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HomeMy WebLinkAbout1982-12-13 ") oj ...'.. . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 13, 1982 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 13, 1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of December 6, 1982, were approved as corrected. City Manager Evans requested that a short Executive Session be held to allow the City Attorney to update the Commission on the litigation involving Valley Unit Subdivision. He also requested that action on Items 5, 6 and 7 be deferred until after the Executive Session and that the items be renumbered 17F, 17G and 17H. Jerry Prescott, 1105 West Curtiss, addressed the Commission and stated he wished to protest the assessment of garbage in regard to senior citizens. He stated that he had been informed that he would be assessed for garbage "even if there was not a toothpick picked up" at his residence. He stated his garbage consists of one bag per week that weighs between 10 to 15 pounds. Mayor Stiff informed Mr. Prescott that the Commission did have a full agenda for this I meeting but that he could schedule an appearance for the following week's meeting. City Manager Evans recommended that the gentleman's name be placed on the agenda for the December 20th regular meeting. Commissioner Mathre noted to the Commission members that cassettes of the sessions held at the National League of Cities meeting in Los Angeles were available for order should any member desire to listen to any particular session. She recommended that this matter be placed as an agenda item next week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Proposed Commission Resolution No. 2442 - Encourage Gallatin County Commission to create a refuse district around and including the City of Bozeman City Manager Evans presented Commission Resolution No. 2442, entitled: COMMISSION RESOLUTION NO. 2442 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENCOURAGING THE GALLATIN COUNTY COMMISSION TO I CREATE A REFUSE DISPOSAL DISTRICT UNDER THE PROVISIONS OF SECTIONS 7-13-201 THROUGH 7-13-243, MCA, ENCOMPASSING THE CITY OF BOZEMAN AND THE RURAL AREAS SURROUNDING THE CITY OF BOZEMAN. City Manager Evans recommended adoption of this Resolution. He stated that if the Commission desired to make any changes, additions or deletions to the Resolution, they should 12-13-82 313 be considered at this time. City Manager Evans stated that a long range view should be taken when looking into the future to resolve as many problems as possible. He stated that the creation of a refuse district would be one method of dealing with the landfill problem. Commissioner Vant Hull questioned whether the County Commissioners had been contacted in this regard. I City Manager Evans stated he had discussed this matter with one of the County Commis- sioners. He stated it was his feeling that they would not be disturbed at receiving this Resolution. Mayor Stiff questioned whether anything was being negotiated with Park County as discussed at last week's meeting. City Manager Evans stated that before approaching Park County with the counter proposal, he desired to know whether this Resolution would be adopted so that he could fully inform them of the situation. He stated that he had also learned that Montana State University is stili exploring the possibility of cogeneration. City Manager Evans stated that rather than dealing with Livingston on a short term basis, he would rather deal with a long term plan. He stated that the Refuse Corporation in Livingston should be informed that the City is considering a long range solution, but if the Refuse Corporation can fit their operation into a short term range with Bozeman, the City of Bozeman will negotiate. City Manager Evans stated that if and when the County creates a refuse district, the landfill then becomes a County function. He stated that all people will then pay an equal I portion of the cost of the refuse district. City Manager Evans stated that the City should not wait until the day the landfill can no longer be used to act on this matter. He stated that the possibility of the ground water becoming contaminated demands that the City look forward to getting something in place now. Commissioner Vant Hull inquired if the City does enter into an agreement with the Refuse Corporation in Livingston and the County does create a refuse district, could the agreement be transferred to the County. City Manager Evans stated this would be possible if the County was amiable to the proposal. City Manager Evans pointed out that should Bozeman enter into a long term agree- ment with Livingston, it would kill any cogeneration proposal by Montana State University since Bozeman's garbage is needed by them for cogeneration. Commissioner Vant Hull inquired as to how close the University is to proposing such a cogeneration plan. City Manager Evans stated a date is not known to him. Mayor Stiff questioned what was the very quickest the County could have a refuse district in place. City Manager Evans stated that in order to create such a district, the County would I have to pass a Resolution of I ntent and property owners would have to be notified. He stated that it would take protests greater than 50 percent to kill such a district. He stated that it was a time consuming process and he felt there was nothing unrealistic about predict- ing a period not less than one year. City Manager Evans stated that the County may decide that it Is not in their Interests to create such a district. 12-13-82 '"' .f ',) --' Mayor Stiff inquired as to how the County might fund such a district. City Manager Evans replied that it could possibly be funded through revenue bonds. Mayor Stiff noted that he felt the proposed Resolution had been well prepared. He stated that he felt negotiations should be kept in place with the Refuse Corporation in Livingston for disposal of solid waste on a short term basis. City Manager Evans stated if the problem of landfill continues to grow, it is possible I that the present landfill site will have to be closed to all but City residents. Commissioner Weaver inquired if the City plans to proceed with negotiations with the Refuse Corporation concerning the counter proposal. City Manager Evans stated that was his intent. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2442 encouraging the Gallatin County Commission to create a refuse district to encompass the City of Bozeman. 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. Commission Resolution No. 2443 - naming 1 st Trust Company of Montana as the payinq aqent for the 1982 -Series Water Revenue Bonds and Coupons City Manager Evans presented Commission Resolution No. 2443, entitled: COMMISSION RESOLUTION NO. 2443 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NAMING 1ST TRUST COMPANY OF MONTANA AS THE PAYING I AGENT FOR THE 1982 SERIES WATER REVENUE BONDS AND COUPONS. City Manager Evans recommended the Commission adopt Commission Resolution No. 2443 naming 1 st Trust Company of Montana as the paying agent for the 1982 Series Water Revenue Bonds and Coupons. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2443 naming 1 st Trust Company of Montana as the paying agent for the 1982 Series Water Revenue Bonds and Coupons. 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. Authorize Mayor and Director of Finance to sign - Paying Agency Agreement City Manager Evans presented a request for authorization for the Mayor and Director of Finance to sign the Paying Agency Agreement regarding the terms and conditions involved in naming 1 st Trust Company of Montana as the paying agent for the 1982 Series Water Revenue Bonds and Coupons. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission authorize the Mayor and the Director of Finance to sign the Paying Agency Agreement in regard to the terms and conditions of naming 1 st Trust Company of Montana as the paying agent for the 1982 Series Water Revenue Bonds and Coupons. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commission- 12-13-82 315 Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Preliminary Minor Amended Subdivision Plat of a portion of Lot 16 of Beall's Addition to the City of Bozeman - Allen and Associates for Donald Turner I City Manager Evans presented to the Commission a request on behalf of Allen and Associates for Donald Turner for a Preliminary Minor Amended Subdivision Plat on a portion of Lot 16 of Beall' s Addition to the City of Bozeman. Mike Money, Assistant Planner, addressed the Commission to answer any questions they had regarding this matter. Mayor Stiff questioned whether there was any information in addition to the written material previously submitted. Assistant Planner Money replied there was not. Assistant Planner Money noted that the site in question Is acceptable for a Planned Unit Development. He stated he had talked with Mr. Turner; and Mr. Turner's plans are to build a duplex on the site. Commissioner Vant Hull questioned whether it was appropriate to take action on this matter before the final site plan has been reviewed by the Planning Staff. Mike Money replied that there was no need to hold up the subdivision; that the subdivision should not be contin- gent on the site plan. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Allen and Associates for Donald Turner for the I Preliminary Minor Amended Subdivision Plat on a portion of Lot 16 of Beall's Addition to the City of Bozeman, subject to the following conditions: 1. That the structure scheduled for demolition be removed prior to filing of the final plat. 2. If a common drive is to be utilized on the site, for the servicing of both properties, then it should be so illustrated on the site plan as a common access easement. Covenants will then have to be developed and recorded to provide for its maintenance. 3. That easements be clearly illustrated on the final plat. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - opinion by City' Attorney Crumbaker-$mith regarding the cancellation of an agreement with Kay Barnett of a mobile home placement City Manager Evans noted that the Commission had requested an opinion from the City Attorney at their last regular meeting regarding the cancellation of an agreement for the placement of a mobile home owned by Kay Barnett. I City Attorney Crumbaker-Smith stated she had researched this matter and it was her opinion that if the agreement is cancelled, the mobile home would then again be in violation of the zoning ordinance, since AS zoning does not allow mobile homes. She stated that the agreement does not effectively change the zoning. Ms. Crumbaker-Smith stated that she felt the agreement would not hold up if challenged by a third party. She stated she could find no easy answer or solution to this question. 12-13-82 '"' " I .~ Commissioner Weaver questioned whether the Planning Staff was in the process of amending the zone code to allow mobile homes on residential lots. Commissioner Vant Hull noted that since there is a fine line between the definition of a mobile home and a modular home, could the City recognize the home in question as being a modular one rather than a mobile. Assistant Manager Barrick noted that the definition of a modular home as defined by I manufacturers is determined by the manner in which the model is built. Commissioner Weaver inquired of John Moss, Planning Director, if it was not approach- ing the time that the City should look at the kind of structures that are permitted in "AS" zoning. Planning Director Moss stated that the Planning Staff will have a draft amending the zone code regarding the placement of mobile homes before the Zoning Commission at their January meeting. Commissioner Weaver noted the Commission cannot give a potential buyer of the home in question any assurance that the present zoning will not be strictly enforced. He stated that it could be noted to a potential purchaser that there is an amendment in process that might change the zone code to allow mobile homes in that zoning. Mrs. Kay Barnett, owner of the mobile home in question, stated that it is imperative that she sell the mobi Ie home and land to pay her creditors, or she wi" be forced to declare bankruptcy. Mrs. Barnett added that she would like to see this matter resolved in such a manner that a potential buyer can be assured that the mobile home can remain on the site. I Mrs. Barnett inquired as to the time and date of the Zoning Commission meeting. She was informed by Mr. Moss that the Zoning Commission meets at 7:00 p.m. on the fourth Tuesday of each month. Commissioner Weaver strongly recommended that Mrs. Barnett seek the advice of her attorney regarding this matter. Mayor Stiff inquired as to the possible date a decision wi" be made concerning the amendment of the zone code. Mr. Moss replied that it would probably be the first week in February before a final decision would be reached. Mayor Stiff instructed Mrs. Barnett she should, for her own information, attend the meeting of the Zoning Commission at 7:00 p.m. on January 25, 1983. Request - Preliminary Plat Extension - Tewage Subdivision - Gene Cook City Manager Evans presented a request on behalf of Gene Cook for a Preliminary Plat Extension for Tewage Subdivision. Mr. Mike Money, Assistant Planner, addressed the Commission and gave a brief history of events leading up to the request for extension of this preliminary plat. Mr. Money noted I that the Planning Staff recommends the developer receive the extension as requested. Mr. Money noted that the site of the park land for this subdivision was selected by the Park and Recreation Board and that it is not contiguous to Phase I of this subdivision. 12-13-82 317 He noted that there should be a public access easement designated as a means of access to this park land from Phase I. Commissioner Vant Hull inquired as to the acreage contained in the park. Mr. Gene Cook, the developer, replied that he thought it contained approximately H to 2 acres. Commissioner Mathre inquired as to the total acreage of the subdivision, particularly, I in Phase I. Ron Allen, representing the developer, answered that the total subdivision consists of approximately 14 acres, while Phase I consists of 4 acres. Commissioner Mathre noted that it is important that the City be given the best assur- ance that a proportionate share of the park land will be dedicated even if Phase II and III do not materialize. Mr. Money replied that arrangements can be worked out with the developer in this regard. Mayor Stiff noted that a public access easement would go along with the land, not the owner. Commissioner Anderson noted she felt the language in Condition #2, regarding the handling of final plat approval if the improvements are not installed by that time, should be stronger. She recommended that the word "should" in line four be changed to "must". Gene Cook, the developer, stated that he does not want to be required to draw the deed for the park land until all the phases are completed. Mayor Stiff inquired whether Mr. Cook would prefer to dedicate the park land up front or spread it into phases. Mr. Cook replied that he would prefer to spread it into phases. I Assistant Planner Money noted that the park land could be put into a property escrow, whereby the developer would give the City a deed for the park land, which the City would hold until such time as the phases are developed. Mr. Money stated that the deed will be made out to the City but will not be filed of record until the phases are developed. Gene Cook stated that he is agreeable to putting the park land in a property escrow. He stated that he would also like to keep the option open of creating Special Improvement Districts for installation of the improvements. City Manager Evans recommended that the extension be granted with an Improvements Agreement to be worked out to the developer's and City's mutual agreement and that the park land be dedicated and set aside in a property escrow account to the satisfaction of both parties. He stated the question of Special Improvement Districts might be part of the Improvements Agreement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Gene Cook for the Preliminary Plat Extension as recommended by the Planning Staff for Tewage Subdivision, with the park land dedication to be dealt with by means of a property escrow to protect the City's Interests and direct the I Planning Staff to draw up an Improvements Agreement to bring back to the Commission for their consideration. 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. 12-13-82 "'" .'~ ,) _... Discussion - snow removal proposal City Manager Evans presented a snow removal proposal for the City of Bozeman. He stated he had requested the Director of Public Service to come up with what the City is now doing with snow removal and alternatives of what the City can do. City Manager Evans stated it was in the City's best interest to have some type of policy dealing with this matter. Mayor Stiff noted that there are lots on Main Street where snow is not kept cleared. I Commissioner Vant Hull inquired as to what the present ordinance states regarding snow removal from sidewalks by private property owners. City Manager Evans stated that the present ordinance gives the City authority to remove the snow and assess the property owner for the charge. He stated these charges become liens against the property if not paid by the property owner. Commissioner Vant Hull then inquired if there is any allowance for the levying of fines for fallu re to remove snow. City Manager Evans stated he would have to research this ordi- nance in order to determine this. City Attorney Crumbaker-Smith stated that the ordinance does state that failure to comply with this ordinance constitutes a misdemeanor. She stated it is up to the City Court to decide the fine for such a misdemeanor. Commissioner Vant Hull stated she had talked with the Senior Citizens organization and they informed her they have five people who shovel walks for approximately forty residents who are unable to shovel the walks themselves. She stated she had also talked to Jack Boston of the Montana Job Service and he stated his agency have people available for this I task. Commissioner Vant Hull stated she also contacted Jeff Rupp of H RDC, who stated he could provide approximately five youths through his program to remove snow from walks if the City would provide the supervision. City Manager Evans stated that the sidewalks on City-owned property could utilize the offered help if it is determined no legal liability will be incurred. City Manager Evans stated that the property owners of Bozeman should be reminded by means of the media regarding the contents of the ordinance and the provisions of enforc- ing it. Commissioner Vant Hull recommended that the Staff be directed to give adequate notice to property owners through the news media regarding the ordinance requiring the removal of - snow from sidewalks and the provisions of enforcement. Commissioner Vant Hull stated that when discussing the matter of salting the streets, she had been informed by Clinton Gee, Street Superintendent, that salt was more economical and effective than sand. She stated that Livingston uses a mixture of salt and sand, with a very limited portion of salt. She questioned why Bozeman cannot do the same. Public Service Director Holmes informed the Commission that Livingston could get by I with using less salt because of the difference of climate. He stated that the use of salt is the most economical and effective way of controlling icy streets. Commissioner Anderson noted she has received complaints from numerous citizens regarding the use of salt causing damage to their cars. 12-13-82 319 Director Holmes noted that the State Highway Department also uses salt and they are responsible for salting Seventh Avenue, Main Street and Rouse Avenue. He noted there are streets which the City does salt but the City mostly salts the high use intersections. He stated that it would take 2t times more sand than salt. He noted that if sand were used instead of salt, there would also have to be more snow removal. He said that with the use of I salt, the snow is removed approximately three times per year at a total cost of $9,000.00. He stated if sand were to be used, it would require 10 to 12 times of snow removal at an approxi- mate cost of $30,000.00. Commissioner Vant Hull Inquired if the Staff could be directed to look into the use of more sand and less salt. Director of Public Service Holmes stated that the City had cut the use of salt to about half through the purchase of a spreader. Mayor Stiff stated that he would like to leave the Staff with the concern, but direct them to work out the most economical and workable solution. Commissioner Mathre inquired whether this item Is budgeted from the General Fund. City Manager Evans replied that it comes from the Street Fund. Director of Public Service Holmes noted that the City has plotted a plan as to what streets will be first opened by plowing when a storm hits. He stated that the public should be so informed. City Manager Evans stated that at the time of informing the public regarding the streets to be plowed first when a storm hits, that the property owners can also be informed I as to the provisions of the ordinance regarding the snow removal from sidewalks. Recess - 6:15 p.m. Mayor Stiff declared a recess at 6:15 p.m. to reconvene at 7:15 p.m. for completion of the routine business items. Reconvene - 7: 15 p. m. Mayor Stiff reconvened the meeting at 7: 15 p. m. for completion of the routine business items. Basic Governmental Risk Management Seminar, University of Arizona, Tucson - March 14 through March 18, 1983" City Manager Evans noted that this seminar is sponsored by PRIMA (the Public Risk and Insurance Management Association) which was started by the International City Management Association. City Manager Evans stated he thought there might be a possibility of sending someone from the City to the seminar. He stated that at the present time the City relies wholly on the commercial sector for insurance advice. He estimated the cost of the seminar at I approximately $1,000.00. City Manager Evans stated that consideration should be given to determine if it is desirable to send someone. He stated that he felt that attendance at this seminar would develop knowledge of what the City should be looking for in the way of insurance coverage. Commissioner Weaver inquired as to how much the City is presently paying for insurance. 12-13-82 ..... .I ~) {,.,. City Manager Evans replied that the City is paying from $50,000.00 to $60,000.00 per year. Commissioner Weaver noted that it would take approximately a 2 percent savings to offset the cost of the seminar. Commissioner Anderson noted that with the legal ramifications she thought the best person to send would be the City Attorney. Mayor Stiff expressed the opinion that it would be unwise to send someone new to the Staff; that the City Attorney would be overburdened. I City Manager Evans stated that he was considering the Finance Director as the person to attend the seminar. Commissioner Vant Hull stated she felt the City should request additional information regarding the seminar so that an evaluation can be made before making a decision on whether to send someone. She noted that the brochure does (1st a person to contact for obtaining monthly bulletins. City Manager Evans stated that the City Staff will request such bulletins for evaluation by the Commission. Discussion - Mayor's attendance at Mayors' Conference - Washington, D. C. City Manager Evans stated this item had been put on the agenda at the Mayor's request. Mayor Stiff informed the Commission that he had requested this item be put on the agenda for discussion as he felt the cost of his attendance at the Mayors' Conference in Washington, D. C., could not be justified in relation to the benefits received. He stated that from looking at the anticipated schedule of events, it did not appear to be a work session but I rather a meeting of politicians. He noted the cost for attending this conference had been budgeted for and that he would attend if the Commission Insists. Mayor Stiff noted he had received a mailing from the University of Pennsylvania which deals with seminars held regarding the fundamentals of budget planning and controls. He stated that the tuition for these seminars is relatively high but stated he feels these seminars would be more beneficial. He stated he has sent a request for additional information on these seminars. He noted that one session of these seminars is scheduled to be held in San Francisco in February. Discussion - Potential membership in National League of Cities' Conference of Local Energy Officials (CLEO) City Manager Evans presented a request to the Commission for membership in the National League of Cities' Conference of Local Energy Officials (CLEO). He stated the cost of this membership is $50.00. City Manager Evans recommended that the Commission authorize the expenditure of $50.00 for the membership. Commissioner Vant Hull questioned whether the City has been a member in the past. I Assistant Manager Barrick replied in the affirmative, but stated that it was previously re- ceived without charge through DOE. Commissioner Vant Hull inquired as to what person has been receiving this information. Assistant Manager Barrick answered that he had been receiving It. He added that it has been an excellent source of information and has been very beneficial. 12-13-82 321 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the membership by the City in the National League of Cities' Conference of Local Energy Officials (CLEO) at a cost of $50.00. 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 Discussion - participation by the City of Bozeman with the Urban Coalition in engaging a lobbyist - $1,500.00 contribution City Manager Evans noted that seven entities have contributed or would be contributing $1,500.00 each for the engagement of a lobbyist on behalf of the Urban Coalition. He stated that George Bousliman has been mentioned as the possible lobbyist. He stated that Mr. Bousliman is a former State Budget Director and in January will be a former Lewis and Clark County Commissioner. Commissioner Weaver noted that Mr. Bousliman is regarded as being one of the most informed individuals on local governments in the State of Montana. Commissioner Weaver inquired as to what amount the City has contributed to the organization of the Urban Coalition. City Manager Evans noted that the City initially con- tributed $1,000.00. Commissioner Mathre inquired as to where the money for the donation would come from since this item was not budgeted. City Manager Evans stated that the City Staff wi II be taking a mid-year look at the budget. He stated that the budget is flexible enough to afford I this donation. He noted that for instance, the final bill of the audit was much less than was budgeted. Commissioner Vant Hull expressed the opinion that the City should not pull out their support of the Urban Coalition at this point. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the City to contribute $1,500.00 to participate with the Urban Coalition in engaging a lobbyist. 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. Authorization to travel - Clerk of Commission Sullivan - Denver, Colorado - December 20-22, 1982 - to sign Water Revenue Bonds City Manager Evans presented to the Commission a request for authorization on behalf of the Clerk of the Commission Sullivan to travel to Denver, Colorado, on December 20, 1982, to sign the Water Revenue Bonds, returning to Bozeman on December 22, 1982. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission approve the request for authorization on the behalf of Clerk of the Commission Sullivan to travel to Denver, Colorado, from December 20 to 22, 1982, to sign the Water Revenue Bonds. 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. 12-13-82 ') ,.,J.... Application for Beer and Wine license - Baldy Mountain Ski Supply - Calendar Year 1982 City Manager Evans presented to the Commission on behalf of the Baldy Mountain Ski Supply an application, along with the required fee, for a Beer and Wine license for the Calendar Year 1982. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant temporary approval of the application on behalf of the Baldy Mountain Ski I Supply for a Beer and Wine License for the Calendar Year 1982, contingent upon the receipt of a permanent State license. 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 - air quality in Bozeman City Manager Evans noted that this item had been added at the request of Commissioner Anderson. Commissioner Anderson stated she had received several calls regarding the air quality in Bozeman. She stated she would like to know what the air quality is several days per week. She stated she would like for the City Staff to check with Jim Heimbach or wherever the monitors are located to determine this. Commissioner Anderson stated she feels this matter should be addressed before it becomes a serious problem. She noted that Missoula and Helena have adopted resolutions concerning burning of wood stoves during period of poor air quality, and that Bozeman might wish to consider such an ordinance. I Commissioner Weaver inquired whether there are monitoring facilities located in Bozeman. City Manager Evans responded that there are monitoring facilities in Bozeman but that he was unsure as to their exact location. City Manager Evans noted that the air quality situation might be a City-County problem. Commissioner Anderson requested that the City obtain weekly reports from the monitor- ing stations regarding the air quality in Bozeman. Assistant Manager Barrick stated that he thought the State only checks the monitoring devices on a monthly basis. Commissioner Weaver stated the cost of obtaining this information should be ascertained before directing such data be provided. It was recommended by Commissioner Vant Hull that the City Staff be directed to proceed with correct procedures in obtaining information from the air quality monitoring stations. Proposed traffic control - Highway 191 West (Main Mall) Assistant City Manager Barrick presented the Commission with a plan to temporarily handle the heavy traffic at the intersection of Highway 191 West and Main Mall. He stated I this plan was a result of an accident in that vicinity and numerous complaints. Mr. Barrick stated he had discussed this plan with Chief of Police George Tate. He informed the Commis- sion that Chief Tate recommended that a man be stationed to direct traffic at the intersection of West Main and College Street, and at the easterly entrance of Main Mall, along with the 12-13-82 323 appropriate placement of flashing lights and reduced speed signs. He stated the manpower would be supplied by volunteer off-duty policemen. Assistant Manager Barrick noted that this plan would be in effect from 11 :00 a.m. to 9: 00 p. m. on the dates of December 17 and 18 and from 11: 00 to 6: 00 on Sunday, the 19th, and Friday, the 24th. He noted that Chief Tate estimated the cost of the proposed manpower I at an amount of $816.00. Mr. Barrick stated he had contacted the Sheriff's Office and the Highway Patrol in regard to supplying manpower. He stated they had informed him they do not have adequate staff to participate. Assistant Manager Barrick noted that the Highway Department had agreed to do additional sanding in this area. Assistant Manager Barrick stated he had also asked Main Mall to participate in the cost of this proposed plan. He stated that the Mall was agreeable, but was concerned that by paying one-half or more of the cost they would be liable if an accident should happen. He noted they agreed to paying an amount of $350.00 toward the cost of the manpower. Commissioner Anderson noted she has received numerous complaints concerning the situation at this vicinity. She noted she still wonders why a traffic light has not been installed. Commissioner Weaver noted that when the City previously approached the Highway Department concerning this Intersection, the Highway Department had stated there was not a vol ume of need. I Commissioner Vant Hull inquired whether the City can permanently reduce the speed limit to 20 or 25 miles per hour. Commissioner Weaver suggested that the City request the Highway Department to sign the area as a 25 miles per hour zone to some point west of Main Mall. Assistant Manager Barrick stated he had spoken to Dick Holmes regarding this matter and Dick had recommended stationing patrol cars with flashing lights as people have more of a tendency to slow down for flashing lights than for a sign. City Manager Evans recommended that the Commission adopt a Resolution regarding the placement of a traffic light at this intersection and that said Resolution be circulated throughout the Capitol area. Commissioner Weaver questioned the purpose of stationing a man at this intersection if the area is to be signed at 25 m.p.h. Assistant Manager Barrick stated that the signs and flashing lights would be for the purpose of slowing down the traffic and the patrolman so stationed was to direct the traffic In and out of the Mall. Mayor Stiff noted that the Commission has addressed the matter of a traffic light at this intersection a number of times. I Commissioner Weaver noted that one of the reasons the Highway Department gave for not installing a traffic light was that it would increase the hazard. He stated that the reduced speed limit signs could be installed without increasing the hazard. It was noted by Commissioner Weaver, that the City should urge the State to post the installation of 25 m. p. h speed zone signs to some point west of Main Mall. 12-13-82 . '} . . . .'~ 4;;"',,, Mayor Stiff expressed the opinion that if the traffic is slowed to 25 miles per hour, personnel would not be needed In the street. Karen Datko, Bozeman Daily Chronicle, inquired of the Commission as to what agency had approved the accesses onto the Highway at Main Mall. Assistant Manager Barrick stated that the State Highway Department had approved the accesses. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission authorize the City staff, If it is within the Cltyls jurisdiction, to impose a 25 m.p.h. speed zone to some point west of Main Mall. If not, the City should urge immediate action by the State Highway Department to impose such a speed restriction to some point west of Main Mall. Assistant Manager Barrick stated that the Highway Department might be adverse to posting the reduced speed limit if the patrolmen are not posted to direct the traffic. Commissioner Vant Hull stated she was opposed to the City paying for Main Maills problem. She noted that if policemen are needed to control traffic there, Main Mall should pay for the policemen's overtime. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the motion be amended to Include the authorization of posting two patrolmen to direct traffic at a total cost of $816.00, of which $350.00 is to be reimbursed by Main Mall, if contingent upon the State Highway Department posting the reduced speed signs. The motion to amend the main motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Anderson and Mayor Stiff; those voting No being I Commissioner Vant Hull. The main 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 nformation item - closure of City Hall and all activities except essential services on December 24, 1982 (Christmas Eve) and December 31, 1982 (New Year1s Eve) City Manager Evans reminded the Commission that it is a State law that employees must be granted the day off before or after a holiday when the hOliday falls on their regular day off. He stated that therefore the City Hall offices will be closed on December 24, 1982 (Christmas Eve) and December 31, 1982 (New Year's Eve). He noted that County offices will also be closed on these days. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission recognize the closing of City Hall and all activities except essential services on December 24, 1892 (Christmas Eve) and December 31, 1982 (New Yearls Eve). T he mot Ion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, I Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Executive Session - litigation At this point of the meeting, all persons except the designated City staff and Com- mission members were asked to leave the room for the purpose of holding an Executive Session regarding litigation. 12-13-82 . 325 . The meeting was opened to the public following the Executive Session for the following continuation of business. Commission Resolution No. 2L.40 - certifying delinquent assessments City Manager Evans presented Commission Resolution No. 2440, entitled: I COMMISSION RESOLUTION NO. 2440 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1982, AND UNPAID AS OF THAT DATE, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT I NST ALLMENTS FOR THE ABOVE-NAMED DELI NQUENT ASSESSMENTS, UNPAID AS OF NOVEMBER 30,1982, ALSO DELINQUENT, PURSUANT TO SECTIONS 7-12-4182 AND 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans recommended adoption of Commission Resolution No. 2440 which would call for certification of all delinquent assessments. City Manager Evans noted that if this resolution is adopted, the City wi II certify to the County those delinquencies. He stated these delinquencies must be paid within three years or the property can be sold for the assessments. City Manager Evans stated that upon certification to the County, these delinquencies become a County problem. Commissioner Mathre questioned whether anyone had filed an appeal form for consider- ation of their delinquent assessment. City Manager Evans replied that he had talked to no one and to his knowledge, no one had filed an official appeal form. I Mayor Stiff noted there were quite a number of small amounts listed as delinquent. He inquired whether these could be garbage assessments. City Manager Evans replied in the affirmative, stating that all delinquent assessments, including garbage, lighting and sprink- ling, had been listed. Mayor Stiff inquired as to the difference between Commission Resolutions 2440 and 2441. City Manager Evans stated that action could only be taken on one of them. He stated that Commission Resolution No. 2440 calls for the certifying of all delinquent assessments while Commission Resolution No. 2441 calls only for the certifying of 1982 delinquent assess- ments. City Manager Evans stated he was recommending the adoption of Commission Resolution No. 2440. Commissioner Weaver questioned if an Individual pays all his delinquent assessments, if his account can be reinstated. City Manager Evans stated that the Commission may reinstate an account. He stated that reinstatement of an account is not automatic upon the payment of del inquent assessments. City Manager Evans noted that Agenda Item 17H, a proposed Commission Resolution, if adopted would give the City Manager and Di rector of Finance the authority and means to deal with reinstatement of SI D's onto City books. I Mayor Stiff inquired if City Manager Evans was recommending the adoption of Commission Resolution No. 2440. City Manager Evans replied that was correct. He stated that if Commis- sion Resolution No. 2440 is adopted, he will request that Agenda Item 17G, Commission Resolution No. 2441, be withdrawn from the agenda for consideration. 12-13-82 3 ,',. '.L... It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2440 certifying all delinquent assessments. 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. Commission Resolution No. 2441 - certifying delinquent 1982 assessments only I City Manager Evans requested that this resolution be withdrawn. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that Commission Resolution No. 2441 be withdrawn from the agenda. The motion passed with 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 - draft of Commission Resolution No. 2444 - proposed means to deal with reinstatement of SID's on City books City Manager Evans presented Commission Resolution No. 2444, entitled: COMMISSION RESOLUTION NO. 2444 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO ORDER ASSESSMENTS DECLARED DELINQUENT PURSUANT TO SECTION 7-12-4183 (2), M.C.A., TO BE WITHDRAWN FROM THE COUNTY TREASURER. City Manager recommended that the Commission adopt Commission Resolution No. 2444 I as a means to readily reinstate a taxpayer onto City books when delinquent assessments are paid. Mr. Evans noted that at the recommendation of Attorney Planalp a sunset clause has been made a part of the resolution. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2444 as a means to deal with the reinstatement of SID's on City books. 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. Authorize Mayor to sign - Request for Reimbursement - WWTP - Step 3, Phase II, EPA C300208-26 - PartIal Payment Kequest No.9 - $196,089.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plant, Step 3, Phase ". This is Partial Payment Request No.9 in the amount of $196,089.00. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Mayor be authorized to sign the Request for Reimbursement from EPA for the Waste Water I Treatment Plant, Step 3, Phase", in the amount of $196,089.00. 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. 12-13-82 321 Authorize Mayor to sign - Request for Reimbursement - WWTP - Step 3, Phase I, EPA C300208-24 - Partial Payment Request No. 16 - ~137,511.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Waste Water Treatment Plan, Step 3, Phase I. This is Partial Payment Request No. 16 in the amount of $137,511.00. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Request for Reimbursement for the Waste Water Treatment Plant, Step 3, Phase I, in the amount of $137,511.00. 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. Authorize Mayor to sign - water line easement - Bozeman livestock Company - water line replacement City Manager Evans presented to the Commission an easement for a water line from the Bozeman livestock Company for the replacement of a water line. He noted that the Commission had authorized the replacement of this line at their regular meeting held on October 12, 1982. City Manager Evans recommended that the Mayor be authorized to sign this water line easement. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the water line easement with the Bozeman Livestock Company for a water line replacement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, I Commissioner Mathre and Mayor Stiff; those voting No, none. Appl ication for Raffle License - Bridger Bowl Ski Patrol - February 11, 1982 City Manager Evans presented an application, along with the required fee, on behalf of the Bridger Bowl Ski Patrol for a raffle to be held February 11, 1982. To be awarded are: a mini ski pass at a value of $110.00; downhill skis at a value of $300; ski bindings at a value of $145.00; a portable cassette stereo at a value of $100.00; and a set of hardwood cutlery at a value of $12.50. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for Raffle license on behalf of Bridger Bowl Ski Patrol for a raffle to be held February 11, 1982. 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. Fi Ie report - Building I nspection Division for November 1982 City Manager Evans stated that the monthly report for the Building Inspection Division I for November 1982 appeared to be in order and recommended that it be ordered filed. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Building I nspection Division for November 1982 be accepted and ordered filed. 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. 12-13-82 1,' "',.".~ Acknowledge report - 8 road Valleys Federation of Libraries for October 1982 City Manager Evans stated that the monthly report for Broad Valleys Federation of Libraries for October 1982 appeared to be in order and recommended that It be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the monthly report for B road Valleys Federation of Libraries for October 1982 be acknowledged and that it be brought back to the Commission next week for filing. The motion carried by I 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. Acknowledge report - B road Valleys Federation of libraries for November 1982 City Manager Evans stated that the monthly report for Broad Valleys Federation of Libraries for November 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for B road Valleys Federation of Libraries for November 1982 be acknowl- edged 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 Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Acknowledge report - Police Division for June 1982 I City Manager Evans stated that the monthly report for the Police Division for June 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the monthly report for the Pollee Division for June 1982 be acknowledged 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. Acknowledge report - Police Division - Semi-annual report City Manager Evans stated that the semi-annual report for the period January through June 1982 for the Police Division appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the semi-annual report for the period January through June 1982 for the Police Division be accepted 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, I none. Claims Claims for the past two weeks were presented. The City Manager stated he had 12-13-82 329 checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the claims be approved for payment as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner I Anderson, Commissioner Mathre and Mayor Stiff; those voting No. none. Application for Raffle license - Fraternal Order of Eagles No. 326 - March 1, 1983 City Manager Evans presented an application for Raffle license, along with the re- quired fee, on behalf of the Fraternal Order of Eagles No. 326 for a raffle to be held on March 1, 1983. To be raffled is a hot tub with a value of $1,995.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for Raffle license for the Fraternal Order of Eagles No. 326 for a raffle to be held March 1, 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. Adjournment - 9:32 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be I adjourned. 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. ALFRED M. ST I FF, Mayor ATTEST: At~o~~n I 12-13-82