HomeMy WebLinkAbout1996-01-22 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 22, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, January 22, 1996, at 3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Wysocki, 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 - November 20. December 4 and December 18. and January 2. January 8 sDecial.
January 8 and January 16. 1996
It was moved by Commissioner Rudberg. seconded by Commissioner Stiff, that the
. minutes of the meetings of December 18, January 8 reorganization, January 8 and January 16,
1996, be approved as submitted and that the minutes of the meeting of January 2, 1996, be
approved as amended. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman and Mayor Stueck; those voting No, none.
Mayor Stueck deferred action on the minutes of the meetings of November 20 and
December 4, 1995, to a later date.
Presentation from Southeast Bozeman Neighborhood Associations (SEBNA) re sewer mains on
south side of town
Mayor Stueck stated the Commissioners have been advised that. in light of a claim
which has been filed against the City pertaining to a sewer main on the south side of town,
e they are to listen only, and not participate in any type of dialogue.
Ms. Carol Dietrich, 120 East Story Street, introduced the presentation, stating that she
prefers to work toward consensus whenever possible. She suggested that
the information
forwarded during this presentation could be used in development of policy and preparation of
the critical lands study. She noted that one does not typically think about sewer mains until
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a problem arises. She stated, however, that during the discussions on impact fees, the costs
of installing, maintaining and replacing a septic system in the County were recognized.
She
encouraged the Commission to consider the costs of replacing the City's sewer infrastructure
in the same light.
. Ms. Dietrich stated the Commission has received letters from two of her neighbors.
Carolyn Parker and Bev Thornton, regarding problems they have recently encountered as a
result of the City sewer system and, in fact, one of them has filed a claim.
She encouraged
the Commission to consider the emergency nature of the issues surrounding sewer mains on
the south side of town, particularly when considering future applications for development.
Ms. Dietrich stated that Carolyn Parker feels she has been "hoodwinked" by the City,
and that there has been adequate time to resolve her claim. She indicated that Ms. Parker will
be making a presentation to the Public Service Commission in Helena, as the next step in her
effort to ensure that the problems with those sewer lines are resolved before additional
hookups are allowed.
Ms Dietrich stated that in Ms. Thornton's situation, an excellent lab situation has been
. created; and sewer back-ups can be witnessed at that location on a very predictable basis.
Ms. Dietrich stressed the importance of recognizing that any increase in water table
would be devastating to this area, particularly in light of the underground springs that already
create problems. She then turned to her letter of December
10, which had previously been
submitted to the Commission. She highlighted
some of the statements and comments
contained in that letter, as follows. "With impact fees, a percentage will be allocated to each
specific area. What portion of our monthly sewer bill is designated
for replacing old sewer
lines? Where is this money being used?" "If Don Hannah needs to put a 'buyer beware' notice
on his lots for sale, then developers need to be given an honest and updated picture of the
critical position of Bozeman's water table and sewer system. Would anyone knowingly want
to add to this problem?" "In questions to staff, Marcia Youngman asked if guidelines had been
. followed concerning
identification and discussion
of impacts related to the
proposed
development. " Ms.
Dietrich noted that several of those in the audience listened for
Commission discussion of those impacts during the recent decision on the Sundance Springs
project.
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Ms. Bev Thornton, 221 South Bozeman Avenue, stated she lives three doors
south of
Carolyn Parker; and she has problems with the sewer mains.
She stated that they initially
thought those problems were their problems, until they had the entire sewer
service line
replaced and the sewer main was cleaned, and the sewer problems continued.
She noted that
. a conversation with personnel from the City's Sewer Department revealed that the low spot
in the sewer main will encounter problems, if problems exist.
Ms. Thornton stated that they have recently remodeled the basement and,
as a result
of sewer backup problems, have had to use a screw-in sewer plug in the
shower to keep the
sewer from backing up into the shower and the basement.
She characterized the problems
with sewer back-ups as predictable, noting that they occur during high
water run-off and during
thaws in the winter. She invited the Commissioners to witness the situation,
so they are more
aware of the problems. She noted that any additional hook-ups allowed on
this sewer line will
only compound the problems which she and her neighbors are currently encountering.
Mr. Jeff Downhour, 418 South Bozeman Avenue, stated that SEBNA is drawing
this
issue to the Commission's attention since they don't want the problem to
be further
. compounded by additional development connecting to the line; they don't want to wait until
a major catastrophe occurs before action is taken; and they want to go
on record as saying
they have a problem.
He noted that the statistical data about the sewer lines seems to be
confusing, providing a chart to depict the information garnered from various
reports. He noted
that the residents of that area have been told that they have no problem;
however, he stated
that those with basements have encountered problems.
Mr. Downhour noted that in 1992, Morrison-Maierle did a study on the line
because of
the proposed condominiums on Alderson Street. In that study, the South
Black Avenue sewer
main had a remaining capacity of 29; and Mr. Clair Daines was subsequently
allowed to add
7 units. The study on the South Bozeman Avenue line showed that 533 people
live along the
line. However, in a memo dated March 21, 1994, the City's records showed
that there were
. 193 residences along the line and that the line was over capacity.
Mr. Downhour characterized the sewer mains in South Black Avenue and South
Bozeman Avenue as being very similar, since they are the same size, the
same age and laid on
the same slope. He stated that recent studies show that a large increase
in flow occurs in the
South Bozeman Avenue line south of East Olive Street; and that is due to
the number of lines
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that dump into the main at that point. He expressed concern that the numbers of living units
connected to the sewer mains, as shown in the studies, are inaccurate and do not accurately
portray the situation.
Mr. Downhour stated that the study conducted by Thomas, Dean and Hoskins
pertains
. to only three blocks of the ten-block area which is served by these mains. He noted that the
study shows that the lines are running at 22 percent of capacity; however, he urged the
Commission to consider the percent of capacity being used at Main Street.
He noted that if
problems occur in that area, they simply back up to the subject area and create problems.
Mr. Downhour encouraged the Commission to carefully consider the predictability
with
which sewer back-up problems are encountered in this area, reiterating that the studies and
figures do not accurately reflect the number of households served by those lines.
Mr. Downhour read excerpts from the articles entitled When Trouble Piles
Up and
Sewage backup a health hazard, as published in the December 2, 1995, edition of the Billings
Gazette. He noted that, not only are there financial costs to clean~up after a sewage back-up,
but there are health risks resulting from the "black water".
He further noted that specific
. procedures are required for clean-up of "black water" to ensure that all of the bacteria are
killed. He cautioned that sewer back-ups can result in a liability to the City, particularly if the
history of those lines and their maintenance reflects negligence.
Mr. Jeff Downhour noted that the 1990 Bozeman Area Master Plan Update recognizes
that the sewer mains in the older part of Bozeman need to be updated. To date, however, he
has not seen any plans for improvements to the sewer mains in this immediate area, although
he has seen additional hookups to already overloaded lines. He concluded by encouraging the
Commission to take a serious look at this issue, given the problems which exist.
Ordinance No. 1414 - amending Bozeman MuniciDal Code to add ChaDter 3.24, imDlementina
imDact fees for City streets. fire. water and wastewater services
. City Manager Wysocki noted that, included in the Commissioners' packets,
was a copy
of Ordinance No. 1414, as approved by the City Attorney, entitled:
ORDINANCE NO. 1414
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED AS CHAPTER 3.24,
PROVIDING FOR FIRE, WATER, WASTEWATER AND STREET IMPACT FEES.
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The City Manager noted that, also included in the Commissioners' packets,
were
proposed revisions as submitted by Mayor Stueck. Distributed just prior
to the meeting were
proposed revisions, as forwarded by City Attorney Luwe and the consultant.
At Mayor Stueck's request, the City Attorney reviewed the proposed revisions
to the
. ordinance. He noted that these revisions are in response to the Mayor's question about
whether the same percentage applied to the impact fees would be applied
against any
qualifying credits for infrastructure improvements installed as a result
of exactions during the
subdivision process.
He reviewed the language which he had proposed to Duncan and
Associates as well as the language returned by the consultant, suggesting
that the proposed
language for Section 3.24.1 OO.CA. be amended to read "The approved credit
shall be reduced
..." and that the proposed language for Section 3.24.100.G. be amended
by adding "over
actual and undiscounted fee" at the end of the last sentence.
Mayor Stueck stated that during discussions about implementing the impact
fees at a
percentage of the fees identified in the studies, he was under the impression
that credits for
qualifying infrastructure improvements would be subject to those same percentages;
however,
. it did not seem to be clear in the ordinance. He noted that this provision precludes a developer
from acquiring a windfall by paying only a percentage of the impact fee
and obtaining a full
credit for infrastructure improvements.
He thanked the City Attorney for preparing language
to address this issue.
Responding to Commissioner Stiff,
Mayor Stueck stated that if the credits for
infrastructure improvements completed by the developer are greater than
his impact fees, he
can obtain a credit for the difference.
Planning Director Epple provided an example of how the impact fees and
credits for
infrastructure improvements would be calculated, based on the proposed
revised language. He
noted that, no matter whether the calculations are based on 100 percent
of the impact fees
and costs of qualifying infrastructure improvements, with the percentages
applied to the
. remainder, or are based on the percentages for fees and qualifying infrastructure
improvements,
the result is the same. The Planning Director stated that if the result
is a credit, the developer
may transfer the credit to subsequent purchasers of those lots, transfer
the credit to another
project, or possibly request a refund from the City. He stressed the importance
of remembering
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that only those infrastructure improvements pertaining to increases in
capacity are eligible for
credits against the impact fees.
Planning Director
Epple reminded the
Commission that he
has estimated the
administration of this program will take 12 FTE, in the position of impact
fee clerk. He stated
. that the 2-percent administrative fee included in this program should cover those costs. He
stated that the staff member who fills that position must be trained in
generally accepted
accounting practices and methods for maintaining an accurate record of
each of the four impact
fees.
Responding to Commissioner Stiff, the City Attorney stated that the records for each
of the impact fee funds must be maintained on an on-going basis.
He noted that the monies
received from the impact fees must be used within ten years or returned;
and records must be
accurately maintained during that period to ensure they are properly used.
Planning Director Epple stated he has run some rough calculations, based on residential
permits only, of the impact fees that would have been generated last year.
He stated that
approximately 474 dwelling units, including the 160 units in Arcadia Gardens,
were permitted
. in 1995, 93 percent of which were inside city limits.
Based on the percentages contained in
the provisionally adopted ordinance, the total impact fees would have been
approximately
$869,000.
Responding to Commissioner Stiff, the Planning Director indicated that the impact fees
for the Arcadia Gardens was slightly over $290,000; and concurred that
the remainder of the
fees for residential development would have been approximately $579,000.
Responding to Commissioner Stiff, City Attorney Luwe stated that if the Commission
wishes to make any changes to this ordinance, those changes should be incorporated
in the
motion to finally adopt the ordinance.
The City Manager cautioned that any changes made to the ordinance at this time must
be in direct response to input received during the public hearing and subsequent
Commission
. discussions. He then noted that a review of the revisions proposed by Mayor Stueck and the
City Attorney may be considered, since they are in response to input received.
The Commission concurred with the City Manager's assessment that the proposed
revisions forwarded by the Mayor are based on the expectation that those
who indicated a
willingness to work with the City to obtain legislative changes will do
so.
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Commissioner Youngman stated that, according to the minutes trom the January
2
Commission meeting, there was unanimous agreement on the 40 percent rates
for water and
wastewater, questioning why the proposal has now been forwarded to lower
those rates to 35
percent. She stated a willingness to accept the rationale for lowering
the fire impact fees from
. 95 percent to 90 percent, although she was previously under the impression that setting the
fees at 95 percent was acceptable and legally defensible.
Mayor Stiff stated he proposed the change in rates for water and wastewater
because
of the impacts on commercial development. He suggested that after the initial
fifteen months,
commercial developments should be better prepared to pay a higher impact
tee than they are
at the present time.
Commissioner Stiff stated that, since provisional adoption of the ordinance,
it has
become apparent the County will not enact any impact fees until at least
the end ot February,
it they adopt any impact tees at all. He indicated that, while his preference
at this time would
be to table adoption of the City's impact fees until the County adopts
its fees, he is willing to
support implementing lower impact fees at this time.
. Commissioner Frost stated his willingness to support adoption of the ordinance
with the
proposed amendments so that the impact fee program is started.
He noted input has been
received that suggests commercial development will not occur in Bozeman
if its impact fee is
higher than the County's; however, he stated that no matter what level
the impact fees are set
at, the impact tees for commercial development within the city will be
higher than those within
the county. He recognized that the costs of growth must be paid, either
through this type of
tee, higher taxes, or cuts in city services.
He then forwarded his hope that the various
organizations which have stated their willingness to assist the City in
obtaining other funding
options will support the City in seeking legislative change. He concluded
by stating that, while
he is disappointed at the low percentages proposed tor the various impact
fees, he is pleased
that the City is moving forward with implementation of the program.
. Commissioner Youngman stated that, while she is supportive of moving forward
with
implementation of impact fees, she cannot support final adoption of the
ordinance as proposed
due to elimination of the schedule for implementing future phases of the
program. She
expressed concern that she and Commissioner Frost have agreed to several
compromises, each
ot them involving lower fees than the previous compromise. She forwarded
her appreciation
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for Mayor Stueck's requested clarification of the percentages being applied
to the credits as
well as the fees.
She indicated that she could again compromise to accept the lower
percentages; however, she feels the elimination of the schedule is "a sell
out" that she cannot
support. She forwarded her appreciation to the various organizations for
their willingness to
. work with the City to obtain needed legislative changes, since those revenue sources could be
used to offset the revenue shortfalls that will be encountered by implementing
the impact fees
at a low level.
Commissioner Rudberg stated her support for the changes as proposed. She
noted that
she has confidence in the legislators, noting that if one expects legislative
change to fail, it will.
She cautioned that no windfall in reduced property taxes should be anticipated
as a result of
implementing impact fees, particularly since impact fees are to be used
only for new impacts.
Commissioner Stiff stated concurrence with Commissioner Rudberg's comments.
He
noted it is important to recognize that state-wide support will be necessary
to increase the
possibility of obtaining legislative change in the upcoming session, not
just Gallatin County
support.
. Mayor Stueck stated that, under his proposed revisions, the level of impact
fees is to
be reviewed on or before May 1, 1997. He noted that does not preclude the
Commission from
reviewing the fees in the next six to eight months, if it is determined
those who have pledged
support in legislative efforts are no longer willing to provide that support.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that
the
Commission finally adopt Ordinance No. 1414, as amended to include the
revisions forwarded
by City Attorney Luwe and the consultant's attorney, Mr. Clancy Mullen,
as revised by the City
Attorney at the beginning of the discussion, and the revisions forwarded
by Mayor Stueck,
which provide for revised percentages of fees to be implemented and eliminate
future phase-in
of the fees.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Rudberg, Commissioner Frost and Mayor
Stueck; those
. voting No being Commissioner Youngman.
Development of statement of intent re impact fees for affordable housina
proiects and
economic development
Prior to the meeting, Commissioner Youngman distributed a revised statement
of intent,
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in response to conversations with individual Commissioners.
Commissioner Youngman stated she still feels strongly that, since the Commission
is
"changing the playing field" for affordable housing and economic development
with adoption
of the impact fees, it is important that it also adopt a statement of intent
regarding mitigation
. of those impacts. She noted Commissioner Stiff's concern that this type of issue belongs in
the goal-setting and budgetary processes. She recognized that this is appropriate
for economic
development projects; however, she suggested that affordable housing should
be treated
differently since the Commission has adopted an affordable housing pOlicy
and created a
funding source to assist such projects. She forwarded her position that
it is important to make
a proactive statement at this time, to ensure that the Commission still
supports economic
development projects, so that the Gallatin Development Corporation and
Chamber of Commerce
can continue to attract businesses that provide livable wage jobs.
Commissioner Youngman noted the affordable housing policy, which was adopted
in
December
1994, contains a provision that
impact fees will be waived under certain
circumstances; however, the Commission has recently learned that waiving
of impact fees
. cannot be legally done, so another alternative must be identified. She stressed the importance
of remembering that policy cannot be generated in a vaccuum; and it is
important to ensure
that Commission actions do not conflict.
She stated that the revised statement has been
simplified and is based on the public tesimony received during the public
hearing. She
suggested that if the Commission wishes to adopt an even more simplified
statement, it could
adopt the last two sentences only.
She further suggested that if the Commission does not
wish to act on it at this time, this item could be included on a future
work session agenda for
further discussion.
Responding to Mayor Stueck, City Attorney Luwe concurred that the affordable
housing
policy should be revised to comply with the impact fee ordinance, preferably
prior to the
ordinance becoming effective.
. Responding to Commissioner Frost, Mayor Stueck stated that at the present
time, the
City does not have an economic development policy, rather economic development
activities
are accommodated through the Gallatin Development Corporation.
He suggested that, since
no concern about conflicting language exists, it might be possible to address
that issue at a
later date.
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Commissioner Frost stated his concurrence with that assessment;
however, he
forwarded his concern that the economic development policy not be forgotten.
Responding to a proposal from the Mayor, Commissioner Frost stated he feels
that the
development of any economic development policy should be led by the Gallatin
Development
. Corporation, possibly in conjunction with the Chamber of Commerce.
The City Manager suggested that the Commission could appoint an ad hoc
committee
to review the issue and forward recommendations back to the Commission.
Responding to Commissioner Stiff, the City Attorney stated that, given
the language in
the impact fee ordinance, an alternative source of funding to cover the
impact fees for
affordable housing projects and economic development projects must be identified;
the projects
must bear the costs; or requests for City assistance in paying the impact
fees must be
addressed on an individual basis.
Commissioner Rudberg expressed concern about previous discussions which
suggested
that impact fees will lower property taxes, particularly if the City is
considering the possibility
of writing down the costs of impact fees on certain types of development.
. Commissioner Youngman noted that the Commission must ensure the public
health and
welfare of the community; and she feels that affordable housing is central
to that requirement.
Commissioner Stiff stated that, with the previous vote, the Commission
mitigated 70
percent of the impact that impact fees will have on affordable housing,
questioning why an
additional mitigation statement is needed.
Commissioner Frost stated that everyone who constructs a home inside city
limits will
benefit from the decreased rate at which impact fees are being implemented,
not just affordable
housing. He stated that the City must do more for low-income housing projects
than it does
for general development; and if the affordable housing pOlicy is not revised
to appropriately
address the impact fee issue it will "wither and die". He stressed the
importance of ensuring
that housing which the working people can afford to either own or rent
is maintained in
. Bozeman.
Commissioner Rudberg asked where the monies to cover the impact fees for
affordable
housing projects will come from, noting that the Housing Fund has been
funded through
contributions from the City's General Fund.
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Mayor Stueck stated he feels that the City and the community have been
serious about
addressing the affordable housing issue during the past two years.
He cited examples,
including the 48 new units of family housing at MSU; the upcoming 130 additional
dormitory
beds planned for single students at MSU; the 32 affordable units in Arcadia
Gardens; the HRDC
. land trust project; the Interfaith Housing project; Mr. Dabney's apartment project; allowing
Kountz Mobile Home Park to hook to City sewer; and rezoning of twenty acres
along West
Babcock Street to allow for manufactured homes. He recognized that more
needs to be done
in this area; however, he observed that it is better at this time for the
City to support private
efforts than it is to take a more active role.
Commissioner Youngman recognized the good public/private partnerships that
have been
developed over the past two years; however, she suggested that by implementing
the housing
policy, the development community can also begin to participate.
Following a brief discussion, Mayor Stueck requested that this item be
placed on an
agenda for further discussion prior to the March 23 implementation date
for the impact fees.
. Ordinance No. 1417 - vacatina Dortion of north/south alley lying between West Harrison Street
and West Cleveland Street. immediatelv north of the east/west allev. and
between South 5th
Avenue and South 6th Avenue
Previously distributed to the Commission was a copy of Ordinance No. 1417,
as
approved by the City Attorney, entitled:
ORDINANCE NO. 1417
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY Of BOZEMAN,
MONTANA, VACATING AND ABANDONING THAT PORTION Of NORTH/SOUTH
ALLEY RIGHT-Of-WAY LYING ADJACENT TO LOTS 5 AND 6, BLOCK 14, AND
LOTS 19 AND 20, BLOCK 14, CAPITOL HILL ADDITION IN THE CITY Of
BOZEMAN, MONTANA.
The City Manager reminded the Commission that the public hearing on this
requested
vacation has been held; and this ordinance was provisionally adopted at
the Commission
meeting held on January 8, 1996. He then recommended that it be finally
adopted at this time.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission finally adopt Ordinance No. 1417, vacating that portion of the
north/south alley
right-of-way lying adjacent to Lots 5 and 6, Block 14, and Lots 19 and
20, Block 14, Capitol
Hill Addition. The motion carried by the following Aye and No vote: those
voting Aye being
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Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner
Stiff and
Mayor Stueck; those voting No, none.
Ordinance No. 1416 - Salary Ordinance for City Manager for Calendar Year
1996
. Included in the Commissioners' packets was a copy of Ordinance No. 1416, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1416
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW.
Commissioner Stiff stated he will vote against adoption of this ordinance.
He noted that
the cost of living increase for the past year is 2.6 percent, and he is
able to support a 3-percent
increase; however, he cannot support the 4~percent increase contained in
this ordinance.
Commissioner Frost noted that the City Manager's evaluation was well above
average;
and he supports the 4-percent increase reflected in this ordinance.
Commissioner Youngman stated that other organizations she has worked with
have
. given cost of living increases plus merit increases for those with above
average evaluations.
She suggested that the 1.4 percent between the cost of living and the proposed
increase
reflects a modest raise for the evaluation which the City Manager received.
Commissioner Rudberg noted that she was not involved in the evaluation
process, since
that occurred before her being seated on the Commission.
She stated, however, given her
interest in holding the line on costs, she can support no more than a 3-percent
increase.
It was moved by Commissioner Youngman, seconded by Commissioner Frost,
that the
Commission provisionally adopt Ordinance No. 1416, setting the City Manager's
salary for
Calendar Year 1996, and that it be brought back in two weeks for final
adoption. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman,
Commissioner Frost and Mayor Stueck; those voting No being Commissioner
Stiff and
. Commissioner Rudberg.
ADDointments to Beautification Advisory Board
City Manager Wysocki submitted to the Commission a memo from Clerk of the
Commission Sullivan, dated January 18, 1996, listing the applicants for
the various boards and
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commissions.
He noted that there were no applicants for this board.
Appointments to Bozeman Area Bicvcle Advisorv Board. Historic Preservation
Advisorv
Commission. Recreation and Parks Advisorv Board and Tax Increment Financing
Industrial
District (TIFID) Board
. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission appoint Dan Himsworth to replace Scott Dreblow and reappoint John Preston to
the Bozeman Area Bicycle Advisory Board, with one-year terms to expire
on December 31,
1996; appoint Mara-Gai Katz to replace Diane Beverage as an "at large"
member on the Historic
Preservation Advisory Commission, with a term to expire on June 30, 1997;
appoint David
Jones to replace Russ Squire on the Recreation and Parks Advisory Board,
with a term to expire
on December 31, 1997; and reappoint Mike Money to the Tax Increment Financing
Industrial
District (TIFID) Board, with a three-year term to expire on December 31,
1998. The motion
carried by the following Aye and No vote:
those voting Aye being Commissioner Rudberg,
Commissioner Stiff. Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those
voting No, none.
.
Appointment to Cemetery Board
Following the nomination process, it was moved by Commissioner Stiff, seconded
by
Commissioner Frost, that the Commission appoint James Caird to replace
Martha Drysdale on
the Cemetery Board, with a term to expire on December 31, 1999. The motion
carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Frost,
Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting
No, none.
Authorize Mavor to sign - Emplovment Aareement with City Manager for Calendar
Year 1996
Commissioner Stiff forwarded three concerns about the Employment Agreement:
(1 )
the term of employment; (2) annual evaluations rather than semi-annual
evaluations; and (3)
. a typographical error on Page 4 which references December 1995 instead of December 1996.
Mayor Stueck noted that the City Manager has requested that the Commission
conduct
semi-annual evaluations rather than annual evaluations.
Commissioner Stiff requested that the evaluation process be set for a time
other than
at the end of the calendar year. He noted that at the present time, the
evaluation is conducted
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at Christmas time; and he feels that moving it away from that time would
be of benefit to
everyone involved.
He then expressed concern about the term of employment under this
agreement, particularly since it extends to June 30, 1998.
Responding to questions from Commissioner Stiff, City Attorney Luwe stated
that under
. this agreement, as written, the City Manager could serve until June 30, 1998, if he so
chooses. He stated this does not preclude termination by either party,
upon properly given
notice.
Commissioner Stiff expressed concern that City Manager Wysocki is looking
for a similar
position in another community.
He noted that if the City Manager leaves, the Commission
must undertake the recruitment process; and the terms of this agreement
could make
negotiation of an agreement with a new City Manager somewhat difficult.
Commissioner Frost stated he feels that a 2 % -year agreement is acceptable.
Commissioner Youngman suggested that the City Manager's willingness to
enter into
a 2 % -year agreement with the City demonstrates his desire to remain here,
which provides an
atmosphere of stability.
. Commissioner Rudberg stated that, while she feels that the term of the
agreement is
acceptable with the current City Manager, she would be extremely concerned
about entering
into the same length of agreement with a new individual.
Responding to questions from Commissioner Youngman, City Attorney Luwe
stated that
if a new City Manager were to be hired, the Commission would negotiate
a new agreement
with that individual; and the terms of this agreement would not limit the
Commission's ability
to negotiate.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission authorize and direct the Mayor to sign the Employment Agreement
with the City
Manager for Calendar Year 1996.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that
the
. Commission table action on this item until after the Mayor has had an opportunity
to meet with
the City Manager. The motion carried by the following Aye and No vote:
those voting Aye
being Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman and
Mayor Stueck;
those voting No being Commissioner Frost.
01-22-96
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Discussion - FYI Items
City
Manager Wysocki presented to the
Commission the following
"For Your
Information" items.
(1 )
Letter from Jessie Nelson, 9 Trails End Road, dated December 31, 1995, stating
. appreciation for the Christmas decorations in the downtown area.
(2) Letter from Robert J. Tallon, REACH, Inc., dated January 17, 1996,
forwarding
information on a proposed new group home to be constructed this summer,
and inviting the
Commissioners to attend a meeting at 2:00 p.m. on January 29, at the Library
meeting room.
(3) Memo
from Assistant Planner Christopher Williams, dated January 17, 1996,
regarding development of an inventory of existing illegal, non-conforming
signs in the
community.
(4) Memo
from Neighborhood Coordinator/Grants person James Goehrung, dated
January 18, regarding appointment of a Commissioner to serve on the selection
committee to
review proposals for development of affordable housing code revisions.
Commissioner Rudberg noted that at the Commission meeting on August 21,
she spoke
. in opposition to the expenditure of monies for a consultant, and reiterated
that concern. She
recognized that the request for proposals has been advertised; however,
she encouraged the
Commission to save $15,000 rather than higher another consultant.
She suggested, rather,
that there are people in the community who could assist City staff in preparing
proposed
revisions.
Responding to Mayor Stueck, the City Attorney stated that the Commission
must
approve any proposal for award of a contract to any consultant as a result
of the request for
proposals process.
A majority of the Commissioners indicated support for moving forward with
the proposal
process, recognizing that a contract need not be awarded.
(5) Agenda
for the subdivision meeting to be held at 1 :30 p.m. on Thursday, January
. 25, in the Community Room of the Gallatin County Courthouse.
The City Manager indicated that members of the City staff and Planning
staff will be in
attendance; most of the Commissioners stated their intent to attend as
well.
(6) Information
sheet on the Bozeman Solvent Site, dated January 1996, as prepared
by the Montana Department of Environmental Quality.
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(7) Agenda
for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, January 23, in the Commission Room.
(8) Agenda
for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, January 23, in the Commission Room.
. 191 Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, January 25, in the Commission Room.
(10)
Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
January 23, at the Courthouse.
(11 )
Memo from City Attorney Luwe, dated January 22, forwarding an excerpt from
the December 1995 Montana Municipal Insurance Authority's Newsletter cautioning
elected
officials about responding to citizens regarding claims.
(12)
Memo from the County Commissioners, dated January 18, 1996, forwarding
copies of letters sent to Lisa Prugh and Stuart Whitehair regarding termination
of their positions
as County appointees on the City-County Planning Board.
(13)
Letter from Cleo Butler, 209 North 3rd Avenue, dated January 16, addressing
. a number of issues.
(14)
Copy of a letter from Chad Groth. 701 South Willson Avenue, to Assistant City
Manager Brey, dated January 16, requesting that the public address system
in the City
Commission Room be improved.
(15)
The City Manager submitted his weekly report, as follows. (1) Announced that
Treasurer Joanne Riley went home from the hospital on Thursday. (2) Announced
that Director
of Public Service Phill Forbes is back to work, at least part days. after
his recent knee surgery.
(3) Attended the TCC meeting and the meeting with the Montana Department
of Transportation
last week, along with Mayor Stueck and Commissioner Rudberg.
(4) Attended graduation
ceremonies for the DARE program at one of the elementary schools, along
with Mayor Stueck.
(5) Noted there were no appreciable police activities resulting from the
Cat/Griz basketball game
. this past weekend. (6) Announced that Captain Gordon
Duntch is retiring from the Fire
Department. He
noted that quick calculations. based on his remaining leave balances, reflect
that he has used an average of one shift per year in sick leave for the
last 25 years.
( 16)
Commissioner Rudberg submitted the following. (1) Asked that the Commission
receive an update on the Bozeman Solvent Site. possibly during a field
trip to the site; City
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Attorney Luwe indicated he will try to arrange an update as soon as possible,
suggesting that
a tour of the site should be conducted in better weather.
(2) Distributed copies of her letter
of support for the Victim/Witness grant application.
She asked that any Commissioner
concerns be forwarded to her, so that she can revise the letter as necessary
prior to submittal.
. (17) Commissioner Frost submitted the following. (1) Attended the City-County
Planning Board meeting on Tuesday evening. (2) Attended the Bozeman Area
Bicycle Advisory
Board meeting on Wednesday evening.
He noted that items discussed included becoming a
part of the Recreation and Parks Advisory Board or the Pedestrian/Traffic
Safety Committee.
He stated that since their main thrust is toward those who use bicycles
for transportation, the
Board feels that the Pedestrian/Traffic Safety Committee is more compatible.
(3) Attended a
meeting of Friday evening regarding proposed legislation to ban billboards.
(18)
Commissioner Youngman stated that she attended the usual high number of
meetings during the week.
(19)
Commissioner Rudberg submitted the following. (1) Attended the Interagency
Breakfast, the Development Review Committee, the Design Review Board, and
the joint
. meeting of the City Study Commission and the County Study Commission last
week. Also, she
attended the Victim/Witness meeting, the Transportation Coordinating Committee
meeting and
subsequent meeting with the Montana Department of Transportation and the
Chamber of
Commerce dinner.
(2) Sat in on a City Court session last week, prior to going to lunch with
Judge Carlson.
She requested that Judge Patty Carlson be invited to attend a work session
with the City Commission to discuss City Court operations and procedures.
(20)
Commissioner Stiff stated that he and Mayor Stueck have traded positions on
the City-County Health Board.
He then noted that some question has been raised about
possibly residency requirements for City appointees and County appointees
to the Board, noting
that if a problem surfaces, the City and the County could possibly exchange
appointees and
retain the extremely qualified individuals who currently serve.
. (21 )
City Attorney Luwe submitted the following. (1) Stated that a review of the
Interlocal Agreement between the City and the County regarding the City-County
Health Board
does not reflect any residency requirement. He suggested that, from an
appearance standpoint,
the Commission may wish to consider switching appointees with the County
or appointing City
residents in the future.
(2) Spoke at Leadership Bozeman on Thursday. (3) Announced that
01 *22-96
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in each of the next two weeks, the Prosecutors and City Judge will spend
a long day in status
conferences and setting trial dates for the backlog of cases in Court.
(22)
Mayor Stueck submitted the following. (1) Noted that this past week, he learned
what is expected of a Mayor, particularly in light of the number of meetings
he attended. (2)
. Stated that he talked to Dr. Ken Weaver, Director of the Local Government
Center, about the
possibility of conducting a survey on planning activities. He requested that this item be placed
on an upcoming agenda for discussion. Responding to Commissioner Frost,
he stated that the
Commission may have the study done, rather than asking staff or Planning
Board to assume
responsibility for the study; and he feels it would be appropriate to do
so.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Approval of loan from CDBG Revolvina Loan Fund: per recommendations
from
Committee. dated August 31. 1994
Ratifv
issuance of caterina
license to Baxter
Hotel Corporation -
for
Chamber
of Commerce activities at the Emerson Cultural Center -Januarv
. 18. 1996
Appointment of
Commissioner Frost
and Commissioner
Youngman to
subcommittee
to review Pledaed Securities as of December 31. 1995
Authorize expenditure of balance of approximatelv $2.831 from the library
Trust
fund toward purchase of computer work station for public access
to the
Internet
Authorize Mavor to sian - Findings of Fact and Order - subdivision of 72.85
acres
into 67 lots for sinale-familv residential. 6.18 acres into two
neighborhood
service lots. and open space - portion of tract located in
NE%.
Section 25. T2S. R5E. and NW%. Section 30. T2S. R6E. MPM -
Sundance
Sprinas (northeast corner of Goldenstein Lane and south Third
Avenue)
Authorize City Manaaer to sign - Sewer and Water Pipeline and Access
Easement
and Aareement - Town Pump.lnc.nluckv Lil's Casino -10-foot-
wide
bv 226-foot-lona easement along west side of Tract 1A. COS No.
1364
and attendant 20-foot-wide by 28-foot-lona easement (2607 West
Main
Street)
. Ratifv
City Manager's signature - Interlocal Agreement between
Gallatin
County and the City of Bozeman to create
the position of Civilian
Evidence
Technician
Authorize
City Manaaer to
sian - Memorandum
of Understandina
and
Agreement
between City and Country Classic Dairies. Inc.
Authorize City Manager to sign - Annexation A9reement - with John W. and
Norma
D. Murdoch - 2.526-acre parcel known as Lot 2 and Lot 13,
01-22-96
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Gordon Mandeville State School Section Subdivision (2275 North 7th
Avenue)
Commission Resolution No. 3101 - annexing 2.526-acre parcel known as
Lot 2 and Lot 13, Gordon Mandeville State School Section Subdivision
(2275 North 7th Avenue)
COMMISSION RESOLUTION NO. 3101
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE
NORTH 7TH AVENUE/FLORA LANE ANNEXATION (FORMERLY REFERRED TO
AS THE
MURDOCH ANNEXATION
REQUEST) AND HEREIN
MORE
PARTICULARL Y DESCRIBED.
Authorize
Clerk of the
Commission to advertise
for applications for
Downtown Bozeman Improvement District Board (lDB)
Buildina Inspection Division report for December 1995
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
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 Youngman, Commissioner Rudberg,
Commissioner
Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Recess - 5:44 p.m.
Mayor Stueck declared a recess at 5:44 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the
scheduled public hearings.
. Public hearing - COA with deviation from Section 18.18.030, Bozeman Municipal Code, to
allow demolition of old residence and construction of new sinale-familv
residence on a 40-foot-
wide lot - Teslow Construction for Martha Drvsdale for 321 North Montana
Avenue (Z~95160)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviation from Section 18.18.030 of the Bozeman Municipal
Code, as
requested by Teslow Construction for Martha Drysdale, under Application
No. Z~95160, to
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allow demolition of an old residence and construction of a new single-family
residence on a 40-
foot-wide lot described as the north 40 feet of Lot 2, Beall's First Addition.
The subject site
is more commonly located at 321 North Montana Avenue.
Historic Preservation Planner Derek Strahn presented the staff report.
He stated that
. the subject property is located in an "R-3a", Residential--Two-family,
Medium-density, District,
which requires a minimum 50-foot-wide lot frontage.
The Planner noted that staff has
reviewed this application; and the staff's findings are contained in the
written staff report,
which has been submitted to the Commission.
He indicated that staff feels the proposed
construction will contribute to the property and will not significantly
detract from the
surrounding neighborhood, particularly since the new structure is to be
placed on the same
location as the existing structure.
He stated that, following that review, staff forwarded its
recommendation for approval, subject to the standard condition.
The Historic Preservation Planner stated that the Design Review Board reviewed
this
application, and at its January 9 meeting, forwarded its recommendation
for approval, subject
to the standard condition plus a condition that double-hung windows be
utilized throughout the
. project to ensure that the new house is consistent with and blends with
the neighborhood. He
noted that the Board also suggested the applicant use wood siding rather
than the vinyl siding
proposed, although that was not added as a recommended condition of approval.
Historic Preservation Planner Strahn stated that today he received a telephone
call from
Ms. Marilou Turrentine, who manages the property at 421 North Montana Avenue.
She raised
a concern about the accuracy of the lot lines as depicted on the plat,
particularly since the site
immediately to the north of the property she manages was recently subdivided
into Lots A and
B and, at that time, the plat for the entire lot was amended because a
survey revealed that the
lot lines were actually 8 feet to the south.
Her concern is that, since this is a long block, the
lot lines for the entire block may be inaccurate. The Planner stated that
a conversation with
Mr. Teslow reveals that the lot lines for this subject property have not
been surveyed recently.
. He also noted that the City is required to act on the application based on the official plats on
file in the Clerk and Recorder's Office until an official survey of the
subject lot has been
completed.
Mr. Mike Teslow, applicant, stated that he has rebuilt many homes for the
applicant.
He noted that, in this instance, the old house is in poor condition and
must be removed, with
01-22-96
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-
a new structure to be built in its place.
He stated conversations with the neighbors have
revealed that no one is opposed and, in fact, they feel it will be a nice
addition to the
neighborhood.
Responding to Commissioner Stiff, Mr. Teslow stated he feels the lot should
probably
. be surveyed. He noted that the new house to be located on the site will be 24 feet wide and
will just meet the 8-foot setback requirements on each side. He stated
that the Drysdales own
two adjacent properties, totalling 90 feet of frontage and, given the fact
that the houses on
both properties will be at the setbacks, it is important to know the exact
locations of the lots.
Responding to the City Manager, Mr. Teslow indicated it would be acceptable
to add
a condition requiring that a survey be completed to determine the location
of the lot lines.
Responding to Mayor Stueck, Historic Preservation Planner Derek Strahn
reiterated that
the City must act based on the official plats on file at the Clerk and
Recorder's Office. He then
noted that Mr. Teslow has referenced a second parcel and project. He stated
that the second
project was approved by the Design Review Board, and is not subject to
Commission review
since no deviations have been requested.
. Mayor Stueck stated he feels it would be in the applicant's best interests
to have the
lot surveyed.
He then suggested that the survey does not need to be a full-blown survey,
rather, a plat survey would be adequate.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week
waiting
period for land use decisions, so the Commission proceeded to the motion
and vote.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission approve the Certificate of Appropriateness with deviation from
Section 18.18.030
of the Bozeman Municipal Code, as requested by Teslow Construction for
Martha Drysdale,
under Application No. Z-95160, to allow demolition of an old residence
and construction of a
. new single-family residence on a 40-foot-wide lot described as the north
40 feet of Lot 2,
Beall's First Addition, subject to the following conditions:
1. That
the applicant utilize double-hung windows throughout the project;
2. That
the applicant obtain a plat survey of the subject lot, to determine
the location
of the lot lines; and
01-22-96
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3. That the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval or this approval shall be come
null
and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
. Stueck; those voting No, none.
Continued orientation session for new Commission: review of procedures
City Attorney Luwe briefly highlighted the contents of his memo of January 22,
pertaining to the attorney/client privilege.
He then indicated a willingness to respond to any
questions from individual Commissioners at a later date.
Commissioner Stiff stated that, from reading the minutes and the excerpt from the
MMIA Newsletter, it appears that Commissioners must be extremely cautious about what they
say to their constituents. He registered concern that this
can create a hardship, particularly
when conversing with life-long friends of the family.
City Attorney Luwe noted that this is a very litigious society; and business must be
. conducted with that in mind.
Commissioner Rudberg suggested that, when approached by a constituent about a
problem, a Commissioner can simply say "1'11 look into it"; the City Attorney concurred.
The Commissioners briefly reviewed the sheet entitled "Items for Discussion", dated
January 16, 1996. During that review, Commissioner Stiff requested
that the Commission
rotate discussions as well as motions. Commissioner
Youngman stated her concurrence.
The Commissioners turned their attention to the provision for breaks during the
Commission meetings. They determined that, rather than the policy adopted in 1983, under
which five-minutes breaks are to be taken every hour, it would be more appropriate to provide
for a fifteen-minute break upon Commissioner request.
City Attorney Luwe reviewed the protocol for Commissioners to vote on items for which
. they did not attend the public hearing. He stated that, under State law, a Commissioner may
familiarize himself or herself with the materials submitted and the testimony received during the
public hearing and then participate in the decision-making process. He noted that this can be
accomplished through reviewing any written materials submitted, listening to tapes from the
hearing and reading the minutes. He suggested that, to avoid any questions at a later date, if
01-22-96
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~
a Commissioner has not been present at the hearing but has familiarized
himself or herself with
the record and plans to participate in the decision-making process, an
announcement to that
effect should be made early in the discussion. He stated that if a Commissioner
has not met
those requirements, he or she must abstain from the decision-making process.
. Commissioner Stiff stated his concurrence with the City Attorney's comments. He
noted that the Commission has been challenged on this issue in the past
and, since the
Commissioner has met the statutory requirements, the decision has withstood
those challenges.
City
Attorney Luwe stated he intends to revise the Rules of Procedure, for Commission
consideration and action, since they have not been updated since 1989.
He recognized that,
with the change in day for distribution of packets, changes in several
other deadlines will be
necessary. He then asked that the Commission address the issue of "late
submittals", which
are items received after a public hearing has been closed but before the
decision has been
made.
He noted that at the present time, those items are stamped with the "late submittal"
stamp and distributed to the Commissioners when they are received because
the Commission
has not authorized the staff to hold its mail. The Commissioners requested
that staff hold all
. "late submittals" until after the decision has been made and then distribute
those items,
possibly in their mailboxes.
City
Manager Wysocki asked the Commission to remember that the City staff must
operate under the intent and provisions of the resolutions and ordinances
which they have
adopted. He further asked that if the Commissioners are not satisfied with
the way the staff
is operating, they should look at the resolutions and ordinances to determine
if a change is
required.
Commissioner
Stiff asked that staff draw the Commission's attention to areas they feel
may need changing, particularly if it is in the City's best interests.
Mayor
Stueck stated that all of the Commissioners have received a copy of the job
descriptions which Clerk of the Commission Sullivan has written for her
position as well as the
. new deputy position. He asked that the Commissioners forward any comments
they may have
about these job descriptions to the Clerk, so they may be incorporated
in the final documents.
City
Manager Wysocki stated that some of the duties listed under the Clerk's job
description are there because of the fact that the current Clerk has assumed
those duties over
the years and, once assumed, they have not reverted back to a more appropriate
position.
01-22-96
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Commissioner Stiff noted that the Commission has two employees; and the
Clerk of the
Commission is one of those employees.
He stated it is important to hire someone into the
second position within that office that can assume the Clerk's duties when
the Clerk is absent.
He cited Treasurer Riley's recent illness as an example of how quickly
a key employee can be
. removed from the day-to-day functions of the office.
The Commissioners turned their attention to the Rules of Procedure, which
were
adopted in 1989.
The City Attorney stated that he will submit a revised set of Rules for
Commission consideration, which incorporate more gender neutral statements
and the new
Commission meeting times and deadlines that have been established since
the Rules were last
adopted.
Commissioner Stiff stated he feels the Commissioners should receive their
packets either
late Thursday afternoon or early Thursday evening, so they have time to
review the
information.
Mayor Stueck stated an interest in adopting a statement that if an appointed
board and
committee member misses three or five meetings, or whatever number the
Commission
. chooses, then the Commission will appoint a replacement.
City Attorney Luwe noted that such a provision may be included in the by-laws
for some
of the boards. He indicated that if the Commission wishes to establish
that type of provision,
then the ordinance for that board may require amendment.
Responding to Commissioner Stiff, City Attorney Luwe recognized that the
current
public hearing process is less formal than it was previously. He stated,
however, that as long
as the process is consistent and provides an opportunity for everyone to
speak, it is defensible.
The Commissioners requested that a sign~up sheet be incorporated into the
public
hearing process. They recognized that this would serve as a method of accepting
public input
without the necessity of speaking, particularly if that information is
read into the record prior
to close of the public hearing.
. The Commissioners discussed the most appropriate time for Commissioners
to ask
questions during the public hearing process. They determined that questions
should be asked
after the staff presentation and applicant's presentation and then after
all public testimony has
been received, and should be limited to clarification only.
01-22-96
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City Attorney Luwe stated that under "decorum" he will add a statement that anyone
approaching the Commission must address the agenda item only. He noted that will allow for
elimination of the potential of someone trying to serve the Commission with papers pertaining
to an item unrelated to any agenda item in the future.
. Commissioner Youngman questioned if it is in the Commission's best interests to
readvertise every time a vacancy occurs on a board, suggesting it may be possible to simply
draw from the existing pool of applicants.
Responding to Mayor Stueck, the City Attorney suggested that if the Commission
wishes, a box could be added to the application form so that individuals can mark whether they
would be willing to serve on a board other than the one for which they have applied.
The City Manager suggested that the statement at the bottom of the application form
be revised to indicate that the application will be held until the end of the calendar year, which
will allow for easier purging of the files.
Mayor Stueck proposed that the Commission interview applicants for the Design Review
Board and the City-County Planning Board. He recognized that they are advisory
boards;
. however, he noted that they also deal with the public extensively.
Commissioner Rudberg suggested that the Commission systematically meet with the
various advisory boards during work sessions, to maintain a level of communication with them.
Commissioner Youngman noted that the application forms ask for references; however,
the Commissioners don't contact them. She suggested that the listing of references could be
made optional.
Commissioner Frost asked for a clarification on the bases upon which a variance may
be granted.
City Attorney Luwe stated that the Montana Supreme Court has defined hardship as
relating to the physical layout of the site. He indicated that economic hardships
are not
acceptable as a basis for approval of a variance. He stated that if a person purchases a parcel
. with a readily identifiable hardship and then seeks a variance, that is construed as a self-
imposed hardship. He noted that there are instances where a more subtle hardship exists and,
in those instances, a variance could be justified.
Responding to Mayor Stueck, the City Attorney stated this is not a matter upon which
the Attorney General would render an opinion; however, he would be willing to prepare a memo
01-22-96
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if the Commission so desires.
Commissioner Frost stated it is important to ensure that decisions on variances are
based on objectives, and not on whether the Commission likes a project.
City Manager Wysocki asked that the Commissioners let him know if they have asked
. department heads for information. since he wants to keep abreast of their interests. He also
asked that the Commissioners drop by his office when they are in City Hall, so that he can
communicate with them at least briefly.
The City Manager reminded the Commission that, before they become involved in
reviewing the input for possible zone code amendments, the goal setting process for the
upcoming fiscal year must be started. He indicated that the department heads are to have their
input to his office by February 15; and he will forward that information to the Commission in
the following agenda packet, so the Commissioners can begin their goal setting.
Commissioner Stiff asked that staff prepare a map showing the owners of parcels at
minimum of 20 acres in size which are adjacent to city limits.
Mayor Stueck noted that this would allow the Commissioners to take a more proactive
. role in growth patterns in and around the community, including possible addressing of
affordable housing and open space issues.
Commissioner Stiff asked when the Commission will address the suggested future
agenda items that have been forwarded by Mayor Stueck in his memo dated January 12.
Mayor Stueck responded that this items can be incorporated into the agenda whenever
possible. He noted, in fact, that some of them have already been addressed.
The Commissioners had no additional comments or questions about the information
which had been forwarded in their packets.
Adjournment - 9: 15 p.m.
There being no further business to come before the Commission at this time, it was
. moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Stueck; those voting No, none.
01-22-96
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~ 27
-
{ O/Wf/.h~
DON E.
STUECK, Mayor
ATTEST:
.(}~:/h~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
01-22-96
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