HomeMy WebLinkAbout1988-11-21
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
November 21, 1988
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, November 21, 1 988 , at 2:00 p.m. Present were Mayor Stiff, Commissioner
Hawks, Commissioner Vant Hull, Commissioner Goehrung, City Manager Wysocki, City Attorney I
Becker and Clerk of the Commission Sullivan. Commissioner Martel was absent in compliance with
Section 7-3-4322(2), M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for dis-
cussion.
Minutes
Mayor Stiff requested that action on the minutes of the regular meeting of November 14,
1988 be deferred for a period of one week, since one of the Commissioners is absent.
Presentation re street maintenance districts - Dick Nisbet, Di rector of Public Service, Helena
City Manager Wysocki stated the Commissioners had requested that representatives from
the City of Helena submit a presentation to the entire Commission concerning street maintenance
districts. He noted that Director of Public Service Dick Nisbet and City Manager Bi II Verwol f
are present for that purpose.
Mr. Dick Nisbet stated that the City of Helena has had sprinkling districts for many
years. He noted that after the law changed in 1983, allowing for street maintenance districts to
address more than dust abatement, the City began funding more of its street maintenance costs
through that mechanism. He stated that when the sprinkling districts were initially established,
there were two--one for the commercial areas and one for residential areas. He noted that with I
expansion of the districts to include other maintenance activities, the boundaries of the commer-
cial areas were revised to include those properties actually receiving the benefits.
Mr. Nisbet stated that the City of Helena decided to take advantage of the new legislation
because 15 to 17 percent of the properties are non-taxable, including a substantial amount of
State-owned property. He indicated the street maintenance districts allow those properties to
pay assessments for the cost of services through this funding mechanism.
Mr. Nisbet stated that any public work on construction, maintenance or repa i r of the
street system may be funded under a street maintenance district. He noted that in Helena, only
repair and maintenance have been funded through this mechanism. He stated that the definition
of "maintenance" contained in the State Statutes allows for any and all of those activities to be
funded from these monies.
Mr. Dick Nisbet stated that the State Statutes require that 75 percent of the entire cost
of the services provided through the maintenance district must be levied and assessed against
the property. He noted that because of this requirement, it is important to have good account-
ing records, briefly reviewing the accounting system they utilize. He then reviewed the five
options for assessment of the costs, which include assessable area, street frontage, equal charge
per parcel, taxable valuation, or any combination of those. He stated that the City of Helena
determined that the assessable area, based on a maximum lot depth of 125 feet, was the most eq-
uitable for their districts.
Mr. Nisbet stated that the City of Helena adopted a phi losophy statement concerning
street maintenance districts; and assessment of the costs is based on that statement. He noted I
that all properties are assessed because they have access to the entire street network. He not-
ed that properties bordering on streets which are maintained by the State Highway Department
as well as those along private streets are assessed since they have access to the City-maintained
streets as well. Mr. Nisbet noted that they do have some dirt streets; and those are assessed
as well since the streets are bladed and receive the same amount of maintenance as the other
streets in the community.
Dick Nisbet covered the percentages of the various activities which are funded through
the street maintenance districts. He noted that an equipment reserve has been established, and
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$19,000 is set aside for that purpose for the current fiscal year. He noted that with the elim-
ination of Revenue Sharing monies, this provides an alternative source of revenue for replace-
ment of equipment needed for maintenance of streets; and that amount may increase over the
years as necessary.
Mr. Nisbet then covered the assessments for commercial and residential properties for the
fiscal years 1983 through 1989. He noted that the amount assessed for commercial properties has
I decreased due to better cost accounting as well as expansion of the commercial districts to in~
c1ude all of the properties receiving the higher levels of service. He noted that the assessments
for residential properties have increased, to reflect the actual costs incurred. He then stated
that the revenues have remained basically the same, even though the assessments to the two
types of property have changed.
Mr. Nisbet reviewed the sources of revenue for the Street Department activities for the
cu rrent fiscal year. He noted that 60.7 percent of the revenues are from the street maintenance
districts, whi Ie Gas Tax contributes 16.5 percent and the General Fund contributes 20.9 per-
cent. He indicated the total budget for these activities is $600,000, noting that does not include
approximately $100,000 spent each year for chip sealing. He then stated that the City has bud-
geted $25,000 from Gas Tax monies for a computerized preventive maintenance program for their
streets. He noted this will allow for a more comprehensive and planned approach to maintenance
of streets than has been utilized in the past.
Mr. Dick Nisbet stated that implementation of the street maintenance districts has provid-
ed a more stabilized revenue source for the street program. He noted that the City has been
able to maintain its level of service, keeping the streets in a relatively good state of repair. He
then reviewed the current assessment rates, noting that District 1 assessments are based on
$.02508 per square foot, and District 2 assessments are based on $.00427 per square foot. He
stated that those figures were determined by dividing the total amount of monies needed by the
total square footages involved in the districts.
Mr. Nisbet then distributed to the Commission copies of the State Statutes concerning
I street maintenance districts.
Commissioner Vant Hull asked about the process of establ ishing street maintenance dis-
tricts followed in Helena.
City Manager Bill Verwolf stated that when the City decided to undertake the project of
establishing street maintenance districts, it was determined that the assessable area would be the
most equitable approach. He noted they do not assess their special assessments like Bozeman
does; therefore, they did not have the square footages for each parcel. He stated that the City
staff worked on developing that information for approximately two years, with little success. He
noted that they then hired one full-time person, who worked approximately one year to gather
all of the necessary information. He noted that individual is no longer retained; and the staff
has absorbed all of the updating duties which is necessary to ensu re accurate records. He stat-
ed that gathering of the information is basically straight forward except when odd shaped lots
are involved; and the engineering staff aided in those computations as needed.
Commissioner Goehrung asked about the advantages and disadvantages of the various
methods of assessment, and why Helena selected the assessable area method.
Bill Verwolf stated that the City reviewed the various options available. He noted that
the front footage does not give any indication of the total area of the lot. Other problems in-
cluded corner lots, with frontages on two sides; and cul-de-sac lots, where the frontage may be
much smaller because of the pie-shaped lots. He stated the staff determined that under this
method, individuals in similar situations could have dramatically different assessments. He stated
the second method considered was the equal charge per lot. That was determined unequitable
I because a large lot could have a much greater impact on the streets than a smaller lot paying
the same fee. He also noted that many of the lots in the older part of town are much smaller
than the newer lots; and most of those houses are built on multiple lots.
Mr. Verwolf then noted that basing the assessments on taxable valuation would have re-
sulted in the same people paying the maintenance district fees as are paying property taxes,
since the non-taxable properties have no taxable valuation. He stated that brought them back to
assessable area; and after review, they determined that the establishment of a maximum 125-foot
depth for the assessable area was the most equitable method. He stated the staff will be ap-
proaching the Legislature with a proposal to add another method now allowed under special im-
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provement districts, which allows for assessment based on the value of benefit to that property.
Mayor Stiff asked if the City is precluded from assessing federal properties.
Mr. Verwolf stated they are. He noted, however, that they have very few federal prop-
erties; and on Iy one has refused to pay the charges. He stated that the law prohibits federal
properties paying assessments; however, in one instance they submit a regular accounts receiv-
able bill and are paid through that mechanism.
I n response to a question from Commissioner Goehrung, Mr. Verwolf stated that the City I
simply expanded the services provided in the two sprinkling districts which already existed. He
noted that expansion of the districts was well accepted by the publ ic, noting that is a much
easier process than establishing a new assessment. He also noted that expansion of the districts
has resulted in a decrease in the General Fund mill levy, although not in direct proportion. He
noted that the street maintenance districts allow the City to maintain its streets better through a
preventive maintenance program, which will result in longer life and less cost for replacement of
those streets.
Commissioner Hawks asked about maintenance of the State highways, as well as Helena's
policy on use of salt on the streets.
City Manager Verwolf stated that the State Highway Department maintains the major pri-
mary roads, while the City maintains the secondary roadway system. He then stated the City
uses only enough salt to keep the sand from freezing and clumping. He noted that in extreme
conditions, the City may salt major intersections and possibly streets to break up thick ice
build-ups.
The Commission thanked Dick Nisbet and Bill Verwolf for their presentation, noting it has
been very helpful.
Ordinance No. 1272 - revising license fees for dogs and establishing registration fees for cats
City Manager Wysocki presented Ordinance No. 1272, as approved by the City Attorney,
entitled:
ORDINANCE NO. 1272 I
AN ORD I NANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON-
TANA, AMENDING SECTION 2 OF ORDINANCE NO. 1085, AS CODIFIED IN SEC-
TION 6.04.020 OF THE BOZEMAN MUNICIPAL CODE.
The City Manager reminded the Commission that they had provisionally adopted this or-
dinance at their November 7 meeting. He noted that included in the packets was a memo from
Don Barrick requesting permission to address the Commission concerning this issue. He a I so
noted that letters from Mr. Neal Ri ley and the Humane Society were received this morning and
distributed just prior to the Commission meeting. The City Manager then briefly reviewed the
revisions which the Commission had previously made to this ordinance, which include provisions
for a semi-annual license for first-time licenses and typographical errors which were changed in
the second portion of the ordinance. He then stated that this ordinance increases the fees for
dog licenses and establishes registration fees for cats.
Mr. Don Barrick, 1901 South Tracy Avenue, submitted to the Commission a petition con-
taining 492 signatures in opposition to the proposed ordinance. He read the petition, noting
that they are opposed to the proposed fees because (1) increased fees cannot make a responsible
pet owner; (2) increased fees penalize the responsible pet owner; (3) increased fees are simply
a revenue generating measure; (4) licensing is for the purpose of preventing the spread of
rabies and for identification purposes (neutering or spaying has nothing to do with it); and (5)
the new proposal provides for no additional enforcement. Mr. Barrick briefly expanded on the
five points enumerated above. He noted that the increase in fees cannot make a responsible pet
owner; and in some instances, people who are now purchasing licenses have indicated they will I
quit doing so if the fees are increased. He suggested that an educational program could be
beneficial, noting something possibly could be done through the Humane Society.
Mr. Don Barrick noted that the City currently pays between $1,300 and $1,800 to the
Humane Society each month for their operation. He suggested that to get other governmental
agencies involved in funding that operation could decrease the drain on City revenues; however,
raising of license fees wi II not adequately address it. He then stated that spaying or neutering
of animals is a personal choice and should not be a part of establishing license fees. He indi-
cated that increases in license fees have been discussed time and time again; and they only
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serve as a means to increase revenues. He further noted that the proposed license fee increase
does not include any provision for increased enforcement. He suggested that the answer is to
adequately enforce existing regulations, including possibly establishing a minimum fine which the
City Judge must impose on all violations.
Mr. Barrick then stated that he reviewed the 492 signatures on the petitions. He esti-
mated that 10 percent of those are from outside city limits or are invalid. He then submitted the
I petition to the Clerk of the Commission.
Commissioner Vant Hull noted that Mr. Barrick worked for the City for several years.
She then asked him if he feels the fees should not be raised for several years, unti I they be-
come a problem as other fees have in the past.
Mr. Barrick indicated he does not; however, he stated that he does not feel that doubling
the fees is the answer in this instance.
Commissioner Hawks asked if pet owners should be responsible for the costs of the serv-
ices and enforcement necessary, as long as everyone pays their fair share.
Mr. Barrick responded that enforcement is the problem. He then suggested that the City
hire college or high school students to go from door to door in the summer to register dogs and
cats. He noted it has been done successfully in the past.
Commissioner Goehrung asked about citizen response to such an activity.
Mr. Barrick indicated it was last done in the late 70's or early 80's and worked well. He
noted that the monies collected through the effort more than offset the costs involved.
I n response to a question from Commissioner Vant Hull, Don Barrick indicated that a dif-
ferential for spayed or neutered dogs was previously established, and he has no problem retain-
ing it.
Mr. Warren Stone, non-resident of the city, questioned by what authority the City Com-
mission writes ordinance to control animals or require licenses of any kind, as well as the au-
thority for writing citations. He then quoted various sections of the Constitution and reviewed
the th ree ty pes of cou rts.
I Mayor Stiff noted these are legal issues which should have been addressed to the City
Attorney prior to the meeting.
Mr. Don Reichmuth, 622 South 6th Avenue, stated that he has used live traps inside his
six-foot fence to successfully catch stray cats, as well as a skunk. He then stated that cats are
becoming a problem, using his flower beds as a potty box. He further noted that presumably
responsible people walk their dogs, often on leashes; however, they stop for the dogs to per-
form their duties in someone else's front yard. Mr. Reichmuth stated he is not certain that the
licensing mechanism is the way to address some of the problems which exist; howeve r , he feels
the problem needs to be addressed.
Commissioner Vant Hull asked Mr. Reichmuth if he would support a pooper scooper re-
quirement; and he indicated he would.
Mr. Don Borgeson, 311 Teton, stated he does not support the proposed ordinance. He
indicated he has a dog which is tied and a cat which does not roam.
Ms. Nicholson, 301 North Wallace Avenue, stated she does not feel that licensing cats will
address the problem.
Mrs. Eva M. Hays, 708 South Grand Avenue, stated she also has problems with cats us-
ing her yard and flower beds. She stated that licensing will help to identify cats when they are
caught in live traps, and help to determine if they are pets or strays. Mrs. Hays then stated
that she feels the dog problem has been basically resolved.
Mr. Le Roy Schweitzer, resident from outside city limits, asked the Commission several
questions concerning their jurisdictional powers.
I I n response to a question from Mayor Stiff, he indicated that he had not previously dis-
cussed these issues with the City Attorney. He then indicated he would like to receive answers
to these questions as soon as possible.
City Manager Wysocki requested that Mr. Schweitzer submit the questions in writing, in
the appropriate context, indicating that responses will not be prepared until the formal request
is received.
Mr. Ellsworth Hastings, 416 South 6th Avenue, stated the problems with cats can do
nothing but improve. He indicated the cat manure and dog manure around his house are bad,
stating he does not blame the animals but rather their owners. He then stated support for the
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proposed ordinance and the efforts which the City is making to address the issue.
Mrs. Connie Lien, Animal Control Officer, stated that when she began her position in
December 1977, 100 percent of her work was dog related. She noted that there were two offi-
cers; and they wrote 100 to 200 tickets each month. She stated in the last five years, the sit-
uation has changed dramatically, noting that she is now the only officer. She indicated that she
addresses 70 to 80 cat complaints each month, estimating that approximately 40 percent of her
time is now spent in that area. I
Mrs. Lien stated that she supports the proposal to register cats, noting that when one is
picked up it will help to more quickly identify the animal and the owner. She then stated she
does not have any problem with raising of the dog license fees in terms of enforcement; how-
ever, she feels that the bonds for citations issued should be raised accordingly. She also stated
that a minimum fine might be beneficial, noting that at the present time, at least a portion of the
fee is often waived.
Mrs. Lien then stated that she does support the differential in fees for licensing of
spayed or neutered animals and unspayed or unneutered animals. She noted that it does en-
courage pet owners to have their animals spayed or neutered to keep the costs of licensing rea-
sonable. She also noted that unspayed or unneutered animals are more often involved in biting,
barking and habitual at-large offenses.
Commissioner Goehrung asked if dogs with collars and licenses are treated differently
from unlicensed dogs.
Mrs. Lien stated that when she picks up a dog with a license, she radios the station to
find who the animal belongs to. She indicated if it is close, she tries to deliver the dog, issu-
ing a citation at that time. She noted that eliminates the impound fees for the owner and re-
turns the animal to its owner in the most expedient manner possible.
Mrs. Lien then reminded the Commission that the existing ordinance addresses animals at
large. She stated that at the present time, however, she picks up cats on a complaint basis
only. She then indicated there is now a break-away collar for cats, which could make wearing
of a tag much safer for the animal. I
Commissioner Hawks asked what percentage of unlicensed animals are retrieved by their
owners.
Mrs. Connie Lien stated that approximately 70 to 80 percent of the dogs are reclaimed.
Mayor Stiff asked when the license fee was last raised; however, the staff was unable to
respond. He then noted that some people have expressed concern that this is a revenue gen-
erating measure; however, he stated the costs of this service are much higher than the revenues
generated.
Mayor Stiff then asked about the issue of increasing the bond for these offenses.
City Manager Wysocki reminded the Commission that the judicial branch of the government
is separate. He stated he has discussed this issue with the City Judge, suggesting that he may
wish to increase his bond schedule accordingly. He then suggested that, even though the Com-
mission may establish a minimum fine, the Judge may still have the right to suspend a portion or
all of that fine. The City Attorney concurred in that statement.
Commissioner Hawks asked what percentage of dogs in the community are currently un-
licensed. Mrs. Lien stated that just under 600 dog licenses have been issued this year, estimat-
ing that represents 10 to 20 percent of those in the city.
Commissioner Vant Hull asked Connie Lien about her experience of going door to door.
Mrs. Lien stated that a few years ago, she and the other officer would go door to door when-
ever possible. She noted that effort met with good response; however, it was too sporadic to
provide substantial results.
Commissioner Goehrung asked if it would be possible to require that an owner purchase a I
license before the animal is released from the Humane Society, possibly allowing that facility to
sell licenses as well as City Hall.
The City Manager stated that is a part of administration of the ordinance. He indicated
it can be adequately addressed through an agreement between the City and the Humane Society.
He indicated that a portion of the monies from the licenses issued by the Humane Society could
be retained by that facility to cover their administrative costs.
Commissioner Hawks suggested that the total costs of the program be determined and that
the number of animals to be licensed be estimated. He indicated that he feels that those using
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the services should pay for them, rather than the remainder of the community paying a majority
of the costs.
City Manager Wysocki indicated that at the present time, licensing generates $3,700 to
$4,000 in revenues while the program costs approximately $30,000. He then stated the primary
reason to increase the fees is to improve enforcement, not to generate additional revenues.
Commissioner Goehrung stated it is important for fees to stay relative through the years,
I rather than having them remain at the same level for an extended period of time. He then ex-
pressed concern about penalizing the responsible pet owners by increasing the license fees while
those less responsible don't license their animals. He also questioned the adverse response
which might be incurred by having someone go door to door to license dogs and register cats,
noting the article concerning that issue in Belgrade recently.
Commissioner Vant Hull stated that an educational effort can help alleviate negative re-
sponse. She noted that in the past, the City has not incurred those problems during the door-
to-door efforts. She then indicated she had not realized the extent of the cat problem, noting
that she has received telephone calls supporting a registration fee for cats equal to that for
licensing of dogs.
Mrs. Sandy McCarl, 105 East Cottonwood, stated she is the one who went door to door in
Belgrade. She stated the article in the Bozeman Dai Iy Chronicle was inaccurate, noting that she
went from door to door with the approval of the Chief of Police and with the support of the City
Manager and the City Judge. She noted that she was courteous and was well received. She
stated that she worked with the public, allowing them an extended period of time to license their
animals if finances were a concern. She indicated that a similar program could work well here.
Commissioner Goehrung asked that the staff determine the last time the license fees were
increased and a comparison of these fees with others in the City structure. He also requested
information which would support the proposed increase in fees.
Commissioner Hawks stated an interest in including a minimum fine in the ordinance. He
noted that, even though the City Judge has the ability to waive a portion of that fine, to have a
I minimum fine in the ordinance may give the City Judge a basis on which to assess the fine.
City Attorney Becker stated he needs time to review the existing Code prior to making a
decision on this suggestion.
City Manager Wysocki noted that the revenues from the license fees have not covered the
costs of the program in the past. He stated that if the philosophy is to change the fee struc-
ture so it covers the costs, the proposed fees will not be adequate.
Commissioner Hawks asked what the costs of the program are and what the revenues
would be if all of the dogs and cats in the community were licensed. He noted that any revision
in the fees should be based on those figures.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that action
on Ordinance No. 1272 be tabled for a period of one week to allow staff an opportunity to ad-
dress the Commissioners' questions. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Hawks, Commissioner Vant Hull and Commissioner
Goehrung; those voting No being Mayor Stiff.
B rea k - 3: 57 to 4: 03 p. m.
Mayor Stiff declared a break from 3:57 p.m. to 4:03 p.m., in accordance with Commission
policy established at their regular meeting of March 14, 1983.
Staff report - annexation requested by Montana Department of Fish, Wildlife and Parks - 23+
acres located in the Si SW-k, Section 11, T2S, R5E, MPM (located along north side of U. S. 191
just west of Main Mall)
I City Manager Wysocki noted that a copy of the staff report was included in the packets.
Planner Ron Brey reviewed the staff report. He reminded the Commission that the State
of Montana Department of Fish, Wildlife and Parks, submitted a request for annexation of a
21.52-acre parcel located in the south one-half of the southwest one-quarter of Section 11 ,
Township 2 South, Range 5 East, Principal Meridian of Montana. The subject site is more com-
monly located along the north side of U.S. Highway 191, just west of the Main Mall.
Planner Brey stated that during review of the application, the staff found a 33-foot strip
between the subject parcel and the eastern boundary of the Valley Unit Subdivision. He noted
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that in the report, the staff has recommended that the 33-foot strip also be annexed in a depth
equal to the depth of the State land. He noted that since that time, the staff has reviewed the
situation further and wou Id recommend that the Commission include the 33-foot strip from West
Main Street to West Babcock Street.
Planner Ron Brey reminded the Commission that the Department of Fish, Wildlife and
Parks requested a Master Plan Amendment for the subject parcel, which was approved. He not-
ed the south five acres of that parcel have been designated as surplus land and will be sold foI- I
lowing rezoning. He noted that this proposed annexation will include the 16+ acres upon which
the fish ponds are located. The Planner stated that review of the proposed annexation resulted
in concerns about access and trip generation, noting that improvement of U. S. 'Highway 191 is
scheduled for 1991.
Planner Brey stated that the 33-foot strip which the staff has proposed as inclusion in
the annexation is in one private ownership at the present time. He noted it is located along the
westerly edge of Section 11 , being originally platted as a ditch right-of-way. He stated the
County vacated that right-of-way in 1951 . The Planner then suggested that the right-of-way
for Fowler Road be relocated so that the section line is the centerline of the right-of-way. He
stated that when the Valley Unit Subdivision was originally platted in 1980, the entire right-of-
way for Fowler Road was located west of the section line; and utility lines were installed accord-
ingly. He noted that the plat for that phase of the development has since expired, indicating
that the roadway could be relocated but utility easements must be provided for the existing
lines.
The Planner stated that Director of Public Service Forbes has recommended that the fish
ponds be accessed from Fowler Road after that roadway has been constructed, to alleviate some
of the traffic problems on U. S. Highway 191.
Planner Brey stated that the subject application was received prior to adoption of Com-
mission Resolution No. 2716; therefore, the proposed annexation was reviewed in accordance with
Commission Resolution No. 2617. He stated the proposal was found to be generally in compliance
with the goals and policies as set forth by the Commission. He suggested, however, that the I
Commission require payment-in-lieu of water rights on the five-acre pa rce I declared surplus
property prior to annexation and prior to development, which is in conflict with the existing an-
nexation pol icy . He then noted that because State land is involved as well as contiguous land in
private ownership, the proposed annexation must be reviewed and considered under two separate
State statutes; however, the processes are very similar.
The Planner stated that the staff has recommended that a waiver of protest for the crea-
tion of SI D's be required for Fowler Road as well as for U. S. Highway 191 and possible need for
signalization. He noted that development of the subject parcels could require improvements to
the highway in addition to the proposed improvements which have been scheduled by the High-
way Department.
Mr. Paul Kinshella, Sanderson/Stewart/ Gaston Engineering and Surveying, indicated that
the firm represents the State of Montana Department of Fish, Wildlife and Parks. He stated the
applicant is in general concurrence with the staff report, noting that most of their concerns can
be addressed in the Annexation Agreement. He then asked that the Commission follow its policy
concerning payments-in-lieu of water rights, rather than requiring the payment prior to annex-
ation or development. He noted that if the payment-in-Iieu of water rights is determined at the
time of development, a more accurate figure can be determined than would be possible at the
present time because of the varied uses allowed in a B-2 district.
Planner Brey asked the Commissioners if they wish to include the entire 33-foot strip
from West Main Street to West Babcock Street in this annexation. The Commission concurred the
entire strip should be included; and the Planner indicated the legal description must be revised I
accordingly.
City Manager Wysocki presented Commission Resolution No. 2730, as approved by the City
Attorney, entitled:
COMMISSION RESOLUTION NO. 2730
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON-
TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIG-
UOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIB-
ED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO IN-
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CLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
The City Manager noted the legal description for the second parcel must be revised to
reflect the entire 33-foot strip, in accordance with the Commission's determination. He then rec-
ommended that the Commission adopt Commission Resolution No. 2730, as revised, and set the
public hearing for December 19, 1988.
It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the
I Commission adopt Commission Resolution No. 2730, as revised, stating the City's intention to an-
nex the subject parcels, and set the public hearing for December 19, 1988. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commission-
er Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none.
Discussion - FY I Items
City Manager Wysocki presented to the Commission the following IIFor Your Informationll
items.
( 1 ) Agendas and packets for the Zoning Commission meeting to be held on Tuesday,
November 22.
(2) A letter from Dorsey and Whitney concerning proposed legislation, as submitted by
Daria Joyner, Bozeman Area Chamber of Commerce. The City Manager stated that staff will re-
view the proposed legislation to determine any impacts on local governments.
(3) A copy of a letter from the State of Montana Department of Health and Environ-
mental Sciences to Roger Sicz, Superintendent of Streets and Sanitation, concerning operation of
the landfill. The City Manager noted that the letter suggests a landfill compactor may be ben-
eficial; and that item will be included in the capital improvement program.
(4 ) The City Manager stated that as of this morning, nine applications have been sub-
mitted for the steering committee, noting the deadline is noon tomorrow.
(5) The City Manager stated that the bowling team from City Hall bowled for the Big
Brothers and Big Sisters yesterday. He indicated that between the City Hall and Fire Depart-
I ment teams, over $530 was raised for the benefit.
(6) The City Manager announced a Montana League of Cities and Towns District 10
meeting to be held at 6:00 p.m. on Tuesday, December 13. He indicated it is to be a sit-down
dinner with local legislators at the Baxter Hotel.
(7) Commissioner Vant Hull stated she had reviewed the petition submitted earlier in
the meeting. She indicated that it appears 26 percent of those signing are from outside the city
limits, if all post office boxes are considered out of the city.
(8) Commissioner Vant Hull distributed to the Commission three newspaper articles.
The first article concerned an increase in the monthly cable charge for Cox Cable, located in
Spokane, Washington. She noted that Spokane requires the company to pay a 5 percent fran-
chise fee. The second article concerned the Lafayette Cemetery in New Orleans, Louisiana,
where the cemetery is for the living. The third article was from the Billings Gazette, concern-
ing the stance the City Council in Billings has taken toward legislative proposals for gambling.
The Commissioner then suggested that this should possibly be a topic for discussion by the City
Commission sometime in December, when an agenda is relatively light.
Commissioner Hawks asked if the League has taken a position against State control of
gambling.
City Manager Wysocki stated that Bozeman is the only community which has indicated op-
position to gambl ing. He then indicated he will try to obtain information concerning the propos-
ed legislation prior to any Commission discussion of the issue.
(9) Commissioner Goehrung indicated he attended the third session of the Leadership
I Bozeman seminar on Thursday. He noted the topic of discussion was economic development, and
the organizations involved at the present time.
(10) Commissioner Goehrung indicated he has received an invitation to participate in a
city-wide meeting concerning recycling and garbage. He extended the invitation to all other in-
terested Commissioners, stating he will verify the date and time of the meeting.
( 11 ) Mayor Stiff stated he and City Manager Wysocki attended the Chamber of Commerce
retreat on Wednesday; and he feels it was very beneficial. He stated one interesting item was
that there may be monies available for beautification projects during the upcoming year, which
the City should pursue.
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(12) Mayor Stiff stated he has prepared a summary of activities for the past year and
has submitted it to the newspaper for inclusion in an issue during the upcoming week.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation - "Home Care Week" - November 27 through December 3, 1988
Re uest for one- ear extension of Preliminar Minor Plat of the Amended Subdivi-
sion Plat of Block 2, Westlake's ourth ddition, to December 15, 1989 I
It was moved by Commi ssioner Goehrung, seconded by Commissioner Hawks, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate per-
sons to complete the necessary actions. The motion carried by the following Aye and No vote:
Those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull
and Mayor Stiff; those voting No, none.
Recess - 4:58 p.m.
Mayor Stiff recessed the meeting at 4:58 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Public hearing - Conditional Use Permit - Suzanne Anderson - allow the operation of a private
elementar school on Tract B, Amended Subdivision Plat of Lots 1-12, Block 20, Butte Addition
1422 South Willson Avenue)
This was the time and place set for the public hearing requested by Suzanne Anderson to
allow the operation of a private elementary school on Tract B, Amended Subdivision Plat of Lots
1-12, Block 20 of the Butte Addition. The site is more commonly located at 1422 South Willson.
City Manager Wysocki stated that the Zoning Commission has not yet considered this ap- I
pi ication. He then recommended that the Commission open and continue the public hearing until
such time as the Zoning Commission submits its recommendation.
Mayor Stiff opened and continued the public hearing until a recommendation is received
from the Zoning Commission.
Public hearing - Ordinance No. 1273 - revisions to business license ordinance
This was the time and place set for the public hearing on Ordinance No. 1273, entitled:
ORDI NANCE NO. 1273
AN ORDINANCE CONTAINING ALL GENERAL LICENSING PROVISIONS OF THE
CITY: REQUIRING COMPLIANCE BY PERSONS REQUIRED TO OBTAIN LI CENSES:
ESTABLISHING A UNIFORM SYSTEM FOR THE AUTHORITY OF THE CITY LICENSE
OFFICER: AND PRESCRIBING PENAL TIES FOR THE VIOLATION OF ITS PROVI-
SIONS.
Mayor Stiff opened the public hearing.
Administrative Services Director Miral Gamradt briefly reviewed the revisions which are
contained within the subject ordinance. He noted that in January the Commission appointed an
ad hoc committee to review this issue and submit recommendations. He noted that the committee
met over a period of five months, after which they submitted a majority report and three minor-
ity reports. He noted the Commission previously discussed those recommendations, indicating
general concurrence with those contained in the majority report. He stated the ordinance cur-
rently before the Commission has been drafted to include the recommendations of the committee, I
as revised during Commission discussions. He further reminded the Commission that Ordinance
No. 1273 was provisionally adopted on November 7, and the public hearing was set for this time.
Mr. John Parker, member of the committee, asked about disposition of the committee's
recommendation that exempt businesses be charged an inspection fee to cover the costs of serv-
ices. The Administrative Services Director stated that, based upon legal advice, the issue will
be addressed in a separate ordinance after this process has been completed.
Mr. Frank Schledorn, resident of Bozeman, stated he has been distributing Shaklee prod-
ucts from his home for the past eight years. He then stated that he appeared before the Com-
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17
mission when this issue was discussed about a year ago; and his attorney submitted a letter.
He then stated that, for the reasons he stated before, he is opposed to home occupation being
required to purchase a business license. He noted that enforcement of the requirement will be-
come a problem, suggesting that selective enforcement may not be legal. Mr. Schledorn then
stated that his business has no outdoor signs, and it has not changed the character of his
dwelling; therefore, he questions the need for a business license.
I City Manager Wysocki stated that occasional customers may visit the residence of one with
a home occupation, creating additional impacts on the neighborhood. He further noted that it
serves as a registry of businesses.
Mayor Stiff closed the public hearing.
Mayor Stiff noted that the Weavers' Guild recently held a sale. He stated that under the
proposed ordinance, a transient merchant business license would have been required for those
selling at this activity, with the fee being $75. He then questioned if that is the intent of the
ordinance as proposed. He noted the Commission just recently split transient merchants from
itinerant vendors, and it may be better to combine them again.
Commissioner Vant Hull suggested that if an individual has a home occupation license,
they not be charged a transient merchant license to sell at an organized affair. She noted that
anyone coming into the community from outside could be required to purchase a transient mer-
chant business license.
City Manager Wysocki reminded the Commission that the intent of the transient merchant
section of the ordinance is to license those who bring a stock of merchandise into the community,
sell it from a vehicle, and move on.
Commissioner Goehrung asked if each person in a group such as the Weavers' Guild would
be required to purchase a transient merchant license.
Administrative Services Director Gamradt stated that if the individuals belong to a group
and the group purchases the license, all of them_ would be covered. He then stated that he is
aware of the Commission's intent, noting that the ordinance also provides him with administrative
I powers for licensing. He indicated that he feels he can accommodate the Commission's concerns
under the ordinance as it has been submitted.
Commissioner Hawks asked if the City has legal justification for separating itinerant vend-
ors and transient merchants.
City Attorney Becker stated that the State statutes separate the two and have established
a limit on licensing fees for itinerant vendors.
Mayor Stiff then noted that enforcement of the home occupation license may be difficult,
questioning whether it should possibly be deleted.
Commissioner Hawks stated that the home occupation license will help to establish a reg-
ister of businesses, which can be beneficial in development of statistical information concerning
the area's economy. He also stated he feels there should be some equity in licensing of busi-
nesses; and he feels the $10 fee for home occupations helps to provide that.
Mayor Stiff noted that licensing of home occupations can help to address zoning violations
through the inspection process.
City Manager Wysocki recommended that the Commission finally adopt Ordinance No. 1273
as submitted.
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the
Commission finally adopt Ordinance No. 1273, amending the requirements for licensing of busi-
nesses within the City. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Hawks, Commissioner Vant Hull , Commissioner Goehrung and Mayor
Stiff; those voting No, none.
I Public hearin - Commission Resolution No. 2728 - establishin the desi n,
implementation, construction and repair 0 sidewalks
This was the time and place set for the public hearing on Commission Resolution No.
2728, entitled:
COMMISSION RESOLUTION NO. 2728
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON-
TANA, ES TAB LI S H I N G A POLICY GOVERNING THE DESIGN, IMPLEMENTATION,
CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY OF BOZEMAN,
MONTANA.
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Mayor Stiff opened the public hearing.
City Manager Wysocki distributed copies of Commission Resolution No. 2728 to the Commis-
sioners as well as those in the audience who were present for this item. He noted that the pol-
icy is divided into design and implementation sections, with criteria for consideration when de-
termining where sidewalks are to be installed. He then submitted to the Commission letters from
I. Edward Sondeno, 1612 South Tracy #8; Allan H. Roush, 1615 South Black #72; and Wallace
and Helen Eater, 1612 South Tracy #112, stating opposition to the installation of sidewalks I
around the Woodbrook planned unit development, as well as a letter from Gardner C. Waite, 2412
Spring Creek Drive, stating opposition to the installation of sidewalks in the Westridge Addition.
The City Manager reminded the Commission that the proposed policy is for the entire community,
not just two small sections thereof.
Mr. Allan Roush, 1615 South Black #72, reviewed the letter he had submitted to the Com-
mission. He stated that the residents of Woodbrook were surveyed concerning this issue. He
indicated that he has received responses from 48 people; and all but 3 voted against the instal-
lation of sidewalks around the perimeter of Woodbrook.
Mr. Don Weaver, 2404 Spring Creek Drive, stated he was instrumental in the development
of Westridge Addition and Thompson's Third Addition, noting that the original design of the area
did not provide for installation of sidewalks. He noted that the streets in that area are curved;
and there is no on-street parking. He also noted that people have landscaped their yards to the
street, not allowing an area for installation of a sidewalk.
Mr. Weaver stated the residents of that area like it without sidewalks and don't see a
need for them. He then asked that the Commission not to threaten neighborhoods with the in-
stallation of sidewalks, but to allow those in an area to request sidewalks when the residents feel
they are needed. He expressed concern that the policy appears threatening because it seems
that it's just a matter of time until sidewalks are installed in all of the community.
Commissioner Vant Hull noted the Commission and staff has spent an extensive amount of
time developing the policy as contained in the resolution. She stated this is a city-wide policy
and is not meant to be threatening to any area within the city limits. I
Mr. Weaver stated that the power of surrounding neighbors is tremendous. He noted that
to address neighborhood opposition in the policy could make it appear less threatening.
Mr. John Parker, Woodbrook, stated he is one of the 6 percent who responded favorably
to the installation of sidewalks around that development. He then stated that, even though he
does support the installation of sidewalks, he does feel there is a basic injustice in changing the
ru les for that development after it has been completed. He noted that to install sidewalks now
would require relandscaping of a portion of the area as well as relocating the sprinkler system.
He stated many people are not aware that an 11-foot strip from the back of the curb is provided
for public use in most instances.
Commissioner Hawks noted that the poliCY allows for placement of sidewalks along one side
of the street as long as 100 percent of those on both sides of the street are in agreement and
participate in the costs.
Mr. Cia rence Kommers, 1615 South Black #49, stated that installation of sidewalks on the
perimeter of Woodbrook would be expensive, including the costs of constructing a bridge across
the creek. I n response to a question from Commissioner Vant Hull, Mr. Kommers indicated that
he feels there is merit to installing sidewalks on only one side of the street; however, he is con-
cerned that a future Commission could require sidewalks on both sides of the street after both
sides have participated in the construction of the first sidewalk.
Commissioner Vant Hull asked if there is a mechanism which would protect one side of the
street from paying twice for installation of sidewalks.
City Attorney Becker stated that the City Attorney in Billings has indicated that the City I
enters into an agreement with the property owners, which should avoid that type of situation.
He then cautioned that other problems may also be incurred in this approach.
Mr. Paul Brown, 1624 South Third Avenue, stated the University owns several hundred
feet of property along South Third Avenue; and he would gladly help them pay for installation
of a sidewalk along their side of the street.
Mr. Wilson Chi Iders indicated he lives in Figgins Addition. He then asked what the pol-
icy wi II be on cul-de-sac streets.
City Manager Wysocki stated that in most instances, the property line begins about eleven
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feet from the back of the curb. He stated that the installation of sidewalks along cul-de-sac
streets would be generally the same as that along other streets.
Mr. Childers stated that when Figgins was platted, it was indicated that no sidewalks
would be installed. He then questioned the need to change policy and why sidewalks should be
installed.
Ms. Debbie Penland, 215 Circle Drive, stated that Westridge Addition has low pedestrian
I traffic, no through streets and no on-street parking. She noted that one of the features of the
subdivision is that it doesn't have any sidewalks. She stated that, because of the large lots in
that subdivision, the installation of sidewalks would have a considerable economic impact on the
homeowners. She then encouraged the Commission to determine that Westridge Addition is a low
impact area; and therefore, sidewalks are not required.
Mr. Martin Burris, 2503 Spring Creek Drive, stated there seems to be a conflict between
Implementation Policy No. 1 and No.4. He noted it appears that No. 4 is an exception to No. 1
and should possibly be reflected in that manner. He then expressed concern about the inequity
that owners of corner lots may face if they are required to bear the entire costs of installing
sidewalks along two sides of their property. Mr. Burris then suggested that the Commission
take action to ensure that property owners have a significant role in determining the category of
sidewalk needs for an area.
Mayor Stiff closed the public hearing.
Commissioner Vant Hull noted that the Commission had previously considered a mechanism
to address neighborhood concerns but determined that was unworkable in the policy.
Commissioner Hawks suggested that under "public need" the wording be expanded to in-
clude "written public comment, especially neighborhoods affected."
Commissioner Vant Hull noted that the neighborhood must be considered; however, the
city as a whole, and pedestrian patterns, must also be considered.
Commissioner Goehrung noted the Commission must be sensitive to the area comments and
concerns when determining the need for installation of sidewalks.
I Mayor Stiff stated the Commission and staff have worked a long time to develop this
policy. He noted there has been public input; and those comments have been carefully consid-
ered. He stated this policy helps the City to address the safety issues of the community. He
noted that some areas have real safety problems at the present time. He noted other areas have
no apparent need for sidewalks at the present time; however, that could change in five years.
The Mayor stated that the policy contains a provision for public input, noting that it will work
effectively as long as the publ ic remains involved.
City Manager Wysocki suggested that Implementation Policy No. 1 be expanded to include
the statement "and additionally those exempted in implementation statements below."
Commissioner Vant Hull noted that Implementation Policy No. 3 should include a verb to
complete the sentence.
Following a brief discussion, the Commission concurred that the policy be revised to in-
clude "written public comment, especially neighborhoods affected"; that Implementation Policy No.
1 be revised to include "and additionally those exempted in implementation statements below" ;
and that an "is" be added in Implementation Policy No.3.
It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the
Commission finally adopt Commission Resolution No. 2728, as revi sed, establishing a policy gov-
erning the design, implementation, construction and repair of sidewalks within the city limits.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none.
I Adjournment - 8:33 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
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20
Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none.
ALFRED M. ST I FF, Mayor
ATTEST:
ROBIN L. SULLIVAN I
Clerk of the Commission
I
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