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HomeMy WebLinkAbout1982-03-29 373 I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 29, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, March 29, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of March 22, 1982, were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Discussion - Parking problems and enforcement in vicinity of Montana State University campus City Manager Evans noted that the problems with parking enforcement in the vicinity of the Montana State University campus had been discussed previously. He requested that the Chief of Police present an update on the matter. Chief of Police Tate stated that he has placed the present Parking Attendant in the vicinity of the University campus for two hours per day, two days per week, weather I permitting. These days and hours are staggered, rather than on a fixed schedule. He noted that when students are in attendance at Montana State University, the Parking Attendant writes approximately fifty to sixty tickets during each two-hour session. When school is not in session, she may write only five to seven tickets during each session. The Chief of Pol ice noted that most of the tickets written are for parking too close to the corner; parking on the sidewalk is frequent in some areas; blocking driveways, parking too close to fire hydrants and wrong side parking are mininimal. Chief of Police Tate does not feel that any additional enforcement is needed in the area. Commissioner Weaver asked how the number of tickets written around the campus com- pares to the number written in the downtown area. He also asked how this schedule affects the parking in the downtown area. Chief of Police Tate noted that the two-hour parking in the downtown is extended to four hours for a particular period. He noted that considerably more tickets are written in the vicinity of Montana State University than in the downtown area. Commissioner Vant Hull asked if further consideration should be given to the raising of parking fees. I Chief of Police Tate noted that he feels that the raising of parking fees would help. He noted that many of the violations can, and often do, create a hazardous situation. He stated there would be no harm in raising the fees on those offenses. The Chief noted that the present fee structure is comparable to those in other cities around the state. If the proposed fees are adopted, Bozeman's fee structure would be considerably higher than those in other cities in the state. -:r'"' ~ " " ~' ! ~ ~, Ii Commissioner Weaver noted a concern about alleviating hazards to pedestrians as well as vehicular traffic at the intersections. He noted the poor visibi Iity at the corners, particularly when vehicles are improperly parked. Commissioner Anderson asked if the writing of tickets for forty hours a week in the area would pay for a Parking Attendant's salary and possible signing in the area to make people more aware of those areas in which they should not park. I City Manager Evans noted that the additional revenues would help. He recommended that the Commission consider increasing the fees for the critical violations. Chief of Police Tate noted that the Police Department needs to re-order parking tickets. He stated that it takes approximately six to eight weeks to receive the tickets after ordering, and the Department has a very low supply of tickets left. Mayor Stiff asked if the Commission has jurisdiction over the judicial branch. City Attorney Planalp stated that the Commission has the prerogative to set maximum and minimum fees. The Commission requested that this matter be placed on the agenda as soon as possible so that action may be taken prior to the re-ordering of tickets by the Police Department. Discussion - Proposal to paint mural on east side of Eagle's building for Bozeman Centennial - Mike Hoey City Manager Evans stated that the proposal to paint a high quality fine art mural on the east wall of the Eagles building has been presented to the Bozeman Centennial Committee and has received their endorsement. I Mr. Mike Hoey stated that he and Ms. Niki Glen had presented this proposal to the Eagles Lodge and have received a letter of acknowledgement from them, as well as the endorsement from the Bozeman Centennial Committee. Mr. Hoey stated that approval of the concept by the City Commission is the final step prior to the raising of monies to complete this activity. Mr. Hoey noted that Ms. Glen is a professional artist; and he is a Senior in Art at Montana State University. He stated that they would like to research the matter for a couple of months to determine what is pertinent to the community, after which they would submit a final draft to the three organizations for final approval. Ms. Niki Glen stated that the proposal is to do an outdoor painted mural after inter- viewing people to get the history of the area. If possible, she noted that a mosaic mural would be their preference. She noted that each and every mural is unique and different. Ms. Glen then presented several slides of various murals. Mayor Stiff asked how much the mural would cost and how it would be maintained once it is completed. Ms. Glen stated that a maintenance fund is established. She noted that, if high I quality paint is used and if the wall is in good condition, the mural will last twenty years without maintenance. Ms. Glen also stated that, if mosaic is used, one would have approximately one hundred years without maintenance. The original cost of a painted mural is estimated to cost $21,000.00; while a mosiac mural would cost from $100,000.00 to $300,000.00. 370 Mr. Hoey noted that they hope to have sufficient money this summer to prepare the wall so that it will be totally cured prior to placing the mural on it. Commissioner Vant Hull asked how difficult it will be to raise money for this project. Mr. Hoey stated that ten different grants are avai lab Ie through the Endowment of the Arts. Also, Ms. Glen proposed a "buy a brick" program following a count of the bricks in I the wall as a possible fund raiser. Mr. Hoey also noted that they hope to obtain the cooperation of a couple banks in Bozeman so that they may establish funds for donations, along with a detailed list of donors. This would provide an accurate accounting of the funds available and, in the event that insufficient monies are raised to complete the mural, it would then be possible to return the funds to the donors. Mr. Hoey further noted that they would appreciate City financial backing, no matter how small, for this project. Commissioner Weaver asked what the City's involvement is in this project. City Manager Evans noted that the wall is located next to a City park. Also, the two artists are asking for the City's backing as a worthwhile project for the Centennial. The City Manager recommended that the Commission endorse the proposal to place a mural on the east wall of the Eagles building in conjunction with the Bozeman Centennial in 1983, contingent upon sufficient funding. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission endorse the concept of the creation of a mural on the east wall of the Eagles building in conjunction with the 1983 Bozeman Centennial. The motion carried by the I 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 - Milwaukee Railroad Right-of-Way land acquisition Story & Church to Kaqy & Third for recreatIon purposes City Manager Evans stated that the Commission has received copies of a letter from Mr. Langel concerning the possible acquisition of the Milwaukee Railroad right-of-way from Main Street to Story Mill Road to use as an access to the Story Hills Annexation. The City Manager stated that, after listening to some of the property owners in that area, he feels the City would have difficulty in obtaining this right-of-way. He also expressed a concern about the financial Viability of using this right-of-way as an access to Story Hills. He noted that the cost of crossing the Interstate could be prohibitive. City Manager Evans recommended that the City not pursue the acquisition of the Milwaukee Railroad right-of-way from Main Street to Story Mill Road because of the opposition of landowners in the area. He further recommended that the Commission reaffirm its interest in obtaining the right-of-way from the intersection of Church Avenue and Story Street to the intersection of Kagy Boulevard and Willson Avenue, as well as that right-of-way adjacent to Lindley Park. I Mr. Erhardt Hehn, member of the Citizen Committee, stated that the Committee has up- dated the brochure on the proposed pathway. The Committee has also compiled a master ownership list; and they know where the problem areas lie. Mr. Hehn noted that Montana Power Company does not currently have any plans for use of the right-of-way. The Committee presently is doing title research, and hopes to have answers within two weeks on the owner- ship of all of the involved right-of-way. He suggested that in the interim, the Milwaukee 3 -':~;' ~ ' , Railroad be asked what price they want for the land, without ownership documents. City Attorney Plana Ip stated that he has spoken with Mr. Tyckosen IS office. He noted that the City's letter has been received, and a response should be forthcoming within the next week. The City Attorney stated that Mr. Tyckosen expressed interest in coming to Bozeman personally to conclude the City's acquisition of these portions of the right-of-way. Mr. Tyckosen also stated that it is the City's responsibility to determine the quality of the I title; and the Railroad will not furnish any of the documents. City Attorney Planalp noted that he had requested detai led figures on each tract of land along that portion of the right-of-way in which the City is interested. Mayor Stiff asked if resistance still exists in the vicinity of Kagy Boulevard and Willson Avenue. Mr. Hehn stated that he does not want polarization on this issue. He noted the desire to avoid an adversary position. He further noted that a few of the property owners are out of town and some of them I ive out of town. He stated that the Committee will contact them by telephone or mail to determine their feelings on the matter. Mr. Hehn also noted that to ex- pect the cooperation of every landowner prior to proceeding with the matter is unrealistic. He noted that one or two landowners may not cooperate; but he does not feel that the entire project should be blocked because of their lack of cooperation. The Commission reaffirmed its desire to acquire the Milwaukee Railroad right-of-way adjacent to Lindley Park and from the intersection of Church Avenue and Story Street to the intersection of Kagy Boulevard and Willson Avenue. I File report - Police Court for December 1981 City Manager Evans stated that the monthly report for the Police Court for December 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the monthly report for the Police Court for December 1981 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. Acknowledge report - Examination of Financial Statements and Supplementary Data - Montana Small Cities Grant Fund City Manager Evans presented to the Commission the Report on Examination of Financial Statements and Supplementary Data as prepared by Coopers and Lybrand. This Report is the result of the close-out audit completed on the 1979 Small Cities Grant received from the U.S. Department of Housing and Urban Development. The City Manager noted that it is nice to receive a clean opinion; and recommended that the Commission acknowledge receipt of the I Report. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the Report on Examination of Financial Statements and Supplementary Data, prepared by Coopers and Lybrand as a result of their audit of the 1979 Small Cities 3T? Grant. 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 siqn - Agreements with State Highway Department re Main Street and I Bridger Drive City Manager Evans presented to the Commission two agreements, along with sets of plans, submitted by the State Highway Department regarding Main Street and Bridger Drive. The one agreement would provide for the milling and resurfacing of Main Street from the west side of North Seventh Avenue to the west side of Wallace Avenue. The other ag reement would provide for the widening of Bridger Drive from Station 31+96.4, north of the inter- section of Griffin Drive and Bridger Drive, to the city limits. The City Manager stated that the City Attorney and City Engineer have reviewed these documents and found them to be in order; and recommended that the Commission authorize the Mayor to sign these agreements and plans. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize the Mayor to sign the Agreements and Plans with the State Highway Department regarding Main Street and Bridger Drive. 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 Authorize Mayor to sign - Contract Documents - Sanitary Sewer Improvements - SID 638 City Manager Evans presented to the Commission the Contract Documents for the con- struction of sanitary sewer improvements for Special Improvement District No. 638 in the amount of $5,890.25, awarded to White and McNeil Excavating, Inc., Bozeman, Montana, as prepared by Thomas, Dean and Hoskins, consulting engineers. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Contract Documents, and the Mayor and the Clerk be authorized and directed to sign the Contract Documents for sanitary sewer improvements for Special Improve- ment District No. 638. 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 - Amendment No. 13 to Engineering Contract with Thomas, Dean & Hoskins - Waste Water Treatment Plant City Manager Evans presented to the Commission Amendment No. 13 to the Engineering Contract with Thomas, Dean and Hoskins for the Waste Water Treatment Plant. The City I Manager noted that this amendment would increase the total Step 3 engineering services for Phase II by $3,300.00, with the total lump sum profit for Phase II increasing by $365.00. The City Manager then recommended approval of the amendment. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign Amendment No. 13 to the Engineering Contract 1',",,;' I ' '.' with Thomas, Dean and Hoskins for the Waste Water Treatment Plant. 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. Claims I Claims for the past two weeks were presented. The City Manager had 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 Anderson, seconded by Commissioner Mathre, that the claims be approved as submitted. 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. Request - permission to hold a parade for the Sweet Pea '82 festival - August 5, 1982 City Manager Evans presented to the Commission a request for permission to conduct a parade on August 5, 1982, as a part of the Sweet Pea '82 Festival. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request for permission to conduct a parade for the Sweet Pea '82 Festival, to be held on August 5, 1982. 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. Request - ~rmission to attend - Dwain Wortman - Park and Recreation Association Convention - Bozeman - pri I 12, 1982 City Manager Evans presented to the Commission a request on behalf of Dwain Wortman for permission to attend the Montana Recreation and Park Association Conference to be held in Bozeman, Montana, on April 12, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of Dwain Wortman for permission to attend the Montana Recreation and Park Association Conference to be held in Bozeman, Montana, on April 12, 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. 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. Authorize City Manager Evans to take vacation leave durinq the period May 1, 1982 through May 16, 1982, ana appoint Assistant City Manager Barrick as Acting City Manager I City Manager Evans presented to the Commission a request to take annual vacation leave during the period May 1 to 16, 1982, and that Assistant City Manager Barrick be appointed as Acting City Manager during that period. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for annual vacation leave on behalf of City Manager Evans 379 during the period May 1 to 16, 1982, and that Assistant City Manager Barrick be appointed as Acting City Manager during that period. 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 Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3 - $217,978.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $217,978.00. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $217,978.000. 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. .. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 2 - $2,400.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 2, in the amount of $2,400.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the I Wastewater Treatment Plant, Step 2, in the amount of $2,400.00. 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 - 5:10 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 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 ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission