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HomeMy WebLinkAbout1982-04-19 , ". ,', '+",..1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 19, 1982 ********************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 19, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp (for the first portion of the meeting), Acting City Attorney Johnstone (for the second portion of the meeting) and Clerk of Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of Apri I 12, 1982, were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the Broad Valleys Federation of Libraries Report for March 1982 be removed for discussion. Incentive Program Awards City Manager Evans stated that ten suggestions had been received during March for the Incentive Awards Program. He noted that the Selection Committee, after careful review of the suggestions, deemed that five cash awards should be presented for suggestions which merit recognition. The City Manager recommended that the Commission and City management I acknowledge the suggestions and extend their appreciation. The Mayor then presented cash awards to the following for their suggestions: Karen Barnhardt - $ 25.00 Brian K iesse - $ 25.00 Norma Thompson - $ 25.00 My rna 0 rton - $ 75.00 Mike Money - $300.00 Mayor Stiff extended the Commission's appreciation for the participation of the City employees. He feels that thought was given to each of the suggestions submitted. The Commission then expressed their appreciation with a round of applause. Award bids - sale of surplus radio equipment for Police Division This was the time and place set for the award of bids on the sale of surplus radio equipment for the Police Division, having been continued from last week. City Manager Evans recommended that the City Commission award the bids to Rolfe and Wood and Art's Body Shop, with the balance of the radios to be placed in the auction of surplus equipment to be held on May 8, 1982. The City Manager stated that a letter has I been received from the Floral Park Volunteer Fire Department, south of Butte, for the purchase of one radio. He recommended that the City Commission reject this bid because (1) it was not received prior to the opening of bids and (2) the cost and time involved in the writing of a resolution of intention to sell the radio and the advertising costs would be more than the total bid for this radio. L 1 ') r .,; It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission award the bids for the surplus radio equipment for the Police Division as follows: Rol fe & Wood Art's Body Shop Bozeman, MT Bozeman, MT 1 - MOTORO LA MOCOM 70 - 100 Watt Low Band 4 Freq Scan ($600.00 minimum) $611.00 I 1 - MOTOROLA 35 Watt Low Band Single Freq (no minimum) Model U41 GGT Serial D-69932 $150.00 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - Donald K. Weaver - PUD on Parcel 2B, C.O.S. 406B and Parcel 3 This was the time and place set for the decision on the request on behalf of Donald K. Weaver for a Conditional Use Permit for a Planned Unit Development on 2.635 acres of Parcel 28, C.O.S. 406B in the SWi- of Section 18, Township 2 South, Range 6 East, M.P.M. and 12.372 acres of Parcel 3 in the NWi- of Section 19, Township 2 South, Range 6 East, M.P.M., in the City of Bozeman, Gallatin County, Montana. The site is adjacent to the west side of the Valley View Golf Course and is separated from the adjoining Thompson's Third and West- ridge Subdivisions by Spring Creek. The City Manager noted that this decision had been continued for a period of one week I so that two City Commissioners absent from the public hearing held on April 5, 1982 had an opportunity to listen to the tapes of the meeting and review the printed matter. City Manager Evans recommended that the Commission approve the request on behalf of Donald K. Weaver for a Conditional Use Permit to construct a Planned Unit Development. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Master Plan for the Westridge Meadows Planned Unit Development, subject to the following conditions: 1. That a revised copy of the master plan be submitted which will clearly identify the area to be kept in the developer's possession. 2. That a draft of the protective covenants be reviewed and approved by the Zoning Commission as recommended in Resolution No. ZC 82-12. 3. That a drainage plan be provided that will show the tentative locations of all the proposed facilities. 4. That a public pedestrian easement be noted on the Master Plan and established from Kagy Boulevard to East Graf Park for Sourdough Trail. and that the following requirements be waived: 1. The parkland dedication and cash donation requirement, established in Section 4.6 of the Subdivision Regulations. 2. The 500-foot maximum length of a cul-de-sac requirement established in Table II of I Section 4 of the Subdivision Regulations. 3. The street standards requiring curb and gutter for all streets within the City as required in Section 10 of the Subdivision Regulations. 4. The Environmental Assessment and Community Impact Statements required in Sections 7 and 8 of the Subdivision Regulations. l .~ r t.c- '-f The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the exemption of the development from preparation of an I Environmental Impact/ Community Assessment Report, subject to the following conditions: 1. The property is within the area covered by the Bozeman Area Plan adopted pursuant to Title 76, Chapter 1, M.C.A., 1979, and the proposed subdivision will be in compliance with the Bozeman Area Plan. 2. The property will be served by a public water and sanitary sewer system. 3. No significant environmental impacts are indicated by the preapplication map. 4. No portion of the property is subject to unstable ground conditions or steep slopes. 5. Environmental Assessment has been provided by a report dated , and by an analysis prepared by the Gallatin Soil and Water Conservation District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Preliminary Subdivision Plat for Phase I of the Planned Unit De- velopment, subject to the following conditions: I 1. That a site plan be submitted illustrating the tentative grade of the street by spot elevations and a drainage plan indicating the type of facilities to be installed. 2. That a final draft of the homeowners association's bylaws and protective covenants be submitted for review by the Planning Staff. They shou Id include a statement absolving the City of Bozeman from all responsibility, including responsibility for access by emergency services, equipment and vehicles. 3. That a maintenance agreement for the private road be entered into between the home- owners association and those properties to the north. 4. That the emergency access be deeded over to the property owners association so it will have complete control and responsibility for its maintenance and upkeep. 5. That the scheduled street/road improvements to be completed with Phase I include: that portion of the private road that extends north to Kagy Boulevard. It should also include that portion of the street that is to be extended south of Phase I to and including the emergency access. This section should be improved to a standard which will be adequate to support any of the City's emergency equipment. 6. That a temporary cul-de-sac be installed at the southern boundary of Phase I. 7. That a public pedestrian easement for Sourdough Trai I be established from Kagy Boulevard through Phase I of the development. 8. That all the scheduled improvements (street, storm drainage, water, sanitary sewer, sediment and erosion control, etc.) be designed to compensate for the severe soil limitations. Approval of the design and installation of these improvements must comply with those procedures outlined in Section 10 of the Subdivision Regulations. I f the developer wishes to receive final plat approval prior to installation of all the I scheduled improvements, he must supply a method of security that will be equal to or greater than the cost of the installation of those improvements. 9. The improvements agreement will provide a method of payment to the City for en- gineering review of plans and specifications, the inspection of their installation; a detailed in-place cost estimate and a construction and inspection time schedule. There shall be no construction of improvements except as per the improvements agreement between the developer and the City. L 1 r,. . v 10. That the foundations of the buildings be designed as per the options listed in the soils report provided by the District Conservationist, dated February of 1982. 11. That the bridge and other improvements shall be designed to prevent flooding and possible ice jams. and that the following requirements be waived: 1. The parkland dedication and cash donation requirement established in Section 4.6 of I the Subdivision Regulations. 2. The 500-foot maximum length of a cul-de-sac requirement established in Table II of Section 4 of the Subdivision Regulations. 3. The street standards requiring curb and gutter for all streets within the City as required in Section 10 of the Subdivision Regulations. 4. The Environmental Assessment and Community Impact Statements as required in Sec- tions 7 and 8 of the Subdivision Regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I t was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant final Conditional Use Site Plan approval for Phase I of the Planned Unit Development, subject to the following conditions: 1. A plant legend which will provide plant name, size and quantity. 2. Landscape protection devices. 3. Detailed drawing of trash enclosures. I 4. Lawn irrigation plans. 5. Exterior lighting plans for private street and trai I. 6. Landscape and improvement plans for Sourdough Trail. 7. An approved typical section of the private street and parking area. 8. Storm drainage plan for Phase I. 9. Plans for the private street must be reviewed by the City Engineer. Improvements should include that portion of the street north of Phase I and south of Kagy Boulevard and that portion located within Phase I to connect with the emergency access indicated on the site plan. The access should be improved to a standard adequate to support emergency equipment and should be reviewed and approved by the City Engineer and Fire Chief. A temporary turn around should be provided at the southern boundary of Phase I. 10. Plans for the extension of the Bozeman sewer and water faci lities should be reviewed and approved by the City Engineer. 11. Fire hydrant placement should be reviewed and approved by the Fire Chief. 12. Developer should submit a Waiver of Protest of Annexation for the rest of the proposed Planned Unit Development. 13. A final draft of the protective covenants and association bylaws should be reviewed by the Planning Staff and approved by the Zoning Commission. 14. The developer must enter into an improvements agreement and supply an acceptable method of security. I The Improvements Agreement shall provide a detailed cost estimate breakdown for all improvements and method of payment to the City for the inspection of installation of scheduled improvements, as well as construction and inspection timetable. 15. Three copies of the final site plan containing all conditions, corrections and modi- fications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of the bui Iding permit. 16. All on-site improvements shall be completed within eighteen months of approval of the Conditional Use Permit and as shown on the approved final site plan. ,.. i.' .-+... '.:.' 17. The Conditional Use Permit shall be valid for eighteen months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure to satisfy all conditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Decision - Conditional Use Permit - Springer Group - Lots 2-4, Guy's First Addition (north east corner of Bozeman and Olive) This was the time and place set for the decision on the request on behalf of the Springer Group for a Conditional Use Permit to allow a medical office in the R-3 Zone. The site is located on Lot 3 and portions of Lots 2 and 4 in Guy's First Addition and is more com- monly known as the northeast corner of the intersection of Bozeman Avenue and Olive Street. City Manager Evans noted that this decision had been continued for a period of one week so that the two Commissioners absent during the public hearing conducted on AprilS, 1982 had an opportunity to listen to the tapes of the meeting and review the printed matter. The City Manager stated that a letter from Planning Director John Moss has been sub- mitted, stating that the parcel of land is smaller than what the Commission originally considered. City Manager Evans recommended that, due to the somewhat fragmented way in which the Commission received the information, the Commission deny the request for a Conditional Use Permit. City Attorney Planalp noted that, under the City ordinance, the members of the Com- I mission voting in the majority must state thei r reasons for so voting. The City Attorney stated that he will prepare Findings of Fact on this matter from those reasons. Commissioner Mathre stated that she feels the proposed use would be fairly disruptive to the neighborhood. She noted that medical offices would add to an already congested area. Also, this area is not as easily accessible as some of the other areas in which medical offices a re located. Mayor Stiff noted concern about the fragmented presentation to the Commission. He further noted that the letter from the Planning Director shows that Mrs. Benepe was correct in questioning the size of the parcel in question. He feels that this discrepancy faults the entire presentation. The property owners were playing on emotion and, in large part, a number of the items presented did not legally enter into the decision. The Mayor stated that he would feel remiss in not very seriously considering the application because everything that the Planning Staff has requested has been received. Mayor Stiff noted that, due to the faultiness of the application, he must vote against it. Commissioner Anderson noted that the people living in the area should have rights, I some of which are quite different from those given in the presentations. She stated that the Transportation Committee has found this to be a highly dangerous traffic area, and a medical office would add more traffic to this situation. She feels that this would create a severe im- pact on a neighborhood which already has serious problems. 417 Commissioner Vant Hull stated that the applicants have done an excellent job of getting materials together, but the Commission received this information in bits and pieces. She noted that, upon speaking with residents of the area, an extreme amount of division exists. She stated that some of the people feel that something should be done with the property, and some don't care what happens. Commissioner Vant Hull noted concern about the traffic and I parking problems. Commissioner Weaver noted that an R-3 District is residential in character. Medical of- fices are listed as a conditional use, contingent upon the general welfare of the persons re- siding in the area. He noted that the residents have given compelling arguments that this proposed use is not in the general welfare of the area. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request for a Conditional Use Permit on behalf of the Springer Group to allow a medical office on Lot 3 and portions of Lots 2 and 4 in Guy's First Addition. T he mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Zone Code Amendment - Planning Staff - Sections 18.96.030,18.72.110 and 18.96.030 This was the time and place set for the decision on the request on behalf of the I Planning Staff for a Zone Code Amendment to Sections 18.72.020,18.72.110 and 18.96.030 of the Zoning Code. City Manager Evans noted that this decision had been continued for a period of one week so that the two City Commissioners absent during the public hearing held on April 5, 1982 had an opportunity to listen to the tapes of the meeting and review the printed matter. The City Manager recommended that the Commission approve the request for a Zone Code Amendment on behalf of the Planning Staff. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request for a Zone Code Amendment on behalf of the Planning Staff, and the City Attorney be directed to prepare an ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. to R-O - Tract B, C.O.S. 691 and This was the time and place set for the decision on the request on behalf of I Resurrection Parish for a Zone Map Change from R-3 to R-O. The site is described as Tract B, remainder of Certificate of Survey No. 691, plus a contiguous tract measuring 59.95 feet by 147.34 feet in the Wi. swt of Section 12, Township 2 South, Range 5 East, M.P.M., in the City of Bozeman. This tract contains slightly more than three acres and is located near the Law and Justice Center. The major parcel is a portion of the land upon which the Rosary School is located. City Manager Evans noted that this decision had been continued for a period of one week so that the two City Commissioners who were absent during the public hearing held on ," " .,. ,..:. ~> Apri I 5, 1982, had an opportunity to I isten to the tapes of the meeting and review the printed matter. The City Manager recommended that the Commission approve the request for a Zone Map Change from R-3 to R-Q. Commissioner Vant Hull stated that at the public hearing she had asked the Planning Staff if they felt the area would be developed faster as a residential area or with office I space. The Planning Staff had indicated that the area would probably develop with multi-family units. Commissioner Mathre asked how many of the people signing the petition are property owners within 150 feet of the site. Following a brief review of the petition, Assistant City Manager Barrick stated that 8 of the 22, or 36 percent, of the property owners signing the petition live within 150 feet of the site under consideration. The Assistant City Manager then noted that, since more than 20 percent of the property owners within 150 feet of the site protested the requested Zone Map Change, a 75 percent vote of the Commission is required to carry the motion. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request for a Zone Map Change from R-3 to R-Q on behalf of Resurrection Parish, representing the Catholic Diocese in Helena, Montana, on a tract of land located near the Law and Justice Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, 'Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Decision - Zone Map Change - B-K Partnership - R-3 to R-O - Park Tract of Richard's Sub- division (Koch Street and Sixteenth Avenue extended) This was the time and place set for the decision on the request on behalf of B-K Part- nership for a Zone Map Change from R-3 to R-Q on the Park Tract of Richard's Subdivision. This parcel of land is located at the intersection of Koch Street and South Sixteenth Avenue extended, and is immediately adjacent to the parcel of land considered in the request on behalf of Resurrection Parish. The City Manager noted that this decision had been continued for a period of one week so that the two City Commissioners who were absent during the public hearing held on April 5, 1982 had an opportunity to listen to the tapes of the meeting and review the printed matter. City Manager Evans recommended that the Commission deny the request for a Zone Map Change. Assistant City Manager Barrick stated that none of the property owners signing the petition in opposition to the Zone Map Change are located within 150 feet of the site. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request for a Zone Map Change from R-3 to R-Q on behalf of B-K Part- nership on the Park Tract of Richard's Subdivision, located at Koch Street and Sixteenth Avenue extended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. L. -j 0 '--... Discussion - Re meeting of First-Class Cities and Urban Counties - April 23, 1982 at 9:00 a.m. in Great Falls City Manager Evans reminded the Commission of the meeting of First Class Cities and Urban Counties to be held at 9:00 a.m. on April 23, 1982, in the Community Room of the Municipal Library in Great Falls. I The City Manager noted that a request for financial assistance from cities to help cover the costs of a luncheon speaker has been submitted. He feels that it is not advisable to start paying speakers to appear before a small group. The City Manager recommended that the City not participate in any honorarium. Commissioner Vant Hull suggested that, since Mr. Nehring is from Bozeman, the City extend an invitation for him to travel to Great Falls with the City representatives. City Manager Evans stated that Mr. Nehring has filed for a public office. He noted that the City government is non-partisan and non-political and, therefore, recommended that the City representatives attempt to stay removed from politicians. Commissioner Weaver, Commissioner Anderson, Comissioner Mathre and Mayor Stiff in- dicated that they planned to attend the meeting. The Commissioners then suggested that budgeting, lobbying and cable television fran- chising be considered for the agenda for this meeting. Pledged Securities - as of March 31, 1982 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner I Weaver and Commissioner Mathre had examined the receipts of Depository Bonds and Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The Depository Bonds and Securities were found to be in order. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the De- pository Bonds and Pledged Securities be approved and a list of these set forth as follows: DEPOSITORY BONDS AND SECURITIES AS OF MARCH 31, 1982 RATE MATURITY RECEIPT NO. TOT AL AMOUNT FIRST BANK Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: MA Ser A 1972 Housing Finance Agency 5.25 4/01/84 9020-6892 50,000.00 MD 2nd Ser W 1972 St Local Fac Loan 4.50 8/15/84 30,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 100,000.00 Gallatin, MT, Ser 1978 Ai rport Auth. 8.00 1/01/86 70,000.00 Helena, MT, Parking Fac Refdg Rev 7.125 1/01/86 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00 NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 I Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 9020-6892 45,000.00 Bozeman, MT, GO 4.90 1/01/92 II II 45,000.00 4 '")'; ,,- RATE MATURITY RECEIPT NO. TOT AL AMOUNT WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 11 11 115,000.00 WA St Ser R GO 5.40 4/01/93 11 11 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 11 11 75,000.00 Hawaii St Var Purp 7.00 9/01/83 11 11 50,000.00 TOT A L - Fi rst Bank - Bozeman $1,832,000.00 FIRST SECURITY BANK - Bozeman I Federal Deposit I nsurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg., Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13 ,000.00 5.50 12/30/86 3822 13,000.00 5.20 12/30/84 3823 2,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 18,100.00 5.50 12/30/86 3825 18,100.00 5.20 12/30/84 3826 18,100.00 Kenai Peninsula Bor., Alaska, GO School Bd. 5.70 5/01/83 3951 25,000.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I . D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S.I. D. Bonds #287 7.00 1/01/91 6524 8,000.00 City of Bozeman, Gallatin Co., MT; S.I. D. Bonds #503 6.00 1/01/90 6534 13,000.00 City of Bozeman, Gallatin Co., MT; I S. I. D. Bonds #560 7.40 1/01/96 6570 21 ,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bnds. 7.00 1/01/85 6594 10,000.00 Town of Belgrade 6.60 1/01/88 6771-SK 154861 39,000.00 City of Bozeman, Gallatin Co., MT S. I. D. Bonds #568 7.40 11/01/96 6772-SK 154860 75,000.00 City of Bozeman, Gallatin Co., MT S. I. D. Bonds #555 7.65 1/01/96 6808-SK 115695 33,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 11 11 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax Anticipation Wa rrants 8.75 12/01/87 SKl19286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S .1. D. #6 State of Wyoming, GO Bldg. Bonds 9.95 12/01/95 SK 149545 120,000.00 Bozeman, MT, S.I. D. #625 9.75 1/01/2001 SK 155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK 155028 25,000.00 Washoe County School Dist., Nevada GO Bldg. Bonds 5.90 10/01/87 S K 161 430 100,000.00 City of Bozeman, Gallatin Co., MT S.I. D. Bonds #593 7.95 1/01/98 SK 115696-6834 21,000.00 City of Bozeman, Gallatin Co., MT S. I. D. Bonds #592 7.95 1/01/98 6835-SK 115697 19,000.00 Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 I Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 Mississippi, GO Port. Dev. Bd. 4.70 12/01/82 5042 25,000.00 Fergus Falls, MN Hsg. Redev. 5.00 5/05/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOTAL - First Security Bank - Bozeman $2,403,300.00 421 RATE MATURITY RECEIPT NO. TOTAL AMOUNT MONTANA BANK - Bozeman Federal Deposit I nsurance Corporation $ 200,000.00 Trusteed with Federal Reserve Bank of Minneapolis: County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H14239 13,600.00 I County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/83 H 14239 12,600.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/82 H 2 8914 2,000.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28973 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/83-87 H29046 21,000.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Orvando), MT, Sch. Bldg. Bd. 6.00 6/04/82-89 H29372 8,000.00 Pueblo West Metro. Dist. Colo., Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H29471 10,000.00 Snohomish, Co., WA, GO Admin. Bldg. & Parking Fac. Bd. 1970 4.70 1/01/84 H29472 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/84 H29971 3,750.00 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Town of Ennis, MT SWR Const. Bd. 1966 4.45 9/01/86 H685 31,250.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/82-87 H694 15,000.00 SUBTOTAL $ 277,325.00 I Pledging Amendment to Repurchase Agreement: Federal National Mortgage Assn. 7.35 12/10/82 300,000.00 7.95 7/10/86 300,000.00 Pledged - Waiting for Federal Receipts from Federal Reserve Bank of Minneapolis: New York City V 187 6.50 1/15/85 H731 10,000.00 New York City R 187 6.50 1/15/85 H729 90,000.00 North Slope, Alaska 6.75 11/01/88 H728 100,000.00 Chicago Bd. of Education 6.50 10/15/90 H727 100,000.00 Matanuske-Susitana 6.30 2/01/92 H726 100,000.00 TOTAL - Montana Bank of Bozeman - Bozeman $1,277,325.00 WESTERN BANK OF BOZEMAN - Bozeman Federal Deposit I nsurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapolis: Federal Home Loan Bank 7.75 5/25/84 4360 150,000.00 Federal Home Loan Bank 13.10 8/25/82 4586 100,000.00 Federal Home Loan Bank 9.15 5/25/82 7155 100,000.00 Federal National Mortgage Assn. 8.40 9/1 0/82 7155 50,000.00 TOTAL - Western Bank of Bozeman - Bozeman $ 400,000.00 FI RST CITIZENS BANK OF BOZEMAN - Bozeman I Federal Deposit Insurance Corporation $ 200,009.00 Trusteed with First National Bank of Minneapolis: Federal Nat'l Mortgage Dis. Notes 7/06/82 $ 150,000.00 Federal Home Loan Banks 16.50 9/27/82 9078 300,000.00 U. S. Treasury Bills 12/30/82 9172 150,000.00 U.S. Treasury Bills 9/02/82 $ 50,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 650,000.00 't '~, ,,;;, ...hL: This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Re- serve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, and the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of March 31, 1982, by the several banks of Bozeman and approve and accept the same. Alfred M. Stiff, Mayor Kenneth L. Weaver, Commissioner I Mary B. Vant Hull, Commissioner Anne F. Anderson, Commissioner Judith A. Mathre, Commissioner The motion carried by the following vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Anderson, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Writing off of aged uncollectible water accounts for 1978, 1979 and 1980 - $1,525.52 City Manager Evans presented to the Commission a list of aged uncollectible utility accounts for 1978, 1979 and 1980 in the amount of $1,525.52. Director of Finance Swan stated that the Finance Department has pursued the names of the people listed. She stated that all of these people have had water shut off at the address listed, and they are no longer living at that address and are not presently receiving water or I sewer services under their names. She further noted that these bills have been submitted to the Credit Bureau, and they send three letters and contact the people by telephone. The Director of Finance further noted that Mr. Neil Tack, Water Department, has contacted each of the parties individually. Director of Finance Swan stated that, from an accounting standpoint and in an attempt to get a clean audit, these accounts should be removed from the current accounts receivable records and placed in a contingency file. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Director of Finance to write off the aged uncollectible utility accounts for 1978, 1979 and 1980 in the amount of $1,525.52. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - removal of pipes marking the route of the large water mains - Rowland Throssell - 4 Gardner Park Drive City Manager Evans presented to the Commission a request on behalf of Mr. Rowland I Throssell, 4 Gardner Park Drive, for the removal of pipes marking the route of the large water mains. The City Manager noted that Mr. Throssell had made this request several times and, after conferring with the Water Superintendent, City Engineer and City Attorney, they L. 2 r~ , v had told him that these pipes are necessary to mark the two large water mains running from the reservoir to the City. Mr. Rowland Throssell noted that he lives outside the City limits, and his property is straddled by the two main water mains from the reservoir to the City. Last summer, the City installed yellow pipes in both the front and back yards along these water mains. He requests I that the Water Department remove these pipes. Mr. Throssell stated that the reasons which the City has given for not removing these pipes are not plausible to him. These reasons in- clude (1) the City is afraid that someone will drill through the water mains while drilling a well ; (2) the City wants to see from one pipe to the next where the main goes in case of a break; and (3) the City Attorney stated that if the City does not mark the water mains, it may be open to a lawsuit. Mr. Throssell then noted that only one vacant lot is involved; if a pipe breaks, one knows where it is broken; and the City would probably be open to a lawsuit whether the pipe is marked or not. Mr. Throssell also stated that he has read the ease- ments, and they do not indicate the marking of the pipes. He then presented to the Commis- sion two pictures showing the yellow pipes in question. City Engineer Van't Hul stated that the markers are as small and inconspicuous as possible and still be usable by the City and other utility companies. He noted concern about the amount of activity along these lines because of the residences. He further noted that one water main is 24 inches and the other is 18 inches. They are both very heavy and don't carry very much pressure, so they may leak and cause a soft spot for years before being I discovered. The City Engineer noted it is important to the community that the City protect these water mains. Commissioner Anderson asked if there would be an aesthetic way to mark these water mains on established lots. City Engineer Van't Hul stated he does not feel that these pipes are non-aesthetic. He further noted that the City must have a way to mark these pipes which denotes that something is present which needs to be protected. The City Engineer further noted that the well for one of the houses built in the area missed the water main by only one foot. The City Engineer stated that the water mains are buried six to seven feet, and can be broken very easily. City Engineer Van' Hul stated that the markers should have been installed when the subdivision was first formed. Water Superintendent Don Strang stated that the utilities are all buried in Gardner Park Subdivision. He noted that this area is outside the City limits, so the City must let the other utility companies know that a water main is located there. Commissioner Vant Hull asked if the City Attorney has reviewed the easements and ap- proved the installation of markers. I City Manager Evans stated that it is the City Attorney's opinion that the City has the right to install markers to protect the water mains. City Engineer Van't Hul stated that most of the markers are on publ ic right-of-way. Also, most of the markers on private property are located on lot lines. The markers are lo- cated at crossings of other utilities, where problems may occur. , '~.' ,~,~ + Water Superintendent Don Strang noted that one of the water mains bends, and the markers are placed closer together so that one can sight along them and follow that bend. He further noted that these are the standard markers used for all water lines located outside the City limits. Mr. Throssell stated that the other utility lines are buried not more than one and one- half feet below the surface. I Commissioner Mathre asked if a two-foot marker would be feasible. City Engineer Van1t Hul stated that snow would cover the markers during the winter. Mr. Grover Anderson,S Gardner Park Drive, noted that his concern is the pipes lo- cated in the front. He stated that four pipes are located in the front, one at the two lot lines of each lot, and asked if these could be removed. He feels that one should be able to sight from the marker in one back yard to the marker in the other back yard. City Manager Evans stated he feels that it is a necessity to mark the water lines. He stated that the City is considering over 22,000 people, and the line should be designated to prevent any possible breach of the line. City Engineer Van't Hul noted that the City must use a standard marker for the water mains which other utilities will recognize. Also, if another utility is repairing a problem in the dark of night, they must be able to seek the markers and be alerted that a utility crossing is located there. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission defer action on the request on behalf of Mr. Rowland Throssell for the removal of I pipes marking the route of the large water mains through Gardner Park Subdivision for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - Vacation of Brady Avenue extended - Assembly of God Church - set public hearing date for May 3, 1982 City Manager Evans presented to the Commission a request on behalf of the Assembly of God Church for the vacation of the northern 118.5 feet of Brady Avenue extended. The City Manager recommended that the Commission acknowledge receipt of this request and set May 3, 1982, as the date for public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the request from the Assembly of God Church for the vacation of the northern 118.5 feet of Brady A venue extended, and that May 3, 1982 be es- tablished as the date for public hearing on the request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, I Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Discussion - truck traffic - possible detour during Main Street repair Commissioner Vant Hull stated that the State Highway Department has made no provisions for a truck detour during the construction period. She feels that this will create 425 a definite safety hazard as well as traffic problems. The Commissioner suggested that the Commission adopt a resolution for the installation of a sign at Four Corners to denote a truck detou r . Mayor Stiff requested that Commissioner Vant Hull draft a letter to the State Highway Department, to be discussed at next week's meeting. I Acknowledge report - B road Valleys Federation of Libraries for March 1982 City Manager Evans stated that the report for the Broad Valleys Federation of Libraries for March 1982 appeared to be in order and recommended that it be accepted. Commissioner Vant Hull noted that during two months this calendar year, 37 or 38 per- cent of the users have been from the rural areas. She further noted that the County residents passed a mill levy two years ago which would allow the County to levy 1.5 mills for the New Public Library. The County has levied under the 1.5 mills for the past two years; and she feels that it might be reasonable to ask the County to levy the full amount. Commissioner Vant Hull then suggested four alternatives to consider: (1) request that 1.5 mills be levied; (2) request that the 1.5 mills be levied on City residents as well as County residents; (3) request an allocation of County Federal Revenue Sharing Funds; and (4) request the County to reallocate the apportionment of the mill levy to the four libraries. Commissioner Mathre stated that, judging from the expected decrease in the value of a mill, she feels that the City should request that the County levy the entire amount. I City Manager Evans stated that the sooner the City could make such a request to the County the better, because it could be considered in the total process. He feels that it is worthwhile to pursue this matter and to look at any other possible options. The City Manager recommended that this matter be placed on the agenda for next week for further discussion. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge the monthly report for the Broad Valleys Federation of Libraries for March 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - Annual "American Diabetic Association" Bike-A-Thon - May 15, 1982 - 9:00 a.m. City Manager Evans presented to the Commission a request to conduct the annual "Am- erican Diabetic Association" Bike-A-Thon, to be held on May 15, 1982 at 9:00 a.m. The City Manager stated that the Chief of Police has no objections and recommended approval of the I request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request to conduct the annual "American Diabetic Association" Bike-AThon, to be held on May 15, 1982 at 9:00 a.m. The motion carrled by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. .. , '"')(', t,,~ c; File report - Quarterly for Fire Department for January-March 1982 City Manager Evans stated that the quarterly report for the Fire Department for January through March 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the quarterly report for the Fire Department for January through March 1982 be accepted and or- I dered fi led. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Beer and Wine License - The Southland Corporation (7-Eleven) - Calendar Year 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of The Southland Corporation, dba 7-Eleven Store for the Calendar Year 1982. The City Manager stated that at the regular meeting held on April 12, 1982, the Commission granted conditional approval of the application, contingent upon receipt of the State License. That license has now been received, and a copy is attached to the application. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a permanent Beer and Wine License on behalf of The Southland Corporation, dba 7-Eleven Store, for the Calendar Year 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, I Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Request for Budget Amendment - $9,774.60 (repair of fire truck) City Manager Evans presented to the Commission a Request for Budget Amendment in the amount of $9,774.60. The City Manager noted that this Request for Budget Amendment would transfer from the General Fund Unallocated Reserve to the Fire Division--Machinery and Equipment due to the transmission in one of the fire trucks needing unexpected repairs. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Budget Amendment in the amount of $9,774.60. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Beer and Wine License - Montana Pizza, Inc., dba Godfather's Pizza - I Calendar Year 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of Montana Pizza, Inc., dba Godfather's Pizza, for Calendar Year 1982. The City Manager noted that at its meeting on February 17, 1982 the Commission granted conditional approval, contingent upon the receipt of the State . , 2 7 '1 I License. City Manager Evans stated that the State License has been granted, and a copy is attached to the appl ication. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission grant permanent approval of the application for a Beer and Wine License on behalf of Montana Pizza, Inc., dba Godfather's Pizza, for the Calendar Year 1982. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Certificate of Completion - SI D No. 638 - sanitary sewer improvements - East Main Street (east of Jordan's) City Manager Evans presented to the Commission the Certificate of the consulting en- gineers, Thomas, Dean and Hoskins, Inc., notifying the City that construction of Special Im- provement District No. 638, sanitary sewer on East Main Street (east of Jordan's), by White and McNeil Excavating, Inc., has been completed in accordance with plans and specifications. This final acceptance does not relieve the contractor of responsibility of negligence or faulty materials or workmanship within the standard period provided for by law. The contractor has furnished a performance bond equal to contract bid to guarantee the materials and workmanship for a one-year period to commence upon final acceptance. The contractor has also furnished a $500.00 Certificate of Deposit to cover some cleanup items and final testing. I It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the project be accepted as completed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Recess - 6:10 p.m. Mayor Stiff declared a recess at 6:10 p.m., to reconvene at 7:00 p.m. for public in- terest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the pu rpose of discussing items of public interest. Public hearing - Proposed sign ordinance This was the time and place set for the public hearing on the proposed sign ordinance, entitled: I PROPOSED SIGN ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REQUIRING A PERMIT AND INSPECTION FOR THE ERECTION OF SIGNS AND SIGN STRUCTURES, REGULATING AND CONTROLLING THE DESIGN, QUALITY OF MATERIALS, CONSTRUCTION, LOCATION, ELECTRIFICATION, AND MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES, PROVIDING PENALTIES FOR ITS VIOLATIONS AND REPEALING ORDINANCE NO. 958 AND '. ~.~;:I ~'.. .,.,,1 ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CONFLICT THEREWITH. Mayor Stiff opened the public hearing. Building Official Gene Yde presented the proposed ordinance and listed the changes which are proposed. These proposed changes include: (1) increasing the fee schedule for sign permits by 100 percent; (2) decreasing the square footage allowed in a billboard sign; I (3) placing a $10.00 fee on banners hanging over public property; (3) placing a $20.00 per month fee on mobile or portable signs; (4) adding a section for control of mobi Ie or portable signs; and (5) changing, adding or deleting wording to conform to the Uniform Sign Code. Commissioner Anderson noted that signs are a very important part of the aesthetics of a community. She feels that the City Staff should research the matter and determine the criteria which signs must meet. Commissioner Anderson stated she feels that billboard signs should be phased out as they need repair and should be limited in size. Mr. Yde noted that the City does need a new sign ordinance. The present one contains an outdated fee schedule. Mr. Yde suggested passage of a sign ordinance at the present time which would contain a new fee schedule, and consider the passage of a new sign ordinance in the future which would include consideration of aesthetic qualities. He noted that the proposed fees are charged one time only when the sign is erected, except for the portable signs, which are a monthly fee. Mr. Yde stated that portable signs must be inspected for location and the electrical system periodically, which does take time and cost the City money. Commissioner Vant Hull asked how many portable signs are located within Bozeman. I Building Official Yde stated that approximately 40 portable signs are within the City limits. Acting City Attorney Jim Johnstone stated that the fee schedule is unclear. He feels that Items (a) through (e) should be listed as one-time charges and Item (f) is valid for 30 days and must be renewed to be valid. Mr. Wayne Arnold, Porta Signs, ag reed that some new regulations for portable signs should be established. He feels that these portable signs are most often abused by the private owners. Mr. Arnold does not feel that the proposed $20. OO-per-month fee is a fair one. He stated that businessmen are having a hard time keeping their doors open and could not handle the extra charge per month. He stated that he has eleven signs rented to various businesses in Bozeman. Mr. Arnold further stated that he has lowered his prices since the economy has fallen into its slump. Mr. Arnold noted that the portable sign is the most effective way to advertise today. He stated that a business can get its point across, and the sign can be changed regularly. Commissioner Weaver asked if a single business can rent a portable sign for an entire I yea r. Mr. Arnold stated that several of the portable signs are leased on a yearly basis. These businesses feel that the portable sign is the most economical way to advertise. Mr. Arnold further stated that approximately twenty signs are owned by individuals who make their living by renting these signs. The remainder of the portable signs in Bozeman are privately owned. L, 2 Q . v Mayor Stiff asked Mr. Arnold what his monthly rental charge is. Mr. Arnold stated that he rents the signs for $125.00 per month, with a yearly lease of $1,000.00. Mr. Arnold further stated that he would like to see a flat fee charged per sign per yea r. Also, he feels that a stricter sign code for portable signs is needed. I Commissioner Mathre noted that mobile signs are usually not considered to be in the same place for an extended period of time. She asked what the rental time is on these mobile signs. Mr. Arnold stated that the average rental period is approximately four months. Mr. Art Crane, a downtown businessman, stated that one must recognize the unique characteristics of each community. Bozeman's Main Street is a primary highway; and the pedestrian traffic has been reduced. Mr. Crane stated that he likes the portable sign because it is at the eye level of the driver and catches his eye; and permanent signs are not allowed at this height. Mr. Crane further noted that, with the current economic conditions, the businessman is using every means of advertising possible to maintain business volume. Commissioner Weaver asked what would happen to the effectiveness of the mobile sign if the number of signs were to increase. Mr. Crane stated that at some point the effectiveness would start to diminish. He a I so noted that the overall appearance and quality of the sign have a great deal to do with the sign's effectiveness. Also, the wording on the sign needs to be changed so that the public I will continue to see and read it. Mr. Crane suggested that the City set a maximum period of time for a sign to be in one location for a one-time fee, i.e., ninety days. Mr. Crane also suggested that the Commission consider a three-year stepped increase of sign fees. Mr. Ken Matthieson, Champion Auto, stated that he owns a non-electrical portable sign. He stated that these portable signs are the most effective media in Bozeman. He cautioned against taxing of the portable signs and noted concern about fees and regulations which might be imposed on these portable signs. Mr. Matthiesen expressed agreement that the monitoring of these signs should be paid for by the businesses rather than by the public. Building Official Yde stated that if the permit is established on a monthly basis, the necessity of the sign will be questioned, and some of the unnecessary signs will be weeded out. Commissioner Weaver noted that the average lease of a sign is four months. He sug- gested the possibility of establishing a quarterly fee for the portable signs. Mr. Yde stated that he feels that the City would be better able to control the use of these signs if the permits were issued on a monthly basis. I Mr. George McClure, 403 North Fifteenth, stated concern about the portable signs from an aesthetic and safety standpoint. He cited frayed electrical cords run across parking lots and driveways and the placement of these signs on public rights-of-way. He feels that the City needs to adopt regulations for these signs. Mr. McClure stated that, if it costs $20.00 per month to maintain surveillance on the portable signs, that should be the fee. I ", t ' . h ~.); ',,} . Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8:40 p.m. There being no further business to come before the City Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I