HomeMy WebLinkAbout1983-11-07
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
November 7, 1983
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, November 7,1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager
Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commis-
sion Sullivan.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Mathre.
The minutes of the regular meeting of October 24, 1983, were approved as corrected.
Action on the minutes of the regular meetings of October 3, 1983; October 17, 1983; and
October 31, 1983 was deferred for a period of one week.
None of the Commissioners requested that any of the items listed under Consent Items be
removed for discussion.
Award bid - supplying materials for irrigation systems in two City parks
This was the time and place set to award the bid for supplying materials for irrigation
systems in Kirk Park and Cooper Park.
City Manager Evans stated the Director of Public Service (Works) has reviewed the bids
and recommends that the bid be awarded to Mountain Supply Company, Bozeman, Montana, in
the amount of $13,809.67, it being the lowest bid received. The City Manager concurred in that
recommendation.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid
for supplying materials for irrigation systems in two City parks be awarded to Mountain Supply
I Company, Bozeman, Montana, in the bid amount of $13,809.67, it being the lowest bid received.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff;
those voting No. none.
Preliminary Plat Review - Amber Meadows Townhouse Planned Unit Development Subdivision (Lot
9, Block 4, Valley Unit Subdivision)
This was the time and place set for the Preliminary Plat Review of the Amber Meadows
Townhouse Planned Unit Development to be located on Lot 9, Block 4, of the Valley Unit Sub-
division.
Assistant Planner Mike Money presented the Staff Report. He stated the City-County
Planning Board has reviewed the Preliminary Plat and recommended approval.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the Preliminary Plat for Amber Meadows Townhouse Planned Unit Development
Subdivision, to be located on Lot 9, Block 4, of the Valley Unit Subdivision. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull,
Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting
No. none.
Status of Annexation and Utility Development Charges
City Manager Evans stated he feels it is in the City's best interests to develop the most
I fair formula for charging annexation and utility development fees. The City Manager noted a
discrepancy exists in the formulas being considered by the various larger cities around the state.
He stated that last week representatives from the City of Helena and the City of Billings met
with representatives of Bozeman to discuss the Brown and Caldwell report that was prepared
for the City of Bozeman. He noted another meeting has been set for December 2, at which time
representatives from the City of Missoula and the City of Great Falls will also be invited to
attend. The City Manager stated he feels it is important for the larger cities to use basically
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the same formula in establishing these two types of fees, especially since the establishment of
annexation fees has not previously been assessed by any city in the state.
Commissioner Anderson noted the City-County Planning Board reviewed the Brown and
Caldwell study and indicated interest in a joint meeting which would include the City Commis-
sioners, County Commissioners and City-County Planning Board to discuss the report and the
desirability of implementing either set of fees. She questioned if that meeting should be
conducted prior to December 2. I
Commissioner Weaver noted that Brown and Caldwell is currently preparing a report for
the City of Billings; and that report suggests a different formula for utility development fees
than is listed in the City of Bozeman report, which was just completed. He noted unique
situations may exist in the various cities, but expressed concern that the formula suggested for
the two cities is so different.
The City Manager noted the value of the utility.s assets at the present and at a future
time is used in determining the amount to be charged for hooking into the system. He stated
he recognizes the differences between cities, but does not feel the formula used by the various
cities should differ to any great extent.
Commissioner Weaver stated the meetings with the various cities should hopefully produce
an agreed-upon formula which is a rational, legally defensible, fair basis for calculating the
fees as a starting point for each city. The Commissioner also noted the memo from the City
Manager on this item suggests that a committee be appointed to prepare a proposed policy for
implementation of utility development fees. He noted this item is not directly related to an-
nexation because the fees would be charged at the time a building permit is issued, and not at
the time of annexation.
Mayor Stiff noted action on the annexation requested by Mr. Clair Daines has been de-
ferred for an extended period of time to allow the City an opportunity to develop a policy and
criteria for annexations. He noted that work has not been completed; and the Commission still
has no basis for charging impact or hook-up fees. He stated, however, he feels a decision must I
be made on this requested annexation.
Commissioner Weaver stated it appears a proposed policy on utility development fees will
be prepared in the near future. He noted the memo from the City-County Planning Board indicates
the relationship between impact fees and implementation of the Master Plan is important and must
be discussed with the staff prior to adoption of a policy that includes such fees.
Commissioner Weaver then noted the third question to be addressed when considering annexa-
tions is the availability of water. He noted the Commission has requested that Engineering
Officer Neil Mann prepare an outline for requesting proposals from consultants concerning the
existing water supply and possible water acquisition. He stated the City is still waiting for an
answer from the Department of Natural Resources and Conservation concerning the Lichtenberg
water rights and asked if any additional information is available on that issue.
The City Manager stated the attorney on that matter has attempted to reach the office in
Helena, but has been unable to get any answers.
Commissioner Anderson questioned whether the water rights that have been proffered in
the Clair Daines annexation request could be transferred to the City for municipal use. She
noted if the water rights cannot be transferred, the City has gained nothing of value.
Commissioner Vant Hull asked if the Public Service Commission would submit a deter-
mination on the legality of impact and utility development fees.
City Manager Evans stated the PSC will not submit a determination on any item that has
not been formally submitted for their approval or disapproval.
Commissioner Weaver asked when a recommendation will be submitted on utility develop- I
ment fees.
City Manager Evans stated the recommendation wi II be made on December 12, 1983, if
possible.
Commissioner Anderson stated she feels the joint meeting suggested by the City-County
Planning Board is important and should be conducted as soon as possible, possibly in a Satur-
day morning work session.
Mr. Joel Shouse, Chairman of the City-County Planning Board, stated the Planning Board
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feels the County Commission should be involved in discussions concerning possible implementation
of impact fees and the effect such fees may have on implementation of the Master Plan as well
as growth in and around the community. Mr. Shouse stated he feels the members of the City-
County Planning Board would be willing to meet at any time to discuss the matter. Mr. Shouse
also stated the Southwest Montana Home Builders' Association has prepared a cost analysis of
building a home inside city limits and outside city limits. He noted that information could also
I be helpful in the discussion.
The Commission concurred that a joint meeting to discuss the matter must be held as soon
as possible. The Commission then authorized and directed Commissioner Anderson to coordinate
a meeting of members of the City Commission, County Commission and City-County Planning Board
as soon as possible. Commissioner Anderson indicated she will attempt to set the meeting for
Saturday, December 3, 1983.
Decision - Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties
This was the time and place set for the decision on Commission Resolution No. 2452, as
prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2452
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 PAR-
TICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF
BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
City Manager Evans stated the Commission had adopteq Commission Resolution No. 2452,
stating the City's intention to annex the Sourdough Creek Properties, on May 23, 1983. The
Commission conducted a publ ic hearing on this Resolution on June 20, 1983 and deferred a
decision for 90 to 120 days on July 5, 1983. The 120-day time period has now expired; and the
I Commission should consider action on the intent to annex this parcel of land.
M,ayor Stiff stated Mr. Carter Williams has submitted a letter indicating a willingness to
transfer five shares of Mystic Lake water rights to the City; and Mr. Clair Daines has indicated
a willingness to participate in a Special Improvement District to install a sidewalk along South
Third Avenue to provide more safety for pedestrians, bicyclists and motorists. He asked if the
additional water to be provided could be used to offset the other costs the City will face with
the annexation.
City Manager Evans stated the impact fees could be implemented at the time the property
is subdivided, rather than at the time of annexation. He noted at this time, the City does not
know how the property will be developed, so the costs of that development cannot be determined.
He stated after the proposal for subdividing has been submitted, the City wi II have the
necessary information for determining potential costs. The City Manager stated the Commission
must determine whether annexation of the subject parcel of property is in the best interests of
the community. He indicated he is concerned about stretching the City's resources, including
water, streets, police and fire services by annexing additional properties at this time. He also
stated annexation of undeveloped land creates a liability for the City; and that type of annexa-
tion'does not begin to pay for itself until much of the development is complete.
Commissioner Vant Hull stated Mr. Carter Williams' offer to transfer water rights to the
City was val id to October 15, 1983. She asked if that offer is still open.
City Attorney Crumbaker-Smith stated Commission Resolution No. 2452 contains a provision
in Section 1 that II... subject to the condition that the provision of services to the contiguous
I tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the freeholders of the tract ...11 and noted that agreement has not been done.
She also stated the Montana Code Annotated requires that a Certificate of Surveyor subdivision
plat be filed with the Clerk and Recorder prior to annexation; and that condition has not been
met. She noted the Commission must determine what items are to be addressed in the agreement;
and the applicant must fi Ie a Certificate of Surveyor subdivision plat prior to annexation of the
subject parcel.
.
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Mr. Joel Shouse reviewed Mr. Wi II iamsl offer to transfer water rights to the City. He
noted Mr. Williams owns shares of Mystic Lake, as well as in-stream water rights. He stated
engineering calculations indicate 185 acre feet of water would be required by the entire 90-acre
parcel each year. He stated this converts to 2 2/3 shares of the five shares of Mystic Lake
water rights being offered to the City; and Mr. Daines is proposing to develop approximately
1/3 of that land at this time.
Mr. Daines stated Mr. Williams will honor his offer of water rights. He noted it has I
been Mr. Williams' intention to transfer water rights with development of this property; and he
does not anticipate any change in the offer.
Break - 5:00 to 5:17 p.m.
Mayor Stiff declared a break at 5:00 p.m., to reconvene at 5:17 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1'983.
Decision (continued) - Commission Resolution No. 2452 - intent to annex Sourdough Creek
Properties
Commissioner Weaver suggested that the agreement between the City and the freeholders
of the tract of land define the anticipated water requirements of the tract and stipulate the
offsetting water rights of the applicant which he will convey to the City.
Mayor Stiff stated concern about the legality of using flood irrigation water for municipal
use. He also noted the value of water rights in Mystic Lake could be zero or could provide a
liability for the City rather than an asset.
Commissioner Mathre noted the assumption being used during the discussion is that the
water rights being offered the City are proven useful. She noted the applicant has indicated a
willingness to participate in improvement of South Third Avenue and asked if that item should
also be addressed in the agreement.
Mayor Stiff noted the manner in which costs of a Special Improvement District are I
assessed will provide that a portion of the costs be borne by the development.
City Attorney Crumbaker-Smith stated Commissioner Weaver1s suggestion for the item to
be covered in the agreement stipulates that the freeholders of the tract of land being con-
sidered for annexation provide adequate water for the development only. She asked if that is
the Commission's intent.
Commissioner Weaver stated the City has negotiated on this annexation process with the
applicant and is setting the type of precedent which the City wishes to establish. He noted
future annexations will be completed on the City.s terms.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission approve the intent to annex the Sourdough Creek Properties, as established in
Commission Resolution No. 2452, subject to the conditions that (1) a written agreement be
negotiated by the City and the freeholders of the tract of land that defines the anticipated
water requirements of the subject property and requires offsetting water rights be conveyed to
the City by the appl icant and (2) a Certificate of Surveyor a subdivision plat that describes
the subject property be filed by the applicant with the Gallatin County Clerk and Recorder; and
direct the City Attorney to prepare an ordinance annexing the subject property, contingent upon
completion of these two conditions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor
Stiff; those voting No, none. Commissioner Weaver abstained because his residence lies within
a Special Improvement District which may be repaid by this development, resulting in pecuniary
advantage to the Commissioner. I
Discussion - general procedure to be followed in handling of pending and future annexation
req uests
City Manager Evans stated the Commission should adopt a policy for considering future
annexation requests. He stated the matter has been discussed in the past, but no policy has
been adopted. The City Manager then recommended that the Commission appoint a committee to
assist in developing a policy for consideration of future annexation requests. He noted his
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memo to the Commission indicates that it is not desirable for the executive branch of govern-
ment to formulate policy, since the executive branch must then defend that policy to the
legislative branch.
Mayor Stiff noted the staff had indicated that adoption of a policy for considering
annexations once a year might be helpful. He stated he had been under the impression that
I policy was about to be established. The Mayor then stated he does not feel a committee is
needed to help prepare the policy.
City Manager Evans stated a policy for considering requests for annexation should be
developed so that all requests are given the same consideration. He noted at the present time,
the people in the community and the City staff don't know what to expect. The City Manager
then noted the policy should include the responsibilities of the developer and the City in
considering a request for annexation.
The Commission requested this item be placed on next week's agenda for further discus-
sion.
Update from Low-Income Housing Committee
City Manager Evans stated this item had been placed on the agenda at the request of
Commissioner Anderson.
Commissioner Anderson stated the Low-Income Housing Committee is in the process of
completing reports and has found it is a complex and time-consuming task. She stated the
Committee feels if a consultant could be hired to complete the reports and organize the various
information that is currently being gathered, it would be helpful.
Rev. Thomas Heafield-Mordan, Chairman of the Low-Income Housing Committee, reviewed
the items for which a consultant would be responsible. He stated it is difficult and frustrating
for the Housing Committee members to research and write applications as well as keep all other
activities moving forward. He stated it would be more efficient if one person were assigned the
I task of directing the Committee's activities for the next six months as well as doing the
necessary research and writing. Rev. Heafield-Mordan requested that the Commission approve
the request to appropriate $7,500.00 to cover the costs of hiring a consultant for the Low-
Income Housing Committee for a six-month period.
Mayor Stiff stated the Committee has been a hard working committee; and the members
have contributed hours to the effort. He indicated a hesitance to add more costs to the City at
this time, and stated the City should possibly consider formation of a housing authority if such
needs arise. The Mayor stated the cost/benefit relationship should be carefully reviewed prior
to approval of the request.
Commissioner Anderson stated the requested funding would be for an interim situation
before a housing authority might be established. She noted if a consultant were hired to do
the necessary writing and preparation of appl ications, the Committee could continue to move
ahead rather than face the potential of foundering.
Rev. Heafield-Mordan stated the "Summary Findings and Recommendations on Housing
Development Options for Bozeman," prepared by Kent L. Mollohan, Helena, Montana, and the
presentation by Mr. Stanley Knock in August both indicate the hiring of a staff person would
be extremely beneficial for the Low-Income Housing Committee.
CommissiQner Anderson stated a consultant could prepare Committee reports and assist in
preparing an application for CDBG monies. She stated a consultant could also organize the
efforts of the Committee so it could move forward in an orderly manner and as rapidly as
possible. She noted the time period for the consultant is to be reviewed after six months; and
I she feels the upcoming six-month period is critical for the effort to meet housing needs.
Commissioner Weaver stated it is difficult to know what the pay-off would be for the
$7,500.00 expenditure. He then asked if the housing situation in Bozeman would be improved
by the expenditure. He stated he does not want to spend $7,500.00 to get another report that
says there is not enough low-income housing in Bozeman.
Rev. Heafield-Mordan stated it is necessary to have someone who is aware of funding
sources and who has time to write applications to get funding for low-income housing. He
stated the Committee members do not have time to complete the necessary research and write
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applications. He stated the Committee members feel that if a consultant were hired for six
months, the effort could be coordinated; and the members would have a clearer direction to
follow in pursuing the matter.
Commissioner Anderson noted a Budget Amendment will be necessary if the request is
approved.
City Manager Evans recommended that the Commission make a decision on the request. I
He stated if the expenditu re is approved, he wi II review the budget and submit a proposed
Budget Amendment to the Commission for consideration.
Mayor Stiff noted the minimum qualifications for hiring of a consultant would require a
person with education and experience. He questioned whether the Committee could find someone
with those credentials who would be willing to work for a six-month period only.
The Commission deferred action on the request for a period of one week.
Recess - 6:15 p.m.
Mayor Stiff declared a recess at 6:15 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings and work session and completing the routine
business items.
Reconvene - 7:00 p.m.
Mayor Stiff reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled public hearings and work session and completing the routine business items.
Public hearin - Conditional Use Permit - allery with
offices and storage - tract in the S
This was the time and place set for the public hearing on the Conditional Use Permit
requested by John Mandeville to allow an auction gallery with offices and storage on a tract of
land located in the SWL NEt of Section 36, Township 1 South, Range 5 East, MPM. I
City Manager Evans stated the applicant requested that the Zoning Commission continue
the public hearing on his application; and the Zoning Commission continued its public hearing
u nti I November 22, 1983. The City Manager recommended that the Commission open and continue
the public hearing until a recommendation is received from the Zoning Commission.
Mayor Stiff opened the public hearing.
Mayor Stiff then continued the public hearing until a recommendation is received from
the Zoning Commission.
Public hearin - Conditional Use Permit -
and retai I sa es building on Lot 19 , Mc
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Jim Brown for Dr. A. E. McChesney to allow an office and retail sales building on
Lot 19A, McChesney Industrial Park. The site is more commonly located in the northeast
quadrant of the intersection of North Seventh Avenue and Nikles Drive and is more commonly
known as 2006 North Seventh Avenue.
Mayor Stiff opened the public hearing.
Assistant Planner Mike Money presented the Staff Report. He noted the subject lot is a
part of the overall Master Plan for the area that was approved at the time the building which
contains Leisure Time Sales was being remodeled. The Assistant Planner stated the Zoning
Commission reviewed the request and recommended that conditional approval be granted.
Mr. Jim Brown, representative of the applicant, stated that Condition No.5, as recom- I
mended by the Planning Staff and Zoning Commission, was listed on the Conditional Use Permit
for Lot 18A, upon which the Leisure Time Sales building is located. He stated there was a
misunderstanding between the applicants and the City concerning that condition on the previous
Conditional Use Permit. He stated he and Dr. McChesney had talked to one of the City
employees about the drainage ditch and were told by the City employee that he could not
require the drainage ditch be installed but would strongly recommend it. Mr. Brown stated he
and Dr. McChesney do not feel the drainage ditch is necessary until the subject site and one
.
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more lot have been developed and had decided to install the ditch when the next adjacent lot is
developed. He then noted the other conditions attached to the previous Conditional Use Permit
have been met except completion of the landscaping requirements.
Commissioner Vant Hull stated concern that a City employee would eliminate a condition
for approval of a Conditional Use Permit.
I Assistant Planner Mike Money indicated if the City Commission establishes specific
conditions for approval of a Conditional Use Permit, those conditions can be waived only
through action of the Commission. He also stated minor modifications to the site plan can be
made through authorization of the Planning Director. Mr. Money stated in this instance, the
Planning Director was not aware that another City employe,e had indicated to the applicants that
the drainage ditch was not required at this time.
Commissioner Weaver asked if the Planning Staff feels installation of a drainage ditch is
necessary for use of the subject lot.
Assistant Planner Money stated the Planning Staff and Zoning Commission have recom-
mended the condition because the Engineering Office had suggested the installation of the
drainage ditch during review of the application for Lot 18A, and that condition was brought
forward to this application because it was not installed. He also noted when water runoff
leaves the site, it is uncontrolled.
Mr. Brown stated the applicant would prefer to install the drainage ditch when either
Lot 21 A or Lot 22 is developed. He indicated he does not feel development of Lot 19A wi II
increase the drainage from the site. Mr. Brown also noted Dr. McChesney owns all of the lots
being discussed.
Commissioner Weaver asked wha.t installation of a drainage ditch will cost. He also asked
if the applicant has faced additional costs as a result of misinformation from City staff members.
Mr. Brown stated installation of a drainage ditch would have cost roughly $2,000.00 one
year ago, when the condition was originally placed on Lot 18A. He stated Dr. McChesney has
I actually realized a savings because he was under the impression that the drainage ditch would
not be required until the next lot is developed.
Mr. Corbin Ross, Architect, stated the drainage ditch is to run between Lot 21 A and Lot
22. He noted at the present time, those lots are undeveloped; and there is a possibility
someone will want to construct one large building in the middle of those two lots. If the
drainage ditch is installed at this time, it could create the potential need of relocating that
ditch in the future.
Mayor Stiff asked Mr. Brown if he wishes to address any of the remaining conditions.
Mr. Brown stated the other conditions are justifiable, and he has no problems with those
recommendations.
Mr. Corbin Ross requested that the Commission waive the one-week interval because the
applicant would like to begin construction this fall.
No one was present to speak in opposition to the granting of the requested Conditional
Use Permit.
Mayor Stiff closed the publ ic hearing.
It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that, due to
the fact no protests were received and the applicant wishes to begin construction yet this fall,
the Commission waive the customary one-week interval. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner
Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission
I approve the Conditional Use Permit requested by Jim Brown for Dr. A. E. McChesney to allow
an office and retail sales building on Lot 19A, McChesney Industrial Park, more commonly known
as 2006 North Seventh Avenue, subject to the following conditions as recommended by the Zoning
Commission.
1. That the legal description and lot size be included on the final site
plan.
2. That a landscaping schedule be provided on the final site plans.
3. That the signing detail be included on the final site plans, and that
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it be reviewed and approved by the Building Official prior to final
site plan approval.
4. That the northern tier of parking stalls be moved to the north to
provide additional landscaping between the stalls and structure. This
will help the total commercial area, satisfying the landscaping
requirements for the parking area, and it will better define the
driving aisle that has access only to North Seventh Avenue.
5. That the drainage ditch be provided to conduct the runoff from the I
commercial area to the east that will connect with the existing
drainage ditch.
6. That additional security lighting be provided for the northern parking
area.
7. That the location of the garbage enclosure be reviewed and approved
by the Street Superintendent prior to final site plan approval.
8. That the paving and drainage plans be reviewed by the City
Engineering Officer prior to final site plan approval.
9. That the developer enter into an improvements agreement with the
City of Bozeman. The structure may not be occupied until all
required improvements have been installed, and inspected and
accepted by the City of Bozeman. If occupancy is to occur prior to
the installation of the required improvements, the developer shall
secure the Improvements Agreement with an acceptable method of
security equal to one and one-half (1 i) times the amount of the cost
of the scheduled improvements.
10. That three (3) copies of the final site plan containing all the condi-
tions, corrections and modifications approved by the City Commission
be submitted for review and approved by the Planning Director within
six (6) months of the date of the City Commission approval and prior
to issuance of a building permit for the project. One (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 I
completed within eighteen (18) months of 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 will be permanently renewed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff;
those voting No, none.
Discussion - action to be taken on pending annexation requests
City Manager Evans presented to the Commission the staff recommendation for action to
be taken on the four pending annexation requests which have been acknowledged by the Commis-
sion. The City Manager concurred in the staff recommendation that the Commission table action
on the four pending annexation requests. He stated the requests include (1) M. N. Nash, for
portions of Lot 4, Lots 5 through 8, Lots 10 through 23 and Lot 24, and all of Lot 9, all
located in Bulens Subdivision, which is located along the southeast side of the city, bordered
by Graf's Fourth Subdivision and Gardner Park Subdivision; (2) Roger H. and Rosalind I Smith,
41. 6 acres in the E!, Section 2, T2S, R5E, MPM, which is located north of Durston Road and
west of North Nineteenth Avenue extended; (3) Stephanie Volz, "Buck" Bos, Norman Wallin and I
David Wallin, 14.6 acres west of the U. S. 191/West Babcock intersection, lying north of West
Babcock Street; and (4) James W. and Mabel L. Stephens, 2.027 acres located along north side
of West Main Street, immediately west of the EconoLodge.
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com-
mission table any and all action on the above-listed four annexations until an annexation policy
is adopted. The motion carried by the following Aye and No vote: those voting Aye being
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Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and
Mayor Stiff; those voting No. none.
of South Ninth Avenue and West Koch
City Manager Evans presented to the Commission three letters requesting installation of
I stop signs at the intersections of South Ninth Avenue and West Koch Street and South Tenth
Avenue and West Koch Street. The City Manager indicated the Commission has also received
copies of a memo from Director of Public Safety Don Barrick recommending that the Commission
acknowledge receipt of these. requests and forward them to the Pedestrian/Traffic Safety
Committee for review and a recommendation. The City Manager then concurred in that recommen-
dation.
Commissioner Vant Hull stated she has received a verbal request for installation of a
stop sign at the intersection of South Sixth Avenue and West Olive Street. She asked if that
request could also be submitted to the Pedestrian/Traffic Safety Committee.
Following a brief discussion, the Commission determined that all intersections along Olive
Street from South Rouse Avenue to South Eleventh Avenue should be reviewed.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission acknowledge receipt of the three requests for stop signs at the intersections of
South Ninth Avenue and West Koch Street and South Tenth Avenue and West Koch Street and
refer those requests, as well as the Commission's concerns about the need for stop signs at
intersections of Olive Street from South Rouse Avenue to South Eleventh Avenue, to the
Pedestrian/Traffic Safety Committee for review and a recommendation to be submitted as soon as
possible. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and
Mayor Stiff; those voting No. none.
I Break - 8:05 to 8:10 p.m.
Mayor Stiff declared a five-minute break at 8:05 p.m., to reconvene at 8:10 p.m., in
accordance with Commission policy established at their regular meeting of March 14, 1983.
Request for extension of Community Garden Program in Langohr Park, with addition of ten
plots, for the 1984 growing season
City Manager Evans presented to the Commission a request submitted by Interim Recrea-
tion Officer Curt Shook for the extension of the Community Garden Program in Langohr Park,
with the addition of ten plots, for the 1984 growing season. The City Manager stated this
year's program was a success, with all available lots being rented for the growing season. He
then recommended the Commission approve the request to continue the program and add ten more
lots due to the community interest shown in the program.
It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the
Commission approve the request submitted by Interim Recreation Officer Curt Shook for an
extension of the Community Garden Program in Langohr Park for the 1984 growing season and
the request for the addition of ten garden plots at this site. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver,
Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No. none.
Commission meeting - November 8, 1983, 11 :30 a.m.,
I City Manager Evans stated that he, Assistant City Manager Don Barrick, City Attorney
Mary Crumbaker-Smith and Building Official Gene Yde will attend the Zoning Commission meet-
ing, to be held on November 8,1983 at 11:30 a.m. in the King Gallatin Room at the Baxter
Hotel. The City Manager stated the Commissioners are also invited to attend the meeting. He
indicated the purpose of the meeting is to discuss zoning enforcement.
Commissioner Mathre said she would be able to attend. Commissioner Vant Hull indicated
she will be meeting with another group for a portion of the lunch hour but will attend this
meeting as much as possible.
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Appointments to Construction Codes Board of Appeals
City Manager Evans stated the Commission has created a Board of Appeals. The Clerk
of the Commission has advertised the appointments; and the deadline for applications has
passed.
Each Commissioner then submitted the names of five individuals for the Board of Appeals.
It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the
Commission appoint Gene Brooks, Robert V. Lashaway, J. Paul Petersen, Corbin Ross and Paul I
A. Schofield to the Board of Appeals. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson,
Commissioner Mathre and Mayor Stiff; those voting No. none.
Continued discussion - public education program on self-government powers
Commissioner Weaver and Commissioner Vant Hull reviewed the talks they have given
during the past week. Commissioner Weaver indicated he remains optimistic about the vote
which is to be taken tomorrow.
Review of draft letter to Darlinton Manor
City Manager Evans stated the staff has reviewed the draft letter submitted by Com-
missioner Vant Hull. He noted the staff had indicated approval of most of the letter but had
indicated concern about mentioning creation of a Special Improvement District for installation of
a sidewalk along the east side of North Fifth Avenue. He stated the City owns Westlake Park,
which has a large portion of the frontage along North Fifth Avenue between Durston Road and
West Tamarack Avenue. He indicated the funding for the City's portion of a Special Improvement
District for sidewalks would need to be considered in the Capital Improvement Program each year.
Commissioner Anderson noted many of the residents of Darlinton Manor walk to Van's IGA;
and there are no sidewalks along North Fifth Avenue or along North Seventh Avenue. She stated
she feels sidewalks should be installed for pedestrian safety. I
The Commission concurred that the letter should be sent to the residents of Darl inton
Manor as drafted by Commissioner Vant Hull.
Consent Items
City Manager Evans presented to the Commission the following items:
Application for Raffle License - Fraternal Order of Eagles Auxiliary No. 326
- December 7, 1983
Application for Raffle License - Bozeman Deaconess Hospital Auxiliary -
December 20, 1983
Authorize Ma or to si n - Contract Documents - SID No. 632, Schedules I
and ig y aving ompany - 62,814,48
Authorize Mayor to sign - Contract Documents - construction of lay-down
curbs in the downtown area - Concrete Specialties, Inc. -
$11,500.00
Report - Building Inspection Division for October 1983
It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the
Commission 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 Anderson, Commissioner Mathre, Commissioner Weaver,
Commissioner Vant Hull and Mayor Stiff; those voting No. none.
Work session - review of City Manager applications
City Manager Evans, Assistant City Manager Barrick and City Attorney Crumbaker-Smith
were excused from the remaining portion of the meeting. I
Commissioner Weaver noted the Commission is now working with a pool of twelve appli-
cants and suggested that the Commission direct the Clerk of the Commission to send letters to
the applicants who have been eliminated in the second cut as well as to those applicants who
have withdrawn their applications to date. The Commission concurred in that suggestion.
Commissioner Weaver suggested the Commission rank order the remaining twelve appli-
cants and select the top ones as those on which to conduct telephone reference checks.
Commissioner Mathre indicated she had thought telephone reference checks would be
conducted on all of the top twelve candidates.
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Commissioner Weaver stated checking references on each of the candidates could jeop-
ardize the positions of eleven applicants.
The Commissioners then rank ordered the twelve applicants. Following the tallying of
those sheets, the Commissioners discussed each candidate. The Commissioners selected five
candidates upon which they wished to conduct telephone reference interviews. They then
I instructed the Clerk of the Commission to prepare a list of telephone references for each
Commissioner. Commissioner Weaver stated he would prepare a telephone interview tally sheet
for the Commissioners to use when making the telephone calls. The Commissioners will discuss
these telephone reference interviews at next week's meeting.
Adjournment - 10:05 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and
Mayor Stiff; those voting No. none.
ALFRED M. STIFF, Mayor
ATTEST:
Clerk of the Commission
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11-07-83