HomeMy WebLinkAbout1991-06-24 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 24 1991
The Commission of the City of Bozeman met in regular session in the Commission
Room Municipal Building, June 24 1:91' at 3;30 p.m. Present were Mayor Hawks, Com-
missioner Goehrung, Commissioner Frost, Commissioner Knapp, City Manager Wysocki, City
Attorney Becker and Clerk of the Commission Sullivan. Commissioner Swanson was absent.
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.
M inutes
Mayor Hawks noted that some corrections have been provided to the minutes for
both the May 20 and the May 28 minutes. He then suggested that action on these minutes
be deferred for a period of one week, until a full Commission is present,
The Mayor then deferred action on the minutes of the regular meeting of June 17,
1991 for a period of one week,
Authorize absence of Commissioner Swanson from meeting of June 24 1891 in |i
with Section 7-3-4322(2), MCA
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission authorize the absence of Commissioner Swanson from this meeting in compliance
with Section 7-3-4322(2) Montana Cod* Annotated. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Gvehrung Commissioner Frost
Commissioner Knapp and Mayor Hawks; those voting No nene-
Staff report re setting of time, date, place and fair market value for auction sale of Val-
ley Unit lots
The City Manager submitted to the Commission a memo from Administrative Services
Director Mira] Gamradt dated June zu 19e1' He then distributed a letter from h4iohaa< W.
Delaney, dated June 24, 1991. which was received just prior to the meeting-
Administrative Services Director Gamradt noted that, included in the Commissioners'
pacxets were a copy of the colored map ehmwing the lots currently in private ownership as
well as City-owned property within the Valley Unit Subdivision, along with copies of the
recaps from each of the auction safes which have been held to date. He then reviewed the
contents of his memo noting that several changes have been proposed from those past
sales.
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Toe u/rcot»r stated that eleven R-s lots have been sold over the last six months;
and he proposes the sale of six more R_a lots in this sale. He indicated that the eight
platted R-s Residential--medium-density, lots, which have been rezoned under the interim
zoning ordinance from R-3T8 Res idantia|—med[um-deny/ty--tow"house, are also proposed
for this sale. He indicated that the 51 R-o Residential--high-density, lots or+ proposed
for sale as a single block; and the City has received inquiries which reflect interest in
possible acquisition of those lots.
Director Gamrodt stated that the proposed fair market values for this sale have
changed substantially from those for past auction sales. He indicated this is due, in part'
to a recent legislative change which allows the City to pursue sale of lots not sold at the
auction at fair market value after the close of the auction. He stated that the minimums
which have been established for the K-3 lots reflect the average of the actual prices for
the lots which have been sold in past auction sales.
The Director then stated that the fair market values for the former R-3TH zoned
lots have been set, based on the fact that each lot is approximately one acre in size. He
noted that six of those lots have been included in one bunch while the remaining two lots,
which are across the street, have been included in another bunch.
Administrative Services Director Gamradt stated he recognizes that y|admg this
number of lots in the auction sale, at the higher fair market value, could result in not all
of the lots being sold at the auction; however, he noted that with the flexibility to negoti-
ate with individuals after the salu, he feels they can be ov|d. He then stated that the is-
sue of including all 51 0-4 zoned lots in a single group has been discussed extensively by
staff as well as the Commission's subcommittee which has been addressing this Issue. He
noted it was determined that when all things are taken into consideration, it would be
best to sell all of those |ntp as a single unit rather than selling individual [nts, a few at a
time over an extended period of time. He stated that in making a determination on fair
market value, staff projected the amount needed per lot, if sold over a period of time, at
$w and then converted that to present value to establish the amount needed for selling
them as a unit at this dmo.
Director Gamradt stated that the subcommittee recognizes that the City will assume
a risk by placing all of these lots on the market at this time, and the potential that some
change in the market might cause the purchaser to default. He noted however that as
houses are placed on those lots and on the tax r*||s it will help to alleviate the tax bur-
den which currently exists because of the special improvement districts in this subdivision.
The Director then reviewed the recommended terms for financing noting that they
are the same for all of the R-s lots as they have been in the past. He stated those terms
would include sV percent down, with the City financing the remaining so percent at
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8-percent interest over a period of two years, with semi-annual payments due on quarters
opposite the due dates for special assessments and taxes with no prepayment penalty. He
stated that purchasers are to assume all future SID payments, with all delinquent S/D's
being written off. Also the City will bring property taxes current' with no delinquencies
remaining; and title insurance will he furnished to the uuyer. He then stated that the
fair market value for the sl R-4 lots is quite high because of the number of lots involved;
thercrvre, he would recommend some revisions for that financing. He suggested that the
successful bidder be required to put 40 percent down, with the remaining 60 percent to he
financed at 8-percent interest over a period of five years. He noted that the State stat-
utes set the interest rate at A percent, and allow financing over a period of up to five
years; and he feels this proposal is appropriate.
City Manager Wysocki responded to Mr, Dc|anvy's letter of June zo. He stated that
Mr. 0doncy has shown interest in developing various portions of the subject area over the
course of his ownership; however, to date he has taken no steps to actually begin such
development. He then stated he feels it is important for the City to move ahead with this
proposed auction sale, placing the lots in ownerships which wi|i more likely undertake de-
velopment.
Responding to Commissioner Frost Administrative Services Director Gamradt stated
that by financing the balance due on these |ms the City is acting as a bank. He noted
that with 40 percent down, the new purchaser will be very reluctant to walk away from
these lots; however, if he does' the City has the ability to immediately take the property
bark. He stated' that if the new owner defaults on the loan after some of the lots have
been sold, the City can take hack those lots not in tbiru party ownership,
The City Manager reminded the Commission that the City will be paying all hack
taxes on these lots; and all delinquent special assessments will be written nff. He noted,
therefore, it is important for the City to react immediately to any defaults which may occur
as a result of this auction sale. He then pointed out that, to date, there have been no
dotuv|ts on lots purchased through this auction sale process.
Administrative Services Director Camradt stated that staff has tentatively scheduled
this auction for 2:00 p.m. on Thursday July 25 in the Commission Room. He noted that
staff has not yet determined whether it will be necessary to retain an auctioneer for this
sale.
It was moved by Commissioner Frost, seconded by Commissioner Knapp' that the
Commission establish the fair market values for lots to he sold at public auction set for
z:uo p.m. on Thursday, July z* 1991 in the Commission Room located at City HnU as
fol lows:
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and that the terms of the sale be set forth as follows:
For the R-3 lots:
50 percent of the purchase price as the down payment; the balance to
he carried by the City for a two-year period at an interest rate or 8
percent with semi-annual payments to be made in quarters opposite
the due dates of taxes and assessments, with no prepayment pena
purchasers are to assume all future 5|D payments; all delinquent
S|o'a will be written off; the City will bring property taxes current,
with no delinquencies remaining; and title insurance will be furnished
to the buyer-,
For the R-4 lots:
40 percent ofthe purchase price as the down payment; the balance to
be carried by the City for a five-year period at an interest rate of 8
percent with semi-annual payments to be made in quarters opposite
the due dates of taxes and assessments, with no prepayment pena
purchasers are to oosoma all future SID payments; all delinquent
5|0's will be written off; the City will bring property taxes current,
with no delinquencies remaining; and title insurance will be furnished
to the buyer;
and that Security Title Company be retained for said sa}e. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none.
uest from Library Board of Trustees - budclet amendment for Fiscal Year 1990-91
City Manager Wysocki distributed to the Commission a memo from Karen Vinton,
Chairman of the Library Board of Trustees, dated May ln 1991.
Mrs. Vinton reviewed the contents of the memo, stating that the requested budget
amendment is to provide funding to cover a $2 annual pay raise for the Library Direc-
tor, retroactive to January l 1991, She noted therefore, that the budget amendment ,e-
quested for Fiscal Year 1990-91 is in the amount of $/ for the pay raise plus $76.50 to
cover the additional social security costs associated with that increase.
Mrs. Vinton stated that the Library Board of Trustees is requesting this pay in-
, crease for several reasons, which include recognition of his continuing outstanding perfor-
mance, his longevity of service, to bring his salary in line with those of other directors of
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Lot�
!Block�
Fair Market Value
R-3
/
$ 9,836
z
n
$ o
3
$ 9
u
n
$ 9
S
rl
$ 9
6
z1
$ 9
R-] (formerly R-3TH)
6-lot block
$ 22
2-lot block
$ 17
R-4
51 lots
$167
and that the terms of the sale be set forth as follows:
For the R-3 lots:
50 percent of the purchase price as the down payment; the balance to
he carried by the City for a two-year period at an interest rate or 8
percent with semi-annual payments to be made in quarters opposite
the due dates of taxes and assessments, with no prepayment pena
purchasers are to assume all future 5|D payments; all delinquent
S|o'a will be written off; the City will bring property taxes current,
with no delinquencies remaining; and title insurance will be furnished
to the buyer-,
For the R-4 lots:
40 percent ofthe purchase price as the down payment; the balance to
be carried by the City for a five-year period at an interest rate of 8
percent with semi-annual payments to be made in quarters opposite
the due dates of taxes and assessments, with no prepayment pena
purchasers are to oosoma all future SID payments; all delinquent
5|0's will be written off; the City will bring property taxes current,
with no delinquencies remaining; and title insurance will be furnished
to the buyer;
and that Security Title Company be retained for said sa}e. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none.
uest from Library Board of Trustees - budclet amendment for Fiscal Year 1990-91
City Manager Wysocki distributed to the Commission a memo from Karen Vinton,
Chairman of the Library Board of Trustees, dated May ln 1991.
Mrs. Vinton reviewed the contents of the memo, stating that the requested budget
amendment is to provide funding to cover a $2 annual pay raise for the Library Direc-
tor, retroactive to January l 1991, She noted therefore, that the budget amendment ,e-
quested for Fiscal Year 1990-91 is in the amount of $/ for the pay raise plus $76.50 to
cover the additional social security costs associated with that increase.
Mrs. Vinton stated that the Library Board of Trustees is requesting this pay in-
, crease for several reasons, which include recognition of his continuing outstanding perfor-
mance, his longevity of service, to bring his salary in line with those of other directors of
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comparable libraries in the state and the rcgkm to retain a director of his caliber, and to
recognize his recent election as Vice President/President-Elect of the Montana Library As-
sociation.
Mrs. Vinton stated that this year's budget for the Library is nearly on track for
this year, being slightly over in the salaries |/nu item because of adjustments that were
not included in the initial budget request; and the operations portion of the budget will be
slightly under the budgeted amount. She then noted that the Library has generated ap-
proximately $za ' 000 more in revenues than anticipated.
Responding to the City Manager, Mrs. Vinton stated that the PEPS contribution was
not included in the Board's request for budget amendment.
City Manager Wysocki then distributed to the Commission two sheets of comparative
data for various department and division head positions within the City' as or May 1991.
He noted that comparative data reveals that the Library Director is currently at 703 per-
cent of the average for that level of position within the City's pay structure.
Commissioner Knapp noted that the figures at the top of the columns for the vari-
ous communities reflects the years of service in that location. Responding to the Mayor,
she stated the total years of experience are not reflected in the data submitted.
Mrs. Vinton stated that in developing its recommendation, the Board took into con-
sideration the Director's performance in joint goal setting and attempts to achieve those
goals throughout the year' his longevity, salary surveys of the region, and salaries paid
at comparable libraries in the state.
City Manager Wysocki reminded the Commission that he requested mid-year salary
adjustments for the department heads listed on the one comparison sheet; and the same
comparative information was considered at that time. He then noted it is imperative to
consider the position and the requested salary with those at the same level witb]n the City
structure and pay plan, to ensure that it does not become disproportionate. He noted that
when he requested the mid-year adjustments, it was to get those employees closer to mid-
rang*.
The City Manager stated that, while he fodo the current Library Director is an ex-
ce0ent man and doing a good job, the overall structure and issues must be considered
when address/mg this type of issue. He noted that much effort has been made to get all
employees to the mid-range level of the pay plan; and even with the mid-year increases
granted' some of the department heads are still well below that level. He cautioned that
to raise one individual into a higher level within the plan cvo|u create some real problems,
a,un though the increase may be justifiable.
Commissioner Knapp rioted that in January, the Director also attended a grant-
writing workshop; and that additional knowledge is very valuable to the Library as well as
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the City. She stated that, as a result of those newly-acquired grantwriting skills, the
Director has written some successful grant applications for the Library as well as the
foundation.
Mrs. Vinton concurred with Commissioner nnapp's comment, noting that the Library
has received a $43,000 grant from the Literacy Council and the foundation has received a
$50 gift from the Taylor Foundation.
Mayor Hawks noted that the proposed increase is to bring the Director into line
with comparable libraries across the state; however, e review of thus* on the comparison
chart reveals that the current salary is solidly in the upper mid-ranga with 0U/nBs being
the only one higher. He also noted chat when compared to the City's nay plan and simi-
lar positions, the present salary appears adequate.
Responding to the Mayor, Karen Vinton indicated that in September, Mr. Cottrell
will have eight years with the City. She noted that the American Library Association re-
port reveals that the 1990 median salary for medium-sized public libraries is $38 for
the west and southwest regions. She stated therefore, that to hire a new director, the
Board will be required to pay ¢38 to $40'000/ ond she feels they should pay one who
is known to be outstanding a similar amount,
Commissioner Frost requested that no action be taken on this request for e period
of one week, since the Commission has just received this information.
It was moved by Commissioner Knapp, seconded by Commissioner Gw;hrung' that
action on this item be tabled for a period of one week to u:VV p.m. on Monday, July 1.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Knapp' Commissioner ooehrung Commissioner Frost and Mayor Hawks; those voting Nn,
none.
Discussi
stallation of sidewalks
The City Manager noted that, included in the Commissioners' packets was a memo
from Assistant City Engineer Craig Brawner, dated June 3, along with an agreement dated
May 1991, and signed by those involved property owners on South Third Avenue and
Montana State University.
City Attorney Decker stated concern about the proposed agreement and the way it
is warded. He cautioned the Commission that the City oaoovc be party to an agreement
under which a tax liability is to be placed against someone who is not being directly bene-
fited. He suggested, therefore, that the agreement should be between |ou percent of the
subject property owners and Montana State University, with financial responsibilities to be
agreed upon by those entitics. He noted that the City will look to Montana State Voivcr-
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sity for paying the costs of installing the sidewalk, if it is installed as part of the con-
tracted work. The City Attorney stated that the Commission will then need to adopt a
resolution which places a moratorium on installation of sidewalks along the subject portion
of the oast side of South Third Avenue for a period of five years, to fulfill the City's ob-
ligation in this proposal.
Responding to the Mayor the City Attorney stated he has not discussed this issue
with anyone other than City staff.
City Manager Wysocki noted that when this proposal way originally submitted, there
were e|*,nn property owners involved; however, tbis agreement contains the signatures of
only six property owners along the east side of the street.
Assistant City Engineer Craig Bra°nor stated that the original proposal included all
property owners along the east side of South Third Avenue between West Grant Street and
Kagy Boulevard. He noted, however, that those property owners between West Grant
Street and South Grand Avenue have decided to install their sidewalks; therefore, this
agreement now involves those property owners along the east side of South Third Avenue
between South Grand Avauop and Kagy Boulevard.
Responding to the City Manager the Assistant City Engineer stated that under this
proposal, there will be continuous sidewalk along the west side of South Third Avenue
from West Grant Street to Kagy Boulevard.
Commissioner Frost stated support for City Attorney Bocker's position. He stated
that he feels the agreement should be between k8SU and the property owners. He also in-
dicated that such an agreement should be forthcoming rather quickly, so the City knows if
that portion needs to be included in the contract for yidewa|k installation.
Responding to Mayor Hawks, Mr. Bob Lushaway Assistant Director of Facilities
Services at MSV indicated a willingness to work with property owners across the street to
develop an agreement regarding installation of sidewalks on only the west side of South!
Third Avenue at this time.
The City Attorney noted that at the time the sidewalks are ordered in on the east
side of South Third Avenue, the City will assess the adjacent property owners for those
coats; and they must enter into an agreement with mSD to cover whatever funding mecha-
nism is detorm,ined appropriate at that time.
Mr- Robert Thurston, lszo South Third Avenue, stated that the original proposal
was to have the property owners along the east side of the street pay the costs of install-
ing the sidewalk along the west side of the street in exchange for an assurance that they
would not be required to install sidewalks for a minimum of ten years. He stated that
since the Commission has agreed to only a five-year commitment, the property owners
between West Grant Street and south Grand Avenue have decided to install their sidewalks
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at this time; and the property owners between South Grand Avenue and Kagy Boulevard
have agreed to pay one -half the costs of the sidewalk installation, with MSU to pay the
other half. He then stated that when the City orders in sidewalks along the east side of
the street, after that five -year period has expired, the adjacent property owners will bear
the entire cost of installing the sidewalk, with no financial participation from Montana 'State
University.
Commissioner Frost reiterated his concern that the agreement be completed prior to
the July 15 deadline for private installation of sidewalks, so the City staff knows if it is to
be included in the contract.
Responding to Mayor Hawks, Mr. Thurston indicated they should be able to com-
plete a signed agreement within two weeks. He noted there is one absent landlord in-
volved; however, he suggested that it may be possible to complete the process prior to the
July 8 Commission meeting.
Responding to Assistant City Engineer Brawner, Mr. Thurston indicated that they
propose to construct the sidewalk on an individual contract, rather than through the
City's contract.
Mayor Hawks requested this item be placed on the July 8 agenda for further dis-
cussion and possible action.
Commission Resolution No. 2837 - intent to vacate that portion of South 7th Avenue line
between West Cleveland Street and West Grant Street
City Manager Wysocki presented Commission Resolution No. 2837, as reviewed by
the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2837
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION
TO 'VACATE AND ABANDON THAT PORTION OF THE SOUTH 7TH AVENUE
RIGHT -OF --WAY LYING BETWEEN THE SOUTH RIGHT -OF -WAY LINE OF WEST
CLEVELAND STREET AND THE NORTH RIGHT -OF -WAY LINE OF WEST
GRANT STREET.
The City Manager reminded the Commission that at last week's meeting, they had
directed staff to prepare this resolution.
Commissioner Goehrung stated his reluctance to proceed with this request; however,
he noted an interest in creating an opportunity for public discussion of the proposed
street vacation.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 2837, declaring the City's intent to vacate
that portion of South 7th. Avenue lying between West Cleveland Street and West Grant
Street, and set the public hearing for July 15, 1991. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost,
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Commissioner Knapp and mayor *w*us/ those voting 0n none.
Discussion date for i ic to recognize City voluntee
The City Manager reminded the Commissioners that this item was requested by Com-
missioner Knapp.
Commissioner Knapp stated that she chocked on possible dates at both the Lindley
Park Center and the Senior Center for the City picnic to recognize City volunteers. She
noted that the Senior Center is available on Wednesday afternoons, suggesting the pos-
sibilities of October z and October 9. she /xeo noted that the Lindley Park Center is not
available on weekday afternoons; however, she stated that Saturday, September 14; Satur-
day, September 21; Sunday, September 22; Saturday, September zD; and Sunday, Septem-
ber Zo are all available. She then reminded the Commissioners that the Montana League of
Cities and Towns Convention is scheduled for September 18-20 in Missoula, noting that
Saturday, September 21 may he difficult to accommodate in their schedules.
The City Manager reminded the Commission that some of the City's volunteers are
younger individuals, and may be involved in scwvv\ or work activities on weekday after-
noons.
Commissioner Cuobrung suggested that the Commission set Sunday September 22
as the date; Mayor Hawks and Commissioner Frost concurred.
It was moved by Commissioner Frost owu*n8md by Commissioner Knapp' that the
Commission net Sunday, September 22 from 2:00 to 4:00 p.m. at the Lindley Park Center
as the time and n|aom for conducting a picnic to recognize City volunteers. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Knapp' Commissioner Goehruog and Mayor Hawks; those voting No, none.
Mayor Hawks suggested that those who have served in volunteer capacities through-
nut the year be invited to attend, as well as those who are currently serving.
Discussion possi b| h of name/address of violations to the zone code regulations
City Manager Wysocki reminded the Commissioners that this item was requested by
Mayor Hawks.
Mayor Hawks stated he had requested this item be placed on the agenda, as a fol-
low-up to previous discussions about zone code enforcement as well as the advisability of
posting building permits and possibly requiring a certificate of occupancy, The Mayor
noted that while these issues have been discussed briefly in the past, no action has been
taken to date.
The Mayor noted that posting of building permits would essentially notify those
walking or driving by a parcel that an approved construction acflviry is taking p|ace. He
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then stated that the requirement for a certificate of occupancy is indirectly addressed
through the building codes; and the Planning Director has suggested it could be easily in-
corporated into the building permit process.
Mayor Hawks stated that he has repeatedly heard concerns that the City is not fol-
lowing up on zone cod= violations; and he feels it is important that the Commission be in-
formed of those issues upon which staff is working. Na stated that Planning Director
Epple has indicated to him that he has prepared a list of those violations upon which staff
has h|ad reports since the last discussion a couple months ago. He recognized that the
City has been operating without a zone code enforcement officer for the past couple
months' He noted, however, that if the Commission has questions or concerns about the
way the enforcement program has been set up' those issues should be addressed now be-
fore the new officer begins work.
Planning Director Andy Eyp|c submitted to the Commission a list of the on-going
zone code violations which have been tabulated to date. He stated that a now zone code
enforcement officer has accepted the position as of today, and will begin work on July zz.
He noted the individual has several years of zone code enforcement experience and many
gnou ideas on how to operate an effective program.
The Director stated that he has discussed the issuance of certificates of occupancy
with Chief Building Official Harlan; and he concurs that it is essential for effective admin-
istration of the zoning and building programs, although he does not have any experience
with that format. The Director suggested that the issuance of such certificates will in-
clude any conditions not completed as of the date of issuance; and if they are not complet-
ed in the time aUotted, the certificate will be lifted.
Planning Director Epp!c stated that it is important that the building community be
made aware of these proposed revisions to the City's zoning and building programs' to en-
sure their success,
The Planning Director than addressed the issue of posting the building permits.
He suggested this could be extremely difficult; and he questioned its effectiveness. He
noted it would be beneficial for easy identification of those projects which have not re-
ceived the appropriate permits; however, he suggested that vandals could easily remove
those signs if they are placed in easily visible places.
Commissioner Frost noted that the list distributed by the Director uvcs not show
any dates, so it is impossible to determine how /nn9 each of these violations may have been
in the system. He also noted that there are 70 sight triangle violations listed; and he
feels those should be addressed an quickly as possible.
Responding to Commissioner Frost, the Planning Director indicated that these re-
cords are currently being processed manua|lly. He noted that Chief Building Official
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Harlan was in the process of computerizing that information when he changed jobs, leaving
the zone omuo enforcement officer position open. He suggested that when the new officer
arrives, one or his first duties will probably he to bring that information up to 'date in a
computerized format; and the information can then be easily retrieved.
Responding to Commissioner Frost the Director indicated it is not possible to re-
spond to every violation notice immediately, particularly with the current staffing levels.
Ua noted that staff presently concentrates on the most blatant and obvious violations, as
well as those which pose an immediate threat to the public health and safety; however, he
noted that only two or three violations can be handled effectively in one week with the ex-
isting workload.
Commissioner Frost noted that the existing enforcement policy was created with no
specific dates or deadlines for the various steps, suggesting it may he necessary to devel-
op a more tightly written policy which keeps the process from stringing out for too long.
Planning Director Epp|a reminded the Commission that they had approved the hiring
of a zone code enforcement officer to help ensure that zone code violations are addressed
in a timely manner. He stated that without someone serving in that position, it is ex-
tremely difficult to maintain an effective timeline or a consistent enforcement program.
Commissioner Frost noted that the general public becomes frustrated with the City
when it seems nothing is being done. He also stated that questions are being raised about
proposals for major building facilities, and whether those will he required to comply with
the conditions attached during the zoning review processes.
Responding to the City Manager, the Planning Director stated that the City's first
zone code was adopted in the 1930 and the code which was replaced by the interim zon-
ing ordinance was adopted in the 1970's'
The City Manager then cautioned the Commission that a zone code has been in place
for an extended period of time in guzmmeo; and the violations to those codes cannot be
remedied overnight. He further reminded the Commission that the zone code enforcement
officer position was recently created, and filled for a very short time before that individu-
al was promoted, leaving the position vacant once again.
Planning Director Epp(e assured the Commission that the Planning staff is as frus-
trated as they are. He noted there are a lot of activities taking place in their office at
the present time/ and reviews of applications are requiring an extensive amount of time
and energy under the curremt codes.
Commissioner Knapp noted that the agenda item suggested that this discussion
would center around the publishing of names/addresses of zone code violations.
The Mayor suggested that has been accomplished by the Planning Director's submit-
tal of the list earlier in this discussion. He stated it is important that the Commissioners
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be aware of those violations being pursued and that status thereof, noting that updates
can be easily provided when this information is computerized. Further responding to Com-
missioner Knapp, he stated it is not his intent at this time to have the namco and address-
es published in the newspaper.
Responding to Commissioner Gnehrung Planning Director Epn/r stated that at the
present time, one of the most difficult stops is determining who is responsible for remedial
action. Hu noted that one often encounters a landlord/tenant situation in which each indi-
cates the other is responsible for addressing the issue; and uod| that is resolved, it is
difficult to resolve the problem. He them stated that staff tries to work with the individu-
als as much as pvnsih|*' rather than turning the issue over for legal action as quickly as
possible. He noted that without a zone code enforcement officer, that tends to drag the
process out further than may be necessary.
Mayor Hawks stated that he is personally "taking a lot of heat" on this issue, not-
ing the rest of the Commissioners probably are as well. He then noted that he had re-
quested this item be p|ncru on the agenda for discussion to ensure that addressing the in-
sue remains o high priority for all involved.
Discussion - FY) Items
The City Manager presented to the Commission the following "For Your Information"
items.
(l) Memo from the CDBG Loan Review Committee dated June zo regarding pos-
sible residency requirements for members of that committee.
The Commissioners suggested this should possibly be an agenda item in the near
future.
(z) Lotter from Fred Parsons, dated June 17 thanking the City for its support
of the summer band concerts at Bogert Park.
(3) Daily minutes from the Gallatin County Commissioners for the weeks of June
s and June }o.
(o) Invitation from the Yellowstone Country Ambassadors to attend the Communi-
ty Economic Development Training Workshop scheduled for Thursday, July 17 beginning at
/:oo p.m. at the GranTraa Inn.
Commissioner Knepp stated her intent to attend; the other three Commissioners in-
dicated they would be unable to attend.
(s) Agenda and packet for the spmdo/ meeting of the City-County Planning
Board scheduled for Tuesday June zs at 7.08 P.m. in the Commission Room.
(s) Copy of a mum" from Environmental Engineer Mike Morgan announcing that
removal of the asbestos contamination from the Front Street right-of-way has been nomp|ut-
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ed. as of June 74.
(7) Cvry of a table showing the relative salt tolerance of various tree species,
printed in the June 7991 edition of Better fRoads, as distributed by Mayor Hawks.
(V) The City Manager submitted his weekly report, as follows. (l) Enforcement
of the weed control ordinance is beginning. (2) The tree maintenance program for the
summer is beginning, with signs being posted in those areas where the tree trimming is to
take place. (a) The water treatment plant has begun 24-hour-a-day operations, with
Hyalite Reservoir water being used as of today. (4) The intermediate interchange plans
are now in hand. The City Manager noted this is one of four stages in the planning pro-
cess, (s) The new sewer TV truck is now in service; and if Commissioners are interested
in viewing it in operation, they may call either him or Director of Public Service to ar-
range such o viewing. (6) Management conducted negotiation sessions with police and fire
this past week. (7) Looked at various roadway options along Sourdough Ridge south of
Kagy Boulevard last week. (o) Congratulated those who participated in the b/d to retain
the CNFR in Bozeman. (9) Announced that the first appraisal for the right-of-way for the
westward extension of Kagy Boulevard has been completed; and a second confirmation ap-
praisal is underway. (10) Announced that the committee looking at the possibility of pur-
suing an urban forestry grant met oast weak and will meet again on Friday. He noted the
committee is considering the possibility of filing e joint city/ county/ school district/state ap-
plication.
(y) Commissioner Knapp stated that most of her activities last womh involved the
rndeo, including the luncheon and parade judging on Wednesday and attendance at the Fri-
day night performance,
(lo) Commissioner Goehrung submitted the following. (l) Announced that tonight
is the last meeting of the ad hoc recycling committee; therefore, he will be /ate to the
public information meeting on the design objective plans being developed for the entryway
corridors. (Z) Noted that Waste Management's advertisement in Sunday's paper, which set
forth the monthly rate to be assessed, confirms that the rates which the City has estab-
lished for the vofume-based rate =ystrm are appropriate.
(11) Commissioner Frost submitted the following, (1) Announced that on Tuesday
evening, he attended the City-County Planning Board meeting, He stated that at that
m*,tios the Board decided to recommend that the POST Committee report he adopted by
joint resolution of the City Commission and the County Commission rather than adopted
through the mast= plan amendment process. (2) Attended the Chamber of Commerce Gov-
ernmental Affairs Committee meeting on Wednesday morning, (s) Attended the luncheon
and parade judging on Wednesday afternoon. (4) Met with the committee working on the
tree grant on Thursday, noting another meeting is upcoming this week. He then stated
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that the deadline for applications is July u.
(zz) Commissioner Frost requested that the draft tree ordinance, which was dis-
tributed at last week's meeting be placed on next week's agenda for discussion. He in-
dicated that he has received some new Information from Mr. o/cx Pp»| and noted that the
FY] item distributed by Mayor Hanks may also contain information which should be incor-
porated into the ordinance.
(13) Mayor Hawks submitted the following. (1) Attended several rodeo-related
[uncuums throughout the week. (2) Attended the band concert on Tuesday evening. (3)
Met with the subcommittee on the Burke property issue. (4) Met with representatives from
the National Endowment for the Arts to begin developing 9|000 for the "Your Town USA"
conference, which is scheduled for this fall. (5) Responded to a number of complaints
from citizens this past week.
(14) Clerk of the Commission Sullivan distributed to the Commission a memo dated
Juno zo along with evaluation forms for the City Manager and Clerk of the Commission.
She noted that a timeline has been set forth within the memo for completion of the forms
and listing of the evaluations on the agonda, indicating it can be adjusted as the Commis-
sion determines necessary.
Following a brief discussion, the Commissioners concurred with the timeline as
proposed.
(15) City Attorney Becher stated that the subdivision issue has now been fully
suumiucu to the District Court in Helena; and he anticipates the Judge will render his
opinion in a timely manner.
(16) Commissioner Knapp asked if there was any significant damage from Sunday's
hailstorm; the City Manager responded he has not heard of anything.
(lr) Commissioner Gnehrung noted that under the consent items listed bc[nw
there are four successful gra:nt applications for monies from the Montana Arts Council,
suggesting that the community needs assessment recently completed is now paying off.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Award bid | services for City Hail, Police/Fire Building, Carnegie
Building and Library for Fiscal Years 1991-92 and 1992-93 - Davis
Maintenance, Bozeman, Montana - $28,740
Approval of loan for housing rehabilitation from the Revolving Loan
Fund (CDBG), as recommended by the Loan Review Committee
Deviati6 Section 18.65.130 of the interim zoning ordinance - 115 North
Bozeman Avenue; per DRB recommendation
Authorize subcommittee to forward off — acquisition of Burke property
Authorize CityManager to sign - Sanitary Sewer Pipeline Easement and
Agreement with Beatrice R. and Susan R. Taylor - Reeves Road
ewer
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-is-
Authorize City Manager to sign - Agreement to Provide Funding from
Montana Arts Council - challenge grant for Beall Park Arts Center -
Authorize CRy Manager to sign - Agreement to Provide Funding from
Montana Arts Council exhibition/ performance space development for
Beall Park Arts Center $3,500
Authorize City Manager to sign Agreement to Provide Funding from
Montana Arts Council - artistic support for Big Sky Music Festival
Big Sky Association for the Arts - $10,000
Authorize City Manager to sign A f r o
_9reement to Provide Funding
Montana Arts Council operational support - Montana Ballet Company
Claims
It was moved by Commissioner Knapp' seconded by Commissioner Goehrung' that
the Commission approve the consent items as listed, and authorize and direct the appropri-
ate parsons to complete the necessary acU"ns. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung Com-
missioner Frost and Mayor Hawks; those voting No none.
Adjournment - 5:10 p.m.
There being no further business to come before the Commission at this bmo it was
moved by Commissioner Gnebrun8 seconded by Commissioner Frost that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Ovuhrung Commissioner Frost, Commissioner Knapp and Mayor Hawks; those
voting wv' none.
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