HomeMy WebLinkAbout1984-01-09
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
January 9, 1984
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The Commission of the City of Bozeman met in regular session in the Commission Room,
I Municipal Building, January 9, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner
Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Interim City
Manager Swan, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of
the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner
Math re .
The minutes of the special meeting of January 3, 1984, were approved as submitted.
Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14,
1983; December 5, 1983; January 3, 1984; and the special meetings of November 26, 1983; and
December 23, 1983; was deferred unti I a later date.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Regulations and
This was the time and place set for the decision on the Amendment to Section 11 of the
Bozeman City-County Subdivision Regulations and Appendix A, to provide for review of the exemp-
tions claimed for land divisions that are otherwise exempt from local review.
Interim City Manager Swan stated the City-County Planning Board has recommended approval
of the Amendment and concurred in that recommendation.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
I Commission approve the Amendment to Section 11 of the Bozeman City-County Subdivision Regula-
tions and Appendix A, to provide for review of the exemptions claimed for land divisions that
are otherwise exempt from local review; and direct the City Attorney to prepare an ordinance.
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 - Amendment to Section 15.5 of the Bozeman City-County Subdivision Regulations -
subdivision review fees
This was the time and place set for the decision on the Amendment to Section 15.5 of the
Bozeman City-County Subdivision Regulations, to provide for revision of the subdivision review
fees.
Interim City Manager Swan stated the City-County Planning Board has recommended approval
of the Amendment and concurred in that recommendation.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the Amendment to Section 15.5 of the Bozeman City-County Subdivision Regula-
tions, to provide for revision of the subdivision review fees; and direct the City Attorney to
prepare an ordinance. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre
and Mayor Weaver; those voting No, none.
I Decision - recommended conditions for approval of Preliminary Plat for Story Hills Subdivision
No.1 St, Section 4, and portions of Section 5, T2S, R6E, MPM (western one-half of Story
Hills Annexation)
This was the time and place set for the decision on the recommended conditions for
approval of Preliminary Plat for Story Hills Subdivision No.1, located in the South one-half of
Section 4 and portions of Section 5 of Township 2 South, Range 6 East, MPM. This property is
also known as being located in the western one-half of Story Hills Annexation.
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Interim City Manager Swan stated the City-County Planning Board has recommended
conditional approval of the Preliminary Plat. She then recommended that the Commission concur
in Condition Nos. 2 through 18 as recommended by the Planning Board, and that a decision on
the Preliminary Plat be deferred until Condition No. 1 has been satisfactorily resolved.
Commissioner Vant Hull once again expressed concern about the proposed cul-de-sacs,
especially since the Director of Public Service (Works) has indicated they are difficult to I
maintain. She also stated the Commission must consider the health, safety and welfare of the
potential residents in the development; and she feels the cul-de-sacs could create a hazard,
especially when considering access for emergency vehicles.
Director of Public Service (Works) Holmes stated that cul-de-sacs create a maintenance
headache, as well as being expensive to maintain. He noted graders must be used to plow the
snow on cul-de-sacs because trucks cannot maneuver in those areas.
Mayor Weaver asked what priority cul-de-sacs receive in snow removal.
The Director of Public Service (Works) stated the cul-de-sacs have the same priority as
any other streets, after the snow routes have been plowed.
Commissioner Anderson asked what type of performance requirements should be imposed.
She also asked if an agreement and timetable should be established for completion of the various
conditions for approval of the Preliminary Plat.
Senior Planner Steve Lere stated the developer has one year from the Preliminary Plat
approval until the final site plan approval. He stated all improvements must be installed or an
Improvements Agreement entered into and a form of financial security submitted.
Interim Planning Director Mike Money stated collecting on a Letter of Credit or security
bond is difficult because arbitration occurs prior to payment by a financial institution on those
improvements which have not been completed.
Commissioner Jordan noted concerns expressed during consideration of annexing this property
in 1981 included water rights from Rocky Creek for the annexation, and possible denial of develop-
ment if insufficient water is available. I
Senior Planner Lere stated those items were addressed in the annexation report. He also
noted the State must determine if sufficient water is available to service the proposed develop-
ment, and the City reviews that information.
Commissioner Jordan then stated he feels the Commission should require a surety bond
for the on-site improvements, rather than allowing the possibility of a Letter of Credit.
The Commissioners then reviewed the proposed conditions and discussed those conditions
about which they had questions.
Senior Planner Steve Lere stated the streets in the Planned Unit Development will be
private streets, whi Ie those in Phase III wi II be public streets.
City Attorney Crumbaker-Smith stated private streets lessen the City1s liability. She
then stated if cul-de-sacs present problems in providing services, they should be carefully
reviewed. However, they are allowed at this time, and the City cannot deny their use in this
development. The City Attorney also noted the City cannot be expected to provide a level of
services that cannot be easily maintained.
I nterim City Manager Swan asked what would happen if the developers do not comply with
the conditions set forth for approval of the Preliminary Plat and the final site plan is not
approved.
Senior Planner Lere stated the developer has expended a large sum of money on this
development and will probably meet the conditions so that he can realize a return on his invest-
ment. However, if the final site plan is not approved, the City may be obligated to return the
area to its natural state. I
It was moved by Commissioner Mathre that the Commission approve Condition Nos. 2 through
18, as follows, and as recommended by the City-County Planning Board, with the revisions to
Condition No.7 that the word Ilmustll be added and Condition No. 15 that a surety bond be re-
qui red, and that this action does not constitute approval of Condition No. 1 or of the
Preliminary Plat.
2. That the design standards for the private roads accessing the townhouse
development be reviewed by the City, and that these roads be designed to
a private City curb and gutter standard.
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3. The general sewer main layout will need to be redesigned to meet City
requirements. As proposed, it is inadequate. The plans and specifications
for the system will need to be reviewed and approved by the City prior to
final plat approval.
4. Water supply information will need to be reviewed by the City to determine
if there is adequate fire fighting capability prior to final plat approval.
I 5. That the water distribution system be designed to City standards and
approved by the City prior to final plat approval.
6. That the City not be required to provide solid waste collection service
because of the increased demand on personnel and equipment.
7. That a plan must be developed with the City of Bozeman and the developer
that adequately addresses soils and geology on all lots within the
development prior to final plat approval.
8. That the pedestrian circulation system be approved by the Engineering
Officer prior to final plat approval.
9. That the commercial area meet the zoning requirements for permitted uses in
a neighborhood zone.
10. That the dimensions and areas of parkland and open space be shown on the
final plat.
11. That a temporary cul-de-sac be shown at the end of Suffolk Road.
12. That the intersection of Pinto Circle and Big Gulch Road be eliminated at
the "S" curve as shown on the preliminary plat.
13. That location of utility easements be shown on the final plat or a statement
that utility easements will be along side and rear property boundaries be
shown on the plat.
14. That all required certificates be shown on the final plat.
15. That if the plat is to be filed prior to all improvements being installed and
I approved by the City of Bozeman, that the developer enter into an
improvements agreement with the City, and that it be secured by a surety
bond equal to the amount of the cost of installation of the remaining
scheduled improvements. Also, plans and specifications for construction
must be approved per Sections 2.5 and 10.2-1 prior to submittal of final
plats. The improvements agreement will contain a construction time
schedule and a method of payment to the City for the inspection of the
improvements' installation.
16. That a covenant be developed that addresses criteria which would allow
horses in the development and which addresses environmental and health
concerns regarding horses.
17. That the covenants be reviewed and approved by the City prior to final
plat approval.
18. That the developer designate a site for a possible use for a public school
and provide a reasonable opportunity for negotiation for purchase of said
site.
Mayor Weaver yielded the gavel to Mayor Pro Tempore Mathre and seconded the motion for the
purpose of bringing the motion to a vote, whereupon Mayor Pro Tempore Mathre returned the
gavel and control of the meeting to Mayor Weaver.
It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that
action on the above motion be tabled for an indefinite period of time.
Prior to voting on the motion, Commissioner Mathre once again cautioned the Commission
that January 10, 1984 is the last day for action on the Preliminary Plat; and if no action is
taken, the Preliminary Plat as submitted would be automatically approved.
I The motion then failed by the following Aye and No vote: those voting Aye being
Commissioner Anderson; those voting No being Commissioner Vant Hull, Commissioner Jordan,
Commissioner Mathre and Mayor Weaver.
The original motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those
voting No being Commissioner Vant Hull.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission request the developer to grant an extension for Preliminary Plat approval for a
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period not to exceed four weeks so that a formula for off-site improvements satisfactory to the
City and the developer can be developed. 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.
Mr. Dave Tone, representing the developer, approved the requested extension for a
period not to exceed four weeks. I
B rea k - 5: 1 0 to 5: 1 5 p. m .
Mayor Weaver declared a five-minute break at 5:10 p.m., to reconvene at 5:15 p.m., in
accordance with Commission policy established at thei r regular meeting of March 14, 1983.
Continued discussion - proposed relocation of City Court; authorize call for bids for remodeling
of basement vault
Interim City Manager Swan noted that the Commission has received memos from the Assistant
City Manager and City Attorney concerning the proposed relocation of the City Court facility.
She then recommended that the Commission consider authorizing the call for bids for the pro-
posed remodeling of the City Hall basement for court facilities.
Mr. Jim Moore, Attorney and member of the Judicial Coordinating Committee, noted that
the Committee was created by the City Commission at the request of the City Judge, because of
concern for the manner in which the City Court operates and its surroundings. Mr. Moore stated
the arrangement of a courtroom is standard throughout the country because it provides a work-
able atmosphere in which to conduct trials. Mr. Moore then reviewed the manner in which
trials are conducted in the present Commission Room/Court Room. He stated several attorneys
have expressed concern about the surroundings in which trials are held. Mr. Moore then stated
it is important to realize that the City Court must have the dignity that every courtroom
deserves.
Mr. Moore then stated the staff has submitted suggestions for remodeling of the City I
Hall basement to provide dignified surroundings for the City Court. He noted those recom-
mendations also provide for use of existing unused space as well as providing facilities that
would create more efficiency for Court personnel. He stated there are currently no Judge's
Chambers, so the jury must now be excused while the Judge and attorneys conduct "side bar
conferences, II which usually requi re an exchange of few sentences. He noted this is an in-
efficient method and can create a hardship for the jury by going up and down stairs between
the Court Room and the Conference Room, which is currently used as a jury room. Mr. Moore
then urged the Commission to approve the recommendations submitted by the staff for remodel-
ing of the basement to provide dignified City Court facilities.
Commissioner Vant Hull noted the staff recommendations include several items that do not
involve the dignity of the Court surroundings. She noted the Conference Room was so designated
less than two years ago; and an elevator has been recently installed which is large enough for
the six jurors and bailiff to move between the floors as needed.
Commissioner Anderson asked how often the "side bar conferences" are held.
City Attorney Crumbaker-Smith stated there are a few "side bar conferences II in every
jury trial. She noted there are currently an average of twelve jury trials each year, but she
anticipates an increase to possibly eighteen jury trials per year due to the new DU I laws which
have been recently enacted.
Commissioner Anderson suggested that the staff recommendations be split into various
alternates in the bidding process, rather than including al.1 proposed remodeling in one lump
bid. I
Mr. Moore suggested that the Commission consider at least remodeling the existing
Commission/Judge bench. He noted the lower bench area and the upper bench area create a
large span across which to hand tickets; and that can create problems. Mr. Moore also stated
one of the reasons he feels inferior courts should have dignified surroundings is because it is
quite often the first contact one has with the criminal system.
Mayor Weaver noted with the construction of the existing bench, the cost of remodeling
that bench will be almost as much as the cost of constructing a new Judge's bench along the
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north wall of the Commission Room/Court Room, which is estimated at $2,270.00 in the staff
recommendations.
Commissioner Jordan expressed reservations about spending $21,000.00 for remodeling of
the City Hall for City Court facilities, especially if the addition of a second floor on City Hall
becomes a reality within the next few years.
Mayor Weaver noted the installation of restrooms in the basement is estimated to cost
I $5,800.00. He stated this item had been presented to the Commission about a year ago and was
denied at that time.
Assistant City Manager Barrick stated in his memo he has suggested that the Commission
may want to split the bid, with the office facilities and Judge's chambers as the base bid and
jury room, restrooms. Judge's bench and re-installation of the vault door as alternates.
Clerk of Court Myrna Orton stated she serves as clerk and bailiff during jury trials.
She stated when the jury must be dismissed, for whatever reason, she must assume the duties
of bailiff, secure the jury and return to the Court Room as clerk. When the conference or
recess is completed, she must then return the jury to the Court Room. She noted with the jury
using the Conference Room and the lack of Judge's Chambers, much time is wasted on such trans-
fers. The Clerk of Court then stated when the jury is in deliberation, the Conference Room
must be secured. She noted the Assistant Clerk of Court has a direct line of sight to the
front door, but she must sit in the back of the City Hall so that she has a direct line of sight
to the back door. She stated this takes her away from her desk and work, sometimes for an
extended period of time.
Interim City Manager Swan noted City Hall is an office building, and noted she is
responsible for the productivity of most of the employees. She stated most people work best in
an office atmosphere, and this building is not designed in that manner. She then stated the
bond issue approved in 1965 for the City Hall complex, which includes the Police/ Fire Building,
was $460,000.00; and the estimates for the second floor on City Hall now exceed that amount.
She also noted the life safety needs of the community and the City employees carry a higher
I priority than construction of a second floor on City Hall. The Interim City Manager then stated
the style of management in the City has changed, but the building has not changed to meet the
needs created by that change.
Commissioner Vant Hull stated she would prefer that the plans be redrawn by an architect
for maximum efficiency and economy.
It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commis-
sion authorize and direct the staff to proceed with the call for bids for remodeling of the City
Hall basement for City Court facilities, with the bid specifications to be written for a base bid
and alternates. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those
voting No being Commissioner Vant Hull.
Request - planting of trees on boulevards and in parks - Girl Scout Troop No. 555
Interim City Manager Swan presented to the Commission a request on behalf of Girl Scout
Troop No. 555 to approve a "Keep Bozeman Green" tree planting project. She stated the proposed
project would include planting of trees on City boulevards and in City parks. The Interim City
Manager stated Director of Public Service (Works) Holmes has reviewed the request and noted
he has suggested that the project be approved and that the type and location of all trees be
coordinated through the Park Superintendent. Interim City Manager Swan then stated the request
is basically divided into three segments and recommended that the Commission approve the concept
I for the "Keep Bozeman Green" tree planting project; declare April 28, 1984 as "Keep Bozeman
Green Day; II and not approve memorial designation for anyone park.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission approve the concept of the request submitted on behalf of the Girl Scout Troop No.
555 for a "Keep Bozeman Green" tree planting project. 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.
It was then moved by Commissioner Anderson, seconded by Commissioner Jordan, that
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the Commission declare April 28,1984 as "Keep Bozeman Green Day." 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.
Recess - 6:00 p.m.
Mayor Weaver declared a recess at 6: 00 p. m., to reconvene at 7: 00 p. m. for the pu rpose I
of conducting the scheduled public hearings and completing the routine business.
Reconvene - 7:00 p.m.
Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the
scheduled publ ic hearings and completing the routine business.
Public hearing
SectIon 14, T2 ,
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This was the time and place set for the public hearing on the Zone Map Change requested
by the Evangelical Church to change the present zoning of AS to R-4 on that tract of land
located in the SEt of Section 14, Township 2 South, Range 5 East, MPM. This property is
located on the west side of South Nineteenth Avenue just south of the Montana State University
Vet Research Lab.
Interim City Manager Swan stated the Zoning Commission had opened this public hearing
on January 3, 1984 and continued the hearing to its regular meeting of January 24, 1984. She
then recommended that the Commission open and continue the public hearing until the Zoning
Commission submits a recommendation.
Mayor Weaver opened the publ ic hearing. The Mayor then continued the public hearing
until a recommendation is received from the Zoning Commission.
Public hearing - Zone Code Amendment - amend Section 18.48.090 of the Bozeman Municipal Code, I
revising fee schedules
This was the time and place set for the public hearing on the Zone Code Amendment to
amend Section 18.48.090 of the Bozeman Municipal Code, revising the fee schedules for permits,
zone map changes, variances and other procedures.
Mayor Weaver opened the public hearing.
Interim Planning Director Mike Money presented the Staff Report. He stated the Plan-
ning Staff has reviewed the current fees and the cost of processing various types of applica-
tions to determine if the fees adequately support the costs. He noted the ideal goal is for the
fees to cover one-third of the costs of processing applications. He stated the proposed revised
fees will accomplish that goal. The Interim Planning Director then stated the Zoning Commission
has reviewed and approved the proposed fees. He noted the Planning Staff will review the fees
on an annual basis to determine if they are generating the necessary revenues to cover one-third
of the costs.
No one was present to speak in support of or in opposition to the proposed Zone Code
Amendment.
Mayor Weaver closed the public hearing. A decision will be forthcoming in one week.
Discussion - goal setting process
Interim City Manager Swan stated the Commission had requested this item be placed on
the agenda. I
Commissioner Mathre noted the Commissioners were to bring suggestions for groups to
contact during this process. She stated she has begun to prepare a tentative list of groups to
contact.
Commissioner Anderson stated she feels there are many people who would be helpful in
this process but do not belong to an organized group. She noted the public meetings should
be well publicized so those persons have an opportunity to submit their suggestions.
Commissioner Jordan suggested that a flyer be available at the public meetings that
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would help organization of neighborhood groups if people in the various areas are interested in
doing so. He noted those neighborhood groups could provide a quick, reliable source of infor-
mation in the future. The Commissioner then stated he feels the information from the neighbor-
hood groups should be submitted through the City Manager, rather than to the City Commission.
The Commission then discussed the possibility of conducting a series of public meetings
to begin this process. The Commission concurred that three meetings should be conducted, in
I various areas of the community rather than all in City Hall.
Commissioner Mathre requested that this item be placed on next week's agenda to discuss
a possible calendar of events, which she wi II prepare.
Discussion - possible letter to City-County Planning Board re hiring of new Planning Director
Commissioner Vant Hull noted the County Commission had submitted a letter to the
City-County Planning Board concerning the hiring of a new Planning Director. She asked if
the Commission should consider responding to that letter or sending a letter to the Planning
Board. She then noted the County Commission's letter contained three basic points: (1) the
qualifications for Planning Director; (2) preference for hiring of local person; and (3) salary
increase.
The Commissioners discussed those three points, noting that the City-County Planning
Board has written the qualifications for Planning Director in a manner that will include the
current members of the Planning Staff and has set the salary at $24,000.00 to $28,000.00 per
year. The Commission then concurred that a letter of approval for the steps which have been
taken should be written to the Planning Board.
Mayor Weaver requested that Commissioner Vant Hull prepare a draft letter to be dis-
cussed at next week's meeting.
Discussion - drafts of letters of appreciation to the various boards and commissions
I Interim City Manager Swan presented to the Commission a letter drafted by Mayor Weaver
to be sent to the members of the various boards and commissions expressing the Commission's
appreciation.
Mayor Weaver noted that Commissioner Vant Hull had submitted another draft of the
letter and suggested that the Commission approve that draft letter.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission approve the draft letter of appreciation to the various boards and commissions as
prepared by Commissioner Vant Hull and direct the Clerk of the Commission to prepare letters
to all members of the boards and commissions, to be signed by all Commissioners. 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.
Staff report - impact of financial institutions' tax challenge (Burlington Northern case)
I nterim City Manager Swan presented to the Commission a memo concerning the impact of
the potential refund of financial institutions' tax revenues if the Court rules Senate Bill 335
unconstitutional. She noted this specific tax has been challenged by the Burlington Northern
Railroad, which is also affected by the Senate Bill. The Interim City Manager stated the
revenues from this source are disbursed to the counties, and then to the cities. She stated
information on the amount of money that would be refunded if the Bill is ruled unconstitutional
is not available; but she will present that information to the City Commission as soon as it is
I available.
City Attorney Crumbaker-Smith stated she has talked with individuals from the State.
She gave a brief history of the financial institutions tax, noting it is a corporate license tax
rather than a property tax. She noted the Burlington Northern appealed the tax, and the
Department of Revenue appealed the matter to the Supreme Court for a declaratory judgment
action.
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Ordinance No. 1147 - setting salary for Interim City Manager Swan for January 1984
I nterim City Manager Swan presented Ordinance No. 1147, as prepared by the City
Attorney, entitled:
ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING AN
ADDITIONAL AMOUNT OF COMPENSATION FOR THE DIRECTOR OF FINANCE
DURING HER APPOINTMENT AS ACTING CITY MANAGER. I
The Interim City Manager noted that the Commission had provisionally adopted this
Ordinance on December 27, 1983 and recommended that the Commission finally adopt Ordinance
No. 1147.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the
Commission finally adopt Ordinance No. 1147, setting an additional amount of compensation for
Interim City Manager Swan for January 1984. 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.
Ordinance No. 1148 - amendin Sections 18.04.020 and 18.50.110 of the Bozeman Municipal
or setback requirements or accessory uildin s and structures dish
Interim City Manager Swan presented Ordinance No. 1148, as prepared by the City
Attorney, entitled:
ORDINANCE NO. 1148
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 18.04.020 AND 18.50.110 OF THE BOZEMAN
MUNICIPAL CODE, PROVIDING FOR THE DEFINITION AND SETBACK
REQUIREMENTS OF AN ACCESSORY USE, STRUCTURE OR BUILDING IN THE
CITY OF BOZEMAN, MONT ANA.
The Interim City Manager noted that this Ordinance provides for setback requirements
for dish antennas. She then stated the Commission had provisionally adopted this Ordinance on I
December 27, 1983 and recommended that the Commission finally adopt Ordinance No. 1148.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission finally adopt Ordinance No. 1148, amending Sections 18.04.020 and 18.50.110 of the
Bozeman Municipal Code, providing for setback requirements for accessory buildings and struc-
tu res. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and
Mayor Weaver; those voting No, none.
Appointment to Audit Committee
Commissioner Anderson noted the agenda reflects two different methods of appointing
members to the various boards and commissions.
Mayor Weaver noted the issue of appointments was discussed one year ago, and the City
Attorney had submitted a memo to the Commission indicating the manner in which the various
appointments are to be made.
Commissioner Vant Hull noted the ordinance for all appointments to boards and com-
missions should be changed so that the Commission makes all appointments and that the
necessary changes should be instituted within six months.
It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that Alfred
M. Stiff be appointed to the Audit Committee, to replace Harry Newlon. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner I
Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No,
none.
Appointment to Board of Adjustment
Mayor Weaver appointed Morris Jaffe to replace Harold W. Goble on the Board of Ad-
justment, with a three-year term to expire December 31, 1986.
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
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Commission concur in the Mayor's appointment of Morris Jaffe to the Board of Adjustment with a
term to expire on December 31, 1986. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan,
Commissioner Mathre and Mayor Weaver; those voting No, none.
Appointment to Cemetery Board
I Mayor Weaver appointed Janice Peace to replace Scott W. Callin on the Cemetery Board,
with a three-year term to expire December 31, 1986.
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission concur in the Mayor's appointment of Janice Peace to the Cemetery Board with a
term to expire on December 31, 1986. 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.
Appointment to Parking Commission
It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission appoint Bradley C. Stratton to replace Harry Newlon on the Parking Commission,
with a four-year term to expire on June 30, 1987. 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.
Appointments to City-County Planning Board
It was moved by Commissioner Mathre, seconded by Commissioner Jordan, that the
Commission re-appoint Stephan G. Custer and appoint Theodore E. Metzger to replace Dennis E.
Jordan as the cross-over member between the Zoning Commission and the City-County Planning
Board, with two-year terms to expire on December 31, 1985. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Jordan,
I Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none.
Appointment to Recreation Board
It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the
Commission re-appoint Erhardt R. Hehn to the Recreation Board, with a three-year term to
expire on December 31, 1986. 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.
Appointments to Zoning Commission
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the
Commission re-appoint Theodore E. Metzger and Jeffrey K. Rupp to the Zoning Commission,
with two-year terms to expire on December 31, 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.
It was then moved by Commissioner Jordan, seconded by Commissioner Mathre, that the
Commission appoint James E. Banks to replace Dennis E. Jordan on the Zoning Commission, with
a two-year term to expire on December 31, 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.
I Discussion - FY I items
Interim City Manager Swan noted the Commission had requested this item be placed on
each week's agenda.
Mayor Weaver expressed concern about the abuse of the process in the items which were
discussed at last week's meeting. The Mayor then requested that the Commissioners restrict
any discussion to those items in the current week's packet marked II FYIII. He once again
cautioned the Commissioners not to enter into substantive discussion under this item.
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5D fa
Commissioner Vant Hull indicated she had desired to briefly discuss two items that were
not in this week's packet. Mayor Weaver requested that she discuss the items with the Interim
City Manager during the upcoming week and that the items be placed on the agenda if so deter-
mined.
Consent Items
Interim City Manager Swan presented to the Commission the following items: I
Report - Building I nspection Division for December 1983
Claims
It was moved by Commissioner Anderson, seconded by Commissioner Jordan, 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 Jordan, Commissioner Mathre,
Commissioner Vant Hull and Mayor Weaver; those voting No, none.
Adjournment - 7:55 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
I
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