HomeMy WebLinkAbout1982-05-24
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 24, 1982
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, May 24, 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 Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Mathre.
The minutes of the regular meeting of May 17, 1982 will be brought back next week
for action.
Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed
under Consent Items for discussion. Commissioner Mathre requested that the Agreement for
trade of a 40-foot strip of land on North Seventh Avenue and Oak Street be removed for
discussion. Mayor Stiff requested that Commissioner Mathre's report on her attendance at the
Montana League of Cities and Towns meeting in Helena, Montana, on May, 15, 1982 be re-
moved for discussion.
Introduction of new Fire Chief
I City Manager Evans introduced new Fire Chief Lee Lewis to the City Commission and
stated that he wi II accept h is new duties on June 1, 1982. He stated that Lee has had an
outstanding record with the Fire Department during his twenty years of service. The
Selection Committee unanimously felt that Lee was the outstanding candidate for the position
of Fire Chief.
Lee Lewis stated his appreciation for this opportunity and noted that he will continue
to try to have as fine a Fire Department as the City has had in the past.
Presentation b
allatin Valle
0 Bozeman
Mr. and Mrs. Oswell, Newcastle upon Tyne, England, presented to Mayor Stiff a letter
of greeting from the Lord Mayor of Newcastle upon Tyne and a small plate by which to
remember the people from Newcastle upon Tyne. Mrs. Oswell stated that they have met many
Montanans and hosted 100 people from Montana two weeks ago on the Friendship Force I nter-
national and are happy to be in Bozeman.
Mayor Stiff thanked Mr. and Mrs. Oswell for the letter and the plate. He expressed
I appreciation for their presence in our community. Mayor Stiff then read the letter from the
Lord Mayor of Newcastle upon Tyne. England.
Decision - Municipal Housing Authority
This was the time and place set for a decision on the petition for a Municipal Housing
Authority.
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City Manager Evans recommended that the Commission deny the creation of a Municipal
Housing Authority. He noted that, in compliance with State law, a resolution must be
adopted following a decision on this matter.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission deny the petition for a Municipal Housing Authority and that the City Attorney be
instructed to prepare a resolution for denial as specified in the Montana Codes Annotated. I
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor
"Stiff; those voting No, none.
Decision - proposal from the Bozeman Fair Housing Cooperative
This was the time and place set for a decision on the proposal from the Bozeman Fair
Housing Cooperative.
City Manager Evans recommended denial of the proposal submitted by the Bozeman Fair
Housing Cooperative, primarily on the fact that the financial considerations of the cooperative
do not seem to be viable at this time.
Commissioner Weaver expressed support for the City Manager's recommendation. He
noted that this does not mean that the problem does not exist or will solve itself. He would
like to determine whether or not adequate housing exists in Bozeman for low-income people
and address the problem if there is one.
City Manager Evans suggested the formation of a committee to explore the need for I
low-income housing in Bozeman and the extent of that need. He also suggested that the
committee might research any means available to finance such a venture.
Commissioner Anderson thanked the Bozeman Fair Housing Cooperative for making the
Commission aware of a possible shortage of low-income housing in Bozeman.
Mayor Stiff noted that this is a bad economic time. He noted that he feels a con-
tinuing commitment to resolve low-income housing problems which may exist.
Commissioner Vant Hull stated that, after looking at the issues and the renovation nec-
essary, she feels that the rents would double. She does not feel that this is the time, and
Legion Housing is not the place to find more low-income housing. She thanked the Cooperative
for their presentation and making the Commission aware that there are people who need low-
income housing in this community.
Commissioner Mathre noted that she has not questioned the need for low-income housing.
She noted that the cost of renovation of the Legion Housing is prohibitive.
Commissioner Weaver noted concern about the risks involved in living in Legion
Housing. He sought to get assessments on the safety of these structures from the tenants at
the discussion and was not reassured. I
Mayor Stiff noted that the City has had a covenant for 35 years with the neighbors in
the area which expired 25 years ago. The Legion Housing was to be a terminal project.
Also, he does not believe that it would be cost effective to renovate the housing.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission deny the proposal from the Bozeman Fair Housing Cooperative for rehabilitation of
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the Legion Housing. 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.
Proposed ordinance - City residency requirement
I City Manager Evans presented Ordinance No. 1108, entitled:
ORDINANCE NO. 1108
AN ORDINANCE ESTABLISHING RESIDENCY REQUIREMENTS FOR EM-
PLOYMENT BY THE CITY OF BOZEMAN, MONTANA, AND REPEALING
ORDINANCE NO. 1015.
City Manager Evans noted that this ordinance would change from the existing residency
ordinance, which sets a three-mile radius from the city limits to a twenty-minute response
time from the place of residence to an employee's place of employment. The City Manager
noted that this proposed change is the result of a request from the Teamster's Union, sub-
mitted during negotiations.
City Manager Evans stated that he has spoken with Divisionl Department Heads, and
they do not see any problems with this response time. He feels that the City can continue to
operate efficiently with the proposed response time. The City Manager recommended adoption
of the ordinance.
Commissioner Vant Hull asked if the policy should be reviewed each year.
City Manager Evans stated that he would support an annual review of the residency
I requirements.
Mayor Stiff asked how much further out this would place the circumference of the
ci rcle.
City Manager Evans stated that an employee may be able to live as far as ten miles
outside the city limits, depending upon the location of the residence and his work station.
The City Manager noted that there is more traffic in certain areas than in others. He stated
that the response time would be measured by the time required to drive from the employee's
residence to his work station during fair weather, obeying all traffic rules.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission adopt Ordinance No. 1108, establishing residency requirements for employment by
the City of Bozeman. 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.
Discussion - Small Cities CDBG Program - John Moss
City Manager Evans recommended that the Commission appoint a Citizens Committee as
I soon as possible to suggest proposals and submit priorities for proposals to the Commission.
As soon as these steps are completed, the Commission should schedule a public hearing to ob-
tain further input to the application process, to comply with the requirements of the block
grant program. The City Manager recommended that each Commissioner submit names of one
or two citizens he or she feels would do a good job on the Citizens Committee for possible
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appointment by the Mayor. He feels that one committee would be sufficient, but it should
have broad representation from the community.
Planning Director John Moss stated that the block grant application must be submitted
in early August. He noted that the Staff will need considerable time to complete the paper-
work after the Commission sets the priorities. Mr. Moss also noted that one Citizens
Committee would be the best approach and noted that it should be representative of those I
areas where projects may be located.
Commissioner Mathre noted that any suggested project should benefit low- or moderate-
income people. She feels that the need for interested people to serve on the Citizens Com-
mittee should be well publicized by the media. She also noted that the suggested committee
size be five to seven persons.
Commissioner Weaver stated that he is not sure that small a committee would be repre-
sentative of the areas involved.
Mayor Stiff requested that each Commissioner submit two names for possible committee
members and that this matter be placed on the agenda next week, for the appointment of a
Citizens Committee.
Discussion - purchase of Milwaukee Railroad riqht-of-way - Church and Story to Third and
Kagy for linear park
City Manager Evans noted that the Commission has discussed the possible acquisition of
a portion of the Milwaukee Rai Iroad right-of-way for a linear park to be used mainly for
jogging, walking and using non-motorized vehicles. He stated that the Milwaukee Railroad I
has offered a 50-foot wide strip of the right-of-way from the intersection of Church Avenue
and Story Street to the intersection of Third Avenue and Kagy Boulevard to the City at a
purchase price of $10,830.00. The City Manager noted that this offers seems reasonable;
feels that this is an opportunity that the City will probably not have again.
Mr. Erhardt Hehn stated that he enjoys watching people. He has observed people
using this trail, even when the trains were in use. He does not think we can solve our
social problems by fencing others out, because we only fence ourselves in.
Mr. Don Weaver presented to the Commission his report on the Rotary Club project,
which was reviewing the property titles. He noted that Brad Stratton, American Land Title
Company, has reviewed the report. Mr. Stratton agrees that there should be little or no
problem in quieting title in this right-of-way. Mr. Weaver stated that there are approxi-
mately 6.2 acres of land along this section of the right-of-way, and he feels that the Rai Iroad
has offered a very fair price. He noted that the City could keep a 15-foot strip and sell the
remaining 35 feet back to the adjacent property owners at a cost to include acquisition costs
plus other costs involved in quieting title. I
Mr. Weaver reviewed the possible route for the linear park trai I, which would follow
the right-of-way to Langohr Park, wind over to Kagy Boulevard, and connect with the Sour-
dough Trail. He also noted that to purchase a 50-foot corridor could form small islands of
right-of-way on either side. He suggested possibly negotiating with the Milwaukee Railroad
to include these areas in the purchase.
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City Manager Evans stated that the City has approximately $70,000.00 in the Parkland
Trust Fund, to be used for acquisition and initial construction of parklands. The City
Manager concurred that the City should acquire whatever width of right-of-way it can. He
noted that to leave islands of land would probably present problems in the future. The City
Manager stated that monies received from the resale of this right-of-way would go directly
I back to the Parkland Trust Fund.
Mr. Carroll Henderson stated that he is an adjacent property owner on the west side
of the right-of-way from Cleveland Street to Grant Street, with the exception of thirty feet
near Grant Street. He noted that he presently leases the entire length of this right-of-way,
including the thirty feet. Mr. Henderson stated that he is willing to have the City purchase
the right-of-way and is willing to purchase back a portion of that right-of-way, including the
thirty feet which he now leases. He noted that this provides access to the back of his
apartment complex. Mr. Henderson supports the development of a linear park, with the
stipulation that no motorized vehicles be allowed.
Mr. Herbert Kirchhoff, adjacent property owner, stated that a portion of his objection
has been alleviated by Mr. Weaver's proposed linear park route. He stated that the adjacent
property owners he represents support the City's purchase of the right-of-way, but they op-
pose a linear park between Willson Avenue and Third Avenue. They would be willing, however,
to purchase the entire right-of-way from the City. Mr. Kirchhoff stated that if the City does
purchase the right-of-way between Willson Avenue and Third Avenue and does develop a
I linear park through that area, the adjacent property owners will not purchase any portion of
the right-of-way, and the City wi II have to maintain the entire 50-foot width. He also noted
that maintenance costs must be considered in the development of a linear park.
Mr. Ron Newvi lie, 1536 South Grand, stated that he owns 130 feet adjacent to the
right-of-way. Mr. Newville stated that he has contacted six other adjacent propety owners in
the area and that all are adamantly opposed to the creation of a linear park. Mr. Newvi lie
noted that he wants a secluded backya rd. Mr. Newville expressed support for the City
purchasing this section of the right-of-way and stated that he would be willing to purchase
that portion which is adjacent to his property. He noted that the people owning property
from Willson Avenue to Third Avenue are adamantly opposed to a linear park through that
area and that if a linear park is developed through that area, they will purchase no part of
the land. Mr. Newvi lie also noted that the Park Department is undermanned at the present
time and questioned how they would be able to maintain this linear park when they have
problems maintaining those parks which are presently developed.
Mr. Louis Barrett, 1712 South Willson Avenue, stated that Mr. Weaver's presentation
removed a number of concerns. Mr. Barrett questioned the wisdom of extending the linear
I park to Third Avenue, with the combination of vehicles, bicycles, joggers and pedestrians.
Mr. Barrett noted that area residents sometimes use the right-of-way to gain access to their
backyards. Also, utility vehicles use the right-of-way as a convenience in servicing their
equipment, which is located along the back property line.
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Mr. Don Weaver noted that everyone seems to support the City purchasing this right-
of-way. He noted that President Tietz from Montana State University had shown interest in
participating with the City in purchasing the Milwaukee Railroad right-of-way to the south
and west of the intersection of Third Avenue and Kagy Boulevard.
City Attorney Planalp stated that the Milwaukee Rai Iroad wants more money for the
portion of the right-of-way in which the University is interested. He noted that Montana I
State University wants to use the City as an instrument in purchasing this portion of the
rig ht-of-way . He noted that it would take little effort for the City to acquire this section of
the right-of-way as well.
Mr. Erhardt Hehn stated that the extension of the linear park trai I from Lincoln Street
to Kagy Boulevard would provide an opportunity to connect to the Sourdough Trail. If
Langohr Park were completed in the future, it would also provide a small loop for individuals
to walk. Mr. Hehn suggested that the City consider keeping the 50-foot wide strip between
Willson Avenue and Third Avenue and let it grow in its natural state, which would provide
screening to the neighboring properties.
City Manager Evans recommended that the Commission authorize the extension of an
offer to the Milwaukee Railroad for the acquisition of the right-of-way from the intersection of
Church Avenue and Story Street to the intersection of Third Avenue and Kagy Boulevard;
authorize the City Manager to contact Montana State University representatives to find out if
they are interested in an extension of the right-of-way to be acquired and a possible joint
venture to purchase that section; and authorize the City Manager to hire a reputable appraiser I
to determine the value of the right-of-way from Main Street to the intersection of Church
Avenue and Story Street, after which the City could extend an offer for that section as well.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission authorize and instruct the City Manager to make an offer to the Milwaukee Railroad
for the right-of-way from the intersection of Church Avenue and Story Street to the inter-
section of Third Avenue and Kagy Boulevard, including small islands of land which would be
created by purchase of a 50-foot corridor. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant
Hull, Commissioner Anderson; those voting No being Mayor Stiff.
It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that
the Commission authorize and instruct the City Manager to hire an appraiser to determine the
fair value of the Milwaukee Railroad right-of-way between Main Street and the intersection of
Church Avenue and Story Street with the idea of negotiating a fair price. 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
It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that
the Commission authorize and instruct the City Manager to meet with officia Is from Montana
State University to determine their interest in a possible joint venture to obtain the right-of-
way located at the southwest corner of Third Avenue and Kagy Boulevard and to negotiate
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with the Milwaukee Railroad for that portion of the right-of-way. 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 - Mystic Lake
I City Manager Evans noted that there has been a lot of discussion on the safety of the
Mystic Lake Dam and how to repair it. The City Manager noted that the City is part owner
of the dam. He stated that the water users have offered to turn their stocks over to the
City, so that the City may apply for a grant for the needed repairs, with rights to the use
of the water in perpetuity. The City Manager noted that most federal and state grants are
not available because governmental entities feel that the City government can raise the needed
funds. City Manager Evans noted that the dam is located on Forest Service land, and the
Forest Service can determine if and when to breach the dam if it is deemed unsafe.
City Engineer Arthur Van't Hul stated that the City has ten shares of stock in the
Bozeman Creek Water Users' Association. of which six are voting shares, and individual prop-
erty owners own the other ten shares of stock, each with a vote. The Mystic Lake Dam had
a leak in 1977, which was caused by a separation in the twelve-inch drainage pipe. This was
repaired, and the dam has been functioning since that time with a single sixteen-inch drain-
age pipe. The City Engineer noted that the core line is sagging, and this sixteen-inch line
is subject to separation at any time.
I City Engineer Vanlt Hul stated that the reservoir is about half full and is filling some.
Most of the snow has melted, and there appears to be little danger of flooding at this time.
The Water Superintendent expects to start closing the sixteen-inch pipe next week and filling
the rese rvo i r . The City has entered an agreement with the Forest Service that it will not fill
the reservoir until someone can make a weekly inspection of the dam to make sure no problems
arise.
City Engineer Vanlt Hul noted that the City may apply for a $500,000.00 grant to
repair the dam. The City has already received and used a $60,000.00 grant for an engineer-
ing study of the dam. The City Engineer noted that two programs are available to the City
for funding this project. One program is for public entities, in which case the City could
receive a grant if it owns all shares in the Bozeman Creek Water Users' Association. Under
the other program, private entities may also apply. This would provide funding for up to 25
percent of the costs, or a loan to the Bozeman Creek Water Users' Association for up to
$100,000.00. The City Engineer noted that both projects have limited funds and a lot of
competition for the fund ing.
City Engineer Art Van1t Hul stated that the City presently has 400 acre feet of water
I in its ten shares. If reconstruction of the dam were done as recommended by the engineers,
the dam would be raised ten feet, which would increase the capacity of the reservoir to 1530
acre feet. The City Engineer noted that the dam is located on Forest Service land by special
permit. If the dam is breached, it would cost approximately $400,000.00 to return the area to
its natural state. To repair the dam and increase the height by ten feet would cost $700,000.00
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to $800,000.00. By the year 2000, the City's anticipated water needs will be 3800 acre feet
more than what is avai lable now. I f Mystic Lake Dam is breached, another 1500 acre feet of
water will be needed, for a total of 5300 acre feet of water needed by the year 2000. City
Engineer Vanlt Hul noted that if the irrigators do not wish to pay their share of the dam
repair and increased size and they give their shares to the City, the City will then be en-
tirely liable for cleanup or construction of the dam. The City Engineer also noted that the I
City is responsible to the people living in the valley below the dam. He stated that if the
dam is to be breached, it will be done in the fall. The Forest Service wi II want a decision
very soon, so that they may plan for this area.
Mr. Bob Gemmell, Engineer with Christian, Spring, Sielbach and Associates, noted that
the proposal is to raise the dam ten feet and raise the water level six feet. The additional
space would be for surcharge storage so that, in the event of flooding, there would be more
capacity in the reservoir for flood control.
Mr. Steve Custer, Assistant Professor in Geology at Montana State University, stated
that he became involved indirectly by working with students. He was looking at the geology
in the area as a bad example for a dam location, only to find that Mystic Lake Dam was
located there. Mr. Custer presented slides of the area, showing the hazards of the geology
in the area and hazards with the existing structure. He noted that the dam is presently
located in part on a landslide and in part on bedrock. He stated that the lake was formed
when a large landslide crossed the lower end of the area, forming a natural barrier for the
water in the surrounding mountains. Mr. Custer also noted, in a landsl ide area, that it is I
dangerous to add water to the ground, situation existing below the dam. Mr. Custer then
presented possible alternatives, including: (1) breach the dam, although the City has a water
problem and difficulty in obtaining water rights; (2) modify the current system, and monitor
the area while watching the geology and structure; or (3) do nothing. He feels that the dam
can be repaired and made relatively safe. He noted that the City needs this dam from a
water survival standpoint.
Mr. Bob Gemmell, Engineer for Christian, Spring, Sielbach and Associates, stated that
the concerns raised by Mr. Custer are very real and were addressed in the engineering
report, which was not connected to Mr. Custer's report in any way. Mr. Gemmell noted that
risk is involved with every dam that is built, and the public should be aware of that fact.
Mr. Gemmell noted that if we were to receive eighteen inches of rainfall within forty-eight
hours, it would be flooded. He noted in the proposed dam repair, that the spillway would
be large enough to control approximately the size storm that would cause a flood. Mr.
Gemmell stated that the new spi IIway would be approximately 4i times the size of the existing
spillway.
Mr. Gary Quinn, Northern Testing Laboratory, stated because of the complexity of the I
site, that the engineering firm felt it was important to do a thorough investigation of the
ground to determine if repairing the Mystic Lake Dam would be feasible. He stated that
Northern Testing addressed two problems: (1) the landslide, which is large and defies con-
ventional analysis. They feel the best way to analyze the slide area is to monitor it; and (2)
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movement of the dam. They have done soil tests and tests on the groundwater in the dam.
Mr. Quinn noted that Northern Testing is attempting to quantify the facts and use that base
information for futu re studies. He stated that Northern Testing has installed test equipment,
to a depth of 130 feet to be monitored during the next year. The figures derived from moni-
toring this equipment will reflect any shift in the ground around the dam area.
I Mr. Gemmell noted that there is approximately $7,000.00 left of the $63,000.00 grant
which the City received for engineering studies on the dam.
Commissioner Vant Hull asked how long it would take to complete repairs on the dam.
Mr. Bob Gemmell stated that the design would have to be put in final form, which
would take approximately three months, and Northern Testing Laboratories would have to do
more testing. He noted that the repairs could be done in about two months during the fall if
a large contractor were hired to do the work. He does not feel that there is sufficient time
this year to get the work completed, so it would be the fall of 1983 before the work could be
completed.
Mr. Jim Moore, Attorney, stated that his wife is one of the shareholders in the Bozeman
Creek Water Users' Association. He noted that several of the shareholders were present.
Mr. Moore had been asked by the Association to prepare a proposal to be submitted to the
Commission, which provides that all shares and liabilities be transferred to the City of
Bozeman, with current shareholders maintaining their water rights in perpetuity. Mr. Moore
noted that these shareholders live at the mouth of the canyon and would be the first to
I receive any floodwaters from Mystic Lake. He noted that the dam's problems must be solved,
but the irrigators do not need a larger amount of water and do not wish to pay for enlarging
of the dam. He stated that, if the irrigators are faced with the choice of paying a large
amount of money to repair and to enlarge the dam or to breach the dam, that they would
prefer to breach the dam.
Mr. Gemmell stated that if the dam were breached and the water supply were lost, that
the increase in costs to supply water for city residents would probably be equal to the costs
of repairing and raising the Mystic Lake Dam.
Mayor Stiff noted that the City and the irrigators must reach an agreement prior to
submission of an application for a grant or loan for repair of the dam. He also noted that
the City could have a problem with water if the dam is breached.
City Manager Evans noted that loss of Mystic Lake Dam would not have an immediate
effect on the water supply but would have a long range effect. If the City's grant applica-
tion is not approved, the City will have no money with which to repair the dam. The City is
in the process of selling bonds for a water filtration plant and would be unable to sell bonds
for the repair of Mystic Lake Dam because no one would be willing to purchase secondary
I bonds on today's market. The City Manager noted that to accept total liability for the dam
and have no funding would place the City in a bad position.
Mr. Kraft, member of the Bozeman Creek Water Users' Association, stated that the
farmers are not trying to get a contract or agreement that is not fair to the City and to the
farmers.
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Mayor Stiff requested that this item be placed on next week's agenda for further con-
sideration.
Discusssion - City's position on Quiet Title action by Buronepe Company
Assistant City Manager Barrick stated that Buronepe Company owns a two-acre lot ap-
proximately 57 feet wide and slightly more than 500 feet long, running south from Story I
Street between Dell Place and Tracy Avenue. This property was owned by the Gallatin Valley
Electric Railway and then became Milwaukee Railroad property, to provide access to the
roundhouse. Buronepe Company purchased this property from the Milwaukee Railroad, and the
property has since been used for an alley. Assistant City Manager Barrick had spoken with
the City Engineer and Superintendent of Streets and Sanititation, and both stated that to
maintain access through this property would be convenient, but is not necessary. Also,
private property owners have used this property as an alley to gain access to the back of
their properties.
City Attorney Planalp stated that Buronepe Company has requested that all parties
using this property appear in Court to see who really owns the property and to clear up any
problems with the title. From the date a Court Order is issued, nobody can use the land if a
quiet title is issued to Buronepe Company. The City Attorney noted that Mrs. Rosemary
Barnett called him and asked what the City's position is and if they want to undertake the
defense in this action. The neighbors in the area have requested that the City become in-
volved and exert the defense of usage to help the property owners. City Attorney Planalp I
advised her to hire their own attorney because he is not aware of any claim to the property.
City Manager Evans stated that he knows of no claim to this property. He stated that
the City has used this as an alley, along with the public, throughout the years, but not as a
dedicated right-of-way.
Assistant City Manager Barrick read a letter signed by eleven people, representing six
families, requesting the City to become actively involved and attempt to acquire the property
for use as an alley.
City Attorney Planalp stated that the City must decide if it wants to participate in the
Court action. He also noted that the neighbors are asking the City if they will maintain the
roadway if they fight the action and gain the rights to continue to use this property.
Mr. Everett Edsall stated that the neighbors have contacted Mr. Mike Kirwan, Attorney,
and he has agreed to represent the neighbors. Mr. Edsall noted that the matter will be in
Judge Lessley's Court.
Mrs. Barbara Edsall noted that the City was summoned by the Court, and she feels
that the City should answer that Summons. She also noted that the road has been busy.
Mrs. Edsall stated that the telephone line is buried under one side of the property. I
Mayor Stiff asked who will own the two-acre tract when the quiet title action is com-
pleted.
City Attorney Planalp stated that if Buronepe Company wins, they will own the property.
If the property owners win, Buronepe Company will own the property, with an easement for a
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roadway because of the use that there has been. The City Attorney also noted that, even if
the City does not participate, the employees will still be available for testimony.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the City not become actively involved in the Quiet Title action by Buronepe Company on a
two-acre parcel located immediately south of Story Street between Dell Place and Tracy
I Avenue. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver
and Mayor Stiff; those voting No, none.
Request - waiver of open container ordinance - Karst Stage - June 11, 1982 - Bogert Pa rk
Mr. John Kern, 214 East Story, representing the MSU Chemistry Department Graduate
Students, stated that they feel biased against because of denial of their request for a waiver
of the open container ordinance. Mr. Kern had talked to Assistant City Manager Barrick and
was told that the Police Department and Park Department had recommended denial; and the
Commission voted for denial of the request. At the following Commission meeting, a request
for waiver of the open container ordinance on behalf of the Tau Beta Pi Engineering Honor
Society was denied; and a request for waiver of the open container ordinance on behalf of the
Bozeman-Gallatin Empire Lions Club was approved. Mr. Kern then asked the City Attorney if
there are written specific criteria for denial of requests for waiver of the open container
ordinance.
I City Attorney Planalp stated that the criteria have been established by the Commission
from time to time in addressing each issue.
Mr. Kern then stated that the Assistant City Manager had stated that the ordinance
specifically states that there are no open containers allowed in the city. He asked if there is
a section in the ordinance that deals with written permits or waivers.
City Attorney Planalp stated that the Commission has the power to waive any ordinance.
He noted that there is nothing in the open container ordinance specifically recognizing this
power, but that it is a general law, provided in the State Code. The City Attorney then
stated that he would like the Commission's reasons for denial of the request for a waiver of
the open container ordinance on behalf of the MSU Chemistry Department Graduate Students.
Commissioner Weaver voted against the request because there is an existing ordinance
which forbids the displaying of alcohol in public places, including parks. He noted that his
reason for approval of the request on behalf of the Lions was that the commitment had been
specifically_ made by a previous Commission and the Lions had undertaken certain commitments
based on that assurance. He voted against the request on behalf of the MSU Chemistry
Department Graduate Students because it is against the law.
I Commissioner Vant Hull noted that she had voted for the request for a waiver of the
open container ordinance on behalf of the MSU Graduate Students.
Mr. Kern then noted that certain statements made by the Mayor, as reflected in the
newspaper, had upset several of the faculty members in the Chemistry Department.
57)(1" '
Mayor Stiff noted that he had met with Mr. Mike Johns and Dr. Tietz from the Univer-
sity. The Mayor stated that the University and the City have a good rapport. He stated
that Montana State University has a full security force, and the Bozeman Police Department is
bad Iy undermanned. He also stated that the City has had a long-term commitment for the
Lions Club barbecue.
Recess - 8:40 p.m. I
Mayor Stiff declared a recess at 8:40 p.m., to reconvene at 9:15 p.m., for completion
of the meeting.
Reconvene - 9:20 p.m.
Mayor Stiff reconvened the Commission meeting at 9: 20 p. m. for completion of the
meeting.
Request - waiver of open container ordinance - Karst Stage - June 11, 1982 - Bogert Park
(continued)
Mayor Stiff noted that he has seen young daughters of three friends bu ried in the last
few years due to alcohol, two of whom were University connected. He also noted that the
existing ordinance was adopted by previous City Commissioners.
Commissioner Weaver stated that it must have appeared to the MSU Chemistry Graduate
Students that what was said was toward that group. However, the comments were directed to
all of the problems with the waiver of the open container ordinance. He noted that the first I
two requests for waiver of the open container ordinance were from University affiliated
groups.
Mayor Stiff noted that the Chamber of Commerce has worked to bring the College Na-
tional Rodeo finals back to Bozeman. To get within a month of the finals and deny a request
for waiver of the open container ordinance would not seem to be in the best interests of the
community.
Mr. Arnold Craig, Professor of Chemistry at Montana State University, stated that the
MSU Chemistry Department has always had a spring barbecue or picnic and has frequently
used Lindley Park. He noted that this is not a beer drinking activity, although beer is
served. Mr. Craig noted that the MSU Chemistry Department will be back next year for a
waiver of the open container ordinance for a national meeting. He suggested that the
Commission get serious about criteria for issuing waivers of the open container ordinance or
else not allow any permits. He does not feel that University affiliation should be used as one
of the criteria.
Mr. Tim Bruce, MSU Chemistry Graduate Student, noted that the average age of the I
Chemistry graduate student is 27 years old. Also, 70 percent of the students are married.
He also noted that they must become residents of Montana, and reside in the state for the
entire year. Mr. Bruce noted that the money earned by the graduate students is from federal
sources, and generates about $250,000.00 per year in Bozeman.
City Manager Evans noted in the spring of the year, that the City receives numerous
requests for a waiver of the open container ordinance. He believes that an open container
s-os-
ordinance is needed, especially in the downtown area. The City Manager noted that the
Commission could eliminate the ordinance or could establish criteria for waiving the open
container ordinance in the parks.
Mayor Stiff suggested placing a thirty-day moratorium on waivers of the open container
ordinance, which would allow time to correct the problems.
I Commissioner Weaver noted support for a thirty-day moratorium. He cannot vote for
any waiver of the open container ordinance until a clear cut policy is established.
Commissioner Vant Hull suggested that an application form be used, including a state-
ment that the person will be responsible for not engaging in activities that would cause police
action. She also suggested a $100.00 deposit, with 90 percent of it refundable if no problems
were created. Commissioner Vant Hull suggested that the application process be done through
the Police Department.
Commissioner Weaver suggested that the City Staff complete an analysis and create
possible criteria during the moratorium, for approval by the Commission.
Commissioner Vant Hull noted that people go to the parks and drink alcoholic beverages.
She noted that the law abiding citizens are the ones who request a waiver of the open con-
tainer ordinance.
Commissioner Mathre noted that Great Falls has an application process which goes
through the Police Chief. The Commission does not receive the requests.
Commissioner Vant Hull noted that Billings also uses the application process, and it
I does not go to the Commission.
It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the
Commission establish a thirty-day moratorium on any and all applications for waiver of the
open container ordinance, and instruct the City Staff to prepare criteria, including an
application process, for the consideration of such requests andlor modification of the existing
ordinance. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull
and Mayor Stiff; those voting No, none.
City Manager Evans then presented to the Commission a request on behalf of Karst
Stage for waiver of open container ordinance and a picnic to be held in Bogert Park on June
11,1982. The City Manager recommended denial of the request.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission deny the request on behalf of Karst Stage for a waiver of the open container
ordinance and a picnic to be held in Bogert Park on June 11, 1982. 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,
I none.
Request - waiver of open container ordinance - Pi Beta Phi Sorority - Lindley Park - May
27, 1982
City Manager Evans presented to the Commission a request on behalf of Pi Beta Phi
Sorority for permission to hold a picnic and waiver of the open container ordinance to be held
s-ot,
in Lindley Park on May 27, 1982. The City Manager recommended denial of the request.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission deny the request on behalf of Pi Beta Phi Sorority for waiver of the open
container ordinance for a picnic to be held in Lindley Park on May 27, 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 I
voting No, none.
Application for Beer License - Northern Plains Resource Council - May 28, 1982 - and
waiver of fee
City Manager Evans presented to the Commission an application for a Beer License,
along with a request for a waiver of the fee, on behalf of Northern Plains Resource Council
for May 28, 1982. The City Manager recommended that the application be approved, but that
the fee not be waived.
City Attorney Planalp stated that the State regulates the on-premises sale of alcoholic
beverages to the public. He noted that the previous requests were not for the sale of
alcoholic beverages to the public, but were for consumption by private groups.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission approve the application for a Beer License on behalf of Northern Plains Resource
Council for May 28, 1982 and deny the request for a waiver of the fee. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Anderson, Com-
missioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting I
No, none.
Request - permission to use mobile P.A. system for campaign within City limits - Renee D.
Blotske, candidate for Justice of the Peace
City Manager Evans presented to the Commission a request on behalf of Renee Blotske,
candidate for Justice of the Peace, for permission to use a mobile P.A. system for campaign
within the City limits. The City Manager recommended denial of the request. He noted that
the use of P.A. systems in Bozeman has been historically denied because it falls under noise
pollution or distraction.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission deny the request on behalf of Renee D. Blotske, candidate for Justice of the
Peace, for permission to use a mobile P.A. system for campaign purposes within the City
limits. 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.
Set date for joint meeting of City Commission and Zoning Commission I
City Manager Evans stated that the Zoning Commission has suggested June 9, 16 and
.. ~ .' ,,~,"~.
17 as possible dates for a luncheon and joint meeting of the City Commission and Zoning
Commission. The City Manager noted that this meeting will be held at the Baxter Hotel at
noon on the date selected.
SO?
Following a brief discussion, the Commission concurred that the joint meeting of the
City Commission and Zoning Commission be held on Wednesday, June 9, 1982 at noon at the
Baxter Hotel.
Authorization for "Call for Bids" - janitorial service for Municipal Complex and the Carnegie
I Building - open bids June 7, 1982
City Manager Evans stated that the Carnegie Building has been selected as the name of
the Old Public Library building, which is being renovated for use as office space by the
City. The City Manager also noted that the present custodian at the Municipal Complex will
retire the end of July. The City administration must decide which would be the most cost
beneficial for cleaning of the three buildings involved, a janitorial service or a City employee.
The City Manager recommended that the Commission authorize the "Call for Bids" for janitorial
services for the Municipal Complex and the Carnegie Building, with a bid opening date of
June 7, 1982.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission approve the "Call for Bids" for janitorial service for the Municipal Complex
and the Carnegie Building, with bids to be opened on June 7, 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.
I Authority to purchase an administrative car for City and report on results of auction held
May 8, 1982
City Manager Evans stated that the best quote received for an administrative car was
for an AMC Concord station wagon for $7,786.00. This price is $1,400.00 below the list
price. The City Manager noted that this car has a six-cylinder engine and a five-speed
manual transmission with overdrive. The City Manager requested Commission authorization to
purchase this car from monies received from the auction of surplus materials held on May 8,
1982.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission approve the purchase of an AMC Concord station wagon, for use as an administra-
tive car for the City, at a quoted price of $7,786.00. The motion carried by the following
A ye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre,
Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
City Manager Evans stated that the City total, including Libraries, was $20,937.00
gross. After advertising and auctioneers' fees, the net was $18,948.00. Of the net amount,
$4,676.59 was received from sale of Library surplus equipment, to be returned to the Library
I Fund.
Information Item - Assistant City Manager's vacation - June 21 - July 2, 1982
City Manager Evans stated that Assistant City Manager Barrick has requested annual
leave for the period June 21 through July 2, 1982.
.
fiD'i
Information Item - Reminder - Monday, May 31 holiday, with Commission meeting to be held
on Tuesday, June 1, 1982
City Manager Evans reminded the City Commission that Monday, May 31, is a holiday.
Next week's Comm ission meeting wi II be held on Tuesday, June 1, at 4: 00 p. m., in keeping
with the policy established by the City Commission for Monday holidays.
Authorize Mayor to sign - Agreement for trade of 40-foot strip of land - North Seventh I
Avenue and Uak Street
City Manager Evans presented to the Commission an Agreement for trade of a 40foot
strip of land located at the corner of North Seventh Avenue and Oak Street.
Assistant City Manager Barrick stated that this parcel of land is located on the west
side of North Seventh Avenue, immediately adjacent to Oak Street, north of the Topper Motel.
This 40-foot strip of land has been used by the Exxon station. The parcel was a portion of
the Tange Addition, but was not a portion of the subdivision. When the subdivision was ap-
proved, it included a dedicated right-of-way west of that parcel for future Oak Street. It
also included a 40-foot strip north of the Exxon station, to be used for a land trade with the
owners of the Exxon station. The owners of this property have recently sold to the National
Development Corporation, and they agree to make the exchange. The Assistant City Manager
requested the Commission to authorize the Mayor to sign this final agreement, which will trade
a 40-foot strip of land on the north side of the property for a 40-foot strip of land on the
south side of the property.
City Attorney Planalp noted that Paragraph 7. (c) reflected encroachment and asked if I
the building does encroach.
Assistant City Manager Barrick stated that the building does not encroach on the 40-
foot strip.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission authorize and direct the Mayor to sign the agreement for land trade ofa 40-foot
strip located at the northwest corner of the intersection of North Seventh Avenue and future
Oak Street. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre
and Mayor Stiff; those voting No, none.
Acknowledge report - Commissioner Mathre - attendance at Montana Leaque of Cities and Towns
meeting - Helena, Montana - May 15, 1982
Commissioner Mathre stated that all of her comments have been presented in the written
report. She noted that another meeting will be held in June, and she will have more to
report after that meeting.
The Commission acknowledged receipt of Commissioner Mathre's report. I
Request - permission to hang banner for rodeo - Gallatin Empire Lions Club
City Manager Evans presented to the Commission a request on behalf of the Gallatin
Empire Lions Club for permission to hang two banners for the College National Finals Rodeo,
to be held on June 14-19, 1982.
SO,!
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission approve the request on behalf of the Gallatin Empire Lions Club for permission
to hang two banners for the College National Finals Rodeo, subject to deposit of the required
fee. 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
I Stiff; those voting No, none.
Request - Montana Bank of Bozeman Classic VI Run - September 25, 1982
City Manager Evans presented to the Commission a request for permission to conduct
the Montana Bank of Bozeman Classic VI Run, to be held on September 25, 1982.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission approve the request for permission to conduct the Montana Bank of Bozeman
Classic VI Run, to be held on September 25, 1982. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner
Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
Application for Liquor License - Livery Stable - Calendar Year 1982
City Manager Evans presented to the Commission an application for a Liquor License,
along with the required fee, on behalf of the Livery Stable for the Calendar Year 1982. The
City Manager noted that the permanent State License has been issued and recommended that
I the Commission grant a permanent City License.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the application for a Liquor License on behalf of the Livery Stable for the
Calendar Year 1982. 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.
n - Amendment No. 14 to en ineering contract with Thomas, Dean and
City Manager Evans presented to the Commission Amendment No. 14 to the engineering
contract with Thomas, Dean and Hoskins for the Waste Water Treatment Plant. This amendment
will increase the engineering contract by $1,992.00.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission authorize the Mayor to sign Amendment No. 14 to the engineering contract 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 Weaver, Commissioner Vant
Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none.
I Findings of Fact - AK Investments Conditional Use Permit
City Manager Evans presented to the Commission the Findings of Fact for the Condi-
tional Use Permit application on behalf of AK Investments. The City Manager recommended
that the Commission approve the Findings of Fact, as prepared by the City Attorney.
$10
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that
the Commission approve the Findings of Fact for a Conditional Use Permit appl ication on
behalf of AK Investments and that the Clerk of the Commission be instructed to send a copy
of the Findings of Fact to the applicant. 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 April 1982
City Manager Evans stated that the monthly report for the Broad Valleys Federation of
Libraries for April 1982 appeared to be in order and recommended that it be accepted and
ordered filed.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
monthly report for the Broad Valleys Federation of Libraries for April 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.
Claims
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. I
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
claims be approved as submitted. 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.
Executive Session - Personnel
City Manager Evans requested that this executive session be removed from the agenda.
Adjournment - 10:40 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
adjourned. 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.
ATTEST: ALFRED M. STIFF, Mayor I
ROBIN L. SULLIVAN
Clerk of the Commission