HomeMy WebLinkAboutOrdinance No. 1783, One year lease with Bill Tatarka for Mandeville Property.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Service
Chuck Winn, Assistant City Manager
SUBJECT: Ordinance No. 1783 authorizing the City Manager to enter into a 1-year
ground lease with Bill Tatarka for the lease of the Mandeville Farm property for the purpose of
farming.
MEETING DATE: April 5, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Grant an exception to Resolution No. 4250 to not require an Anti-
Discrimination Clause within the Lease
AND
Authorize the City Manager to enter into a 1-year lease with Bill Tatarka for the purpose of
farming on the Mandeville Farm property.
BACKGROUND: The City of Bozeman has leased the Mandeville Farm property to a local
farmer since it was purchased in 2003. Bill Tatarka has leased the property since January 1,
2008. Per the lease, Mr. Tatarka pays the City twenty-five percent of the value of any crop
harvested, less the cost of chemicals used for weed control. The lease requires the lessee to
control noxious weeds. The amount the City receives varies annually.
Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance any
time the Commission "convey(s), lease(es)or authorize(s) the conveyance or lease of any lands
of the city."
Section 7-8-4201, Montana Codes Annotated (MCA) authorizes the City to lease property upon a
vote of two-thirds (2/3) of the Commission which requires an affirmative vote of four members
of the five member Bozeman City Commission.
This Ordinance will not be codified but will be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled “Conveyances and Leases of City Land.”
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REQUEST FOR EXCEPTION TO COMMISSION RESOLUTION No. 4250 - ANTI-
DISCRIMINATION CLAUSE WITHIN CERTAIN WRITTEN AGREEMENTS,
INCLUDING LEASES
Resolution No. 4250 was adopted by the City Commission on March 29, 2010. This Resolution
requires: “All written agreements including but not limited to collective bargaining agreements,
contracts, and leases, entered into by the City, including agreements for professional services and
sole source services, shall include a provision prohibiting discrimination in the fulfillment of the
agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
actual or perceived sexual orientation, gender identity or disability.” (emphasis added)
The Resolution specifies that exceptions to this policy may be made by the Commission on a case-
by-case basis. This exception is designed to ensure the policy can be dynamic in its application. The
Commission must approve exceptions as an action item.
The renewal of the Lease was sent to Mr. Tatarka in December 2009. We received the signed Lease
back from him in early February. Other projects delayed submitting the Ordinance for the lease to
the Commission until this date, but it has been scheduled for this April 5, 2010 meeting for several
weeks. Because the renewed lease was sent and signed prior to adoption of Resolution No. 4250,
staff is requesting the Commission grant an exception to the Resolution No. 4250, which requires an
anti-discrimination clause within the Lease. Future lease renewals will contain the required clause.
FISCAL EFFECTS: The City received $1,150 for this lease in 2008 and $4,380 in 2009. The
property is used for farming purposes and the lessee is required to control weeds so the City does
not incur the costs for maintenance.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Ordinance 1783
Mandeville Farm Lease
Report compiled on: March 31, 2010
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ORDINANCE 1783
Page 1 of 4
ORDINANCE 1783
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR
GROUND LEASE WITH BILL TATARKA FOR THE LEASE OF MANDEVILLE
FARM PROPERTY, FOR THE PURPOSE OF FARMING.
WHEREAS, the City of Bozeman desires to lease property at the Mandeville Farm,
located on Red Wing Road, for farming purposes as it has done since the property was purchased
in 2003; and
WHEREAS, said lease allows land to be grazed and/or farmed, with 25% of the value of
any crop harvested from premises, less cost of chemicals used for weed control, up to $200
annually, to be paid to the City; and
WHEREAS, Bill Tatarka has indicated his desire to renew said lease; and
WHEREAS, the lease of this property benefits the public interest because the land is
used for agricultural purposes and lessens the City’s resources to maintain it; and
WHEREAS, the lease requires lessee to control noxious weeds; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to
adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s) the conveyance or
lease of any lands of the city;" and
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ORDINANCE 1783
Page 2 of 4
WHEREAS, Section 7-8-4201, MCA, authorizes the City to lease property upon a vote
of 2/3 of the Commission which requires an affirmative vote of four members of the five
member Bozeman City Commission; and
WHEREAS, should this Ordinance never be finally adopted by the City Commission, the
lease shall have no binding effect.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The City Commission hereby authorizes the City Manager to enter into the attached 1-year
ground lease (Exhibit A) with Bill Tatarka for lease of the Mandeville Farm property,
located on Red Wing Road, Bozeman, MT. The lease is incorporated herein by reference
and made a part of this Ordinance.
Final execution of the lease is dependent upon final adoption of this Ordinance 1783 and as
such the City Manager cannot execute the lease until 30 days after second reading of this
Ordinance.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the
ordinances of the City of Bozeman not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All
other provision of the Bozeman Municipal Code not amended by this Ordinance shall
remain in full force and effect.
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ORDINANCE 1783
Page 3 of 4
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Conveyances and Leases of City Land.”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 5th of April, 2010.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
152
ORDINANCE 1783
Page 4 of 4
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the ____ day
of ________________, 2010. The effective date of this ordinance is __________, __, 2010.
_____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________________
GREG SULLIVAN
City Attorney
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