HomeMy WebLinkAbout1985-07-22
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 22, 1985
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, July 22, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner
I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager
Wysocki, Assistant City Manager 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.
The minutes of the regular meeting of July 15, 1985, were approved as submitted.
None of the Commissioners requested that any of the consent items be removed for
discussion.
City Manager Wysocki presented a management recommendation on the annexation request
submitted by Home Leasing, I nc., (J. W. Tschache, President) for a 32. 5-acre tract of land
located in the northeast one-quarter, northeast one-quarter, Section 2, Township 2 South,
Range 5 East, Montana Principal Meridian. The subject site is more commonly located at the
southwest corner of the intersection of North 19th Avenue extended and Baxter Lane.
The City Manager concurred with the Staff Report and recommended denial of the re-
quested annexation at this time. He noted there are access problems to the site; and he is
concerned about the amount of traffic that would be placed on Baxter Road, which is a County
road, as well as the intersection of Baxter Road and North 7th Avenue. The City Manager
stated he feels that annexation of the subject parcel at a future time would be beneficial, but
I the access problems must be resolved first.
Commissioner Vant Hull stated she has grave concerns about the City's annexation policy
and principles. She noted the City should possibly consider annexing land that would be
desirable and address problems during development, which may not occur for several years.
The Commissioner also expressed concern that the City's current annexation policies may lead to
problems annexing desired lands in the future.
City Manager Wysocki stated the implication when an area is annexed is that the property
will be rezoned and developed at the developer's request. He noted if the property were
annexed at this time, development of the site would be delayed unti I the access problems have
been addressed.
Mayor Weaver noted the requested annexation includes dedication of a portion of the
right-of-way for North 19th Avenue extended and questioned if denial is the appropriate strategy
at this time. He then noted that the recommendations submitted by the staff are in compliance
with the goals and policies which the Commission adopted during the past year.
Commissioner Jordan stated that he tends to agree that if the proposed annexation would
help round out the City's boundaries, it would be desirable. However, he stated he would
prefer to deny the application at this time and proceed with developing a formula for develop-
ment of roadways similar to the formula recently developed for cash-in-lieu of water rights
payments.
The City Manager noted that other property owners in the immediate area have been
discussing the possibility of requesting annexation. He stated all of the parcels could possibly
I be combined into one annexation request; but the developers must be aware that the City does
not have the monies to develop roadways to provide access to the properties.
I t was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission deny the annexation requested by Home Leasing, Inc., for a 32. 5-acre tract located
in the NEt, NEi, Section 2, T2S, R5E, MPM, at this time in concurrence with the staff recommen-
dation. The motion carried by the following Aye and No vote: those voting Aye being Commis-
sioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor
Weaver; those voting No, none.
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This was the time and place set for review of the preliminary plat requested by Bar
Land Company for the Amended Subdivision Plat of all or portions of Blocks 110, 111 and 112 of
the Northern Pacific Addition. This site is bordered by East Tamarack Street, North Church
Avenue, East Front Street and North Wallace Avenue.
Assistant Planner Marcia Elkins presented the Staff Report. She stated the proposed I
plat will incorporate several small lots into two large lots, covering slightly over six acres.
She noted the subject property is located in an M-l, Commercial--Light Manufacturing, District,
with Bozeman Creek running along the western boundary of the site. She noted that City
Transfer is currently located on the small lot; and Kenyon Noble has constructed one building
on the larger lot, with no changes anticipated at this time.
The Assistant Planner stated the staff has indicated several concerns with the proposed
preliminary plat. She noted that an alley in Block 111 has not been vacated, due to an error
or an oversight during the vacation of other streets and alleys within the subject area; and
that additional vacation should be completed prior to final plat approval. Also, East Tamarack
Street is not paved in that area, and the applicant should be required to submit a Waiver of
Protest for the Creation of a Special Improvement District for one-half a local street standard.
The Assistant Planner noted that the area has been used as a dumping site; and a lot of rubbish
still remains.
Assistant Planner Elkins then stated the City-County Planning Board reviewed the pre-
liminary plat and recommends approval, subject to five conditions as suggested by the Planning
Staff .
Commissioner Vant Hull noted that one of the concerns addressed by the Planning Board
was revegetation along the streambank, but no requirement has been included in the recommended
conditions. Assistant Planner Elkins stated that the improvement will be required prior to
approval of the final site plan. I
Mr. Joel Shouse, representing Bar Land Company, stated he has been working with Mr.
Ogle to prepare a master plan for the property, which the applicant recently acquired from the
Burlington Northern Railroad. He noted the land has received a lot of abuse; and the applicant
intends to remove the garbage currently on the site, clean up and repair the streambank, and
revegetate the area. He indicated the building currently on the site is used for storage of
lumber and manufacturing of trusses. Mr. Shouse then stated the applicant has no problems
with the conditions recommended by the Planning Staff and City-County Planning Board.
Commissioner Anderson asked about use of the gravel road along the west side of the
property, which is located within the 35-foot streambank setback. Mr. Shouse indicated the
road, which was grandfathered in, will be utilized by the night watchman. He noted the trucks
will not be using the road to gain access to the site. He also noted the roadway will also serve
as a part of the erosion control for the site, since the water from the roof of the building will
drop directly onto it before seeping through the ground to the creek.
Commissioner Vant Hull asked about the possible extension of East Front Street along the
site. Mr. Shouse indicated the applicant will request abandonment of the right-of-way for East
Front Street. He noted that he has discussed this proposed abandonment with Director of
Public Service Holmes, who stated the staff will complete an analysis of the need for that right-
of-way after the request is submitted.
City Manager Wysocki recommended that the Commission approve the preliminary plat,
subject to the five conditions as recommended by the City-County Planning Board.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I
Commission approve the preliminary plat requested by Bar Land Company for the Amended
Subdivision Plat of all or portions of Blocks 110, 111 and 112 of the Northern Pacific Addition,
subject to the conditions recommended by the City-County Planning Board, as follows:
1. The alley in Block 111 shall be vacated prior to final plat approval and
the alley shall be included in the description identified on the plat.
2. The applicants will submit a Waiver of Protest to the Creation of SI D's
for the construction and improvement of one-half of a local street
standard for East Tamarack Street.
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3. An appropriate access easement to the sanitary sewer manhole for
cleaning and maintenance will be identified on the plat.
4. The property will be brought into compliance with all appropriate zoning
codes. Should the applicants wish to file the final plat prior to
installing the required improvements, the applicants shall provide
financial security in the amount of one and one-half times the estimated
cost of those improvements.
I 5. That, if the plat is to be filed prior to all improvements being installed
and approved by the City of Bozeman, the developer enter into an
Improvements Agreement with the City of Bozeman and that it be secured
by an acceptable method of security equal to the amount of the cost of
installation on the remaining scheduled improvements. Also, plans and
specifications for construction must be approved as per Chapters 16.26
and 16.42.030 prior to submittal of final plats. The Improvements
Agreement will contain a construction time schedule and a method of
payment to the City of Bozeman for the inspection of the improvements
installation.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver;
those voting No, none.
Staff report - annexation requested by McRay Evans - 1. 925-acre tract known as Tract 1 of
COS No. 688, located in the SEt of Section 18, T2S, R6E, MPM (east of South Rouse Avenue
and south of East Lincoln Street extended)
City Manager Wysocki stated the Planning Staff has completed its initial report on the
annexation request submitted by McRay Evans for a 1. 925-acre tract of land known as Tract 1
of Certificate of Survey No. 688, located in the the southeast one-quarter of Section 18,
Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly
located east of South Rouse Avenue and south of East Lincoln Street extended.
Assistant Planner Dave Skelton presented the Staff Report. He stated the subject parcel
is currently zoned RS-1, Residential--Suburban Country Estates District, contains two accessory
I buildings and is used as a horse pasture. He noted the Master Plan designates this area as
medium-density residential; and the applicant has indicated an interest in seeking a rezoning to
R-3, Residential--Medium-Density District. The applicant has also indicated an interest in
dividing the property into five lots, building single-family houses on three of the lots and
using the other two for horse pasture at the present time. Assistant Planner Skelton then
stated the Planning Staff recommends approval of the requested annexation.
Mr. McRay Evans, owner of the property, indicated he wishes to divide the subject
parcel into five lots, building single-family houses on the three lots on the western portion of
the site for his children and their families and using the remaining two lots as horse pasture at
this time. Mr. Evans noted an interior road will be dedicated through the property to provide
access to the houses that will run parallel to South Rouse Avenue and provide an extension to
the interior roadway for development of the parcels north of his site.
The Planning Director raised a question about having horses within the city limits,
particularly in a city-density zoning designation. Mr. Evans expressed concern about that
question and indicated a need to discuss it with his family.
City Manager Wysocki noted the applicant should meet with staff to discuss this item
prior to a decision and recommended that action be tabled for a period of one week.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission table action for a period of one week on the annexation requested by McRay Evans
for a 1. 925-acre tract known as Tract 1 of COS No. 688, located in the SE! of Section 18, T2S,
R6E, MPM. The motion carried by the following Aye and No vote: those voting Aye being
I Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and
Mayor Weaver; those voting No, none.
Staff report - annexation requested by James W. and Mabel L. Stephens - 2. 027-acre tract
located in the SE-k of Section 11, T2S, R5E, MPM ( north side of West Main Street, just west of
the Bobcat Lodge)
City Manager Wysocki stated the Planning Staff has completed its initial report on the
annexation request submitted by James W. and Mabel L. Stephens for a 2. 027-acre tract of land
located in the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana
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Principal Meridian. The subject site is more commonly located along the north side of West Main
Street, just west of the Bobcat Lodge.
Assistant Planner Dave Skelton presented the Staff Report. He noted the subject site is
adjacent to the Volz/Wallin Annexation, which was recently completed. He indicated the Master
Plan designates the area as general highway commercial; and the zoning is currently 8-2- T,
Community Highway Business with a Transitional Overlay. The Assistant Planner noted the
proposed annexation would not help to round out the boundaries of the city, but it would help I
to fi II a void which exists. He then indicated the Planning Staff has reviewed the proposed
annexation, considering the goals and policies established by the Commission, and recommends
that the requested annexation be approved.
Mr. Jim Stephens, applicant, noted that a portion of the subject parcel is used as park-
ing lot for the Bobcat Lodge, which creates jurisdictional problems for police and fire services.
He then indicated that he has agreed to participate in extension of the sewer line through the
Volz/Wallin property; and access to the site will be through a common driveway with the adja-
cent property.
City Manager Wysocki recommended the Commission determine that this requested annexa-
tion is in the best interests of the community and indicate its desire to proceed with the
annexation process.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission determine the proposed annexation of the subject 2.027-acre tract of land located in
the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian, is in the community's best interests; and authorize and direct the City Attorney to
prepare a Resolution of Intention to annex the subject parcel. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre,
Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Weekly staff report - status of water availability for remainder of summer
City Manager Wysocki presented to the Commission a memo from Director of Public Service I
Dick Holmes concerning the amount of water avai lab Ie for the remainder of the summer. He
then indicated that the Director of Public Service met with the ditch rider for Hyalite to review
the amount of water available to the City through that source, and some minimal revisions have
been made. He then indicated the City has met its goal for water usage the past few days,
which is encouraging. The City Manager noted that one to two percent of the residents are not
strictly adhering to the water restrictions, but most of the people are judiciously using outdoor
water. He then indicated that he has asked some of those involved in the nursery business to
provide tips for effective use of outdoor water; and he will encourage the media to remind the
public of the watering restrictions.
Mayor Weaver asked if the current water restrictions will maintain adequate water levels
in Hyalite.
Director of Public Service Holmes stated his meeting with the ditch rider indicates that
the City has used 1500 acre feet of water from Hyalite as of Sunday, and has 1305 acre feet
still available through September 30. He noted that equates to 18.4 acre feet per day available;
and 17.26 acre feet have been used per day for the past three days. He noted the amount
taken from Hyalite was reduced again this morning, so there should be sufficient water at the
current usage levels.
Commissioner Vant Hull expressed concern that there is little padding between the amount
available and the amount being used, particularly if an emergency arises.
City Manager Wysocki indicated that at this time, the staff does not recommend that any
changes be made. However, he noted that enforcement should be increased and indicated that I
the staff will submit a proposed emergency ordinance to the Commission next week which includes
an increase in the fine from $25.00 to $100.00. He also noted there are other variable water
sources; and if the amount available decreases in those sources, the staff may propose implemen-
tation of further restrictions, noting those changes can be made in twenty-four hours. The
City Manager noted that at the present time, monitoring is the most important aspect; and that
is being done constantly.
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Commissioner Anderson stated she has received several calls supporting the water re-
strictions and suggesting that further restrictions should be considered, such as watering twice
each week or shortening the hours of watering. She also suggested possible restrictions on
washing of cars, limiting that activity to commercial establishments. She noted that hand
watering only might also be considered.
Commissioner Jordan noted the rate of evaporation is approximately 20 percent per year.
He questioned if this hot, dry weather has increased that rate sufficiently to decrease the
amount of water available. The Director of Public Service indicated it could increase the rate
of evaporation a small amount.
Commissioner Jordan then asked if the City is much closer on the amount of water avail-
able in Hyalite than it seems. The Director of Public Service indicated there are currently 4867
acre feet of water in Hyalite, of which the City has rights to 1305 acre feet. He noted the
Association by-laws require that somewhat less then 300 acre feet of water must remain in
Hyalite Reservoir; and anything over that amount can be released.
Commissioner Jordan asked if anyone has projected how much water will be avai lab Ie if
another dry winter and spring happen. Director of Public Service Holmes indicated that no
projections have been made. He then stated the reservoir was full on June 9 and was within
one-half foot of full in mid-June following last year's dry winter. He also noted that water will
be released as necessary in the spring to provide adequate space for the snow melt and the
peak runoff.
Commissioner Jordan asked how much a two- or three-million-gallon presedimentation
pond would help the City's water supply. The Director of Public Service indicated a twenty-
million-gallon presedimentation pond would help significantly, noting that would provide water
for two days' summer usage or four daysl winter usage. He noted it would help to avoid some
of the water loss the City currently faces from stream rights because of by-passing the plant.
He also noted the two-million-gallon storage tank currently under construction will help alleviate
some of the problems.
I Commissioner Anderson indicated she has contacted the Montana congressional delegation
to pursue federal funding for test groundwater wells, with possible matching funds from the
State. The Mayor asked that she keep the staff informed of any action on those items.
Commissioner Vant Hull noted that watering the lawn in the boulevard between the
sidewalk and the street tends to waste water and suggested that such watering be limited to
hand watering only.
B rea k - 5: 1 0 - 5: 20 p. m .
Mayor Weaver declared a break from 5:10 to 5:20 p.m.. in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Park reservation request - Undley Park - Sweet Pea '85 - August 2, 3 and 4, 1985
City Manager Wysocki presented to the Commission a park reservation request from Sweet
Pea 185 for use of Lindley Park on August 2, 3 and 4, 1985. He noted the accompanying letter
requests that City staff perform various functions; and the staff will complete those functions
as they have in the past. The City Manager stated the lease is basically the same as in the
past, with a $150.00 lease fee. One sentence has been added, indicating that Sweet Pea '85
may be asked to participate financially in restoration of the park if there is extensive damage to
the grass because of this being a dry year. He then recommended that the Commission approve
the park reservation request and authorize the City Manager to sign the lease.
The City Manager then noted that organizers of the Sweet Pea activities have just sub-
I mitted to the Commission copies of their draft guidelines, per the Commission's request. He
suggested that the Commissioners review those guidelines at their convenience.
Mr. George Mattson, Sweet Pea 185, noted the Board of Directors has mixed feelings
about some of the activities which have become associated with Sweet Pea. He noted the Board
would be willing to review any requests for activities centered around Sweet Pea and submit a
recommendation to the Commission.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the park reservation for Lindley Park to conduct Sweet Pea 185 activities on
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August 2, 3 and 4, 1985 and authorize the City Manager to sign the I~ase agreement. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre,
Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those
voting No, none.
Request - permission
24, 1985, 12:30 p.m. -
City Manager Wysocki presented to the Commission a request from the AI Bedoo Temple
to conduct a Shrine Masonic Parade on Saturday, August 24,1985, at 12:30 p.m., on North
Seventh Avenue and Main Street to conclude at Bogert Park. The City Manager stated the
staff has reviewed the request and concurred in the recommendation that the parade be
approved, but that the route be limited to Main Street and South Church Avenue to Bogert
Park. He indicated the staff will work with the applicant in determining the parade route to be
followed.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the request submitted by the AI Bedoo Temple to conduct the Shrine Masonic
Parade at 12:30 p.m., on Saturday, August 24,1985, with the route to be limited to Main
Street and South Church Avenue to Bogert Park. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner
Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none.
Discussion - requested amendment to lease with the Beall Park Art Center - re maintenance of
outdoor public restrooms
City Manager Wysocki presented to the Commission a request from the Beall Park Art
Center for an amendment to the lease to remove the maintenance of the two outdoor public
restrooms from the lessee's responsibility and place them under the City1s responsibility. The
City Manager noted that sometimes the rest rooms are locked under the present circumstances;
and he feels it would be best for the City to assume responsibility for the maintenance of those I
facilities so that they remain open on a more regular basis.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission authorize and direct the staff to proceed with execution of an amendment to the
lease to place maintenance of the two outdoor public restrooms at the Beall Park Art Center
under the City rather than under the lessee. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
- fourth and fifth sections of the Housin Committee Re ort, entitled IILandll and
City Manager Wysocki stated the Commission had set this as the time to discuss the
fourth and fifth sections of the Housing Committee Report, entitled IILand" and IIFinance."
Commissioner Anderson asked for Commission comments on the "Land" report.
Commissioner Mathre noted the land inventory seems to indicate there is no land available
for construction of low- and moderate-income housing. She also noted there are not many
vacant structures in Bozeman that could be considered for low-income housing projects.
Commissioner Vant Hull stated one of the possible suggestions for consideration is re-
zoning some of the existing M-l property to allow more residential development. She then
suggested the Commission may wish to discuss this item further at the July 30 meeting for
discussion of the "Zoning" section of the report.
Commissioner Anderson noted one of the suggestions that former Mayor AI Stiff made I
when this item was first discussed was the possibility of churches becoming involved, with some
alternatives being through land donation or through rehabilitation of an abandoned church
building, preferably in the downtown area.
Mayor Weaver noted that the possibilities suggested require action from individuals, not
Commission action.
Commissioner Jordan noted that most of the cities with cheap land for low-income housing
are big and have received federal monies to tear down entire sections and rebuild. He noted
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that Bozeman does not have a slum or rundown area; and no federal monies are available for
such activities.
The Commission then turned its discussion to the fifth section of the report, entitled
"Finance."
Commissioner Vant Hull noted that funding options include programs at the local, state
and federal levels; and programs at the state and federal levels do not appear feasible at this
I time. She then noted that one of the local options is through the use of Industrial Development
Revenue Bonds, which she feels is a viable alternative. She then suggested that the Commission
affirm that the majority of the Commission is willing to consider the use of lOR's for the con-
struction of a low-income housing project, because it is the public's perception that the City
will not approve any requests.
Mayor Wepver noted the Commission has received only one application for the use of
IOR1s to construct low-income housing; and that application was defeated. He expressed concern
about indicating what appears to be a blanket approval for projects which the Commission has
not seen or reviewed.
Commissioner Anderson stated she feels the use of CDBG monies for land acquisition is a
possibility. She also noted the City could provide incentives for development of low-income
housing. The Commissioner noted another possible use of CDBG monies would be for rehabilitation
of the old hospital building for low-income housing.
It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the
Commission reaffirm that it will indeed examine anybody1s request for housing Industrial
Development Revenue bond issues on a project-by-project basis. The motion failed by the
following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner
Mathre; those voting No being Commissioner Anderson, Commissioner Jordan and Mayor Weaver.
Discussion - goals and policies for upcoming year
City Manager Wysocki noted a list of the items which the Commission had selected as
I possible goals and policies for the upcoming year was included in the packet. He suggested
that the Commissioners list their top three priorities for the goals and policies and submit them
to the Clerk of the Commission for tabulation. He noted a summary will then be submitted in
next week1s packet; and the Commission could then discuss those items, noting that will be a
fifth Monday meeting.
Review of draft letter by Mayor Weaver to County Commission requesting their financial support
for air quality monitoring equipment
City Manager Wysocki noted a copy of the draft letter prepared by Mayor Weaver to the
County Commission requesting their financial participation for air quality monitoring equipment
was included in the packet. The Commission reviewed the letter and made no changes.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission authorize and direct the Mayor to sign the letter as drafted. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner
Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No,
none.
Review of letter drafted by Commissioner Vant Hull to the County Commission re funding for
Recreation Department
City Manager Wysocki noted a copy of the draft letter prepared by Commissioner Vant
Hull to the County Commission concerning funding for the Recreation Department was included
I in the packet. The Commission reviewed the letter and determined that the final paragraph
should be deleted.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission authorize and direct the Mayor to sign the letter as revised. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant
Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none.
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Ordinance No. 1184 - amendinq Chapter 13.28 of the Bozeman Municipal Code, to expand the
rules and regulatIons for the operation of the sewage dlsposaT system
City. Manager Wysocki presented Ordinance No. 1184, as reviewed by the City Attorney,
entitled:
ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER
13.28 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR RULES AND I
REGULATIONS FOR THE OPERATION OF THE SEWAGE DISPOSAL SYSTEM FOR
THE CITY OF BOZEMAN SEWER UTILITY DIVISION; REPEAL OF SECTIONS
13.36.120 AND 13.36.130 OF CHAPTER 13.36 OF THE BOZEMAN MUNICIPAL
CODE; AND REPEAL OF CHAPTER 13.40.
City Manager Wysocki noted the Commission had provisionally adopted this Ordinance on
July 8, 1985 and recommended that it be finally adopted at this time.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission finally adopt Ordinance No. 1184, amending Chapter 13.28 of the Bozeman Municipal
Code, to expand the rules and regulations for the operation of the sewage disposal system.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver;
those voting No, none.
Commission Resolution No. 2565 - endorsing implementation of an industrial waste water
pretreatment program
City Manager Wysocki presented Commission Resolution No. 2565, as reviewed by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2565
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ENDORSING THE IMPLEMENTATION OF AN INDUSTRIAL WASTE
WATER PRETREATMENT PROGRAM FOR THE PUBLICLY OWNED TREATMENT
WORKS OF THE CITY OF BOZEMAN, MONTANA.
City Manager Wysocki noted this Resolution is a companion to the Ordinance finally I
adopted above. He stated this item is also requested by the Environmental Protection Agency
as a part of the Waste Water Treatment Plant project. He then recommended that the Commission
adopt this Resolution.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission adopt Commission Resolution No. 2565, endorsing implementation of an industrial
waste water pretreatment program. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner
Vant Hull and Mayor Weaver; those voting No, none.
Application for gaming license - Karl Marks Pizza - one electronic keno machine - through June
30, 1986
City Manager Wysocki presented to the Commission an application, along with the required
fee, submitted by Karl Marks Pizza for a gaming license to allow one electronic keno machine
through the period June 30, 1986. The City Manager recommended that the Commission approve
the application.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission approve the application for gaming license submitted by Karl Marks Pizza for one
electronic keno machine for the period through June 30, 1986. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre,
Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I
Pledged Securities as of June 30, 1985
In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner
Anderson and Commissioner Jordan had examined the receipts of Depository Bonds and Pledged
Securities held by the Director of Finance as security for City funds deposited in Bozeman
banks. The inventory of the Depository Bonds and Securities was found to be in order.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
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Commission approve the inventory of the Depository Bonds and Pledged Securities as of June
30, 1985; and a list of these be set forth as follows:
DEPOSITORY BONDS AND SECURITIES
JUNE 30, 1985
RATE MATURITY RECEIPT NO. TOTAL AMOUNT
I FIRST BANK - Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with First Bank of Minneapolis:
Gallatin Co, MT, Ser 1976 Airport Auth. 8.00 1/01/86 9020-6892 70,000.00
Helena, MT, Parking Fac Refdg Rev 7. 125 1/01/86 140,000.00
NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00
NY Trans Cap Fac 4.70 2/15/87 50,000.00
Sanders County, MT, GO 7.00 7/01/87 2,000.00
Sanders County, MT, GO 7.00 7/01/87 65,000.00
Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00
Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00
State of WA Ser A GO 5.60 4/01/89 165,000.00
County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00
Bozeman, MT, GO 4.70 1/01/90 45,000.00
Bozeman, MT, GO 4.80 1/01/91 45,000.00
Bozeman, MT, GO 4.90 1/01/92 45,000.00
WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 , 115,000.00
WA St Ser R GO 5.40 4/01/93 " 185,000.00
Oregon Var. Purp 5.60 7/15/93 0265 150,000.00
Cook County Illinois 5.75 11/01/93 0265 200,000.00
Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00
TOT AL - First Bank - Bozeman $1,827,000.00
FI RST SECURITY BANK - Bozeman
Federal Deposit I nsurance Corporation $ 100,000.00
I Trusteed with United Bank of Denver:
State of MT, Ex Officio Reg., Mont.
Univ. System 4.625 1/01/86 3819 15,000.00
Chouteau Co., MT, Sch. Dist. #44
Bldg. Bd. 5.60 12/30/87 3820 13,000.00
5.50 12/30/86 3822 13,000.00
Chouteau Co., MT, Sch. Dist. #111
Bldg. Bd. 5.60 12/30/87 3824 1 8 , 1 00. 00
5.50 12/30/86 3825 18, 1 00.00
City of Bozeman, Gallatin Co., MT,
GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00
. 4.40 10/01/87 6319 40,000.00
City of Helena, Lewis & Clark Co., MT;
S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00
City of Helena, Lewis & Clark Co., MT;
S.1. D. Bonds #289 7.00 1/01/91 6523 6,000.00
City of Helena, Lewis & Clark Co., MT;
S.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00
Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00
City of Polson, Lake Co.,
MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00
6.90 6/01/93 " " 50,000.00
Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00
Adams Co., CO City of Commerce GO
Storm & Sewer 7.25 8/01/92 SK77559 170,000.00
I Montana Board of Housing
Single Family Program 6.10 6/01/97 SK809011 100,000.00
Vail, CO, Land Transfer Tax
Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00
City of Maple Grove, MN, GO Imp.
Bds. 8.00 2/01/93 SK146439 100,000.00
Unita County 5.1. D. #6
State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK149545 120,000.00
Bozeman, MT, S.1. D. #625 9.75 1/01/2001 SK155026 100,000.00
Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00
Washoe County School Dist., Nevada
GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00
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Lynchburg, VA 10.00 6/01/2012 228049 300,000.00
North Slope Borough, AK G. O. 9.25 9/20/89 257806 200,000.00
Trusteed with Northwestern National
Bank of Minneapolis:
Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00
4.50 8/01/85 5020 30,000.00
Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00
4.50 4/01/2000 5022 35,000.00
Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 I
Fergus Falls, MN 5.00 5/01/98 6036 25,000.00
PLEDGED TO THE CITY OF BOZEMAN, AWAITING RECEIPTS
State of Hawaii 11.5 8/01/90 200,000.00
So. Dakota Health Ed Rev 6.70 9/01/90 100,000.00
U.S. Treasury Bill 8.65 4/17/86 1,000,000.00
FED Farm Credit Banks 10.55 10/20/87 1,000,000.00
TOT AL - First Security Bank - Bozeman $4,402,200.00
MONTANA BANK - Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with Federal Reserve Bank of Minneapolis:
Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/85-86 H951 12,500.00
County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00
City of Boulder, MT, GO Bd. 4.71 2/15/86-87 H949 8,400.00
Grade Sch. Bldg. Dist #11 of Powell Co.
(Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/86-89 H 1127 4,000.00
Pueblo West Metro. Dist. CO, Dist. Bd.
of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00
City of Polson, MT GO Bd. of 1970 6.00 1/15/86,90 H29829 3,750.00
City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00
Trout Creek, MT Sch. Dist. #6 of
Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00
5.30 12/31/94 H30311 19,000.00
5.35 12/31/95 H30312 19,000.00 I
Florida State Full Faith & Credit
Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00
Saginaw Cnty, MI Ser II Thomas,
TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00
Co. of Madison, MT Sch. Dist. #5 of
Madison Co., School Dist. Bd. 5.00 11/01/85 1-11044 2,500.00
5.00 11/01/86 H 1 045 2,500.00
5.00 11/01/87 H 1 046 2,500.00
U.S. Treasury Notes 10.625 8/31/85 H731 10,000.00
U.S. Treasury Notes 10.625 8/31/85 H729 90,000.00
North Slope Boro GO 6.75 11/01/88 944 100,000.00
Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00
Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00
Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00
Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00
Total - Montana Bank of Bozeman, Montana $ 875,650.00
FIRST CITIZENS BANK OF BOZEMAN - Bozeman
Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with First National Bank of Minneapolis:
U.S. Treasury Notes 10.625 7/31/85 9893 200,000.00
U.S. Treasury Notes 10.875 2/28/86 9886 100,000.00
TOT AL - First Citizens Bank of Bozeman - Bozeman $ 300,000.00 I
WESTERN BANK OF BOZEMAN - Bozeman
Federal Deposit Insurance Corp.
100,000.00
Trusteed with American National Bank & Trust Company:
U. S. Treasury Notes 10.7/8 12/31/85 360433 300,000.00
TOTAL - Western Bank of Bozeman - Bozeman 300,000.00
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This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the Federal
Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of
Minneapolis, the United Bank of Denver, the American National Bank & Trust Co., for the
Depository Bonds held by the Director of Finance as security for the deposit for the City
of Bozeman funds as of June 30, 1985, by the several banks of Bozeman and approve and
accept the same.
I KENNETH L. WEAVER, Mayor JUDITH A. MATHRE, Commissioner
ANNE F. ANDERSON, Commissione,A MARY B. VANT HULL, Commissioner
DENN IS E. JORDAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor
Weaver; those voting No, none.
Discussion - FYI items
City Manager Wysocki presented to the Commission the following IIFor Your I nforma-
tion II items.
(1) Commissioner Vant Hull invited those Commissioners interested to join her in
touring the Orionics facility at 11:30 a.m. tomorrow.
(2 ) Mayor Weaver stated he has received a request from the Gallatin Development
Corporation to participate in the Tri-State I nventors' Conference to be held on Friday and
I Saturday. He suggested the Commissioners may be interested in stopping by the confer-
ence on one of those two days.
(3) Mayor Weaver stated he has received a letter from Ted Williams concerning the
City1s water supply. He indicated he will distribute copies of the letter to the Commission-
ers.
(4) Commissioner Anderson stated she has received a letter from Representative Ron
Marlenee1s office regarding the Revenue Sharing program; and she will distribute copies to
the Commissioners.
(5) A letter of resignation from the Housing Committee submitted by Pat Gober.
(6) A letter from Mr. and Mrs. Earl Peace suggesting the installation of sidewalks
throughout the city, and particularly along West Koch Street.
(7) Agenda for the Zoning Commission meeting to be held on July 23, 1985.
(8) The City Manager stated that the hospital has indicated that a tour of their new
facility could be done on Wednesday or Thursday, August 21 or 22 at 2:00 p.m. Mayor Weaver
suggested that the Commission discuss this item next week.
(9) The City Manager noted that the City has used the millings from the interstate
repair to put a thin pavement on East Peach Street and East Tamarack Street to alleviate
some of the dust problems.
(10) Commissioner Jordan noted a recent editorial in the newspaper indicated that
the City waited too long to begin watering restrictions. He stated he firmly disagrees with
that editorial and feels that the City has acted properly. He noted that by waiting, the
I City has proceeded in a step-by-step manner and the public has been cooperative. He
expressed concern that if the City had proceeded with restrictions earlier, the public may
have considered it as "crying wolf" and would not have been as cooperative.
Consent Items
City Manager Wysocki presented to the Commission the following IIConsent Items. II
Application for Raffle License - Sapphira Nile Club - August 25, 1985 -
to be raffled are a gas grill and food processor valued at $258.00
Claims
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292
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, 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 Jordan, Commissioner Mathre, Commissioner Vant
Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Adjournment - 6:15 p.m. I
There being no further business to come before the Commission at this time, it was
moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and
Mayor Weaver; those voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
I
I
07-22-85