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HomeMy WebLinkAbout1984-07-16 251t MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 16, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 16, 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 Su" ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 9, 1984 were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Open bids - 1984 paving improvements (parking lot improvements, North Eleventh Avenue Improvements and asphalt walkway Improvements) This was the time and place set for opening of bids for the 1984 paving improvements. This project contains three schedules as follows: Schedule 1, parking lot improvements at the corner East Lamme Street and North Rouse Avenue; Schedule 2, North Eleventh Avenue improve- ments, to provide a right-turn lane onto West Main Street; and Schedule 3, North Fifth Asphalt Walkway, extending from Darlinton Manor to Tamarack Street. 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 1984 paving improvements 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 bid was then opened and read: I Total Bid Schedule 1 Schedule 2 Schedule 3 Big Sky Paving Co., Inc. Bozeman, Montana License No. 4384A $45,304.74 $25,899.39 $11,063.80 $ 8,341.55 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the 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 voti ng No, none. Discussion - proposed policies re provision of City services outside city limits and provision of security for community events City Manager Wysocki presented to the Commission proposed policy statements for two separate items, previously requested by the Commission, as follows: Services Outside (the) City Limits The City of Bozeman wi II not provide water, waste water collection, trash or fire service outside the city limits, unless a certain service is specifically contracted for and annexation is imminent. Annexation must be possible as defined in the City Commission Annexation Policy of June 1984. Security of (Public) Community Events I The City of Bozeman reserves the right to determine the amount of security necessary for a large community gathering or event. To that end, the City may determine a minimum number of security persons--sworn and/or non-sworn--and may stipulate the amount of sworn security persons necessary by providing funds to supply a portion of that security for an event. The City Manager stated the first statement verbalizes what is currently being done about the provision of City services outside city limits. He noted water and waste water 07-16-84 255 collection services are currently provided to specific structures outside city limits; and fire services are provided to the Story Mill Fire District. Commissioner Mathre asked if this policy statement will be placed in Commission Reso- lution form. City Attorney Crumbaker-Smith stated she feels it should be in Commission Resolution form for reference. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission accept the policy statement regarding the provision of City services outside the city limits as submitted and that this statement be brought back in Commission Resolution form as soon as possible. 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. City Manager Wysocki stated the second statement provides that the City will determine the minimum number of security persons to be required for a specific community event. He noted this statement is not specific but leaves latitude for the City administration to work with those in charge of the event in providing adequate security. He noted if the City administration and those in charge of the community event do not agree on the number of security persons required, the matter wi II be placed before the Commission. Mayor Weaver asked if a separate budget line item will be established for the security provided for community events. The City Manager indicated it is not included in the proposed budget document. Commissioner Mathre asked if this policy statement will provide an opportunity for co- operation from other law enforcement agencies. City. Manager Wysocki noted the proposed policy statement does not specify that the security persons will be members of the Bozeman Police Department. but leaves several options to be considered. I It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion accept the policy statement regarding the provision of security at community events as submitted and that this statement be brought back in Commission Resolution form as soon as possible. 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. Appoint Hearings Officer for public hearing for CDBG application to be held Wednesday, July 25, 1984 at 7: 00 p. m . City Manager Wysocki presented to the Commission a tentative schedule for completion of the Community Development Block Grant application. He stated he and Mike Ross, Housing Develop- ment Associates, established this schedule to meet the guidelines for the CDBG application process. The City Manager then requested that the Commission appoint him as the Hearings Officer for the preliminary public hearing to be held on Wednesday, July 25, at 7: 00 p.m. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission appoint City Manager Wysocki as the Hearings Officer for the public hearing on the Community Development Block Grant application to be held on Wednesday, July 25, 1984, at 7:00 p.m. 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. I Ordinance No. 1164 - Salary Ordinance for Fiscal Year 1984-85 City Manager Wysocki presented to the Commission a draft of Ordinance No. 1164, entitled: ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHL Y SALARY AND OFFICIAL BOND OF THE CITY MANAGER, THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager indicated the Commission must consider establishment of salaries for specified employees for Fiscal Year 1985, as provided in the State Statute. He submitted to the 07-16-84 256 Commission the following recommendations for those salaries under consideration: City Manager - $41,000.OO/year City Attorney - $31,500.00/year Director of Public Service (Works) - $30,300.00/year Director of Finance - $29,484.00/year plus administrative services - $ 2,500.00/year I Clerk of the Commission - $18,516.00/year City Judge - $17,100.00/year City Manager Wysocki stated he has recommended a split in the Director of Finance's salary to recognize the administrative duties she has been requested to assume. He indicated that, in view of recent developments, the salary may be limited to the base salary when the new Director is hired if that individual is not requested to perform the administrative duties which have been assigned to Amy Swan. Following a brief discussion of the proposed salary for the Director of Finance, the Commission concurred in the City Manager's recommendations, recognizing that the Director of Finance salary may be revised when a new person is hired. Commissioner Mathre noted the League office is currently preparing a salary survey for a variety of positions throughout the state. Mayor Weaver asked if the proposed increases are based on 4.7 percent, as per nego- tiated settlements. The City Manager indicated they are not, but 4.7 percent is the highest recommended increase. Commissioner Vant Hull stated percentage raises across the board were not equitable and that lower raises should be given since extra money will be needed for a new Director of Finance. Commissioner Jordan suggested that the Commission consider adopting a policy of giving all positions listed in the Salary Ordinance the same increase, rather than basing the increase I on percentages of current salaries. City Manager Wysocki stated the recommended increases in salaries are approximately $800.00 less than a 4.7-percent increase across the board. He noted that $800.00 could be utilized to adjust salaries through the year after he has had an opportunity to evaluate the performance of each individual. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1164 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 and Mayor Weaver; those voting No being Commissioner Vant Hull. Commissioner Mathre stated that in the past, the Commission has considered a second salary ordinance, establishing the salaries of the Commissioners. She then asked if the Commissioners wish to consider revision of the salaries currently in effect. The Commission concurred that it does not wish to revise the Commissioners' salaries at this time. Pledged Securities as of June 30, 1984 I n compliance with the provisions of Section 7-6-201 to 7-6-212, M. C. A., Commissioner Anderson and Commissioner Jordan had examined the receipts of Depository Bonds and Pledged Securities held by the Director of finance as security for City funds deposited in Bozeman banks. The Depository Bonds and Securities were found to be in order. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the I Commission approve the inventory of the Depository Bonds and Pledged Securities as of June 30, 1984, and a list of these be set forth as follows: 07-16-84 251 DEPOSITORY BONDS AND SECURITIES June 30, 1984 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FI RST BANK - Bozeman I Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: U. S. Treasury Bills 9/27/84 9020-6892 50,000.00 MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 30,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 100,000.00 Gallatin Co, MT, Ser 1976 Airport Auth. 8.00 1/01/86 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 WASt 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 50,000.00 Oregon Var. Purp 5.60 7/15/93 0265 150,000.00 Cook County Illinois 5.75 11/01/93 0265 200,000.00 Anne Arundel 5.70 2/01/94 0265 150,000.00 I Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00 TOTAL - First Bank - Bozeman $2,532,000.00 FI RST 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., M"f, 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 18,100.00 . 5.50 12/30/86 3825 18,100.00 5.20 12/30/84 3826 18, 1 00.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.1. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S.1. D. Bonds #287 7.00 1/01/91 6524 8,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00 I 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 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 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 SKll9286 225,000.00 07-16-84 258 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S.I.D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK149545 120,000.00 Bozeman, MT, S.I.D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Trusteed with Northwestern National I Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 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 wi~h 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 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/85-89 Hll27 5,000.00 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 I 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 " 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 1 045 2,500.00 5.00 11/01/87 H 1046 2,500.00 U.S. Treasury Notes 10.625 8/31/85 H731 10,000.00 U. S. Treasury Notes 10.625 8/31/85 H729 90,000.00 North Slope Boro GO 6.75 11/01/88 944 100,000.00 Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Sub Total - Montana Bank of Bozeman, Montana $ 920,075.00 Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.95 7/10/86 200,000.00 FNMA, Discount Notes 11.44 3/21/85 300,000.00 U.S. Treasury Notes 14.00 6/30/85 250,000.00 TOTAL - Montana Bank of Bozeman - Bozeman $1,670,075.00 I FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapolis: U . S. Treasury Notes 10.625 7/31/85 9893 200,000.00 U. S. Treasury Notes 9.625 2/28/85 9886 100,000.00 07-16-84 ,- 258 Federal Nat'l Mtg Assn Residential Fin. 1 O. 45 9/05/84 9078 300,000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 600,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the I provisions of Section 7-6-207, M. C. A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapol is, the First Bank of Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of June 30, 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 DENN IS E. JORDAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI Items City Manager Wysocki presented the following "For Your Information" items to the Com- I mission: (1) A tentative schedule for preparation of the Fiscal Year 1984-85 budget. The City Manager noted the schedule provides for completion of the budget in September. (2) A memo from Mike Money regarding the new Section 8 - Rental Rehabilitation Pro- gram. The City Manager suggested that this item be placed on a future agenda for discussion. The Commission concurred this item should be listed on an agenda as soon as possible for discussion. (3) Minutes from the Art Advisory Committee meeting held on June 6, 1984, as submitted by Cree Hanna, Chairman. (4) Weekly construction reports as submitted by Thomas, Dean and Hoskins, Inc., for the water system improvements. (5) A progress report from Dave Donohue, MSU graduate student, on his collection of water studies in the Bozeman area. Commissioner Anderson stated Dave has indicated he will submit an interim report if the Commission wishes, or will wait until his work is completed. The Commission concurred that Dave Donohue should give a report at the completion of his contract time. (6) A letter from Case Management Services regarding the Certificates of Need for the home health care program submitted by Bozeman Deaconess Hospital and Diversified Employment Services, I nc. (7) Mayor Weaver submitted a brief verbal report on the League of Cities and Towns I Legislative Committee meeting held in Helena on Thursday, July 12, 1984. The Mayor stated he has a written summary of those items the League plans to support and will give the Commissioners copies of that summary. He also indicated he will write a memo indicating the League's position on some of those items the Commissioners requested that he submit for consideration. Mayor Weaver stated not all of the items listed were submitted for consideration because the Committee ran out of time. (8) Commissioner Mathre submitted to the Commissioners a draft letter to service clubs indicating Commissioners are available whenever they desire a presentation. She 07-16-84 260 requested that the Commissioners submit their comments so the letter can be revised and sent to the various organizations. Consent Items City Manager Wysocki presented the following Consent Items to the Commission: Request - permission to hang banner across Main Street - Sweet Pea '84 - July 10 through August 6, 1984 I Request - permission to use PA system in Lindley Park - Christian Women's Club - Tuesday, July 24, 1984, 12:30 p.m. to 3:00 p.m. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed, 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, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - goals implementation Mayor Weaver stated at last week's meeting, the Commissioners concurred that the top five budgetary and continuing goals and policies be selected for action during Fiscal Year 1985. The Commissioners then selected the following budgetary goals and policies: The following received three votes: 1. Lyman Creek water supply. 2. Management of utility assets. 3. Equip Pol ice and Fire Divisions adequately. The following received two votes: 1. Recreation program. 2. Maintenance of water distribution and sewer collection systems. 3. Personnel increase in specific City departments. 4. Encourage support from all resources of the public I ibrary services. 5. Effective legislative lobbying. I Commissioner Mathre asked' how the Commissioners will break the tie so that only five items are selected for funding in the Fiscal Year 1985 budget. Mayor Weaver stated he feels there is no need to break the tie. He noted the Commis- sion vote on these items gives the City Manager direction for budgeting. He also noted the vote provides emphasis on three specific items. Commissioner Vant Hull asked about funding of some of those items not prioritized if a good opportunity arises. City Manager Wysocki stated that if a good opportunity arises to obtain funding or outside assistance in completing any of the goals on the entire list, he will submit that item to the Commission for consideration and possible action. The Commission concurred the next step in this process is to conduct a six-month review. Mayor Weaver requested that the review be placed on an agenda in January 1985. Break - 5:00 to 5:10 p.m. Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - goals implementation The Commissioners then selected the following continuing, non-budgetary, goals and poli- cies: The following received four votes: I 1. Solid waste management--Iandfill. The following received three votes: 1. Development to be self-supporting (transportation). . The following received two votes: 1. Solid waste management--garbage collection. 2. Development to be self-supporting (utilities). 07-16-84 261 3. Better communication among Commissioners. 4. Improve traffic flow and review transportation plan. Commissioner Vant Hull stated she feels all transportation items are important and suggested that a committee be appointed to review various methods of funding those goals. Commissioner Jordan noted that the Planning Staff has reviewed transportation in depth I and suggested they might be better able to address this issue than a committee. City Manager Wysocki suggested that a committee of Commissioners be established to review funding options. Following a brief discussion, Mayor Weaver requested that the appointment of a committee to review revenue possibilities for transportation goals be placed on next week1s agenda. Recess - 5:30 p.m. Mayor Weaver declared a recess at 5: 30 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. of Baxter Lane This was the time and place set for the public hearing on Commission Resolution No. 2512, entitled: COMMISSION RESOLUTION NO. 2512 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A PORTION OF BAXTER LANE, 60 FEET IN WIDTH I AND 506.32 FEET IN LENGTH, LYING IMMEDIATELY EAST OF NORTH SEVENTH AVENUE, LOCATED IN THE WESTLAKEIS THIRD ADDITION TO THE CITY OF BOZEMAN, MONTANA. Mayor Weaver opened the public hearing. City Manager Wysocki stated the requested street vacation is for a portion of Baxter Lane immediately east of North Seventh Avenue which lies within the property upon which the proposed convention/hotel center is to be constructed. He noted the developer has indicated that vaca- tion of this right-of-way would allow greater flexibility for provision of parking areas. The City Manager stated the staff has reviewed this request and suggests that if the vacation is approved, a 30-foot easement be maintained for the utilities in the immediate area. The staff also recommends that the Commission indicate its intent to approve the request, but defer formal action until the project has been started. He noted that if the proposed project is not completed and the right-of-way has been vacated, the site could be utilized in a manner which would require a public right-of-way; and the City may face a situation in which it would need to buy back the right-of-way. Commissioner Jordan suggested another option would be to vacate the right-of-way on the condition that the project becomes a reality. He noted that if the convention/hotel center . were not completed, the right-of-way would then remain as it currently exists. Commissioner Vant Hull asked if there is any restriction on the use of the proposed easement. City Manager Wysocki stated the use of easements is restricted through the Bozeman I Municipal Code. He indicated use as a parking lot is permitted. No one was present to represent the applicants for this street vacation. Mr. John Taylor, representing Felska I Sol vie , stated he feels the recommendation sub- mitted by the City Manager is acceptable. He stated he needs an indication from the Com- mission on whether they will approve the requested right-of-way vacation so he can proceed with plans for the convention I hotel center. He noted that if the project were not completed, it would be in the best interests of the City to retain the street right-of-way for potential future development. 07-16-84 .262 Commissioner Jordan stated he talked with Dick Miller, State Highway Department, and Director of Public Service Dick Holmes about the requested vacation of street right-of-way. He stated Dick Miller indicated a four-way intersection at Baxter Lane and North Seventh Avenue would be too close to the interchange of 1-90 and would create dramatic traffic problems. Mr. Mi lIer suggested that Oak Street could provide adequate access to the subject parcel; and future extension of Oak Street could connect with East Birch Street at North Rouse Avenue. City Attorney Crumbaker-Smith suggested that the Commission follow the same procedure I utilized in annexation requests. She stated the Commission can make its decision at next week's meeting and adopt the Ordinance vacating the right-of-way after the convention' hotel center project is underway. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2513 - intent to vacate portions of various streets lying within the new hospital site This was the time and place set for the public hearing on Commission Resolution No. 2513, entitled: COMMISSION RESOLUTION NO. 2513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON PORTIONS OF GRANT STREET, BUTTONWOOD AVENUE AND GARFIELD STREET, LOCATED IN THE VALLEY VIEW ADDITION; GARFIELD STREET, SWITZLER STREET, AYLSWORTH STREET, HAYES STREET, GRANT STREET AND COLLEGE STREET, LOCATED IN THE CENTRAL ADDITION; CLEVELAND STREET AND CYPRUS AVENUE, LOCATED IN THE PROSPECT HILL ADDITION; AND SWITZLER STREET AND COLLEGE STREET, LOCATED IN THE DRUM LUMMON ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. Mayor Weaver opened the public hearing. City Manager Wysocki stated the requested street vacations are located in the vicinity of the new hospital, and all are located on Bozeman Deaconess Foundation property. The City Manager I stated all of the listed streets have been platted but not developed. He stated the staff has reviewed the requested street vacations and determined that none of the streets are needed to provide access to adjoining properties. He noted a request for vacation of the existing High- land Boulevard right-of-way will be submitted after the new realignment of Highland Boulevard has been completed. City Manager Wysocki stated vacation of the requested rights-of-way will create a limited access arterial street. No one was present to represent the applicant, or to speak in support of or in opposi- tion to the vacation of the requested street rights-of-way. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:20 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 Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 07-16-84