HomeMy WebLinkAbout1983-04-25
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
April 25, 1983
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, April 25, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager
Evans, 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 prayer by Commissioner
Weaver.
The minutes of the regular meetings of November 15, 1982, and Apri I 11, 1983, were
approved as corrected. Action on the minutes of the regular meeting of Apri I 18, 1983 was
delayed for a period of one week.
None of the Commissioners requested that any of the items listed under Consent Items
be removed for discussion.
Open bids - 2150 feet of five-inch fire hose
This was the time and place set for the opening of the bids for the 2150 feet of five-
inch fire hose.
The affidavit of publication for the "Call for Bids" as advertised was presented.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
bids be opened and read. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner
Mathre and Mayor Stiff; those voting No, none.
The following bids were then opened and read:
I Type of Lining Amount
Starline Equipment Company
Boise, Idaho Rubber $19,919.80
O'Donnell Fire Service
Billings, Montana Polyureathane $19,961.40
Rubber $18,491.60
Superior Fire Apparatus
Helena, Montana Rubber $18,418.00
General Fire Equipment Company
Spokane, Washington Rubber $18,685.00
City Manager Evans recommended that the bids be referred to the staff for review and
a recommendation to be submitted at next week's meeting.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the bids be referred to the City staff for review and a recommendation be submitted for next
week's meeting. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver
and Mayor Stiff; those voting No, none.
Request - permission to conduct five ki lometer run - Saturday, May 14, 1983, 9: 00 a. m. -
First Annual IIRun for the Rockiesll
City Manager Evans presented to the Commission a request for permission to conduct
I the First Annual II Run for the Rockies, II a five-kilometer run, on Saturday, May 14. 1983, at
9:00 a.m. He noted that Police Chief Tate has indicated he has no problems with granting
permission for this run. City Manager Evans then recommended that the Commission approve
this request for permission to conduct the five-kilometer run.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission grant permission to conduct the First Annual IIRun for the Rockiesll five kilometer
run on Saturday, May 14, 1983, at 9:00 a.m. The motion carried by the following Aye and
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No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner
Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
Request for permission to use $600.00 from the George Stublar bequest to the Library for
interview costs - Board of Trustees
City Manager Evans presented to the Commission a request from the Library Board of I
Trustees for authorization to transfer $600.00 from the George Stublar bequest to the Library
for interview costs involved in the selection of a new Director of the Library. City Manager
Evans recommended that the Commission approve the request for authorization to transfer
$600.00 from the George Stublar bequest to the Library for interview costs. The City
Manager then recommended that the Commission also authorize the Mayor to sign the Budget
Amendment, which would complete the requested transfer.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the request for authorization to transfer $600.00 from the George Stublar
bequest to the Library - Operations for interview costs, and authorize the Mayor to sign the
Budget Amendment to transfer the funds. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant
Hull, Commissioner Anderson and Mayor Stiff; those voting No, none.
Request - permission to hang banner across Main Street - Salvation Army for Local Salvation
Army Week - May 16-22, 1983
City Manager Evans presented to the Commission a request submitted by the Salvation
Army for permission to hang a banner across Main Street during the period of May 16-22, 1983,
in recognition of the Local Salvation Army Week. City Manager Evans recommended that the
Commission approve this request contingent upon payment of the appropriate deposit and fee
to the Building Inspection Division office. The City Manager further noted that the Salvation
Army must accept responsibility for the hanging and removing of the banner. I
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission approve the request submitted by the Salvation Army for permission to hang a banner
across Main Street during the period of May 16-22, 1983, for Local Salvation Army Week, con-
tingent on payment of the appropriate deposit and fee at the Building Inspection Division
office. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and
Mayor Stiff; those voting No, none.
Appl ication for renewal of Kennel License - Calendar Year 1983 - Joan Hudson, 418 South
Bozeman
City Manager Evans presented to the Commission an application, along with the required
fee, for renewal of a Kennel License on behalf of Joan Hudson, 418 South Bozeman, for
Calendar Year 1983. The City Manager noted that ten letters of protest on the renewal of
the Kennel License were received prior to the Commission meeting. He further noted that the
City Code states that a Kennel License may be issued by the Commission following submission
of an application and a hearing.
Mr. Maurice Jones, 211 East Story Street, stated opposition to the renewal of the
Kennel License. He noted that this property is located in a congested part of the city. He
also stated that the dogs bark. He called the Police Division five times during 1981 because
of the noise that the dogs created. Also, the type of dogs that Ms. Hudson breeds are
vicious in nature. Mr. Jones stated that he owns an apartment building adjacent to Ms. I
Hudson's property; and he does not feel that his renters should be subjected to the noise or
the mating acts of the dogs. He further noted that he has been attacked by her dogs on his
porch. He stated his concern for the safety of the children in the area, since the Longfellow
School is located on Iy a few blocks away.
Mr. Bruce Thompson, 219 East Story Street, stated that his property is located three
houses away from Ms. Hudson's property. He noted that upon several occasions, the dogs
have created problems in the neighborhood. Mr. Thompson stated that about a year ago, he
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was driving through the alley as one of the dogs was attacking two small children. He
stopped and drove the dog away from the chi Idren. He also stated that on another occasion
one of the dogs chased his daughter, and she jumped into the back of his pickup to get away
from the dog. Mr. Thompson stated that he has seen the dogs crawl over the fence on more
than one occasion. He also noted that he turned these dogs in to the Police Division about
two months ago. Mr. Thompson indicated that children in the area, and grown people as well,
I are unsafe if the dogs decide to climb the fence and attack.
Ms. Hudson was not present at this meeting to speak in support of her application or
to speak to the testimony received.
City Attorney Crumbaker-Smith stated that after the Commission has held a hearing
and after notice to the licensee, the Commission may revoke the Kennel License. She further
noted that the applicant for a Kennel License has not appeared at the Commission meetings in
the past. The City Attorney stated that notice should be given to the applicant that a large
number of protests have been received. She also noted that the Animal Control Officer should
inspect the site prior to the hearing.
City Manager Evans recommended that the Commission continue discussion of this item
until May 16, at which time a hearing could be held on this application for renewal of a Ken-
nel License.
Commissioner Weaver stated that he is concerned about the health and safety of people
in the neighborhood; and he feels that those factors should be considered in the decision-
making process for this appl ication.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
action on the application for renewal of the Kennel License on behalf of Joan Hudson, 418
South Bozeman, for the Calendar Year 1983 be delayed until after the hearing has been con-
ducted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver
and Mayor Stiff; those voting No, none.
I Acknowledge request for two (2) S ecial Improvement Districts - Gene Graf, Jr., and Gene
Graf, III - Graf's First Subdivision, econd iling
City Manager Evans presented to the Commission a request for the creation of two
Special Improvement Districts submitted by Gene Graf, Jr., and Gene Graf, III, for Graf's
First Subdivision, Second Filing. The City Manager stated that one of the requested SI D's
would provide for the installation of sanitary sewer in all of Graf's First Subdivision, Second
Filing, and the other requested SI D would provide for the installation of water and the paving
of streets in Phase I of Graf's First Subdivision, Second Filing. He further noted that the
Grafs have volunteered to establish a cash escrow account in accordance with the Commission
Resolution upon which the Commission has conducted a public hearing but has not made a
decision. Also. the First Bank has submitted a letter stating that they will bid on the bonds
for the two requested Special Improvement Districts, if they are bid during the Calendar Year
1983. City Manager Evans then recommended that the Commission acknowledge receipt of this
request and authorize the staff to proceed with the necessary steps to bring back Commission
Resolutions stating the intention to create the' two requested Special Improvement Districts.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission acknowledge receipt of the request submitted by Gene Graf, Jr., and Gene Graf,
III, for creation of two Special Improvement Districts for Graf's First Subdivision, Second
Filing, and authorize City staff to proceed with the Special Improvement District process.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
I Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff;
those voting No, none.
Acknowledge receipt of petition for vacation of alley west of North Fifth Avenue and south of
West Aspen Street, located in Tract 1 of the North Seventh Addition
City Manager presented to the Commission a petition for vacation of the alley running
east and west, lying west of North Fifth Avenue and south of West Aspen Street, located in
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Tract 1 of the North Seventh Addition. City Manager Evans recommended that the Commission
acknowledge receipt of this petition and set the public hearing date for May 16, 1983.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission acknowledge receipt of the petition for vacation of the alley running east and
west, lying west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of
the North Seventh Addition, and that the public hearing date be set for May 16, 1983. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, I
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those
voting No, none.
Acknowledge receipt of report on attendance at the joint conference of the Montana Animal
-Control Officers and the Montana Federation of Humane Societies In Billings - Connie Lien
City Manager Evans presented to the Commission a report submitted by Animal Control
Officer Connie Lien on her attendance at the joint conference of the Montana Animal Control
Officers and the Montana Federation of Humane Societies in Billings. City Manager Evans
recommended that the Commission acknowledge receipt of this report.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission acknowledge receipt of the report submitted by Connie Lien concerning her atten-
dance at the joint conference of the Montana Animal Control Officers and the Montana Federa-
tion of Humane Soci-eties, recently held in Billings. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner
Anderson, Comm iss ioner Math re a nd Mayor Sti ff; those voti ng No, none.
Authorize Call for Bids - Water System Improvements, Project Group II, Schedule I (Garfield
Trunk Water Line)
City Manager Evans presented to the Commission a request for authorization to Call for
Bids for construction of the Water System Improvements, Project Group II, Schedule I, more I
commonly known as the Garfield Trunk Water Line. City Manager Evans stated that this water
line is part of the Water System Improvements included in the $5 million Water System Revenue
Bond issue. He noted that all the easements necessary for this construction have been ob-
tained. City Manager Evans then recommended that the Commission authorize the staff to
proceed with the Call for Bids and set a bid opening date of May 16, 1983.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission authorize the staff to proceed with the Call for Bids for the construction of
the Garfield Trunk Water Line and set the bid opening date for May 16, 1983. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull,
Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those
voting No, none.
Ordinance No. 1129 - revising investigation fees for boilerroom operations and gambling
licenses
City Manager Evans presented Ordinance No. 1129, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER
3.12.190 OF THE BOZEMAN MUNICIPAL CODE AS FOUND IN ORDINANCE NO.
1123 PROVIDING FOR AN INVESTIGATION FEE WHEN APPLYING FOR A
BUSINESS LICENSE FOR BOILERROOM OPERATIONS AND GAMING ES-
TAB LI SHMENTS. I
City Manager Evans noted that the Commission had held the first reading and provision-
al adoption of this Ordinance on Apri I 11, 1983 and recommended that the Commission finally
adopt Ordinance No. 1129.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission finally adopt Ordinance 1129, revising the investigation fees for boilerroom oper-
ations and gambling licenses. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commis-
sioner Vant Hull and Mayor Stiff; those voting No, none.
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Ordinance No. 1130 - amending Chapter 2.28 of the Bozeman Municipal Code to provide for
office of City Judge
City Manager Evans presented Ordinance No.. 1130, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1130
I AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER
2.28 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR THE OFFICE OF
CITY JUDGE.
City Manager Evans noted that the Commission had held the first reading and provisional
adoption of this Ordinance on April 11, 1983 and recommended that the Commission finally
adopt Ordinance No. 1130.
Commissioner Mathre noted that the Ordinance provides for filing for election with the
Clerk of the Commission. This provision is in conflict with the State Code, which provides
for filing for election with the County Clerk and Recorder.
City Attorney Crumbaker-Smith suggested that a period be placed after "election ," and
the remainder of the sentence be stricken.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission finally adopt Ordinance No. 1130, as revised by striking the words "with the
Clerk of the Commission" in any section of the ordinance, amending Chapter 2.28 of the
Bozeman Municipal Code to provide for the office of City Judge. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No,
none.
It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that
the Commission finally adopt Ordinance No. 1130, striking the words Ilwith the Clerk of the
Commission" and substituting the words "with the office of the Gallatin County Clerk and
I Recorderll wherever it appears in the ordinance concerning the process for filing for election.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff;
those vot i ng No, none.
Chapter 2.24 of the Bozeman Municipal Code providin for
City Manager Evans presented Ordinance No. 1131, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REPEALING
CHAPTER 2.24 OF THE BOZEMAN MUNICIPAL CODE.
City Manager Evans noted that the Commission had held the first reading and pro-
visional adoption of this Ordinance on Aprj I 11, 1983 and recommended that the Commission
finally adopt Ordinance No. 1131.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission finally adopt Ordinance No. 1131, repealing Chapter 2.24 of the Bozeman
Municipal Code providing for Police Judge. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner
Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none.
I Appointment. - Judicial Coordinating Committee
Mr. John Scully tendered to the Commission the names of three members of the Gallatin
County Bar Association that he feels would serve well on the Judicial Coordinating Committee.
He submitted the names of Dick Andriolo, a former City Attorney and City Prosecutor; Jim
Moore, a former State Legislator; and Bob Rice as an alternate in the event that the other
two attorneys would be unable to attend a meeting due to prior commitments. Mr. Scully has
spoken with these three individuals, and they have indicated a willingness to serve on this
Committee.
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Mr. Scully noted that he had been placed in a difficult position during his selection
process because various members of the Commission and the City Judge recommended people
that they desired on the Committee. To avoid problems in the appointment process, Mr. Scully
then selected attorneys whom no one had recommended.
Mr. Scully then stated that the persons he has recommended have experience and the
type of temperament needed to deal with the issue. He has spoken with them about the Judicial I
Branch of the City; and each of the three recommended has indicated that he does not have
any preconceived ideas about what should be done on any of the problems that currently exist.
He further stated that he has indicated to each of these attorneys that the appointment is of
a short duration and that they will be serving at the pleasure of the Commission.
Mayor Stiff stated he feels that he and Commissioner Weaver should serve on the
Judicial Coordinating Committee with these attorneys, as they currently serve on the Audit
Committee and will be dealing with other City Court matters.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission appoint the-f611ow-i-~g to the ad hoc Judicial Coordinating Committee:
----------
MaYOF--A1fred M. Stiff
Commissioner Kenneth L. Weaver
Richard J. Andriolo, Attorney at Law
Jim Moore, Attorney at Law
Robert J. Rice, Attorney at Law, Alternate
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff;
those voting No, none.
Commission Resolution No. 2448 - policy re fire service outside City limits
City Manager Evans presented Commission Resolution No. 2448, entitled:
RESOLUTION NO. 2448
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONTANA, TO PROVIDE FIRE SERVICES ONLY INSIDE THE CITY
LIMITS AND WITHIN THOSE LEGALLY FORMED FIRE DISTRICTS WHICH HAVE
CONTRACTED FOR SUCH SERVICES WITH THE CITY OF BOZEMAN OUTSIDE
THE CITY LIMITS.
City Manager Evans stated that adoption of this Commission Resolution will deny fire
service to all structures outside the city limits, except those located within a fire district that
have contracted with the City for fire protection. This Resolution also does not affect the
Interlocal Aid Agreements that the City has to provide secondary response to fires when requested.
He further stated that the staff has researched the records, and there is no written agreement
to provide fire protection to any structure lying outside city limits. He stated that those
involved will be notified upon adoption of the Resolution that City fire protection will be
terminated. The City Manager then recommended that the Commission adopt Commission Resolution
No. 2448, establishing a policy regarding fire service outside City limits.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis-
sion adopt Commission Resolution No. 2448, establishing the policy that no City fire protection
will be provided outside city limits except to fire districts which have contracted with the city
or under the I nterlocal Aid Agreement. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull,
Commissioner Anderson and Mayor Stiff; those voting No, none.
Commission Resolution No. 2449 - proposed Capital Improvement Program for the City of I
Bozeman
City Manager Evans presented Commission Resolution No. 2449, entitled:
COMMISSION RESOLUTION NO. 2449
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A CAPITAL IMPROVEMENT PROGRAM (CIP)
CONSISTING OF A SIX (6) YEAR PLAN AND PROVIDING POLICY FOR
IMPLEMENTATION THEREOF.
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City Manager Evans stated that this Resolution is submitted to the Commission for their
consideration and possible adoption after review. The City Manager recommended that the
Commission defer adoption of the Resolution until the Commissioners have had time to ade-
quately review the proposal.
Commissioner Anderson noted that a water inventory should be listed as one of the
I long-term projects under the Capital Improvement Program.
City Manager Evans noted that water could fit under the classification for lands and
buildings or administrative improvements. He further noted that water is consumable, even
though it is an asset.
Mayor Stiff noted that with a Capital Improvement Program, it is difficult to bury
capital items that need to be funded. The Mayor noted the proposed chronology for es-
tablishing a CIP budget terminates in November. He asked if the funding for this program
would begin with Fiscal Year 1984-85.
City Manager Evans stated that funding will begin during Fiscal Year 1983-84 if the
program is adopted. He noted that the City does not know what its revenues will be until
sometime in October, after the taxable value is received from the County. Also, the Federal
Revenue Sharing program expires on September 30, 1983; and the federal government may not
act on possible continuation of the program until close to the end of their fiscal year. In
addition, the City audit will probably not be completed until some time in October. By
November, the City should know what funds are available for operations and for a capital
budget for the Fiscal Year 1983-84.
Mayor Stiff asked if there will be any capital i~ems listed in the operating budget for
Fiscal Year 1983-84.
City Manager Evans stated that the staff recommendation is that items costing under
$10,000.00 be listed in the operating budget; and those over $10,000.00 be listed in the capi-
tal improvement budget. The City Manager stated that this figure was selected because the
I State Statute requires that bids be received for any purchase over $10,000.00.
Commissioner Anderson stated that she feels a member of the Commission should be on
the committee to review proposed capital improvements and establish priorities. She noted
that a citizen is included in the proposed committee.
City Manager stated that in the past, the Commission has shown no interest on serving
on this type of committee. He stated that the composition of the proposed committee can be
revised to include a member of the Commission.
Mayor Stiff requested that this item be placed on the agenda in two weeks for further
discussion and possible action on Commission Resolution No. 2449.
Discussion - composition of Zoning Commission
Mayor Stiff stated that the Commission had previously received a request from the Zoning
Commission that one member of the City-County Planning Board and one member of the Board
of Adjustment be appointed to the Zoning Commission, in compliance with the By-Laws for the
Zoning Commission.
City Manager Evans noted that during the latest appointment process, the Commission
had decided to appoint different people to the various boards and commissions as vacancies
occur, rather than having a cross-over representation.
Commissioner Mathre stated that the Zoning Commission has requested that members of
the City-County Planning Board and Board of Adjustment be on the Zoning Commission because
they wish to maintain as much association and communication between those advisory bodies as
I possible.
City Attorney Crumbaker-Smith stated that she has not had an opportunity to review
the request.
Mayor Stiff requested that this item be placed on next week's agenda for further dis-
cussion.
B rea k - 5: 1 5 to 5: 20 p. m .
Mayor Stiff declared a five-minute break at 5:15 p.m., to reconvene at 5:20 p.m., in
accordance with Commission policy established at their regular meeting of March 14, 1983.
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Discussion of FYI items for agenda
Mayor Stiff stated that he has received calls and letters recently about receiving ci-
tations for burned out headlights and taillights. He stated that these people have indicated
that they feel that a warning should be issued prior to a citation. The Mayor stated that he
has contacted the Police Chief and found that there has been no recent change in policy on
this matter.
City Attorney Crumbaker-Smith noted that burned out headlights and taillights are a I
violation of the State Statute. The State Statute does not specify whether a warning may be
issued; but it does provide for a citation.
Commissioner Weaver noted that some communities issue a warning; and if the defective
equipment is not repaired within a specified time, the warning becomes a citation.
Commissioner Anderson stated that there will be a meeting on Wednesday concerning
the parks.
Commissioner Vant Hull asked how concerns expressed in the past few weeks will be
handled.
Commissioner Mathre indicated that she usually asks the staff and receives the answers
to her questions on an informal basis.
Commissioner Vant Hull then asked about the resolving of the Wallner Rest Home matter.
Commissioner Mathre stated that this matter will be handled in Court. She further
noted that the matter will not come to the City Commission, but is a matter that must be
handled through the Board of Adjustment and the Court system.
Mayor Stiff stated that he has received questions about the issuance of a building
permit within the 3S-foot setback from the stream bank. He asked if this matter would
become an agenda item.
City Manager Evans stated that it will be placed on the agenda following review by the
s ta ff .
Commissioner Weaver stated that he is not sure whether to proceed with the possibility I
of a con nect fee. He noted that with the construction beginning to increase again, now would
be the time to pursue a connect fee if it is deemed legal.
City Manager Evans stated that the staff can contact Helena and Wolf Point to see what
their studies have revealed to determine whether or not Bozeman should devote time to re-
searching the matter.
Commissioner Vant Hull noted that the Commission has briefly reviewed the traffic
study but has not completed an in~depth review. She also noted that the Commission should
approve or disapprove the traffic study sometime in the near future.
Acknowledge receipt of request to proceed with sale of bonds and construction of improvements
for SID's 615 and 632, created February 18,1981 and April 29,1981, respectively
City Manager Evans presented to the Commission a request to proceed with sale of bonds
and construction of improvements for Special Improvement District Nos. 615 and 632, created
February 18,1981 and April 29,1981, respectively. The City Manager noted that these SID's
are for the construction of sewer trunk lines in the Burrup Annexation and Shawnee Industrial
Park, respectively. City Manager Evans stated that the City had attempted to sell the bonds
for SID No. 615, but was unable to do so; and the bonds for SID No. 632 were contingent
upon the sale of the bonds for SID No. 615. He feels that the City staff should pursue the
matter to see if there is any interest in the marketability of the bonds.
City Manager Evans then stated that the ownership on SID No. 615 is spread, which
will minimize the risk involved. He further stated that the property in SID No. 632 is owned I
by one single person, who paid the assessment for the past year. The City Manager then
recommended that the Commission acknowledge receipt of the request and defer action for one
week to allow staff time to pursue the marketability of bonds.
Commissioner Mathre noted that the costs of construction have changed since 1981, when
the Special Improvement Districts were created. She asked if the proposed bonds would cover
the costs of construction.
City Manager Evans stated that the cost estimates indicate that the construction bids
should be within the amounts for which the SID's are created.
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It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission acknowledge receipt of the request to proceed with the sale of bonds and con-
struction of improvements for SID Nos. 615 and 632, created February 18, 1981 and Apri I 29,
.
1981, respectively, and that the staff be instructed to pursue the marketability of bonds and
present a report to the Commission at next week's meeting. The motion carried by the follow-
I ing Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull,
Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none.
Discussion - placement of items from Pedestrian/Traffic Safety Committee on agenda
Mayor Stiff stated that a letter from Mr. Norman Stone, Chairman of the Pedestrian/
Traffic Safety Committee, indicates that the Commission would consider items from the
Committee at least one month after the Committee does. He noted that Mr. Stone has
requested an opportunity to talk to the Mayor if items need to be placed on the Commission
agenda in a shorter period of time than the usual routine would allow. Mayor Stiff stated
that he desires Commission input prior to meeting with any member of the Pedestrian/Traffic
Safety Committee.
Commissioner Vant Hull stated that the Pedestrian/Traffic Safety Committee has been
sending correspondence to the City Manager. She noted that all correspondence should be
sent to the City Commission, rather than to the City Manager.
Mayor Staff stated that he will contact Mr. Stone about the placement of items from the
Pedestrian/Traffic Safety Committee on the Commission agenda.
Softball Association - Apri I 30 to May 1, 1983;
City Manager Evans presented to the Commission appl ications for Beer Licenses, along
with the required fees, on behalf of the Gallatin Valley Softball Association for the dates of
I Apri I 30 and May 1, 1983; May 7 and 8, 1983; and May 14 and 15, 1983. The City Manager
recommended that the Commission approve the applications, contingent upon receipt of the State
Beer Licenses.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission approve the applications for Beer Licenses on behalf of the Gallatin Valley Soft-
ball Association for the dates April 30 and May 1,1983; May 7 and 8,1983; and May 14 and
15, 1983, contingent upon receipt of the State Beer Licenses. The motion carried by the follow-
ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson,
Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none.
Discussion - memorandum from Planning Director re meeting on Master Plan
City Manager Evans presented to the Commission a memorandum received from Planning
Director Moss regarding a requested meeting for the Commission, City-County Planning Board
and Planning Staff concerning the Master Plan and the proposed work schedule for next fiscal
year.
Mayor Stiff stated concern about receiving advance material for the budgeting process
from the City-County Planning Staff when no one else has been given that opportunity.
City Manager Evans stated that the Commission can listen to the presentation, but
must be careful not to make any commitments until the entire budget is reviewed. He also
stated that priorities could be establ ished, subject to funding.
Commissioner Vant Hull noted that the City-County Planning Board also receives County
I funding, which the City must consider during its budgeting process.
City Manager Evans cautioned the Commission that the requested discussion must be
held during a public meeting.
The Commission set May 9, 1983 at 5: 1 5 p. m. as the date and time for the requested
meeting. The staff will contact the Planning Staff; and if the time is not satisfactory, the
staff will report back to the Commission.
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U34
Donation from MSU Fang for curbs .in downtown area
Mayor Stiff stated that Mr. David Crawford, a member of the Montana State University
Fangs, has stated that the organization would like to help with the lay-down curb program in
the downtown area. Mr. Crawford asked if a monetary donation or if a labor donation would
be better. The Mayor also stated that the Fangs have requested a presentation. He asked if
someone should attend a meeting of the Fangs or if representatives of the Fangs should be I
invited to appear at a Commission meeting.
City Manager Evans stated that the City has established a trust fund to assist in the
cost of lay-down curbs. He feels that financial contributions would be the most helpful.
Mayor Stiff stated that he will contact Mr. Crawford and submit the City's recommenda-
tion that a monetary donation be considered.
Legislative Update
City Manager Evans stated that the Legislative Session adjourned on Thursday. The
Legislature did adopt the Gas Tax Bill, which will become effective July 1, 1983. Local gov-
ernments lost the business inventory tax; and all local option tax bills were defeated. The
Governor's Block Grant may replace the motor vehicle license fee replacement revenues which
were lost, if the price of oil goes up.
Mayor Stiff asked if the City will incur any costs in the Clenlake project.
City Manager Evans stated that the City should not incur any major costs since this is
a State park. He noted that since the City donated some land, there may be some engineer-
ing costs involved in defining the area, but there should not be any additional costs.
Mayor Stiff then asked when the study of Mystic Lake Dam will begin.
City Manager Evans stated that the Water Users' Association must meet and select a
consulting engineer. He noted that the sole purpose of the study is to determine whether the
land is stable enough to rebuild the dam.
Mayor Stiff asked if the Montana League of Cities will submit a summary of the legis- I
lative session.
City Manager Evans stated that the League will submit a summary. After that summary
is received, the staff will begin the revenue estimate process.
Adjournment - 6:15 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad-
journed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre
and Mayor Stiff; those voting No, none.
ALFRED M. STIFF, Mayor
ATTEST:
Clerk of the Commission
I
04-25-83