HomeMy WebLinkAbout1984-04-16
118
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
April 16, 1984
************************
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 16, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner
Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager 1
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 prayer by Commissioner
Mathre.
The minutes of the regular meeting of April 9, 1984 were approved as submitted. Action
on the minutes of the regular meetings of November 14, 1983; December 5, 1983; and the special
meeting of November 26, 1983 was deferred unti I a later date.
None of the Commissioners requested that any of the items listed under Consent Items be
removed for discussion.
Open bids - Elevator remodeling for Bozeman Senior Citizen Social' Center
This was the time and place set to open bids for the elevator remodeling for the Bozeman
Senior Citizen Social Center.
The affidavit of publication for the "Call for Bids" as advertised was presented.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids
for the elevator remodel ing at the Bozeman Senior Citizen Social Center be opened and read.
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.
The following bids were then opened and read:
Base Bid Alternate Bid I
J. R. Baker Construction Company
Bozeman, Montana
License No. 3514A $38,490.00 $41,060.00
Davies Construction
Bozeman, Montana
License No. 8545 $41,754.00 $41,580.00
Edsall Construction Company
Bozeman, Montana
License No. 1720A $37,800.00 $40,200.00
Gallatin Construction
Bozeman, Montana
License No. 5775A $46,434.00 $41,147.00
Lutey Construction - The Craftsman
Bozeman, Montana
License No. 4952A $37,016.00 $35,317.00
Martel Construction, Inc.
Bozeman, Montana
License No. 2124A $40,300.00 $43,800.00
Robert A. Taylor Construction, Inc.
Bozeman, Montana
License No. 1890A $36,950.00 $39,300.00
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I
bids be referred to staff for review and a recommendation to be submitted at next week's
meeting. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and
Mayor Weaver; those voting No, none.
Request - permission to conduct Sweet Pea Triathlon 184 - July 28, 1984; and permission to use
Cooper Park and block off one block of Story Street for event
City Manager Wysocki presented to the Commission a request for permission to conduct
04-16-84
119
the "Sweet Pea Triathlon 184" on Saturday, July 28, 1984, with permission to use Cooper Park
and to block off one block of West Story Street between South Seventh and South Eighth Avenues
for the event. The City Manager stated the proposed event would run from approximately 10: 00
a . m. to 3: 30 p. m . He stated the Chief of Police has reviewed the request and indicated he has
no problems if the group provides crossing guards at the intersections for protection of the
participants. City Manager Wysocki then recommended approval of the request.
1 Mr. Colin Davis, Race Director, stated the group will monitor the intersections involved
in the bicycle race as well as the running event.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion approve the request for permission to conduct the "Sweet Pea Triathlon 184" on Saturday,
July 28, 1984, with permission to use Cooper Park and to block off one block of West Story
Street between South Seventh and South Eighth Avenues. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commis-
sioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
bandshell - May 5, 12:00 noon to 6:00 p.m. - GodSong
City Manager Wysocki presented to the Commission a request submitted by GodSong Ministries
for permission to use the Bogert Park bandshell on May 5, 1984, from 12:00 noon to 6:00 p.m.
He noted this use would include utilization of a public address system for an extended period of
time. The City Manager noted Bogert Park is located in a residential area; and the rights of
the neighborhood must be considered. He then recommended that the Commission approve the
request and authorize the staff to monitor the sound level during the event.
Commissioner Anderson asked if the request is based on six hours of sustained music.
Mr. Torn Terbush, Director of GodSong Ministries, stated the current plans include various
groups performing for one hour each, with breaks between. He noted the music would begin at
12:00 noon and end at 5:00 p.m. Mr. Terbush then stated GodSong Ministries is a nondenomina-
1 tional group, seeking nonprofit status, which is promoting contemporary Christian music and
talent.
Commissioner Vant Hull asked if an admission fee or collection will be implemented.
Mr. Terbush stated a donation box will be provided, and the group would like to have a
free will offering at the end of the concert.
City manager Wysocki asked if any City ordinance would prevent having a collection at
the end of the concert.
City Attorney Crumbaker-Smith stated there is no City ordinance that would prevent the
activity. She then stated it has been Commission policy in the past that public property not be
used by profit groups for profit-making activities.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
approve the request submitted by GodSong Ministries for permission to use the Bogert Park band-
shell on May 5,1984 from 12:00 noon to 6:00 p.m., for a concert, including use of a public
address system, and authorize the City staff to monitor the sound level during the event. 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 - dedication of a portion of South Bozeman Avenue by Buronepe Company
City Manager Wysocki presented to the Commission a memorandum from City Attorney
Crumbaker-Smith concerning the quiet title action filed by Buronepe Company for a portion of
I South Bozeman Avenue extended.
City Attorney Crumbaker-Smith stated the City is a named party in the lawsuit, which
has not yet come to trial. She stated the subject strip of property encroaches on the south side
of West Story Street perhaps a few feet; and the City may wish to become actively involved in
the lawsuit to protect that portion of the street. The City Attorney then noted the Director of
Public Service has indicated no strong feeling about receiving the subject strip for use as a
street.
Mrs. Rosemary Barnett stated the City graded the strip, which is used as an alley, until
04-16-84
12U
a few years ago. She also noted the alley has been used for garbage pickup for many years.
Also, the Police have exercised their powers along the alley; and snow removal has been done.
Mrs. Barnett also noted the World Family School placed ties along a portion of the alley; and the
City required the removal of those ties. She then stated the school busses use the alley.
City Manager Wysocki asked if the street is beneficial to the abutting properties.
Mrs. Barnett stated many residents of the area would not have access to their garages if
this strip of land is not maintained as an alley or a street. 1
Commissioner Vant Hull noted the property to the south will probably be developed as
high-density residential and asked if the increased traffic from that development would affect the
neighborhood.
Mrs. Barnett stated the current property owner has indicated he intends to provide other
access to the site, so use of the existing alley should not be dramatically increased. She then
noted the strip is 57 feet wide, which is not sufficient width for a City street.
Commissioner Mathre stated the major question to be considered is whether the City should
accept the land. She noted several complaints about poor traffic circulation have been received;
and acceptance of this strip could provide an opportunity to help alleviate that situation.
City Manager Wysocki stated the difference between the 57-foot strip and the usual 60-foot
strip is negligible; and paving and all improvements could be installed within the right-of-way.
City Attorney Crumbaker-Smith stated if this strip is not maintained as a street or an
alley, a garbage dumpster could be placed at the corner on West Story Street to service the area.
The City Attorney then indicated there are some garages which encroach on the subject strip.
Commissioner Vant Hull asked if residents in the area would be interested in participating
in an SID to pave the street.
Mrs. Barnett stated the residents probably would not consider an SI D because they are
satisfied with the current conditions.
City Manager Wysocki stated that concern about air pollutants has been raised; and unpaved
alleys and streets are a part of that concern. He noted if this becomes a public street, that
must be considered. 1
Mayor Weaver requested that the City staff research the issues which have been raised
and that this matter be placed on next week's agenda for further discussion.
Acknowled,e receipt of request for vacation of East Aspen Street from North Wallace Avenue a
dIstance 0 150 feet; set public hearing date for May 7, 1984
City Manager Wysocki presented to Commission a request for vacation of a 150-foot strip
of East Aspen Street, lying westerly from North Wallace Avenue. The City Manager recommended
that the Commission acknowledge receipt of the request and set the public hearing date for May
7,1984.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission acknowledge receipt of the request for vacation of a 150-foot strip of East Aspen
Street, lying westerly from North Wallace Avenue. 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.
receipt of resi nation from Zonin Commission; possible appointment to Zonin
City Manager Wysocki presented to the Commission a memo indicating Dick Shanahan's
resignation from the Zoning Commission.
The Commissioners indicated that they feel the position should be advertised prior to
appointment of a new member. 1
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission acknowledge receipt of Dick Shanahan's resignation from the Zoning Commission; and
authorize and direct the Clerk of the Commission to advertise the position with a closing date for
applications of April 26 and an appointment date of May 7, 1984. 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.
04-16-84
.121
Ordinance No. of the Bozeman Municipal Code providing for
maintenance 0 one exception
City Manager Wysocki presented Ordinance No. 1160, as prepared by the City Attorney,
entitled:
ORDINANCE NO. 1160
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION
1 13.24.360 OF THE BOZEMAN MUNICIPAL CODE; PROVIDING FOR MAINTENANCE
OF SEWER SERVICE LINES BY UTILITY WITH ONE EXCEPTION.
The City Manager noted this Ordinance provides that the customer bear the costs of sewer
line maintenance if tree roots have caused the problem. He then stated the Commission had
provisionally adopted this Ordinance on Apri I 2, 1984 and recommended that the Commission
finally adopt the Ordinance at this time.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis-
sion finally adopt Ordinance No. 1160, amending Section 13.24.360 of the Bozeman Municipal
Cod e . 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.
preparation of budget
City Manager Wysocki presented to the Commission a draft budget request for the City
Commission and a draft budget request for the Local Government Study Commission for Fiscal Year
1984-85 as prepared by the Clerk of the Commission. The City Manager noted initial review
indicates the revenues for Fiscal Year 1984-85 will be no different than in the past two years.
The Commission then reviewed the two budget requests as drafted.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission
provisionally adopt the budget request for the City Commission for Fiscal Year 1984-85. The
I 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.
Mayor Weaver asked if there is statutory provision for the amount to be appropriated for
the Local Government Study Commission.
City Attorney Crumbaker-Smith researched the Code and found that Section 7-3-184(2) (a),
M.C.A., stipulates that IIFor the support of the study commission, for each fiscal year the study
commission is in existence, each local government under study shall appropriate the equivalent of
at least 1 mill, and the local government may levy up to 1 mill in excess of all other mill levies
authorized by law to fund the appropriation for the support of the study commission. II
City Manager Wysocki stated the value of a mill for Fiscal Year 1983-84 is slightly more
than $19,600.00; and the County has indicated the value of the mill will probably remain the
same for next year. The City Manager also noted the City has not received revenues as originally
anticipated.
The Commission concurred that the operating budget should remain at $11,000.00 as proposed
in the draft budget request but that the monies appropriated for salaries, wages and benefits
should be decreased from the proposed $12,000.00 to $9,000.00, which would decrease the position
from a full-time to 3/4-time position.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission
provisionally adopt the budget request for the Local Government Study Commission for Fiscal Year
1984-85 as revised. The motion carried by the following Aye and No vote: those voting Aye
I being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan
and Mayor Weaver; those voting No, none.
Pledged Securities as of March 31, 1984
In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner
Mathre and Commissioner Vant Hull 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 Depository Bonds and Securities were found to be in order.
04-16-84
122
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission approve the inventory of the Depository Bonds and Pledged Securities as of March
31, 1984, and a list of these be set forth as follows:
DEPOSITORY BONDS AND SECURITIES
March 31, 1984
RATE MATURITY RECEIPT NO. TOTAL AMOUNT 1
FIRST BANK - Bozeman
Federal Deposit Insurance Corporation $ 200,000.00
Trusteed with First Bank of Minneapolis:
MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00
MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 II II 30,000.00
Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 II II 100,000.00
Gallatin Co, MT, Ser 1976 Airport Auth. 8.00 1/01/86 II II 70,000.00
Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00
Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00
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 35 Vets Welfare 5.00 8/15/87 100,000.00
Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00
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
Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00
Maryland Var Purp 4.30 11/15/85 II II 50,000.00 I
Oregon Var. Purp 5.60 7/15/93 0265 150,000.00
Cook County Illinois 5.75 11/01/93 0265 200,000.00
Anne Arundel 5.70 2/01/94 0265 150,000.00
Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00
TOTAL - First Bank - Bozeman $2,532,000.00
FIRST SECURITY BANK - Bozeman
Federal Deposit Insurance Corporation $ 200,000.00
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
5.20 12/30/84 3823 2,000.00
Chouteau Co., MT, Sch. Dist. #111
Bldg. Bd. 5.60 12/30/87 3824 18, 1 00.00
5.50 12/30/86 3825 18, 1 00.00
5.20 12/30/84 3826 18,100.00
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. I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 I
City of Helena, Lewis & Clark Co., MT;
S.I.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
Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00
Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00
City of Polson, Lake Co.,
MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00
6.90 6/01/93 II II 50,000.00
Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SKn098 100,000.00
Adams Co., CO City of Commerce GO
Storm & Sewer 7.25 8/01/92 SK77559 170,000.00
04-16-84
123
Montana Board of Housing
Single Family Program 6.10 6/01/97 SK80904 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 S .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
1 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
Trusteed with Northwestern National
Bank of Minneapolis:
Federal National Mortgage Assn. 13.75 4/1 0/85 0-130536 500,000.00
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
Fergus Falls, MN 5.00 5/01/98 6036 25,000.00
TOT AL - First Security Bank - Bozeman $2,171,300.00
MONTANA BANK - Bozeman
Federal Deposit Insurance Corporation $ 200,000.00
Trusteed with Federal Reserve Bank of Minneapolis:
Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/84-86 H951 18,750.00
County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00
County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00
County of Petroleum, MT Sch. Dist.
#159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00
City of Boulder, MT, GO Bd. 4.71 2/15/85-87 H949 12,600.00
I Grade Sch. Bldg. Dist #11 of Powell Co.
(Ovando), 'MT, Sch. Bldg. Bd. 6.00 6/04/85-89 H 1020 6,000.00
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 1/15/85,86,90 H29829 5,625.00
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
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 11/01/84 H 1 043 2,500.00
5.00 11/01/85 H 1044 2,500.00
5.00 11/01/86 H 1045 2,500.00
5.00 11/01/87 H 1046 2,500.00
New York City V 187 6.50 1/15/85 H731 10,000.00
New York City R 187 6.50 1/15/85 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
Sub Total - Montana Bank of Bozeman, Montana $ 921,075.00
Pledging Amendment to Repurchase Agreement:
Federal National Mortgage Assn. 7.95 7/10/86 200,000.00
I U.S. Treasury Notes 9.25 5/15/84 300,000.00
U.S. Treasury Notes 14.00 6/30/85 250,000.00
TOT AL - Montana Bank of Bozeman - Bozeman $1,671,075.00
FIRST CITIZENS BANK OF BOZEMAN - Bozeman
Federal Deposit I nsurance Corporation $ 2.00,000.00
Trusteed with First National Bank of Minneapolis:
04-16-84
124
U. S. Treasury Notes 10.625 7/31/85 9893 200,000.00
U. S. Treasury Notes 9.625 2/28/85 9886 100,000.00
Federal Natll Mtg Assn Residential Fin. 10.45 9/05/84 9078 300,000.00
U. S. Treasury Bills 5/17/84 9444 50,000.00
TOT AL - First Citizens Bank of Bozeman - Bozeman $ 650,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the 1
provisions of Section 7-6-207, M. C. A., have this day certified the receipts of the Federal
Reserve Bank of Minneapol is, the Northwest National Bank of Minneapolis, the First Bank of
Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Di rector of
Finance as security for the deposit for the City of Bozeman funds as of March 31, 1984, by
the several banks of Bozeman and approve and accept the same.
KENNETH L. WEAVER, Mayor JUDITH A. MATHRE, Commissioner
ANNE F. ANDERSON, Commissioner MARY B. VANT HULL, Commissioner
DENNIS E. JORDAN, Commissioner
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.
Absence of Commissioner Mathre - May 14, 1984 I
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
absence of Commissioner Mathre from the meeting of May 14, 1984 be authorized in compliance
with Section 7-3-4322, M.C.A. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre and Mayor Weaver; those voting No, none.
Discussion - FYI Items
City Manager Wysocki presented the following "For Your I nformation" items to the Com-
mission:
(1) A memo from Alec Hansen, regarding the District 10 meeting for the Montana League
of Cities and Towns to be held on Wednesday, April 18 beginning at 1: 30 p.m. in the Community
Room of the Library.
Commissioner Mathre noted a questionnaire on legislative recommendations was attached to
the memo and asked if the Commissioners wished to discuss the questions.
Mayor Weaver stated the item could be discussed following the public hearings if time
allows.
(2) A copy of a magazine news article regarding hazardous materials, submitted by
,
Commissioner Anderson.
(3) A copy of the "Findings of Fact and Conclusions of Law" prepared for the Jerry
Prescott versus the City litigation. 1
(4) Weekly construction reports as prepared by Thomas, Dean and Hoskins, Inc.
(5) The City Manager noted the staff will review the eight proposals received for
engineering services for the Switzler/Highland Boulevard construction. He stated the staff will
then interview the top three or four and submit a recommendation to the Commission.
(6) The City Manager stated an Executive Session to discuss the strategy for labor
negotiations is necessary. He suggested this item could be scheduled for next week's agenda.
(7) The draft annexation policy as prepared by the staff. The City Manager indicated
04-16-84
125
the City-County Planning Board has not submitted comments on the draft as of this date. He
then indicated this item will be placed on next week's agenda for discussion.
Commission:
Street - April 30 through
1 from one
from two
Claims
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the items
listed above be approved, and that the appropriate persons be authorized and directed to
complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis-
sioner Jordan and Mayor Weaver; those voting No, none.
Recess - 5: lOp. m.
Mayor Weaver declared a recess at 5:10 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled public hearings.
Public hearing - Conditional Use Permit - Michael C. Deane - allow tire sales, tire warehousing,
auto repair and warehouse storage on Lots 11 and 12, Block B, Tracy's First Addition (138 West
Mendenhall Street)
I This was the time and place set for the public hearing on the Conditional Use Permit
requested by Michael C. Deane to allow tire sales, tire warehousing, auto repair and warehouse
storage on Lots 11 and 12, Block B, Tracy's First Addition. This site is more commonly known
as being located at 138 West Mendenhall Street.
Mayor Weaver opened the public hearing.
Senior Planner Steve Lere presented the Staff Report. He noted the subject property is
located at the southwest corner of West Mendenhall Street and North Grand Avenue and is the
former location of Lux Transfer and Storage. The Senior Planner stated the proposed use is a
conditional use in the B-3, Central Business District. He then stated twelve off-street parking
spaces would be required for the proposed tire and auto repair shop and two office rental units.
He noted the applicant submitted a plan indicating five off-street parking' spaces; and he indi-
cated two more parking spaces could be provided if the curb cut on North Grand Avenue is elimi-
nated. This would require that five off-street parking spaces be purchased through the Parking
Commission.
The Senior Planner stated the Zoning Commission has recommended approval subject to ten
conditions. He then reviewed revisions to those conditions, including a change in wording on
Condition No. 2 to indicate the parking lot is to be paved in asphalt; elimination of Condition
No.7 if the curb cut on North Grand Avenue is eliminated; and revision of Condition No.8 to
reflect the location of the dumpster.
Mr. Michael Deane stated he agrees to the conditions as submitted by the Zoning Commission
and as revised in the staff presentation.
I No one was present to speak in opposition to the granting of the requested Conditional
Use Permit.
Mayor Weaver closed the public hearing. A decision will be forthcoming next week.
Public hearin
the practIce 0
College Street)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Thomas C. Sather, O. D., for Cyrus B. Chase to aJ Iowan optometry office on Lots
04-16-84
126
11, 12, 13 and 14, Block 52, West Park Addition. This site is more commonly known as 1007
West College Street.
Mayor Weaver opened the public hearing.
Senior Planner Steve Lere presented the Staff Report. He stated the proposed optometry
offices would be located in the Westgate Shopping Center. He noted the existing shopping center
is a nonconforming use because the parking is located within the front yard setback. The Senior
Planner stated the proposed use would be no more nonconforming than the previous use of the 1
site. Senior Planner Lere stated the Zoning Commission recommended approval of the Conditional
Use Permit, subject to one condition.
City Manager Wysocki asked if Dr. Sather has pursued the leasing of off-site off-street
parking spaces for himself and employees so that the parking in the shopping center area would
be available for clients.
Mrs. Jackie Sather, representative of the applicant, stated uncertainty. She then stated
the proposed relocation from the existing office at 111 South Tracy Avenue is to attract MSU
students, faculty and staff.
City Manager Wysocki then suggested that Dr. Sather pursue the leasing of off-street
parking for the employees to alleviate some of the parking problems in the area.
No one was present to speak in opposition to the granting of the requested Conditional
Use Permit.
Mayor Weaver closed the public hearing. A deci~on will be forthcoming next week.
Public hearing - Conditional Use Permit - Sunrise Corporation and Dave Jarrett - allow a new
office building on Lot 4, Tai Lane Addition
This was the time and place set for the public hearing or. the Conditional Use Permit
requested by Sunrise Corporation and Dave Jarrett to allow a new office building on Lot 4 of Tai
Lane Addition.
Mayor Weaver opened the public hearing.
Interim Planning Director Mike Money presented the Staff Report. He stated the Planning 1
Department received a letter dated March 23, 1984 from Linda Brock, Architect, indicating she
was no longer representing Sunrise Corporation. He stated the Planning staff attempted to
contact representatives of Sunrise Corporation and wrote a letter dated Apri I 6, 1984 indicating
the Zoning Commission had recommended denial of the request and recommending that a represen-
tative be present at the Commission meeting. He noted all attempts have been unsuccessful.
No one was present to speak in support of or in opposition to the granting of the Con-
ditional Use Permit.
Mayor Weaver closed the publ ic hearing. A decision will be forthcoming next week.
Continued ublic hearin - allow two
apartment ulldings on
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by Corbin Ross for Buz Cowdrey to allow two apartment buildings on Lots 1, 2
,
and 3, Block 1, University Square Subdivision. This public hearing was opened at the March 5,
1984 meeting and continued until a recommendation was received from the Zoning Commission.
Mayor Weaver opened the public hearing.
Interim Planning Director Mike Money presented the Staff Report. He stated the original
application for this project consisted of two three-story structures containing forty apartment
units each. He noted the Zoning Commission expressed concern with the original application
because of the size of the structures within the R-3 District and the intent of the PUD process.
The Interim Planning Director stated the applicant has revised the plans for the site, with a I
plan which now consists of nine two-story structures containing seventy apartment units. He
noted the proposed seventy units represents a 15 percent density bonus. Interim Planning
Director Money stated the applicant has also modified the parking plans, which now exceed
minimum requirements, and he has provided recreational buildings and facilities as well as open
spaces.
The Interim Planning Director stated the Uniform Building Code requires one handicapped
unit in any apartment building containing more than twenty apartments; however, since the number
04-16-84
127
of buildings has been increased, that requirement has been dropped. The Planning Staff has
recommended that two handicapped units be maintained within the project. He then stated the
Zoning Commission has reviewed this application and recommended approval, subject to fifteen
conditions.
Commissioner Jordan noted many complaints have been received about the manner in which
the area along South Nineteenth Avenue has been recently developed. He stated the Commission
1 must impress upon developers that it wishes to avoid this type of development in other areas of
the city.
Interim Planning Director Money stated the original plan provided for stucco buildings
with cedar trim. The revised application provides for masonite siding with a wood look and
broken roof lines to alleviate the massive appearance.
Commissioner Anderson asked if the proposed drainage plan might create problems.
The I nterim Planning Director reviewed the drainage plans. He noted one of the con-
ditions requires that the plans be reviewed and approved by the Fish and Game Department and
the City Engineering Officer.
Commissioner Vant Hull noted that where the stream enters the culvert may not be main-
tained adequately. She asked if Condition No.9, which addresses that item, should be more
strongly stated to provide that if the site is not properly maintained the City may require the
work done at the expense of the property owner.
Interim Planning Director Money then stated a 67-foot by nO-foot piece of this site is
located across the stream from the rest of the property. He indicated with the required set-
backs from the stream and the street, that parcel is virtually unusable. He noted this parcel
has not been addressed within the application. He suggested that the parcel could possibly. be
dedicated to the City, retained and maintained by the developer as a park, or retained by the
developer for use as a recreational area. The I nterim Planning Director recommended that this
matter be referred to the Recreation Advisory Board for review and a recommendation prior to a
decision on the Conditional Use Permit.
I City Manager Wysocki stated the application should include the entire tract of land. He
then indicated he feels the parcel would be best maintained in private ownership. He recommended
that if the parcel is donated to the City, it be donated for public purposes but not stipulated as
a park. He noted the tract is small with no opportunity for expansion, which could create
maintenance problems for the Park Division.
Mr. Corbin Ross, Architect representing Buz Cowdrey, stated the small parcel is totally
separated from the remainder of the tract and would be difficult to maintain as a part of the
development. He stated Mr. Cowdrey would be willing to donate that parcel to the City.
City Manager Wysocki stated one of the conditions refers to buffering along the east
boundary of the property. He asked what type of buffering is anticipated.
Mr. Ross stated several parking lots abut the eastern boundary line of the property. He
indicated where existing parking lots will abut the parking lot for this development, the
boundary would be left open. In those areas where the parking lot would abut a residential yard,
a lilac hedge would be planted.
Interim Planning Director Money stated the Zoning Code requires that fencing or appropriate
landscaping be installed to screen the parking lot from the residential area.
Commissioner Vant Hull asked Mr. Ross if the applicant has any problem with the condition
which provides that two apartment units be built for handicapped use.
Mr. Ross stated he has not talked to Mr. Cowdrey, but he does not feel it should be a
problem.
Commissioner Jordan asked if Mr. Cowdrey plans to establish a maximum number of persons
I for each type of apartment. He stated concern that the off-st~eet parking will not be sufficient
if several unrelated persons live in the same unit.
City Attorney Crumbaker-Smith stated the Zoning Code provides that one family may live
in each dwelling unit; and a family is defined as not more than four unrelated persons.
No one was present to speak in opposition to the granting of the Conditional Use Permit.
Mayor Weaver closed the public hearing. A decision will be forthcoming next week.
04-16-84
128
Break - 8:20 to 8:30 p.m. . d
Mayor Weaver declared a break at 8:20 p.m., to reconvene at 8:30 p.m., In accor ance
with Commission policy established at their regular meeting of March 14, 1983.
Continued public hearin - Conditional Use Permit - Gene Cook allow a PUD at the intersection
o Kagy Boulevard and. outh leventh venue extended . .
This was the time and place set for the continued public hearing on the ConditIOnal Use 1
. ted b Gene Cook to allow a Planned Unit Development on a 13. 96-acre tract of land
PermIt reques y MPM The site is more commonly
located in the SWi, Section 13, Township 2 South, Range 5 East, .
located in the southwest quadrant of the intersection of Kagy Boulevard and South Eleventh
A venue extended. . S b
Cit Manager Wysocki stated the Commission had opened the public hearing on . e~tem er
y 0 0 t b 17 1983 the CommissIon
19, 1983 and continued it for a period of one month. n coer , .' .
opened and continued the public hearing until a recommendation was received from the Zoning
Commission.
Mayor Weaver opened the continued public hearing. .
Interim Planning Director Mike Money stated the Zoning Commission gave the applIcant a
specified period of time to submit additional information on this application. Mr. Cook did not
submit the requested material within the specified period of time, but submitted a substitute
application, which will be considered in the next public hearing. Mr. Money stated the Zoning
Commission considered this public hearing closed because the requested information was not
provided and the substitute application was submitted.
Mayor Weaver closed the publ ic hearing.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis-
sion deny the Conditional Use Permit requested by Gene Cook to allow a Planned Unit Develop-
ment on a 13. 96-acre tract of land located in the SWi, Section 13, Township 2 South, Range 5
East, MPM, because the applicant did hot submit the requested information within the specified
period of time and because the applicant submitted a substitute application for consideration. 1
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.
Use Permit - Gene Cook - allow an a
southwest quadrant 0 intersection 0
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Gene Cook to allow a Planned Unit Development on a 13. 96-acre tract of land
located in the SWi, Section 13, Township 2 South, Range 5 East, MPM. The site is more
commonly located in the southwest quadrant of the intersection of Kagy Boulevard and South
Eleventh Avenue extended.
Mayor Weaver opened the public hearing.
Interim Planning Director Mike Money presented the Staff Report. He stated this site is
commonly known as Tewage Subdivision and could provide up to 251 residential units. He stated
the site plan for this Conditional Use Permit is a written plan, which is a relatively new concept.
He stated the written plan provides the developer an opportunity to develop performance guidelines
for the development, which will then be converted to a drawn final site plan. The Interim
Planning Director stated the Planning Staff has reviewed the written plan to make sure the items
listed meet or exceed the requirements of the Zoning Code.
Mr. Money stated the Zoning Commission reviewed the application and recommended approval, I
subject to eighteen conditions. He noted during that public hearing, concern was expressed about
the extension of Kagy Boulevard westward, possible closure of South Eleventh Avenue, the potential
of increased traffic on South Nineteenth Avenue and the water pressure in the area at this time.
Commissioner Jordan stated it seems the developers have been rushing to take care of the
housing problems in Bozeman during the past year. He noted with all of the multi-family residen-
tial developments which have been approved, the potential of surplus housing exists.
Interim Planning Director Money stated rent in Bozeman is high at this time. He stated
the development of new rental housing could provide an alternative to living in sub-standard
04-16-84
.
129
places. He also noted the possibility of lower rent could alleviate some of the low- and
moderate-income housing problems.
The Interim Planning Director then recommended that development of the site be limited to
two of the six tracts within this subdivision until the water line has been extended. He noted
that will allow for development of fifty to eighty units, depending upon which tracts are
developed. Interim Planning Director Money then reminded the Commission that actual development
1 and site plans for the Planned Unit Development will not be submitted to the Commission for
review, but will receive a building permit through the Building Inspection Division if all criteria
a re met. The City Commission, however. will review the Preliminary Plat for the site prior to
any development. If the Preliminary Plat is not approved, the decision on this application for a
Planned Unit Development will be null ahd void.
Mayor Weaver noted the issues of water pressure and the transportation network are major
items which must be considered prior to making a decision on this request.
Commissioner Jordan asked who would be responsible for bearing the costs of improving
South Eleventh Avenue and Kagy Boulevard along the Tewage Subdivision.
The Interim Planning Director stated in the preapplication report for the Preliminary Plat,
the Planning Staff requested that the developer develop the southern one-half of Kagy Boulevard
and the western one-half of South Eleventh Avenue to the standard which was originally approved
for Tewage Subdivision, which is less than the standards for arterial streets. He stated the
report also requested that the developer participate in the upgrading of water mains in the area
to alleviate the water pressure problems. He also stated planting screens will be required along
the arterials to shield the residential area, as well as the extension of streets through the
subdivision to provide traffic circulation to other adjacent areas as they are developed. Interim
Planning Director Money stated the Planning Staff has received no reply to the preapplication
report from Mr. Cook.
Mr Corbin Ross, Architect representing Mr. Cook, stated he does not disagree with the
conditions recommended by the Zoning Commission, but stated he had questioned some of the
1 conditions at the Zoning Commission meeting to determine the reasons for those conditions.
Commissioner Vant Hull expressed concern about the requirement of a specified number of
parking spaces per unit being made at this time, especially if the development is not completed
for a period of up to ten years. She questioned whether the provision should be more flexible.
The Interim Planning Director noted the condition stipulates"... a minimum of 2i- off-
street parking spaces per dwelling unit ... " He noted if the dwe,Iling units contains three or
more bedrooms, the number of off-street parking spaces would be increased to comply with the
Zoning Code requirements.
Commissioner Jordan stated that with the request for development of this site and the
pending request from Mr. Graf for development of the Allison Annexation, there is potential for
a large number of residences within a small area. He stated he would like to see a map indi-
cating the relationship of these developments.
City Manager Wysocki stated Mr. Graf has submitted a conceptual plan for the Allison
Annexation. He noted that plan includes provision for 1,000 dwelling units in the immediate
area.
Mr. Ross stated the applicant intends to maintain control over the type of development
allowed within the Planned Unit Development so that all structures are compatible. He then
stated Mr. Cook is willing to cooperate with other developers in trying to alleviate the water and
transportation problems. He then suggested that the City organize a meeting of the developers
to begin that process of cooperation.
No one was present to speak in opposition to the granting of the Conditional Use Permit.
I Mayor Weaver closed the public hearing. A decision will be forthcoming as soon as
possible.
Discussion - League of Cities and Towns questionnaire re legislative recommendations
The Commissioners discussed the six questions listed on the questionnaire, including a
lengthy discussion on local option taxes versus state-wide option taxes. Commissioner Mathre
indicated she will submit the responses at the meeting to be held on Wednesday.
04-16-84
-
130
Adjournment - 10:25 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned.
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.
KENNETH L. WEAVER, Mayor 1
ATTEST:
Clerk of the Commission
I
1
04-16-84