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HomeMy WebLinkAbout1982-12-20 ~l 'j MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 20, 1982 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 20, 1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager I 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 Math re . The minutes of the regular meeting of December 13, 1982, were approved as corrected. Commissioner Vant Hull requested that an item be added to the agenda for discussion of the Low Income Housing Committee. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - installation of dehumidification equipment at the Swim Center This was the time and place set for the opening of the bids for the installation of dehumidification units at the Swim Center. 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 I 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: Name of Bidder Amount of Bid Alternate #2 Western Modular Systems $51,778.00 $4,200.00 Bozeman, Montana Contractor's Number 4437 A Bid Bond of 10% Smitty's Plumbing and Heating $46,691.00 $5,278.00 Bozeman, Montana Contractor's Number 4383A Bid Bond of 10% Western Plumbing $46,150.00 $4,900.00 Bozeman, Montana Contractor's Number 3024A Bid Bond of 10% City Manager Evans recommended that the bids be referred to the Staff for their recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the bids be referred to the City Staff for a recommendation. 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. 12-20-82 331 Discussion - appeal of garbage assessment - Mr. Jerry Prescott, 1105 West Curtiss City Manager Evans presented an appeal on behalf of Jerry Prescott, 1105 West Curtiss, for consideration of his garbage assessment. Jerry Prescott addressed the Commission and stated his objections to the manner in which Bozeman assesses the garbage. He stated his entire garbage for a week could fit into I one grocery bag. He exhibited to the Commission photographs taken of garbage cans neighbor- ing his residence. He stated he felt it was unfair for someone such as himself who has only one small bag to pay the same as someone who has several overflowing cans. He stated he felt the garbage assessment should be based on the number of people living at a residence. Mr. Prescott also stated he felt an exemption of the garbage assessment should be granted to people over the age of 75. Mayor Stiff informed Mr. Prescott that the Commission has had similar requests in the past and they were refused. Mayor Stiff stated that testimony such as this will be taken into consideration when developing future polley. City Manager Evans stated that he sympathizes with Mr. Prescott but that the City cannot make exceptions. He stated that the only fair way of assessing garbage would be by weight. He stated he would recommend against the Commission making an exception in this matter. Commissioner Weaver noted that the present rate structure may be reviewed in June. He stated he feels that the rate structure does need to be changed but that the City needs I experience with the present rate structure before making any determinations. He noted that if the City provides relief for one person, the burden will shift to another. Mr. Prescott asked why the garbage assessment cannot be based on the number of persons living at a given residence. Commissioner Vant Hull replied that she had asked that same question and had been informed that it was not possible as families are constantly moving and the number of people is not consistent. Mayor Stiff questioned City Manager Evans whether the City knows at what point in time the ga rbage assessment rate structu re wi II be reviewed. City Manager Evans stated he did not recall that a definite date had been set for such. Commissioner Vant Hull recommended that the City Attorney be directed to ascertain if there would be any legal implications of discrimination if the City were to make exceptions in cases of hardship and/or elderly. City Attorney Crumbaker-Smith responded that she would do so. Appearance by Santa Claus I Santa Claus made his annual appearance before the City Commission. He presented candy canes to everyone in attendance. He presented the City Manager with the card game "Uno" with the explanation that the Staff can get together to have something to do. Due to the lengthy meetings of the Commission, he presented the Commissioners with a box of chocolates to eat during those meetings, with the thought that maybe the meetings will get shorter or 12-20-82 :~, .," ", "." the Commissioners will get fat. He stated he was giving the Commission a one year grace period and would leave them with the spirit of Christmas. Discussion - transfer of handling of proceeds from bequests to newly-formed Bozeman Public Library Foundation City Manager Evans informed the Commission he felt they should discuss the Cityls I responsibility in handling proceeds received from bequests to the Bozeman Public Library Foundation. City Manager Evans noted that there is some question as to whether the City may legally turn over monies to a private corporation or if it must remain custodian of those funds. He stated he felt this question must ultimately be reviewed by the City Attorney. Mayor Stiff questioned what the City Manager would recommend the Commission do at this point. City Manager Evans replied that he had not had sufficient time to review this matter. He stated he would prefer that this matter be formally turned over to the City Attorney. Commissioner Vant Hull noted there were two Library Board members in attendance at this meeting and she questioned them whether they desired to speak on this issue. Ms. Beverly Knapp, Chairman of the library Board, addressed the Commission and stated she agreed with the City Manager's opinion that this matter should be turned over to the lega I staff. She stated that the library does receive bequests and would like this issue resolved. She noted that these bequests specifically state they are to be used by the Library for its use. I City Manager Evans noted that the library Board is an administrative board with powers and duties given it by State law. Mr. John Parker addressed the Commission and stated that the State law states the Library Board is authorized to receive gifts for use by the Library. Commissioner Vant Hull suggested that the City Attorney might wish to contact other cities, such as Great Falls, who have handled similar situations. City Attorney Crumbaker- Smith stated she felt this matter is something that can easily be resolved by reading and interpreting the State law regarding same. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission refer this matter to the Staff for an opinion by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2445 - adopting new water rates (Stage II of PSC Order) I City Manager Evans presented Commission Resolution No. 2445, entitled: COMMISSION RESOLUTION NO. 2445 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING CURRENT RATES FOR WATER USER CHARGES OF THE WATER UTI L1TY DIVISION, CITY OF BOZEMAN. City Manager Evans stated it is necessary that these rates be put in place in order to meet the revenue requirements of the $5 million water bond sale. He stated these rates have 12-20-82 333 been verbally approved by the Public Service Commission. City Manager Evans noted that this rate structure was developed by Mr. Thomas of Thomas, Dean and Hoskins, Inc., in Great Falls. He recommended the Commission adopt Commission Resolution No. 2445 setting the water user rates so that the Public Service Commission can given their formal approval of the rate structure. I Commissioner Anderson questioned whether it would be possible for the public to be informed of the new rate structure in terms of dollars and cents per month. City Manager Evans stated this could be done by using minimums. Commissioner Mathre asked if a notice of the increased rates will be included in the water bills. City Manager Evans replied that the water bills are sealed in such a manner that does not allow for enclosures. He stated that a notice will be published in the media inform- ing the public of the new rate structure. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2445 establishing new water rates for 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. Commission Resolution No. 2446 - snow removal plan City Manager Evans presented Commission Resolution No. 2446, entitled: I COMMISSION RESOLUTION NO. 2446 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DESIGNATING A PLAN FOR SNOW REMOVAL FROM CITY STREETS. City Manager Evans stated that the snow removal plan outlines the City streets to be plowed first under storm conditions. He stated it will be of great benefit for City residents to be aware of these routes. City Manager Evans recommended that the Commission adopt this Resolution, or the Commission could make any amendments or deletions to the Resolution it felt necessary. Commissioner Anderson inquired as to the costs of the signing and when this plan would be in effect. Dick Holmes, Director of Public Service, replied that the total cost of the plan is estimated at $4,000 to $5,000. He stated the implementation of snow removal and signs will take place as the signs are obtained. Commissioner Vant Hull inquired as to how the City will be informed of those persons in violation of the snow removal ordinance and how the charges for removing the snow will be handled. City Manager Evans stated that generally those persons in violation will be informed by I a written notice of the penalty involved. He stated the next step would be to sign a complaint and take the matter to City Court. He stated that ultimately if the people cannot be reached, and the City does not have sufficient manpower, a contractor will be hired by the City to remove the snow. City Manager Evans stated the cost of removing the snow will become a lien against the property if not paid by the property owner. Manager Evans stated the hourly wages for City employees have been computed. 12-20-82 ,., , '1,)-: Mayor Stiff questioned if the snow removal matter will be back before the Commission as an agenda item. Commissioner Vant Hull stated that the public should be informed as to the proposed cost of the City removing snow from private property. City Manager Evans stated that the City Staff will prepare a report in this regard and bring it back to the Commission for their perusal. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2446 designating a plan for snow removal from City streets. 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. Preliminary Amended Subdivision Plat review - Lots 113A, 113B, 113C and portions of Lots 1120, 1130 and 114A of the corrected plat of Lots 112A through 114C of Riverside Greens Subdivision City Manager Evans presented a request for a Preliminary Amended Subdivision Plat review for Lots 113A, 113B, 113C and portions of Lots 112D, 1130 and 114A of the corrected plat of Lots 112A through 114C of Riverside Greens Subdivision. Assistant Planner Mike Money addressed the Commission to answer any questions the Commission might have. Mr. Money noted this request is being made due to the relocation of common boundaries of the above-mentioned lots. Mr. Money stated he had met with Mr. Walt Anderson of the Soli Conservation Service I regarding the stream bank. He stated that Mr. Anderson noted that improvements on the stream bank should be made at some future date by the homeowners. Mr. Money noted that Mr. Anderson felt uncomfortable with recommending anything at this time. City Manager Evans stated he concurs with the Planning Boardls recommendation for approval. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Preliminary Amended Subdivision Plat review of Lots 113A, 113B, 113C and portions of Lots 1120, 1130 and 114A of the corrected plat of Lots 112A through 114C of Riverside Greens 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. Acknowledge petition for annexation - Graf's First Subdivision, Second Filinq (west of Highland Boulevard and east of Graf's First SubdivIsion) City Manager presented a petition for annexation of Grafls First Subdivision, Second Filing (west of Highland Boulevard and east of Graf1s First Subdivision). He recommended I that the Commission acknowledge receipt of this petition and refer it to the appropriate staff members for comments and recommendations. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition for annexation of Grafls First Subdivision, Second Filing (west of Highland Boulevard and east of Graf's First Subdivision) and refer it 12-20-82 335 to appropriate Staff members for comments and recommendations. 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. I Proposed City-County Planning Board/City Commission meeting - Saturday, January 8, 1983 City Manager Evans presented a request on behalf of the City-County Planning Board for a proposed City-County Planning Board/City Commission meeting on Saturday, January 8, 1983. City Manager Evans asked the Commission to either confirm the proposed date of January 8 or establish an alternate date. Commissioner Vant Hull inquired as to the probable length of the meeting. Assistant Planner Money replied that he anticipated perhaps 1 to H- hours. The Commissioners were of the general consensus that the January 8 meeting date was acceptable, therefore, no alternate date was established. Discussion for sessions held at National Con ress of Cities meeting In Commissioner Mathre informed the Commission she was in possession of the booklet which describes the sessions on which cassettes are available. Mayor Stiff, Commissioner Anderson and Commissioner Vant Hull Indicated interest in several cassettes. Commissioner Vant Hull suggested that the cassettes could be kept together in a I "library" fashion so as to be available to all the Commissioners. Commissioner Mathre noted there is a $6.50 charge for each cassette. She noted that Lucille Mills from the City of Billings had attended some of those sessions in which interest was expressed. She stated she would contact Ms. Mills to determine her opinion regarding those sessions. Commissioner Mathre stated she would also compute the costs of obtaining the requested cassettes. Mayor Stiff continued this item until a future meeting. Brief report by the Assistant City Manager on air quality monitoring presently in effect Assistant Manager Barrick stated he had contacted the City-County Health Deoartment Office regarding the monitoring of air quality in Bozeman. He stated he was informed by that department there has been no problem with the air quality in Bozeman. Assistant Manager Barrick stated that the City-County Health Office submits the monitoring data to the State on a monthly basis. Commissioner Anderson inquired whether there has been any time that the air quality was of an alert status quality. Assistant Manager Barrick replied that he was informed by I the County there has been no problem with the air quality thus far. He noted the air quality is monitored every six days. Commissioner Vant Hull noted she feels the monitoring should be continued. Assistant Manager Barrick Indicated that he will continue to request reports from the Health Department regarding the air quality monitoring data. 12-20-82 ') .f ~..) .jJ Commissioner Anderson stated she was confident that Jim Heimbach would consent to addressing the Commission in this regard. Mayor Stiff stated it might be wise to also have someone from the City-County Health Office address this matter to the Commission. Commissioner Anderson expressed the opinion that she feels the City should continue receiving the monItoring data. I City Manager Evans noted that the Mayor sits on the City-County Health Board and he felt the City Staff should not get involved in the relationship between the Commission and the City-County Health Department. Commissioner Weaver stated he felt the obtaining of an authoritative answer is desir- able from the City-County Health Office as to whether additional monitoring is necessary. City Manager Evans suggested that the Commission invite the City-County Health Office to address the Commission at a regular meeting, together with Jim Heimbach as a resource person. He stated this could be scheduled as an agenda item after the first of the yea r. He recommended that the Commission direct the Clerk of the Commission to contact the appropriate persons in connection with scheduling this as an agenda item. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission direct the Clerk of the Commission to contact the City-County Health Department Board in regard to having someone address the Commission concerning air quality monitoring and that Jim Heimbach be invited to discuss this matter at the same time as a resource person. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Commissioner Anderson and Mayor StIff; those voting No, none. Discussion - Low Income Housing Committee City Manager Evans noted this item had been added at the request of Commissioner Vant Hull. Commissioner Vant Hull informed the Commission that the members of the Low Income Housing Committee had requested more direction from the City Commission regarding action on developing an application for a Community Block Grant. Commissioner Weaver noted that it had been the Advisory Committee's recommendation to develop such an application but that action on Mystic Lake Dam might affect the housing grant funds. Commissioner Vant Hull stated she understands that the question of Mystic Lake Dam will not be answered in time so that the application for the housing grant funds should not be affected. Commissioner Weaver recommended that the Committee be advised to develop an applica- I tion for a Community Block Grant. Commissioner Vant Hull noted that the Housing Committee would be meeting this week; therefore, she requested this item be brought back next week after their meeting for further discussion. 12-20-82 337 Request - authorization to use Lindley Park and the Softball Complex for Second Annual Bozeman Winter Carnival activities - January 20-23, 1983 City Manager Evans presented a request for permission to use Lindley Park and the Softball Complex for the Second Annual Bozeman Winter Carnival activities from January 20 to 23, 1983. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission grant authorization for the use of Lindley Park and the Softball Complex in connection with the Second Annual Bozeman Winter Carnival activities from January 20 to 23, 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. Authorize Mayor to sign - Contract Documents for Water System Improvements, Project Group III, Schedule I City Manager Evans presented a request for authorization for the Mayor to sign Contract Documents for the Water System Improvements, Project Group III, Schedule I. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Mayor be authorized to sign Contract Documents for the Water System Improvements, Project Group III, Schedule I. 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 File report - Broad Valleys Federation of Libraries for October 1982 City Manager Evans stated that the monthly report for the B road Valleys Federation of Libraries for October 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 Broad Valleys Federation of Libraries for October 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. File report - Broad Valleys Federation of Libraries for November 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for November 1982 appeared to be in order and recommended that it be ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the monthly report for the B road Valleys Federation of Libraries for November 1982 be accepted I and ordered filed. 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. 12-20-82 1, ". .' ~ ". File report - Police Division for June 1982 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 ordered filed. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the monthly report for the Police Division for June 1982 be accepted and ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. File report - Police Division for January through June 1982 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 ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the semi-annual report for the period January through June 1982 for the Police Division be accepted and ordered filed. 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 - 5:58 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be adjou rned. 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. STIFF, Mayor ATTEST: ) ~~~~ ;A.c Ing er 0 t e ommlssion I 12-20-82