HomeMy WebLinkAbout1997-11-24 Minutes, City Commission
MINUTES OF THE WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 24, 1997
*****************************
. The Commission of the City of Bozeman met in work session and agenda meeting in
the Commission Room, Municipal Building, Monday, November 24, 1997, at 3:00 p.m. Present
were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost,
Commissioner Youngman, City Manager Johnson, Staff Attorney Cooper and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Evaluation of City Manaaer
Mayor Stueck announced that City Manager Johnson has agreed to have his first
evaluation held in open Commission meeting, and the evaluation has been scheduled for this
. time.
The Mayor reviewed the rating system used by the Commissioners in preparing their
written evaluations, which includes outstanding, above average, average, below average and
unsatisfactory. He noted that the Commissioners are asked to provide narrative for any marks
of "outstanding", "below average" or "unsatisfactory".
The Commissioners reviewed the written evaluation, one category at a time. Under
"Organizational Management", Commissioner Frost stated he gave the City Manager a "below
average" rating on his "ability to plan and organize work established by Commission policies".
He suggested that City Manager Johnson may not have a knowledge of the Commission's
policies and the Commission, in fact, seems to be rewriting its policies by its actions rather
than by consciously doing so. He then noted that the former City Manager constantly reminded
. the Commissioners that policies must be consciously rewritten, which the current City Manager
has not done.
Commissioner Rudberg questioned whether that is a City Manager problem or a City
Commission problem.
11-24-97
. -.........-- .----..... .-..
- 2 -
Commissioner Stiff stated he feels that Mr. Johnson knew many of the Commission's
policies before stepping into the City Manager position and that he has done well in this
category.
Under "Fiscal Management", City Manager Johnson stated that the acquisition of new
. software should allow staff to provide better financial data in a more timely manner.
Commissioner Stiff said he has been extremely impressed with the City Manager's
banking background and his "ability to immediately lock into tandem with" Administrative
Services Director Gamradt.
Commissioner Frost stated he was impressed with the way that the new City
Manager stepped into the budgeting process and immediately provided beneficial information
and suggestions.
Under "Physical Plant Management", Commissioner Frost said he did not feel he had
adequate information upon which to evaluate the City Manager's "ability to plan for acquisition
and retirement of equipment". He noted that the City Manager's efforts regarding building
facilities have been, and continue to be, impressive.
. Mayor Stueck forwarded his appreciation for the City Manager stepping into the
middle of the City's attempt to acquire the Chronicle building, even though those efforts were
unsuccessful.
Commissioner Youngman stated that her comments regarding the City Manager's
abilities in this area are reflected in the written evaluation.
Under "Long-Range Planning", Commissioner Youngman said that she did not evaluate
the City Manager on "informs Commission about legislation and other developments in the area
of public policy" because there has not been much activity in this area and, therefore,
evaluation is premature.
Commissioner Frost stated he had given the City Manager a below average mark in
. this area because the Commissioners have received no information, not realizing that there was
no information to be provided.
Commissioner Rudberg said she feels the City Manager has kept the Commission
apprised of how the legislation enacted during the last session may impact the City.
Mayor Stueck stated he rated the City Manager "above average" in this area, not
because of keeping the Commission informed, but because of his contacts in Helena.
11-24-97
------ . .---.--
- 3 -
Commissioner Stiff said he knows of at least three trips the City Manager has made
to Helena on behalf of the City, and he is impressed with the results.
Commissioner Rudberg stated she feels the City Manager keeps the Commission
informed about how its goals are being addressed.
. Commissioner Frost said he does not feel that the Commission is being well informed,
particularly on the primary goals.
City Manager Johnson stated he does not feel that he did a good job of
communicating the Commission's goals to the staff, and he has recently attempted to remedy
that situation.
Mayor Stueck characterized "Personal Attributes" as the City Manager's strongest
area, particularly in light of his easy going, professional nature.
Under "Relationship with Commission", Commissioner Rudberg characterized effective
communication as a two-way street. She also noted that the Commission must give clear
direction, to ensure that he can accurately interpret its direction.
Commissioner Stiff forwarded his appreciation for receiving written status reports,
. stressing the importance of all Commissioners receiving the same information, since that
provides a sound basis upon which to make decisions.
Mayor Stueck noted that the City Manager is sensitive to the minority point of view
on the Commission and often cautions him to be more sensitive.
Under "Relationship with Public", Commissioner Frost stated that, in light of
comments he has heard from the community, the City Manager is an excellent representative
of City government.
Under "Relationship with Employees", Commissioner Frost said he has talked to City
Manager Johnson about an issue brought to his attention, and he is pleased that the City
Manager has taken quick action to address the matter. In response to questions
from
. Commissioner Stiff, Commissioner Frost indicated that the issue involved staff morale and
concerns that they did not feel the new City Manager was providing an adequate buffer
between staff and the Commission.
Commissioner Stiff noted that most of the City's top staff are present at this meeting.
He stated that he has not received any criticism about Commissioners approaching staff.
11-24-97
- 4 -
Commissioner Youngman stated that she, too, has received expressions of concern
from staff members.
Under "Intergovernmental Relations", Mayor Stueck stated he is impressed with the
City Manager's relationship with people in Helena. He then expressed concern about one of
. the comments in this section, which indicates the City's relationship with the County is
deteriorating. He stated that his conversations with two of the County Commissioners indicate
that they are impressed with City Manager Johnson.
Commissioner Youngman said her comments are based on feedback from business
people in the community who have talked to the County Commission. She further noted that
her comments are also substantiated by the documentation which the City has received from
the County, and the manner in which it is written.
Commissioner Stiff stated that his conversations with County Commissioners
regarding the City Manager have been positive. He noted that they appreciate the fact that
City Manager Johnson is easy to work with, and they characterized him as "a breath of fresh
air" .
. Under "Additional comments", Commissioner Frost stated that, while he is the one
who has given "below average" marks in this evaluation, he feels it is also important to
recognize that, overall, his evaluation is above average, which is a good reflection on the new
City Manager. He noted the City Manager's strengths include his innovative ideas, stressing
the importance of taking that approach as the City enters the next century.
Mayor Stueck forwarded his appreciation for City Manager Johnson's efforts to attend
meetings of the various boards and to visit the various City work sites and meet staff.
City Manager Johnson stated his appreciation for the positive comments, noting that
he also appreciates the negative comments because they help him to recognize his weaknesses
and provide direction for improvement. He indicated that most of the senior staff members are
. present, at his invitation, so they can learn about the evaluation process. He noted that side
effects also include furthering the team building effort and having an opportunity to see the
Commission at work. The City Manager stated that, in light of some of the comments
received, he recognizes a need to better communicate the results of his meetings with County
officials.
11-24-97
..- - ... ..--
- 5 -
Responding to Mayor Stueck, City Manager Johnson stated he accepts the
Commission's evaluation.
Mayor Stueck noted that, immediately following the evaluation, the Commission
typically considers an extension of the employment contract and an adjustment in salary. He
. requested that the Commissioners provide their comments to the Clerk of the Commission by
10:00 a.m. on Wednesday, so that information can be compiled and included in the
Commissioners' packets.
Commissioner Youngman left the meeting at 3:40 p.m.
Aaenda MeetinQ - for regular meeting and Dublic hearinas to be held on December 1. 1997
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Johnson briefly reviewed the background information which was
included in the Commissioners' packets.
(4) The Assistant Planning Director gave a brief overview of the requested
. modification, to lift the requirement that the developer pave a 40-foot-long section of West
Mendenhall Street immediately east of the subject property. She stated that, while there is a
60-foot-wide road easement for West Mendenhall Street between the subject property and
Western Drive, it is not dedicated to the public, and the property owner will not allow
improvement of the roadway. She further noted that West Mendenhall Street now extends to
the west, to Michael Grove Avenue, thus providing a secondary access to the subject property.
Responding to Mayor Stueck, the Assistant Planning Director cautioned that the
property between the subject site and Western Drive is located in the County and, therefore,
the City may not have the jurisdictional authority to condemn the property.
Responding to Commissioner Frost, the Assistant Planning Director indicated that the
West Mendenhall Street right-of-way immediately east of Western Drive is paved as a part of
. the parking lot for the apartment complex, and a garage has been constructed along the edge
of the easement.
(6-9) The Assistant Planning Director requested that, if these revised annexation
agreements have not been signed and returned by Wednesday, these agenda items be moved
to the December 1 5 agenda.
11-24-97
..---.-.-.--
--.-------- ,- ---- --", -
--.
- 6 -
(10) City Manager Johnson reminded the Commission that this item was placed
on the agenda at their request. He noted that the regular round
of mid-year budget
amendments will be considered in early or mid-February.
(11 ) The City Manager stated that Associate Planner Chris Saunders will be
. prepared to discuss the issue of impact fees at next week's meeting.
Mayor Stueck suggested that, in light of previous discussions, this agenda item should
be revised to reflect adoption of an ordinance increasing impact fees to 100 percent.
( 1 4b) Commissioner Rudberg stated that the Building Inspection monthly report
and the enrollment in the schools do not reflect the strong growth that it is reported the
community is incurring.
(17) Historic Preservation Planner Strahn provided a brief overview and forwarded
a recommendation for approval of this application.
( 18) Assistant Planner Jody Olsen stated the site upon which the Headstart
school is to be located is 5,225 square feet in size; however, a portion of the public parkland
is to be used for landscaping and a playground area, thus increasing the size of the parcel under
. consideration to 15,223 square feet. She stated that three variances are being requested in
conjunction with this applic
ation, noting that the
Planning Boa rd has forwarded a
recommendation for approval of the application.
Mayor Stueck asked the City Attorney to research whether anyone can build a
structure on public parkland.
The Assistant Planner responded that no structures are proposed; rather, trail and
landscaping improvements, a snow storage area and fenced play area are proposed.
Planning Director Epple stated that the Engineering Department is drafting an
encroachment permit to allow the play area and fence to be constructed, stressing the
importance of recognizing that during non-school hours, the amenities will be available for
. public use.
Responding to Commissioner Rudberg, the Assistant Planner stated the encroachment
permit is to be issued to HRDC, and does not transfer to any new owner of the school site.
Responding to Mayor Stueck, Commissioner Frost confirmed that he will be unable
to vote on this application since he works for HRDC. The
Mayor then reminded the
Commission that four affirmative votes are needed for approval of the variances.
11-24-97
n______._
- 7 -
Work Session - (A) Presentation from Proiect Enaineer Rick Hixson re out-of-state conference;
(B) Discussion re zonina desianations (DarticularlY B-1 and R-4) in the Valley West Annexations;
(C) Discussion re zonina designations (AS and RS) for Manley DroDerty; (D) Discussion re donut
area; (D) Revisions to nuisance ordinance; (F) Presentation of award to Design Review Board -
HPO Derek Strahn
(A) Presentation from Project Engineer Rick Hixson re out-of-state
conference
. Project Engineer Rick Hixson stated that on October 14 through 16, he attended a
conference entitled Upgrading a Sanitary Sewer Maintenance Program at the University of
Wisconsin. He noted that, since the City's updated wastewater facilities plan is just
being
completed, the seminar was timely. He stated that topics at the seminar included inflow and
infiltration in the collection system, which impacts the capacity of the lines and affect the
efficiency and capacity of the wastewater treatment plant. Other sessions
pertained to the
importance of preventive
maintenance, maintenance programs, monitoring
systems,
maintenance of lift stations. He noted that the importance of adequate equipment
and
personnel, providing training for operators and retaining qualified staff were also discussed
during the seminar.
. The Project Engineer stated that techniques for measuring inflow and infiltration,
isolating areas for testing, and analyzing the results of the testing were interesting and timely.
He also noted that various techniques for rehabilitating sewers were discussed, and he gathered
valuable information on new techniques. He stated that on the third day of the conference, a
substantial amount of discussion was devoted to the problems which many communities
encounter in numbering their manholes. He noted that the discussions revealed that, while this
is essentially a universal problem, no one has the magic formula answer.
Project Engineer Hixson stated that, with completion of the wastewater facilities plan
update and initiation of the inflow and infiltration study, Bozeman is moving in the right
direction. He noted that the information he gained at this conference is very timely, and he will
share it with others so that some of the information can be incorporated into the City's
. program. He concluded by stressing the importance of recognizing the wastewater collection
system as the City's single most valuable asset and the importance of providing maintenance
and preventive maintenance for that asset.
Responding to Mayor Stueck, City Engineer Craig Brawner stated that, with
11-24-97
--- .....----.-
.-.-...
- --.
- 8 -
competition and new technology, the cost of sliplining is rapidly decreasing, so it is now a
viable alternative to installing new lines.
The Commission thanked the Project Engineer for his presentation.
(B) Discussion ra zoning designations (particularly B-1 and R-4) in the
Valley West Annexation
. Assistant Planning Director Debbie Arkell reminded the Commissioners that during
discussion of the requested zoning designations in the Valley West Annexation, they directed
staff to prepare a revised amendment under which the "B-1" area is expanded and the
requested "R-3" zoning is changed to "R-4". She further reminded the Commission
that
annexation of the property must be completed and the master plan amendment approved before
the zoning may be changed. She stated that on November 4, the County Commission voted
to approve the master plan amendment.
The Assistant Planning Director stated that she has used different colors to denote
the existing "B-1" and "R-4" zoned properties within city limits. She
noted that most of the
"R-4" zoned areas have been developed, with Arcadia Gardens and Bin Chang's development
. on Remington Way being the only parcels recently developed in that manner and most of the
remaining parcels being developed with single-family homes or duplexes. She stated that she
has also drawn a one-mile diameter circle around each of the B-1 zoned areas, in the
anticipation that those are the service areas.
The Assistant Planning Director reminded the Commission that the "B-1" area
requested was a 3.4-acre parcel at the intersection of Cottonwood Road and West Babcock
Street. She then asked if the Commissioners wish to see the "B-1" zoning at all four corners
of the intersection, with approximately five acres in each quadrant, for a total acreage of 17
to 20 acres in commercial zoning. She noted that most of the other "B-1" zoning
in the
immediate area has been changed to residential zoning designations.
She provided some
comparisons, noting that Kagy Korner contains four acres and the Walker Property PUD
. contains 13.8 acres of "B-1" zoning.
Commissioner Frost forwarded his appreciation for the colored map, suggesting that
using additional colors to identify "B-2" and "B-3" zoning would provide valuable information.
Mayor Stueck noted that, for long-range planning purposes, it appears the School
District may try to obtain a 2D to 3D-acre parcel in the Valley West Annexation for either a
11-24-97
---- - .--..----- --_..._----~------- - --------
- 9 -
middle school or a high school. He then forwarded his support for both the proposed expansion
of the "B-1" zoned area and the change to "R-4" zoning, in light of other possible uses in the
immediate area. Following discussion, the Commissioners indicated general concurrence with
the Mayor's position.
. (C) Discussion re zoning designations (AS and RS) for Manley property
Associate Planner Chris Saunders reminded the Commissioners that during the public
hearing on the zone map amendment for the Manley property, Commissioner Youngman
suggested that the northern portion ofthe property remain in "AS" zoning to ensure protection
of the floodplain portion of the site. The Commission concurred with that suggestion
and
directed the applicant to provide a map and legal description, generally with rectangular
configurations, to reflect approximately the amount of property in the floodplain. He stated
that the applicant has provided a map and legal description and asked for Commission input on
whether the map is acceptable.
The Associate Planner stated that the proposed "AS" boundary generally follows the
1 DO-year floodplain boundary. He noted that staff has recognized the importance of monitoring
. subdivision of the parcel to ensure that the zoning designations do not cross the boundaries of
the lots. If the zoning designations do cross those lines, a subdivision variance may be required
to allow the property to develop at the density allowed by that zone.
Responding to Mayor Stueck, the Associate Planner stated that the northern third of
the Manley property is to be divided between "AS" and "RS" zoning, with the middle third
being rezoned to "R-2" and the southern third being zoned "M-1".
Responding to Commissioner Rudberg, Associate Planner Saunders stated that the
zone code amendment being proposed by Greg Gianforte, pertaining to calculation of densities
in a planned unit development, mayor may not impact development of this property. He noted
that the public hearing before the Planning Board has been continued to December 2, and has
been continued to December 15 before the City Commission.
. Planning Director Epple reminded the Commission that zone code amendments must
be adopted by ordinance before they become effective. He then stated that, if
Mr. Vosti
submits his first set of plans for formal concept plan review prior to the effective date of the
ordinance, his application will be reviewed under the current zone code provisions. He noted,
11-24-97
-.---..-
--. - .- ..--.--.--------.---- ___u__. .______
- 10-
however, that if Mr. Vosti does not submit his plans for formal review prior to the effective
date of the ordinance, the development will be reviewed under the new regulations.
Following discussion, the Commissioners concurred with the zoning map for the "AS"
zoning as submitted by the applicant.
. (D) Discussion re donut area
Planning Director Andy Epple stated that one of the Planning Board's work items for
this year is working with City and County officials to explore alternatives to municipal
extraterritorial zoning in the "donut" area. The Planning Director reminded the Commission that
when there is a joint City-County planning program, a City-County Planning Board with its
membership as set by State statute, and a master plan jointly adopted by the City Commission
and County Commission, then the City may extend its municipal zoning up to three miles
beyond city limits. He noted that the City and County established the City-County Planning
program in 1957 and, in 1972, the City extended its municipal zoning authority to the three-
mile limit. He stressed that the zoning boundary has not been changed since that time, so it
is now substantially less than three miles beyond city limits in many areas.
. The Planning Director reminded the Commission that a significant amount of
frustration and concern has been recently voiced over the fact that people within the "donut"
area or "XT zoning" area are subject to regulations adopted by the City Commission, but they
have no ability to vote on who is seated on the Commission.
He cited the Sourdough
Montessori School as a recent example of that type of situation.
Planning Director Epple stated that the City-County Planning Board recognizes the
importance of addressing the issue of extraterritorial zoning in a logical, well-thought-out
manner and has offered to work with the County Commission. The County Commission has
responded in writing and will meet with the City-County Planning Board members later this
week to begin discussions.
Planning Director Epple
stressed that the State
statutes under which the
. extraterritorial zoning authority is provided are separate from the State statutes under which
the City's building inspection authority is provided. He noted, however, that when the building
inspection authority was extended outside city limits in 1974, the City Commission chose to
extend that authority to the zoning jurisdiction boundary rather than to the 4 % -mile limit
allowed under statute, in an attempt to provide consistency for the development community.
11-24-97
- 11 -
He also stressed that any change in extraterritorial zoning authority will not change or impact
the building inspection authority.
Responding to Mayor Stueck, the Planning Director stated that changes within the
extraterritorial area might be as simple as adoption of a County zoning ordinance, based on the
. City's zone code, or adoption of a City-County zoning ordinance, similar to the manner in which
subdivision regulations and the Bozeman Area Master Plan Update are currently adopted. He
noted that at the present time, there appears to be a strong political interest in the County
assuming responsibility in the extraterritorial area.
Further responding to Mayor Stueck, the Planning Director stated that County
assumption of the building inspection authority in the jurisdictional area would be the subject
of deliberations separate from those undertaken for the zoning authority.
Chief Building Official Neil Poulsen stated that it appears the County Commission is
interested in picking and choosing in which areas of the County it wishes to implement a
building code enforcement program; however, it is his understanding that the County must
implement the program for the entire County or not at all.
. Responding to Mayor Stueck, the Planning Director stated the City-County Planning
Board is interested in ensuring a continuity in the type of land use regulations in place in the
extraterritorial area, and they are willing to assist the City Commission and County Commission
in the transition.
Further responding to the Mayor, the Planning Director stated he believes everyone
is interested in ensuring that conflicts do not develop as a result of any change in authority in
the extraterritorial area. He then noted that in Helena, the City has a planning program
that
extends one mile beyond its city limits, but no extraterritorial zoning authority. He said that,
because of cooperation between the City and the County, problems seem to be minimal.
Commissioner Youngman returned to the meeting at 4:45 p.m.
Responding to questions from Mayor Stueck and Commissioner Stiff, Chief Building
. Official Poulsen stated the County wrote a letter to the City in the 1970s granting the City
permission to exercise its extraterritorial building inspection authority.
Assistant City Manager Ron Brey reminded the Commissioners that a County
Attorney's opinion was issued approximately two years ago indicating that the County may
unilaterally take back zoning jurisdiction in the extraterritorial area. He then noted that this item
11-24-97
-....- ..--.-..---
.... _.n .___ ___m_... _ _ _____
- 12
-
has been placed on the agenda for informal discussion in an effort to determine what the City's
role should be during the transitional period if the County opts to do this.
Mr. Steve White, 3800 Blackwood Road, submitted a letter, dated November 24,
1997, requesting that the Commission voluntarily request decertification of the jurisdictional
. area under the building inspection program. He stated that he has attended every hearing and
participated in discussions in Helena regarding the issue of extraterritorial jurisdiction. He noted
that under HB388, the building inspection program may be returned to the County between
now and July 1, 1998, but there is no provision for the zoning program. He stated that the
City currently has the option of drafting a single page letter to the Department of Commerce
Building Codes Division, asking for decertification of the "donut" area. He noted that the State
would then be obligated to serve the area, with the City's obligation ending after it fulfills its
inspections on current building permits. He stated that if a letter of decertification is written
after July 1, 1998, then the decertification begins ninety days later. He noted
that
decertification can also be implemented by the State if a City fails to meets its obligations
under the building inspection program or does not provide qualified personnel.
. Mr. White stressed that the local government for those in the extraterritorial area is
the County government, and he feels they are the ones who should have control over that area.
Mayor Stueck recognized that a significant amount of work is needed before the
County can assume zoning authority in the jurisdictional area.
(F) Presentation of award to Design Review
Board - HPO Derek Strahn
Historic Preservation Officer Derek Strahn stated he is representing the Montana
Preservation Alliance, a state-wide non-profit historic preservation organization with 150
members. He noted that, in an attempt to recognize good preservation work throughout
Montana, the Alliance has developed an excellence award program, similar to Bozeman's
program. This year, forty projects, individuals, organizations and programs from throughout
Montana were nominated, and seven awards were made. He stated that the only award in the
. community project category was given to Bozeman's Design Review Board, in recognition of
their many hours of work over the past seven years to promote historic preservation projects
in the core of the community. He noted that over 900 projects have been reviewed
by the
Design Review Board, and many of them have had a positive impact on the community's
historic areas.
11-24-97
..-..----... -- -. ...----.-----.-
- 13 -
The Historic Preservation Officer noted that Design Review Board members present
at this meeting include Chair Kim Walker, Henry Sorenson and Roger Cruwys and former chair
Cliff Chisholm. He concluded by presenting them the award and thanking the Commission for
the opportunity to do so.
. Mayor Stueck thanked the Design Review Board members for "a job well done".
(E) Discussion re revisions to nuisance ordinance
Staff Attorney Tim Cooper stated that he has prepared a very rough draft ordinance
reflecting current nuisance ordinance provisions and proposed additional provisions in
anticipation of this work session. He asked for Commission input on both the current
provisions and the proposed provisions, particularly the abatement procedure. He stated that
under the new provisions, he has proposed the Planning Department be designated as the
enforcing agency, with the City Commission serving as the appeals board. He recognized that
if the new ordinance provisions are enacted as proposed, some changes in job descriptions and
duties may be needed.
Responding to Mayor Stueck, Zone Code Enforcement Officer Roy Beall characterized
. the proposed revisions as a dramatic improvement over the current code. He noted that the
abatement procedure is clearly identified, and references are made to the applicable uniform
codes.
Responding to Commissioner Rudberg, Land Use Attorney Christopher Williams stated
he received a copy of the ordinance just prior to today's Commission meeting. He then noted
that Line 5 on Page 3 identifies the whole essence of a public nuisance, which can be
summarized as impacting adjacent property. He stated that this ordinance will assist
staff
when communicating with residents, and help to make them aware of what is construed as a
public nuisance.
Commissioner Rudberg stated she feels it is important to provide the staff members
who will be responsible for enforcing the provisions of the ordinance an opportunity to review
. it prior to discussion. She noted that the original ordinance was adopted in 1893, and she does
not believe it is necessary to hurry its revision.
The Land Use Attorney noted that part of the impetus for this ordinance was the
problem at 310 North Plum Avenue. He stated that, while these revisions could have assisted
11-24-97
.- --.-
- 14 -
staff in addressing that situation, the resident has cooperated with staff and worked to bring
the property more into compliance.
Responding to Mayor Stueck, Zone Code Enforcement Officer Roy Beall stated he is
comfortable with the provisions of Item 6 on Page 7, noting that the accumulation of refuse,
. appliances and junk furniture seems to be a constant problem. He further noted that the new
provisions will provide valuable tools to assist in the enforcement process.
The Land Use Attorney stated that Zone Code Enforcement Officer Beall's job
description currently references Title 18, and this nuisance ordinance is under Title 8.
Staff Attorney Tim Cooper stated that under Section 5 on Page 6, reference is made
to the Uniform Building Code, the Uniform Code for Abatement of Dangerous Buildings and the
Housing Code. He also noted that Section 4 references violations to thezc;1re code, to allow
"1.' <'~
for the enforcement of violations to those sections of the Bozeman Municipal Code under this
title if staff so chooses.
Commissioner Rudberg expressed concern that the provisions of Line 32 on Page 3
could be easily violated, particularly in this area since people hunt and often choose to hang
. their deer in the garage. She also expressed concern about the section pertaining to windblown
substances, particularly since she likes to shake her rugs outside.
Commissioner Rudberg stated she feels the Commission should defer any action on
this proposed ordinance until after the Zone Code Enforcement Officer and Land Use Attorney
have had an opportunity to review it and forward their comments.
Commissioner Frost forwarded his concurrence. He noted that, while the ordinance
makes sense to him, the staff members who use this section may find areas that need revision.
Responding to Mayor Stueck, Zone Code Enforcement Officer Beall stated that farm
type animals are prohibited within city limits.
Responding to City Manager Johnson, the Commission indicated it would be
. appropriate to bring the ordinance back for first reading on December 15.
Commissioner Rudberg suggested that staff members involved in a potential
abatement of a nuisance should maintain an accurate record of the time spent on the issue.
She noted that the person creating the problem should be responsible for those costs rather
than the taxpayers of the community.
11-24-97
- 15
-
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Copy of letter from Lloyd D. Bender, Gallatin County Council on Aging, dated
. November 14, 1997, registering their concern about the City Commission's cuts in the budget
for Galavan.
Commissioner Rudberg expressed concernaboutseveral misconceptions and incorrect
statements in the letter. She noted that, even though the City cut its contribution to GalaVan
by $2,000, they received an $18,000 gift, so their overall revenues were greater than for the
previous year. She noted that, in addition to its $15,000 contribution to GalaVan, the City
pays approximately $30,000 in operating expenses for the Senior Center annually.
Commissioner Rudberg requested that the City require GalaVan and HRDC as well as
the Senior Center to provide copies of their 990s so the Commission can make appropriate
budgeting decisions in the future.
(2) Minutes from the November 12, 1997 meeting of the Gallatin County T AC.
. (3) Agenda for the Montana Transportation Commission meeting, to be held on
December 3 and 4, 1997, in Helena.
The City Manager noted that the rest area/visitors' center is scheduled for discussion
at 3:00 p.m. on December 3. He stated that he has met with representatives from
the
Chamber of Commerce about the possible trading of federal and state dollars for this project.
He indicated that representatives from the Montana Department of Transportation were in
Helena today to review the staff report and recommendations regarding this project. He then
encouraged interested people to help reflect the community support for this project and asked
Commissioners, particularly the Mayor, to attend the Montana Transportation Commission
meeting if possible.
(4) Agenda for the Development Review Committee, to be held at 10:00 a.m.
. on November 25, 1997 in the Commission Room.
(5 ) Agenda for the Design Review Board, to be held at 3:30 p.m. on November
25, 1997 in the Commission Room.
(6) The City Manager submitted the following. (1)
Stated that last week,
several City staff members participated in serving dinner to 267 people at the Senior Center.
11-24-97
--------
...---.-.. --
- 16 -
(2) Stated that he received one complaint about the closure of Main Street at noon today for
the hanging of Christmas decorations. (3) Noted that while Main Street was closed today, the
City's sewer crews were working in the street. (4) Stated that twelve annexations have been
identified as not being filed, and staff is currently attempting to identify how many of those
. annexations have actually been completed. He then indicated that
information on property
taxes will probably not be available from the County for two weeks due to their workload.
(7) The City Manager stated that on Friday, he participated in a meeting of the
Local Government Policy Commission, which is a group headed by the Local Government
Center designed to help them identify issues to be researched. He stated that 22 ideas were
forwarded, and those ideas will not be prioritized to provide direction to the Local Government
Center. He noted that the single issue most often discussed was growth, and many attendant
sub-categories. He stated that another big issue is the Supreme Court brief being
prepared
pertaining to the referendum issue in Whitehall. Other topics discussed include extraterritorial
issues and multi-jurisdictional districts.
(8) Commissioner Frost stated that in the last month, there have been a couple
. of articles in the Nation's Cities Weekly pertaining to growth.
(9) Mayor Stueck
reminded the City Manager
that a meeting with
representatives from the University regarding the green building is scheduled for the same day
as the Montana Transportation Commission meeting and will need to be rescheduled.
Adjournment - 5:35 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
.
G ~ ..J~.,~
ATTEST:
DON E. STUECK, Mayor
Q~c7~
ROBIN L. SULLIVAN
Clerk of the Commission
11-24-97