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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