HomeMy WebLinkAbout1980-09-24
-128
Bozeman, Montana
September 24, 1980
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, September 24, 1980 at 1:15 o'clock p.m. Present were Mayor MacNab,
Commissionr Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City
Manager Gesko, City Attorney Planalp, and the Clerk. I
Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the
regular meeting held on Wednesday, September 17, 1980 were approved as submitted.
Bozeman Chamber of Commerce - discussion re Master Plan Revision
Several members from the Bozeman Chamber of Commerce addressed the City Commission regard-
ing their concern for completion of the Master Plan revision.
Vern Voegele, President of the Chamber of Commerce felt it important to proceed with the
master plan revision. Said if the general publiC knew what can be used it would be more attrac-
tive to them. He said the Chamber of Commerce would like to know just when the Master Plan
can be completed.
The Planning Director said the City staff is ready to commence the job but must hire an
additional person to do that project.
Sherman Veltkamp expressed the concern of the community and urged the Commission to take
action on this project immediately.
Joel Shouse, Chairman of the City/County Planning Board advised the Commission that they
have been trying desperately to get the revised master plan started. He mentioned a proposed
planning budget of approximately $128,000.00 that could be provided by added City/County contri-
butions plus fee revisions. Mr. Shouse further advised the Commission that the zoning fee
increases would have to be passed before the Planning Board can begin with the revision of the
proposed master plan. He advised the Commission that they need financial backing from both
the City and the County. I
The City Manager felt that the City and County need to formally agree to cover any deficit
as a result of the effort to revise the plan. The County has committed $10,000.00 to this
effort. The City has agreed to commit approximately $13,500 for normal operating budget needs.
The City may be able to contribute additional funds to see this program finalized.
The City Manager was instructed to prepare a proposed supplemental appropriation to pro-
vide for the revision of the Master Plan and to seek additional information from the County
as to their Sharing of the costs, to be brought back for Commission action on Wednesday, October
1, 1980.
Purchase Agreement
Commissioner Stiff advised the Commission that he had met with Director of Finance William
Verwolf of the City of Helena in regard to the possibility of refinancing of monies for the City
of Bozeman.
The Commission instructed the City Attorney to investigate the legality of placing the
City's checking account with a bank offering the highest interest, and come back with a res-
ponse on Wednesday, October 1, 1980.
Discussion - re Zoning Fees
A pUblic hearing was advertised for this date for the purpose of discussing the revised
zoning fees.
Following a thorough discussion of the fees, it was moved by Commissioner Vollmer, sec-
onded by Commissioner Stiff, that the Commission waive the one week waiting period and the I
City Attorney be instructed and directed to draw up an ordinance amending 18.09.070 schedule
of fees, charges and expenses and a collection procedure for building permits, appeals, and
other matters pertaining to this ordinance, to be brought for action on Wednesday, October 1,
1980. The motion was carried by the fOllowing Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor
MacNab; those voting No, none.
129
Ordinance No. 1062 - amend Ordinance No. 1057 - Bozeman Sewer
Ordinance No. 1062 amending Ordinance No. 1057 to provide that ordinance shall not
become effective until the terms and provisions thereof have been approved by the Public
Service Commission of the State of Montana, as prepared by the City Attorney, was pre-
sented, entitled:
I ORDINANCE NO. 1062
AN ORDINANCE OF THE CITY Cm1mSSION OF THE CITY OF
BOZEMAN AMENDING ORDINANCE NO. 1057 TO PROVIDE THAT
SAID ORDINANCE SHALL NOT BECOME EFFECTIVE UNTIL THE
TERMS AND PROVISIONS THEREOF HAVE BEEN APPROVED BY
THE PUBLIC SERVICE COMMISSION OF THE STATE OF MON-
TANA.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission
pass and adopt Ordinance No. 1062. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis-
sioner Vollmer, and Mayor MacNab; those voting No, none.
Ordinance No. 1063 - amend Ordinance No. 1058 - enacting the procedure for determining equitable
cost levied on industrial concern which discharges wastewater-to system
Ordinance No. 1063 amending Ordinance No. 1058 to provide that said ordinance shall not
become effective until the terms and provisions thereof have been approved by the Public Ser-
vice Commission of the State of Montana, as prepared Qy the City Attorney, was presented,
entitled:
ORDINANCE NO. 1063
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZH1Al~ MIENDING ORDINANCE NO. 1058 TO PROVIDE THAT
SAID ORDINANCE SHALL NOT BECOME EFFECTIVE UNTIL THE
TER~1S AND PROVISIONS THEREOF HAVE BEEN APPROVED BY
THE PUBLIC SERVICE COMMISSION OF THE STATE OF MON-
I TANA.
It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission
pass and adopt Ordinance No. 1063. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commis-
sioner Stiff, and Mayor MacNab; those voting No, none.
Ordinance No. 1064 - amend Ordinance No. 1059 - replace Section 10.19.020 & 10.19.030 enacting
and determining equitable service charges to be levied on al1userswhichdischarge'wastewater
to the wastewater system
Ordinance No. 1064 amending Ordinance No. 1059 to provide that said Ordinance shall not
become effective until the terms and provisions thereof have been approved by the Public Ser-
vice Commission of the State of Montana, as prepared by the City Attorney, was presented,
entitled:
ORDINANCE NO. 1064
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN AMENDING ORDINANCE NO. 1059 TO PROVIDE
THAT SAID ORDINANCE SHALL NOT BECOME EFFECTIVE
UNTIL THE TERMS AND PROVISIONS THEREOF HAVE BEEN
APPROVED BY THE PUBLIC SERVICE COMMISSION OF THE
STATE OF t10NTANA.
It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission
pass and adopt Ordinance No. 1064. The motion was carried by the following Aye and No vote:
I those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis-
sioner Swanson, and Mayor MacNab; those voting No, none.
Todd & Associates of Great Falls (Greenwood Plaza)
Brad Calbert, a financial consultant for developers Todd & Associates appeared before the
Commission to present a proposal to approve the formation of a nonprofit corporation to sell
$1.6 million in bonds for the proposed project. Mr. Calbert said the sale would be necessary
to replace a Housing and Urban Development grant lost when Congress cut funding for housing
130
projects. He further stated the bonds would have tax free status if the City of Bozeman approved
the project. He said the City would not have to pay interest or principal in case of default.
He said the financing would be guaranteed by Housing and Urban Development and the Federal Hous-
ing Administration.
Approval of the plan would allow Todd and Associates to secure financing before the Decem-
ber deadline set by HUD. The fifty units of rent-subsidized housing are intended to replace I
the old legion housing on North Bozeman.
Non-handicapped people cannot be barred from moving in the proposed housing project. The
tenants will never pay more than twenty-five percent of their incomes for rent.
Mr. Calbert did not state specifically whether or not the legion residents would be the
first to be located in the new facility.
Following discussion, the Commission referred the request of Todd and Associates to the
City Attorney for review and legal approval.
Commission Resolution No. 2224 - Rick Mayfield & Assoc. - amendments to Bozeman Area Master
Plan (Story Hills)
Commission Resolution No. 2224 amending the Bozeman Area Master Plan (Story Hills Subdi-
vision) as prepared by the City Attorney, was presented, entitled:
COMMISSION RESOLUTION NO. 2224
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE BOZEMAN AREA MASTER
PLAN.
It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission
approve the resolution amending the Bozeman Area Master Plan for Story Hills Subdivision. The
motion was carried by the fallowing Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Swanson, Commissioner Mathre, and Mayor ~1acNab; those voting No being Commissioner
Stiff.
Proposed resolution - Gary Schaefer & Vaughn Johnson -Amendments to Bozeman Area Master Plan I
The City Manager presented a proposed resolution which will amend the Bozeman Area Master
Plan involving property owned by Gary Schaefer and Vaughn Johnson.
The Planning Director advised the Commission that Vaughn Johnson requested that this item
be postponed indefinitely.
Several property owners were present to complain that they were not notified about a pro-
posed zone change. They said only three out of the five had been notified.
The Building Inspector said that information provided by the County on property sales
does not always disclose the correct name of the buyer, and does not disclose the names of
buyers on a contract for deed basis. The Building Inspector also admitted that they had erred
in not recording the name of one adjacent owner after he had received a copy of the deed.
It was suggested that staff members devise a new method of determining landowners to be
notified about a zone change request.
Commission Resolution No. 2223 - fixing date, maturity date, and principal amount of bonds to
be issued - SID No. 619 - Lea Avenue
Commission Resolution No. 2223 fixing the date, maturity date, and the principal amount
of bonds to be issued in Special Improvement District No. 619.
Cm1MISSION RESOLUTION NO. 2223
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN FIXING THE DATE, MATURITY DATE AND THE PRIN-
CIPAL AMOUNT OF BONDS TO BE ISSUED IN SPECIAL IMPROVE- I
ME NT DISTRICT NO. 619.
It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission
Resolution No. 2223 be passed and adopted. The motion was carried by the following Aye and
No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner
Mathre, Commissioner Vollmer, and ~1ayor MacNab; those voting No, none.
I.....'
Contract documents for signature - SID No. 619 - Roe & Sons. Big Timber
The Contract documents for the construction of water main improvements on Lea Avenue,
SID No. 619, as prepared by Thomas, Dean & Hoskins, Inc., were presented.
The City Manager recommended that the Contract documents in the amount of $13,775.83
as submitted by Roe & Sons, Big Timber, Montana be approved.
I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Con-
tract documents be approved, and the Mayor and Clerk of the Commission be authorized and
directed to sign the contracts for the City of Bozeman, and that Roe & Sons be authorized
and directed to proceed with the construction of SID No. 619. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner
Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No. none.
Authorization for litigation
It was moved by Commissioner Mathre, seconded lyCommissioner Vollmer, that the City
Attorney be authorized and directed to commence condemnation proceedings on the property
belonging to Richard Smiley, Robert S. Foster and the Bozeman Baptist Church. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre,
Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson. and Mayor MacNab; those
voting No. none.
Request permission to attend Chief's of Police Conference - Miles City - October 16-17, 1980
The Chief's of Police Conference has been scheduled to be held at Miles City, Montana,
on October 16-17, 1980, and the Chief of Police requested permission to attend the conference.
It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Chief
of Police be granted permission to attend the conference and, it being in the p~blic interest
his expenses by paid from the appropriate fund. The motion was carried by the following Aye
and No vote; those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner
I Swanson, Commissioner t1athre, and Mayor MacNab; those voting No, none.
Report - Broad Valley Federation of Libraries
The report of Broad Valley Federation of Libraries for the month of August, 1980 will be
listed on the agenda next week for acknowledgement and filing.
Suggestion on pet licenses and fees
The Commission directed the City A..ttorney to draw up an ordinance amending Ordinance
No. 1035, to include vaccination and licensing of cats or any other pet. The motion was
carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer,
Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those
voting No, none.
Adjournment
With no further business to come before the Commission at this time, it was moved by
Commissioner Stiff, seconded by Commissioner Swanson, that the meeting be adjourned. The
motion was carried by the following Aye and No vote: Those voting Aye being Commissioner
Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab;
those voting No, none. LC~/.
-
DUNCAN S. MACNAB, Mayor
I ATTEST:
~~ 01 lJ~~~/)
~gt/ ERNA V. HARDING,
Clerk of the City Commission