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HomeMy WebLinkAbout1982-09-27 181 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 27, 1982 ************************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 27,1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, Acting City Manager Barrick, City Attorney Planalp and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Action on the minutes of the regular meeting of September 20, 1982 was deferred for a period of one week. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Mathre requested that the Application for a Raffle license submitted by the Fraternal Order of Eagles No. 326, for a raffle to be held on December 24, 1982 be removed for discussion. Open bids - janitorial services for Public library This was the time and place set for opening bids for janitorial services for the Public Library for the period October 7,1982 through June 30,1983. 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 Conversion to 9 months or Total Bid 39 weeks E and I Cleaning Contractors, Bozeman, Montana $18,000.00/total $18,000.00 Kept Swept Building Maintenance, Bozeman, Montana $ 125.00/week $ 4,875.00 Nelson's Building Maintenance, Bozeman, Montana $ 475.00/month plus $l,OOO.OO/year carpet cleaning $ 5,275.00 Davis Maintenance, Bozeman, Montana $ 535.00/month $ 4,815.00 Gary R. Daniels Bozeman, Montana $ 128.00/week $ 4,992.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to Staff and the library Board for a recommendation to be presented at 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. Decision - request for vacation - Kenyon Noble Lumber - portion of North Church from Juniper north to Front, East 189 feet of Hemlock between Church and Front, alley in Block 112, Northern Pacific Addition This was the time and place set for the decision on the petition submitted by Kenyon I Noble Lumber Company requesting vacation of a portion of North Church Avenue from Juniper Street north to Front Street; the east 189 feet of Hemlock Street between Church Avenue and Front Street; and the alley In Block 112 of the Northern Pacific Addition. Acting City Manager Barrick noted that no public protest was received and concurred in the recommendations of City Engineer Van1t Hul and City-County Planning Director Moss for approval of the request. 09-27-82 1 a,~: It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by Kenyon Noble Lumber Company for vacation of a portion of North Church Avenue from Juniper Street north to Front Street; the east 189 feet of Hemlock Street between Church Avenue and Front Street; and the alley in Block 112 of the Northern Pacific Addition, and instruct the Staff to prepare a Resolution to be presented to the Commission at the earliest possible date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Master Plan Amendment - Joyce Rasmussen - to chanqe land use deslqnation from Residential-Low Density to light Industrial (Bohart Lane and L Street, east quaarant) This was the time and place set for the decision on the request on behalf of Ms. Joyce Rasmussen for a Master Plan Amendment to change the land use designation on a parcel of land located at the east quadrant of the Intersection of Bohart Lane and L Street from Residential - Low Density to light Industrial. Acting City Manager Barrick recommended approval of the Master Plan Amendment. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Ms. Joyce Rasmussen for a Master Plan Amendment on a parcel of land located at the east quadrant of the Intersection of Bohart Lane and L Street from Residential - Low Density to light Industrial. 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. Commissioner Vant Hull noted that the water table In that area is high. She suggested that a "T" designation be placed on the property so that proposed uses will be reviewed by the Commission. Commissioner Mathre stated that the Commission could recommend that the Zoning Com- mission consider placing a "T" designation on the zoning for the property. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission request that the Zoning Commission consider placing a "T" designation on the zoning for this parcel of land, and instruct the Staff to forward a letter to the Zoning Commission stating such request. 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. Decision - Commission Resolution No. 2407 - final assessment - Special Improvement Sprinkling Districts This was the time and place set for the final adoption of Commission Resolution No. 2407, entitled: COMMISSION RESOLUTION NO. 2407 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A., 1979. Acting City Manager Barrick concurred In the recommendation of City Manager Evans and Director of Finance Swan that all of the resolutions levying and assessing Special Improvement Districts be finally adopted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission approve the final adoption of Commission Resolution No. 2407, levying and assessing sprinkling district maintenance costs for Special Improvement Sprinkling District Nos. 5, 6, 7, 8 and 9 In the City of Bozeman. 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. 09-27-82 183 Decision - Commission Resolution No. 2408 - final assessment - SID No. 619 - lateral water mains, Lea Avenue - Gordon Mandeville Subdivision - $24,300.00 This was the time and place set for the final adoption of Commission Resolution No. 2408, entitled: COMMISSION RESOLUTION NO. 2408 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 619 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 619. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2408, levying and assess- ing the assessments for Special Improvement District No. 619, for construction and installation of a lateral water main and appurtenances on Lea Avenue. The motion carried by the follow- 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. - pavin , storm This was the time and place set for the final adoption of Commission Resolution No. 2409, entitled: COMMISSION RESOLUTION NO. 2409 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 620 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 620. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the final adoption of Commission Resolution No. 2409, levying and assessing the assessments for Special I mprovement District No. 620, for paving and storm sewer on Blackmore Place. 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. Decision - Commission Resolution No. 2410 - final assessment - SID No. 621 - sanitary sewer trunk - Valley Unit Subdivision - $523, 753. 04 This was the time and place set for the final adoption of Commission Resolution No. 2410, entitled: COMMISSION RESOLUTION NO. 2410 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 621 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 621. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2410, levying and assess- Ing the assessments for Special Improvement District No. 621, for construction and Installation of a sanitary sewer trunk in Valley Unit Subdivision. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2411 - final assessment - SID No. 622 - trunk water supply - Valley Unit Subdivision - $315,000.00 This was the time and place set for the final adoption of Commission Resolution No. 2411, entitled: 09-27-82 18,:;, COMMISSION RESOLUTION NO. 2411 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 622 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 622. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission approve the final adoption of Commission Resolution No. 2411, levying and assess- ing the assessments for Special Improvement District No. 622, for construction and installation of water trunk mains in Valley Unit Subdivision. 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. Decision - Commission Resolution No. 2412 - final assessment - SID No. 623 - sanitary sewer - Valley Unit Subdivision $515,643.90 This was the time and place set for the final adoption of Commission Resolution No. 2412, entitled: COMMISSION RESOLUTION NO. 2412 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 623 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 623. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the finai adoption of Commission Resolution No. 2412, levying and assess- ing the assessments for Special Improvement District No. 623, for construction and installation of sanitary sewer lines in Valley Unit Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commis- I sioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, -none. Decision - Commission Resolution No. 2413 - final assessment - SID No. 624 - water mains - Valley Unit Subdivision - $525,010.93 This was the time and place set for the final adoption of Commission Resolution No. 2413, entitled: COMMISSION RESOLUTION NO. 2413 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY If'! SPECIAL IMPROVEMENT DISTRICT NO. 624 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 624. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the final adoption of Commission Resolution No. 2413, levying and assessing the assessments for Special I mprovement District No. 624, for construction and installation of water mains In Valley Unit Subdivision. 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. Decision - Commission Resolution No. 2414 - final assessment - SID No. 625 - storm drains and paving - Valley Unit Subdivision - $1,818,870.04 I This was the time and place set for the final adoption of Commission Resolution No. 2414, entitled: COMMISSION RESOLUTION NO. 2414 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 625 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO 09-27-82 185 DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 625. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2414, levying and assess- ing the assessments for Special Improvement District No. 625, for paving and the Installation of storm drains in Valley Unit Subdivision. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2415 - final assessment - SID No. 626 - sanitary sewer lateral - Stratford, West Main and Town Pump Annexations - $13,087.89 This was the time and place set for the final adoption of Commission Resolution No. 2415, entitled: COMMISSION RESOLUTION NO. 2415 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 626 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 626. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the final adoption of Commission Resolution No. 2415, levying and assess- ing the assessments on Special Improvement District No. 626, for construction and installation of a sanitary sewer lateral on the north boundaries of the Stratford, West Main and Town Pump Annexations. 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. I Decision - Commission Resolution No. 2416 - final assessment - SI D No. 627 - sanitary sewer main - Lot 1, Triangle Area Annexation - $20,904.83 This was the time and place set for the final adoption of Commission Resolution No. 2416, entitled: COMMISSION RESOLUTION NO. 2416 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 627. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2416, levying and assess- Ing the assessments for Special Improvement District No. 627, for construction and installation of sanitary sewer In Lot 1, Triangle Area Annexation. 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. Decision - Commission Resolution No-. 2417 - final assessment - SID No. 629 - sanitary sewer and water main - South 22nd Avenue, University Square Subdivision - $53,535.53 This was the time and place set for the final adoption of Commission Resolution No. 2417, entitled: I COMMISSION RESOLUTION NO. 2417 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 629. 09-27-82 lB<: It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the final adoption of Commission Resolution No. 2417, levying and assessing the assessments for Special Improvement District No. 629, for construction and installation of sanitary sewer laterals and water laterals In the University Square Subdivision. 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 pavin and storm IVlslon - This was the time and place set for the final adoption of Commission Resolution No. 2418, entitied: COMMISSION RESOLUTION NO. 2418 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 630 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 630. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2418, levying and assess- ing the assessments for Special Improvement District No. 630, for paving and construction and Installation of storm sewer on South 22nd Avenue between South 20th Avenue and Koch Street. 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. Decision - Commission Resolution No. 2419 - final assessment - SI D No. 632 - water, storm sewer drains and paving - Shawnee Industrial Park, Burrup Annexation - $6,604.79 I This was the time and place set for the final adoption of Commission Resolution No. 2419, entitled: COMMISSION RESOLUTION NO. 2419 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the final adoption of Commission Resolution No. 2419, levying and assess- Ing the assessments to defray the incidental expenses incurred for Special Improvement District No. 632, for construction and installation of a water system, storm sewer drains and paving In the Shawnee Industrial Park. 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. Decision - Commission Resolution No. 2420 - final assessment - SID No. 633 - water, storm sewer, sewer drain and paving, Professional Drive - West Main Business Plaza - $9,182.24 This was the time and place set for the final adoption of Commission Resolution No. 2420, entitled: COMMISSION RESOLUTION NO. 2420 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 633 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 633. 09-27-82 187 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the final adoption of Commission Resolution No. 2420, levying and assessing the assessment to defray the Incidental expenses for Special I mprovement District No. 633, for construction and Installation of a water main, sanitary sewer, storm drain and paving on Professional Drive in the West Main Business Plaza. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2421 - final assessment - SID No. 634 - sanitary sewer main between Babcock and College on West Main Street - $25,347.99 This was the time and place set for the final adoption of Commission Resolution No. 2421, entitled: COMMISSION RESOLUTION NO. 2421 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 634 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 634. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2421, levying and assess- ing the assessments for Special Improvement District No. 634, for construction and installation of a sanitary sewer main on West Main Street between West Babcock Street and West College Street. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Decision - Commission Resolution No. 2422 -. final assessment - SID No. 635 - sanitary sewer lateral, West Main adjacent to Block 2, Triangle Annexation - $10,880.22 This was the time and place set for the final adoption of Commission Resolution No. 2422, entitled: COMMISSION RESOLUTION NO. 2422 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 635 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 635. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the final adoption of Commission Resolution No. 2422, levying and assess- Ing the assessments for Special Improvement District No. 635. for the construction and in- stallation of a sanitary sewer lateral on West Main Street adjacent to Block 2, Triangle Annexation. 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. Decision - Commission Resolution No. 2423 - final assessment - SID No. 636 - paving Peach Street between Rouse and Wallace Avenue - $8,736.62 This was the time and place set for the finai adoption of Commission Resolution No. I 2423, entitled: COMMISSION RESOLUTION NO. 2423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 636 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 636. 09-27-82 18,':' It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2423, levying and assess- Ing the assessments to defray the Incidental expenses for Special Improvement District No. 636, for paving of Peach Street between Rouse Avenue and Wallace Avenue. 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. I Decision - Commission Resolution No. 2424 - final assessment - 51 D No. 638 - sanitary sewer - East Main Street - $7,760.65 This was the time and place set for the final adoption of Commission Resolution No. 2424, entitled: COMMISSION RESOLUTION NO. 2424 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 638 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 638. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the final adoption of Commission Resolution No. 2424, levying and assessing the assessments for Special Improvement District No. 638, for construction and installation of a sanitary sewer main on East Main Street. 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. Decision - Commission Resolution No. 2425 - lighting District Maintenance and Electrical Cur rent Cost for Special Improvement lightIng DistrIcts of the CIty of Bozeman This was the time and place set for the final adoption of Commission Resolution No. I 2425, entitled: COMMISSION RESOLUTION NO. 2425 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M.C.A.,1978. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the final adoption of Commission Resolution No. 2425, levying and assess- Ing the assessment for Special Improvement Lighting District maintenance and electrical current costs. 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. Decision - Commission Resolution No. 2426 - final assessment - SI D No. 615 - sanitary sewer- - Highway 10 - Burrup Annexation - $25,180.53 This was the time and place set for the final adoption of Commission Resolution No. 2426, entitled: COMMISSION RESOLUTION NO. 2426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the final adoption of Commission Resolution No. 2426, levying and assess- ing the assessments to defray the incidental expenses for Special Improvement District No. 09-27-82 189 615, for a sanitary sewer trunk along Highway No. lOin the Burrup Annexation. 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. Decision - Commission Resolution No. 2427 - assessment of taxes for garbage collection I This was the time and place set for the final adoption of Commission Resolution No. 2427, entitled: COMMISSION RESOLUTION NO. 2427 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE WAS COLLECTED AND REMOVED DURING THE YEAR, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2427, levying and assess- ing the assessments for collection of garbage during the fiscal year ending June 30, 1983. 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. This was the time and place set for the final adoption of Commission Resolution No. 2428, entitled: COMMISSION RESOLUTION NO. 2428 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND INSTALLING MISCELLANEOUS SIDEWALKS AND CURBS DURING THE YEAR 1978. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the final adoption of Commission Resolution No. 2428, relevying and reassessing the assessments for the 1978 Miscellaneous Sidewalk and Curb Program for the property located at 713 South 13th Avenue and currently owned by David M. and Nancy K. Ward. 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. Discussion - Mystic Lake Dam; Stockholders' meetln , designation of votin delegate and Instruct ons on voting ity s shares Acting City Manager Barrick stated that a special meeting of the stockholders of the Bozeman Creek Reservoir Company will be held on October 1, 1982 at 10:30 a.m. The main purpose of this meeting Is to consider and vote upon whether or not to breach Mystic Lake Dam and to consider submission of an application to allow greater storage capacity if the dam Is reconstructed. Commissioner Anderson noted that breaching of the dam is the first step toward recon- I structlon of the dam. She feels that every effort should be made to rebuild the dam. She noted that the City could use the water from Mystic Lake Dam for approximately the next fifty years while researching other ways of getting water. Mayor Stiff asked who will pay for the breaching of the dam. City Attorney Planalp stated that the Bozeman Creek Reservoir Company wi" pay for the breaching. He noted that the Commission must determine whether the City will pay its proportionate amount of the cost based on the six voting shares or upon the ten shares actua Ily owned. 09-27-82 ----- -------------- lS Commissioner Weaver asked what the quality of the shares owned by the City Is. He also asked If the City has had the right to one-half of the water in the reservoir in the past. City Attorney Planalp stated that all of the stocks are equal in quality. He also stated that the City has had the right to one-half of the water in the reservoir. City Engineer Van't Hul noted that the By-laws of the Bozeman Creek Reservoir Com- pany state that no one owner is allowed more than six voting shares. He stated that this By- law spreads the voting rights so that no one person can control the Association. The I City Engineer stated that breaching of the dam at the present would strengthen the City's application for DNRC grant monies for rebuilding the dam. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint City Attorney Planalp as the official voting representative of the City at the meeting of the Bozeman Creek Reservoir Company to be held on October 1, 1982 and in- struct the City Attorney to vote to breach the Mystic lake Dam. 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. It was then moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission Instruct the City Attorney to vote to approve the payment of the costs to breach the dam based on a per share basis assessed against all owners of shares on the basis of ownership, at a per share value not to exceed $500.00. The motion carried by the follow- ing 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 instruct the City Attorney to vote in favor of the proposal to apply for a beneficial water use permit to allow for greater water storage capacity if the dam Is recon- st ructed . 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. I City Engineer Van't Hul stated that approximately $6,000.00 remains in the $60,000.00 grant to study the Mystic lake Dam and the surrounding area. He stated the DNRC has suggested the hiring of three independent persons at a cost of $2,000.00 per person to review the report submitted by Christian, Spring, Sielbach and Associates and the Mystic lake Dam to determine if the report is accurate. He noted that this report would be com- pleted by November 1, 1982. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that If the proposal to hire three independent persons at a total cost of $6,000.00 is submitted, the City Attorney be Instructed to vote for the proposal; and he Is to abstain from voting on all other items covered under the financial report. 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. Discussion - policy and format for public hearings Mayor Stiff asked each of the Commissioners to state their opinions on the way in which last week's public hearings were conducted. Commissioner Anderson stated that she feels that the sign-up sheet used at the public hearing on the Bozeman Deaconess Hospital's request for vacation of streets helped the hearing to run more smoothly. She noted that It would be better to have a sheet at the back of the Commission Room so that people can sign up prior to the hearing, rather than during the public hearing. I Commissioner Mathre stated agreement with Commissioner Anderson's comments. Commissioner Weaver stated that the sign-up sheet appeared to help In conducting a smooth public hearing. He would like to reserve the Sign-up sheet for more complex Issues but not use It generally. Commissioner Vant Hull feels that when a controversial Item Is being considered or when a large number of people are Involved, the public hearing format should be used. She 09-27-82 191 also noted that suggested revisions to the draft policy statement have been previously sub- mitted. Mayor Stiff noted that the Bozeman Deaconess Hospital was well-prepared for the public hearing. He feels that the public hearing would have been smooth whether the sign-up sheet had been used or not. The Mayor also noted that some people may wish to speak but may be intimidated by a sign-up sheet. He requested that the draft policy be revised to I state that the sign-up sheet is discretionary rather than mandatory. The Mayor requested that the proposed pol icy statement be revised and presented to the Commission for further consideration. Request - transfer of monies In Centennial Trust Fund to Centennial Committee Acting City Manager Barrick presented to the Commission a request from the Bozeman Centennial Committee for transfer from the monies In the City's Centennial Trust Fund to the Centennial Committee. The Acting City Manager recommended transfer of the funds. Commissioner Mathre stated concern that the City will lose control of the monies to another group. Commissioner Weaver and Commissioner Anderson stated that they would abstain from voting because of their appointment by the Mayor to serve on the Centennial Committee. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission authorize the transfer of monies, totaling $3,380.03, from the City's Centennial Trust Fund to the Centennial Committee, and request an accounting of the use of the monies from the Centennial Committee to the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver and Commissioner Anderson ab- stained. easement - Helen A. Nash (Sourdough Road and Nash I Acting City Manager Barrick presented to the Commission a water line easement between Helen A. Nash and the City of Bozeman. This water line easement Is located along Sourdough Road and Nash Road and would be used for the construction of the new 30-inch transmission line. The Acting City Manager recommended that the Commission authorize the Mayor to sign the easement and authorize the payment of $2,600.00 for this easement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the easement with Helen A. Nash, and authorize payment of $2,600.00 for this easement. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Com- missioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Authorize Mayor to sign - water main easement - Nash-Sourdough Partnership (Sourdough Road) Acting City Manager Barrick presented to the Commission a water line easement be- tween Nash-Sourdough Partnership and the City of Bozeman. This water line easement Is located on Sourdough Road and would be used for the construction of the new 30-inch trans- mission line. The Acting City Manager recommended that the Commission authorize the Mayor to sign the easement and noted that no money Is involved with this easement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the easement I with Nash-Sourdough Partnership. 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. main easement - Helen E. Fechter (Sourdough Road) - Acting City Manager Barrick presented to the Commission a water line easement be- tween Helen E. Fechter and the City of Bozeman. This water line easement is iocated on 09-27-82 1 .",!, , .......'1 / - \...", /.. Sourdough Road and would be used for the construction of the new 30-lnch transmission line. The Acting City Manager noted that this is the final easement needed to connect with the 1957 easement and provide the necessary easements for installation of the water main. He recommended that the Commission authorize the Mayor to sign the easement and authorize the payment of $200.00 for this easement. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the Mayor and Clerk of the Commission to sign the easement I with Helen E. Fechter, and authorize the payment of $200.00 for this easement. 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. Application for Gambling License - Scoop Bar - through July 1, 1983 - 1 poker machine Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of the Gambling License for the Scoop Bar for the period ending June 30, 1983. The Acting City Manager noted that this application is for the licensing of one poker machine. Commissioner Weaver stated concern that those listed on the application are only those financially Interested in the business. He feels that the owner of the poker machine should also be listed on the application. City Attorney Planalp noted that the ordinance states that those interested in the gaming operation are to be listed. He stated that the application form should be revised. He further noted that Mr. Stocksdale, D and R Vending, has stated that he is the owner of all poker machines for which applications are being considered today. Mr. Stocksdale also noted that the bar owners understand that they would be allowed one poker machine and one card table. City Attorney Planalp further noted that historically the City has licensed only one poker machine per establishment, and recommended that the Commission follow that policy. Mr. John Hooper, owner of J.W.'s Hide-A-Way Lounge and Little John's, Inc., stated I that he has applied for two poker machines. He stated that he does not currently have a card table and feels that he could apply for two poker machines rather than two card tables. Commissioner Anderson asked if any further decisions are pending. City Attorney Planalp stated that no decisions are currently pending. He further noted that Judge Coder's judgment states that electronic poker machines are legal. The City Attorney stated that a conversation with County Attorney Don White revealed that Mr. White will file a petition in the Supreme Court on Thursday for a stay of the judgment. The City Attorney stated that a stay may be granted Immediately, may be granted at a later date or may be denied. He noted that currently the electronic machines are legal. Mr. John Hooper stated that when electronic poker machines were licensed previously, County Attorney Don White had requested that the City Commission limit the number of machines in an establishment to one. The City Commission followed that request and did license the various establishments for one poker machine and one card table. Commissioner Weaver noted that the County Attorney's request Is not binding upon the City Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License for the Scoop Bar for one poker machine for the period ending June 30, 1983. 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. Application for Gambling License - American Legion Club - through July 1, 1983 - 1 poker I machine Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling License for the American Legion Club for the period ending June 30, 1983. The Acting City Manager noted that this applica- tion is for the licensing of one poker machine. 09-27-82 193 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for one poker machine on behalf of the American Legion Club for the period ending June 30, 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. I Application for Gambling License - The Bowl - through July 1, 1983 - 2 poker machines Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling license for The Bowl for the period ending June 30, 1983. The Acting City Manager noted that this application is for the licens- ing of two poker machines and recommended that the Commission approve the licensing for one poker machine. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Gambling License on behalf of The Bowl for one poker machine for the period ending June 30, 1983. 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. Application for Gambling License - Cat's Paw - through July 1, 1983 - 2 poker machines Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling license for the Cat's Paw for the period ending June 30, 1983. The Acting City Manager noted that this application is for the licensing of two poker machines and recommended that the Commission approve the licensing for one poker machine. He further noted that the Cat's Paw has a current Gambling license. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for an additional Gambling License for one poker machine I on behalf of the Cat's Paw for the period ending June 30, 1983. 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. Application for Gambling License - J. W.'s Hide-A-Way Lounge - through July 1, 1983 - 2 poker machInes Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling License for J. W. 's H Ide-A-Way Lounge for the period ending June 30, 1983. The Acting City Manager noted that this applica- tion is for the licensing of two poker machines and recommended that the Commission approve the licensing for one poker machine. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for one poker machine on behalf of J.W.IS Hlde-A-Way Lounge for the period ending June 30, 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. Application for Gambling License - Little John's Inc. - through July 1, 1983 - 2 poker machines Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling License for Little John's, Inc., for I the period ending June 30, 1983. The Acting City Manager noted that this application is for the licensing of two poker machines and recommended that the Commission approve the licensing for one poker machine. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Gambling License for one poker machine on behalf of little John's, I ~c., for the period ending June 30, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, 09-27-82 1 Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Gambling license - Rocking R Bar - through July 1, 1983 - 2 poker machines Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling license for the Rocking R Bar for the period ending June 30,1983. The Acting City Manager noted that this application Is for the licensing of two poker machines and recommended that the Commission approve the licensing I for one poker machine. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Gambling license for one poker machine on behalf of the Rocking R Bar for the period ending June 30, 1983. 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. Discussion - possible litigation re Chapman property Acting City Manager Barrick reminded the Commission that the City recently purchased the property at the northwest corner of North Rouse Avenue and East Lamme Street. City Attorney Planalp stated that on Friday, September 24, 1982, eviction notices were served to the three persons residing at this location, to have their persons and belongings removed by 8: 00 a. m. on Monday, September 27, 1982. As of Commission meeting time, that notice has not been obeyed. The City Attorney noted that Mr. Gavin Insists that he has a signed lease, and Mrs. Chapman states that no lease exists. He stated that he needs authori- zation from the Commission to file suit if that is the Commission's desire. Mr. Gavin stated that he has an agreement with Mrs. Chapman for the rental of these units. He also stated that Mrs. Chapman applied for and received a grant through HRDC for windows for the units. He noted that he has a copy of the agreement that Mrs. Chapman signed for these windows. Mr. Gavin stated that the last page of that agreement states that the rent is set at $30.00; and he was working on Improving the units for that rent. Mr. I Gavin also noted that the units were severely damaged during the weekend when a cottonwood tree fell. He stated that the lease agreement states that the buyer will assume the responsi- bility as landlord. City Attorney Planalp stated that Mrs. Chapman did meet with H ROC to request that windows be Installed. The City Attorney also stated that he has seen copies of the agree- ments to which Mr. Gavin referred. He noted that the lease agreement does not contain the name of any individual and is therefore not a legal lease agreement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City Attorney to proceed with necessary action to remove the residents (Charles Gavin, Steve Mitchell and Homer Davis) from the property recently purchased by the City, at the northwest corner of North Rouse Avenue and East Lamme Street. 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. Request - permission to attend - Dewey Johnson and Glenn Black - Montana State Fire Chiefs' Conference and Command School - Butte, Montana - September 30, October 1 and 2, 1982 Acting City Manager Barrick presented to the Commission a request on behalf of Deputy Fire Chief Dewey Johnson and Volunteer Firefighter Glenn Black for permission to attend the Montana State Fire Chiefs' Conference and Command School to be held in Butte, Montana, on September 30, October 1 and 2, 1982. The Acting City Manager recommended I approval of this request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission request on behalf of Dewey Johnson and Glenn Black for permission to attend the Montana State Fire Chiefs' Conference and Command School in Butte, Montana, on September 30, October 1 and 2, 1982 be approved and, it being in the public Interest, their expenses be paid out of the appropriate fund. The motion carried by the following Aye and 09-27-82 195 No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Progress report - appointment of Citizens Committee to Study low-Income Housing Commissioner Anderson asked the status of the application process for the Citizens Committee to Study Low-Income Housing. I Mayor Stiff requested that the newspaper print a concise article soliciting applications. He also noted that the process Is being delayed because no applications have been received to date. Application for Raffle license - Fraternal Order of Eagles No. 326 - December 24, 1982 Acting City Manager Barrick presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Fraternal Order of Eagles No. 326 for a raffle to be held on December 24, 1982. To be raffled Is a Colt Ace National Park Commera- tive Pistol valued at $500.00. Commissioner Mathre stated concern because the prize is a handgun. She asked if the tickets will be sold to minors and what precautions are being taken. City Attorney Planalp stated that a problem may be avoided if a statement were made that only adults are eligible to win. He recommended that action on the application be de- ferred for one week and that the Staff talk to the Eagles about the application. Mayor Stiff deferred action on the item for a period of one week. Application for Gambling License - Haufbrau - through June 30, 1983 - 2 card tables (renewal) Acting City Manager Barrick presented to the Commission the application, along with the appropriate fee of $500.00, for renewal of a Gambling License for the Haufbrau for the period ending June 30, 1983. The Acting City Manager noted that this application is for the licensing of two card tables. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Gambling License on behalf of the Haufbrau for two card tables for the period ending June 30, 1983. 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. Proclamation - II FI re Prevention Week" - October 4-8, 1982 Mayor Stiff proclaimed the week of October 4 through 8, 1982 as II Fire Prevention Week" in the City of Bozeman and urged all citizens to take part in relieving hazardous conditions and making our city a safe community in which to live and work. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. 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. Acknowledge report - Broad Valleys Federation of Libraries for August 1982 Acting City Manager Barrick stated that the monthly report for the Broad Valleys Fed- eration of libraries for August 1982 appeared to be in order and recommended that It be ac- cepted . It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the monthly report of the Broad Valleys Federation of Libraries for I August 1982 and that it be brought back to the Commission next week for filing. 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. Adjournment - 6:03 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 09-27-82 1 ," .,~ ..~t '.~~ adjou rned. 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 I ATTEST: Clerk of the Commission I I 09-27-82