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HomeMy WebLinkAbout1999-10-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 4, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 4, 1999, at 3:00 p.m. Present were Mayor . Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe 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 discussion. Minutes - ADril 5. ADril 19. April 26. June 21. Julv 6. Julv 19. AU9ust 2. August 16. Sectember 7. SeDtember 13. Sectember 20 and Sectember 27. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meeting of September 13, 1999, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of April 5, April 19, April 26, June 21, July 6, July 19, August 2, August 16, September 7, September 20 and . September 27. 1999 to a later date. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Copy of a letter to the editor regarding recycling opportunities in the community, as submitted by Kay Woods, 425 Ice Pond Road. Commissioner Rudberg stated that, because of her concerns about opportunities for recycling, particularly glass, she has asked Bill Wilke at the Bozeman Daily Chronicle to do an educational article on the opportunities available in Bozeman. (2) Letter of resignation from the Design Review Board, submitted by Mara-Gai Katz, . dated September 30. (3) Notice that the County Commission will not hold a public meeting this week. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 5, in the Commission Room. (5 ) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 5, in the Commission Room. 1 0-04-99 ~ - --- -.---.----..----- - 2 - (6) City Manager Johnson submitted his weekly report, as follows. (1) Attended the Chamber of Commerce retreat last Wednesday and Thursday, noting he found the best presentations were given by those who live in Bozeman. (2) Stated that on Friday, he met with several different developers who are trying to bring their projects to a close, many of which involve signalization and access onto North 19th Avenue. (7) Assistant City Manager Brey identified two items of interest from the League of Cities and Towns Convention. He noted that last spring, the League polled its membership about the Main Street program, to assist smaller communities in promoting their main streets. . He noted that the League's first attempt did not receive much support because of the amount of CTEP funds being sought; and the League plans to seek support once again with a lowered amount of support from cities and towns and some monies from another source. The second item is the League's plan to fill the office position left open with a retirement this spring. He noted that when this position was discussed, representatives from various communities around the state told of problems in filling various positions in their own organizations. (8) City Attorney Luwe asked that the Commission authorize the Clerk to advertise for the Fire Board of Appeals, which has been created but not filled; the Commission concurred. (9) Responding to Commissioner Frost, City Manager Johnson stated that significant confusion has resulted from the new billing format for the water and sewer bill, and concerns have also resulted from the increases in the water and sewer rates and the addition of garbage collection. He noted that those who did not respond to the two letters sent out regarding garbage collection were surprised to find those fees added to their bills. (10) Commissioner Frost noted that on Friday, he enjoyed watching his sidewalk being poured. (11 ) Commissioner Rudberg asked for an update on the Bozeman Solvent Site; City Attorney Luwe responded he will schedule an update in November. e ( 12) Mayor Youngman submitted the following. (1) Noted that conversion to automated garbage collection is causing some confusion in her neighborhood. (2) Attended the launch event at the Senior Center for the mill levy. (3) Stated that during the League of Cities and Towns Convention, she met the Mayors and City Managers from most of the larger communities as well as some of the smaller communities. She noted that she will be attending the upcoming meeting of City Managers, which will probably be held in November. (4) Noted that several Croatian Mayors and municipal leaders will be in attendance at next week's Commission meeting, which has been expanded to include a special meeting so the Commission can make decisions. She suggested that the Commissioners consider an informal setting to visit with them at next week's meeting, so they feel more a part of the meeting. She noted that the Croatians will also shadow various staff members next week. (14) Commissioner Smiley submitted the following. (1) Stated her interest in seeing staff's response to the letter from the Methodist Church regarding sewer charges. (2) Questioned how staff might respond to Mr. Olsen's letter, since it is written to the Department of Revenue. (3) Noted that the e-mail messages regarding the mill levies in the "donut" area were helpful. (4) Noted that five different meetings and activities are scheduled for 7:00 p.m. tomorrow night, including the City Planning Board meeting. (5) Stated she attended a meeting of the safety coalition, which is working on ensuring the proper use of child safety seats. (15) Commissioner Rudberg submitted the following. (1) Stated she has talked to City - Manager Johnson about publishing articles in the Exponent and the Hawk Tawk when those issues involve, or are of interest to, young people, since many of them probably do not read the Bozeman Dai/y Chronic/e. (2) Suggested that City employees be featured more in the People in Business column in the Sunday editions of the Bozeman Daily Chronicle, particularly for new appointments, promotions and certifications. (3) Noted that she attended the Firemen's Breakfast today. (4) Stated her appreciation for seeing the article in the SWMBIA Newsletter asking that the Fire Department be notified of buildings to be torn down, so they can possibly be used for fire training. (5) Expressed concern about the safety of the inmates at the Gallatin County Detention Center, particularly in light of the recent fire in the Butte/Silver 1 0-04-99 ._.__._n .n___ ____. __... __n __._..____ - 3 - Bow Detention Center. (6) Stated her appreciation for the minutes for the last City Planning Board meeting. ( 16) Responding to City Manager Johnson, a majority of the Commissioners indicated an interest in discussing the detention center at the upcoming joint meeting with the County Commissioners. ( 17) Responding to Commissioner Rudberg, Planning Director Epple stated that questionnaires for the master plan update have been mailed out, and staff is preparing for the kick-off event scheduled for November 9. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledae receipt of staff reDort - reauest from James W. and Joanne B. Kack to annex 1.5 acres described as Tract C of an unnumbered survev Dlat on Paae 492 in Book 135 of Deeds in the SE % , SE % . Section 31. T1 S. R6E, MPM (871 Bridger Drive) Commission Resolution No. 3320 - intent to 1.5 acres described as Tract C of an unnumbered survey plat on Page 492 in Book 135 of Deeds in the SE%. SE%. Section 31, T1S, R6E. MPM (871 Bridger Drive); set Dublic hearina for November 1. 1999 COMMISSION RESOLUTION NO. 3320 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, e THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3321 - levving and assessing SID No. 664 (Davina of West Beall Street between North 23rd Avenue and North 25th Avenue); set Dublic hearing for October 18. 1999 COMMISSION RESOLUTION NO. 3321 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 664 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664. Commission Resolution No. 3322 - levvina and assessina 51D No. 665 e (Northwest Waterline); set Dublic hearing for October 18. 1999 COMMISSION RESOLUTION NO. 3322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 6651N THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665. 10-04-99 - 4 - Commission Resolution No. 3323 - levying and assessing IightinQ district assessments for Fiscal Year 2000: set Dublic hearing for October 18. ~ COMMISSION RESOLUTION NO. 3323 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE . DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3324 - levYing and assessing delinauent aarbage assessments for Fiscal Year 1999: set Dublic hearina for October 18. 1999 COMMISSION RESOLUTION NO. 3324 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3325 ~ levYina and assessing delinauent sewer charges for Fiscal Year 1999: set Dublic hearing for October 18. 1999 COMMISSION RESOLUTION NO. 3325 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON e CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3326 - levying and assessing delinauent sidewalk reDair charges for Fiscal Year 1999: set DubUc hearing for October 18. 1999 COMMISSION RESOLUTION NO. 3326 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3327 - levYing and assessing delinauent weed mowing charges for Fiscal Year 1999: set DubUc hearing for October 18. e 1999 COMMISSION RESOLUTION NO. 3327 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA CODE ANNOTATED, AND CHAPTER 8.36 OFTHE BOZEMAN MUNICIPAL CODE. 10-04-99 -.--------- -..-..------ - 5 - Award bid for rear load aarbaae truck - Schedule I (truck) to Billings Truck Center in the bid amount of $86.249: Schedule II (Dacker) to Ameri-Tech EauiDment ComDanv in the bid amount of $54.763 (for a total of $141.012) Proclamation - "GalaVan Dav" - October 4. 1999 Commission Resolution No. 3328 - intent to annex 134.24 acres described as the eastern 765 + feet of Tract 1. COS No. 2050. Minor Subdivision No. . 145A. a tract of land on Film 12. Page 1129. and Tract 2 of COS No. 2050 (west of The Gallatin Center. east of Davis Lane. south of Vallev Center Road): set Dublic hearing for November 1. 1999 COMMISSION RESOLUTION NO. 3328 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Award bid - Renovations at Senior Center - Edsall Construction Co.. Bozeman. Montana - in the bid amount of $110.100.00 Authorize City Manager to sign - Riaht-of-Wav Agreement between Garv A. Boaar and Wilma F. Bogar - across Dortion of Lot 1. Block A. Graf's First Rearrangement of Block 6 of Kirk's Second Subdivision (at intersection of Durston Road and North 19th Avenue) . Authorize City Manaaer to sian - Public Street and Utilitv Easement from Gary A. Boaar and Wilma F. Boaar - across portion of Lot 1. Block A. Graf's First Rearranaement of Block 6 of Kirk's Second Subdivision (at intersection of Durston Road and North 19th Avenue) ExemDtion from subdivision review - relocation of common boundaries between Tract A (Lots 6. 7. 8 and 9. Block 12. McAdow Addition) and Tract B (which encompasses five unDlatted lots) (along south side of East Mendenhall Street. west of Broadwav Avenue) Authorize City Manager to sign - Agreement with Montana Rail Link for PiDeline Riaht-of-Wav to allow installation of 16-inch water DiDeline (Permit No. 600.640) Authorize City Manager to sign - Release and Reconvevance of Easements to Cape-France Entemrises - west 15 feet of 50-foot-wide street and utility easement (old North 19th Avenue alianment) Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the . Commission approve the Consent Items as listed, 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 Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. 10-04-99 ..-. .- .----. -- - 6 - Work session - (A) Discussion re allow in a the Humane Society to issue Det licenses; (B) Discussion re wheel boot oroaram; (C) Discussion re staffing of the window at the Law and Justice Center; (D) Discussion re review of iob descriDtions for Commission emplovees; and (E) Discussion re revisina the Clerk's evaluation form (A) Discussion re allowing the Humane Society to issue pet licenses City Manager Johnson noted that when people pick up animals from the Humane Society, they may not realize that they need to purchase a license at City Hall. He stated that, . even if they are told they need to do so, they may not realize it because they do receive a collar with a tag when the animal leaves the shelter. Mayor Youngman stated that the staff at the Humane Society is interested in issuing pet licenses for the City. Assistant City Manager Brey cautioned that one issue which complicates the process is the City's requirement for a current proof of rabies vaccination and proof of spay or neuter. He recognized there may be some way to address this so that licenses can be issued through the Humane Society. The Commissioners recognized that animals do not leave the shelter without first being spayed or neutered, and suggested that some mechanism for vaccinating for rabies could be implemented, with the adoption fee possibly being raised slightly to accommodate the costs of that vaccination. Commissioner Rudberg suggested that having the Humane Society issue pet licenses could help to close a loop that currently exists and make the community safer by ensuring that animals have been vaccinated for rabies. Responding to Commissioner Frost, City Attorney Luwe stated that under the City's e current ordinance, the Humane Society has the authority to spay or neuter the second time an at large animal is brought to the shelter, although the City Judge has issued a stay on doing so in at least one instance. Commissioner Rudberg requested that the information brochure on animal licenses be issued with each license issued, and that it be revised to include a prominent display of the fines for various citations. Mayor Youngman noted that, during this discussion, the Commissioners have indicated concurrence with the comments made pertaining to licensing, spaying and neutering, and modification and distribution of the information brochure. She then asked if any ordinance changes are needed, or if this is an administrative issue; the City Attorney responded that it is an administrative issue. Assistant City Manager Brey noted that the agreement between the City and the Humane Society may need some slight modifications to accommodate the issuance of pet licenses. Mayor Youngman indicated a willingness to talk to the Humane Society about this issue, giving them a copy of the minutes from this discussion so they have an opportunity to react to this proposal. e (B) Discussion re wheel boot program Assistant City Manager Ron Brey stated that neither he nor Staff Attorney Patricia Day- Moore has had an opportunity to work on this issue for at least two years, although it is still a live project for both of them. He noted that the first change to be made is a conversion from criminal to civil action, and the second step is to identify the threshold at which the wheel boot is to be used. He noted many communities that have implemented the wheel boot program have set ten citations as the trigger point, and cautioned that this may give people a feeling that they "are on scholarship" until they reach that point. He noted that a review of the City's 1 0-04-99 - 7 - outstanding parking citations as of today revealed there are 266 vehicles with five or more citations, 69 vehicles with 10 or more, and 40 vehicles with 12 or more. He cautioned that a wheel boot immobilizes a vehicle, and its use must not be taken lightly because of the significantly negative impacts it may have on the driver. He also stressed that the City's record keeping must be immaculate, and care must be taken to ensure that the immobilized vehicle does not fall prey to vandalism. He noted that three years ago, private tow truck operators were not interested in operating secured impound yards; however, it appears there may be some interest in doing so at this time. City Attorney Luwe stated that one of the concerns about the wheel boot program is . that it applies to the car. He noted that, whether the action is criminal, civil or the boot, the owner of the vehicle is ultimately responsible. He then stressed that the wheel boot program will not eliminate the parking enforcement program; rather, it is another mechanism of enforcement, particularly for the more serious offenders. Commissioner Smiley noted that the Parking Commission discussed the possibility of purchasing a couple wheel boots to put on vehicles on the streets where they would be readily visible, to see how those with outstanding tickets might react. City Attorney Luwe cautioned that if the City does not enforce its regulations, word gets around; but if it does enforce the regulations, people are more likely to pay their fines. He then noted that if the wheel boot program is implemented, the City must be careful to completely inventory any cars taken to a secured impound lot, which will create some additional costs of enforcement. Responding to Commissioner Rudberg, Assistant City Manager Brey stated that the other programs he has reviewed include a provision that the vehicle will be taken to an impound lot if not redeemed within 48 hours to ensure that its security, rather than leaving it immobilized on the street. Commissioner Rudberg stated she is surprised by the fact that there are 3,326 parking . citations outstanding, with 266 vehicles having five or more citations. She then noted that once the higher number of citations have been addressed, the wheel boot could be used to address a lower number of citations, and the ending result should be the payment of a higher percentage of citations. She also indicated that flagrant violations, such as outstanding citations on a variety of vehicles, should result in the booting of a vehicle. Mayor Youngman asked for a staff recommendation on whether the wheel boot program is worth the additional resources. Assistant City Manager stated that, based on four-year-old information, a wheel boot costs $350 to $375. City Manager Johnson stated that, to ensure the security of the vehicles, either a building or 24-hour security is needed since a fence only serves as a barrier and does not stop people from gaining access to the yard and stripping parts. City Attorney Luwe noted that a portion of the outstanding citations cannot be enforced because some portion of them was improperly written, and will need to be dismissed if they remain unpaid. He then indicated that if the Commission wishes, he can move this enforcement program up on the priority list for his office. . Responding to Commissioner Frost, Assistant City Manager stated that the Commission may establish administrative costs and recover the costs it incurs in the wheel boot program. He noted the whole premise of the parking program is to turn over the parking spaces and to ensure compliance with the regulations. Following discussion, the Commissioners concurred with the priority level currently assigned to this project. They also encouraged the staff to review the information from other communities already using this program, rather than "reinventing the wheel". 1 0-04-99 - 8 - (C) Discussion ra staffing of the window at the Law and Justice Center City Manager Johnson stated that, through the Police Department budget, the City has funded two additional staff people for the window at the Law and Justice Center, and the County has agreed to fund its staff people through its Sheriff's Department budget. He cautioned that having four people assigned to manning the window will not guarantee that it will be open 24 hours a day 7 days a week, but it will be open a majority of the time. He noted that the County is working on relocating the call buttons to the sidewalk and installing new signs on South 19th Avenue. . (D) Discussion re review of job descriptions for Commission employees Mayor Youngman noted that the Commissioners have just received a copy of the Clerk of the Commission's job description and the City Manager is in the process of preparing his. She noted that the last time job descriptions were written, the Mayor responded on behalf of the Commission and asked if that same process is to be used this time, or if all of the Commissioners wish to participate. Responding to the Mayor, Personnel Director Pattie Berg stated that the job descriptions are to be mailed to the consultant on October 15. Responding to Commissioner Rudberg, Personnel Director Berg stated that the form which the Commissioners have before them, which will include the Commissioners' additional comments, is the document upon which the consultant will develop new class titles and job descriptions for the City. She noted that the consultant will then meet with all employees and supervisors in late October. Responding to Commissioner Rudberg, Mayor Youngman confirmed that she will compile any input she receives and work with the City Manager and Clerk of the Commission, submitting the requested responses prior to the October 15 deadline. . Responding to additional questions from Commissioner Rudberg, Mayor Youngman stated this new job description will serve as the basis for the new employee evaluation form, with the principal functions to become the key items in the evaluation. Personnel Director Berg stressed that the evaluation is based on the ability to perform the essential functions. Assistant City Manager Brey stated that this process is simply an update of existing position descriptions. He noted that current evaluations must be based on past performance directives and existing position descriptions, and future evaluations will be based on the new position descriptions. Responding to comments from the Commissioners, Personnel Director Berg noted the information before them is a work sheet that will be turned in to the consultant for preparation of a job description similar to what the Commission has previously seen. She indicated that once the job descriptions have been completed, an evaluation form will be developed and supervisors will be trained. She noted that when the Commission provides its input, it will be in addition to what the employee has provided, with no changes being made to what the employee has submitted. . Commission Rudberg noted the problem is that the Commission supervises people that it sees only once a week, and that creates problems for both reviewing a job description and conducting a performance evaluation. She also noted that the Commission does not necessarily know why a task is not completed on time, particularly if other departments are involved. Personnel Director Pattie Berg responded that supervisors should sit down with their employees and identify what is expected during the upcoming year. She noted that at that time, an employee may identify those items over which he or she has no control, so the 10-04-99 -------- - ------ - 9 - supervisor is aware of the issues prior to conducting the evaluation. She then suggested that using a 360-degree evaluation may assist the Commission in evaluating its employees. Following discussion about the job description, the Commissioners concurred that their comments should be submitted to the Mayor by next Monday, so they can be incorporated into the supervisor response. (E) Discussion re revising the Clerk's evaluation form . Mayor Youngman suggested that this discussion be delayed until after the job description has been completed. Responding to comments from City Manager Johnson, Personnel Director Pattie Berg stated it is important to sit down with the employee at the beginning of the year to identify the criteria for the next evaluation, stressing that flexibility from year to year is important. Commissioner Rudberg once again voiced her frustration over not knowing what the Clerk of the Commission does, how her office interfaces with others in the organization, or how her work impacts other departments and the total City government. City Manager Johnson suggested that a work session on the 360-degree evaluation process would be beneficial. He cautioned that care must be taken in using that process to ensure that an accurate picture is being portrayed and that another individual's shortcomings are not being overlayed onto the person being evaluated. The Commission concluded by recognizing that revision of the evaluation tool must be delayed until after the job description has been completed. Recess - 5:10 D.m. . Mayor Youngman declared a recess at 5:10 p.m., to reconvene at 7:00 p.m" for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Continued public hearina - variance from Section 18.50.060.0. BMC. to allow for construction of duplex unit which encroaches UD to 10 feet into required 35-foot watercourse setback on Lot 5. Block 7. Thompson Addition NO.4 - JoseDh F. and Brenda V. Woodham for 118 Hoffman Street (C-9919) This was the time and place set for the continued public hearing on the variance from Section 18.50.060.0. of the Bozeman Municipal Code, as requested by Joseph F. and Brenda v. Woodham under Application No. C-9919, to allow for construction of a duplex unit which encroaches up to 10 feet into the required 35-foot watercourse setback on Lot 5, Block 7, Thompson Addition No.4. The subject property is more commonly known as 118 Hoffman . Street. Distributed just prior to the Commission meeting was a letter from J. Fred and Brenda Woodham, dated October 1, 1999, indicating that this project has been redesigned to eliminate the need for the requested variance and withdrawing this application. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission acknowledge receipt of the letter of withdrawal as submitted by the applicants. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 10-04-99 ----- ,.---. ------ ._n. ......._ _. - 10 - Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearing - variances from Sections 18.50.160. 18.12.050 and 18.50.070. BMC. to allow excansion of nonconforming structures which encroach into the side yard and front yard setbacks on crocertv located in the SW%. Section 13. T2S. R5E. MPM and to allow a 7-foot-6- inch fence - Horus and Susan Brailsford. 1510 West Lincoln Street (C-992Q) This was the time and place set for the public hearing on the variances from Sections . 18.50.160, 18.12.050 and 18.50.070 of the Bozeman Municipal Code, as requested by Horus and Susan Brailsford under Application No. C-9920, to allow the expansion of non-conforming structures which currently encroach 15 feet into the 25-foot side yard setback and 10 feet into the required 35-foot front yard setback, and to allow for a 7-foot-6-inch high fence in the front yard setback on property located in the Southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 1510 West Lincoln Street. Mayor Youngman opened the public hearing. Associate Planner John Sherman presented the staff report. He stated the applicants are proposing some renovations and some additions to the existing house, including a second floor dormer to the west elevation, a covered front porch, a bay window with a second floor balcony to the north elevation, and a pantry and dining room to the south elevation, and an addition to and remodeling of the existing shed to convert it to an exercise/recreation room. He stated the applicant is also proposing the construction of a 7-foot-6-inch high fence in the front yard, set back ten feet from the property line. The Associate Planner stated that the subject property is zoned "RS", Residential-- Suburban, and contains the subject single-family residence plus a 24-unit apartment complex and attendant off-street parking. He noted that, due to the unique zoning classification, a e number of variances are needed for these proposed improvements to the house. Associate Planner Sherman stated that, after distribution of the staff report, staff identified an additional condition and revisions to one of the recommended conditions of approval, and distributed a memo dated October 4, containing the new recommended conditions. He stated that conversations with Mr. Brailsford have revealed that the existing shed contains furniture for the house, and that furniture must be moved before the shed can be remodeled. He stated that Mr. Brailsford has also indicated his intent to make improvements to the existing parking lot, including paving and curbing. Associate Planner Sherman stated that staff has reviewed the requested variances against the criteria contained in the zone code, and the staff's comprehensive findings are included in the written staff report. He concluded by forwarding staff's recommendation for approval, subject to three conditions, and reminded the Commission that four affirmative votes are needed for approval. Mr. Horus Brailsford, 1510 West Lincoln Street, applicant, characterized the requested variances as minor. He then indicated his concurrence with the staff report as submitted and stated a willingness to respond to questions. No one was present to speak in opposition to the requested variances. . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the variances from Sections 18.50.160, 18.12.050 and 18.50.070 of the Bozeman Municipal Code, as requested by Horus and Susan Brailsford under Application No. C-9920, to allow the expansion of non-conforming structures which currently encroach 15 feet into the 25-foot side yard setback and 10 feet into the required 35-foot front yard setback, and to allow for a 7-foot-6-inch high fence in the front yard setback on property located in the 10-04-99 - 11 - Southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. The applicant shall submit to the Planning Office a parking lot improvements plan for review and approval prior to the occupancy of the newly constructed portion of the residence. If occupancy of the residence is to occur prior to the completion of all parking lot improvements, the applicant shall enter into an Improvements Agreement and provide a financial guarantee in the amount of 1% times the cost of the . uncompleted improvements. 2. The exercise/recreation room is for the use of the owners of the residence only. 3. The applicant shall obtain all necessary building permits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Adjournment - 7:06 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. e MA~ ~:u~1/::r:;:;r ATTEST: ~~~ R BIN L. SULLIVAN .:.- Clerk of the-Commissioo --'~~ ~ . - - - e 10-04-99