HomeMy WebLinkAbout1986-03-24
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
March 24, 1986
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, March 24, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner
Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Acting City Manager 1
Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed
for discussion. Commissioner Stiff asked that the proclamation for "Fair Housing Month" be
removed for discussion. Commissioner Jordan asked that ratification of the final language con-
tained on the ballot question for the indoor tennis facility be removed for discussion.
Minutes - March 17, 1986
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes
of the March 17, 1986, meeting be approved as amended. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner
Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none.
Award bid - dump truck for Street Division (CI P)
This was the time and place set to award the bid for the dump truck for the Street
Division. The Acting City Manager noted that the purchase of this item is to be funded through
the Capital Improvement Program. He then concurred in Director of Public Service Holmes'
recommendation that the bid be awarded to Demarois Olds-GMC, Missoula, Montana, in the bid
amount of $24,063.00, it being the lowest and best bid received.
Commissioner Jordan noted that the next lowest bid, which was submitted by a local firm,
was approximately $470.00 higher and asked if it might be better to accept that bid due to I
potential additional service costs in purchasing from an out-of-town vendor.
Director of Publ ic Service Holmes stated that any GMC dealer can service the truck,
therefore, it would be done locally. He indicated that he anticipates no additional service costs
by purchasing the truck from a dealer located in Missoula.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bid for
the dump truck for the Street Division be awarded to Demarois Olds-GMC, Missoula, Montana, in
the bid amount of $24,063.00, it being the lowest and best bid received. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel,
Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none.
Continued public hearing - Conditional Use Permit - Dan Henderson for Sundance Realty - allow
construction of 18,000 square foot industrial buildin on Tract 27 of COS No. 110, located at 630
rldger rive - zoned
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by Dan Henderson for Sundance Realty to allow construction of an 18,000
square foot, ten-unit, condominium warehouse on Tract 27 of the Northeast Annexation, Certificate
of Survey No. 110. This site is more commonly known as 630 Bridger Drive, just south of
Bridger Center Subdivision and west of Bridger View Mobile Home Park. Said property is zoned
M-l- T (Light Manufacturing-Commercial, Transitional).
Acting City Manager Barrick recommended that the continued public hearing be reopened.
Mayor Mathre opened the continued public hearing. I
Assistant Planner Dave Skelton stated that the hearing on this application for a Condi-
tional Use Permit was continued because one of the adjacent property owners did not receive
proper notice as she was not I isted as an owner of record. He then indicated that Mrs. Helm,
the owner in question, has expressed concern about the impact this application may have on
access from her parcel to Bridger Drive; however, the Bozeman area regulations require that
access be provided for all parcels to a public or private street.
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Planning Director Steve Lere stated his office has attempted to contact the State Highway
Department about access to Bridger Drive but has been unsuccessful. He indicated that if the
proposed access for this property is utilized, it should have no effect on the location of the
access to Mrs. Helm's property; but if the access location recommended by the Planning Staff is
utilized, it may affect the location of Mrs. Helm's access slightly.
Mayor Mathre asked how far the Planning Staff has recommended that the access be
1 moved.
Assistant Planner Skelton indicated the relocation would be approximately 30 feet to the
east, so that the centerline of the access would line up with the existing access road across
Bridger Drive.
Commissioner Vant Hull asked if one access road for both sites would be better.
The Assistant Planner indicated it would better to have only one access onto Bridger
Drive if possible. He then stated that approval of this Conditional Use Permit with the recom-
mended conditions would not eliminate that possibility in the future.
Mr. James Morrow, attorney representing Mrs. Katherine Helm, stated that Mrs. Helm
acquired her one-acre tract of land through domestic difficulties, which is why her name did not
show as an owner of record except through a Certificate of Survey filed on that parcel. Mr.
Morrow then indicated that Mrs. Helm does not oppose the requested Conditional Use Permit, so
long as it does not eliminate access to her parcel of land.
Mr. Morrow then presented an application for a Zone Map Change from RS-l to M-l- T for
Mrs. Helm's parcel as well as the adjacent ll-acre parcel belonging to Paul Carter, and contain-
ing both signatures.
Mrs. Helm reiterated that her support of the requested Conditional Use Permit is contin-
gent upon her ability to gain access to Bridger Drive for her piece of property.
No one was present to speak in opposition to the requested Conditional Use Permit.
Mayor Mathre closed the public hearing.
Acting City Manager Barrick concurred in the Zoning Commission's recommendation for
I approval, subjeCt to ten conditions.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the
Commission approve the Conditional Use Permit requested by Dan Henderson to allow construction
of an 18,000 square-foot condominium warehouse at 630 Bridger Drive, subject to the conditions
recommended by the Zoning Commission as follows:
1. That final site drainage plans, including topographic information and flood
mitigation measures, be reviewed and approved by the City Engineering
Officer prior to final site plan approval.
2. That the approach to Bridger Drive be aligned with the existing approach
on the north side, and that the approach receive approval by the Montana
Highway Department prior to final site plan approval.
3. That the final site plan indicate the method of providing water and
sanitary sewer service to the building, paving limits of parking lot and
access drive, an on-site fire hydrant with a 2,000 GPM capacity, and
turnaround facilities for the dead end parking lot.
4. That the final covenants and articles of incorporation be reviewed and
approved by the Planning Office prior to final site plan approval.
5. That concrete curbing be installed along both sides of the access drive,
and along the north and south parameters of the off-street parking lot.
6. That a cross section of the pavement detail and the engineering design of
the access drive shall be submitted for the review and approval of the
City Engineering Officer prior to final site plan approval.
7. That the applicant submit drawings which indicate the use of the "super
1 graphics" on the north and west elevations of the building, and that they
be reviewed and approved by the Planning Director prior to final site
plan approval.
8. That the developer shall enter into an improvements agreement with the
City of Bozeman. If occupancy of the structure is to occur prior to
installation of the improvements, it must be secured by a method of
security equal to one and one-half (H) times the amount of the cost of
the scheduled improvements and their installation. Detai led cost
estimates, construction plans and methods of security shall be made a
part of that agreement.
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9. That three copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission be sub-
mitted for review and approved by the Planning Director within six
months of the date of the City Commission approval, and prior to issuance
of a building permit for the project. One signed copy shall be retained
by the Building Inspection Division; one signed copy shall be retained by
the Planning Director; and one signed copy shall be retained by the
applicant.
10. All on-site improvements (i .e. paving, landscaping, etc.) shall be
completed within 18 months of approval of the Conditional Use Permit. 1
The Conditional Use Permit shall be valid for a period of only 18 months
following approval of the use. Prior to the permanent renewal of the
permit at the end of that period, the applicant must satisfy all the
conditions in the granting of the permit. An on-site inspection will be
made and a report made to the City Commission for their action. If all
required conditions have been satisfied, the permit will be permanently
renewed.
Commissioner Vant Hull asked if the decision on this item should be deferred until the
State Highway Department has had an opportunity to review and approve the access to Bridger
Drive.
The Acting City Manager indicated that the State Highway Department will work with the
Planning Staff on that issue; and making a decision at this time will not affect that process.
Commissioner Martel moved the previous question; and it was seconded by Commissioner
Vant Hull. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor
Mathre; those voting No, none.
The original motion, to approve the Conditional Use Permit subject to the ten conditions
listed, then carried by the following Aye and No vote: those voting Aye being Commissioner
Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre;
those voting No, none.
Preliminary Plat review - Sunset Park Subdivision, Phases I and I I, Tract 4 of COS No. 1215
located in the SWt of the NEt of Section 2, T2S, R5E, MPM - 42.2408 acres - Phillip Saccoccia I
This was the time and place set for the review of the preliminary plat for Sunset Park
Subdivision, Phases I and II, Tract 4 of Certificate of Survey Number 1215, located in the
southwest one-quarter of the northeast one-quarter of Section 2, Township 2 South, Range 5
East, Montana Principal Meridian. The site is more generally known as being located at the
northeast corner of the intersection of North 19th Avenue and West Oak Street and incorporates
42.2408 acres.
Assistant Planner Marcia Elkins presented the Staff Report. She stated that Phases I and
I I encompass approximately 19.16 acres in the center of the subject subdivision. She stated the
primary access to the subject property would be from West Oak Street, which will be paved to a
28-foot width between North 19th Avenue and North 7th Avenue, without curbs, gutters and
sidewalks. She indicated that the developer has proposed access into the subdivision will be
along North 18th Avenue; but the Planning Staff recommends that the access be at North 17th
Avenue extended. The Assistant Planner then stated that secondary access to the subdivision
will be along North 17th Avenue, a portion of which lies in the county. She noted the speed
bumps through the existing mobile home court must be removed prior to using that as a secondary
access.
Assistant Planner Elkins stated a drainage ditch lies along the east side of Phase II; and
it must be determined whether, in fact, it is a part of the Farmers' Canal or simply a ditch.
She indicated that any required setbacks will be established in accordance with the determination
of whether this is a watercourse.
The Assistant Planner then noted that the developer has proposed a linear park between I
Phases I and I I to act as a buffer area; and the Planning Staff has indicated that is not accept-
able as a parkland dedication. She indicated that four acres of parkland are needed to meet the
requirements for the entire subdivision, or a cash-in-lieu payment could be accepted.
Assistant Planner Elkins stated that the City-County Planning Board conducted the public
hearing on this item and recommended approval, subject to thirteen conditions, contingent upon
completion of the annexation process. She also indicated that the applicant has agreed to take
four actions which will mitigate impacts on off-site improvements, including participation in the
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installation of a 12-inch water line, signalization of the intersection of North 7th Avenue and
West Oak Street, improvements to and maintenance of North 17th Avenue, and improvement of
North 19th Avenue from West Oak Street to Durston Road.
Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineers, Inc., indicated he represents
the applicant. He stated that the developer is in general agreement with the conditions recom-
mended by the City-County Planning Board. He then indicated concurrence with the relocation
I of the access road to align with North 17th Avenue, noting the existing ditch must be relocated
or piped to accommodate the roadway. He indicated that anything done with the ditch must be
approved by the Board of Directors for the Farmers' Canal as well as Mr. Pete Nelson, who was
the original landowner involved with digging of that ditch.
Mr. Kinshella stated the proposed linear park was to provide a buffer between mobile
homes and conventional homes. He then indicated that the parkland dedication can be relocated
to the northeast corner, which will then align with the parkland dedication for the Perkins
property and possibly with the future parkland dedication for the Tschache parcel, which will
provide a large park area rather than several small ones.
Commissioner Vant Hull asked if any buffer will be provided between mobile homes and
conventional housing developments.
Mr. Kinshella stated that buffers are not required under the zoning regulations; however,
to provide for better sale of the lots, extra depth lots with additional setbacks or streets wi II be
used as buffers.
Commissioner Vant Hull then asked if the developer will be required to maintain that
portion of North 17th Avenue which lies outside the City limits.
Paul Kinshella indicated he does not know. He stated that Director of Public Service
Holmes has stated that a frost boil creates problems just outside the City limits each year; and
hopefully that can be corrected. He then noted this secondary access is a short-term arrangement
which will be eliminated either when North 19th Avenue and West Oak Street have been improved
or when the island created .is annexed.
I Commissioner Jordan noted that recent deliberations at the federal level could jeopardize
the use of SID's and asked if that could create a problem in the future.
City Attorney Crumbaker-Smith stated that the developer is responsible for installation of
the improvements; and the use of a Special Improvement District is only one method for financing.
She noted that limiting the use of SID's will affect the developer, but it will create no problems
for the City.
Commissioner Jordan asked what complications might be incurred if the drainage ditch is
determined to be a part of the Farmers' Canal.
Assistant Planner Elkins stated that the City has the authority to provide road crossings
across the Farmers' Canal where necessary, with the approval of the Board of Directors. Also,
the City can relocate or pipe the waterway if necessary.
Commissioner Vant Hull asked why the Commission does not conduct public hearings on
preliminary plats.
Planning Director Steve Lere stated that the State Statutes require that one public hear-
ing be held on a preliminary plat; and the City Commission has des,ignated the City-County
Planning Board to conduct that hearing.
Mayor Mathre requested that the decision on this preliminary plat be placed on the agenda
after the annexation process has been completed.
B rea k - 2: 58 to 3: 1 4 p. m .
Mayor Mathre declared a break from 2:58 p.m. to 3:14 p.m., in accordance with Commission
1 policy established at their regular meeting of March 14, 1983.
Preliminary Plat review - West Park Manor Subdivision, 4th Addition, portion of Block 4 and all
of Block 5, West Park Manor - 8.65 acres First Trust Company of Montana
This was the time and place set for the review of the preliminary plat for West Park
Manor Subdivision, 4th Addition, for a portion of Block 4 and all of Block 5. This site is more
generally known as being located on either side of North 23rd Avenue, between Durston Road
and West Beall Street and consists of 8.65 acres.
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Assistant Planner Marcia Elkins presented the Staff Report. She noted that the required
parkland for this phase was dedicated as a part of the original plat and satisfies those require-
ments. She stated the preliminary plat divides the 8.65 acres into 31 lots, ranging in size from
8,726 square feet to 19,775 square feet. She Indicated the property is zoned R-3; and covenants
would provide that duplexes could be constructed on each of the four corner lots. with single-
family residences being constructed on the remaining lots. She noted the subject site could be
developed to a maximum of 94 dwelling units under the R-3 zoning, but the covenants wi II allow I
35 dwelling units.
The Assistant Planner stated that the City-County Planning Board reviewed the preliminary
plat and recommended approval, subject to nine conditions. She also noted the Board recommended
a partial waiver of the Environmental Impact Statement and the Community Impact Statement.
Mr. Ray Center, Rocky Mountain Engineers, indicated that he represents the developer.
He stated that the developer concurs with all the conditions except No.7, submitting to the
Commission a revision of that condition which would be acceptable to the developer. He noted
that the condition as recommended indicates that high groundwater does exist in the area; and
that could cause some residences not to qualify for federal funds. He also indicated that most of
the residences in the other phases of West Park Manor Subdivision have full or daylight basements
and incur no problems. Mr. Center stated that if a statement is placed on the plat reflecting
the possibility that high groundwater might exist, the lot owner should then investigate the
potential for problems prior to constructing a home with a basement or daylight basement.
Planning Director Steve Lere indicated he has no problem with revising the wording to be
placed on the plat, however, the initial statement needs to be revised to more accurately reflect
its intent.
Commissioner Vant Hull asked if maintenance of the stormwater drainage easement will
create an additional workload for the City crews.
The Assistant Planner stated that the City usually maintains the stormwater drainage
easements.
Mr. Center indicated that the stormwater drainage will be a sloped grassy area with a I
restricted water outlet in the bottom to carry water to the adjacent creek if too much water
drains into the area to percolate into the ground. He noted the area would be covered with
low-maintenance grass which should require mowing only once or twice each summer.
Mayor Mathre asked if the proposed stormwater drainage system is acceptable.
Assistant Planner Elkins indicated it isa typical sY5tem and is acceptable. She further
noted that prior to installation of the system, it must be approved by the City Engineering
Officer.
Acting City Manager Barrick recommended that the Commission approve the preliminary
plat, subject to the nine conditions recommended by the City-County Planning Board, including
wording revisions to No. 7 which are acceptable to the Planning Staff.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Commission approve the preliminary plat for West Park Manor Subdivision, 4th Addition, subject
to the following conditions:
1. The six-inch water line in North 23rd Avenue shall be connected to the
ten-inch water line located in Durston Road to provide a looped system.
2. The ten-inch water line located in Durston Road shall be extended to the
western boundary of the subdivision.
3. Approval of the subdivision by the Montana Department of Health and
Environmental Sciences shall be obtained prior to final site approval.
4. A scaling error in the western tier of lots shall be corrected prior to
final plat approval. The statement "1983, as amended" shall be removed I
from all certificates, and the Certificate of Examining Land Surveyor
shall be revised. All certificates shall be placed on the plat prior to
final plat approval.
5. No access strips should be noted along Durston Road on Lot 16 in Block
4 and Lot 15 in Block 5.
6. Pedestrian sidewalks shall be installed along North 23rd Avenue and
Beall Street in accordance with City policy.
7. I f the depth to seasonal high groundwater shall be determined, in a
manner acceptable to the Planning Director, to be eight feet or more
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below the top of the curb of the adjacent street prior to final plat
approval, no warning statement shall be required on the face of the
plat. If an acceptable determination of the depth to seasonal high
groundwater is not made or if the depth to seasonal high groundwater is
determined to be less that eight feet below the top of the curb of the
street from which it is served, the following statement shall be placed on
the face of the plat prior to final plat approval: "Due to the possibility
of high groundwater within the subdivision, it is recommended that an
investigation of the seasonal high groundwater levels be made by a
1 qualified engineer or soils scientist prior to construction of residences
with the lowest floor level more than three feet below the top of the
curb of the street from which it is served."
8. That the final construction plans for all the streets, water, sanitary
sewer, storm drainage and sidewalks be prepared and submitted pur-
suant to Chapter 16.26 of the Bozeman Area Subdivision Regulations.
9. That the developer enter into an Improvements Agreement with the City
of Bozeman guaranteeing the completion of all improvements in accordance
with the preliminary plat submittal information and conditions of
approval. If the final plat is to be approved prior to the installation of
all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 100 percent of the cost of the
remaining improvements.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant
Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those
voting No, none.
Acting City Manager Barrick presented to the Commission a letter received from Mr. Gene
Cook requesting an additional one-year extension of the preliminary plat for Sapphire Subdivision.
He reminded the Commission that the Sapphire Subdivision is a 21. 47-acre tract located in the Ei
NEt swt of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, which is
more commonly located on West Babcock Street, just north of the Main Mall. He then reminded
I the Commission that this subdivision was initially approved on March 26, 1984, subject to fifteen
conditions; and a one-year extension was granted on March 18, 1985.
The Acting City Manager then stated that City Manager Wysocki has been working with
Attorney Hal Bolinger in an attempt to get all the storm drainage easements into one system
rather than addressing them separately. He indicated that those negotiations are nearly complete;
and the City Manager has stated his support for approval of this requested extension.
Planning Director Steve Lere cited Sections 76-3-610(1) and 76-3-507, M.C.A., as follows:
76-3-610. Effect of approval of preliminary plat. Upon approval or condi-
tionally approving a preliminary plat, the governing body shall provide the
subdivider with a dated and signed statement of approval. This approval shall
be in force for not more than 3 calendar years or less than 1 calendar year.
At the end of this period the governing body may, at the request of the
subdivider, extend its approval for no more than 1 calendar year, except that
the governing body may extend its approval for a period of more than 1 year if
that approval period is included as a specific condition of a written agreement
between the governing body and the subdivider, according to 76-3-507.
76-3-507. Provision for bondin
Improvements. oca regu atlons may provl e t at, In leu 0 t e comp etlQn
the construction of any public improvements prior to the approval of a final
plat, the governing body shall require a bond or other reasonable security, in
an amount and with surety and conditions satisfactory to it, providing for and
securing the construction and installation of such improvements within a period
specified by the governing body and expressed in the bond or other security.
The Planning Director noted that under the subdivision regulations, the Commission has
I stipulated that approval or conditional approval of a preliminary plat shall be in force for one
calendar year. He then indicated that under these statutes, the Commission may grant an
extension, subject to a written agreement and the developer must enter into an Improvements
Agreement and provide a security in the amount of 100 percent of the cost of the improvements
to be installed.
Mr. Gene Cook indicated that he wi II not be able to provide a Letter of Credit for the
cost of the improvements.
City Attorney Crumbaker-Smith suggested that the Commission may wish to defer action
on this request until the City Manager has returned and had an opportunity to review the State
Statutes.
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It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
defer action on this request for a period of one or two weeks to allow the City Manager an
opportunity to review the item. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner
Vant Hull and Mayor Mathre; those voting No, none.
Award bid - Repurchase Agreement I
Acting City Manager Barrick presented to the Commission a memorandum from Director of
Finance Gamradt tabulating the results of the two proposals received for the Repurchase Agree-
ment. He noted the basic repurchase proposal submitted by First Security Bank is 53 basis
points above the 91-day T bill, while the proposal submitted by Montana Bank is 15 basis points
below the 91-day T bill; and some of the other accounts vary similarly. He then concurred in
the Director of Finance1s recommendation that the bid be awarded to First Security Bank of
Bozeman.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission
award the bid for the City of Bozeman's Repurchase Agreement for the period April 1, 1986 to
April 1, 1987 to First Security Bank of Bozeman, for the various interest rates set forth in the
proposal. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor
Mathre; those voting No, none.
Permission to conduct one-mile run - United Way - 9:00 to 10:30 a.m., Saturday, May 3,1986-
Main Street
Acting City Manager Barrick presented to the Commission a request on behalf of United
Way to conduct a one-mile run down Main Street from 9:00 a.m. to 10:30 a.m. on Saturday, May
3, 1986. He noted this request is identical to the request submitted in August 1982; and the
same concerns expressed by the staff at that time apply to this request. The Acting City
Manager then indicated the staff has recommended that the run be held preferably on Ferguson I
Road, or Babcock Street from South Eighth Avenue to South Wallace Avenue as an alternative.
He then recommended that the Commission approve the request and authorize the staff to work
with representatives from the United Way to determine the location of the run.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the
Commission approve the request on behalf of United Way to conduct a one-mile run on May 3,
1986, between the hours of 9:00 a.m. and 10:30 a.m., but denying the use of Main Street, and
approving the use of Ferguson Road or Babcock Street from just west of South Eighth Avenue to
Wallace Avenue, as negotiated with City staff. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan,
Commissioner Stiff and Mayor Mathre; those voting No, none.
Discussion - Linear Park Committee
Acting City Manager Barrick stated that Planning Director Lere had requested this item
be placed on the agenda.
Planning Director Steve Lere stated that a subcommittee consisting of four members of the
City-County Planning Board and four members of the Recreation Advisory Board has been formed
to study the acquisition and development of the Milwaukee Railroad right of way as a linear
park. He noted the committee has conducted one meeting to date. The Planning Director then
stated that a member of the Rotary Club has indicated the Club is willing to provide funding for
a consultant to plan the park, naming Robert Lee as the consultant to be involved. He indicated
this item is before the Commission to obtain concurrence in accepting the proposal. I
Commissioner Vant Hull asked if acceptance of this offer will require the City to develop
the parkland in accordance with the recommendations submitted.
The Planning Director indicated that the consultant would work with the sub-committee;
and the final proposal would then be presented to the Commission for consideration.
Mayor Mathre noted that the Rotary Club's offer is generous and indicated that she will
write a letter to them gratefully accepting the offer.
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It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Rotary Club be allowed to hire the consultant of its choice to prepare a plan for the linear park
to be located along the Milwaukee Railroad right of way. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner
Stiff, Commissioner Martel and Mayor Mathre; those voting No, none.
1 Ordinance No. 1200 - providing for an advisory board to be known as the Cemetery Board
Acting City Manager Barrick presented Ordinance No. 1200, as reviewed by the City
Attorney, entitled:
ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AN
ADVISORY BOARD TO BE KNOWN AS THE CEMETERY BOARD, THE MANAGE-
MENT, MAINTENANCE AND CONTROL OF THE SUNSET HILLS CEMETERY AND
REPEALING SECTION 24 OF ORDINANCE NUMBER 524 AND ALL OF ORDINANCE
NUMBERS 604, 725, 831 AND 840.
The Acting City Manager reminded the Commission that this ordinance was discussed at
last week's meeting. He then recommended that Ordinance No. 1200 be provisionally adopted at
this time and that it be brought back in two weeks for final adoption.
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
provisionally adopt Ordinance No. 1200, providing for the Cemetery Board, 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 Jordan, Commissioner Stiff, Commissioner Martel, Commis-
sioner Vant Hull and Mayor Mathre; those voting No, none.
Ratify City Manager's signature - agreement re street lighting in accordance with PSC order for
'Montana Power Company
Acting City Manager Barrick submitted to the Commission a copy of the agreement which
City Manager Wysocki signed to authorize the Montana Power Company to proceed with upgrading
I of the street lighting system in accordance with the Public Service Commission order. He noted
the attached memo indicates that this upgrading will provide the best and least expensive light-
ing possible, as well as upgrading the system to meet minimum safety standards.
It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the
Commission ratify the City Manager's signature on the agreement with Montana Power Company
regarding upgrading of street lights in accordance with Public Service Commission order. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel,
Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting
No, none.
Proclamation - "Fair Housing Month" - April 1986
Acting City Manager Barrick stated that Commissioner Stiff had requested this item be
removed from the Consent I terns.
Commissioner Stiff indicated that he has received an inquiry from a property owner
asking if this proclamation will impose additional problems on those people who maintain rental
units in the community.
The Acting City Manager stated that the U.S. Department of Housing and Urban Development
has requested the adoption of this proclamation as a part of its celebration of the eighteenth
anniversary of the Federal Fair Housing Act of 1968; and it is simply a reaffirmation of that
legislation. He noted no additional housing discrimination regulations wi II be imposed as a result
of concurring in this proclamation.
I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission
concur in the Mayor's proclamation of April 1986 as "Fair Housing Month. II The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none.
Ratify final language contained on ballot question for indoor tennis facility
Acting City Manager Barrick stated that Commissioner Jordan had requested this item be
removed from the Consent Items.
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Commissioner Jordan Indicated his only reason for removing this item from the Consent
Items is that he will vote against it.
It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Commis-
sion ratify the final language contained on the ballot question submitted for the proposed indoor
tennis facility. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting
No being Commissioner Jordan. 1
Discussion - FYI items
Acting City Manager Barrick presented to the Commission the following "For Your Information"
items.
(1) A memo from Director of Public Service Holmes concerning the items of work to be
covered in the various parks during the spring clean-up campaign.
Commissioner Vant Hull noted that the grounds around the Carnegie Building are in need
of attention and asked if that should be included during the campaign. The Acting City Manager
indicated that they could be included in the campaign, or the Parks Division will have time to
clean up those grounds as well as the City Hall grounds if volunteers clean up the parks.
(2) A letter from Kenneth and Margaret Emerson noting that many sidewalks are in need
of repair in the community.
Commissioner Vant Hull asked if the staff plans to respond; and the Acting City Manager
stated the staff will do so.
(3) The agenda and packet for the Zoning Commission meeting to be held tomorrow
night.
(4) Mayor Mathre indicated that the Legislature is meeting in special session beginning
today. She noted the Commissioners may wish to contact their legislators to encourage their
support of legislation limiting the liability of municipalities, as well as legislation to provide for
the sale of revenue bonds to fund umbrella coverage for self-insurance pools.
Consent Items I
Acting City Manager Barrick presented to the Commission the following Consent Items.
Appl ications for Gaming Licenses - The Bowl, 414 East Babcock Street -
one electronic keno machine; one video draw poker machine - for the
period through June 30, 1986
Claims
It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission
approve the Consent Items as listed above, and that the appropriate persons be authorized and
directed to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel,
Commissioner Vant Hull and Mayor Mathre; those voting No, none.
Adjournment - 4:10 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those
voting No, none.
JUDITH A. MATHRE, Mayor I
ATTEST:
Clerk of the Commission
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