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HomeMy WebLinkAbout1997-10-20 Minutes, City Commission --- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 20, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 20, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, 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 Stueck deferred action on the minutes of the meetings of October 6 and October 13,1997, to a later date. . Application for Kennel License - Ken Gunn. 305 Highland Boulevard - Calendar Year 1997 Mr. Ken Gunn, applicant, stated that earlier today, he submitted a chronology of his four dogs, along with pictures of his dogs, and a letter from Mr. Stan HOlmquist, 1220 East Curtiss Street, the only neighbor who abuts his property. He then noted that he submitted his application for a kennel license in January; and in July, Animal Control Officer Connie Lien visited his home and contacted his neighbors. At that time, the Officer received three comments regarding his labrador's barking. He noted that this was the first time this had been brought to his attention and, as a result, he has now had the dog debarked. He noted that the three Dachshunds had previously been debarked and, in the past couple of months, he has had . no complaints from the neighbors. He concluded by requesting Commission approval of his application. No one was present to speak in opposition to the requested kennel license. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the application for a kennel license, as submitted by Ken Gunn, 305 Highland Boulevard, be approved as submitted. The motion carried by the following Aye and No vote: those voting 10-20-97 ~..._-_._.__.- - ----.-- ----.- -.. - 2 - Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Commissioner Rudberg requested that staff develop a different application form for kennel licenses, rather than using the business license application form. She suggested that . the application could then contain the information pertinent to the kennel license. City Attorney Luwe stated that how the application form is revised will depend on the Commission's action on the proposed revisions to the animal control ordinance later in this meeting. He then indicated that staff will prepare a revised application form for kennel licenses. Decision - Commission Resolution No. 3202 - intent to vacate 60-foot-wide riaht-of-wav for East Asoen Street from the west riaht-of-wav line of North Wallace Avenue west a distance of aooroximatelv 200 feet This was the time and place set for the decision on Commission Resolution No. 3202, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3202 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT 60-FOOT-WIDE BY APPROXIMATELY 200- FOOT-LONG PORTION OF EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF NORTH WALLACE AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-OF-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. Mayor Stueck noted that the Commission conducted its public hearing on this requested vacation at the October 6 meeting. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back an ordinance vacating a 60-foot-wide right- of-way for East Aspen Street from the west right-of-way line of North Wallace Avenue west, a distance of approximately 200 feet, upon the applicant's satisfaction of the following conditions: . 1 . That an access and utility easement be reserved on the north 45 feet of East Aspen Street; and 2. That a plat restriction be placed on Tract 2 of Minor Subdivision No.3 to preclude th.e separate sale or transfer of this tract apart from Tract 3 of Minor Subdivision No.3, Tract 3 of Amended Plat C-23-J, or Tract E, being a portion of Lots 12 through 23, Block 109,. Northern Pacific Addition. 10-20-97 un ..__.._ - 3 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Decision - Ordinance No. 1446 - amending various sections of the animal control ordinance Dertainina to licensing. kennel licenses. exotic animals, restraint of animals. nuisance animals and imDoundment of animals This was the time and place set for the continued discussion and possible decision on Ordinance No. 1446, as approved by the City Attorney, entitled: ORDINANCE NO. 1446 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 6.04.010,6.04.020,6.04.030, 6.04.040, 6.04.050, 6.04.060, 6.04.070, 6.04.080, 6.04.090, 6.04.110, 6.04.120, 6.04.130, 6.04.160, AND 6.04.170, AND BY ADDING SECTIONS 6.04.180 and 6.04.210; PROVIDING FOR REVISIONS TO THE DEFINITIONS; LICENSING REQUIREMENTS; EXEMPTIONS FROM LICENSING REQUIREMENTS; ISSUANCE OF LICENSES; KENNEL LICENSE REQUIREMENTS; ANIMALS AT LARGE; DOGS IN HEAT; RABIES VACCINATION REQUIREMENTS; QUARANTINE FOR DOGS BITING PERSONS; PROHIBITING NUISANCE ANIMALS; IMPOUNDING UNLICENSED ANIMALS; PROVIDING REDEMPTION REQUIREMENTS FOR . IMPOUNDED ANIMALS; AND PROVIDING ENFORCEMENT AUTHORITY FOR ANIMAL CONTROL OFFICER; BY AMENDING AND ADDING PENAL TIES FOR VIOLATIONS OF THIS CHAPTER; AND BY ADDING PROVISIONS FOR EXOTIC ANIMALS. Staff Attorney Tim Cooper reminded the Commission that the amendments proposed under this ordinance generally pertain to changes in licensing provisions, the setting of fees, and penalty clauses, and new provisions pertaining to dangerous or vicious dogs, exotic animals, potential creation of leash free zones, and the requirement for cleaning up after pets. He reminded the Commission that this ordinance provides for the setting of fees, primarily for licensing, by resolution. He indicated that if the Commission adopts this ordinance, staff will bring back a resolution for Commission consideration upon final adoption of the ordinance. Staff Attorney Cooper noted that the levels of dangerous or vicious dogs have been . raised during discussions and the public hearing on this draft ordinance, and copies of possible language were also submitted. He characterized those proposals as generally administrative or judicial in nature and suggested that the Commission, rather than incorporating them into the ordinance at this time, allow the Police Department, Animal Control Officer, City Attorney's Office and City Judge to use those documents as guidelines. He stated that if this proves 10-20-97 -........-... -.. -".._._~- _ _._.......__._n_.__ - 4 - ineffective, staff will come back with a proposed revision to the animal control section to include those provisions in the code. The Commission reviewed the proposed ordinance, one section at a time. Under Section 6.04.010, Commis,sioner Rudberg noted that the definition of "leash" has been . removed from one of the previous drafts. She then requested that the definition of "leash", along with the requirement that it be no longer than six feet, be added back into the ordinance. Commissioner Youngman stated that in previous discussions, it was noted that during training, leashes of 15 to 20 feet in length are often needed. Staff Attorney Cooper suggested that if the Commission wishes to add the definition of "leash" back into the ordinance, it might be most appropriate to do so under the definition of "under restraint". He proposed that the additional language could read" ... secured by a leash not to exceed six feet in length except when in training". Animal Control Officer Connie Lien suggested that if a six-foot leash is required under the definitions, it could be with the stipulation that a 15 to 20-foot lead would be allowed during training of an animal. She noted that such leads are typically not used when people are . just walking their dogs. Commissioner Rudberg stated it is easy to identify those who are using longer leads to train their dogs, noting that it is not the Commission's intent to preclude them from doing so. She further noted that Animal Control Officer Connie Lien and the police officers display a significant amount of common sense when considering potential violations. Commissioner Frost noted that if tripping of other people is of concern, a six-foot leash will allow for that. He then expressed concern that this ordinance goes too far in addressing the issues that had been identified. He noted that with the proposed addition requiring a six- foot leash, people will not be able to keep their dogs under voice control, and he feels that people should be allowed to use that option. . Commissioner Youngman stated she does not support the proposal to include a maximum length for a leash. She noted that if an animal does something wrong while on a leash, then that issue is typically covered by another section of the code. Mayor Stueck stressed the importance of adopting an ordinance that can be easily and equitably enforced and easily defended in court. 10-20-97 - 5 - Responding to Commissioner Youngman, City Attorney Luwe noted the Commission is contemplating the creation of leash free parks, which could address some of the concerns which have been raised about requiring dogs to be on leashes. He then reminded the Commission that under the park ordinance, dogs must currently be on leashes no longer than . six feet in length and, if the Commission wishes to change that requirement, it must do so by amending that ordinance in addition to adopting the ordinance currently under consideration. Mayor Stueck forwarded his support for requiring a leash to be no more than six feet in length. Commissioner Stiff stated his support for requiring a six-foot leash. Under Section 6.04.050, Commissioner Rudberg asked if documentation exists to identify whether a kennel license issued to an individual has been revoked or if problems have been encountered. She suggested that this information could be important if an individual moves from one side of town to another and applies for a kennel license in the new location. Animal Control Officer Lien stated that at the present time, there is no documentation which can be easily tracked. She recognized that if another person is hired for animal control, . the lack of documentation could present a problem. Responding to suggestions from Commissioner Rudberg, Animal Control Officer Lien cautioned that neighbors may not always be comfortable with confronting a neighbor about a problem dog. She stated that, in light of conflicts that may exist, it would not be appropriate to require that someone seeking a kennel license be required to seek signatures on a petition of support when notifying neighbors of the application. Mayor Stueck suggested that, under Sub-section B, Nos. 2 and 5 be combined. Staff Attorney Cooper cautioned that the two are different and should remain separated. He did, however, propose a change in wording under No.2 to clarify its intent; and the Commission concurred in the proposed change. . Responding to questions from Mayor Stueck, the Animal Control Officer stated that dogs must be six months old before a license or kennel license is required. She noted that if the owners plan to keep the dogs after they reach six months, they should contact her before the puppies require licensing so the kennel license application process can be started. Under Section 6.04.070, Commissioner Youngman noted that in some instances, bicyclists and pedestrians are harassed by dogs coming out of their own yards. She asked 10-20-97 ---- --.--. ----- .. --.------ - 6 - about the possibility of requiring those owners to install fences or in some other way restrain their animals, to avoid future problems. City Attorney Luwe noted that if a repeat offender appears in court for a nuisance or vicious animal or a dog at large, the City Judge may impose conditions on the sentence, and . those conditions could require some type of restraint to ensure that the dog remains in the yard. He noted that meeting those conditions might result in suspension of a portion of the fine imposed for the offense. Commissioner Youngman noted that this section provides that the Commission may designate one or more areas as leash free areas. She expressed concern, however, that the ordinance does not recognize that an animal may be as fully in control under voice command and off a leash as another animal might be on a leash. She asked the other Commissioners to consider the testimony received during the pUblic hearing and to carefully consider the negative impacts that requiring an animal to be on a leash might have on some of those who testified. Commissioner Frost stated his concurrence with Commissioner Youngman's comments, stating he feels this ordinance is too heavy-handed. He noted there are many well-behaved, . friendly dogs in the community with responsible owners and stated that adopting this ordinance will turn those owners into criminals if they allow their dogs to be off a leash. Commissioner Rudberg reminded the Commissioners that the City's original leash law was established under Ordinance No. 12, adopted in 1883, and the fine for an animal at large at that time was $25. She then noted that a recent article in The Oregonian indicated that leash free zones have been tried and are now being shut down because of their proximity to water and the failure of the dog owners to clean up the feces. Commissioner Frost characterized the current problems as resulting from the number of dogs in the community. He suggested that controlling the number of dogs, through spaying and neutering programs, could produce the results that this ordinance is trying to create. . Mayor Stueck stated that it seems more people have had their dogs on leashes recently than he saw previously, noting that much of that is probably due to the publicity this ordinance has been receiving. Commissioner Frost noted the importance of continuing the public education process, suggesting that the various methods should be used to do so. 10-20-97 - 7 - Under Section 6.04.160, Commissioner Rudberg noted that this section pertains to cleaning up after one's pet on another person's private property or on public property, but does not require that one clean up after the pet on his or her own property. She suggested that revising this language to require appropriate maintenance of one's property might help to . alleviate some of the situations which have occurred in the past. Animal Control Officer Connie Lien stated that Section 8.28.010, which prohibits the keeping of animals in an offensive condition, is the section under which a dirty yard has been successfully cited in the past. She then indicated that she intends to continue using this section of the code to require that a property owner keep the yard clean. Responding to Commissioner Frost, the Animal Control Officer stated that she has talked to people who have their dogs running loose in the parks, but she has not written any tickets. Commissioner Rudberg noted that 1,047 dog licenses, 340 cat licenses and 17 kennel license have been issued this year. She also noted that, for the first eight months of the year, the Animal Control Officer received 1,081 complaints about animals. . Commissioner Stiff asked about dogs at public functions, such as Sweet Pea, the Taste of Bozeman and parades. Staff Attorney Cooper responded that public events in public places are not specifically addressed in the ordinance; therefore, the general provisions of the ordinance apply, and dogs are allowed at those events as long as they conform with all the provisions of the code. Commissioner Stiff expressed his concern that the ordinance does not adequate address this issue, stating he feels dogs should not be allowed in heavily congested areas because of the manner in which they might potentially react to the situation. Commissioner Rudberg forwarded herconcurrencewith Commissioner Stiff's comments, stating that she is offended when people take their dogs to activities like the Taste of Bozeman. . She suggested that, rather than delaying action on this ordinance, however, this issue could be brought back later. Ms. Betty Stroock, 1350 Story Mill Road, stated that she has brought her 3 %~year-old standard poodle with her today to show the Commission how a dog under voice control behaves, and to encourage the Commissioners to not impose a strict leash law. She stated that she runs for approximately an hour every day, mostly on the City's trail system, and takes 10-20-97 --.........--... - 8 - her dog with her. She noted that running with her dog on a leash is extremely difficult, but the dog stays close when not on a leash. Ms. Stroock recognized that there are animals and animal owners that misbehave and are irresponsible; however, she encouraged the Commissioners to also consider the law abiding . citizens and those who are responsible pet owners as they take action on this ordinance. She suggested that this could be accomplished through an amendment that allows well-behaved animals to not be on a leash if under voice command. Ms. Stroock noted that she takes her dog downtown under voice control, and her dog patiently waits by the door of the store. She stated that she has received many compliments from store owners and patrons about her dog. She characterized training as an on-going activity, not a program that lasts a specific amount of time and then ends. Ms. Stroock forwarded her full support for the pooper scooper portion of the ordinance. She suggested that the Commission consider making it convenient for people to obey this section of the ordinance, possibly through the installation of plastic bag dispensers and garbage cans at strategic locations throughout the community. . City Attorney Luwe suggested that action on this agenda item be delayed until after the consent items, to allow the Staff Attorney an opportunity to draft revised language as a result of this discussion; the Commission concurred. Discussion - DroDosed revisions to SID Dolicy Administrative Services Director Miral Gamradt reviewed his memo of October 14, a copy of which had been forwarded in the Commissioners' packets. He noted that in this memo, he listed elements of the City's existing special improvement district policy, established under Commission Resolution No. 2712, adopted on September 6, 1988, and how the changes made during the 1995 legislative session impact those elements. He noted that the 1995 . legislation is the direct result of many defunct SIDs throughout the State. The Administrative Services Director noted that under the City's current policy, a 5- percent SID Revolving Fund fee is assessed; under the 1995 legislation, that fee is now mandatory. Under the City's current policy, a 3-percent administrative fee is assessed. The new legislation is silent on that issue, suggesting that a reasonable and justifiable administrative fee may be assessed. In addition, the new legislation provides for a discretionary 5-percent 10-20-97 .. - ---.-....--.--. -.-.- .... - 9 - reserve account fee. The Director noted that the City's SID policy is silent on the issue of adding % of 1 percent mandatory to the interest paid on the bonds when calculating the assessments; however, State law has provided this option for several years, and the City has done so. He noted that the 1995 legislation made the % of 1 percent mandatory and provided . authorization of a discretionary % of 1 percent in addition. He then concluded his presentation by indicating a willingness to respond to questions. Responding to Commissioner Frost, the Administrative Services Director stated that State law allows a City to recapture its administrative fees. He noted that the City of Bozeman has not conducted a study to determine the exact costs of creating and administering a special improvement district. He recognized that the fee could probably be increased from 3 percent to 5 percent, however, he cautioned that if a higher fee is anticipated, the City must have the documentation to support the fee. In response to comments from City Manager Johnson, the Administrative Services Director stated that the administrative fee for a special improvement district could be lowered on a case-by-case basis if it were determined appropriate. He recognized that there are many . stationary costs associated with a special improvement district, and it may be possible to slightly lower the percentage of the administrative fee on a larger SID. He then cautioned that, while much of the staff work on a special improvement district is done just prior to and just after its creation, some of the staff members incur on-going work because of assessments and retirement of bonds. He then noted the ideal situation would be to establish a percentage for administrative costs, with a minimum amount and a maximum amount set to ensure that the costs of establishing a small district are recovered and to ensure that a large district is not charged an excessively high amount. The City Manager suggested that under Section 3.02.e.(3), on Page 7, the administrative fee could be changed from "three" to "up to five" percent. . Mr. David Crawford, Thomas, Dean and Hoskins, noted they have been involved in the creation of several special improvement districts in Bozeman in recent years. He cautioned that the cost of special improvement districts has typically driven them out of the market in recent years. He noted that, because of the bidding process required for public projects, the costs of construction are typically higher than if a private individual has the work done, and then all of the additional fees, e.g., Revolving Fund fee, contingencies and administrative fees, typically 1 0-20~97 _______...___.____. __n. - 10- add another 20 to 25 percent to the costs. He cautioned that, while adding one or two percent to the various fees may not seem like much, the result could be to make special improvement districts an even less viable option for financing of infrastructure improvements. Responding to Commissioner Stiff, the Administrative Services Director stated that . maintaining a record of the time and costs of creating special improvement districts should not be overly burdensome; rather, it is a matter of remembering to do so. City Attorney Luwe reminded the Commission that when changes occur in the statutes, staff must spend time reviewing those changes and making the necessary revisions to the formats of the resolutions to ensure that they comply with the new regulations. He noted that, while those changes may appear in one specific SID, they actually apply to all SIDs created subsequent to that change in the law. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution revising the special improvement district policy by adding provisions for the mandatory Y2 of 1 percent to be added to assessments and by amending the administrative fee to provide for up to 5 percent, with a . floor and a ceiling on those fees, and direct staff to keep data on the costs of creating special improvement districts in the future. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Pledged Securities as of June 30. 1997 In compliance with the provisions of Sections 7-6~201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Rudberg have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. . Commissioner Youngman reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Pledged Securities as of June 30, 1997, listed as follows: 10-20-97 -------- -.---- - 11 - DEPOSITORY BONDS AND SECURITIES JUNE 30, 1997 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman . Federal Deposit Insurance Corporation $ 100,000.00 TOTAL - First Security Bank. Bozeman $ 100.000.00 AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: U.S. Treasury Note 6.00 08/31/1997 182005092 $ 1,000,000.00 Federal National Mortgage Association 8.65 02/10/1998 182007113 200,000.00 U.S. Treasury Note 5.125 06/30/1998 163009416 1,000,000.00 Federal Home Loan Bank 5.72 03/18/1998 182007117 500,000.00 . Federal Home Loan Bank 5.69 03/25/1998 182007118 300,000.00 Sub-total . Trusteed bonds and securities $ 3.000,000.00 TOT AL - American Bank - Bozeman $ 3,100.000.00 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 American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1997, by the banks of Bozeman and approve and accept the same. DON E. STUECK, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner . MARCIA B. YOUNGMAN, Commissioner ALFRED M. STIFF, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. 10-20-97 - 12 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from Engineering Assistant Andy Kerr, dated October 13, 1997, . forwarding staff's proposal for the creation of a 1997 Sidewalk Repair Program that contains approximately 124 identified locations where sidewalk repairs are needed. The City Manager suggested this item be placed on an upcoming agenda item for approval; the Commission concurred. (2) Form letter from Frank and Torge Elliott, encouraging the City to donate land at 2125 North Rouse Avenue to the Humane Society. The City Manager stated that this is the only letter received to date and, in the future, rather than copying these letters, a list of names will be submitted to the Commission on a weekly basis. Responding to Commissioner Rudberg, Assistant City Manager Ron Brey stated that early this calendar year, City administration met with management from the Humane Society . to discuss renewal of the lease and the potential for expansion of their facilities at this location. He noted that the lease was renewed through May 1998, and the potential for expansion at this location was put on hold when it became evident that another location might be available. He then reminded the Commission that the existing Humane Society is located at the edge of the old landfill, and care must be taken to ensure that any expansion of the facility does not result in building structures on the old landfill site. (3) Memo from the City Manager, dated October 16, with which he forwarded an information sheet with colored graphs showing where taxpayers' monies are spent. He noted that the information is based on residential property with a market value of $125,000, paying approximately $2,300 in property taxes annually. He noted that, of that amount, the City . receives $642, and how those monies are spent is depicted in the second colored graph. He suggested that, if the Commission feels it is appropriate, this memo and attendant charts could be published in an upcoming issue of the newspaper. Commissioner Rudberg stated her support for publishing this information, suggesting that the City take advantage of the half-price advertisements which the Bozeman Daily 10-20-97 _n. __._.. ___ .-.---- - -...- . - 13 - Chronicle will run on October 30, noting that it could then be printed in color at essentially no additional cost. Administrative Services Director Gamradt stated his only concern about the information provided in this sheet is that, in a majority of instances, the market value upon which property . taxes are assessed is not the same as the current market value. He noted, in fact, that the assessed valuation reflected on the property tax statement represents 1993 values unless the home was built after that date; then it reflects a figure closer to today's value. He suggested that the information contained in this sheet could be slightly revised to generate a property tax bill of $1,600 to $1,700, which will more closely resemble the tax bill for many of those living in the older parts of the community. Assistant City Manager Brey suggested that all references to valuation be deleted and that the narrative simply refer to a $1,600 property tax bill. Commissioner Frost suggested that the advertisement be run in black and white, noting that the colors will create different shadings and the numbers beside each section of the graph will readily identify what it is for. . Responding to questions from Commissioner Frost, the City Manager stated that the cost estimate for including this memo as an insert in the special assessments is $2,800, while one run in the newspaper is estimated to cost $600. Following a brief discussion, the Commissioners concurred that if the cost of printing the advertisement in color is:around $600, then it should be in color; however, if the cost rises significantly to print it in full color, it should be done in black and white. Commissioner Youngman questioned why recreation and the library are combined in the graph. She then proposed that, since they are so different and serve such different clientele, they be separated. She noted there is adequate space to accommodate this proposed change, while retaining an attractive graph. The Commissioners concurred with her proposal. . The Administrative Services Director asked if the Commissioners wish to have a signature at the bottom of the information; they concurred that "Bozeman City Commission" should appear at the bottom of the letter. (4) Letter from "A Concerned Citizen", dated October 17, requesting a regulation to prohibit the display pumpkins for sale outside stores, in light of the damage caused with stolen pumpkins. 1 0-20-97 --...-----------. .....-- -.---- -- . -.---- - 14 - (5) Letter from David M. Chambers, 224 North Church Avenue, dated October 7, suggesting changes to the animal control ordinance. (6) Letter from Don Killian, Bridger View Resident Steering Committee, dated October 9, 1997, stating their withdrawal as a potential buyer of the Bridger View Mobile . Home Park. (7) Memo from City Attorney Luwe, dated October 15, 1997, forwarding copies of the applicable portions of the Bozeman Municipal Code and Montana Code Annotated pertaining to noise. Commissioner Rudberg thanked the City Attorney for his memo, stating her appreciation for the sense of humor with which he prepared the memo and attached copies. She then noted that the ordinances currently in place seem to address the concerns that have been recently raised. Responding to comments from Commissioner Youngman, the City Attorney confirmed that the City does not have the equipment to monitor the noise levels established in the code. He then suggested that if the Commission wishes to have staff prepared to monitor noise . levels, staff will make the necessary arrangements to obtain the equipment whenever necessary. Responding to comments from Commissioner Frost, Assistant City Manager Brey cautioned that temporary construction work is exempt from the noise tables in the zone code. (8) Memo from Planning Office Secretary Carol Schott, d ated October 15, announcing that the mid-October City-County Planning Board meeting has been cancelled. (9) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on October 21, 1997 in the Commission Room. (10) Agenda for the Gallatin County Commission meeting, to be held at 1 :30 p.m. on October 21, 1997 at the Gallatin County Courthouse, along with their revised agenda. (11 ) The City Manager announced that he has tentatively scheduled an executive . session for 4:30 p.m. next Monday, at which time Attorney Barry O'Connell will provide an update on the Bozeman Solvent Site. (12) Commissioner Rudberg submitted the following. (1) Stated that she receives a newsletter from Montana H20, which she finds very informative. She noted that the latest issue has an article on ways to obtain funding for infrastructure projects. (2) Stated that the 10-20-97 - _. _...__...._...... n_______. ..__.__._.__ ...___._.".._.._.__.._..._ - 15 - board for the victim/witness program has begun meeting with Senator Hargrove and Representative Swanson regarding their concerns and issues. She then forwarded figures from the victim/witness program, noting that the program has 53 new primary victims, 38 secondary victims and 15 on-going victims. She expressed concern that a number of these people are . victims of child incest and child physical abuse. (4) Suggested that, as a result of the recent meetings with the City-County Planning Board and the Design Review Board, and the recognized need to prepare new appointees to serve on the City's boards, the January 1, 1998 appointments should be made at the November 17 meeting. She suggested that this would allow the Commission to take advantage of the half-price advertisements in the Bozeman Daily Chronicle on October 30. (13) Commissioner Rudberg expressed concern about the list of people assigned to the task force. She characterized the list as not meeting the criteria and being top heavy in some areas, like the Greater Yellowstone Coalition, while not covering others, like minorities and those on fixed incomes. She suggested that the stakeholder groups be specifically listed, like the Commission does with some of its advisory boards, with a concerted effort then being . made to fill as many of those as possible. Commissioner Stiff stated he has reviewed the list of fifteen people and organizations selected for the broad spectrum task force against the stakeholder group criteria and considered the checks and balances discussion. As a result, he feels the list is not balanced and does not reflect the diversity of the community. In order to lend more credibility to the task force, he suggested that the Commission direct staff to work with the consultant to balance the broad spectrum task force and broaden the diversity of membership, with the final list to be brought back to the Commission for approval. He then expressed concern that it appears the task force members didn't review the list of members to ensure that it was based on their own criteria. Mayor Stueck stated he is concerned that no low-income groups are represented. He . noted that during the Commission's selection of the ten initial members of the task force, he made the comment that Joan Montagne would probably be one of the five additional members selected; however he did not anticipate that four of the additional members would be members of the watershed group. Commissioner Youngman stated there is overlap because various water groups are involved. 10-20-97 -- .------- -- -..------ - 16 - Director of Public Service Phill Forbes provided background on how the five additional appointees were selected. He reminded the Commission that fourteen agencies/groups were originally identified for possible representation on the task force. Two of those identified declined to be represented; the other twelve forwarded a willingness to be considered. From . that list, the Commissioners selected ten people, who were then notified by the consultant. The ten task force members were then asked to submit a list of up to five additional people to be considered for the remaining positions; that step resulted in 25 nominations. Those nominees were contacted by the consultant, and seventeen of them indicated a willingness to be considered. Each of the ten task force members was then asked to select five from the list; the tabulation of those lists revealed that the task force members clearly preferred seven of those individuals. The list was subsequently reduced to the five whose names have been forwarded to the Commissiqn. Responding to Commissioner Stiff, the Director of Public Service confirmed that the City did not advertise it was seeking people who were interested in serving on the task force; rather, the selection of additional members was based on the networking and contacts of the ten . original appointees. Further responding to Commissioner Stiff, the Director of Public Service stated that the task force members acted independently in selecting the five additional members, rather than making those appointments in a meeting, while reviewing the stakeholder criteria and the various agencies/interests id~ntified. He noted that each of the task force members was given the names of the other nine original appointees. Mayor Stueck suggested possibly increasing the size of the task force by three or four members to allow for better representation; the Director of Public Service stated he feels fifteen members is the maximum size. Mayor Stueck stated he wants to review the appointments made by the Commission . as well as the five new appointments, taking whatever steps are necessary to balance the composition of the task force. Responding to Commissioner Youngman, Director of Public Service Forbes stated the first meeting has been scheduled for November 7. He stated, however, that the community will be better served by making sure that the composition of the broad spectrum task force is appropriate, rather than hurrying through that step to meet the meeting schedule. 10-20-97 - 17 ~ It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission direct staff to work with the consultant to balance the broad spectrum task force and broaden the diversity of membership, with the final list to be brought back to the Commission for approval. The motion carried by the following Aye and No vote: those voting . Aye being Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner Frost and Mayor Stueck; those voting No, none. (14) Commissioner Rudberg noted that problems have been identified with the maintenance of parks. She suggested that now might be the appropriate time to ask Park Superintendent John McNeil to give the Commission a full accounting of the parks, the maintenance required for those parks and what the crews can and cannot do. She also requested that a uniform sign that looks good be developed for all of the parks, not "just another aluminum sign like the one in the Cemetery", to remind people to clean up after their dogs. She further asked that the Park Superintendent try to identify a plan for the future handling of parks, the cemetery, forestry and recreation, and identify whether the organizational structure needs to be changed to help address the needs of these segments. She suggested . that the presentation be scheduled as a work session, maybe after the first of the year, after which the Commission can consider any possible adjustments to the existing structure. The Commissioners concurred. (15) Commissioner Frost noted that a presentation entitled "Walkable Communities" is scheduled for 7:00 p.m. on Wednesday at the Emerson Cultural Center. He noted that the presentation looks interesting, but it conflicts with the candidates' forum. He then encouraged that someone from the City attend the presentation if at all possible. Consent Items City Manager Johnson presented to the Commission the following Consent Items. . Exemetion fram subdivision regulations - realignment of common boundarv between Lots 6 and 7. Block 4. Westridae Subdivision - Janice Schweitzer and Alice Botterud Authorize City Manager to sian ~ Amendment No.4 to Professional Services Agreement ~ Hiahland Boulevard Reconstruction Proiect - Thomas. Dean & Hoskins. Inc. Authorize Citv Manager to sian - Change Order No.1 for North 7th Avenue/West Tamarack Street intersection imcrovements - JTL Graue. Inc.. Belarade. Montana - deduct $2.173.00 and 0 calendar days 1 0-20~97 - 18 - Award bid for three new 1998 DoUce cars - Danhof Chevrolet. Manhattan. Montana - in the total bid amount of $58.734.63 Authorize City Manager to sign - Chanae Order No.5 - Bozeman Senior Social Center EXDansion - add $2.672.00 and 0 calendar days Building InsDection Division reDort for SeDtember 1997 . Claims It was moved by Commissioner Frost. seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Continued discussion/decision - Ordinance No. 1446 - amendina various sections of the animal control ordinance Dertainina to licensing. kennel licenses. exotic animals. restraint of animals. nuisance animals and imDoundment of animals This was the time and place set for the continued discussion and possible decision on Ordinance No. 1446, as approved by the City Attorney, entitled: . ORDINANCE NO. 1446 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BEAMENDED BY REVISING SECTIONS 6.04.010. 6.04.020. 6.04.030. 6.04.040. 6.04.050. 6.04.060. 6.04.070. 6.04.080. 6.04.090. 6.04.110. 6.04.120. 6.04.130. 6.04.160. AND 6.04.170. AND BY ADDING SECTIONS 6.04.180 and 6.04.210; PROVIDING FOR REVISIONS TO THE DEFINITIONS; LICENSING REQUIREMENTS; EXEMPTIONS FROM LICENSING REQUIREMENTS; ISSUANCE OF LICENSES; KENNEL LICENSE REQUIREMENTS; ANIMALS AT LARGE; DOGS IN HEAT; RABIES VACCINATION REQUIREMENTS; QUARANTINE FOR DOGS BITING PERSONS; PROHIBITING NUISANCE ANIMALS; IMPOUNDING UNLICENSED ANIMALS; PROVIDING REDEMPTION REQUIREMENTS FOR IMPOUNDED ANIMALS; AND PROVIDING ENFORCEMENT AUTHORITY FOR ANIMAL CONTROL OFFICER; BY AMENDING AND ADDING PENAL TIES FOR VIOLATIONS OF THIS CHAPTER; AND BY ADDING PROVISIONS FOR EXOTIC ANIMALS. Staff Attorney Cooper distributed a memo containing his proposed revisions to three . sections of the ordinance, in response to the discussion held earlier in this meeting, and briefly reviewed those changes. Commissioner Youngman stated that she supports almost all of the changes contained in the ordinance and proposed revisions, characterizing them as clarifications and improvements to various aspects of the ordinance. She stated, however, that she does not believe adequate latitude has been provided for responsible dog owners with their dogs off leashes, and the 10-20-97 ----- - 19 - proposed revisions are even more restrictive that the ordinance. As a result of her concerns, she cannot support adoption of this ordinance. Commissioner Frost stated the Commission has done everything it planned to do before adoping revisions to the animal control ordinance. He forwarded his support for a majority of . the ordinance, including the requirements to clean up after dogs and clearer requirements to ensure no loose dogs. He stated, however, that the ordinance goes too far regarding the requirements for leashes, and this will simply result in people breaking the law. He suggested that if more latitude were provided in this ordinance, if a dog became a problem, it could be cited as a nuisance animal, so enforcement options would still remain available to the Animal Control Officer. He concluded by stating that, since he cannot support one very small portion of the ordinance, he will not vote for it. Commissioner Rudberg stated she does not believe that responsible people will have anything to worry about under this ordinance, and she does not believe that they will find it excessively restrictive. She reviewed some statistics she recently received, noting that 830 dog bites were recorded at the Police Department last year, many of those to children and . elderly people. She expressed concern that when children are bit, it is typically in the face, and that can result in the need for plastic surgery or they bear the scars for the rest of their lives. She also expressed concern about the impacts that dog bites can have on elderly people, reminding the Commission of the recent incident in which a 75-year-old lady had 84 stitches in her leg to close it after a dog attack. She noted that the Commi~sion must take the steps necessary to protect these residents of the community. Commissioner Stiff stated his concurrence with Commissioner Rudberg's comments. He then noted that determining whether a dog is under voice control can be difficult for a police officer, and he does not feel an officer should be placed in that situation. He concluded by stating that, while he will support the ordinance, he does not believe it goes far enough in some . aspects. Mayor Stueck noted that some people in the community don't realize there are others in the community who are "deathly afraid" of dogs, and he feels it is important that they be protected. He then stressed that, while cleaning up after dogs is a new regulation, the leash law has always been in effect, and those who have had dogs off leashes have been breaking the law for a long time. He noted that it is important for the Commission to establish specific 10-20-97 _n____.__. - 20- and clear regulations, then rely on staff to ensure that those regulations are enforced with common sense. He then stated his concurrence with Commissioner Stiff's comments that the ordinance should be more restrictive in some areas, noting that he sees no reason why dogs should be allowed on the concrete sidewalks on Main Street. . Commissioner Rudberg characterized parks as one of the most dangerous places for dogs to be. She suggested, rather, that parks should be a place where children can play without fear of being hurt by dogs or encountering their messes. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1446, amending various sections of the animal control ordinance, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. I Recess - 5:35 D.m. . Mayor Stueck declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Variances from Sections 18.28.050. 18.50.130.K. and 18.50.120.B.1.. Bozeman MuniciDal Code - State Capitol EmDlovees Credit Union - allow Darking within the reauired 25-foot front yard setback on Fowler Avenue and allow reduction of 26-foot-wide two- way driving aisle width bv one foot on Lot 1. Minor Subdivision No. 135 (8645 Huffine Lane) (C-9724) This was the time and place set for the public hearing on variances from Sections . 18.28.050, 18.50.130.K. and 18.50.120.B.1. of the Bozeman Municipal Code, as requested by the State Capitol Employees Credit Union, under Application No.C-9724, to allow parking within the required 25-foot front yard setback on Fowler Avenue and to allow the reduction of a 26-foot-wide two-way driving aisle width by one foot on Lot 1, Minor Subdivision No. 135. The subject site is more commonly located at 8645 Huffine Lane. 10-20-97 - 21 - Mayor Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She noted that the State Capitol Employees Credit Union recently constructed a new facility at 8645 Huffine Lane, which is located at the northeast corner of the intersection of US Highway 191 and Fowler . Avenue. She noted that the building, as constructed, meets all of the requirements of the zoning ordinance and, in fact, eleven parking spaces more than required were provided in the two-tiered parking lot constr~cted on-site. Since that time, ten additional parking spaces have been constructed at the northwest corner of the site. The Assistant Planning Director stated that, through use of the site, it has become obvious that the patrons of the credit union do not wish to use the lower lot; rather, they double park or park in a hazardous manner to be close to the door. As a result, the applicant has worked with staff to develop a safe parking lot which will provide nine additional parking spaces in the area where the patrons are demanding it. To provide for the parking lot as designed, the applicant is seeking the following variances: 1. From Section 18.28.050, to allow the parking lot to encroach 15 feet . into the required 25-foot front yard setback along Fowler Avenue; 2. From Section 18.50.130.K., to allow parking within the front yard setback; and 3. From Section 18.50.120.B.1., to allow a 25-foot-wide two-way driving aisle instead of the 26-foot-wide aisle required under the code. The Assistant Planning Director stated that staff has reviewed these three requested variances in light of the three criteria established by the Montana Supreme Court, and as set forth in the Bozeman Municipal Code; and the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. She briefly highlighted those findings, noting that Fowler Avenue is constructed in a 100-foot-wide right- of-way. She noted that at the present time, the two lanes of paved roadway are located along the west one-half of the road. When the other two lanes are constructed, the standard 11 % . feet between the back of curb and the property line will still remain, leaving adequate open space to alleviate any potential public safety concerns. She stressed that the addition of these parking spaces in an area where the public is demanding them will lessen existing safety problems and issues, even though the driving aisle will be one foot narrower than required 10-20-97 --.--- -. _.________..u _ - 22 - under the code. She concluded her report by forwarding staff's recommendation for approval, subject to four conditions. Mr. Joby Sabol, attorney representing the applicant, stated his concurrence with the staff report. He noted that when site plans and designs were drawn, it appeared that the site . layout and design would generate a beautiful project. He noted, however, that the manner in which patrons park is of concern. Also, he stated the applicants wish to retain adequate parking for those involved in transfers of cash at night in a safe place to do so, and in plain view of the video monitors. He concluded by encouraging Commission approval of this application. No one was present to speak in opposition to the requested variances. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the variances from Sections 18.28.050, 18.50.130.K. and 18.50.120.8.1. of the Bozeman Municipal Code, as requested by the State Capitol Employees Credit Union, under Application No. C-9724, to allow parking within the required 25-foot front . yard setback on Fowler Avenue and to allow the reduction of a 26-foot-wide two-way driving aisle width by one foot on Lot 1, Minor Subdivision No. 135, subject to the following conditions: 1. The approval of this variance does not affect or negate any conditions of approval placed on Minor Site Plan No. 2-9596. The landscaping shown on the August 19, 1997 Landscape Plan prepared by Shelly Engler, Cashman Nursery, shall be completed within nine months of completion of the new parking space improvements. 2. A site grading plan shall be prepared by a Montana Registered Engineer and shall be submitted to the City Engineer for review and approval prior to initiation of construction of the new parking spaces. The plan shall include, at a minimum, existing contours, contours after the proposed parking and Ic;tndscape walls are constructed, spot elevations and flow directional arrows. The plan must demonstrate adequate drainage to an acceptable discharge device. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage . conveyance devices and easements must be provided. The site grading plan shall show the location of all sewer and water mains and easements, as well as the correct location of the fire hydrant on the east edge of the subject property. The site grading plan must allow for the expansion of Fowler Avenue, and show that the subject improvements will not cause problems with the future expansion of Fowler Avenue. 3. Prior to initiation of construction, the applicants shall demonstrate to the City Engineer that they have contacted the Montana Department of Environmental Quality Permitting and Compliance Divisions Storm Water 10-20-97 ...-----.---.---. - 23 - Control and Permitting Program, and are in compliance with that Department's requirements. 4. A building permit shall be obtained from the City of Bozeman BUilding Department for the retaining wall, prior to construction, and per Section 18.56.090, Bozeman Municipal Code. The building permit must be obtained within six months from the date of approval of this variance, or the variance shall be automatically canceled and become null and void. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearing - COA with deviation from Section 18.16.050. Bozeman MuniciDal Code - allow new 18-foot by 22-foot aaraae to encroach 4 feet into reauired 8-foot side yard setback and 25 feet into 25-foot front yard setback on Lots 11 and 12. Block 32. CaDitol Hill Addition - Bob Mielnik for Grea and Jennifer Perry. 1121 South 3rd Avenue (Z-97153) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.16.050 of the Bozeman Municipal Code, as requested by Bob Mielnik for Greg and Jennifer Perry, under Application No. Z-97153, to allow . a new 18-foot by 22-foot garage to encroach 4 feet into the required 8-foot side yard setback, and 25 feet into the 25-foot front yard setback on Lots 11 and 12, Block 32, Capitol Hill Addition. The subject property is more commonly located at 1121 South 3rd Avenue. Mayor Stueck openep the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, a new detached single-family garage is to be constructed at what is typically considered the back of a lot. He noted, however, that in this instance, the rear yard is actually considered a front yard because it abuts South 4th Avenue, which is paved in this area. He noted that the applicant proposes to construct the new garage four feet from the north property line, thus encroaching into the 8-foot side yard setback bV 4 feet, and on the west property line, thus encroaching 25 feet into the required 25-foot front yard setback. . The Senior Planner stated that staff has reviewed this application in light of the three criteria established in the Bozeman Municipal Code, and the staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings, and forwarded staff's recommendation for approval, subject to five conditions. He then reviewed those conditions, noting that the applicant has already met four of the five conditions. 10-20-97 .....---....-. ..... - 24- Mr. and Mrs. Perry were present and indicated a willingness to respond to questions. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.16.050 . of the Bozeman Municipal Code, as requested by Bob Mielnik for Greg and Jennifer Perry, under Application No. Z-97153, allowing a new 18-foot by 22-foot garage to encroach 4 feet into the required 8-foot rear yard setback, and 25 feet into the 25-foot front yard setback on Lots 11 and 12, Block 32, Capitol Hill Addition, subject to the following conditions: 1. That the applicant install modestly sized gable end attic vents (12 inches by 18 inches) on the east and west facade, and that the exterior elevations be revised accordingly for review and approval prior to issuance of a certificate of appropriateness and building permit; 2. That the applicant provide a typical floor plan of the single-car garage for review and approval by the Planning Office prior to issuance of a certificate of appropriateness and building permit; 3. That the property owners verify in writing what the existing attached single-car garage will be used for, and that they apply for a separate certificate of appropriateness if any exterior modifications or conversion into living space occur; . 4. That the applicant apply for, and obtain, a curb cut permit from the City Engineer's office prior to obtaining a certificate of appropriateness and building permit to construct the garage, driveway, and curb cut on South 4th Avenue; and 5. That the applicant obtain a building permit within one (1) year of receiving a certificate of appropriateness prior to proceeding with construction of the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Adjournment - 7:10 D.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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 10-20-97 -----..-...--..- - 25 - ( C)~ L ~~ot!'~ DON E. STUECK, Mayor ATTEST: . (d y ,&f~ ROBIN L. SULLIVAN -, Clerk of the Commission . . 10-20-97