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HomeMy WebLinkAbout1986-09-08 396 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 8; 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room; Municipal Building, September 8, 1986, at 2: 00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes Mayor Mathre noted that the minutes of the regular meeting of September 2, 1986, were distributed to the Commissioners just prior to the meeting. She then asked that the minutes be placed on next week's agenda for action. This was the time and place set for the decision on the emergency zoning along the Mi Iwaukee Railroad right-of-way, Sourdough Trai I and adjacent properties, as requested by the Bozeman City-County Planning Board. City Manager Wysocki reminded the Commission that this proposal would establish an interim zoning along the linear park which would be -effective for six months. He then recommended that the Commission approve the interim zoning to require all development within fifty feet of the linear park to go through the Conditional Use Permit process, as requested by the City-County Planning Board. I Commissioner Stiff noted that the decision on this item was deferred to allow Commissioner Jordan to be present. He further indicated that the Commission has just received the minutes, so Commissioner Jordan has not had an opportunity to properly address the matter. He suggested that action be tabled for a period of one week to allow Commissioner Jordan time for review. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission table action on establishing interim zoning along that portion of the Milwaukee Railroad right of way recently acquired by the City, the Sourdough Trail through the City and within one mile of the city limits, and adjoining properties to require a Conditional Use Permit for any develop- ment, for a period of one week. 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. zonin ordinance for within fift feet City Manager Wysocki presented Ordinance No. 1217, as prepared by the City Attorney, entitled: ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING AN INTERIM ZONING ORDINANCE FOR PROPERTY LYING WITHIN FIFTY FEET OF THE MILWAUKEE RAILROAD LINEAR PARK. City Manager Wysocki recommended that the Commission table action on this item for a I period of one week, based on the above action. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission table action on Ordinance No. 1217 for a period of one week. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. 09-08-86 397 City Manager Wysocki presented Commission Resolution No. 2626, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2626 I 1986 MONTANA CDBG PROGRAM City Manager Wysocki reminded the Commission that they had previously selected the proposal submitted by the Museum of the Rockies for $250,000 in economic development monies through the 1986 Community Development Block Grant program. He then recommended that the Commission adopt the Resolution and authorize the Mayor to sign the necessary documents. Commissioner Jordan stated he still does not feel that the application proposed by the Museum of the Rockies qualifies for the Community Development Block Grant; and he feels it is a disservice to the people for whom the program was developed. He further noted this applica- tion is for a grant, rather than a loan which would generate monies for perpetual use. The Commissioner then stated he will vote against these actions based on those comments. Commissioner Stiff noted that the staff indicated that if at least 95 percent of those benefited by the grant were not low- or moderate-income families, they could not support the application. Commissioner Martel noted that, although much of the monies expended under the existing program are listed as loans, a percentage is actually a grant because they are on deferred loan status for a specified period of time and then forgiven if the individual retains ownership. Mayor Mathre stated she feels this proposal reflects an inappropriate use of program monies; however, the Commission initially selected this application and must follow the process through at this time. She then indicated interest in seeing how the State views the application. I Commissioner Vant Hull stated she supports the comments made by Commissioner Jordan. She also noted that the Commission has selected this application for submittal by the September 12 deadline and must now follow through the process. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2626, authorizing submittal of the $250,000 grant appli- cation in 1986 Community Development Block Grant monies for the Museum of the Rockies; and authorize the Mayor to sign the Statement of Assurances and the Application Summary for said grant application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan. Discussion - letter from Bozeman Housing Coalition dated August 25, 1986, re economic development grants City Manager Wysocki reminded the Commissioners that the letter written by the Bozeman Housing Coalition was submitted under "FYI Items" at last week's meeting. He then suggested that following discussion, the Commission refer this letter to staff for review and consideration. Mayor Mathre asked that a representative of the Bozeman Housing Coalition address the Commission concerning the various items addressed in the letter. Ms. Marcia Youngman stated that the Bozeman Housing Coalition was under the impression that the Museum of the Rockies would not submit its application until the January deadline for economic development applications. She noted the subject letter was aimed at some of the I specific items in that application, but since submittal was approved in the above agenda item, they cannot be addressed at this time. She then suggested that the comments made in this letter be considered during future application periods. She indicated that the Museum could agree to these guidelines if they so desire, but since they are not stipulated in the application, they cannot be enforced if the application is successful. Ms. Youngman then reviewed each of the points listed in that letter as follows. 1. Need will be a hiring criterion. She noted that under this comment, if two equally qualified persons are being considered for a position, the individual with the greatest need 09-08-86 398 should be selected. She stated under the federal guidelines, someone making almost $20,000 per year is given the same consideration as someone making minimum wage or on welfare. Ms. Youngman noted that the Human Resource Development Council does currently screen applicants for Butler Creek in Belgrade as well as King Tool; however, they are following federal guide- lines because more stringent guidelines have not been established for them to follow. Commissioner Martel expressed concern about implementing supplementary guidelines for hiring and monitoring, since the existing guidelines create enough paperwork. I 2. Jobs will be created with education requirements that do not exclude low-income applicants. Ms. Youngman noted that in some instances, although the jobs are listed as low- or moderate-income jobs, the education requirements are too high for those in need of jobs to qualify. She stated that many of the low-income people have minimal educations, which is part of why they are in the low-income category. Commissioner Vant Hull asked if considering work experience in lieu of a degree require- ment would help. Mr. Youngman indicated that might help; and she then suggested that on-the-job training or training programs could also be helpful. 3. Jobs will pay a livable wage. Ms. Youngman stated that the minimum wage is not a livable wage, suggesting that the minimum livable wage is $5.00 per hour, depending upon circumstances. She noted that the lower wages do not get people off welfare or other subSidy programs. 4. Jobs will be provided with the goal of enabling people to get off public assistance programs or reducing the need for welfare programs. This item is linked to the item above. 5. Jobs will be permanent and full-time. Ms. Youngman stated that this item should be monitored to make sure that the positions remain as low- and moderate-income positions as well as being full-time and permanent. 6. There will be good benefits. Marcia Youngman stated that employers should be en- couraged to provide good benefits, although this item probably couldn It be strictly enforced. Commissioner Vant Hull noted that individuals hired under the CDBG program monies couldn't expect greater benefits than those permanently employed in that business; however, I they should not be required to accept lesser benefits, either. 7. A written commitment will be included to continue hiring low-income people. Ms. Youngman stated that she does not feel it would be difficult to monitor this item, although the City has not been involved in this type of program before. She noted that the federal guide- lines do not address monitoring or the length of time the positions must be maintained for low-income people. She further noted that the turnover seems to be high in these positions for a number of reasons. Ms. Youngman stated two other unnumbered comments were made in the letter which she feels should also be considered. She indicated that she feels a monitoring process should be . established, possibly through a small citizens committee, to make sure that hiring meets the standards set. She noted that the Human Resource Development Council would then have someone to report to. Marcia Youngman stated the second point is that use of monies in the Revolving Loan Fund should probably be identified in the near future, since monies are now beginning to collect in that account. She noted the grant application indicates that those monies could be used for any CDBG-eligible project; and she feels that the use should be more specifically defined, after public input has been received. Ms. Youngman then stated that if the Museum application is successful, the program monies paid into the Revolving Loan Fund will go toward that project until the monies have been expended, overriding any City action on the use of those monies. Commissioner Vant Hull noted that point was discussed during review of the proposed applications; and the staff indicated that the period for expending the grant monies for the I Museum of the Rockies project would be so short that it would have little drain on the Revolving Loan Fund. Commissioner Martel expressed concern about the proposed requirements contained in this proposal. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission refer the letter submitted by the Bozeman Housing Coalition, dated August 25, 1986, to staff for review. The motion carried by the following Aye and No vote: those voting Aye being 09-08-86 399 Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Discussion - existing snow removal ordinance City Manager Wysocki stated the Commission had requested that this item be placed on the agenda prior to the enforcement season. He then noted that the Commissioners received I copies of Ordinance No. 1171 in their packets for review. The City Manager then briefly reviewed the administrative steps currently being taken under this Ordinance. He noted that enforcement is carried out by the Department of Public Works, under the Engineering Officer. +Ie stated that, except in business areas, twenty-four hours after the snow has stopped, one or two part-time enforcement persons travel around the community reviewing the sidewalks. At those locations where the sidewalks are not cleared, a doorhanger is left, indicating that the owner or resident has twenty-four hours to clear the sidewalk; and a listing of those addresses is made. After that twenty-four period has elapsed, the enforcement people go back to those locations to see if the sidewal ks have been cleared. If they have not, pictures are taken of the site and an independent contractor is called to clear the walk. The contractor is then given twelve hours to clear the sidewalk; and the costs plus administrative charge are then billed to the property owner. The City Manager noted that by the time the enforcement process has been completed and the snow removed, three days have elapsed from the cessation of the snowfall. He then reminded the Commission that if the bills are not paid, the City may place those charges on the special assessments in November. City Manager Wysocki then reminded the Commission that this Ordinance became effective in March 1985, with one or two snowstorms occurring during the end of that season; and it was enforced during this past winter. Commissioner Jordan stated he has no problem with the existing snow removal ordinance. He noted that the Senior Center as well as other service organizations have set up programs to help elderly clear their sidewalks. He noted that he was hesitant about the original adoption of I this Ordinance; but it is nice to walk on cleared sidewalks during the winter. Mayor Mathre noted that many people have expressed gratitude for the Ordinance and the resultant cleared sidewalks. Commissioner Vant Hull suggested an amendment to the Ordinance, similar to that listed in the garbage assessment resolutions, to allow residents over 65 years of age or with health problems to sign a form giving them special consideration in the enforcement process. She noted that many elderly residents are concerned about their inability to clear their sidewalks in compliance with the Ordinance; and she feels an element of compassion is necessary. City Manager Wysocki stated he feels the proposed amendment would create an administrative nightmare because it contains no guidelines for approval or denial. He noted the administration has incurred that same problem in the applications for lowered garbage assessments because no criteria were established for that exception, either. Commissioner Jordan asked how many outstanding bills there are for snow removal. The City Manager indicated there are close to a hundred, totalling almost $2,700 in delinquencies. Commissioner Martel stated he feels this is a nuisance ordinance. He noted that State Statute places the responsibility for snow removal on the City, with an option for the City to make the property owners responsible. He noted that the City did clear the snow from the side- walks with Jeeps for several years, with a few people complaining about damage to hedges or lawns through that process; and he feels that service should be reinstituted. The Commissioner then stated that the enforcement has been inconsistent, creating several complaints. He also noted that the City sidewalks are not cleared to the bare cement, as required in the Ordinance, I which creates a problem in enforcing the Ordinance for others. He stated he feels that require- ment is too stringent, indicating it is not difficult to walk on one or two inches of snow. The Commissioner then stated that if the Ordinance is retained, it must be enforced uniformly for everyone. Commissioner Jordan noted that at the public hearing on this Ordinance, several people indicated they did not want the City to plow the sidewalks because it left a layer that turned to snowpack or ice. He then stated last year was the first full year of enforcement; and there are some kinks that need to be worked out during this next winter season. 09-08-86 400 City Attorney Crumbaker-Smith stated if the Commission wishes to include an exception as suggested by Commissioner Vant Hull, she will research the matter to determine how it could be done. Commissioner Stiff stated support for the existing Ordinance. He then stated that he feels the elderly and handicapped can make the necessary arrangements to have their sidewalks cleared in accordance with the Ordinance. He indicated that he feels the City should be given more time to address the concerns about enforcement before any changes are made in the Ordinance. I Commissioner Martel noted that those who do not have sidewalks in front of their residences are not affected by this Ordinance, while those with sidewalks are; and everyone uses the sidewalks that are available. He stated he feels that all residents should participate in the costs of sidewalk snow removal so it is equitable. City Manager Wysocki suggested that the Commissioners submit any proposed amendments or concerns about enforcement to him within the next two weeks so they can be reviewed. He indicated that he will submit any proposed changes to the Commission for consideration after the review has been completed. Mayor Mathre noted that the City removes the snow from a portion of the sidewalk along the south side of Kagy Boulevard and suggested that it remove the snow along the entire distance, even though the sidewalk is considered to be along the side yard of the church located at the intersection of South Third Avenue and Kagy Boulevard rather than along the rear yard. The City Manager cautioned the Commission about accommodating a single group, noting the City could possibly assess the actual costs if arrangements were made. Break - 3:35 to 3:45 p.m. Mayor Mathre declared a break from 3:35 p.m. to 3:45 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - existing snow removal ordinance Commissioner Vant Hull suggested that the sidewalk along the south side of Kagy Boulevard I not be cleared, but be declared a bike/cross country skiing path. She noted the sidewalk along the north side of the street could then be cleared for those who wish to walk or jog along Kagy Boulevard during the winter. She requested that the staff consider that option while reviewing the Ordinance. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the Order dismissing the action filed against the Board of Adjustment by Delta Gamma. (2) The City-County Planning Board agenda and staff report for the meeting to be held on Thursday, September 11, 1986. (3) The City Manager reminded the Commissioners that reservations have been made for the League Convention to be held in Butte next week. He asked that if any of the Commissioners want to make any changes, they contact the Clerk of the Commission so that needed changes in reservations can be made. (4) The City Manager reminded the Commissioners of the Interagency Breakfast to be held at the GranTree Inn at 7:00 a.m on Wednesday. (5) The City Manager reminded the Commission of the meeting to be held in the Library Community Room at 7: 00 p.rn. tonight. He noted that the Zoning Commission, City-County Planning Board, City Commission and County Commission are scheduled to discuss methods for streamlining I the subdivision and zoning processes. (6) Commissioner Vant Hull noted that she received a brochure on a series of workshops to be held around the state on hazardous wastes. She then asked if any of the City staff or the Commissioners should consider attending the workshop. City Manager Wysocki indicated that three of the City staff members are attending the workshop being held in Bozeman today. (7) Mayor Mathre noted she received a letter from the National League of Cities con- cerning selection of a delegate to the Congress of Cities. The Mayor asked if any of the 09-08-86 - --------~---- 401 Commissioners are interested in attending the meeting, noting the matter can be discussed on a future agenda. (8) Commissioner Jordan noted that the Commissioners had received a letter from Gordon E. and Janet S. Herwig concerning the problems at the intersection of South Fifth Avenue and West Grant Street. The City Manager indicated that he wi II review that matter. I Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II Applications for Gaming Licenses - Molly Brown, 703 West Babcock Street - one poker table, one video draw poker machine and one electronic keno machine - throu h June 30, 1987 Authorize Ity ana~er to sign - contract ocuments for emergency enerator bUlldin at the Water Treatment Plant - Ronald W. Rice onstruction anagement, nc.- 14,4 5 Building Inspection Division report for August 1986 Claims Approval of loans fur Grant program as recommende Approval 0 addltlona expen Itures or previous y approved CDBG owner- occupied project as recommended by the Loan Review Committee It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed above, and that 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 - 3:55 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 voting I No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 09-08-86