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HomeMy WebLinkAbout1998-03-02 Minutes, City Commission ---...---.--- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 2, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 2, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Stiff deferred action on the minutes of the meetings of February 17 and February . 23, 1998, to a later date. Ordinance No. 1458 - addina a new Chaoter 12.32 to the Bozeman Municioal Code providina for the establishment of Dermits for Darades and Dublic assemblies and the Dublic conduct during Darades and Dublic assemblies and the penalties for the violation Previously included in the Commissioners' packets was a copy of Ordinance No. 1458, as approved by the City Attorney, and entitled: ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.32, PROVIDING FOR THE ESTABLISHMENT OF PERMITS FOR PARADES AND PUBLIC ASSEMBLIES AND THE PUBLIC CONDUCT DURING PARADES AND PUBLIC ASSEMBLIES. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1458, adding a new Chapter 12.32 to the Bozeman Municipal Code providing for the establishment of permits for parades and public assemblies and the public conduct during parades and public assemblies and the penalties for the violation thereof. The motion carried by the following Aye and No vote: those voting Aye being 03-02-98 .---..-.---.-..-.. - -.. -... -.--... - 2 - Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Ordinance No. 1462 - revising Section 2.76.030 of the Bozeman MuniciDal Code bv amendina the residency reauirements for members of the Cemetery Board . Previously included in the Commissioners' packets was a copy of Ordinance No. 1462, as approved by the City attorney, and entitled: ORDINANCE NO. 1462 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2.76.030 OF THE BOZEMAN MUNICIPAL CODE BY AMENDING THE RESIDENCY REQUIREMENTS FOR MEMBERS OF THE CEMETERY BOARD. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1462, amending Section 2.76.030 of the Bozeman Municipal Code, pertaining to residency requirements for Cemetery Board members. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Discussion ra 1998 Sidewalk Proaram Included in the Commissioners' packets was a memo from City Engineer Craig Brawner, dated February 18, forwarding the draft 1998 Sidewalk Priority List, a proposed sidewalk schedule which includes Options A and B, and a listing of sidewalk installations required within three years under the subdivision review and approval process. City Manager Johnson asked that the Commission vote on the installation of sidewalks in new subdivisions separately from the 1998 sidewalk program. City Engineer Craig Brawner noted that under the City's sidewalk policy, a public hearing . is required on a sidewalk program requiring the installation of new sidewalks in existing areas of the community. He stated that the approvals for several of the newer subdivisions included a condition requiring that sidewalks be installed at the time a lot is developed or within three years of approval of the subdivision. He noted that those three-year time limits have expired, 03-02-98 - 3 - and sidewalks must now be installed. He stated that with the Commission ordering in the sidewalk, any question about the need to do so is eliminated. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the Clerk to bring back a resolution of intent to create a 1998 . Sidewalk Program, based on Option A, and set the public hearing date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Rudberg. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that, pursuant to State law and pursuant to subdivision plat conditions, the Commission order the installation of sidewalks in the following subdivisions: Valley Creek Subdivision, Phases I and II; West Babcock Subdivision; Westgate Subdivision; Cascade Subdivision, Phases II and III; Bridger Creek Subdivision, Phase I; Brookside Subdivision; Babcock Meadows, Phase I; and Greenway Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, . Commissioner Frost and Mayor Stiff; those voting No, none. Lease for Droposed Story Mill Spur Trail Included in the Commissioners' packets was a memo from Staff Attorney Tim Cooper, dated February 26, forwarding a copy of the proposed sub-lease for the Story Mill Spur Trail. Staff Attorney Cooper stated that he has worked with representatives from Montana Rail Link to develop a lease agreement that is acceptable to both entities. He then drew the Commission's attention to the provisions of Paragraph 5.c., stressing the importance of recognizing the liabilities that the City may assume under this agreement. He noted that if any violation of environmental laws is identified as a result of using the subject corridor as a trail, the City will incur full responsibility for investigation and remediation of the problem. . Commissioner Rudberg noted that, at this time, no one has identified any environmental problems with the site and, under the provisions of this lease, if problems are identified, the City will be responsible for remediating them. The Staff Attorney confirmed Commissioner Rudberg's comments, stating that, to his knowledge, no investigation of the site has been conducted. 03-02-98 _._u___.._._ - 4 - Mr. Sidney H. "Hup" Davis, 701 East Oak Street, read into the record a letter he had written to Montana Rail Link, dated July 5, 1996. He stated that his property lies immediately northeast of the 1-90 overpass and abuts the railroad right-of-way. He noted that he has requested the railroad abandon this unused line and allow the property to revert back to the . adjacent land owners, and conversations with others abutting the line reveal that they feel the He stated that, because of this abandoned line and its attraction to children and same way. others, his family's personal losses include cats, horses shot by pellet guns and stolen saddles. He stated that, with the ability to fence off the area, those problems could be eliminated. Mr. Davis noted that, attached to his letter, is a copy of a page from the abstract deed dated September 25, 1888, from Nelson Story and Ellen Story to the Northern Pacific Railroad Company. He noted that one of the conditions is ..... that this conveyance shall become and be void at any time when said Railroad Company shall discontinue maintenance of a Railway through or across the tracts and lots hereinabove described and as now located and staked out, ..... He stated that, in light of this condition, if the railroad has no future plans for the Story Mill Spur, it should revert back to the adjacent property owners. . Mr. Davis concluded his presentation by noting that the railroad does not maintain the spur line, and noxious weeds are currently growing along it. He then stated that neither he nor his neighbors want to see a trail along the railroad spur line. Mrs. Anne Banks, member of the Recreation and Parks Advisory Board, stated that the Gallatin Valley land Trust has worked for several years to gain this link in the Main Street to the Trails corridor. She stated this is an important link in the corridor, since it provides the only way to get under the interstate on the trail system. She suggested that many of the problems to which Mr. Davis has alluded would actually be minimized by use of this spur line as a trail. She noted that, with surfacing and traffic, the weeds would become less of a problem. She also stated that experience has revealed that there is actually a decrease in crime in areas where trails have been installed because of the increased population in the area. She . characterized this trail link as an asset to the community and encouraged Commission approval. Staff Attorney Tim Cooper characterized most of the issues raised by Mr. Davis as being private issues between the landowners and the railroad, rather than being issues which the City should address. He then reminded the Commission that under this proposal, the City is to become a sub-lessee, with no transfer of ownership being considered. 03-02-98 ------------------------ ---- ----- n__n_.____.._ - 5 - Responding to Mayor Stiff, City Attorney Luwe stated that a lawsuit by the adjacent property owners against the Burlington Northern Railroad would probably be the only way to determine if the conditions of the 1888 deed have been breached. He noted that, with a leasehold interest, any City participation in such an action would probably be very minor. . Further responding to Mayor Stiff, Staff Attorney Cooper stated that the abstract material references discontinuing maintenance of the railway, but he noted that phrase needs interpretation to determine if the current lapse in maintenance qualifies. He then noted that the Burlington Northern Railroad is the successor to the Northern Pacific Railroad, and the line is currently leased to Montana Rail Link. Commissioner Rudberg noted that under this proposal, the City would be leasing the railroad right-of-way for a period of time. She then noted that the City's liability in this instance would be no different than it is along other trails maintained by the City, such as the Gallagator Trail. Commissioner Frost noted that under this agreement, the City will be assuming all of the risk for environmental problems and, at this time, no one knows what kind of toxic materials . might be located along the line. He then asked about the potential for contamination being found along the line. Mr. Chris Boyd, Assistant Director of the Gallatin Valley Land Trust, stated that, historically, this line provided services to the slaughter house and the old mill. He noted that no train maintenance occurred along this line, so the potential of contamination is much lower than in other areas of the community. He then stated that the railroad does not view this line as income-producing and, therefore, does not maintain it. He suggested that if the right-of-way is leased by the City for a trail, it will be better maintained than it has been for several years. Responding to questions from Commissioner Frost, City Attorney Luwe characterized the City's liability in this situation as being the same as in the Bozeman Solvent Site. He noted that, while the City may not have caused the problem, it could still be found a potentially . responsible party because of the leasehold arrangement. As a result, he noted that whether the liability is identified in the lease or not, the potential of liability still exists. Responding to Commissioner Rudberg, Mr. Boyd stated that the "rails to trails" program is widespread across the country. He noted that under that program, the rails may be removed and the railroad bed converted to a recreational trail for non-motorized use, or the railroad may 03-02-98 .-...-.----- - 6 - remain active with a trail located along the side of the railroad bed, with a fence separating the rails and the trail. He stated that both programs have been found to work effectively and are acceptable to everyone involved. Further responding to Commissioner Rudberg, Mr. Chris Boyd stated that he has not . seen any report that would indicate there may be pollutants on this portion of the railroad line. He noted that it was used only for transportation, which makes it substantially different from the area where the roundhouse was located. Commissioner Smiley noted that when the Gallagator Trail was started, concern was raised by adjacent property owners about the potential for increased crime. She noted, however, that those property owners have found the trail is actually a benefit to them. Mr. Hup Davis stressed that his main concern revolves around ownership. He recognized that the spur line would provide a good place to walk for those who wish to use the trail system. He noted, however, that Montana Rail Link has approximately eleven years left on a 25-year lease of the spur line. He noted that if the adjacent landowners' interpretation of the deed restriction is accurate, then with the lapse in maintenance of the line as a railroad line, . ownership has reverted back to the landowners. He also raised the fact that the lower half of the line is located in the Idaho Pole superfund clean-up site. Responding to Mayor Stiff, City Attorney luwe stated that if Mr. Davis' assertion about ownership is determined accurate by the court system, then the City's sub-lease would be void and the property would revert back to the adjacent property owners. Mr. Chris Boyd stated that if the railroad chooses to abandon the rail lines, it must go through a process for abandonment with the ICC, and during that process, the City and the Gallatin Valley land Trust would have an opportunity to provide comments. Commissioner Frost stated that, in light of the Bozeman Solvent Site, he is extremely concerned about liability to the City. He agreed that this seems to be a harmless piece of track, but he is concerned that unanticipated problems could arise. He then indicated that he will . support entering into the lease agreement and "keep my fingers crossed". Mayor Stiff stated he has concerns about this proposal, particularly in light of the input provided by one of the adjacent property owners and his concerns about the potential liability that the City could be assuming through execution of the lease agreement and use of the spur line as a trail. 03-02-98 - 7 - It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize and direct the City Manager to sign a sub-lease agreement with Montana Rail link for lease of the proposed Story Mill Spur Trail, for use as a bicycle/pedestrian trail. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Smiley, Commissioner Rudberg, Commissioner Frost and Commissioner Youngman; those voting No being Mayor Stiff. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Notes from an anonymous telephone call on February 25, encouraging the Commission to retain and strengthen the leash law. (2) Letter of resignation from the Audit Committee, as submitted by Ken Vail. Commissioner Rudberg suggested that contacting the CPA organization in town might generate a well-qualified applicant to replace Mr. Vail. . (3) Letter from B.C. Black, 1418 Cherry Drive, dated February 25, regarding the leash law issue. (4) Memo from Joe Driskell, Alcohol and Drug Services of Gallatin County, February 25, 1998, forwarding an update on their grant application. (5) Letter from Betty Stroock, dated February 23, expressing concern about the garbage dumped along Story Mill Road by vehicles traveling to the landfill. City Manager Johnson stated that he talked to Street/Sanitation Superintendent Roger Sicz to gather information for a possible response to this letter. He noted that during the summer months, City crews do clean up along the roadway, and additional clean-up efforts will result in additional costs to the City. He then indicated that if a load enters the landfill with a cover over it, City staff has no way of knowing when that cover was installed. He noted that . complaints can be filed with the City Attorney's office by anyone seeing a load being covered just prior to entering the landfill. He further noted that increased enforcement efforts could also be encouraged, in an effort to curb violations. Responding to questions from the Commissioners, the City Manager stated that the public may obtain garbage bags from the Landfill staff in which to pick up garbage along the 03-02-98 . --- - - 8 - road, and that garbage can then be deposited at the landfill at no cost. The Commissioners concurred that it would be appropriate for the City Manager to respond to this letter. (6) Memo from Yellowstone Country forwarding the agenda for the March 4 alumni . meeting, to be held at the Gallatin Gateway Inn. (7) Agenda for the Development Review Committee meeting to be held on Tuesday, March 3, 1998. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 3, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 3, at the Courthouse. (10) Agenda for the Montana Transportation Commission meeting to be held on March 11 and 12 in Great Falls. Responding to Commissioner Rudberg, the City Manager stated that the Montana Transportation Commission has asked the City to rebid the rest area. He then indicated that . none of the City staff will be in attendance at the upcoming meeting. (11 ) The City Manager submitted his weekly report, as follows. (1) Announced that the property tax committee will conduct public hearings in Livingston on March 5 and in Bozeman on March 6. He noted that Representative Emily Swanson serves on that committee. (2) Stated that he has received requests from various groups recently to allow groups to ride on top of the fire truck in celebration of activities and winnings. He noted that, because of liability and safety issues, he has not approved those requests. He stated that this does not preclude the use of fire trucks and police cars in conjunction with other vehicles to recognize those groups. (3) Stated that the City now owns the Professional Building, noting that the closing was Friday. He stated that the sale of the Carnegie Building will be concluded on May 1. He noted that, as a result, staff is working diligently to try to get 120 to 180 days' worth . of work done in 60 days. ( 12) City Attorney Luwe submitted the following. (1) Stated that he has prepared possible motions for this evening's public hearings, to assist the Commissioners in their decision making process. (2) Stated that he attended the Kiwanis luncheon meeting. He noted 03-02-98 --. -.------- -...---. . - .-..-----.-- -------...--. .-- - 9 - that Simms made a presentation at that meeting, and they were very complimentary of the City's process for development of their new site in the Evergreen Business Park. ( 13) Commissioner Rudberg submitted the following. (1) Congratulated City Attorney Luwe for his Odyssey of the Mind team's first place finish this past weekend. (2) Attended a . meeting on welfare reform this morning. (3) Stated that she has been asked to serve on the County's jail task force. (4) Noted that Monday's edition of the Bozeman Daily Chronicle contains a section on MSU. She stated that, according to today's article, three of the little league fields are to be renovated. She then suggested that a note of acknowledgement should be sent. (5) Responding to Questions about comments contained in the Planning Board minutes, the City Attorney indicated that the Commissioner Liaison to a board may respond to Questions about various legislative actions; however, the Liaison may not provide testimony on a particular project. (14) Commissioner Smiley submitted the following. (1) Congratulated Commissioner Youngman on being chosen as Woman of the Year by the Business and Professional Women's Club. (2) Noted that Senator Max Baucus's office has called the Commissioners to find out . how many plan to attend the upcoming conference on revitalizing Main Street. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaaer to sign - Trail Corridor Access Easement Aareement - Jeffrey R. Aldworth and Debra C. Aldworth - Simkins Sour Trail Authorize City Manaaer to sian - Water Pioeline and Access Easement and Agreement - Dave Osterman - 35-foot-wide and 30-foot-wide easements across Tract 10. Northeast Annexation Authorize City Manaaer to sign - Sanitary Sewer PiDeline and Access Easement and Agreement - Dave Osterman - 35-foot-wide and 30-foot-wide easements across Tract 10. Northeast Annexation Ratify Water Treatment Plant Superintendent's signature - Amendment No.3 to Professional Services Aareement for Water System I morave ments . Corrosion Control Proiect - Damschen & Associates Authorize City Manaaer to sian - Amendment No.4 to Professional Services Aareement for Water System Improvements Corrosion Control Proiect - Damschen & Associates Authorize City Manaaer to sian - Amendment No. 1 to Professional Services Aareement for SID No. 660 (Vallev Unit Park) - Fischer and Associates 03-02-98 - 10 - Authorize City Manaaer to sian - Aareement with Comma-Q Architecture. Inc. - renovations to Municical Building Authorize Mayor to sign - letter to City-County Planning Board asking that they include uDdating of the tranSDortation plan and master Dlan in the work clan for the uccomina fiscal year and include those costs in their budget reauests . Acceptance of Quit Claim Deed - Parcel No.7 for West Oak Street riaht-of-way between North 7th Avenue and North Rouse Avenue - Donald A. Corcoran. Gene E. Cook. Donald A. Turner and Fred Bell AcceDtance of Easement across Parcel No.7 for West Oak Street right-of-way between North 7th Avenue and North Rouse Avenue - Donald A. Corcoran. Gene E. Cook. Donald A. Turner and Fred Bell AcceDtance of Right-of-Wav Easement across Parcel No. 11 tor West Oak Street riaht-ot-wav between North 7th Avenue and North Rouse Avenue - State of Montana Decartment ot TransDortation Authorize Clerk of Commission Sullivan to use annual leave at various times durina the month ot March Acknowledge receict ot letter from ThomDson PrODerties withdrawina ApDlication No. Z,.9423. amending zoning from "M-2" to "B-2" on old KBMN crocerty Authorize City Manaaer to sian - Addendum to Gallatin County/City of Bozeman Joint Communications/DisDatch Services/Records Interlocal Agreement . Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Recess - 4: 15 D.m. Mayor Stiff declared a recess at 4: 15 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 03-02-98 -.---.-.--- ...- -.--- ~ 11 - Public hearing - Commission Resolution No. 3227 - intent to create SID No. 665. for a water main extension to be known as the "Northwest Water Line" This was the time and place set for the public hearing on Commission Resolution No. 3227, as approved by the City Attorney, and entitled: COMMISSION RESOLUTION NO. 3227 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665 FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Included in the Commissioners' packets were copies of the following: letter of support from Anthony Wayne Corporation, dated February 23; letter of protest from William A. and Fae B. Rolfe, dated February 16; letter of protest from Dick D. Rolfe, as representative for William A. and Fae B. Rolfe, dated February 23; letter of protest from Michael G. Garrity, attorney for Thomas E. Reiner and Lux Transfer and Storage, dated February 24; third amendment to the interim water supply order from the Department of Environmental Quality, along with . Attachment 5 to the original order; letter from Barry O'Connell, attorney representing the City, to Denise Martin, Department of Environmental Quality, dated February 18; letter from Cynthia Brooks, Special Assistant Attorney General, to Barry O'Connell, dated February 20; Utility Tie- on and Annexation Agreement, dated November 30, 1973; and letter from Tom Reiner, dated June 9, forwarding waiver of right to protest creation of special improvement districts for extension of water mains, dated May 12, 1997, as executed by Tom Reiner for Lux Transfer & Storage. Mayor Stiff opened the public hearing. City Engineer Craig Brawner gave a brief history of this proposed special improvement district, noting that on December 20, 1996, the City received a petition signed by 59 percent of the property owners, requesting the creation of a special improvement district for the . purpose of constructing trunk water main improvements along the North 19th Avenue corridor between West Oak Street and the 1~90 North 19th Avenue interchange. He noted, in addition, 16 percent of the properties within the proposed district are covered by a waiver of right to protest the creation of a special improvement district for the installation of water improvements 03-02-98 - 12 - which was signed in 1973. He noted that the petition also named Gaston Engineering as the desired project engineer. The City Engineer stated that for the past year, City staff has worked with the consulting engineer to refine the district boundaries, determine the ownerships and area . involved, create the preliminary alignment of the improvements and estimate the costs of construction and the total SID costs. He noted that the boundaries include properties both inside and outside city limits and, as a result the City Commission and the County Commission have adopted a joint resolution agreeing to the conditions for creation of the SID. City Engineer Brawner stated the deadline for submittal of written protests was 5:00 p.m. on Tuesday, February 24. As of that date, protests on two properties within the district were received. Those protests represent 9.1 percent of the county properties in the district and 5.8 percent of the overall value of the assessments, which is well below the statutory level precluding creation of a requested special improvement district. Mr. Jerry Gaston, Gaston Engineering, consulting engineer, stated that in October 1996, several property owners in the area contacted him about extending water to this area, which . is the step that began the entire process. He noted that, as a result, he circulated the petition which was subsequently submitted to the City. He then reviewed the boundaries of the proposed district, noting the district is an extended district. He stressed that this district is for the installation of a trunk water main, not a distribution system, so the improvements will not abut every parcel within the district. He noted, rather, that distribution lines will be installed to serve the properties in this portion of the community. Mr. Gaston noted that a water main was installed along West Oak Street between North 7th Avenue and North 19th Avenue last year. Under this district, 10-inch and 12-inch water mains are to be installed from there to the 1-90 interchange, including pressure reducing valves and a number of fire hydrants. He stated that the estimated total cost of the project is $1.7 million which, when spread over the 430 acres in the district, will be assessed at the rate of . 9 cents per square foot. He highlighted the schedule for the project, which includes completing the pre-design in April, the preliminary design completed in May and June, with the final design being submitted for review in July, construction beginning in September or October, and project completion in July 1999. 03-02-98 ._m_ ..._.______n_ - 13 - Mr. Gene Graf, representing Gallatin Center Limited Partnership, stated that while the formation of the district has been in process for the past one and one-half years, it has been in the planning stage for 25 years, beginning with the waiver of right to protest the creation of a special improvement district for the extension of the water line which was signed for the . Gardner-Simmental Plaza in 1973. He characterized the extension of the water main to this area as a step toward solving many problems in the area, including the plume from the Bozeman Solvent Site. He stated that annexation of the Gallatin Center property has been completed and donations of land made to the City over the past seven years in contemplation of the development of that property. He concluded by encouraging creation of the district. Mr. Frank Armknecht stated he owns property in the Gardner-Simmental Plaza, and he is currently in the process of building a new facility for his family business. He encouraged the creation of the district and extension of the water line because it will assist him in development of this lot as well as the other lot he owns. Mr. Carl VanderMolen stated his land lies immediately south of Mr. Graf's property. He indicated that, while he is not opposed to the creation of the district, he is concerned about its . timing. He noted that at the present time, his property is still in agricultural use, and his cows have told him they "don't like chlorinated water". He noted that paying his assessment for this special improvement district could be a financial drain for him, particularly since he does not anticipate immediate development. He then asked how paying for this special improvement district might affect impact fees when development occurs. He also asked about the property to the west and whether that property will be served by this main without those property owners being required to participate financially. Mr. Tom Reiner, owner of Lux Transfer and Storage, stated he protests the creation of the special improvement district for a number of reasons. He noted that he built his facility in the early 1980s and drilled wells, which he intended to always use. He noted that late in 1990, the State notified him that his well was contaminated and that he needed to ensure his . employees used an alternative water source. He stated that at that time, he was assured that the safe water would be provided at no cost to him, and since 1993, bottled water has been provided for his business. He stressed that several times over the past few years, he has been assured that while the water in the area is contaminated, he would not bear any of the costs of resolving the issue. He noted that those assurances included a copy of an interim order 03-02-98 ------ ---- . ..-..--...- ..-.-.---.--..--...-.-.-- - 14 - which specifically indicated the property owners would not incur any costs as a result of the Bozeman Solvent Site. Mr. Reiner stated, however, that when he received the notice of the City's intent to create this special improvement district, he realized that those assurances were not being met. . He protested the creation of the district on the basis that he does not need the water to serve the couple of offices he has in his building. He recognized that $17,000 in assessments does not sound like much; however, he stated that his profit margin is very low, and this additional cost could have a very negative effect on his business and his eight employees. He concluded by encouraging the Commission to not create this special improvement district. Mr. Dick Rolfe, 2525 North 19th Avenue, representing the 20-acre parcel owned by his parents, William and Fae Rolfe, stated he is opposed to the creation of the district because he doesn't think "people really give a damn any more about personal property rights", an issue which is important to him. He noted that the subject 20 acres is located in the middle of Mr. Graf's property but is not inside city limits, and his family intends to retain it in agricultural use. As a result, they are being forced to pay for services they will never use. He recognized that . the district has been well thought out, but he feels creating a financial strain on people who will not use the service is inappropriate. He concluded by encouraging the Commission to make an allowance for this type of situation. City Engineer Craig Brawner reviewed the master plan for water mains in the subject area. He noted that the water facilities plan includes the trunk water line being installed under this proposed special improvement district, to serve the properties along the North 19th Avenue corridor. He noted that the plan includes a trunk line through the Gardner Simmental Plaza with a local service line loop back to West Oak Street west of North 19th Avenue, through Carl VanderMolen's property. He stated another major trunk line is proposed to connect north of Costco, then follow along Davis Lane, which is on an alignment with Fowler Avenue, to connect back into the City's water main system in that area. He noted that the property . owners west of this district will be asked to participate in the installation of that segment of the water main system to serve this area. 03-02-98 -.------ - 15 - Break - 7:30 to 7:40 D.m. Mayor Stiff declared a break from 7:30 p.m. to 7:40 p.m., in accordance with Commission policy. . Public hearina (continued) - Commission Resolution No. 3227 - intent to create SID No. 665. for a water main extension to be known as the "Northwest Water Line" City Attorney Luwe noted that there will be no water impact fees charged until development is connected to City water, and then they will be assessed at whatever rate is in effect at that time. He then stated that under this proposed special improvement district, extension of this water main is to be privately financed, with no impact fees being used for the project. He then reminded the Commissioners that he does not anticipate that participation in this SID will qualify for credit under the impact fee program. Mayor Stiff noted that the special improvement district process provides for low.interest financing spread over several years. Responding to Commissioner Frost, City Engineer Brawner confirmed that this special . improvement district has been driven by a petition from a majority of the property owners within the district. He also confirmed that this is one mechanism through which infrastructure improvements can be extended to an area, particularly in situations where the City is not yet prepared to make those extensions. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission find that the written protest is not sufficient to preclude the creation of Special Improvement District No. 665. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the . Commission authorize and direct staff to bring back a resolution to create Special Improvement District No. 665, the "Northwest Water Line", in accordance with the resolution of intent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. 03-02-98 ---.--....--......-.---.-., .. . ----.--.--..---.-.----------..-- --.-.--- -.---...-.-...----..- - 16 - Public hearing - Zone MaD Amendment - "R-3" to "R-4" on 35% acres. "R-3" to "B-1" on 5 acres and "R-MH" to "B-1" on 5 acres located in the NE%. SE%. Section 9. and a Dortion of the SE%. NE%. Section 9. 12S. R5E. MPM (northwest and southwest corners of intersection of Cottonwood Road extended and West Babcock Street extended) (Z-9804) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by the City Commission, under Application No. Z-9804, to change the zoning . designation on 35 % acres from "R-3", Residential--Medium-density, to "R-4", Residential--High density, to change the zoning on 5 acres from "R-3", Residential--Medium-density, to "B-1", Neighborhood Commercial, and to change the zoning on 5 acres from "R-MH", Residential-- Mobile Homes, to "B-1", Neighborhood Commercial. The subject property lies in the Northeast Quarter of the Southeast Quarter of Section Nine, and a portion of the Southeast Quarter of the Northeast Quarter of Section Nine, Township Two South, Range Five East, Montana Principal Meridian, and is more commonly located in the northwest and southwest corners of the intersection of Cottonwood Road extended and West Babcock Street extended. Mayor Stiff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planning . Director Debbie Arkell. He noted that during previous consideration of zoning designations for the Valley West Annexation, Assistant Planning Director Arkell prepared a map showing the existing "B-1" zoned properties and a one-mile radius from each of those districts. He then reminded the Commissioners that during consideration of the zoning requests for the Valley West Annexation, they recognized the concerns raised by the Planning staff and the Planning Board and concurred that the "B-1" zoned area at the intersection of West Babcock Street and Cottonwood Road should be expanded. He noted the Commission also suggested that the residential zoning in the central portion of the development, immediately north of the commercial node, be established at a higher density than was proposed. The Planning Director stated that staff has prepared a zone map amendment, at the Commission's direction, and has evaluated that amendment in light of the twelve criteria . established in the Montana Code Annotated. He noted that the staff's findings are contained in the written staff report, which was previously distributed to the Commission. He stated that under this application, the zoning on approximately 1 0 acres will be changed from residential to neighborhood commercial, and the zoning on 35 % acres will be changed from medium- density residential to high-density residential. He noted that the increased size of the 03-02-98 - -- ---------- - 17 ~ commercial area could result in providing employment opportunities within walking or bicycling distance of residential development, in an area where development is anticipated over the next ten to twenty years. Planning Director Epple stated that the City-County Planning Board conducted its public . hearing on this application at its mid~February meeting. Following its public hearing and consideration of the twelve criteria and staff's findings, the Board concurred in staff's recommendation for approval. No one was present to speak in support of or in opposition to the proposed zone map amendment. Commissioner Frost noted that, even with "R~4" zoning, low~density residential development can be done. Responding to Commissioner Frost, the Planning Director confirmed that under the zone code, as currently written, there is no minimum density requirement on the higher density residential zoning designations. Commissioner Frost stated he is concerned about the fact that the City has no control . over the density at which a zoning district may develop, so its control over sprawl is limited. He then indicated that he would be interested in establishing maximum lot sizes and minimum densities in the medium~ and high~density zoning districts. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment, as requested by the City Commission, under Application No. Z~9804, to change the zoning designation on 35 % acres from "R~3", Residential~~Medium~density, to "R-4", Residential--High density, to change the zoning on 5 acres from "R~3", Residential--Medium-density, to "B~1 ", Neighborhood Commercial, and to change the zoning on 5 acres from "R~MH", Residential--Mobile Homes, to "B~ 1", Neighborhood Commercial, in the Northeast Quarter of the Southeast Quarter of Section Nine, and a portion . of the Southeast Quarter of the Northeast Quarter of Section Nine, Township Two South, Range Five East, Montana Principal Meridian, and authorize and direct staff to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. 03~O2~98 .------- ...---. - 18 - Ordinance No. 1463 - revising various sections of ChaDter 6.04 and Section 12.26.030 of the Bozeman MuniciDal Code to Drovide for animals under voice control in lieu of leash reauirements Included in the Commissioners' packets was a copy of Ordinance No. 1463, as approved by the City Attorney, and entitled: ORDINANCE NO. 1463 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1446, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 6.04.010,6.04,070,6.04.110, AND 6.04.130; PROVIDING FOR REVISIONS TO THE DEFINITIONS; RESTRAINT AND CONFINEMENT; NUISANCES, AND REDEMPTION REQUIREMENTS FOR IMPOUNDED ANIMALS; AND FURTHER AMENDED BY REVISING SECTION 12.26.030; PROVIDING FOR REVISIONS TO PROHIBITIONS IN PUBLIC PARKS. City Attorney Luwe stated that, based on requests from some of the Commissioners, Staff Attorney Cooper has prepared an ordinance amending portions of the animal control ordinance. Included in the Commissioners' packets or distributed on the Commissioners' desks just prior to the meeting were letters and notes from telephone calls received, as follows: Martin . A. Hamilton, 309 South 6th Avenue; Lanette and Mark Dawd, 2425 Outlaw; Helen Donvan and Michaelean Dennis, 1430 South 3rd Avenue; Mark Cechovic, 3009 Erwin Avenue; Carrie Anderson, 708 South 7th Avenue; Kim E. Lockwood; Eva Ericksen, 1114 South Grand Avenue; Nancy Heaberlin, 307 Treasure Avenue; John and Renee Thorp, 1809 South Rouse Avenue; Corinne Hart, 503 Ivan Drive; Cleo Butler, 209 North 3rd Avenue; Jennifer and Gregg Perry, 1121 South 3rd Avenue; Betty Stroock, 1350 Story Mill Road; Ron Cooper, 1204 South Spruce Drive; and comments from an anonymous telephone call. Ms. Vicki Groeneweg, member of the emergency room staff at Bozeman Deaconess Hospital, stated that they treat fifteen to twenty serious and often disfiguring dog bites each year. She stated that 90 percent of the dog bite injuries are from unleashed animals who obviously do not respond to voice command. She stated that approximately 60 percent of the . dog bite victims are children, and those bites are generally on the face, head and neck. She She noted that, in addition to being painful, complications often accompany the bite. concluded by stating she is adamantly opposed to allowing any kind of voice command in lieu of a leash law and, in fact, stated she would prefer to see the leash law strengthened. 03-02-98 - 19 - Ms. Mary Vant Hull, 416 East Story Street, stated she has lived in Bozeman for 36 years and has seen the animal control ordinance, as well as the enforcement program, change several times. She stated that the tougher leash laws were no more effective, noting that dogs could be seen running loose at night and in the early morning. She characterized the tougher laws . as making one feel good, with little effect. She suggested, in fact, that such laws can result in a false sense of security for people when they see a dog approaching. She noted that last year, Corinne Hart was attacked by a dog on a leash because the woman could not control the animal. Ms. Vant Hull stated that education is the best way to address the issue. She noted that this is an approach that has not yet been tried in the community, even though she promoted one during her eight years on the City Commission. She stated that she also donated $50 toward the purchase of pooper scoopers and the implementation of a city-wide program, but the program was never enacted. Ms. Vant Hull noted that approximately one and one-half years ago, a committee of eleven people asked the Commission to provide for voice control in Burke Park and offered to . assist in implementing an education program. She noted that the program could include giving people an information sheet when they license their dogs. She suggested that the owner could also be required to sign a paper saying he understands the regulations and plans to abide by them. She suggested that this could serve as an effective educational tool. She also noted that a friendly ordinance encourages people to cooperate. She forwarded her position that an ordinance should reward people who have responsible dog owners and punish those people who are irresponsible. She suggested that with a good education program, the community could become a better and safer place in which to live. She also suggested that more leash free areas in which dogs can run would be an advantage to people and dogs alike. Ms. Vant Hull suggested that the Commission appoint a volunteer citizen committee to develop and promote an education program, noting that such a program can be done without . great expense. She concluded by encouraging the Commission to adopt this ordinance. Mr. Peter Bentley, 403 Y2 North 3rd Avenue, stated he does not feel that dogs should run free. He noted that if one has to yell, not talk, to a dog or if it does not pay attention, then that dog is not under voice control and a problem exists. He then stated that he is proud of his dog, noting that he could probably walk by anyone in the room without his dog reacting. 03-02-98 -.--------.------.--- ----.-.----- ...- - 20 - He noted that many people in the community take great pride in how they raise and train their dogs, and he feels those efforts should be recognized. He stated that responsible pet owners should be allowed to "exercise their unleashed friends" in parks and on sidewalks, not be relegated to only one area. He recognized the need to keep animals away from picnic areas and . playgrounds, but he feels there is adequate space in the community for everyone. Mr. Bentley stated that nuisance dogs should be dealt with under the appropriate section of the code, rather than by penalizing responsible pet owners through a strict leash law. Mr. Mike Sternhagen, 1203 Holly Drive, stated that he has lived at this address for twelve years and, for the past five years, he has incurred problems because of people walking along the nature trail with dogs off leash. He noted that the people often characterize their dogs as being under voice command, but they still jump on his fence and fight with his dog. He concluded by stating that dog owners should be held accountable and should be required to keep their dogs on leashes. Mr. J.R. Boyd, University Subdivision, characterized himself as the "guy that scoops his kids up when there's an unleashed dog on the street" and "scoops poop out of his yard and . off the kids' shoes". He encouraged the Commissioners to carefully consider the issue from a child's perspective, particularly when encountering a large dog which is "at nose level". He stated that he is teaching his children to not be afraid and to approach a dog cautiously, but having a dog bound down the sidewalk unleashed can be a real problem. Mr. Boyd stated he does not support the concept of voice control, but strongly supports an ordinance which requires that the dog be kept under leash control, with good enforcement of that ordinance. He then asked what voice control really means, noting it means different things to different people. He also noted that when a dog is not on a leash, one cannot be really sure if it is under voice control. Mr. Boyd also stressed the importance of ensuring accountability for cleaning up after dogs. He cautioned that if a dog is not under leash control, that accountability could become . much more difficult. Mr. Boyd said he has no problem with designating Burke Park as a leash free zone, stating that if he knows an area is a leash free area, he will be more cautious about where he and his children step. He noted, however, that he wishes to be assured that the downtown 03-02-98 ...... ---.- ..---- - 21 - streets, those areas in city parks close to playground equipment and other public areas, and his own back yard are safe from dogs and their messes. Mr. Boyd stated that truly responsible pet owners already abide by the leash law and clean-up requirement, even though they may not be written. He concluded by asking the . Commission to retain the leash law requirements. Mr. Jeff Krauss, 508 Park Place, stated he has two boys, aged 5 and 9, who are present at this meeting. He reminded the Commissioners that there are a significant number of children in the community, and one of their responsibilities is to ensure those children's safety. He noted that an article in the Journal of the American Medical Association revealed that the highest incidence of dog bites is on boys ages 5 to 9. He also noted that almost half of all children are bitten by a dog at some time in their lives, and at least half of those bites are on the head, face or neck. He stated that he does not feel allowing unrestrained dogs is appropriate, particularly in light of these facts and the attendant risks. Mr. Krauss noted that government passes laws specifically delineating types of behaviors that are not accepted, such as driving while drunk, discharging firearms and speeding. He . characterized the leash requirement as a similar law, recognizing that it does not necessarily prevent loose animals but it does give people a recognizable standard by which to live. He stated that to loosen the leash law requirement will increase the risks to a large segment of the population, and he feels that is a step in the wrong direction. He recognized that requiring a dog to be on a leash may create an inconvenience to the owner; however, he stated that public safety should be an overriding factor. He concluded by encouraging the Commission to retain the leash requirement and not allow voice control. Ms. Ganay Johnson, Director of the Humane Society, stated that the Humane Society has chosen to stay out of the leash law debate to date. She noted that the City's common sense Animal Control Officer will not stop to cite an animal walking obediently beside its owner if that animal is not on a leash, and she feels that is appropriate. She stated that the proposed . revisions are designed to not make criminals out of responsible pet owners, but to recognize those individuals by allowing them to walk with their animals off leash. She stressed that under the proposed revisions, horrible behaviors will not be allowed, and can be cited under various sections of the code. She stated that the answer to the identified problems is 03-02-98 --- --...-------.---- .- --. , - 22 - education. She also noted that dogs need places to exercise and run free, and those areas should not be located close to playgrounds or sports fields. Ms. Johnson stressed that dogs and small children are not a good mix, noting that dog bites can often result. She stated, rather, those two activities should be segregated to avoid . the conflicts that could otherwise arise. Ms. Johnson stated the Humane Society stresses that responsible pet ownership is achieved through legislation, education and sterilization (LES)' She indicated that if the Commission adopts this ordinance, the Humane Society will help the City achieve the desired results through its educational efforts. She concluded by encouraging favorable consideration of this ordinance. Mr. Jon Gerster, 719 North Wallace Avenue, stated that his home is located along the "Main Street to the Mountains" trail corridor, which is frequently used to gain access to the Story Hills area. He noted that he has been able to observe the behaviors of dogs, both restrained and unrestrained and the conflicts that can arise. He stated that when a dog is on a leash, the owner knows where that dog is. He indicated that his yard is fenced, and he has . had unleashed dogs jump the fence and mess in his yard. He characterized the leash law as helping every dog owner become part of animal control, and said it will help to keep people from feeling threatened by dogs. He concluded by noting that when living in town, everyone is living together in a small space and must get along with everyone else to make it a harmonious community. He stressed that people should not be put on leashes or required to stay in their own yards to feel safe and encouraged the Commission to retain the leash law. Mr. Erik Olsen, 221 South 10th Avenue, spoke in support of the proposed ordinance, reminding the Commissioners that when they previously considered revisions to the animal control ordinance, a significant number of people spoke for relaxing the leash law requirements. He further noted there are 47 developed and undeveloped parks in the community, but dogs are allowed to run free in only one of those parks. He characterized that park as being available . to only those who are physically fit, noting that it is not accessible to the disabled or the less physically fit. Mr. Olsen stated that 45 percent of the residents in any given community have dogs, and he feels that increasingly restrictive regulations are inappropriate, particularly for responsible dog owners. He characterized those restrictions as precluding a large segment of 03-02-98 -- - 23 - the community, who pay taxes, from using some of the amenities, such as parks. He noted that Cooper Park is supported by taxpayers and, on any given day, an estimated 200 to 300 people violate the leash law by allowing their dogs to run and play off leash in that park. He further noted that the park is relatively clean because the dog owners and neighbors around the . park work to keep it clean. He suggested that by designating this and other parks throughout the community as leash free areas, people could walk their dogs to an exercise area, rather than driving three miles to do so. Mr. Olsen recognized that portions of the proposed ordinance revisions are controversial, however, he noted that people have expressed support for regulations which do not penalize reasonable people whose dogs may be occasionally off leash. He suggested that a previous animal control ordinance provided for voice control and noted that option should be provided again. Mr. Olsen stated that a significant amount of support has been expressed for requiring dog owners to clean up after their dogs, both on public and private property, and he feels that is appropriate. He encouraged the City to place plastic bags in the various City parks to assist . in this effort. Mr. Olsen then indicated several people have expressed concern about unreasonable experiences with the Animal Control Officer and stated that, as a result, the ordinance should be modified rather than providing for flexibility and discretion in enforcement. He concluded by encouraging the Commission to adopt revisions to the animal control ordinance that will allow responsible dog owners the options of using City parks and controlling their dogs without the use of a leash at all times. Mr. Dan Figgins, 716 East Oak Street, related four stories pertaining to dogs in his immediate area. He noted that many of those incidents revolve around people taking their dogs to the edge of the city to let them run and exercise, but the results have been people trespassing, dogs chasing his livestock and dogs messing on his property. He noted that in the . other instance, he was riding a horse in Story Hills when a person let a dog out of the car to run, and that dog began trying to find a fawn after the doe ran away to draw the dog away. He stated that the road into Story Hills is a private road, and the property along the road is privately owned. He noted that people do use the roads to exercise their dogs, and this results 03-02-98 ......-. ...----... - ---.--.-- ...--- -----.. -- ----.. - 24- in a traffic hazard that could result in a bad accident. He concluded by noting that finding a safe area for the exercising of dogs seems to be a problem that needs to be addressed. Mr. Christopher Nixon, 719 North Wallace Avenue, stated that he is opposed to relaxation of the leash law. He expressed his thanks to those few dog owners who are truly . responsible pet owners. He noted that one gentleman rides his bike while running his two dogs, and those dogs are on leashes and under his control. He stated that it is not uncommon for unleashed dogs to run out into the street and disturb either the dogs or the owner. He recognized the importance of providing adequate places for people to exercise their animals and encouraged the Commission to give careful consideration to that issue. Mr. Nixon stressed the importance of education, both for those who choose to own dogs and the dogs themselves. He noted he has no problem with a dog in a fenced yard, as long as the dog does not bark or disturb the neighborhood. He stated that for the dog to be well behaved in public, it must be properly trained. Mr. Eric Shelkey, 506 West Story Street, stated his dog is well trained and respects what he says. He also stated that when he walks his dog, he takes a plastic bag along, . although he has observed others walking dogs on leashes that do not do so. He then stated that he feels education is a preferred alternative to stricter regulations and encouraged the Commissioners to give careful consideration to the revisions being proposed. Ms. Debra DeBode, 527 North Montana Avenue, stated she recognizes that some people have had bad experiences with dogs, including even disfiguring dog bites; however, she suggested that those same people have probably had good experiences with dogs. She noted that she often walks to and from work at the University, and she has not seen dogs out running around or creating problems. She then forwarded her position that most dogs need to be on leashes because they are not under voice control. She stated, however, that for those who do truly have voice control over their dogs, she feels the option should be made available. She also stated she feels it is important for all dogs to be on leashes in areas of parks close to . picnic areas, playground equipment or sports fields because of the conflicts that might arise in those areas. She then noted that problem dogs and dogs that bite people need to be taken care of, but that occurs under a different section of the code. Mr. Erik Olsen stated he feels it is important that people in the community who are interested in this ordinance be given an opportunity to read it prior to the Commission taking 03-02-98 ---...----. -.----..- ..-....-- --. --- - 25 - action on it. He then indicated he feels the Animal Control Officer is capricious, and the option for using discretion in enforcement should be removed. He cited personal incidents which he feels substantiate his position, including problems with pit bulls running at large close to his home. He noted that one of those dogs, in fact, bit his daughter. He stated that this type of . dog should not be allowed inside city limits, no matter how responsible the owner might be. Ms. Mary Vant Hull stated she feels that the initiation of an education program could help to address many of the issues and concerns raised by various members of the public. City Manager Johnson asked that the Commission give staff members an opportunity to defend themselves when issues are raised, if they wish to consider those comments. Commissioner Rudberg read into the record a letter she received from a 7-year-old named Matthew, who stated he does not like dogs licking him or jumping on him. She noted that this issue is an emotional one. She stated that she also cannot ignore the information in the January 7, 1998, edition of the Journal of the American Medical Association entitled Incidence of Dog Bite Injuries Treated In Emergency Departments, which indicates that "... almost half of all children have been bitten by a dog at some point in their lives. Among . children, more than 50% of documented bites have been to the head, face, or neck." She expressed concern that most of those bites are not clean; rather, they are more of a rip or a tear, which do not heal as well and tend to leave more scars. She then stated that as she came to the Commission meeting today, she talked to six people between the front door and the Commission Room, and five of those people had been bitten by dogs. She stated that if dog owners were responsible, the Commission would not be having this debate. She suggested that if an educational program is desired, then the dog owners should devise the program; it is not the City's job to do. She also stated she does not believe it is the City's responsibility to provide pooper scoopers for the residents, stating it is the owner's responsibility to take along whatever is necessary to clean up after the animal. She then stated that she feels it is important to have dogs on leashes, although she feels it is not necessary to . keep cats on leashes. Commissioner Smiley said the only part of the revised ordinance with which she is having trouble is the phrase "at heel", stating that is because there are so many people "who just don't have a clue about dogs". She suggested that with education and peer pressure the situation could be improved. She then noted that, for the first time today, she saw somebody 03-02-98 -- ---- - ------ --- - 26 - pick up after a dog in the downtown area. She forwarded a proposal that a different license be created for dogs that do heel and can pass a test developed by the City and possibly administered by the Humane Society. She suggested that the fee for such a license be set higher than the standard license fee, possibly at $25 to $50. She stated that, for the . protection of the community, she feels the leash law is appropriate. Commissioner Youngman stated that she can agree with many of the points which have been voiced on both sides of the issue because she recognizes the reasons for them. She noted that under the proposed revisions, it will still be illegal for dogs to damage private property, and they must be under a person's control if they are off their own property. She noted that a leash would also be required in a park unless the dog is under voice control. She also noted that the complaint process is also available. She then characterized the ordinance as strengthening and clarifying the language on some of the issues, such as nuisance animals. She stressed that the unacceptable behaviors, such as jumping on people, will still be deemed an offense and can be cited under this ordinance. Commissioner Youngman expressed concern about the Commissioner remark in the . previous hearing about allowing people to have dogs off leash in a park if they are not causing any problems. She characterized this ordinance as an attempt to draw a clean line that can be easily recognized and enforced. She then stated the City should become involved in the education process, noting that it will help to ensure the desired result is reached. She also noted that through the volunteer efforts of an ad hoc committee and a more flexible ordinance, the community could become a safer place in which to live. She noted that nobody wants to see a child or adult harassed or injured by a dog. Commissioner Youngman noted that, particularly in the winter, it can be unsafe for an elderly person to take a dog on a leash. She suggested that the proposed revisions to the ordinance would actually make it safer for them and others who could be injured by a dog tugging on a leash. . Commissioner Youngman stated it would be interesting to know the breakdown of dog bites inside the city versus those in the county. She then concluded by stating her support for the ordinance as proposed. Commissioner Frost stated he received several telephone calls about the proposed ordinance this weekend. He noted that most of those individuals got their information from the 03-02-98 - 27 - newspaper and, as a result, automatically assumed that under this new ordinance, dogs would be allowed to run free. He stressed that this is not the case; in fact, in many instances, the ordinance is strengthened. He noted that many of the issues and problems which have been raised currently are and will continue to be illegal under the new ordinance. He stressed the . importance of maintaining a separation between childrenand dogs. He noted that when a dog approaches him, he is always frightened because he does not know how that dog will act or react, and children often get too close to a dog, which results in problem situations. Commissioner Frost noted that the annual police report revealed that there were 32 animal bites in the city last year. He recognized that, while the laws cannot be enforced 100 percent of the time, it is important that they be on the books. He also noted that education is important, stating he feels the City should be involved in those efforts. He stated that signage is needed in the parks, to inform people where their dogs can run free. He also noted that the City needs a full-time animal control officer, without the additional duties that are currently attached to that position. He noted that dogs at large throughout the community create many problems that need to be addressed. He also noted that if an individual picks up . a dog and takes it to the Humane Society, no ticket is issued. He suggested that, in reality, a dog at large ticket should be issued in that type of situation and the fine collected. He concluded by forwarding his support for the proposed ordinance. Commissioner Frost stated it is not normal to see a dog "at heel", although there are a few dogs in the community that obey that command well. He stated that those animals should not be viewed as breaking the law, and they should not be penalized. He suggested that through a public education program, the provisions of the ordinance and the consequences for irresponsible pet ownership could be distributed throughout the community. He concluded by stating the community needs strong, reasonable and understandable laws, and he feels this proposed ordinance meets those requirements. Mayor Stiff stated that everyone has friends or acquaintances that have been disfigured . by dogs. He then noted that the Commission has spent an inordinate amount of time on this issue and asked that it be resolved at this time. Commissioner Smiley said she feels a very small percentage of the population can meet the provisions of this ordinance as proposed, and stated she does not feel that tailoring an 03-02-98 - --.----- ..---...-- -..---- - 28 - ordinance to them make senses since 95 percent of the people can't meet those requirements. She suggested that through education and peer pressure, the situation could be changed. Commissioner Frost agreed that the percentage is small, but questioned why they should be penalized for having well trained dogs. . Commissioner Youngman expressed concern that under the ordinance as it is currently written, specific parks may be designated as leash free zones, but that is a long and slow process. She suggested that designating all parks as leash free and then identifying the exceptions through resolution is a must faster and preferable alternative. It was moved by Commissioner Rudberg, seconded by Commissioner Smiley, that the Commission provisionally adopt Ordinance No. 1463, as amended by deleting Section 6.04.010.0., deleting the added phrase in Section 6.04.01 O.E., retaining the original language in Section 6.04.070.8., retaining the original language in Section 6.04.070.F., and retaining the original language in Section 12.26.030.J.; and direct staff to bring it back in two weeks for final adoption. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Smiley, . Commissioner Youngman and Commissioner Frost. Responding to Commissioner Smiley, City Attorney Paul Luwe requested that if the Commissioners wish to make changes to the ordinance, they give staff an opportunity to develop the necessary language and ensure that conflicts do not result from the changes. He then stated that if a special license is desired, staff needs time to develop the language for Commission consideration, since it is a new issue. He noted that the issuance of the license could be based on the completion of a training course that has been deemed acceptable by the Commission rather than being based on a test. He then indicated that this issue could also be considered separately from this ordinance, if the Commission so chooses. Commissioner Smiley stated that, while she supports a majority of the previous motion, she cannot support one segment of it. She then asked for a break to develop the language for . an alternative motion. Break - 9:50 to 10:05 D.m. Mayor Stiff declared a break from 9:50 p.m. to 10:05 p.m., in accordance with Commission policy. 03-02-98 - 29 - Ordinance No. 1463 (continued) - revisina various sections of Chapter 6.04 and Section 12.26.030 of the Bozeman Municipal Code to provide for animals under voice control in lieu of leash reauirements It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission provisionally approve Ordinance No. 1463, as amended by deleting Section . 6.04.010.0., deleting the added phrase in Section 6.04.010.E., deleting the added phrase in Section 6.04.070.8. and retaining the last sentence, amending the language in Section 6.04.070.F. by retaining the original first sentence and deleting the proposed change, and retaining the added sentence at the end as proposed, and retaining the language in Section 12.26.030.J. as proposed; and direct staff to bring it back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Youngman. Commissioner Smiley suggested that the Commission direct staff to research the possibility of allowing for "at heel" under a special license and some type of certification program and submit a report back to the Commission on the feasibility of that option. . Following discussion, a majority of the Commissioners concurred that would be appropriate. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission begin steps to form an ad hoc animal control ordinance education committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley and Commissioner Frost; those voting No being Commissioner Rudberg and Mayor Stiff. Adjournment - 10:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 03-02-98 -----.-..-----------.--...--. ..-. - 30- ~~~M~ ~ -"" ATTEST: . - -" - -" ,-..- -....... ~~~~ Clerk of "the--COrni1:1ission . . 03-02-98