HomeMy WebLinkAbout1985-04-29
14ft
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 29, 1985
************************
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 29, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner
Mathre, Commissioner Vant Hull, Commissioner Jordan, City Manager Wysocki, Assistant City I
Manager Barrick and Clerk of the Commission Sullivan. Commissioner Anderson was absent in
compliance with Section 7-3-4322, M. C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
The minutes of the regular meeting of Apri I 22, 1985, were approved as amended.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Open bids - three 1985 police cars for the Police Division
This was the time and place set to open the bids for three 1985 police cars for the Police
Division.
The affidavit of publication for the "Call for Bids" as advertised was presented.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
bids for the three 1985 police cars for the Police Division be opened. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant
Hull, Commissioner Jordan and Mayor Weaver; those voting No, none.
The following bids were then opened and read aloud.
Per Unit Total Bid
Don Norem Chevrolet-Buick, Inc.
Bozeman, Montana $10,765.70 $32,297.10
Danhof Chevrolet, Inc. I
Manhattan, Montana $32,499.00
J.C. Billion, Inc.
Bozeman, Montana $33,528.00
Rolfe and Wood, Inc.
Bozeman, Montana $33,543.86
Bison Ford
Great Falls, Montana $34,375.00
Bozeman Ford, I nc.
Bozeman, Montana $11,750.00 $35,250.00
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
bids for the police cars for the Police Division be referred to staff for review and a rec-
ommendation to be submitted at next week's meeting. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commis-
sioner Mathre and Mayor Weaver; those voting No, none.
b Clem Lambrecht for the Exchan e Club - seven park benches to be used in
locatIOns
City Manager Wysocki noted that Mr. Lambrecht has not yet arrived.
Mayor Weaver deferred this item until later in the meeting.
arade - 3:30 to 6:00 p.m., June 19, I
fiddler's contest - Bozeman's
City Manager Wysocki presented to the Commission a request from Bozeman's Convention
and Visitor's Bureau for the extension of the closure of Main Street immediately after the
Nationa I I ntercollegiate Rodeo Association parade, from 3: 30 to 6: 00 p. m.. on June 19, 1985,
04-29-85
-- ----.----
145
along with a waiver of the open container ordinance, for activities to be held after the parade
to welcome the rodeo participants to Bozeman.
Mr. Bob Spillane, Chairman of the Convention and Visitor's Bureau, stated that conversa-
tions with sponsors of the college finals indicate that the community of Bozeman has done little
to promote the rodeo, although it supports the event by large attendance. He indicated that
many citizens of the area will be in the downtown area for the rodeo parade; and a continued
I closure of the street would provide an opportunity for them to welcome the rodeo participants.
Mr. Spillane also indicated he will ask that business marquees be used to welcome the NIRA
with messages like "Welcome to Bozeman, Home of the CNFR." He also noted that painting of
windows was initiated last year, with 30 windows being painted; and his goal is to have 1 00
painted windows.
Bob Spillane then stated he has talked to several downtown businesses, realizing that
the closure of Main Street might possibly hurt their businesses. He stated the retail businesses
felt they would prosper from the closure and additional rodeo activities; and professional
facilities, such as banks, insurance agents and architects, indicated no problems with the
closure. He also noted that information from the CNFR indicates that those attending the rodeo
spend between $1.5 million and $2 million in Bozeman each year.
Mr. Spillane then stated he contacted Mr. Dick Miller, at the local Highway Department
office; and he indicated he is not in favor of the closure. However, he contacted Mr. Gary
Wicks. Director of Highways in Helena; and he indicated no problems with the closure as long
as security is provided for the detours. He noted that all contacts have been verbal, but he
will obtain written communication if necessary.
Mayor Weaver asked if the Downtown Business Association has considered this requested
closure.
Mr. Spillane indicated that Association will be meeting later this week; and he will
discuss this item with them at that meeting.
Mayor Weaver indicated he would feel more comfortable with this request if the Associa-
I tion supports it.
The Mayor then asked Mr. Spillane what would be included under the requested waiver
of the open container ordinance and the boundaries that would be established for the waiver.
Mr. Spillane stated the waiver would probably be for draft beer served in plastic
glasses; and would be confined to Main Street from Grand Avenue to Rouse Avenue.
Commissioner Vant Hull noted the City has recently entered into an agreement with the
State Highway Department that two requests for closure of Main Street would be submitted, one
for "A Taste of Bozeman" and one for the "Christmas Stroll." She also expressed a desire to
maintain the good working relationship and understanding which has recently been attained
between the two entities, and indicated steps should be taken to avoid any conflict which might
be created by requesting this additional closure.
Commissioner Jordan asked how many participants will be involved in the waiver of the
open container ordinance. He expressed concern that the Police Division may be faced with
requirements for additional security if there are a large number of individuals moving around on
Main Street who have consumed substantial amounts of alcohol. The Commissioner also suggested
that Mr. Spillane contact the County Sanitarian as soon as possible since food is to be dis-
pensed at the activities.
Commissioner Mathre asked if the City will be using off-duty police officers to secure the
closure of Main Street and monitor the event.
City Manager Wysocki stated the City received this request on Thursday; and there has
not been adequate time to complete staff review. The City Manager then suggested that, since
I the event is upcoming in the near future, the Commission approve the street closure for this
year, but may possibly wish to encourage use of a park for these activities in future years if
this becomes a tradition.
Mayor Weaver suggested that the Commission consider approval, contingent upon formal
communication from the State Department of Highways, affirmative input from the Downtown
Business Association, and successful discussions between the Convention and Visitors' Bureau
and the City staff concerning provision of security for the event and boundaries for the waiver
of the open container ordinance.
04-29-85
~._-_._---
148
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission approve the request submitted by the Convention and Visitor's Bureau for the
closure of Main Street immediately following the NIRA parade, from 3:30 to 6:00 p.m., on
Wednesday, June 19, 1985, for activities to welcome the N I RA rodeo participants, along with the
request for waiver of the open container ordinance, contingent upon formal communication from
the State Department of Highways, affirmative input from the Downtown Business Association,
and successful discussions between the Convention and Visitors' Bureau and the City staff I
concerning provision of security for the event and boundaries for the waiver of the open con-
tainer ordinance. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver;
those voting No, none.
Staff report - escrow requirements for SID Nos. 641 and 642
City Manager Wysocki presented to the Commission a memorandum from City Attorney
Crumbaker-Smith dated April 26, 1985, concerning the escrow requirements for Special Improve-
ment District Nos. 641 and 642. The City Manager stated that former City Manager Evans and
former Director of Finance Swan interpreted Commission Resolution Nos. 2441 and 2484 for each
single ownership, rather than based on the total amount of property held in limited ownership.
He noted that Mr. Graf received a letter from the former administration which included much
lower figures for the escrow requirements for the two subject SID's than he recently received
from the City Attorney, based on a different interpretation of the two Resolutions.
City Manager Wysocki then noted that the Resolutions must be revised to more accurately
reflect the Commission's intention on the escrow requirements, which will take a substantial
amount of time. The City Manager recommended that the Commission establish the escrow
requirements for these SID's at this time, based on the figures provjded in the City Attorney's
memorandum, so that the process can be continued in a timely manner. He also recommended
that the Commission discuss this item on a future agenda and direct the staff how to proceed
with revising of the Resolutions. He then noted that under the current administration's inter- I
pretation of the policy on escrow requirements, the petitioners would be required to put approxi-
mately 50 percent of the $140,000.00 estimated SID costs for SID No. 642 in an escrow account,
as opposed to $22,260.00 as listed in the City Attorney's memo.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission establish the escrow requirements for Special Improvement District No. 641 at
$49,704.14 and for Special Improvement District No. 642 at $22,260.00, as listed in the City
Attorney's memo dated April 26, 1985. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and
Mayor Weaver; those voting No, none.
Decision - intention to recreate SID No. 641 as set forth in Commission Resolution No. 2548 -
sanitar sewer in portions of Graf's First Subdivision, Second Filin , and the amended plat of a
portion of ra s Irst ubdivision, econd jling
This was the time and place set for the decision on the City's intention to recreate
Special Improvement District No. 641, as set forth in Commission Resolution No. 2548, as fol-
lows:
COMMISSION RESOLUTION NO. 2548
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 641 FOR THE PURPOSE
OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN-
SPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH SANITARY
SEWER MAIN AND ALL OTHER NECESSARY APPURTENANCES TO SERVE ALL I
LOTS LOCATED WITHIN BLOCK 1 OF GRAF'S FIRST SUBDIVISION, SECOND
FILING, AND BLOCKS 2, 3, 4 AND 5 OF THE AMENDED PLAT OF A PORTION
OF GRAF'S FIRST SUBDIVISION, SECOND FILING.
City Manager Wysocki reminded the Commission that the public hearing was held on April
15, 1985; and Mr. Gene Graf had requested that action be tabled last week due to some engineer-
ing problems. The City Manager noted that the problems have been resolved and recommended
that the Commission indicate its intention to proceed with recreation of this Special Improvement
District.
04-29-85
147
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Commission indicate its intention to proceed with the recreation of Special Improvement District
No. 641 and authorize and direct the City Attorney to prepare a Resolution of recreation. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant
Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none.
I This was the time and place set for the decision on the City's intention to recreate
Special Improvement District No. 642, as set forth in Commission Resolution No. 2549, as fol-
lows:
COMMISSION RESOLUTION NO. 2549
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO RECREATE SPECIAL IMPROVEMENT DISTRICT NO. 642 FOR THE PURPOSE
OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, IN-
SPECTION AND ENGINEERING CERTIFICATION OF AN 8-INCH WATER MAIN,
STORM DRAINAGE, ASPHALT CONCRETE PAVING, CURB AND GUTTER AND
SIDEWALKS AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS
LOCATED ON KENYON DRIVE FROM THE SOUTH BOUNDARY LINE TO THE
NORTH BOUNDARY LINE OF BLOCK 1 OF GRAF'S FIRST SUBDIVISION,
SECOND FILING, AND BLOCK 2 OF THE AMENDED PLAT OF A PORTION OF
GRAF'S FIRST SUBDIVISION, SECOND FILING.
City Manager Wysocki reminded the Commission that the public hearing was held on April
15, 1985; and Mr. Gene Graf had requested that action on this item also be tabled last week
due to some engineering problems. The City Manager noted that these problems have also been
resolved and recommended that the Commission indicate its intention to proceed with recreation
of this Special Improvement District.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
I Commission indicate its intention to proceed with the recreation of Special Improvement District
No. 642 and authorize and direct the City Attorney to prepare a Resolution of recreation. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan,
Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Staff report - annexation request submitted by Bos/Neibauer - 4.86-acre tract located north of
West Babcock Street at North 25th Avenue extended
City Manager Wysocki noted the Commission had received the written staff report on this
annexation, requested by Jack and Karen Neibauer, Esther Neibauer, and Clarence T. "Buck"
and Betty 80S, in the packet distributed on Friday.
Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject
property contains 4.86 acres and is approximately 333 feet by 636 feet. She noted the property
is currently zoned RR, Rural Residential. The Assistant Planner then briefly reviewed the
Staff Report and highlighted some of the comments concerning compliance with the policies set
forth in Commission Resolution No. 2532. She noted that annexation of this property would
create an irregular extension into unannexed land; and the subject site is less than five acres.
She indicated the subject property is contiguous to the City along 80 feet of the southern
boundary. The Assistant Planner stated that the applicants have indicated a desire to rezone
the property to R-3 or R-4, which would allow 72 dwelling units or 97 dwelling units to be
constructed without any density bonuses. She noted the Master Plan indicates medium-density
residential development in the area.
I Assistant Planner Elkins then stated vehicle access to the site is a concern. She noted
the major access is along West Babcock Street, which is considered a substandard street.
The Assistant Planner stated she was approached earlier today with a question about the
ownership of the property. She noted the property is currently being purchased on a contract
for deed from Emma Kurk; and she suggested that the City Attorney review the matter and
submit an opinion.
Commissioner Vant Hull submitted to the Commissioners a letter from Lavina Chadbourne,
Power of Attorney for Emma Kurk, noting the subject parcel is under contract for deed and
04-29-85
148
indicating that Ms. Kurk had opposed the Far West Annexation a few years ago.
Assistant Planner Elkins then noted that 45 feet for the north one-half of the right-
of-way for West Babcock Street would be required if this property were to be annexed. Also,
a waiver of protest for the creation of SI D's must be executed; and the donation of water
rights or cash-in-Iieu payment must be addressed if this property is to be annexed.
Commissioner Mathre asked what procedural steps the Commission should follow at this
time.
City Manager Wysocki noted there are a number of the goals and policies which are not I
met by this annexation request. He indicated two major concerns are the irregular boundary
caused by the requested annexation and the traffic problems in the immediate area.
Commissioner Vant Hull noted the City boundaries along West Babcock Street are very
peculiar and asked about the likelihood of other parcels seeking annexation. She also ex-
pressed concern about further development in that area through use of septic tanks and wells,
indicating that City services may be more advantageous.
Planning Director Lere stated he has discussed annexation with other property owners in
that area; and the ones immediately to the east and the north have indicated a possible
interest.
Mayor Weaver stated he feels the piecemeal approach being promoted through small
annexation requests will create more problems than a larger annexation.
Mr. Buck Bos, appl icant, stated the only current access to the subject property is
North 25th A venue, via North Western Drive. He indicated he and Neibauers purchased the
property about five years ago with the idea of developing the site, probably with condominiums,
duplexes or four-plexes; and he feels the property should be annexed to be properly developed.
Planning Director Lere told the Commission that the current county zoning would allow
construction of duplexes, four-plexes or apartments; and the only City review would be of the
Preliminary Plat. He noted all zoning matters would be handled through the County Commission.
Commissioner Mathre stated it makes sense that the subject area should be a part of the
City at some time in the future, but annexation might imply that the City is ready to handle I
the area adequately and provide services. She also noted the Commission recently denied
proposed development in that area because of impacts it would have on the existing roadway.
She questioned whether the City should consider moving ahead with the requested annexation if
it cannot make a commitment to development of the site.
Mayor Weaver expressed reservations about annexing this property in view of recent
Commission actions involving property along the western side of the City.
Commissioner Jordan noted the City must consider problems it may face in the future if
this property is developed without annexation and City services.
Commissioner Vant Hull asked how many waivers of protest to the creation of an SID to
improve West Babcock Street have been signed.
The Planning Director indicated he is not sure how many waivers have been signed but
stated he will check on that matter. He then reminded the Commission that any property within
one mile of the City limits is within the City's service district.
City Manager Wysocki noted the Commission can consider the extension of sanitary sewer
to the subject property if the applicants sign a waiver of protest of annexation. He noted the
current policies do not provide for extension of water services outside City limits. The City
Manager then cautioned the Commission to carefully consider the transportation network in the
area in its decision-making process. He recommended that the Commission table action on this
item for a period of one week to allow the staff an opportunity to review the legal aspects of
this request.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that action I
on the annexation request submitted by Clarence Bos and Jack Neibauer for a 4.86-acre tract
located north of West Babcock Street at North 25th Avenue extended be tabled for a period of
one week to allow the staff an opportunity to review the legal questions involved. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis-
sioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none.
04-29-85
11+9
City Manager Wysocki presented to the Commission a memorandum from Director of Public
Service Holmes, accompanied by a memo from Engineering Officer Mann, recommending that the
alley vacation requested by North Central Food Systems, Inc., on behalf of Hardee's Restaurant
be denied. He noted the reasons cited are that other commercial activities in that block use the
I alley for access; and public utility lines are located in the alleyway proposed for abandonment.
Also, a revised site plan does not require backing into the alleyway, which was the major
reason for requesting the vacation.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Commission deny the requested vacation of the east 140 feet of the alley located in Block 2 of
the Springbrook Addition, between North Eighth and North Ninth Avenues, one-half block north
of Main Street per the staff recommendation. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner
Mathre and Mayor Weaver; those voting No, none.
B rea k - 5: 1 5 to 5: 20 p. m .
Mayor Weaver declared a break from 5:15 to 5:20 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Staff report - street standards
City Manager Wysocki stated the Director of Public Service has been working on proposed
street standards to provide for more uniform design of new streets in Bozeman.
Director of Public Service Holmes distributed to the Commission two prints, one showing
the typical sections used for most recent local street construction, Kagy Boulevard, North
Nineteenth Avenue and Highland Boulevard, and the other showing proposed street design
standards for local streets, minor arterial streets, major arterial streets without raised medians,
I major arterial streets with raised medians, and cul-de-sacs. He reviewed the amount of right-
of-way required for each design standard and noted that the proposed local street standard
provides a one-foot wider street than existing streets.
City Manager Wysocki stated the staff is submitting the proposed street designs at this
time for Commission review to determine whether to proceed with this item or begin new or
revised design standards.
The Commissioners asked for examples of the widths of various existing streets as a
comparison to the proposed 38-foot width, specifying South Third Avenue and Durston Road.
Engineering Officer Neil Mann stated South Third Avenue is 22 to 24 feet wide; Durston
Road is 26 feet; and the streets in Figgins Addition, New Hyalite View Subdivision, and the
new residential development on the west end are 37 feet wide.
Mayor Weaver asked the City Manager if he knows the development community's attitude
about the proposed standards. The City Manager indicated he will meet with the Homebuilders'
Association and the developers after the Commission has indicated support.
The Mayor then asked if a public hearing will be held on the proposed roadway designs,
The City Manager indicated there could possibly be a public hearing.
Commissioner Mathre asked if there are any minimum standards established for roadway
construction. Engineering Officer Mann stated these proposed designs are based on the standards
for urban roadway construction as adopted by the Federal Highway Administration.
City Manager Wysocki stated with the proposed roadway designs, a street could be
initially constructed as a local street and could then be easily widened to meet the community
I needs for an arterial.
Mayor Weaver asked if these roadway standards will have any impact on private roads
located in a Planned Unit Development. Director of Public Service Holmes stated the proposed
designs apply to public streets only.
The City Manager stated the proposed design for cul-de-sac streets provides a larger
radius cul-de-sac to accommodate fire trucks and other emergency vehicles. He also expressed
concern about the length of cul-de-sac streets currently allowed and suggested the Commission
04-29-85
150
may wish to shorten the distance allowed so that the end of the cul-de-sac is easily visible
prior to entering the street.
City Manager Wysocki stated the staff has begun preliminary drafting of guidelines for
the typical sections but they are not yet. ready for release. He indicated the staff will proceed
with those guidelines once the Commission has indicated support for the proposed designs.
Commissioner Jordan stated he prefers not to see a raised median again and questioned
who would maintain the median after construction. He also stated interest in a three-lane
format, with two driving lanes and one turning lane, because he does not feel there is suffi- I
cient traffic in Bozeman to warrant an extensive four-lane street system.
Mayor Weaver stated the Commission needs time to review the proposed plans and to
obtain input from the public.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission acknowledge receipt of the staff report on street design standards and direct the
staff to seek input from the concerned public about the proposed design standards, with the
item to be brought back to the Commission by September 1, 1985, at which time the Commission
will determine whether to conduct a public hearing. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner
Jordan and Mayor Weaver; those voting No, none.
Staff suggestions - community clean-up
City Manager Wysocki presented to the Commission a memorandum of recommendations he
had prepared for Clean-Up Day, which has been scheduled for Saturday, May 18, 1985, from
9:00 a.m. to 1 :00 p.m. He noted the memo lists the various parks, along with a Commissioner
or City staff member to be responsible for each facility. He then indicated that Commissioner
Mathre has had input from certain groups and suggested the Commission may wish to establish
its procedure for this activity.
Commissioner Mathre stated she has contacted the Boy Scouts, Girl Scouts and Campfire;
and she has scheduled two troops in Bogert Park on May 6, one troop in Cooper Park on May I
6, and one troop in Beall Park on May 15.
Mayor Weaver stated the Commissioners and City Manager may wish to clean up one of
the parks themselves.
Commissioner Mathre asked if the City parking lots should also be considered.
City Manager Wysocki stated Park Superintendent McNeil is preparing a list of items that
could be completed in each park during this clean-up campaign. He then suggested that the
Commission may wish to discuss this item further after receiving that list.
The Commission concurred it should continue this discussion later this week. They then
determined they will contact the Clerk of the Commission to set the time.
Staff report - financing of capital equipment
City Manager Wysocki submitted to the Commission a memorandum from Director of Public
Works Holmes listing five alternative methods of snow removal and listing the costs for each of
those alternatives.
Mayor Weaver suggested a combination of sanding and snow removal might possibly be a
satisfactory alternative to the use of salt.
Commissioner Jordan asked if the City staff has talked with the State Highway Depart-
ment about the City maintaining its streets also.
City Manager Wysocki noted the Highway Department's first priority is fast-moving
traffic facilities, such as the Interstate; and streets within City limits are secondary. He noted
that is one of the primary reasons the Highway Department uses salt in maintaining the City I
streets. He then stated they have indicated a willingness to use less salt as long as it does
not become a safety problem.
The City Manager then stated that some type of de-icing mechanism is necessary; and it
may not be possible to totally eliminate the use of salt. He noted the one non-corrosive de-
icing compound is new on the market and is not yet available commercially. He noted a possible
alternative is to contract some of the snow removal and not purchase any additional equipment
at this time. Then, if a de-icer becomes commercially available in two or three years, the City
04-29-85
151
can utilize that alternative and not have several new pieces of equipment which are no longer
needed for snow removal.
Mayor Weaver once again indicated he would prefer to see a combination of alternatives
which would provide the best solution to the City, including increased sanding, contracting for
snow removal, identification of areas and interser;tions where de-icing compounds would be
required for public safety, and possible contracting with the State Highway Department for
I maintenance of Main Street.
Commissioner Vant Hull stated that Butte tried to eliminate the use of salt and was
ordered by the State Board of Health to stop using too much sand because of the dust it
created. She cautioned that Bozeman should avoid that possibility.
City Manager Wysocki then submitted to the Commission a list of items under consid-
eration for a long-term debt package and three alternatives for funding of those items. He a I so
submitted to them a tabulation of the voter turn-out at City elections from 1971 through 1984.
He stated the State Statute requires that a 40 percent voter turn-out and an affirmative vote
are required for the issuance of a General Obligation bond issue. He noted an extended lease/
purchase arrangement also requires an affirmative vote, but no specific voter turnout is
required. The City Manager then stated that some of the City's G.O. bond issues will be paid
off within the next few years; and the pay-back schedule could be established so that the
amounts on this G.O. bond issue will increase while the other payments decrease to avoid a
large increase in the mill levy. He indicated that the Commission may wish to place this item on
the September 1985 ballot.
City Manager Wysocki then submitted to the Commission a memorandum from Director of
Finance McKinney dated April 29, 1985, indicating that the City staff has pursued the selection
process for bond counsel for a General Obligation bond issue; and recommended that Dain
Bosworth, Inc., be retained.
It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the
Commission authorize and direct the staff to prepare a proposed capital improvements package
I for funding of public safety equipment and snow removal equipment, with a recommendation for
the 10- to 15-year lease/purchase option, retaining Dain Bosworth, Inc., as bond counsel, with
a report to be submitted to the Commission by June 10, 1985, at which time a determination will
be made on whether this package should be submitted to the electorate in the September 1985
election. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting
No, none.
Goals review
City Manager Wysocki suggested that the Commission defer this item for one week, at
which time Commissioner Anderson will be in attendance.
The Commission concurred, and the Mayor requested that this item be placed on next
week's agenda.
Research proposal from Michael D. Brand re Technology Research Districts
City Manager Wysocki stated that Commissioner Jordan has submitted this item in the
packets, to be added to the agenda.
Commissioner Jordan stated that Mike Brand is an MSU student looking for a research
project. He noted the Commission must consider how it wishes to approach Technology Research
Districts and possibly establish some guidelines or criteria for considering requests for the TR
District. The Commissioner noted that process will require research of existing laws and the
I legality of any restrictions the Commission may wish to adopt. He stated the City staff does
not have sufficient time to complete the research process; and a report prepared by this
student may alleviate pressures on the staff.
Mr. Mike Brand gave a brief synopsis of what he wishes to complete, noting that he will
graduate after this quarter. He noted that local governments usually operate from a reactionary
position rather than developing policies and guidelines to deal with situations before they arise.
Mr. Brand stated that his research would include what powers local government has in Montana
to deal with this issue and the type of regulations and controls that can be placed on the use
04-29-85
152
of hazardous chemicals and toxic wastes.
Commissioner Vant Hull asked Mr. Brand about his qualifications to complete this study.
Mr. Brand stated he would only be gathering information on existing rules and regulations
and what other regulations can be legally adopted. He noted that he wi II not delve into the
scientific aspects of the subject.
Commissioner Mathre asked when this project would be completed.
Mike Brand noted there is approximately six weeks left is this quarter. He stated that I
he plans to complete the project, although it may take longer than the six-week period.
Mayor Weaver asked what elements the final report on this research would contain.
Mr. Brand indicated the report will contain (1) a statement of what the City can do
under existing local government powers; (2) a statement on what other communities in Montana
and the nation have done; and (3) since RDI has indicated a willingness to work with the City,
possible suggestions on what the Commission should do to work with RDI to ensure no major
problems arise from development within the district.
Commissioner Jordan stated he feels this research would be beneficial as a basis from
which to work. He indicated that he knows the budget is tight, but he would be willing to pay
Mike Brand $300.00 for his work on this item.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission authorize Mike Brand to proceed with research on regulations for development in a
Technology Research District, with $300.00 to be paid upon receipt of the final report.
Commissioner Vant Hull stated she does not feel the Commission should set a specific
figure to pay Mr. Brand at this time, but should wait until the report is received. She stated
she cannot support the motion and then offered the following substitute motion.
It was moved by Commissioner Vant Hull that the Commission authorize Mike Brand to
proceed with research on regulations for development in a Technology Research District, at a
cost of not more than $300.00, to be determined after the final report is received. Mayor
Weaver yielded the gavel to Mayor Pro-Tempore Mathre for the purpose of seconding the motion,
after which the gavel was returned to the Mayor. The motion carried by the following Aye and I
No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor
Weaver; those voting No being Commissioner Jordan.
Commissioner Mathre then asked if Mr. Brand is willing to undertake this project for not
more than $300.00 and encouraged him to think about the matter and submit his answer to the
staff .
Mayor Weaver requested that Mike Brand work under Commissioner Jordan on this research
project.
Appointments to Recreation Advisory Board
City Manager Wysocki noted the Commission received a ballot in their packets containing
the names of those who had completed applications to serve on the Recreation Advisory Board.
He then suggested that the Commission select nine members in accordance with Ordinance No.
1175. He noted the terms of the members will be determined by straw vote at the organization
meeting for the Board under this Ordinance.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
following nine persons be appointed to the Recreation Advisory Board:
Dave Bergum School representative
Jim Brown School representative
Mike Cavaness City representative
Erhardt R. Hehn City representative
Peg Hines City representative
Joanne Jennings City representative
Daria Joyner County representative I
Rozan Pitcher County representative
Carl Spring City representative
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No,
none.
Absence of Commissioner Vant Hull - June 17 and June 24, 1985
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
04-29-85
153
Commission authorize the absence of Commissioner Vant Hull from their regular meetings of June
17 and June 24, 1985, in compliance with Section 7-3-4322, M.C.A. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre,
Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Discussion - Commissioners' calendars for June and July 1985
I City Manager Wysocki recommended that discussion on this item be deferred for a period
of one week, due to the length of this meeting. He also noted that Commissioner Anderson wi II
be back next week.
The Commission concurred; and Mayor Weaver requested that this item be placed on next
week's agenda.
Consent Items
Items. II
Claims
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the Consent Items as listed above, 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 Mathre, Commissioner Vant Hull, Commissioner
Jordan and Mayor Weaver; those voting No, none.
I Discussion - FY I items
City Manager Wysocki presented to the Commission the following IIFor Your I nformationll
items.
(1) Mayor Weaver submitted to the Commission a copy of a letter he wrote in response
to a recent advertisement in the newspaper requesting input from those adjacent property
owners interested in purchasing the Mi Iwaukee Rai Iroad right-of-way.
(2) City Manager Wysocki stated Commissioner Jordan wi II be attending a luncheon
. meeting in Butte next Monday for the Montana Certified Cities Economic Development effort.
(3) Commissioner Vant Hull noted the Legislature passed a bill on electronic poker
machines, to become effective July 1, 1985. She suggested the Commission may wish to review
the existing Ordinance and possibly make any desired changes.
Mayor Weaver requested that the Clerk of the Commission copy the existing Ordinance
and that it be placed on next week's agenda for discussion.
(4) B i" Brock, reporter for KXX L, stated that the bear wrestling activities have been
rescheduled for Thursday evening at The Sundance Saloon.
Adjournment - 7:10 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those
I voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
04-29-85
-- ------------- ------------------..--