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HomeMy WebLinkAbout1993-06-07 ccm . , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 7, 1993 ***************************** _ The Commission of the City of Bozeman met in regular session in the Commission Room. unicipal Building, June 7, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - May 17. May 24. May 25 and June 1. 1993 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the minutes of the regular meetings of May 17, May 24 and June 1 be approved as amended and that .the special meeting of May 25, 1993, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye~eing Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Authorize the absence of Commissioner Stiff from meetings of June 7. June 14. June 21 and June 28. in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize the absence of Commissioner Stiff from the meetings of June 7, June 14, June 21 and June 28, 1993, in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . Consideration of Economic Develooment Loan Review Committee recommendation re aoolication for $50.000 grant from CDBG Economic Develooment Revolving Loan Fund as submitted by World Family School. Inc. City Manager Wysocki noted that, included in the Commissioners' packets was a memo from Associate Planner Arke", dated June 3, forwarding a letter from Carol Dietrich, World Family 06-07-93 -.- -.----- - ------ - 2 - School, dated June 2, withdrawing the subject application. He recommended that the Commission acknowledge receipt of this letter of withdrawal. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission acknowledge a letter of withdrawal from Carol Dietrich, World Family School, dated June 2, 1993. The motion carried by the following Aye and No vote: those voting Aye being .commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Reauest for Dermission to address Commission re motor vehicle/Dedestrian/bicycle safety in community - Ankara EI-Auria City Manager Wysocki stated that, included in the Commissioners' packets, was a letter from Ms. Ankara EI-Auria, dated June 1, requesting permission to address the Commission, along with a copy of her written proposal. Ms. Ankara EI-Auria stated that most of her basic comments are contained in the written proposal she has already submitted. She suggested that Bozeman is not too large; and she feels that with the spirit of the residents in the community, it would be possible for the governing body .0 involve them in a community-wide campaign to promote motor vehicle, pedestrian and bicycle safety. She observed that, rather than creating more laws, it may be more appropriate for the Commission to begin an educational campaign which would make people think about issues which may personally impact them in their daily lives. This could include educational information on existing regulations in a manner that would invite, encourage, motivate and inspire people to change their attitudes about how they travel the streets, making them more aware of potential conflicts. She noted that this could include brief weekly clips on certain behaviors, concentrating on desired behaviors. Ms. EI-Auria stated she has encountered discourteous and unsafe driving practices everywhere in the community. She suggested that taking steps to make people aware of their bad eehaviors and help them recognize how those behaviors might affect someone in their families could do more to change actions and attitudes than any legislative action that the Commission may take. She concluded by noting that these thoughts are only hers, suggesting that to gather a group of people together to brainstorm on this issue could possibly generate more and better ideas on how to address these concerns. Q 06-07-93 0 - 3 - Mayor Swanson stated he feels this is an appropriate time to begin a campaign of the type which Ms. EI-Auria has outlined, stated that he shares her sense of frustration, and proposed that the Commission authorize him to gather the following individuals together to work as a steering committee: . Chair of the Bozeman Area Bicycle Advisory Board President of the Gallatin Valley Bicycle Club Chair of the PedestrianfTraffic Safety Committee Chair of the Recreation and Parks Advisory Board Chair of the Parks, Open Space and Trails Committee Executive Director of th~ Gallatin Valley Land Trust The Mayor suggested that an initial meeting of the committee be set for noon on Tuesday, June 22, at the Baxter, to review Ms. EI-Auria's ideas and to possibly develop more ideas. He stated that he has heard members of each of the above-named groups express many of the same sentiments that she forwarded. He noted his strong interest in facilitating this discussion, upon Commission authorization. Responding to Commissioner Knapp's suggestion, Chief of Police Boyer indicated that he would appreciate having representation from his department on the committee as well. Ms. EI-Auria encouraged the implementation of an education program as quickly as .ossible. She noted that the tourist season will be starting very shortly; and she feels it would be beneficial if they were aware of such a program upon entering the community. City Manager Wysocki reminded the Commission that the PedestrianfTraffic Safety Committee already exists, suggesting that this is the type of issue in which they should become involved. The Mayor responded that the Chair of that group is included in his proposed list of steering committee members. He further indicated that he feels this committee could possibly be effective in identifying issues and providing direction to the PedestrianfTraffic Safety Committee. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission authorize and direct the Mayor to facilitate a steering committee, to be comprised of . representative from the Police Department, }he Chair of the Bozeman Area Bicycle Advisory Board, President of the Gallatin Valley Bicycle Club, Chair of the PedestrianfTraffic Safety Committee, Chair of the Recreation and Parks f'dvisory Board, Chair of the Parks, Open Space and Trails Committee, and Executive Director of the Gallatin Valley Land Trust, to look into traffic safety objectives and a possible means of funding an educational program to carry out those objectives. 06-07-93 .---.- -----... ...-. - .-. ----- - 4 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Reauest for Dermission to close North Tracy Avenue between Main Street and Mendenhall Street- 10:00 a.m. to 5:00 D.m. on Saturday. June 19 - Downtown Bozeman Association for live music _vent in conjunction with CNFR Week City Manager Wysocki stated that, Included In the packets, was a letter from the Downtown Bozeman Association, dated June 1, along with a memo from Chief of Police Boyer, dated June 3. He distributed to the Commission a letter from Christopher Pope, Acting President of the Downtown Bozeman Association, dated June 7, along with a drawing of how they propose to set up the music event and the barricades. The City Manager explained that Chief Boyer has raised several concerns in his memo, forwarding his opposition to the request. He stated that he concurs with several of the Chief's comments and concerns; and he relayed those concerns Mr. Pope as the Acting President of the DBA. Mr. Pope has responded that the Downtown Bozeman Association does not want to see any of its sponsored activities being considered a quick party; and they are committed to enforcing the epen container ordinance. The City Manager indicated that he also discussed the length of the proposed closure with Mr. Pope, expressing concern about the number of hours and the fact that the event is to be held on a Saturday, on a rather busy north/south street in the downtown area. He stated that Mr. Pope has noted a willingness to accept shorter hours than requested, stating that he feels the DBA's interest in attracting people to the downtown area on Saturday can still be 0 met. Chief of Police Boyer observed that 10:00 a.m. is extremely early to begin a street dance, suggesting that 1 :00 to 4:00 p.m. would be a more appropriate time for the proposed activity. Responding to Commissioner Knapp, the City Manager indicated he does not know how many bands are being retained for this event; however, he does feel that 1 :00 p.m. to 4:00 p.m. would be appropriate. He noted that the idea of using the parking lot just off North Tracy Avenue aas discussed with Mr. Pope; however, he forwarded the DBA's strong desire to have the activities take place close to and facing Main Street. He stated that the map attached to Mr. Pope's letter indicates that the wagon for the band will be set 50 feet from Main Street. Further responding to Commissioner Knapp, the City Manager indicated that a substantial amount of wiring will be necessary, to provide the amplification desired by the bands. 06-07-93 --.-.. ------------- .--..---.--- - 5 - Responding to Commissioner Frost, the City Manager stated that one volunteer will be required for each barricade; and probably two volunteers will be needed to walk through the crowd, paying particular attention to any violations of the open container ordinance. He noted that if violations do occur, the Police Department will be contacted immediately. In response to comments from Commissioner Vincent, the City Manager indicated that the .police Department will cooperate with the volunteers for this event. to ensure that all violations and safety issues are addressed promptly. Commissioner Knapp stated her support for this proposal, with the revised timeframe. She noted the importance of the CNFR and indicated her pleasure at the downtown merchants wishing to become actively involved in providing events for the rodeo crowd. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize the closure of North Tracy Avenue between Main Street and Mendenhall Street between the hours of 1 :00 p.m. and 4:00 p.m. on Saturday, June 19, 1993, to conduct a live music event in conjunction with CNFR Week, as requested by the Downtown Bozeman Association, and further authorize staff to take the steps necessary to ensure the safety of both .articiPating and the non-participating public. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1367 - amending various sections of the solid waste (garbage) ordinance City Manager Wysocki presented Ordinance No. 1367 as approved by the City Attorney, entitled: " ORDINANCE NO. 1367 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE. AS AMENDED BY ORDINANCE NO. 1323 AND WHICH SAID ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE. BE AMENDED BY . REVISING SECTIONS 8.16.010. 8.16.015. 8.16.020. 8.16.030. 8.16.050. AND 8.16.060 OF SAID CODE. PROVIDING FOR THE CHANGE OF THE TERM "GARBAGE" TO THE TERM "SOLID WASTE". AND FOR REVISIONS TO THE COLLECTION. DISPOSAL OF SOLID WASTE. AND THE PAYMENTS THEREFOR. Director of Public Service Phill Forbes reviewed the changes which have been proposed in the ordinance, characterizing them as generally "housekeeping" items rather than substantive changes. He noted that they include changing references from "garbage" to "solid waste" and the 0 06-07-93 __.___ _._ .__n_ ____ -----.----- .. --- -- - 6 - incorporation of provisions contained in the rate resolutions into the ordinance. He also noted that conflicts between the ordinance and the rate resolutions regarding the allowable weight of garbage cans are resolved under the new ordinance. Responding to Commissioner Knapp, the Director stated that this ordinance does not .rohibit an individual from taking his solid waste to the landfill; however, he is still required to pay the base rate for collection. He acknowledged that if an individual is serviced by a private contractor, then he is not subject to the base rate assessment or the tag fees. Responding to Commissioner Frost, the Director stated that before an account is submitted to the Commission for imposition of the flat fee for non-compliance with the tag system, the individual will be notified of that non-compliance. City Manager Wysocki recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1367, amending specified sections of Ordinance No. 1323, and that it be brought back in two weeks for final adoption. The motion carried by the .following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - Commission Resolution No. 2916 - setting solid waste (garbage) collection rates for Fiscal Year 1993-1994 City Manager Wysocki presented Commission Resolution No. 2916 as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2916 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323. The City Manager stated that, included in the Commissioners' packets, was a memo from airector of Public Service Forbes, dated June 4, 1993, along with a copy of the proposed resolution. Director of Public Service Phill Forbes stated that under this proposed resolution, the base rate for assessments is to be increased from $40 to $45 per dwelling unit; and the tag fees are to be increased from 90 cents to $1.00 for a full-size tag and from 65 cents to 75 cents for a mini- 06-07-93 - 7 - container tag. Also, three changes have been incorporated into the resolution which affect dumpster accounts: (1) a rate structure has been developed for commercial account; (2) an extra annual charge of $156 for each additional pick-up day per week has been added; and (3) the dumpster account fees have been raised to reflect the increase in base rate for assessments plus .he increase in landfill rates, which are basically increasing from $20 to $25 per ton. Director Forbes stated that attached to his memo are five pages of figures, based on the three-year budget projections which the Administrative Services Director submitted to the Commission earlier this year. He stated that those pages reflect rate increases over each of the next three fiscal years; however, they also reflect greater expenditures than revenues and result in a negative cash balance in each of the next three fiscal years. He stated that the largest projected deficit is to occur this upcoming fiscal year, with the increases in rates beginning to decrease that annual deficit position. The Director suggested that this situation should receive some Commission discussion. Responding to City Manager Wysocki, Director of Public Service Forbes explained the line item "financial assurance (trust fund)", as contained in the projected budget for Fiscal Year 1994. .He stated that under the requirements of federal Sub-title D landfill regulations, one of the major categories is called "financial assurances criteria". He stated that these assurances will be required by April 9, 1994. Under these requirements, the City must deposit monies with a third party, in a separate financial instrument, with those monies being used to bring in a private contractor, if necessary, to assist in the closure of any active area of the landfill. He stated this would occur only if the City "walked away" from its responsibilities for closure. The Director stated that payments into a trust fund are the most popular of the methods available for funding of this assurance. He noted that the annual payments into that fund are determined by dividing the projected costs of closure, including the 30-year monitoring period, by the projected remaining life of the landfill. Responding to Commissioner Frost, the Director stated that funding to meet federal eegUlations and some existing state regulations, particularly in the area of groundwater monitoring, are the primary reasons for the increase in this budget unit and the major cause for the projected deficit over the next three years. Responding to Commissioner Knapp, the Director stated that the monies for closure of the landfill, under the Sub-Title D regulations, must be deposited with a trustee, and may not be held 06-07-93 - -----. ..------.--. -- - 8 - by the City in a separate account. He indicated that after the landfill has been closed and the thirty-year monitoring period has been completed, any monies remaining in this trust fund could then become available to the City. He characterized the $40,000 annual payment as realistic but conservative, noting that the costs of closure could easily be more than the balance in that _ccount. Commissioner Vincent stated that the,fund balance projections show the fund going from a $362,000 balance to a negative $102,000, which is a swing of over $400,000, even with the proposed rate increases in each of the next three years. He asked if that decrease in the balance is due strictly to federal and state mandates, or if it reflects a combination of factors. Director of Public Service Forbes responded that a major cause for the reduction in the fund balance is the government mandates for the landfill; however, a second component is the method of operation, particularly in the area of collection. Mayor Swanson explained that much of the projected deficit for Fiscal Year 1994 is approximately the same amount as the three major capital items--a truck, a tub grinder and lining of the new landfill area. He noted that the addition of monies to meet Sub-Title D regulations only 0 eompounds the issue. City Manager Wysocki drew the Commission's attention to the historical data on the fund balance. He noted that several changes have been made which impact the revenues, including the change to the tag system. He stated that, probably as a result of this conversion, the amount of solid waste being disposed in the landfill has not increased over the past two years, even though the population has. He stated that the proposed revisions in the dumpster rates are appropriate, noting they should probably have been included from the inception of the program. The City Manager reminded the Commission that the need to begin funding to meet Sub-Title D was initially broached three years ago; and now that program is being implemented. City Manager Wysocki stated his intertt to remove the tub grinder from the budget for the upcoming fiscal year. He stated that the capital items could be funded through a five-year eNTERCAP loan, which would help to retain the cash balance position for another year; however, it also creates a false financial picture. Responding to Mayor Swanson, Director of Public Service Forbes stated that the estimates of revenues for the landfill reflect a 12-percent decline in anticipated landfill receipts. He noted that this is based on the fact that the City does not have any control over the flow of goods into the 06-07-93 -- ------------- ------- ------.. - 9 - landfill. He stated that the City collection crews and Waste Management Partners are the two largest carriers of solid waste to the landfill; and the amount of waste taken to the landfill by Waste Management cannot be predicted. He noted that Waste Management used the landfill extremely heavily at the beginning of this fiscal year; however, the amount has decreased substantially in the _ast few months, and the lower amount was the basis for estimating revenues. City Manager Wysocki stated that when the City raises its landfill gate fees, Waste Management often stops dumping here, choosing to take its solid waste to Logan instead. He noted that when the Logan landfill raises its rates, they often return to the Bozeman landfill because it is no longer economically feasible for them to drive that distance. Mayor Swanson stated that the last statement in the Director's memo, which pertains to collection, "It appears that changes, beyond the rate increases before the Commission now, must be made", is a rather strong statement. He asked when the Commission needs to discuss possible changes to the method of collection. The City Manager reminded the Commission that it is important to implement the new rates as quickly as possible. He noted that after that has been completed, then alternative methods .for collection can be addressed. He stated that,C'before the City purchases a new garbage collection truck, he feels it is important that the Commission make a decision on whether to continue the current method of collection or change to an automated system. He emphasized that the decision should be made on the basis of what is in the interests of the rate payers, and not be a political decision. He distributed to the Commissioners a revised projection of revenues and appropriations for the upcoming fiscal years, based on conversion to an automated collection system. He explained that those new figures reflect a much smaller deficit position for a much shorter period of time than continuation of the existing collection system. He stated that since 1986, staff has continually shown the Commission that an automated system is the most efficient and cleanest method of collecting solid waste. C' Responding to Mayor Swanson, the City Manager indicated that staff will bring this item eack for discussion within the next six months, for a decision on the method of collection to be used in the future before purchasing a new truck. He stated that if the Commission does make the decision to convert to an automated collection system, staff will bring back a budget amendment as a part of the mid-year budget review. 06-07-93 - 10- Commissioner Frost stated he is not comfortable "making decisions in a vacuum". He noted that the information which has been forwarded to the Commission in this packet shows a negative balance, even with projected rate increases. He asked for additional information which shows the rate increases that will be required to maintain a positive cash balance in the fund under .the current collection methods over the next four years. He explained it is essential to see the projected rates necessary to support both collection systems to make an informed decision. Commissioner Knapp stated that attempts to convert to an automated system have not been successful in the past because of the public outcry. She suggested that, included in the budget for conversion to an automated collection system, should be monies for an educational component, which should help to alleviate some of the problems encountered in the past. City Manager Wysocki reminded the Commission that residents of Marwyn Addition and Westridge Subdivision are serviced by Waste Management, which is currently utilizing an automated collection system. He noted that he has heard no complaints about that service; and it appears those containers are not too heavy to wheel to the curb or too large to be stored, as has been suggested by opponents in the past. . Commissioner Vincent forwarded his continued concern that having large containers in the alley will only encourage people to throw more garbage into them, rather than promoting the continued decrease of garbage under the volume-based rate system. He asked if the volume-based concepts could be incorporated into the automated collections system. The Director responded that component has not been included in previous proposals for conversion to an automated system, although it could possibly be incorporated into a new proposal. Commissioner Vincent emphasized his feeling that such a component is important and should be included. The City Manager stated that 300-gallon containers are typically placed in those areas with alleys; and three or four families use one of those containers. He suggested the possibility " of installing 90-gallon containers for every three households instead; and if one household needs . greater capacity, they can pay the additional costs for another container. He stated that staff is interested in developing a proposal which will provide for the cleanest and most efficient solid waste collection system possible, while maintaining the habits which have been acquired as a result of the volume-based rate structure. 06-07-93 - 11 - Commissioner Frost stated that enforcing the provision that a garbage container may be placed at the curb for no more than 24 hours will be extremely important if this type of program is implemented. He noted that the major complaint in other communities is the visual impact of the containers; and enforcement of this provision may help to eliminate that concern. . Mayor Swanson asked that staff submit its proposal for an automated collection system curing the first quarter of Fiscal Year 1994, for Commission consideration. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission acknowledge receipt of Commission Resolution No. 2916 and direct that it be placed on the June 21 agenda for adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Discussion - Commission Resolution No. 2917 - settina landfill gate fees. effective August 1. 1993 City Manager Wysocki presented COf!1mission Resolution No. 2917 as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2917 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Mayor Swanson encouraged any Commissioner with any concerns of the type that were discussed in the previous agenda item to submit those concerns to staff so they can be incorporated in future discussions. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission acknowledge receipt of Commission Resolution No. 2917 and direct that it be placed on the June 21 agenda for adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor awanson; those voting No, none. Discussion - settina of top ten Drioritv aoals for Fiscal Year 1993-1994 City Manager Wysocki stated that, included in the Commissioners' packets, was a compilation of all of the goals submitted by the Commissioners and the staff, and a listing of the 06-07-93 .-- --. -----------.--.- ---- -----...----.- . " - 12 - top priority goals which each Commissioner forwarded. Mayor Swanson stated that a careful review of the listing submitted revealed the several of the goals could be combined, since they are essentially the same or so similar that they could be combined without compromising the integrity of either goal. On that basis, he indicated that affordable housing received five votes; impact fees received four votes; a waste management plan eeceived three votes; and water quality districts received three votes; assessment of staffing levels received two votes; and implementation of the transportation plan received two votes. He noted that totals six goals which received two or more votes and asked if the Commissioners wished to " select four more goals from the remaining list of priority goals. Commissioner Knapp asked if any thought has been given to using the existing sports fields for a more extended season rather than the addition of new fields; Commissioner Frost responded that the Recreation and Parks Advisory Board is reviewing that issue at this time. Commissioner Knapp asked why the Commission needs to select four more goals, noting the significant amount of time and effort that some of these goals will take. Commissioner Frost suggested that implementation of the transportation should be ranked .higher than the assessment of staffing levels. City Manager Wysocki suggested that "implementation of sports field expansion to accommodate community needs" and "develop improved recreational opportunities and facilities for children" are so similar that they could be combined into one goal and included as the seventh top priority goal for the upcoming year; the Commissioners concurred. Mayor Swanson then forwarded the following list of priority goals for the upcoming fiscal year: 1. Affordable housing 2. Impact fees/system development fees 3. Establish overall waste management plan 4. Development of water quality districts, under the auspices of the City-County . Health Board 5. Implementation of the transportation plan 6. Assessment of staffing levels 7. Development of improved recreational opportunities and facilities for the community, particularly the children The Commissioners concurred in the priority goals list as forwarded by the Mayor. 06-07-93 - 13 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from SenioroPlanner Skelton to Paul Ellis, Speedy Lube, dated _ay 28. (2) Revised calendar of events for preparation of the budget for the upcoming fiscal year. (3) Memo from the Chamber of Commerce announcing that the Governmental Affairs Committee meeting for June has been cancelled. (4) Agenda for the Development Review Committee meeting held at 10:00 a.m. on Tuesday, June 1, and agenda for the meeting to be held on Tuesday, June 8, at the Carnegie Building. (5) Agenda for the Design Review Board meeting held at 4:00 p.m. on Tuesday, June 1, and agenda for the meeting to be heldo on Tuesday, June 8, at the Carnegie Building. (6) Copy of the information sheet on the City's Household Hazardous Waste .ollection Event scheduled for Saturday, June 12, at the City Shops. (7) The City Manager submitted his weekly report, as follows. (1) Met with representatives from Anthony Wayne Corporation last week; and it appears they are not willing to sign the agreement for accelerated development, as prepared by the City. (2) Announced that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, June 9, at the Baxter. (3) Noted that the budget will be submitted to the Commission at next week's meeting. (4) Stated that tree trimming is beginning in Bogert Park. (8) Commissioner Vincent stated he has learned about caterpillars this past week; 0 and spent $80 to get the two City trees in front of his house sprayed. He observed that even the commercial sprayers are having trouble reaching the tops of the biggest trees in town. He stated _hat if one wishes to avoid problems with toxins. a winter spraying program is preferable. (9) Commissioner Knapp indicated that at next week's meeting, she will ask the Commissioners to discuss several questions which the Beautification Advisory Board has raised, so she can be prepared to respond at their next meeting. (10) Mayor Swanson announced that he will be out of town from tomorrow through Sunday. 0 06-07-93 .. --.-- -- -... ..--.. -....- --.--.... -- -. - 14 - (11 ) Commissioner Frost submittad the following. (1) Attended the sign ad hoc committee meeting, noting that they are nearly ready to forward some recommendations for Commission consideration. (2) Attended the DBA committee working on the business improvement district, noting that they made good steps in that meeting. (3) Attended the Parking Commission .meeting, noting they are working diligently to become more proactive. (4) Noted he has learned more about the caterpillars in the trees, and the long-term damage that they can create since they may occur every year rather than just in a cyclical manner. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. ~ Authorize Dayment of $4.404.00 in reSDonse to cost recoverY demand from Jewel ComDanies. Inc.. for payments made to the State of Montana DeDsrtment of Health and Environmental Sciences for the Deriod January 1 throuah March 31. 1993 Commission Resolution No. 2918 - certifYing delinauent semi-annual assessments as of May 31. 1993 to the County COMMISSION RESOLUTION NO. 2918 '. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 1993, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12~4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. 0 Claims It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. . Executive session re litiaation At Mayor Swanson's request, City Attorney Luwe indicated that the executive session involves strategy, including framing of responses to interrogatories, in the Johnson versus the City 06-07-93 ..... .----- . . - 15 - ~, of Bozeman case. He stated that Attorney Barry O'Connell is also present, as he has been named the City's primary attorney in this case by the insurance company. Mayor Swanson stated that Section 2-3-203(4), Montana Code Annotated, provides that a meeting may be closed to discuss strategy to be followed with respect to litigation when an open .meeting would have a detrimental effect on the City's litigating position. He stated that, as presiding officer, he has determined that discussion of this issue in open session would be detrimental to the City's litigating position; therefore, he plans to call an executive session and close the meeting to the public. Mr. AI Knauber, reporter for the Bozeman Daily Chronicle, stated his objection to closure of the meeting, stating that government conducted in the open better serves the people and leads to less problems than government conducted in closed sassion. At 5:05 p.m., Mayor Swanson called the executive session for purposes of discussing litigation and requested that all persons except the Commissioners, City Manager, City Attorney Luwe, Attorney O'Connell and the Clerk leave the room. .Break - 5:07 D.m. to 5:14 D.m. Mayor Swanson declared a break from 5:07 p.m. to 5:14 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 0 Executive session re litigation (continued) At 5:50 p.m., Mayor Swanson closed the executive session and reconvened the open meeting. Adiournment - 5:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The aotion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 0 06-07-93 u__... _ __ .. .__. _n _... . ._...._ .____ _ ___ ---------... . .. . . - 16 - ~~ " IMOTHY SWA ON, Mayor .ATTEST: ~1is~~ Clerk of the Commission 0 . " . 0 06-07-93