-13-84
43U
Commissioner Jorda'n stated the consultants indicated that clean-up of a spi II is not a
government responsibility. Instead, it shou Id provide patroll ing to re-route traffic; and the
transporter should make provisions for cleaning of the spill. He noted if the government
becomes involved in the clean-up process, it can become partially responsible for any liabilities
incurred. The consultants indicated the only time the government should consider becoming
involved is in a life-threatening situation.
The Commissioner stated if the landfill is not lined by 1986, no toxic wastes can be I
allowed in the landfill. He also stated the consultants indicated that the landfill operator will
be facing greater liabilities after 1986 and should consider getting pollution liability insurance.
Commissioner Jordan then stated the City should become involved in lobbying for monies
to implement any requirements for hazardous and toxic waste disposal. He also stated the
possibility of the State developing a disposal site and sending a truck around to pick up
hazardous and toxic wastes should be supported.
The Commissioner stated public education on this matter is important. He noted the
requirements for disposal of hazardous and toxic wastes must be reasonable; and those involved
with such wastes must understand the reasons for the requirements.
The Commissioner then stated a membership in the GRDC costs $35.00; and the City
should possibly consider joining. He noted information on hazardous waste disposal is distri-
buted on a regular basis and may be beneficial.
Commissioner Jordan then stated the Commission received an article on high-tech pollution
in last week's "FYI" items. The Commissioner stated he feels the Commission should pursue
model ordinances and common sense conditions that high-tech industry must meet to avoid
potential problems in Bozeman. He suggested that double-lined underground tanks be required.
He also suggested that test wells be drilled at the edges of any parcel on which high-tech
industry is located and that the owner be required to pay for two water tests each year to
determine if any contamination is beginning.
City Manager Wysocki stated the staff will review model ordinances and submit a prelimi-
nary report on items which should be emphasized and possible goa Is in sixty days. I
Authorize Mayor to sign - letter of support - Women's Resource Center - Jan Strout
City Manager Wysocki stated that Commissioner Mathre had requested this item be removed
from the Consent Items.
Commissioner Mathre noted the Commission had received the draft letter of support just
prior to the Commission meeting.
Mayor Weaver stated Ms. Strout had submitted information to him concerning submittal of
a grant proposal and requested that the Commission submit a letter of support for the proposal.
The Mayor stated he prepared the draft letter which is before the Commission at this time.
The Commissioners reviewed the letter of support, correcting small errors contained in
the draft letter.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission authorize and direct the Mayor to sign the letter of support requested by Ms. Jan
Strout for the grant application being submitted by the Women's Resource Center. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis-
sioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting
No, none.
Discussion - letter re status of Stephan Custer1s application for DNRC grant monies
City Manager Wysocki stated Commissioner Anderson had requested this letter be removed
from the "FY I" items for substantive discussion. I
Commissioner Anderson noted the letter from DNRC indicates that Dr. Custer's proposal
is ranked 36th out of 76; and it appears only the top 31 proposals will be funded. She stated
she is interested in a groundwater inventory; ~nd she feels that information would beneficial to
the City in the future. The Commissioner noted a groundwater inventory will not only reveal
the amount of City's reserves, but the quality as well. She noted that, the location and quality
of the groundwater supplies in the Bozeman area may affect possible growth of the city in the
future.
11-13-84
431
Discussion - FYI items
City Manager Wysocki presented to the Commission the following "For Your Information"
Items:
(1) A letter from Bryan and Atkins, Attorneys at Law, requesting that the Commission
contact the Public Service Commission stating its support for competition in the garbage collec-
tion service in the Bozeman area and supporting the application submitted by Rozel Corporation.
I The City Manager stated he does not feel the City should become involved in the support
of any type of business in the Bozeman area.
(2) An article entitled "Dark Skies for Comet Halley" suggesting the dimming or turning
off of unessential outdoor lighting for a while on the best nights for viewing of Halley's Comet
in March and April 1986.
(3) A memo from the City Manager announcing the appointment of Don Barrick as
Acting City Manager November 14 and 15, while he attends an Urban Coalition meeting in Helena.
(4) Weekly construction reports as submitted by Thomas, Dean and Hoskins, Inc., for
the water system improvements.
(5) Commissioner Vant Hull noted she had put a copy of a memo to the City Manager
and City Attorney in each Commissioner's mailbox concerning charging non-profit organizations
for City services provided, such as police, fire and street maintenance services. She asked if
the staff will report back to the Commission on this item.
City Manager Wysocki stated he and the City Attorney will review the matter.
(6) City Manager Wysocki stated the Interagency Breakfast will be tomorrow morning at
7:00 a.m. at The Inn. Mayor Weaver noted he and Commissioner Mathre will attend that meeting.
The City Manager then announced the Urban Coalition meeting will be held in Helena on
Wednesday and Thursday. He noted he and Commissioner Jordan will attend that meeting.
Consent Items
City Manager Wysocki presented to the Commission the following "Consent Items."
I Application for Raffle License - Bozeman Deaconess Hospital Women's
Auxiliar (Pink Ladies) - December 19, 1984; to be raffled -
tied com orter va ue at 50
Application for Raffle License - Razzle Dazzle Jazz Drill Team -
December 15, 1984; to be raffled - VCR and gift certificate
valued at $695
Proclamation - "Great American Smokeoutll - Thursday, November 15, 1984
Authorize Mayor to sign - Bud et Amendment - transfer $70, 000 from Sewer
peratmg eserve to ewer perating und - perations - t er -
restoration of lagoon site
Authorize City Mana er to si n - Chan e Order No. 1 - Senior Citizens
enter e evator - sump pump - Increase 500
Claims
Proclamation - IIAmerican Education Weekll - November 11-17, 1984
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the items as listed above, 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 Mathre, Commissioner Vant Hull, Commissioner Anderson,
Commissioner Jordan and Mayor Weaver; those voting No, none.
Adjournment - 6:15 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and
I Mayor Weaver; those voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
11-13-84