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HomeMy WebLinkAbout1985-01-07 49lt MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 7, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 7,1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I - Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of December 31, 1984, were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Discussion - DNRC request for decision re City involvement in raisinq the Hyalite Reservoir Dam by ten feet, Including purchase of 2,337 acre feet or water City Manager Wysocki stated Mr. Glen McDonald and Mr. Robert A. Clark, representing DNRC, are present at this meeting to discuss the rehabilitation of the Middle Creek Dam, which creates Hyalite Reservoir. Mr. Glen McDonald stated the existing Middle Creek Dam must be rehabilitated because the spillway is inadequate. Mr. McDonald stated the DNRC has studied alternatives for the rehab project and have determined that the preferred alternative would include raising the dam approximately ten feet, using reinforced earth in the center and conventional earth fill on the ends; installing a baffled apron drop in a new spillway; and constructing a secondary spillway along the western abutment of the dam. Mr. McDonald stated the City of Bozeman is a key factor in whether the preferred alterna- tive is the one utilized in this renovation project. He noted the estimated cost of the project as I proposed is $4.1 million; and the DNRC would need a commitment from the City that it intends to purchase the additional 2,337 acre feet of water which would be retained in Hyalite Reservoir if the dam is raised ten feet. Mr. McDonald then stated that DNRC hopes to finance this project through a Bureau of Reclamation Small Projects Loan, along with two grants from the Bureau of Reclamation because of the the recreational benefits of Hyalite Reservoir. He noted if the loan is obtained, the agricultural water will repay the principal only, with no interest attached; and the municipal and industrial water will repay the loan with interest, which is estimated at approximately 10 3/8 percent. He stated if the loan and grants are approved, the municipal water wi II pay appr,oxi- mately $32.00 per acre foot over a forty-year period, based on a $2.6 million loan. He indicated $1.00 of that cost will be applied to operations and maintenance; and the remainder of the monies will be applied to the principal and interest. He stated that cost will apply to existing water as well as the new water that would be available through raising of the dam. Mr. Bob Clark noted that if the grants are not approved and the project is funded totally through a loan, the cost of the rehabilitation will be $45.00 per acre foot over a forty-year period for all municipal and industrial use. Commissioner Jordan asked when the City would obtain full use of the 2,337 additional acre feet of water. Mr. McDonald stated construction is to begin by September 1986; and the construction will take two years to complete. If there is adequate snowfall, the additional ten feet of storage should be filled within the next year. I Commissioner Jordan asked what alternatives would be available for rehabilitation of the dam. Mr. McDonald stated the preferred option is the only one which has been considered to date. He indicated that is why the request for a commitment to purchase the additional water has been submitted to the City. Mr. McDonald then stated if the City does not utilize the entire 2,337 acre feet, it will be charged $9.00 for each acre foot not used, rather than the $32.00 figure listed earlier. City Manager Wysocki asked when the new water will be available for the City's use. 01-07-85 485 Mr. McDonald stated the City would have the new water available year round. Commissioner Vant Hull noted that concern about the fish spawning grounds and moose habitat at the south end of the Hyalite Reservoir was expressed during the public meeting held several months ago. She asked if that item has been considered. Mr. McDonald stated representatives of DNRC will meet with representatives of the Fish, Wildlife and Parks to determine what impact the raising of the dam might create. He indicated I they hope to file a FONSI (finding of no significant impact) on the area. Commissioner Jordan asked how much water the City is currently purchasing from the Middle Creek Water Users' Association. City Manager Wysocki stated the City currently purchases 2,800 acre feet of water. The City Manager then indicated that Director of Public Service Holmes and Engineering Officer Mann are present and asked that one of them comment on the City's need for water and stored water versus stream water. Engineering Officer Mann stated the City currently diverts 8,000 acre feet of water annually and utilizes water from Hyalite Reservoir to cover the City's wintertime deficit of water rights. He noted the City has applied for additional water rights in Middle Creek and a sever and sell on agricultural rights and has received a preliminary decree that the City will receive as much water as could be put to beneficial use at the time of the application. The Engineering Officer then stated purchase of the additional water in Hyalite Reservoir will provide for future growth. Engineering Officer Neil Mann then stated this opportunity to acquire additional stored water is advantageous to the City because (1) the State will acquire the water rights and handle the process of rehabilitating the dam and (2) the City has better control on the amount of water used. He noted with stream rights, if the City does not uti Iize the water, it goes downstream; and the City loses that water. City Manager Wysocki reminded the Commission that the City lost over 1,000 acre feet of stored water in Mystic Lake due to breaching of the dam. He noted the additional water from I raising the Middle Creek Dam by ten feet would replace that water, as well as expand the City's ability to provide water by about one-third. The Engineering Officer noted that the additional water would allow the City to service up to approximately a 40,000 population equivalent. City Manager Wysocki stated the monies placed in escrow for various annexations will be utilized to pay a portion of each annual payment for the water. He noted the annual payment for the water obtained by raising the height of the dam will not be small and must be accommo- dated in some manner. Commissioner Anderson asked if the figures submitted to the Commission will remain basically stable or if there is a chance they may increase dramatically. Mr. McDonald stated the figures should remain basically the same over the life of the loan. City Manager Wysocki recommended that the Commission indicate a commitment to purchase the additional 2,337 acre feet of water subject to (1) if the project costs change significantly, the matter will be brought back to the Commission and (2) that the DNRC keep the City informed about other matters relating to this particular project; and instruct the staff to proceed with negotiations for the additional water. Commissioner Jordan asked if the City would have an option for financing if it can obtain monies at a better interest rate than the Bureau of Reclamation loan. The City Manager noted most loans provide for prepayment, which would allow the City to float a bond issue if feasible and payoff its portion of the loan. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission direct the staff to write a letter to DN RC expressing interest in purchasing water from the Hyalite Reservoir and expressing interest in entering into a contract to fund the re- construction of the dam, stipulating that (1) if the project costs change significantly, the matter will be brought back to the Commission and (2) that the DNRC keep the City informed about other matters relating to this particular project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. 01-07-85 49[) Discussion - letter from State of Montana requesting waiver of escrow requirement on SID No. 646 - City Manager Wysocki submitted to the Commission a letter from the State of Montana Department of State Lands requesting that the City waive the escrow requirement for the portion of Special Improvement District No. 646 which is held in limited ownership by the State. The State has agreed to pay its full assessment as soon as all construction accounts are final ized, and has already set aside monies to cover those anticipated costs. The City Manager then I recommended that the Commission approve the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission waive the escrow requirement on SID No. 646 for the State of Montana Department of State Lands. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voti ng No, none. Preliminary Plat review - Valley Unit Subdivision, Phase IIA, Et Ei, Section 10, T2S, R5E, MPM (between West Babcock Street and Durston Road, Just east of Phase I) City Manager Wysocki submitted to the Commission a letter from Mr. Rick Kerin, the engineer representing the applicant, requesting that the Commission defer reviewing this item, and the below-listed item; until January 21, 1985. He then recommended that the Commission ac- knowledge receipt of this request and that the item be deferred until the January 21, 1985 meeting, per the appl icant's request. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of, and approve, the applicant's request that the Preliminary Plat review for Valley View Subdivision, Phase IIA, be deferred until the January 21, 1895 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Preliminary Plat review - Valley Unit Subdivision, Phase II B - Et E!, Section 10, T2S, R5E, I MPM (between U. S. 191 and West Babcock Street, just east of Phase I) City Manager Wysocki stated the letter considered in the above item applies to this item also. He then recommended that the same action be taken on this item. It was moved by Commissioner Jordan; seconded by Commissioner Mathre, that the Commission acknowledge receipt of, and approve, the applicant's request that the Preliminary Plat review for Valley Unit Subdivision, Phase liB, be deferred until the January 21, 1985 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Application for Temporary Beer License - Financing and Investing Association - January 11, 1985 City Manager Wysocki presented to the Commission an application; along with the required fee, submitted by Financing and Investing Association for a Temporary Beer License for January 11,1985. He noted the State License was received this afternoon and recommended that the Commission approve this application. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the application for a Temporary Beer License for January 11, 1985, as requested by the Financing and Investing Association. It was moved by Commissioner Jordan, seconded by Commissioner Anderson, that the Commission table action on this application for a period of one week. The motion failed by the I following Aye and No vote: those voting Aye being Commissioner Jordan and Commissioner Anderson; those voting No being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver. The original motion to approve the application then carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner Jordan. 01-07-85 487 Confirmation of Temporary Appointments Mayor Weaver stated he has appointed Duncan MacNab and Tom Messick to the Board of Adjustment for the month of January 1985, to allow the Commission time to complete its review of appl icants for the Board. He noted the Board met at 1 :30 p.m. on this date, and the temporary appointments were needed so that the Board cou Id conduct its business. He then requested that the Commission concur in those temporary appointments. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the temporary appointments of Duncan MacNab and Tom Messick to the Board of Adjustment for the month of January 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Weekly construction reports submitted by Thomas, Dean and Hoskins regarding the progress of the Water System Improvements. (2) A copy of the City-County Planning Board agenda and minutes. (3) The City Manager announced that the League of Cities and Towns is planning a Local Government Day in Helena on January 25, to review legislative proposals and meet with legisla- tors. (4) The City Manager announced that the Inter-Agency Breakfast is to be held on Wednesday at 7: 00 a. m ., at The I nn of Bozeman. (5) A memorandum to the Commission from Commissioner Mathre regarding a conversation with Dave Coppack, owner of Bangtail Bicycle Shop, on the proposed bikeway system. (6) Commissioner Vant Hull stated a class at the University did a report on bikeways. She indicated she will contact one of the students and get a copy of that report. She also I suggested talking to other Cities to find out what they determine the best approach. Mayor Weaver suggested that Sarah Helfrich may be interested in pursuing this item. (7) Commissioner Mathre noted she has submitted a memo from Alec Hansen, Executive Director of the League of Cities and Towns, concerning bank taxes. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Building Division report for December 1984 Claims It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to com- plete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Recess - 4:55 p.m. Mayor Weaver declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the I scheduled public hearings. Public hearing - Conditional Use Permit - Willowwood Partners - allow construction of fifty-nine efficiency apartment condominiums on Lot G and portions of Lots H, I and K, Guy's 2nd Addition (south end of Dell Place) This was the time and place set for the public hearing on the Conditional Use Permit requested by Willowwood Partners to allow construction of fifty-nine efficiency apartment condo- miniums on Lot G and portions of Lots H, I and K, Guy's Second Addition. This site is more commonly located at the south end of Dell Place. 01-07-85 498 Mayor Weaver opened the public hearing. City Manager Wysocki submitted to the Commission a letter from James Lenon, Willowwood Partners, requesting that the public hearing be continued until January 21, 1985. He then recommended that the Commission continue the hearing per the applicant's request. Mayor Weaver continued the public hearing until January 21, 1985, per the applicant's request. Public hearing - Commission Resolution No. 2540 - intent to annex 1. 404-acre tract as requested I by Valley View Golf Club This was the time and place set for the public hearing on Commission Resolution No. 2540, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2540 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report, which had previously been submitted to the Commission on December 3, 1984. He stated the subject site is a 1. 404-acre tract lying in Certificate of Survey No. 803 located in the southwest quarter of Section 18 and the northwest quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. He stated the subject property is more commonly located along the east side of Fairway Drive, and south and west of the Valley View Club House. The subject property is currently zoned RS-l, Residential--Suburban Country Estates (one acre minimum). The Assistant Planner stated the proposed development for the subject site is to be an extension of the Westridge Meadows Planned Unit Development, but is not to be a part of that I development. Assistant Planner: Skelton then stated individual water and sewer service line easements must be obtained to the various living units, but those easements will be obtained during con- struction rather than at this time. He noted the staff has determined that a Waiver of Protest for SI D's is not needed for this parcel. The Assistant Planner also stated the payment-in-lieu of water rights must be completed. He indicated that the applicant has met with the Engineering Officer concerning this item. Commissioner Anderson asked if the proposed roadway will be able to handle all of the traffic that wi II be generated from development of th is area. The Assistant Planner stated that the roadway will not be constructed to City standards but will be raised to accommodate any surface drainage. He indicated the roadway will be built to handle the traffic that will be generated at full development. Mr. Dan Klusmann, President of Valley View Golf Club, stated the subject site is currently the driving range for the golf club. He stated flying golf balls from the driving range have created problems for the existing condominiums in that area. He stated the golf club has agreed to sell the land for development; and the driving range will be relocated to what is now the sixth hole. Commissioner Vant Hull asked if access to Sourdough Trai I will be provided through this development. Mr. Klusmann stated there will be open space in the condominium development; and does not feel this development will create any access problems to Sourdough Trail. I No one was present to speak in opposition to the proposed annexation. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Map Chanqe - PLI to B-1 and PLI to TR - Research and Development Institute, Montana State University - tracts of land located In the Nl NWL Section 14, T 2S, R5E, MPM (bordering West College Street from South 20th to U.S. 191 This was the time and place set for the public hearing on the Zone Map Change requested by the Research and Development Institute, Montana State University, to change the present 01-07-85 498 zoning of PLI, Public Lands and Institutions, to B-1, Neighborhood Business, on a 9.87-acre tract of land and from PLI, Public Lands and Institutions, to TR, Technology Research, on a 100.67-acre tract of land all located in the North one-half Northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. The subject tracts of land border West College Street from South 20th Avenue to U. S. Highway 191. Mayor Weaver opened the public hearing. I Senior Planner Mike Money presented the Staff Report. He stated that at the Zoning Commission meeting concern was expressed about hazardous wastes, traffic impact on West College Street and improvement of West College Street, and protection of the streams which run through th is property. The Senior Planner stated the proposed B-1 District would be located approxi- mately 100 feet from West College Street and approximately 300 feet from South Nineteenth Avenue to maintain its purpose, which is to serve the development on the surrounding property. He then indicated the subject property runs about one-quarter mile south along South Nineteenth Avenue from its intersection with West College Street and west along West College Street to U. S. 191, which is directly across Main Street from the Main Mall. Senior Planner Money then stated the applicants have indicated they intend to prepare selection criteria and development criteria prior to development of the subject site; and they intend to develop a park rather than a sub- division. A fter review of the requested Zone Map Changes, the Planni ng Staff recommended that a "T" be added to the requested changes; and the Zoning Commission concurred in that recommendation. Commissioner Vant Hull expressed concern that the proposed B-1 District is rather large. Senior Planner Money stated a large portion of the proposed rezoning will be unusable because it lies within the 35-foot streambank setback requirement. He also noted that open space requirements will consume approximately 40 percent of the area to be zoned B-1. The Senior Planner stated the Planning Staff did not question the size of the proposed district because of the physical restrictions of the site. Commissioner Anderson stated the applicants indicated during the Zoning Commission I meeting that the "T" overlay could create problems for prospective tenants because of the hear- ing process involved. She then asked if the performance zoning guidelines will be established in the near future and might be a better way to handle this item. Senior Planner Mike Money indicated the Planning Staff will be reviewing the "T" Districts and developing performance zoning guidelines and anticipate submitting those items to the Commis- sion for review in the summer. Commissioner Vant Hull asked if a pedestrian pathway and bikeway would be provided in the additional 30-foot right-of-way along West College Street which the Planning Staff has recommended. The Senior Planner stated a pedestrian way is usually included in a street right-of-way. Mr. Craig Roloff, Director of Research Park Development for the Research and Development Institute at Montana State University, stated the RDI is a private, non-profit organization which was chartered in 1980 for the purpose of fostering and promoting research at the University. He stated development of the proposed park wi II enhance University and industry relations. Mr. Roloff stated RD I plans to develop a park-like environment to provide a high quality setting for a wide range of technological and research activities. He indicated the property will be divided into lots; and those lots will be leased in accordance with strict covenants and development guidelines. He stated the proposed park will increase research opportunities for Montana State University, and may provide a center for spin-off companies. Mr. Roloff stated that development of the proposed technological and research park will benefit the community through growth and potential occupational activities. He also noted the I park will not have a negative environmental impact on the area. He then noted the rezoning would be in accordance with the City's expressed intent for use of the land; and it would be more considerate to adjacent land uses than the existing zoning designation. Mr. Craig Roloff then stated the applicants plan to provide stream protection, noting that the streams will be located in a linear park, and not included in any of the lots. He also in- dicated the development guidelines will be written in compliance with State Statutes and City ordinances. He also stated a safe and efficient means of ingress and egress must be provided for employees and tenants of the park. Mr. Roloff then stated the continued value of the land 01-07-85 sou must be maintained for the University and the community; and the disposal of hazardous wastes will be carefully monitored. Mr. Roloff stated the applicants understand the Zoning Commission's reasons for recommending that a "T" be added to the zone changes; and he indicated they share those same concerns. He then stated if the "T" designation is added, public hearings will be required prior to any development in the park. Mr. Roloff stated many businesses may not wish to go through the public hearing process; and that process could be a serious detriment to the success and I economic growth of the park and the community. He indicated he feels that if a cooperative effort is made, a better way can be utilized to accomplish the same objectives, through the subdivision and Planned Unit Development process, using such items as selection criteria, development guidelines and strict covenants. Mr. Roloff stated prospective cl ients will receive a set of formal documents to review and submit to the RDI before development begins. Mr. Roloff then requested that the Commission continue the public hearing on this Zone Map Change until the applicants have completed the subdivision and Planned Unit Development process. He indicated that, at that time, hopefully the City's concerns will be addressed and the "T" designation will not be necessary. Mr. Roloff indicated he hopes those processes can be completed by Apri I 1985. Commissioner Mathre asked if actual lot lines will be drawn, since the entire parcel is owned by the Research and Development Institute. Mr. Roloff stated the subdivision process will be used for the establishment of lot lines and provision of infrastructure within the park. He noted the Planned Unit Development process will formally establish the development guidelines and protective covenants for development in the park. He stated when potential clients indicate an interest in developing" in the park, they will not then be required to go through the public hearing process because the guidelines will have been established. Commissioner Anderson asked what review process will be used for potential development in the park. Mr. Roloff stated the Research and Development Institute and the Planning Staff will I review any proposed development of any lot within the park. Commissioner Jordan asked how the development guidelines will be developed. Mr. Roloff indicated the RDI will work with the Planning Staff in developing proposed guidelines. He also suggested that if the Commissioners have items they feel should be addressed in the guidelines; they submit those suggestions as soon as possible so they can be incorporated in the guidelines. Mr. Roger Flair, President of the Research and Development Institute, stated concurrence in the statements made by Mr. Roloff. He then expressed a willingness to cooperate with the City to ensure that the project is done correctly and can serve as a model for similar projects. Mr. Leroy Luft, Chairman of the Gallatin Development Corporation, stated his organization is working closely with RDI in the planning of this development. He stated many of the people who are interested in the park want to act quickly and expeditiously while remaining unknown until they have had an opportunity to break the news. He noted confidentiality at the beginning of the process is important because most companies look at several communities prior to making a decision. He noted placing a "T" on the requested zone change could discourage many people from considering development in the park since they would be required to go through the public hearing process prior to releasing public information. Mr. Luft stated he feels the proper selection and development criteria will address all of the concerns expressed by the City, while maintaining the needed confidentiality. Mr. Eric Nelson, Bozeman resident, expressed concern about the handling and disposal of hazardous wastes. He also stated if the zoning restricts the public's ability to know or the I worker's right to know what hazardous materials might be involved in the process, he would oppose the zone change. He also expressed concern about ground water protection. There being no further testimony on this item, Mayor Weaver continued the public hearing at the applicant's request until such time as additional information is submitted on this item. 01-07-85 Sf)! Break - 8:00 to 8:10 p.m. Mayor Weaver declared a break at 8:00 p.m.. to reconvene at 8:10 p.m.. in accordance with Commission policy established at their regular meeting of March 14, 1983. and Smith, ectlOn 12, I This was the time and place set for the public hearing on the Conditional Use Permit requested by Lawrence and Smith, Inc., to allow mobile home sales and caretaker's residence on a tract in the Northwest one-quarter Southwest one-quarter of Section 12. Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as 1704 West Babcock Street. City Manager Wysocki submitted to the Commission a letter from Charles A. Smith. Manager of Lawrence and Smith, Inc., indicating that the applicants have decided not to develop the subject property as outlined and are withdrawing the appl ication. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter submitted by Mr. Charles A. Smith, on behalf of Lawrence and Smith, Inc., withdrawing this application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Public hearing - Ordinance No. 1171 - revising policy for sidewalk snow removal This was the time and place set for the public hearing on Ordinance No. 1171, as prepared by the City Attorney, entitled: ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS; PROHIBITING DEPOSITING OF SNOW AND ICE IN CERTAIN PLACES; AND I IMPOSING PENAL TIES. Mayor Weaver opened the public hearing. The Mayor noted that although no public hearing is required on this item t the Commission recognizes the importance of the proposed Ordinance and the need for public input. City Manager Wysocki reminded the Commission that they had requested this Ordinance, revising the sidewalk snow removal policy. City Attorney Crumbaker-Smith reviewed the changes which have been made in the Ordinance. She stated Ordinance No. 1171 provides definitions, which the old ordinance did not. She noted the business districts must have the snow removed by 9:00 a.m., and residential areas must have the snow removed by 12: 00 noon; and those who control the building are responsible for the snow removal. Also, only eight feet of any sidewalk wider than eight feet must be cleared. The new ordinance also provides for sanding or salting of hard packed snow and ice which are not easily removed. The City Attorney stated the new ordinance also provides that the City may remove the snow and then charge the cost plus a 20% penalty against the person who failed to clear the sidewalk. She also stated the fine is $25.00 minimum to $300.00 maximum for failure to clean the sidewalk, while the previous ordinance provided for a jail sentence. City Attorney Crumbaker-Smith noted that this new Ordinance replaces one which was adopted in 1920. Commissioner Vant Hull asked how the party responsible for snow removal would be determined. The City Attorney stated all parties involved in a specific property would be jointly and severally responsible for the snow removal. I Commissioner Jordan asked if the existing ordinance has been enforced. He also asked if the new ordinance will be easier to enforce. The City Attorney stated there has been an attempt to enforce the old ordinance during the past year. However, it is cumbersome; and the new ordinance provides a less cumbersome method for enforcing the policy. She noted the old ordinance provides for assessing the property for which the City has removed the snow. The new ordinance provides for a separate billing of the cost, with assessment as an optional billing method. Mayor Weaver asked if anyone has been assessed for snow removal since 1920. 01-07-85 ~_._.~-- I, 2 ~i '.... L/ Assistant City Manager Barrick indicated he can recall no assessments for sidewalk snow removal. Commissioner Mathre asked how the City determines who is not complying with the Ordinance. City Attorney Crumbaker-Smith stated the Director of Public Works is charged with determining who does not comply. She also noted complaints will be accepted and handled as a method of enforcing this Ordinance. Mr. Duncan MacNab, 1417 South Montana Avenue, stated he does not protest the shoveling I of sidewalks, but he feels that levying fines and enforcing an ordinance is unfair. He noted the new Ordinance does not make any provisions for elderly or handicapped or for circumstances beyond one's control. Mr. MacNab stated he remembers when the City plowed the sidewalks with tax dollars, before the financial crunch of 1979. He also noted that just prior to that financial crunch, the City Commission had adopted a program dividing the City into quarters; and sidewalks in poor repair were ordered replaced, while sidewalks were ordered in where there were no sidewalks. He noted neither program has been reinstated since the financial crunch. He stated many people who should not shovel the snow attempt to do so, and those who can often don't. Mr. MacNab also stated he feels that having one's residential sidewal ks cleaned by noon or within four hours after cessation of the snowfall could create hardships for those who work. He then stated the cost of the Director of Public Service driving around the City to determine which sidewalks are cleared would be almost equal to the cost of the City crews cleaning the sidewalks again. Commissioner Vant Hull noted that four hours after the cessation of the snowfall seems like a short period of time and asked Mr. MacNab what he feels would be fair. Mr. MacNab indicated he feels that within twelve hours would be fair. Commissioner Vant Hull then stated there is a program through the Senior Citizens Center to help elderly and handicapped individuals. Mr. MacNab stated some people have too much pride to call and request help through that program. He then noted the Ordinance specifies that an adjacent property owner is not required to remove the snow from an arterial if it is along the rear property line. He noted that includes I South Eleventh Avenue, North Rouse Avenue and Kagy Boulevard; and questioned why those residents are different from anyone else. Mr. MacNab then stated the Ordinance requires that a minimum of eight feet of the sidewalk must be cleared if the sidewalk is wider than eight feet, such as along Main Street. He also noted the Ordinance prohibits the shoveling of snow into the street and questioned where the businesses are to put the snow when they shovel. Mr. John Barsness, 619 North Montana Avenue, stated he lived in Madison, Wisconsin, prior to moving to Bozeman four years ago. He noted that Madison has a snow removal ordinance which it has enforced; and most of the sidewalks are now cleared. He also noted the elderly and the handicapped are not the ones who fail to shovel their sidewalks, but it is the young healthy renters who create the problems. Mr. Barsness then reviewed the Ordinance, indicating items where he feels the language is too vague or changes should be made. He suggested that the ordinance require that the sidewalks be cleaned bare, rather than allowing one or two inches of hardpacked snow or ice to build up on the surface. He also suggested that the individuals be allowed three days after a snowfall before the Director of Public Works begins enforcement of the Ordinance. He noted the existing 1920 ordinance charges the City Engineer with cleaning of the sidewalks and indicated he feels that procedure possibly should be followed. Mr. Barsness then submitted to the Commission thirteen pictures showing sidewalks which have not been properly cleaned, along with a portion of a newspaper article from Madison, Wisconsin, concerning snow removal. He then asked what action will be taken on those violations. I Mr. Verne Ballantyne, 316 South Third Avenue, stated he feels the 1920 ordinance was appropriate at the time it was adopted but has outgrown its usefulness. He noted the City accepts responsibility for clearing the streets and questioned why the City does not accept responsibility for clearing the sidewalks. Mr. Ballantyne then noted that the property owners and tenants probably don't use the sidewal ks in front of their houses, but those who travel around town on foot do use them. He then suggested that the City accept the responsibility for 01-07-85 3-03 clearing the sidewalks again at a specified cost to each property owner, possibly based on the front footage of the lot. Commissioner Vant Hull noted many people have indicated that the sidewalks were cleared better before the City began cleaning the sidewalks with a Jeep. Mr. Ballantyne noted that times have changed; and young people are not so willing to clean sidewalks for a portion of their board and room. I Mr. Duncan MacNab noted that uneven sidewalks and no sidewalks created problems for the operator of the Jeep when the City did the plowing. He stated that on an overall basis, the Jeep did a better job of clearing the sidewalks than is being done now. Ms. Sharon Eversman, 1110 South Bozeman Avenue, stated the biggest problems are created by those who do not shovel their sidewalks at all. She then noted that she walks to MSU daily; and has found that the elderly and handicapped keep their sidewalks completely cleared whi Ie the able-bodied young people don't shovel at all. Ms. Eversman stated she would like to see the City do something, whether it be to adopt and enforce this Ordinance or clear the sidewalks and assess the property owners. Mr. Bruce Gilday, 2002 West Koch Street, stated he feels the property owners should be responsible for cleaning their sidewalks. Mr. Eric Nelson, 802 North Grand Avenue 2B5, stated he feels the individual resident should be responsible for cleaning sidewalks. He then stated he does not feel salt should be allowed on the sidewalks, noting that sand works better on snow and ice. He indicated that effective enforcement of the present ordinance would help solve the problem. Mr. Nelson stated whatever method is utilized should pay for itself. He also suggested that if the City wishes to become involved in clearing sidewalks, it be limited to those who are elderly or are physically or mentally disabled. He also noted that if the City were to fund a program similar to that current- ly being provided through the Senior Citizen Center, people may be more willing to request help. Mr. Nelson then stated he is not dissatisfied with the Ordinance, but he is dissatisfied with the City's lack of enforcement. I Mr. MacNab stated he does not advocate that the City should shovel the sidewalks. He indicated the complaint system may work well in enforcing the clearing of sidewalks. Ms. Susan Newell, 213 West Cottonwood Street, asked why the present ordinance has not been enforced. She noted it is difficult for small children to walk through the snow. Mr. Ballantyne stated he is aggravated by the fact that the City has not enforced the existing Ordinance, and suggested that the City begin enforcement. Mr. Craig Johnson asked if being responsible for clearing snow from the sidewalks makes the tenant liable for injuries. Mr. W. L. Murphy, resident of Three Forks and owner of a duplex on Durston Street, indicated they do not always know when it snows in Bozeman, so it is difficult to keep the sidewalk cleared. He also suggested that a rotary brush might work better than the plow for clearing the sidewalks. City Manager Wysocki stated that government provides services which are not easily provided by others. He noted streets are different from sidewalks, which can be cleared by individuals. Commissioner Vant Hull asked Maxine Penttila whether she feels it is better for the City to clear the sidewalks or for the individual residents to be responsible. Mrs. Maxine Penttila, 336 South Church Avenue, stated it was convenient to have the City clean the sidewalks. She noted that method did not clean down to the sidewalk, though; and they still shoveled their own walk. Commissioner Jordan noted there have been some major changes in the past forty years. I He noted people used to walk more than they do now and were more conscientious about keeping the sidewalks cleared. The Commissioner also noted that the public assumes that the City has enough people to take over the sidewalk snow removal, but it does not. He expressed concern that the fines assessed through enforcement of the Ordinance would not cover the costs of the personnel needed. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 01-07-85 SoLf Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Clerk of the Commission I I 01-07-85 .