HomeMy WebLinkAbout1984-06-25
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
June 25, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, June 25, 1984, at 4: 00 p.m. Present were Mayor Weaver, Commissioner I
Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager
Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
The minutes of the regular meetings of December 5, 1983, and June 18, 1984 were
approved as amended.
None Of the Commissioners requested that any of the Consent Items be removed for
discussion.
De~isi~n - Conditional Use Permit - Ken LeClair - allow construction of seventeen townhouse
Units In Block 4, Thompson's Fourth Addition Woodbrook Townhouses)
This was the time and place set for the decision on the Conditional Use Permit requested
by Ken LeClair to allow construction of seventeen townhouse units in Block 4 of Thompson's
Fourth Addition. This project is more commonly known as Phase IV of the Woodbrook Planned
Unit Development and is more commonly located in the northeast corner of the intersection of
South Tracy Avenue and Hoffman Drive.
City Manager Wysocki ~tated the Commission conducted the public hearing on this
Conditional Use Permit at last week's meeting. He then concurred in the Zoning Commission's
recommendation that the Conditional Use Permit be approved, subject to fifteen conditions.
Commissioner Jordan suggested that Condition No. 2 be revised to state that sidewalks
will not be required at this time, but the developer must sign a waiver of protest of creation of I
an SID for installation of sidewalks in the future.
Commissioner Anderson stated the Commission has recently adopted a policy requiring
installation of sidewalks in all new developments and should not waive that policy. She also
stated she feels sidewalks would be a public benefit in that area.
Commissioner Vant Hull stated she feels installation of sidewalks may encourage other
property owners in the area to install sidewalks.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Conditional Use Permit requested by Ken LeClair to allow construction of seventeen townhouse
units in Block 4 of Thompson's Fourth Addition be approved, subject to the following conditions:
1. That concrete and wooden decks and patios not be constructed within the
35 foot stream setback area. All decks, patios, etc., must be illustrated
on the final site plans.
2. That sidewalks be installed to City standards along Hoffman Street and
South Tracy Avenue.
3. That the existing rights-of-way be kept free of berming and landscaping.
4. That the location of needed fire hydrants be reviewed and approved by
the Fire Chief and Public Service Director.
5. That the width of the drive area be increased to 26 feet in those areas
that will have vehicles backing into that facility.
6. That the northern-most drive be designed and constructed to provide
adequate room for vehicles backing out of the northern-most driveway. I
7. That additional landscaping be utilized to soften the effect the northern
drive area will have on Phase I.
That the final site plan not be approved until the applicant has received
8.
preliminary subdivision plat approval.
9. That the garbage collection system be reviewed and approved by the
Street Superintendent prior to final site plan approval.
10. That the water, sanitary sewer, drainage and paving plans be reviewed
and approved by the Engineering Officer prior to final site plan approval.
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.
11. That all planned activity to occur within the 100-year floodplain be
reviewed and approved by the Engineering Officer prior to final site plan
approval.
12. That the developer enter into an Improvements Agreement with the City of
Bozeman. If occupancy is to occur prior to the installation of all
scheduled improvements, the developer shall provide a method of security
equal to one and one-half (1 t) times the estimated cost of the remaining
improvements. Said agreement shall include detailed plans and specifi-
I cations of all improvements, cost estimates and final site plans.
13. That three (3) copies of the final site plan containing all the conditions.
corrections and modifications approved by the City Commission be sub-
mitted for review and approval 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 (1) signed copy shall be
retained by the Building Division; one (1) signed copy shall be retained
by the Planning Director; and one (1) signed copy shall be retained by
the applicant.
14. All on-site improvements (i .e., paving, landscaping, etc.) shall be
completed within eighteen (18) months of the approval of the Conditional
Use Permit as shown on the approved final site plan.
15. The Conditional Use Permit shall be valid for a period of only eighteen
(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 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.
Decision - Conditional Use Permit - Audie Collins - allow construction of an auto and service
repair business on Lot 25C, Amended Plat of Lot 25 of Gordon Mandeville State School Section
I Subdivision (northeast corner of intersection of Lea Avenue and Griffin Drive)
This was the time and place set for the decision on the Conditional Use Permit requested
by Audie Collins to allow construction of an automobile and service repair business on Lot 25C,
Amended Plat of Lot 25 of the Gordon Mandeville State School Section Subdivision. This site is
more commonly located at the northeast corner of the intersection of Lea Avenue and Griffin
Drive.
City Manager Wysocki stated the Commission conducted the public hearing for this
Conditional Use Permit at last week's meeting. He then concurred in the Zoning Commission's
recommendation that the Conditional Use Permit be approved, subject to twelve conditions.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the Conditional Use Permit requested by Audie Collins to allow construction
of an automobile and service repair business on Lot 25C of Amended Plat of Lot 25 of Gordon
Mandevi lie State School Section Subdivision, subject to the following conditions:
1. That sanitary sewer plans be reviewed by the Public Service Director and
Engineering Officer prior to final site plan approval.
2. That a 25 foot setback be provided off Griffin Drive.
3. That two curb cuts be utilized to service the property. Their location and
design must be reviewed and approved by the Engineering Officer prior to
final site plan approval.
4. That the final site plans contain a typical section illustrating the type of
curbing and the depth of paving and subbase to be provided.
I 5. That the drainage plans be reviewed and approved by the City Engi-
neering Officer prior to final site plan approval.
6. That exterior security lighting be provided for the off-street parking
area.
7. That adequate irrigation be provided to all landscaped areas.
8. That the property be limited to the use of one sign. Said sign shall be
nonluminous and nonreflective in nature.
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228
9. That the developer enter into an Improvements Agreement with the City of
Bozeman. If occupancy is to occur prior to the installation of all
scheduled improvements, the developer shall provide a method of security
equal to one and one-half (1!) times the estimated cost of the remaining
improvements. Said agreement shall include detailed plans and specifi-
cations of all improvements, cost estimates and final site plans.
10. That three (3) copies of the final site plan containing all the conditions,
Gorrections and modifications approved by the City Commission be sub-
mitted for review and approved by the Planning Director within six (6) I
months of the date of a building permit for the project. One (1) signed
copy shall be retained by the Building Division; one (1) signed copy shall
be retained by the Planning Director; and one (1) signed copy shall be
retained by the applicant.
11. All on-site improvements (i.e., paving, landscaping, etc.) shall be
completed within eighteen (18) months of the approval of the Conditional
Use Permit as shown on the approved final site plan.
12. The Conditional Use Permit shall be valid for a period of only eighteen
(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 will be made to the City Commission for their action.
If all required conditions have been satisfied. the permit wi II be
permanently renewed.
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.
Decision - Zone
add ommu nity
through R-O
This was the time and place set for the decision on the Zone Code Amendment to amend
Section 18.52.140 of the Bozeman Municipal Code, to add Community Residential Facilities as a
conditional use in all residential zones designated A-S through R-O. I
City Manager Wysocki stated the public hearing on this Zone Code Amendment had been
held last week. He then concurred in the Zoning Commission's recommendation for approval of
the Zone Code Amendment.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com-
mission approve the Zone Code Amendment to amend Section 18.52.140 of the Bozeman Municipal
Code, to add Community Residential Facilities as a conditional use in all residential zones
designated A-S through R-O. 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.
- intent to create SID No. 646 - sanitar sewer and
This was the time and place set for the decision on Commission Resolution No. 2499.
entitled:
COMMISSION RESOLUTION NO. 2499
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 646 FOR THE PURPOSE
OF CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER
MAIN TO SERVE THE ADJOINING PROPERTIES, MORE SPECIFICALLY
DESCRIBED AS FOLLOWS: AN 8-INCH WATER MAIN AND APPURTENANCES
AND AN 8-INCH SANITARY SEWER AND APPURTENANCES.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER AND I
WATER MAIN TO INCLUDE ALL TRENCH EXCAVATION AND BACKFILL,
BEDDING MATERIAL, SANITARY SEWER LINES, DUCTILE IRON WATER MAIN,
MANHOLES, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS AND
OTHER NECESSARY APPURTENANCES.
City Manager Wysocki stated the Commission conducted the public hearing on this
Commission Resolution at last week's meeting. He noted no written or verbal protest has been
received and recommended that the Commission approve creation of this SID.
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223
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission approve creation of Special Improvement District No. 646 for the installation and
construction of a sanitary sewer and water main in the North Seventh Annexation; and au-
thorize and direct the City Attorney to prepare a Resolution of creation. 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,
I none.
Commission Resolution No. 2508 - inducement resolution for IDR bond issue for Felska/Solvie
Convention/Motel Center
City Manager presented Commission Resolution No. 2508, as reviewed by the City At-
torney, entitled:
COMMISSION RESOLUTION NO. 2508
RESOLUTION RELATING'TO A PROJECT AND REVENUE BONDS UNDER TITLE
90, CHAPTER 5, PART 1, MONTANA CODE ANNOTATED; APPROVING AND
AUTHORIZING THE FELSKA/SOLVIE PROJECT, AND THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR.
The City Manager stated the Commission had deferred action on this item for a period of
one week.
Mayor Weaver noted he had expressed concern during the public hearing because no
representative of the financial community was present to discuss the marketability of the bonds.
He stated the Commission has just received a letter from the First United Securities Group of
California indicating that, if the City approves the I DR bond issue and a favorable tax opinion
is received from the bond counsel, the firm will buy the bond issue, subject to the following
terms and conditions:
1. Successful approval and subject to conditions of the City of Bozeman.
2. Favorable feasibility study from Laventhol and Horwath.
3. Personal guarantees from the general partners.
4. Construction surety bond containing liquidity damages.
I 5. Building permit.
6. Assurance that the appropriate water and sewer are available.
City Manager Wysocki reviewed the conditions in the letter, as listed above. He noted
the concerns expressed in the letter are the same as those raised by the Commission. The City
Manager then stated he has asked John Taylor, architect for the project, to prepare drawings
indicating the square footages for the various activities. He noted the major concerns are the
amount of meeting space available as well as assurance that the atrium area will be completed.
Mr. Taylor stated one of the meeting rooms area is 7,450 square feet and can be divided
into four separate meeting rooms with movable walls. He noted there are smaller meeting rooms
with permanent dividers which include an additional 705 square feet. Mr. Taylor then stated
there are many standards for the amount of space required per person, with those standards
varying from seven to fifteen square feet per person, so it is difficult to determine how many
people the area would accommodate. He also stated the atrium will be 115 feet by 118 feet,
providing a total of 13,570 square feet on one level. He noted the atrium is a multi-level
facility, with each level containing a different square footage.
Mr. Taylor also submitted a drawing indicating the floor plan around the atrium on the
various levels. He noted the convention area has been set up to allow displays in the pre-
convention lobby as well as in the convention area and pool area.
Commissioner Vant Hull asked if anything will be done to assure that the acoustics will
be good in the large area.
Mr. Taylor indicated an acoustical tile ceiling will be installed, but no additional
I measures have been considered.
City Manager Wysocki then submitted to the Commission proposed amendments to the
Commission Resolution. He then reviewed those revisions, which include (1) clarification of the
items to be included in construction of the convention/ hotel center; (2) the stipulation that the
bonds must be issued within one year of the date of this Resolution; (3) that the developers'
equity must include a minimum of $1 million in cash or Letters of Credit, committed before the
bonds are issued; (4) remove the specific name of the bond counsel; and (5) provide that the
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23U
City may have the project documents reviewed by independent counsel, at the developers' expense.
The Commission reviewed and accepted each of the recommended revisions.
Mayor Weaver noted the Commission received a letter from Mr. William J. Sebena dated
June 24,1984 at 3:45 p.m., on Monday, June 25,1984, which reiterates the concerns he pre-
viously expressed during the public hearings.
Commissioner Jordan expressed concern about the proposed project. He indicated he is
not convinced the proposed facility is a convention/hotel center rather than another hotel which I
will create more competition in Bozeman. Also, he noted the center of Bozeman is currently the
downtown area, with spokes around Monta'na State University, Main Mall and North Seventh Avenue,
and questioned whether the City services should be stressed by additional development in one
of the outer areas. The Commissioner also noted one of the goals is to maintain the integrity of
the downtown area.
Commissioner Anderson stated another goal is to encourage tourism, and development of
this project would help make Bozeman more competitive in this area. She also stated she feels
approval of the project would benefit the community.
Commissioner Vant Hull stated maintaining the downtown area is very important. She
questioned, however, whether development of the proposed convention/hotel center would harm
the downtown area. The Commissioner stated the information she has gathered indicates that
Bozeman is not receiving as much of the tourism and convention trade as it could; and this
project should allow this city to become more competitive with other cities in the state.
Commissioner Mathre stated the major concern has been about the economic feasibility of
the project. She noted if the project is feasible, it should be completed. I f it is found not to
be feasible, the City has reserved the right to withdraw at any time in the future. She noted
this is only the beginning of the process for development of the project and does not provide
any assurance that the project will be completed.
Mayor Weaver stated the letter submitted by the First United Securities Group of
Ca Ii forn ia has alleviated his concerns. He indicated he feels this is a quality project and that
it wi II attract both conferences and tourism to Bozeman. I
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission adopt Commission Resolution No. 2508, including the revisions submitted by the City
Manager, approving and authorizing issuance of Industrial Development Revenue bonds for the
proposed convention/hotel center. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor
Weaver; those voting No being Commissioner Jordan.
Decision - Commission Resolution No. 2501 - proposed issuance of IDR bonds for Felska/ Solvie
Convention/Hotel Center
This was the time and place set for the decision on Commission Resolution No. 2501,
entitled:
COMMISSION RESOLUTION NO. 2501
A RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC
HEARING ON THE PROPOSED ISSUANCE BY THE CITY OF BOZEMAN,
MONTANA, OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF $8,000,000.00 FOR FELSKA/SOLVIE, A
MONTANA CORPORATION, FOR THE PURPOSE OF ACQUIRING LAND FOR,
DEVELOPING, CONSTRUCTING, IMPROVING, EQUIPPING AND FURNISHING A
HOTEL AND CONVENTION CENTER FACILITY.
City Manager Wysocki stated the Commission had conducted the public hearing on this
Commission Resolution at last week's meeting. He noted in the previous agenda item, the
Commission adopted the Commission Resolution approving the IDR bond issue. He then recom- I
mended that the Commission approve the issuance of IDR bonds in the revised amount not to
exceed $6.75 million for the proposed convention/hotel center.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the proposed issuance of Industrial Development Revenue bonds for the
Felska/Solvie convention/motel center in the revised amount of $6.75 million. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull,
Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being Commis-
sioner Jordan.
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Commission Resolution No. 2510 - revising IDR bond elements for Bozeman Deaconess Foundation
City Manager Wysocki presented Commission Resolution No. 2510, as reviewed by the City
Attorney, entitled:
RESOLUTION NO. 2510
RESOLUTION RELATING TO HOSPITAL FACILITIES REVENUE BONDS
(BOZEMAN DEACONESS FOUNDATION PROJECT); APPROVING THE TERMS
I THEREOF.
City Manager Wysocki stated this Commission Resolution approves the revisions in the
Trust Indenture concerning various elements of the Industrial Development Revenue bond issue
for the Bozeman Deaconess Foundation. He noted the principal amount of the bonds has been
decreased to $15 million. The City Manager then recommended that the Commission adopt this
Resolution.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission adopt Resolution No. 2510, revising the Industrial Development Revenue bond
elements for the Bozeman Deaconess Foundation. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Discussion - staff report on cable television
City Manager Wysocki submitted to the Commission a memo on cable television fran-
chising, along with a brief memo from Assistant City Manager Barrick on the basic rates
charged by cable companies and a copy of the articles in the June 4, 1984 Nation's Cities
Weekly. He noted the memo from the Assistant City Manager indicates that the basic charge for
cable television is the same in all of the larger cities in Montana, whether or not a franchise is
in effect. The City Manager then recommended that, if the Commission determines a franchise
fee should be implemented, the City should engage someone with expertise to look into the issue
and prepare a franchise agreement in a timely manner.
I Commissioner Vant Hull asked the City Manager if he has checked on any consultants or
the cost involved.
The City Manager stated he has not, but he will if the Commission so desires.
Commissioner Anderson noted the City is facing budget constraints; and if the amount of
revenues derived from the franchise fee are basically steady, they will provide revenues equal
to the value of one mill.
Commissioner Mathre expressed support for the City Manager's recommendation.
Commissioner Jordan asked if the revenues from this source could be placed in a specific
fund.
City Manager Wysocki stated the revenues would be placed in the All-Purpose General
Fund and could then be disbursed into a specific area. He noted the City should not consider
expanding or implementing any new programs at this time. The City Manager then noted his
recommendation includes utilizing most of the funds for current activities and possibly setting
aside $5,000.00 for local access television or a comparable use.
Mayor Weaver asked why the City should pay for something which is currently in the
public domain. He questioned whether the City needs to hire a consultant to prepare a fran-
chise agreement when several communities throughout the United States have already completed
such agreements. The Mayor then stated he does not feel that spending one or two years'
revenues from the franchise fee to have a consultant prepare an agreement makes much sense.
He then noted the City Manager's recommendation for use of the monies is not the same as the
recommendation submitted by the study committee.
I Commissioner Mathre stated she would like to know the cost of hiring a consultant to
develop a franchise agreement which would be satisfactory to the City for fifteen years. She
noted the technology has been changing rapidly; and she feels a consultant would be able to
give advice on those aspects and develop a franchise that would suit the City more closely than
would result from attempting to revise an existing agreement for another community.
Mayor Weaver expressed concern about placing these monies in the General Fund. He
suggested that a portion of these monies might be set aside to be used in supporting the arts
in some manner.
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It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission authorize and direct the City Manager to pursue the possible hiring of a consultant
to prepare a cable television franchise agreement, including the costs and length of time
involved, and report back as soon as possible. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner
Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan.
Break - 5:00 to 5:08 p.m. I
Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:08 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Commission Resolution No. 2509 - authorize purchase of road oil for Fiscal Year 1985
City Manager Wysocki presented Commission Resolution No. 2509, as reviewed by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2509
Purchase of Road Oil
City Manager Wysocki stated this is an annual Resolution and recommended that the
Commission adopt Commission Resolution No. 2509, authorizing the City to purchase needed road
oi I and sundry construction materials from the State of Montana Department of Highways.
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis-
sion adopt Commission Resolution No. 2509, authorizing the purchase of road oil and sundry
construction materials from the State of Montana Department of Highways for Fiscal Year 1985.
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.
Commission authorization for loans from General Fund to various Special Revenue and Enter rise I
unds
City Manager Wysocki presented to the Commission a request submitted by the Director
of Finance for authorization of loans from the All-Purpose General Fund to various Special
Revenue and Enterprise Funds, as follows:
Loan to Amount
Police Retirement Fund $ 1,235.00
Employees' Health/Medical I nsurance Fund 21,400.00
Water Operating Fund
(Salaries-$11 ,000; Operations-$30 ,000) 41,000.00
Garbage Collection Fund (Salaries) 29,000.00
Garbage Disposal (Landfill) Fund (Salaries) 1,200.00
Total $93,835.00
The City Manager recommended that the Commission approve the temporary loans as
listed.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission authorize the temporary loans from the All-Purpose General Fund to various Special
Revenue and Enterprise Funds as listed above. 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.
Commission authorization for transfers from Revolving Fund to various SID bond funds I
City Manager Wysocki presented to the Commission a request submitted by the Director
of Finance for authorization to transfer $200,413.70 from the SID Revolving Fund to various SID
accounts, to meet the districts' interest payments due on July 1, 1984, as follows:
SI D No. Amount
502 $ 1,231.77
598 4,021.37
605 3,549.65
613 3,398.15
614 646.82
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617 178.24
619 1,112.64
621 29,449.62
622 15,845.36
623 25,344.25
624 24,161.09
625 78,948.70
626 479.07
627 5,415.98
I 629 3,202.55
. 632 3,428.51
Total $200,413.70
The City Manager recommended that the Commission authorize these transfers from the
SID Revolving Fund to the various SID funds.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission authorize the transfer of funds from the SID Revolving Fund to various SID funds
as listed above. 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.
Renewal of Gambling Licenses - various establishments - July 1, 1984 through June 30, 1985
City Manager Wysocki presented to the Commission the following applications, along with
the required fees, for renewal of Gambling Licenses for the period July 1, 1984 through June
30, 1985:
Name of Establishment Gambling Operations Amount Paid
American Legion Club Two electronic keno machines $ 1,000.00
The Bowl Lounge Two electronic keno machines 1,000.00
Bozeman Senior Citizen
Social Center Annual bingo 250.00
I
The Cannery Lounge Two electronic keno machines 1,000.00
Catls Paw Two electronic keno machines
Two poker tables 2,750.00
The Crystal Bar Two electronic keno machines
One poker table 1,750.00
The Filling Station Two electronic keno machines 1 ,000.00
The Haufbrau Two electronic keno machines 1,000.00
J. W. IS Hide-a-Way Lounge Two electronic keno machines 1,000.00
Little John's Two electronic keno machines 1 ,000.00
Livery Stable, Inc. Two electronic keno machines 1,000.00
Scoop Bar Two electronic keno machines 1 ,000. 00
Sundance Saloon One electronic keno machine
One poker table 1,000.00
The Topper Lounge One electronic keno machine 500.00
Willie's Saloon One poker table 500.00
Total Amount Paid $15,750.00
I City Manager Wysocki recommended that the Commission approve the renewal of Gambling
Licenses as listed above.
Commissioner Anderson asked if there have been law enforcement difficulties with any of
these establ ishments.
The City Manager indicated there have been no significant problems relating to gambling
operations.
Commissioner Vant Hull stated she feels the license fees paid for gambling do not cover
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the costs of City services required. She suggested that the staff review the fees to determine
if they should be increased.
Assistant City Manager Barrick noted the gambling license fees are a part of the busi-
ness license ordinance, which must be reviewed prior to the end of the calendar year.
Commissioner Jordan asked if the County Attorney's opinion applies to the City as well
as the County.
City Attorney Crumbaker-Smith stated the County Attorney has the authority to inter- I
pret the State Statutes; and the City Attorney has no authority to counter that interpretation.
She also indicated the City has no liability due to the County Attorney's interpretation.
The Commission concurred that the City Manager should review the gambling license fee
structure, with possible revision to the fee structure during the business license ordinance
review.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com-
mission approve the renewal of Gambling Licenses for the various establishments as listed above
for the period July 1, 1984 through June 30, 1985. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner
Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Discussion - FYI items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) A letter of appreciation from John Marvel concerning the Sanitation Division's
efforts during the Spring Clean-up Campaign.
(2) A letter from Stephan Custer, Associate Professor in Earth Sciences at MSU, trans-
mitting a copy of the proposal submitted for ON RC funding.
(3) A letter from Bob Frazier, Director of Disabled Student Services at MSU, express-
ing appreciation for the installation of laydown curbs in the downtown area.
(4) Weekly construction reports on the various phases of the Water Treatment Plant, as I
submitted by Thomas, Oean and Hoskins, Inc.
Consent Items
Items.
North
I
.
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I Claims
Request for waiver of open container ordinance - Adult Chamber Music
Festival - Bogert Park - June 27, 1984, 5:30 to 7:30 p.m.
Acknowledge receipt - revision to Broad Valleys Federation of
Libraries budget
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com-
mission approve the items as listed above and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis-
sioner Jordan and Mayor Weaver; those voting No, none.
Recess - 5:20 p.m.
Mayor Weaver declared a recess at 5:20 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearing.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled public hearing.
Public hearing - Commission Resolution No. 2507 - intent to annex the Oak Street Annexation
(4.01-acre tract located at intersection of Oak Street and North Seventh Avenue)
I This was the time and place set for the public hearing on Commission Resolution No.
2507, entitled:
COMMISSION RESOLUTION NO. 2507
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 OF THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE
SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT
WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Weaver opened the public hearing.
. Senior Planner Mike Money presented the Staff Report. He stated the subject site is a
4.01-acre tract located east of North Seventh Avenue between Oak Street and Baxter Lane ex-
tended. He noted this is part of the proposed Felska/Solvie convention/hotel center site. He
stated the City Engineering Officer recommends that a looped water system be installed in the
area to provide adequate water pressure and suggests that the size of the water lines in the
area be reviewed. The Senior Planner stated all plans for use of this property would be re-
viewed and -approved by the staff prior to issuance of any building permits.
Senior Planner Money stated access to the site will be from Oak Street and the extension
of Baxter Lane. He noted a request for vacation of the extension of Baxter Lane has been sub-
mitted; but that should not affect action on this annexation unless the developer requests that
action on the street vacation be completed prior to action on the annexation. The Senior
Planner then stated the applicant has agreed to dedicate an additional 15 feet of right-of-way
I for Oak Street, which is necessary for improvement of the street. He has also agreed to par-
ticipate in installation of a traffic signal on North Seventh Avenue at Oak Street or Baxter Lane
when it is needed.
Commissioner Anderson asked about the conditions in the staff report concerning water
rights and hook-up fees.
The Senior Planner stated several possibilities should be considered on the possible
acquisition of water rights. He noted no water rights belong to this parcel; and, if water
rights are not available to the property owner, the City may wish to consider a cash-in-Iieu
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payment for the future purchase of water rights. He noted the amount of water rights or
cash-in-Iieu required for this annexation should be based on the maximum possible density of
development, not on the current proposed use for the site.
Senior Planner Money then stated the study on hook-up fees and impact fees has been
completed, but the Commission has not officially adopted a fee schedule to date. He noted this
is one of the criteria listed in the Commission's recently-adopted annexation policy, so he feels
the item should be addressed. I
Mayor Weaver suggested that a waiver of protest of hook-up fees might be in order, since
no fees have been adopted.
City Manager Wysocki noted that element of the annexation criteria could possibly be
held in abeyance for a specified period; and if a fee schedule is adopted during that time, it
could then be required for this annexation. The City Manager then stated the appl icant has
agreed to pay the costs for installation of a 4-inch well at the Library, assuming the costs are
similar to the cost of purchasing the water rights required by the City for annexation.
Senior Planner Mike Money then stated the staff feels this proposed annexation is in
general compliance with the annexation policy and recommended that the parcel be annexed,
subject to six conditions. He noted that Condition No.3. suggesting deferral on the annexa-
tion until the vacation of Baxter Lane extended has been considered, could be eliminated if the
developer des ires.
Mr. John Taylor, architect representing Felska/Solvie, stated if Baxter Lane extended is
not vacated, the setback requirements must be met, which would decrease the amount of parking
that could be provided on the southern portion of the project site. He noted if the vacation is
not approved, it would place more demand on the subject site, making annexation and proper
zoning more critical than at the present time. Mr. Taylor stated the developers would like to
begin construction before fall; and there are several steps to be completed prior to construc-
tion.
City Manager Wysocki asked if the developer is willing to meet the requirement for water
rights or a cash-in-lieu payment. I
Mr. Taylor stated the developers have agreed to provide payment for a well, as in-
dicated above. He also noted during the original discussion on UDAG funding, the developers
indicated they would set aside a portion of those monies for installation of a traffic signal, a
looped water system under North Seventh Avenue and a well at the Library. He then stated
the conditions for annexation are on a purchase option parcel which the developers do not
currently own.
Commissioner Jordan asked if the developer is committed to install all of the listed
improvements if the UDAG application is not approved.
City Manager Wysocki stated the acquisition of water rights is one of the criteria for
annexation. He noted what monies or where the water rights come from is immaterial.
No one was present to speak in opposition to the proposed annexation.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Break - 7:35 to 7:45 p.m.
Mayor Weaver declared a break at 7:35 p.m., to reconvene at 7:45 p.m., in accordance
with Commission policy established at their regular meeting of March 14, 1983.
Continued work session - goals assessment evaluation
Mayor Weaver noted the Commission has prepared a list of continuing goals and policies
which require additional emphasis. He stated the Commission has also begun preparation of
expanded action statements for those items and indicated that step should be completed at this I
time.
The following expanded action statements were prepared, as follows:
2. Transportation
a. Traffic Master Plan. II . . . .. evaluate and update the entire Trans-
portation Plan, including bikeways and one-way streets. II
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237
b. Development to be self supporting. II. . . .. ensure that new devel-
opments participate in the improvement and extension of necessary
rights-of-way. II
c. Main Mall traffic safety. II . . . .. continue to encourage the State
Department of Highways to signalize, better regulate vehicular speed
and extend the four-lane cross section to Ferguson Road."
d. Improve traffic flow. Revise to read the same as lIall above.
I e. Alternative truck route. II .. . .. continue to explore all possibilities
for rerouting truck traffic around Main Street with the State De-
partment of Highways. II
f. Review of residential development road standards. II . . . .. review
residential construction standards and time schedules for full devel-
opment, with possible downward revision of road construction stan-
dards if desirable. II
3. Utilities
. a. Solid waste management--Iandfill. II .. . .. pursue a county-wide
landfill district and new landfill site in conjunction with alternative
solid waste disposal systems. II
b. Solid waste management--garbage collection. " . . . .. investigate al-
ternative garbage collection systems, including the role, if any, for
the private sector. II
d. Development to be self-supporting. II . . ... require that development
be as self-supporting as possible, including major participation in the
extension of utility lines and acquisition of easements as it impacts on
all utility systems of the City. II
4. Governmental operations
g. Community input meetings; community relations; and citizens advisory
committees. II . . . .. increase community communication by making
I Commissioners available to speak to various organizations, especially
during the budget cycle. II
6. Other
b. Hazardous materials legislation. II . . . .. adopt a hazardous materials
policy for Bozeman."
c. Better communication among Commissioners. " . . . .. study and im-
plement methods which promote better communication among Commis-
sioners. "
Mayor Weaver noted this initial development of goals and policies for the City has been
completed.
Adjournment - 9:05 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned.
The motion 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.
I KENNETH L. WEAVER, Mayor
ATTEST:
Clerk of the Commission
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