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HomeMy WebLinkAbout1987-09-28 41:; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 28, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 28, 1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Stiff, Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Stiff requested that the agreement for professional engineering ser- vices for analysis of the sanitary sewer lift station on Wheat Drive be removed for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 21, 1987 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1244 - Amending Section 18.50.150, Fences, Walls and Hedges, of the Bozeman MUnicipal Code City Manager Wysocki presented Ordinance No. 1244, as prepared by the City Attorney, entitled: ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTION 18.50.150, FENCES, WALLS AND HEDGES, OF THE BOZEMAN MUNICIPAL CODE. I The City Manager reminded the Commission that the public hearing on this zone code amendment was held on May 18 and was approved on June 1, 1987. He noted this is the sub- sequent ordinance, which completes the process. He submitted to the Commission a revised copy of the ordinance, noting that Section B on the first page had been revised so that it contains a complete sentence. He then recommended that the Commission provisionally adopt Ordinance No. 1244, as revised, and that it be brought back in two weeks for final adoption. Commissioner Stiff asked the City Manager to review the status of this zone code amend- ment. City Manager Wysocki reminded the Commissioners that the original zone code amendment was referred back to staff, with specific areas outlined for reconsideration. He noted that this zone code amendment was then brought back and was approved by the City Commission following the public hearing procedure. He stated that under this ordinance, the height of fences along any linear park within the city limits is restricted to four feet; however, hedges may be eight feet in height, and there is no other height restriction listed for other vegetation in the rear yard. The City Manager stated that the Recreation Advisory Board has submitted an application for a conditional use permit for the linear park, for the purpose of establishing a plan for de- velopment and use of the park. He noted the public hearings before the Zoning Commission and the City Commission will be upcoming shortly. He noted, however, that that process has no ef- fect on this zone code amendment. I Commissioner Martel stated he does not feel this ordinance should be adopted at this time because the linear park has not yet been established. He then stated he feels this item should be tabled unti I after that process has been completed. City Manager Wysocki stated that the linear park has been designated through purchase of the railroad right-of-way through the Parkland Trust Fund. He then stated that action on the conditional use permit is not tied to the zone code amendment and, therefore, should not be a part of these del iberations. Commissioner Vant Hull noted that the Commission has followed the appropriate zone code amendment process to this point and stated she feels the Commissioners should adopt the ordi- nance to complete that process. 09-28-87 41C Mayor Mathre stated she feels that the wording in Section B is still confusing and sug- gested that it be revised to a positive approach by deleting the initial phrase and one in the middle of the sentence. The Commissioners and staff concurred with the proposed change. It was moved by Commissioner Martel that action on this ordinance be tabled until after the Conditional Use Permit requested by the Recreation Advisory Board for the linear park has gone through the public hearing and decision-making process. The motion failed for lack of a second. I Commissioner Jordan noted that the 8-foot height limitations on hedges has been on the books for years and asked if it is going to be enforced. He noted there are instances around town where the hedges encroach into the sight triangles at intersections, creating hazardous sit- uations. City Manager Wysocki stated that the staff recognizes the liability aspect of hedges and vegetation which encroach upon the sight triangle at an intersection. He noted that the staff has begun to require that those encroachments be trimmed as necessary to alleviate those situ- ations. Commissioner Martel asked how a denial of the conditional use permit might affect this zone code amendment. The City Manager indicated that a linear park is permitted as a conditional use in the various zoning districts which this linear park traverses. He noted that the item coming before the Commission under the conditional use permit is a plan for development and use, not for desig- nation as a linear park. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1244, amending Section 18.50.150 of the Bozeman Muni- cipal Code, as revised, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Authorize absence of Commissioner Vant Hull - meeting of October 5, 1987 I It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the absence of Commissioner Vant Hull from the regular meeting of October 5, 1987, be authorized in compli- ance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commis- sioner Vant Hull and Mayor Mathre; those voting No, none. Ordinance No. 1245 - Adopting by reference the CABO One and Two Family Dwelling Code, 1983 Edition with the 1984 amendments City Manager presented Ordinance No. 1245, as prepared by the City Attorney, entitled: ORDINANCE NO. 1245 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ADOPTING BY REFERENCE THE CABO ONE & TWO FAMILY DWELLING CODE, 1983 EDITION WITH THE 1984 AMENDMENTS. The City Manager recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. In response to a question, Building Official Glen Edsall stated that "CABO" stands for "Council of American Building Officials." It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion provisionally adopt Ordinance No. 1245, adopting the CABO One and Two Family Dwelling Code, 1983 Edition with the 1984 amendments, by reference, and that it be brought back in two I weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Ordinance No. 1246 - Adopting by reference the Model Energy Code, 1983 Edition City Manager presented Ordinance No. 1246, as prepared by the City Attorney, entitled: ORD I NANCE NO. 1246 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ADOPTING BY REFERENCE THE MODEL ENERGY CODE, 1983 EDITION. 09-28-87 417 The City Manager recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1246, adopting the Model Energy Code, 1983 Edition, by reference, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner I Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Ordinance No. 1247 - Adopting by reference Part II of the Uniform Federal Accessibility Stan- dards City Manager presented Ordinance No. 1247, as prepared by the City Attorney, entitled: ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ADOPTING BY REFERENCE PART" OF THE UNIFORM FEDERAL ACCESS- IBILITY STANDARDS AS REQUIRED BY SECTION 50-60-201(4) M.C.A. The City Manager recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. Commissioner Martel asked why these codes are being adopted at this time, particularly when this one is two years old. City Attorney Becker stated that the Department of Commerce had originally determined that the City had adopted these codes when it adopted the Uniform Building Code. He noted they have recently determined that the City should consciously adopt these codes by separate action. Commissioner Stiff noted that federal accessibility standards have been followed in re- viewing plans for new structures recently. Building Official Edsall stated that the three codes before the Commission have been fol- lowed although they have not been individually adopted by the City. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1247, adopting Part II of the Uniform Federal Accessi- bility Standards, by reference, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. . Commission Resolution No. 2674 - assessing delinquent snow removal bills for Fiscal Year 1987 City Manager presented Commission Resolution No. 2674, as reviewed by the City Attor- ney, entitled: RESOLUTION NO. 2674 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. The City Manager noted that the delinquent snow removal bills contained in this resolution total $1,680.37. He then recommended that the Commission provisionally adopt the resolution and set the public hearing date for October 19, 1987. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- I sion provisionally adopt Commission Resolution No. 2674, assessing the delinquent snow removal bills for Fiscal Year 1987, and set the public hearing date for October 19, 1987. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. Commission Resolution No. 2679 - authorize Mayor to execute subordination agreement for Rick Blevins and Sid Kurland City Manager presented Resolution No. 2679, as prepared by the City Attorney, entitled: 09-28-87 41G RESOLUTION NO. 2679 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT FOR RICK BLEVINS AND SID KURLAND. The City Manager recommended that the Commission adopt this resolution, noting that such action will allow the applicants to refinance their loan. Commissioner Stiff noted that subordination places the City in second position; and sev- I eral of these requests have come before the Commission recently. He then suggested the Com- mission may wish to establish a policy for reviewing these requests in the future. He a I so questioned whether approval of these subordination agreements reflects good stewardship of the City's money. City Attorney Becker stated this is one of those loans which will be forgiven after a specified time. He stated only one of those previously approved was a loan which must be re- paid; and the remainder will also be forgiven after a specified period of time if the owners meet the guidelines of the Community Development Block Grant program. Commissioner Vant Hull noted that the monies involved are from the Community Develop- ment Block Grant and are not the City's monies; therefore, approval of this subordination agree- ment does not impact the City's finances. City Attorney Becker stated that if the Commission wishes to address the question of sub- ordination, it should do so when the loan is made, rather than at this point. He noted that if the Commission does not approve this subordination agreement, the applicants cannot receive the bank financing for which they have applied. City Manager Wysocki indicated the staff can talk to other communities to see how they handle subordination requests. He noted that through the use of CDBG monies, individuals are able to upgrade their housing; and this could allow them to qualify for better financing. Commissioner Martel asked what is to prevent someone from obtaining a grant, with it be- ing forgiven after a specified period, then borrowing as much as possible against the home and placing the City in second position. The Commissioner noted in that situation, if the individual I defaults, the City will have no chance of recovering the loaned monies. City Attorney Becker stated that he knows the amount of the loan to which the loan through the City is being subordinated; and if any additional monies are to be borrowed against the home, a new subordination agreement must be requested. He then stated that, as long as the refinancing is being done for the right reasons, no problems will be incurred. The Commissioners concurred that they would like to know how other communities handle these requests and asked the City Manager to research the matter. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion adopt Commission Resolution No. 2679, authorizing the Mayor to execute a subordination agree- ment for Rick Blevins and Sid Kurland. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. Designation of Heritage Day City Manager Wysocki reminded the Commissioners that during the last legislative session, the State Legislature adopted a bill which combines Lincoln's and Washington's Birthdays, with them being observed on the third Monday of February; and further establishes Heritage Day, with the date for observance being determined by the local governing body. The City Manager indicated that the State has determined that its employees will observe Heritage Day on the day following Thanksgiving; and the City of Missoula has followed suit. He then stated that one of the City's bargaining units has already exchanged Heritage Day for the day after Thanksgiving, I giving them a four-day weekend. The City Manager then suggested that the Commission may wish to consider designating either the day after Thanksgiving or Good Friday as Heritage Day. He noted that the day after Thanksgiving would follow the trend which the State has established, and would give employees a four-day weekend. He noted, however, that November is the month in which assessments are collected; and at the present time, the State General Election Day is a holiday every other year; and Veteran's Day and Thanksgiving Day are holidays each year. He stated this would create a fourth holiday in that month in some years, on one of the last assessment collection days. The 09-28-87 419 . City Manager then recommended that the day after Thanksgiving be designated as Heritage Day, recognizing that if this does not appear to work, it can be changed. Commissioner Vant Hull asked if any input has been obtained from City employees. City Manager Wysocki stated that he has discussed the designation of Heritage Day with most of those employees not represented by a bargaining unit; and the majority supports his recommendation. I It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission designate the Friday after Thanksgiving as Heritage Day for the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. ate to the N LC Con ress of Cities to be held in Las Vegas, Nevada, on Mayor Mathre noted that the deadline for designating a voting delegate to the National League of Cities Congress of Cities is October 10, 1987. She then asked if anyone is interested in attending the meeting, which is to be held in Las Vegas, Nevada, on December 12 through 16, 1987." Commissioner Martel was the only Commissioner indicating any interest in attending the conference, noting that he must review the program again before making any commitment. Commissioner Vant Hull asked City Manager Wysocki if he would be interested in attend- ing; and he stated he would also need to review the program before making that determination. Mayor Mathre requested that this item be placed on next week's agenda for further con- sideration. Services for Economic erin and ssoclates I City Manager Wysocki reminded the Commission that Commissioner Stiff had requested this item be removed from the Consent Items. He then distributed to the Commission a memo from Director of Public Service Dick Holmes dated July 27, 1987, requesting authorization to proceed with retaining a consulting engineer to review the lift station. The City Manager stated that he authorized the staff to seek proposals; and that process has been completed, with the staff recom- mending that Kerin and Associates be retained for this project. He indicated that this study will reveal whether a gravity flow line can be utilized or if a new lift station should be installed. He noted that at the present time, the City staff spends considerable time cleaning items, including folding cl;1airs, washclothes and towels, and grease, out of the sanitary sewer line; and the prob- lem should be corrected. Commissioner Stiff asked if screening could be done to avoid some of the problems. He also asked if there is any way to keep people from lifting the manhole covers and dumping items into the sewer system. Commissioner Vant Hull suggested the City may need to change the sewer rate structure for motels. The City Manager noted that the staff is not sure that the motels are creating the prob- lems being incurred. He then reminded the' Commission that any rate change will affect all motels with the city. Commissioner Martel asked if this study will result in a design to correct the problems. The City Manager stated that the consulting engineer is to determine whether gravity flow is a viable alternative, whether the size of the lines needs to be increased, and a preliminary I cost estimate. Commissioner Jordan questioned where the grease from the restaurant located in that area is going. He noted that if it is being dumped into the sanitary sewer system without being prop- erly pretreated, it could be creating some of the problems. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission aiJthorize the City Manager to sign the agreement with Kerin and Associates for profes- sional engineering services for analysis of the sanitary sewer lift station located on Wheat Drive. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. , 09-28-87 420 Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of a memo from Director of Public Service Dick Holmes to City Engineer Forbes regarding the recent EPA inspection of the City's Waste Water Treatment Plant. The City Manager noted that the EPA determined that there is a failure in the infiltration beds; therefore, the City is eligible to apply for a grant to complete the necessary modifications. He further in- I dicated that he will request that value engineering be completed on the modifications to determine that the most economical and acceptable method is being utilized. (2) The City Manager stated the City employees have just repaired a leak in a water line on South Willson Avenue, south of West Dickerson Street. He stated the leak appears to be an old one, which was leaking about 150 gallons per minute. He indicated the leak was in an old sprinkler system which was probably used for sprinkling of the boulevards and has not been used for years. (3) Commissioner Vant Hull stated she has read through the pamphlet from the Bonne- ville Power Administration concerning indoor radon and suggested other Commissioners may be interested in reviewing it. She indicated she will put it back on the file by the mailboxes. (4) Commissioner Jordan noted that the contractor has begun work on milling and over- laying on South 8th Avenue. (5) Commissioner Martel noted the Commissioners have received copies of the year-end budget report. He then suggested this item be placed on the agenda for review within the next week or two, since he has several questions. Mayor Mathre suggested that the Commissioners contact the Director of Finance individ- ually with their questions. She noted that if problems or concerns still exist after such a meeting, this item could then be placed on the agenda for discussion. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. I Proclamation - "Fire Prevention Week 1987" - October 4-10, 1987 Authorize City Manaqer to siqn - Annexation Agreement for the Saccoccia Annexation (1 ract 1 cas No. 1215, located at southeast corner of intersection of Baxter Lane and North 19th Avenue extended) It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Consent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 3:29 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those vot- ing No, none. JUDITH A. MATHRE, Mayor ATTEST: I Clerk of the Commission 09-28-87