HomeMy WebLinkAbout1985-08-12
.309
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
August 12, 1985
************************
Th~ Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, August 12, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner
I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager
Wysocki, 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 August 5, 1985, were approved as submitted.
Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. Commissioner Anderson requested that the quarterly report from the Fire
Division be removed for discussion.
for Joe Mahurin - allow construction of an
roperties ubdivision in the Jort east
This was the time and place set for a decision on the Conditional Use Permit requested
by Rodney Hobaugh for Joe Mahurin to allow construction of an equipment repair shop on Tract
6-A of the Industrial Properties Subdivision in the Northeast Annexation. This site is more
commonly known as 1606 Gold Avenue.
City Manager Wysocki recommended that the Commission approve the Conditional Use
Permit requested by Rodney Hobaugh for Joe Mahurin, subject to the conditions as recommended
by the Zoning Commission.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the Conditional Use Permit requested by Rodney Hobaugh for Joe Mahurin
to allow construction of an equipment repair shop on Tract 6-A of the Industrial Properties
I Subdivision in the Northeast Annexation, subject to the conditions recommended by the Zoning
Commission, as follows:
1. That the final drainage plan be reviewed and approved by the City
Engineering Officer prior to final approval.
2. That the applicant acquire written approval from the Yellowstone
Pipeline Company to develop within their easements. prior to final
approval.
3. That all required improvements shall be installed in accord with an
Improvements Agreement with the City of Bozeman. The owner may not
occupy the structure until all improvements required by the permit shall
have been completed, and accepted by the City, or until a financial
guarantee equal to one and one-half (11) times the amount of the cost
of the scheduled improvements shall be provided to secure completion.
4. That three copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission shall be
submitted for review and approved by the Planning Director within six
(6) months of the date of City Commission approval and prior to
issuance of a building permit for the project. One signed copy shall be
retained by the Building I nspection Division; one signed copy shall be
retained by the Planning Director; and one signed copy shall be
retained by the applicant.
5. All on-site improvements (i.e., paving, landscaping, etc.) shall be
completed within 18 months of approval of the Conditional Use Permit as
shown on the approved final site plan.
6. The Conditional Use Permit shall be valid for a period of only 18 months
I 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 will be made to the City Commission for their action.
If all required conditions have been satisfied, the permit will be
permanently renewed.
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.
08-12-85
310
Decision - Conditional Use Permit - Gene Cook and Mike and Paula Speakman - allow construction
of a new buildinCJ for wholesale sales, truck repair and warehousing on Lots 3 and 4 of the
Industrial Properties Subdivision in the Northeast Annexation 1516 -g-ryant Street)
This was the time and place set for a decision on the Conditional Use Permit requested
by Gene Cook and Mike and Paula Speakman to allow construction of a new building for wholesale
sales, truck repair and warehousing on Lots 3 and 4 of the I ndustrial Properties Subdivision in
the Northeast Annexation. This site is more commonly known as 516 Bryant Street.
City Manager Wysocki recommended that the Commission approve the Conditional Use I
Permit requested by Gene Cook and Mike and Paula Speakman, subject to the conditions as set
forth by the Zoning Commission.
Commissioner Vant Hull asked if a condition should be added to require that all of the
conditions recommended by the Zoning Commission be completed within eighteen months. She
also asked how the conditions placed on a Conditional Use Permit are enforced.
City Manager Wysocki stated that all conditions placed on a Conditional Use Permit must
be completed within eighteen months; and that condition has already been placed on this project.
He then indicated that enforcement is handled administratively through the Building Inspection
Division office.
Commissioner Vant Hull then questioned if a Letter of Credit should be required, rather
than an Improvements Agreement in Condition No.8.
Assistant Planner Elkins stated there are several methods of security for an Improvements
Agreement; and a Letter of Credit is the most commonly used alternative. She then noted a
problem sometimes arises in obtaining a Letter of Credit, particularly when the hfinal building
Inspection is completed and an occupancy permit is issued prior to the security being submitted
to the City.
Commissioner Jordan once again expressed concern about failure to comply with the
conditions placed on a project located along West Main Street and asked if approval of this
project can be tied to the other project, since the same individual is involved in both projects.
City Attorney Crumbaker-Smith reminded the Commission that a Conditional Use Permit is I
issued for a particular project on a particular site, not to the individual applicant.
Mayor Weaver noted that failure to complete improvements within the eighteen-month
period has arisen in the past; and the Commission has expressed concern. He then requested
that the staff review the procedure for obtaining an Improvements Agreement and assuring that
required improvements are completed within the eighteen-month period and submit a report to
the Commission within sixty days on a proposed method for enforcement.
It was moved by Commissioner Vant Hull. seconded by Commissioner Anderson, that the
Commission approve the Conditional Use Permit requested by Gene Cook and Mike and Paul
Speakman to allow construction of a new building for wholesale sales, truck repair and ware-
housing on Lots 3 and 4 of the Industrial Properties Subdivision in the Northeast Annexation,
subject to the conditions recommended by the Zoning Commission, as follows:
1. Easements or Property Owners' Association Agreement providing for the
use and maintenance of all shared facilities will be executed, prior to
final site plan approval.
2. Additional snow storage areas must be designated on the final site plan.
3. Six (6) percent of the gross interior parking lot area on Lot 3 will be
provided, and 75 percent will be delineated on the final site plan and
maintained as live vegetative ground cover or other plant material.
4. Additional screening will be provided along the east side of the garbage
enclosure, and will be delineated as such on the final site plan.
5. Elevations of the Phase II future addition will be attached to the final
site plan. I
6. Delineation of the Phase II Phase II boundary will be corrected on the
final site plan to provide a 26-foot backing aisle as part of Phase I and
a three-foot walkway as a part of Phase II along the southern side of
the proposed future addition.
7. Specific sign plans shall be reviewed and approved by the Planning
Director, and all signs shall comply with the following criteria:
(a) All signs will be mounted flat against the side of the structure.
08-12-85
311
(b) Each individual use within the proposed site shall be limited to two
signs, with a maximum of two signs attached to Building "A," and
a maximum of eight signs attached to Building "B."
(c) All signs will be limited to information relating to products I
services or activities occurring on the premises.
(d) The maximum size for individual signs shall not exceed 128 square
feet of area.
I (e) Flashing, revolving or moving signs shall not be permitted.
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 (1}) times the amount of the cost of
the scheduled improvements and their installation. Detailed cost
estimates, construction plans and methods of security shall be made a
part of that Agreement.
9. That three copies of the final site plan containing all the conditions I
corrections and modifications approved by the City Commission be
submitted for review and approved by the Planning Director within six
(6) 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.
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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
I Vant Hull. Commissioner Anderson. Commissioner Jordan, Commissioner Mathre and Mayor Weaver;
those voting No, none.
Barbara Pomeroy - allow a preschool on Tract B I Amended
of Lots 1 throu h 12, Block 20. Butte Addition (1422 South Willson
This was the time and place set for a decision on the Conditional Use Permit requested
by Barbara Pomeroy to allow a preschool on Tract B, Amended Subdivision Plat of portions of
Lots 1 through 12 I Block 20 I Butte Addition. This site is more commonly known as 1422 South
Willson Avenue.
City Manager Wysocki recommended that the Commission approve the Conditional Use
Permit requested by Barbara Pomeroy I subject to the conditions as set forth by the Zoning
Commission.
Commissioner Vant Hull expressed her concern about requiring paving of loading and
unloading spaces for a preschool or nursery school located in a residential area, since that
paving may deter that site from returning to residential use in the future. She also noted that
in this instance the owner and employer are the same individual and stated she feels that only
one parking space should be required for both capacities rather than the two required by the
Zone Code. The City Manager indicated that would require an amendment to the Zone Code.
Commissioner Anderson noted there is apparently a three-bedroom apartment in the
basement which is not currently rented. She then asked if additional parking spaces would be
required if that apartment were to be utilized. Assistant Planner Elkins indicated that two
I additional off-street parking stalls would be required if the apartment were utilized.
Mayor Weaver indicated he will vote in support of the application. However, he is
cognizant of the fact that the facility has been operated contrary to the Zone Code; and the
applicant indicated she did not know that when she obtained State approval that she had to
conform to City zoning. He indicated that fact did affect his judgment and entered into his
decision-making process; but he determined there is a need for this type of facility, and the
applicant's approach is sound. He noted that failure to comply with the zoning requirements
was indeed a serious oversight.
08-12-85
312
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission approve the Conditional Use Permit requested by Barbara Pomeroy to allow a pre-
school on Tract B of the Amended Subdivision Plat of portions of Lots 1 through 12, Block 20,
Butte Addition, subject to the conditions recommended by the Zoning Commission, as follows:
1. Additional information will be included on the final site plan for the
review and approval of the Planning Director, including identification of
snow storage areas. lighting specifications, drainage patterns,
additional landscape protection devices, accurate property boundaries I
and complete floor plans, including the preschool area.
2. Six (6) off-street parking spaces will be identified on the final site plan
in accordance with the provisions of Chapter 18.61. and a minimum
20-foot wide driveway shall be provided. The applicant shall obtain all
appropriate easements and approvals for the driveway.
3. The structure will be brought into compliance with all appropriate
Uniform Fire Code and Uniform Building Code requirements for Group
E, Division 2, occupancy, prior to the occupancy of the structure by
the preschool use.
4. 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. Detailed cost
estimates, construction plans and methods of security shall be made a
part of that Agreement.
5. Three copies of the final site plan containing all the conditions,
corrections and modifications approved by the City Commission shall be
submitted for review and approved by the Planning Director within six
(6) 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.
6. All on-site improvements (i .e., paving, landscaping, etc.) shall be
completed within 18 months of approval of the Conditional Use Permit.
The Conditional Use Permit shall be valid for a period of only 18 months I
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 wi II 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.
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.
It was then moved by Commissioner Vant Hull that the Commission authorize and direct
the staff to review the requirements for off-street parking at day care and preschool facilities
to see if anything can be done to keep parking requirements compatible with residential neighbor-
hoods, recognizing the requirements of public health, safety and welfare. The motion died for
the lack of a second.
Update of CDBG program - Mike Money
City Manager Wysocki stated that Senior Planner Mike Money had requested an opportunity
to provide an update on the Community Development Block Grant program.
Senior Planner Mike Money submitted a brief update on the activities to date as well as a
brief overview of upcoming items. He noted that Chris Pazder was hired in June as the Community
Development Specialist. He indicated that twelve applications have been received for the ten
single-family, owner-occupied rehab units. Also, eight applications have been received for I
fifteen units of rental rehab, which is about 50 percent of the available units under the
program. He then indicated that Chris Pazder has been working with individual applicants,
conducting on-site inspections, and completing work write-ups. The Senior Planner noted that
twenty-eight general contractors have indicated an interest in participating .in construction
projects under the CDBG program; and they are now included on mailing lists for projects to be
bid in the future.
08-12-85
313
Senior Planner Money then noted that action on many of the following items on the
agenda must be completed to conform with the guidelines for the CDBG program. He noted that
a Loan Review Committee must be established through Commission Resolution; and five persons
have been recommended for appointment to that committee. A Loan Servicing Agreement must
also be approved so that the program can be undertaken. The Senior Planner indicated that
every lending institution in the community has been contacted; and the State Capitol Employees'
I Credit Union has submitted the best offer. He then requested that consideration of this item
be pulled from today's agenda, however, because negotiations are currently underway to simplify
the fee structure contained in that agreement. Mr. Money then stated another item involves a
Commission Resolution to adjust the budget for the water main replacement in the northeast
sector of the City. He noted that the bids for this project were opened two weeks ago; and
those bids exceeded the amount budgeted for the project because unanticipated problems were
uncovered during design of the project. He indicated those problems include the need to lower
the water main; and several service lines are substandard and must be replacf:d, particularly
those which are lead pipes. He indicated that the federal guidelines allow for altering the
budgeted items. so long as the total of the amendments does not exceed five percent of the
entire grant ($25.000.00). He indicated the amount of this amendment is $23,075.00; and there
should be no problem in administering the grant while remaining within the five percent total
for amendments.
Commissioner Mathre noted the amendment does not include any monies for the administra-
tive services. Tom Moss, Housing Development Associates, stated the administration of this
project will be covered under the general administrative budget.
The Commission thanked Mike Money for his update.
Commission Resolution No. 2568 - adjusting the budget for CDBG Contract No. MT-CDBG-S84-H02
(water main replacement in the northeast sector of the City)
City Manager Wysocki presented Commission Resolution No. 2568, as prepared by the
I City Attorney, entitled:
COMMISSION RESOLUTION NO. 2568
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADJUSTING THE BUDGET FOR COMMUNITY DEVELOPMENT BLOCK
GRANT, CONTRACT NO. MT -CDBG-S84-H02.
City Manager Wysocki recommended that the Commission adopt Commission Resolution No.
2568, transfering $23,075.00 from rehabilitation to the water line rehabilitation to cover the
actual project costs, since they will be higher than estimated.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission adopt Commission Resolution No. 2568, adjusting the budget for Community Development
Block Grant Contract No. MT-CDBG-S84-H02. 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.
Award bid - water main replacement in the northeast sector of the City (CDBG monies)
This was the time and place set to award the bid for the water main replacement in the
northeast sector of the City of Bozeman. This project is to be funded with Community Development
Block Grant monies.
City Manager Wysocki reminded the Commission that the bids for this project were opened
at the regular Commission meeting held two weeks ago. He noted the bids exceeded the estimates;
and the above agenda item now provides adequate funds to cover the costs. He then recommended
I that the Commission award the bid to G & N Enterprises, Helena, Montana, in the bid amount of
$83,685.00, it being the lowest and best bid received.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bid
for the water main replacement in the northeast sector of the City be awarded to G. & N.
Enterprises, Helena, Montana, in the bid amount of $83,685.00, it being the lowest and best bid
received. 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.
08-12-85
31lt
Commission Resolution No. 2569 - establishing a CDBG Loan Review Committee
City Manager Wysocki presented Commission Resolution No. 2569, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2569
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) LOAN REVIEW COMMITTEE.
City Manager Wysocki recommended that the Commission adopt Commission Resolution No. I
2569. establishing a Community Development Block Grant Loan Review Committee.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission adopt Commission Resolution No. 2569, establishing a CDSC Loan Review Committee.
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.
Appointment of members to the CDBC Loan Review Committee
City Manager Wysocki presented to the Commission a memo indicating that the Community
Development staff has recommended five persons to be appointed to'the Community Development
Block Grant Loan Review Committee. He then recommended that the Commission appoint the five
persons listed.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
following persons to appointed to the Community Development Block Grant Loan Review Committee:
Lars Ericson Housing Committee
Nei I Wetsch State Capitol Employees' Credit Union
Wayne Jennings Housing Committee
Robyn Erlenbush Housing Committee (representative)
Director of Finance City of Bozeman
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; ')
I
those voting No, none.
Authorize City Manaqer to sign - Loan Servicing Agreement with State Capitol Employees. Credit
Union
City Manager Wysocki requested that action on this item be tabled to allow the staff an
opportunity to work with the State Capitol Employees' Credit Union to simplify the fee structure.
noting that this item wi II be placed back on the agenda within two weeks.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission table action on this item until it is placed back on the agenda. 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.
Report on kick-off plans and update on Montana Certified Cities Program - Doris Fischer,
Gallatin Development --C-orporation
City Manager Wysocki stated that Doris Fischer, Gallatin Development Corporation, has
requested an opportunity to provide the Commission with an update on the Montana Certified
Cities Program.
Ms. Doris Fischer noted that several people from Bozeman went to Helena for a training
conference on the Montana Certified Cities Program last month. She indicated that the Gallatin
Development Corporation is now ready to conduct the kick-off for this program and submitted to I
the Commission an outline of the proposed organization for the program. She noted that a
one-year and a five-year plan for economic development will be established under the MCCP
within the next year. She also indicated three ongoing programs will also be established: (1)
a Business and Industry Assistance Program, targeted to the existing business and industrial
community; (2) a Financial Resource Development Program, to strengthen financial resources
available; and (3) a Business Recruitment Program, targeted to attracting new business and
industry. Ms. Fischer stated that work on these programs will be submitted to the Montana
08-12-85
315
Ambassadors and the Department of Commerce at the end of one year for review; and the City
will then be designated as a certified city. She noted that this program will provide greater
promotion for Bozeman by the Department of Commerce; and the working relationship between
the State people and the local community wi II be strengthened. Also, the community will have
well-defined programs for economic development activities when the program is completed.
Ms. Fischer then briefly outlined the four work groups which will be established to
I complete the program work: (1) Business and Industry Committee; (2) Financial Resources
Committee; (3) Business Recruitment team; and (4) Strategic Planning team.
Doris Fischer then indicated that a kick-off will be conducted in early September for
those interested in participating in the MCCP. She stated she would like the City Commis-
sioners to serve, with one on each committee and a second one on the Strategic Planning team.
She requested that if the Commissioners have a preference, they indicate that preference prior
to appointment of the committees. Ms. Fischer also asked that the City of Bozeman co-sponsor
the kick-off meeting, if the Commission deems it appropriate.
Mayor Weaver asked how much the Commissioners will be asked to become involved in the
MCCP activities. He expressed extreme reservations about the Commissioners becoming closely
involved with a special interest group and then serving as the legislative body to review
proposals submitted to the City Commission by that group.
City Manager Wysocki reminded the Commission that the City did agree to participate in
this program. He stated the City's role in the process at this time will be to participate in
staging of the kick-off activities; and he feels the City Commission should be involved in the
development of the program so they are informed. The City Manager then indicated he feels
that participation on the various committees can be kept separate from Commission functions.
He stated that, unless the Commission indicates opposition, he will work closely with Doris
Fischer in the MCCP.
Commissioner Jordan stated he feels it is time for the City to become involved in
economic development, considering recent events.
I The Commission concurred that the City Manager participate in exploring ways for the
City to cooperate with the Gallatin Development Corporation in the MCCP.
Mayor Weaver reiterated his concern about the Commissioners becoming involved in the
various committees for the MCCP. He noted there is a fine line between the executive and
legislative functions in this form of government, which must be carefully observed. The Mayor
also noted he is not aware of any other circumstance in which the Commission has participated
on a committee for a special interest group.
Break - 5:00 to 5:10 p.m.
Mayor Weaver declared a break from 5:00 to 5:10 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
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
Dick Holmes concerning the amount of water avai lable for the remainder of the summer. The
City Manager noted that the City reduced its water consumption out of Hyalite Lake from August
1 to 10 because stream water rights were again available. He then indicated that the City is
trying to hold its demand on Hyalite Lake to 10.1 acre feet or less per day.
The City Manager then indicated that the Department of Natural Resources and Conservation
has approved the City's request to purchase 50 acre feet from one of the owners of water
rights contract in Hyalite Lake; and the staff is working on obtaining another contract as well.
I He noted that will add to the amount of stored water available to the City.
Mayor Weaver asked if there wi" be adequate stream rights available after September 15
to provide water for the City.
City Manager Wysocki stated that September 15 is a key date for water availability. He
noted that the amount of water remaining in Hyalite Lake is also very important. He noted
there are two times when stream flows are critical, at the first hard freeze and if the cold
penetrates the snow insulation and freezes the streams, as the City must rely on water from
Hyalite Lake at those times.
08-12-85
31(;
The City Manager then stated the City should not consider any change in the watering
restrictions or the enforcement thereof for the remainder of the summer.
Commission Resolution No. 2566 - intent to annex - 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) - McRay Evans Annexation
City Manager Wysocki presented Commission Resolution No. 2566, as prepared by the
City Attorney, entitled: I
COMMISSION RESOLUTION NO. 2566
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
City Manager Wysocki reminded the Commission that the staff submitted a staff report on
this proposed annexation on July 22, 1985; and on July 29, the Commission instructed the staff
to continue the annexation process. The City Manager then recommended that the Commission
adopt Commission Resolution No. 2566, stating the City's intention to annex, and set the public
hearing for September 3, 1985.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission adopt Commission Resolution No. 2566, stating the City's intention to annex the
1.925-acre tract as requested by McRay Evans, and set the public hearing for September 3,
1985. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and
Mayor Weaver; those voti ng No, none.
Commission Resolution No. 2567 - intent to annex - 2.027-acre tract located in the SEt of
Section 11, T2S, R5E, MPM (north side of West Main Street, just west of the Bobcat Lodge) - I
Stephens Annexation
City Manager Wysocki presented Commission Resolution No. 2567, as prepared by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2567
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT
OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE
PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
City Manager Wysocki reminded the Commission that the staff submitted a staff report on
this proposed annexation on July 22, 1985; and the Commission instructed the staff to continue
the annexation process. The City Manager then recommended that the Commission adopt
Commission Resolution No. 2567, stating the City's intention to annex, and set the public
hearing for September 3, 1985.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission adopt Commission Resolution No. 2567, stating the City's intention to annex the
2.027-acre tract as requested by James W. and Mabel L. Stephens, and set the public hearing
for September 3, 1985. 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. I
08-12-85
31"1
Ordinance No. 1186 - amending Sections 5.06.055, 5.56.130 and 5.56.140 of the Bozeman
Municipal Code, revisin the fees and specif in the re uirement for business licenses issued
pursuant to the Bingo and affles ct
City Manager Wysocki presented Ordinance No. 1186, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1186
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 5.06.055,5.56.130 AND 5.56.140 OF THE
BOZEMAN MUNICIPAL CODE, REVISING THE FEES AND SPECIFYING THE
REQUIREMENT FOR BUSINESS LICENSES ISSUED PURSUANT TO THE "BINGO
AND RAFFLES ACT."
City Manager Wysocki recommended that the Commission provisionally adopt Ordinance
No. 1186 and that it be brought back in two weeks for final adoption.
Commissioner Mathre asked what revisions are made by this ordinance.
City Attorney Crumbaker-Smith stated the revision more accurately reflects the adminis-
trative interpretation of the existing language. She noted that the proposed ordinance also
conforms to the State Statute.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission provisionally adopt Ordinance No. 1186, amending Sections 5.06.055,5.56.130 and
5.56.140 of the Bozeman Municipal Code, revising the fees and specifying the requirements for
business licenses issued pursuant to the "Bingo and Raffles Act," 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 Anderson, Commissioner Jordan, Commissioner Mathre. Commissioner
Vant Hull and Mayor Weaver; those voting No, none.
Commission Ordinance No. 1187 - Salary Ordinance for FY 86
City Manager Wysocki presented Ordinance No. 1187, as reviewed by the City Attorney,
entitled:
I ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE
MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS,
CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN AS REQUIRED BY LAW.
City Manager Wysocki noted that the Director of Finance salary has been left blank since
that position is not yet filled. He indicated a revised ordinance will be submitted to the
Commission for final adoption if the salary is set by that time; or a supplemental ordinance will
be submitted at the time the salary is established if it is after final adoption of this ordinance.
Commissioner Vant Hull indicated that she has been concerned about the salary of the
City Judge for the past five years. and listed three reasons she feels an increase should not be
given this year. She noted the position is part-time; the City Judge is an elected official; and
there are several young lawyers who would be interested in serving as City Judge. The Commis-
sioner also noted that the salary for the position has increased 48 percent over the past five
years; and she does not feel it should be increased now or for another two years. She stated
some young lawyers have indicated they would seek the position but do not wish to run against
an incumbent judge, since they may later represent a client in front of that judge.
Mayor Weaver reminded the Commission that the substantial raise given the position in
1984 was the result of the recommendations submitted by an ad hoc committee appointed to
review the judicial branch.
Commissioner Jordan expressed an interest in how many hours the City Judge now works
I compared to the number of hours he worked five years ago.
The Mayor noted that the proposed increase is less than the increases for the rest of
the City staff; and it does not reflect any increased pay for an increased workload.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission provisionally adopt Ordinance No. 1187, Salary Ordinance for Fiscal Year 1986, and
that it be brought back in two weeks for final adoption.
The following substitute motion was then submitted: It was moved by Commissioner Vant
Hull that Ordinance No. 1187 be revised to provide a salary of $17,100.00 for the City Judge;
08-12-85
318
and that the revised Ordinance be provisionally adopted and brought back in two weeks for
final adoption. The motion died for the lack of a second.
The original motion, to provisionally adopt Ordinance No. 1187 as submitted, then carried
by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner
Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant
Hull .
Discussion - draft letter prepared b Commissioner Vant Hull to Martha Catlin, Historic I
reservatIon icer, regarding nominations rom the Steering Committee for the Historic
Preservation Advisory Commission
City Manager Wysocki presented to the Commission a draft letter to Martha Catlin,
Historic Preservation Officer, prepared by Commissioner Vant Hull regarding securing nomina-
tions for the Historic Preservation Advisory Commission.
Commissioner Vant Hull suggested that the first paragraph be revised and that the letter
be written for the Mayor's signature, rather than the entire Commission's.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission authorize and direct the Mayor to send the letter to Historic Preservation Officer
Martha Catlin, as revised. 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 - Housing Committee Report
City Manager Wysocki stated the Commission had requested this item be placed on the
agenda.
Mayor Weaver noted the late hour of the Commission meeting and suggested that this
discussion be tabled for a period of one week.
Commissioner Vant Hull submitted to the Commission a copy of her original memo. along
with some additional comments and questions to be considered prior to the next meeting. I
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that discussion
of the Housing Committee Report be tabled for a period of one week. 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.
Quarterly Fire Division Report - April 1 to June 30, 1985
City Manager Wysocki stated that Commissioner Anderson had requested this item be
removed from the Consent Items.
Commissioner Anderson noted the report indicates that one day care center facility
inspection was conducted during the quarter. She then asked if that is a routine requirement,
indicating she feels it is necessary for public safety.
Mayor Weaver requested that Commissioner Anderson seek an answer from staff.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission acknowledge receipt of the Fire Division quarterly report for the period April 1
through June 30, 1985, and order it fi led. 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.
Consent Items
I
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
08-12-85
.319
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.
Discussion - FY I items
City Manager Wysocki presented to the Commission the following "For Your Information"
I items.
(1) A letter from Tom Plumb, Campaign Chairman for the United Way, inviting the
Commissioners to a no-host luncheon to be held at the Elks Club on October 1, 1985.
(2) A letter from Jim and Marjorie Veltkamp concerning the water tower.
(3) A letter from Herbert B. Erickson concerning the condition of the cemetery.
Commissioner Anderson noted several letters to the editor have appeared in the Chronicle
and suggested this item should possibly be discussed. She also suggested that the Commission
should possibly respond to those persons who have submitted complaints.
Mayor Weaver suggested that Commissioner Anderson draft a letter for review by the
City Commission at next week's meeting.
Commissioner Jordan suggested that the City may wish to consider a requirement for flat
headstones. which wi" eliminate many of the maintenance problems.
(4) Commissioner Jordan indicated that Jim Heimbach has requested an opportunity to
address the Commission concerning possible steps for weather modification; and that item wi" be
placed on next week's agenda.
Adjournment - 5:50 p.m.
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
I Mayor Weaver; those voting No, none.
KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
I
08-12-85