HomeMy WebLinkAbout1984-12-17
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
December 17, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, December 17,1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner
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.
The minutes of the regular meeting of December 10, 1984, were approved as amended.
Open bids - bond sale for SID No. 646, sanitary sewer and water mains in the North 7th
Annexation
This was the time and place set for the opening of the bids for the bond sale on Special
Improvement District No. 646, financing the construction of the sanitary sewer and water mains
in the North Seventh An nexation.
The affidavit of publication for the "Call for Bids" was presented.
City Manager Wysocki stated no bids have been received for purchase of the bonds for
SID No. 646 and recommended that the Commission take no action at this time. He noted the
petitioners which have limited ownership within this SI D have not yet established the escrow
account, which must be established prior to the issuance of the bonds. He stated those interested
in submitting bids for these bonds have indicated that the process must be started over and the
bond sale readvertised to meet legal requirements.
Commission Resolution No. 2541 - authorize call for bond sale for SID No. 646 - sanitary sewer
and water - North Seventh Annexation
I City Manager Wysocki presented Commission Resolution No. 2541, as reviewed by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 2541
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING AND DIRECTING THE ADVERTISEMENT AND SALE
OF SPECIAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS FOR
PAYMENT FOR WORK AND MATERIAL IN SPECIAL IMPROVEMENT DISTRICT
NO. 646 FIXING THE NUMBER, DATE, DENOMINATION AND MATURITY OF
SUCH BONDS, AND PRESCRIBING THE FORM THEREOF.
The City Manager recommended that the Commission adopt Commission Resolution No.
2541, providing new authorization to call for bids for the sale of bonds for SID No. 646.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission adopt Commission Resolution No. 2541, authorizing the sale of bonds for Special
Improvement District No. 646. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Com-
missioner Jordan and Mayor Weaver; those voting No, none.
Introduction of Japanese guests Tsukasa Sugiyama and Kyosuke Takaki by Jim Thompson
City Manager Wysocki stated that Commissioner Anderson had requested this item be
placed on the agenda.
Commissioner Anderson stated two English teachers from Japan are in Bozeman observing
I English teachers in this country. She stated Mr. Jim Thompson, Chairman of the English
Department at the Bozeman Junior J-Iigh School, has coordinated the stay of these two gentlemen
in Bozeman.
Mr. Thompson stated Tsukasa Sugiyama and Kyosuke Takaki are in the United States
through an exchange program between Montana State University and a university in Japan.
Commissioner Anderson then presented certificates to Mr. Sugiyama and Mr. Takaki,
honoring them as citizens of the community. The Japanese guests thanked the Commission for
the certificates.
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Mayor Weaver thanked Tsukasa Sugiyama and Kyosuke Takaki for coming to the United
States to view the manner in which English is taught here. He stated the Commission is aware
of the difficulties that can arise from being away from one's family and one's own country,
particularly during the Christmas holidays.
A lication for Beer and Wine License - Cowbo Cafe, 215 East Main Street - for the period
ending I
City Manager Wysocki presented to the Commission an application, along with the required
fee, for a Beer and Wine License submitted by the Cowboy Cafe, 215 East Main Street, for the
period ending December 31, 1984. He recommended the Commission approve this application
contingent upon the receipt of the State License.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Commission approve the application submitted by the Cowboy Cafe, 215 East Main Street, for a
Beer and Wine License for the period ending December 31, 1984, contingent upon receipt of the
State License. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and
Mayor Weaver; those voting No, none.
A plication for Beer and Wine License - Strombolis, 19 Tai Lane - for the period endin
ecember 31, 1984
City Manager Wysocki presented to the Commission an application, along with the required
fee, for a Beer and Wine License submitted by Strombolis, 19 Tai Lane, for the period ending
December 31, 1984.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission approve the application submitted by Strombolis, 19 Tai Lane, for a Beer and Wine
License for the period ending December 31, 1984. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. I
Presentation - Jim Leiter, Solid Waste Mana ement Bureau in
e ena, and ervice In ozeman
City Manager Wysocki stated Mr. Leiter has requested an opportunity to address the
Commission and provide an update on the landfill monitoring program currently being undertaken.
Mr. Dave Jones, Soi I Conservation Service, stated the landfj II monitoring program was
begun in 1981. Mr. Jones stated that water traveling through the garbage is what causes
contamination and pollution. He noted the climate in the Bozeman area is wet, which causes more
leachate; but the temperatures are cold, which decreases the amount of chemical reaction created
by the moisture.
Mr. Jones showed the Commission slides of various landfill sites around the state, then
concentrated on slides showing the basic soil structure of the site and the contours of the land
around the existing landfill site. He also indicated where the test wells are currently located
and where additional test wells would be drilled.
Mr. Jones then stated the present landfill was started in 1968 or 1969 and is in the
present location because the property owner was willing to sell the land at a reasonable price
and the type of soil located in the present landfill site is porous and does not retain water and
is, therefore, easier to dig during the winter months. He noted the City owns land north and
west of the present landfill; and the SCS recommends that a small portion immediately to the
north and land to the west of the current landfill site might be suitable for this type of use.
However, there is a ridge to the north of the landfill; and the drainage from the other side of I
that ridge drains into Churn Creek and should not be used as a landfill area.
Mr. Jones then stated a test monitoring well has been drilled near the shop at the land-
fill; and three test wells have been drilled along the base of the hill between the landfill and
Mcllhattan Road. The SCS is also monitoring a well at the Valley View Vet Clinic and a spring
box for the clinic lying closer to the landfill as well as a well at a nearby farm. Also, moni-
toring has been done on two seeps which are located close to Mcllhattan Lane in what is currently
a pasture. Mr. Jones stated the tests to date have indicated that the two domestic wells and the
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477
spring box have not been affected by the landfill. He stated the tests of the two seeps indicate
that the amount of chromium in the water has increased to 1000 times the amount found in the
test well; but that amount is well below any contamination levels. Mr. Jones indicated that all
tests taken to date indicate that the water has been polluted by the landfill, but it is not
contaminated. .
Mr. Dave Jones then stated a barrel of sodium cyanide was buried along with some dead
I animals in the early 1970's. He stated tests have not detected that substance yet, which indi-
cates that the barrel may yet be intact, the sodium cyanide may be slowly seeping into the soil
in very small amounts or the dead animals may be immediately counteracting the sodium cyanide.
Mr. Jones stated if tests begin to show large amounts of the sodium cyanide, the City may need
to consider action to alleviate the problem.
Commissioner Anderson asked if any testing has been done for pesticides. Mr. Jones
indicated no testing for pesticides has been done to date. He noted the testing for pesticides is
expensive.
Dave Jones stated in the proposal for the next phase of testing, monitoring wells would
be drilled both shallow and deep to test the perched water as well as the groundwater. He
indicated the SCS is particularly concerned about any potential contamination of the East Gallatin
River, as well as contamination of any domestic wells in the immediate area. Mr. Jones stated
the SCS is working with the State of Montana Department of Mines and Geology in an attempt to
get them involved in the drilling of the new monitoring wells. He stated the City paid for the
drilling of the three initial wells, which were completed by a private firm at a cost of $7,000.00.
He stated the estimated cost of the 15 additional wells should be $10,000.00 if drilled by the
Department of Mining and Geology; and that cost would be borne by the City. He also noted if
they do the well drilling, testing of the soils can be done during the drilling process to deter-
mine the type of soil at various depths and any possible contamination.
Commissioner Jordan asked what laws would need to be observed in the starting of a new
landfill . He also asked if any laws were in effect when the existing landfill was started.
I Mr. Jones stated federal laws govern the opening of new landfills; and state laws supple-
ment the federal laws. He noted in some instances, the state laws are more restrictive than the
federal laws. Mr. Jones then stated environmental awareness was just beginning when the
existing landfill was opened; but people felt that the new site was better than the old site,
which was located along the bank of the East Gallatin River, resulting in some garbage dumping
directly into the river.
Commissioner Vant Hull asked if contamination in the deeper monitoring wells would be
grounds for closing of the existing landfill.
Dave Jones stated he would recommend that the City close the landfill after the estimated
life span because there are so many unknowns about what is buried in the landfill and potential
effects. He stated if the City utilizes only the portions of property recommended by the SCS,
the existing landfill will last another two to five years. He noted that will provide adequate time
for the City to find another landfill site which is suitable.
Commissioner Vant Hull stated that since county residents also use the landfill, it would
be desirable for the Leiter-Jones presentation to be made to the County Commissioners.
Commissioner Anders~n noted that Dave Donahue has just completed an inventory of
studies on surface and groundwater in the Bozeman area; and those studies are now in Dr.
Howard Peavy's office at the University. She suggested that information may be beneficial in
the monitoring.
Mr. Jones stated he has reviewed various studies and gleaned pertinent information. He
then indicated he would be willing to put a copy of his information in Dr. Peavy's office for
I future reference.
Commissioner Jordan asked if there is a reason for the dramatic increase in the chromium
content.
Mr. Jones stated there was a metal plating operation in Bozeman at one time, which could
possibly have caused the increase. He also noted that chromium could be a by-prOduct of the
electronics industry.
Commissioner Jordan asked if it would be possible to put something into the monitoring
wells to neutralize the contamination underground.
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Dave Jones stated it is difficult to put any neutralizing agent in a well and hit the
contamination to be neutralized. He stated the wells which have been drilled are extraction
wells, through which the contaminated perched water could be pumped and then disposed of.
Mr. Jones then stated after the existing landfill is closed, it could still probably be used
as a Class 3 landfill, accepting items such as sidewalks, dirt, building materials and other inert
materials, but no household wastes. Dave Jones then indicated after the existing landfill is
closed, the leachate will become weaker and eventually create no problems for the surrounding I
area. He also noted that other groundwater will cause dilution between the landfill site and the
East Gallatin River and domestic wells in the immediate area.
Commissioner Anderson asked if monitoring wells are required for all municipal landfills or
are being requested at the local level.
Mr. Dave Jones stated the Soil Conservation Service has inventoried all of the landfills in
the state and determined those in which a pollution potential exists. He noted Bozeman is one of
those about which the SCS is concerned because of the groundwater in the immediate area.
Mr. Jim Leiter, Solid Waste Management Bureau in Helena, stated there are about twenty
monitoring systems in Montana at the present time; and in a few years there will probably be
about eighty. He noted Bozeman began monitoring its landfi II in 1980, which is well ahead of
other landfill monitoring programs in the state. Mr. Leiter stated during the early years of the
landfill operation, surface water was allowed to stand on the covered landfill area; and thus more
water than necessary was allowed to permeate through the garbage. He stated the landfill has
been recontoured in recent years; and grass is being seeded, which will decrease the amount of
water which can seep through the garbage.
Commissioner Anderson asked how much monitoring is required at a private landfill.
Mr. Jim Leiter stated the same amount of monitoring is required for a private landfill as
for a municipal landfill because they fall under the same state and federal regulations.
Mayor Weaver asked when data wi II be avai lable from the new wells.
Mr. Jones stated they hope to have the new monitoring wells drilled before the spring
run-off . I
Commissioner Anderson asked if there are specific criteria to be considered when looking
for a new landfill site.
Mr. Jones stated there are criteria. He also stated research has been done in Gallatin
County; and the most environmentally sound landfill site is around Logan. He stated the City
may be requested to consider establishing a transfer station and hauling its refuse to the Logan
site in the future. Dave Jones then suggested that the City, County and MSU cooperate in
seeking grant monies for purchase of a new landfill site.
Mayor Weaver asked if the Commission should expect an update on the landfill monitoring
program in the summer or next fall. Mr. Jones indicated they would be willing to submit an
update at that time.
The Commission thanked Jim Leiter and Dave Jones for their presentation.
Break - 5:05 to 5:15 p.m.
Mayor Weaver declared a break at 5:05 p.m., to reconvene at 5:15 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Proclamation - "Bobcat Football Week" - December 16-22, 1984
City Manager Wysocki submitted to the Commission the proclamation for "Bobcat Football
Week" during the week of December 16-22, 1984. He noted this proclamation recognizes the
Bobcats as the 1984 National Champions of NCAA Division I-AA football, following Saturday's
victory over Louisiana Tech. I
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
concur in the Mayor's proclamation of December 16 to 22, 1984, as "Bobcat Football Week." 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.
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479
Authorize execution of necessary documents for financing of the IBM System/38 computer
City Manager Wysocki presented to the Commission a memo from Director of Finance McKinney
indicating the financial institutions which have been contacted about providing financing for the
IBM System/38 computer. He noted that no local firms have indicated an interest in bidding on
this item. He further noted that a written bid of 9.95% was received from Citicorp, and a
written bid of $10.6% was received from E.F. Hutton. The City Manager then concurred in the
I Finance Department staff recommendation that the bid for the sixty-month lease/purchase agreement
be awarded to Citicorp.
Commissioner Vant Hull noted that in the past the City has borrowed money against the
Cemetery Perpetual Care Fund and suggested that might be done for the computer, rather than
borrowing from an outside source.
City Manager Wysocki stated the amount to be financed is approximately $135,000.00. He
noted the City would be required to pay the interest rate which is currently being received on
the investment of the CPC Fund, which would be about the same or slightly higher than the rate
bid by Citicorp. He further noted that there are outstanding loans against the CPC Fund; and
the assessment for construction of the realigned Highland Boulevard is to be paid from the CPC
Fund.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission authorize the execution of the necessary documents for a sixty-month lease/ purchase
agreement to finance the IBM System/38 computer through Citicorp at their written bid of 9.95%
interest. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor
Weaver; those voti ng No, none.
Award bid - bond sale for SID No. 646, sanitary sewer and water mains in the North 7th Annexation
City Manager Wysocki requested that this item be withdrawn from the agenda because no
bids were received.
I Award bid - construction bid for SID No. 646, sanitary sewer and water mains in the North 7th
Annexation
This was the time and place set to award the construction bid for Special Improvement
District No. 646, for installation of the sanitary sewer and water mains in the North Seventh
Annexation.
City Manager Wysocki recommended that the Commission table awarding of the construction
bid for SID No. 646 until the bids for the bond sale have been opened and award of the bid
made.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
awarding of the construction bid for Special Improvement District No. 646, for installation of the
sanitary sewer and water mains in the North Seventh Annexation, be tabled unti I the bids for
the bond sale have been opened and award of the bid made. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson,
Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none.
Commission Resolution No. 2540 - intent to annex Valley View Club Annexation
.
City Manager Wysocki presented Commission Resolution No. 2540, as prepared by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 2540
I 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.
City Manager Wysocki noted that the Commission had received the Planning Staff report at
its regular meeting of December 3, 1984, and recommended that the Commission adopt this
Resolution and set the public hearing for January 7, 1985.
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It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission adopt Commission Resolution No. 2540, expressing th~ City's intent to extend the
boundaries of the City of Bozeman to include the Valley View Club Annexation, and set the
public hearing date for January 7, 1985. 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, none. Commissioner Jordan abstained from the vote.
A I
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City Manager Wysocki presented to the Commission an application for a Raffle License,
along with the required fee, submitted by the Montana Center for Sexually Abused Children and
their Families for a raffle to be held February 1, 1985. To be raffled are gift certificates from
The Chalet valued at $175.00.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
approve the Raffle License requested by the Montana Center for Sexually A,bused Children and
their Families for a raffle to be held February 1, 1985. 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.
Discussion - FYI items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) Weekly construction report submitted by Thomas, Dean and Hoskins, I nc., for the
Water System Improvements, Group III, Schedule II.
(2) A reminder that the Commission meeting to be held next week will be at 10:00 a.m.
(3) A draft of guidelines for review of applications for Industrial Development Revenue
bonds.
(4) A draft of guidelines for review of applications for I ndustrial Development Revenue I
bonds to be utilized for construction of housing projects.
The Commissioners requested that the two proposed guidelines be placed on the December
31 agenda for discussion.
(5) Commissioner Vant Hull noted the Commissioners had received copies of a letter from
AI Cunningham, Associate Professor in Civil Engineering at MSU, concerning class study of a
hydropower plant in Bozeman Creek. She asked if that should be placed on the agenda for
discussion.
City Manager Wysocki stated he feels this item can be handled administratively. He noted
at this time, the project is simply a class study; and if any additional City action is required,
he will place the item on the agenda. .
(6) Commissioner Vant Hull indicated in a recent conversation with Bob Sanks, Professor
at MSU, he indicated another reason for constructing a pilot water plant is that it may indicate
economical ways in which to expand the capacity of the water filtration plant.
(7) Commissioner Mathre stated she attended a Montana League of Cities and Towns
meeting last Thursday. She indicated that Lieutenant Governor Turman met with the League in
the morning and reviewed the Governor's position on the legislative program. She indicated the
Governor's office supports the concept of local option taxes, not limited to the two local option
taxes included in bills supported by the League. She stated the League discussed its position
and decided the first priority will be the bills approved at the League convention, but the
League will support other bills for local option taxes as well. The Commissioner stated that in
the afternoon session, Phil Strope, representing the I nnkeepers' Association, stated he would not I
support any bills for hotel/motel options. He indicated he would be more in favor of a state-wide
hotel/motel tax than the local option tax, but will support neither.
(8) Commissioner Jordan stated that items discussed at a recent water conference included
discussion of the revenue Montana would realize from the sale of water. He stated it has been
determined that the water in question is federal water; and Montana would realize little revenue
from the sa Ie. He then stated he feels the City should consider acquiring as much of the Hyalite
Reservoir water as possible.
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Adjournment - 5:35 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. 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.
I KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
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12-17-84