HomeMy WebLinkAbout1996-08-12 Minutes, City Commission
MINUTES OF THE WORK SESSION/AGENDA
MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 12, 1996
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. The Commission of the City of Bozeman met in work session and agenda meeting in
the Commission Room, Municipal Building, August 12, 1996, at 3:00 p.m.
Present were
Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, City Manager Wysocki, Staff Attorney Cooper and Acting Clerk of the Commission
Erlandson.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Aaenda Meeting - for regular meetina and Dublic hearinas to be held on Auaust 19. 1996
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
. City Manager Wysocki briefly reviewed the background information which was
included in the Commissioners' packets.
4) . Senior Planner Dave Skelton gave
an overview of this proposal, noting that
.
this preliminary plat pertains to a project previously reviewed by the City Commission as
a
major site plan. The Senior Planner noted that this application for preliminary plat has
been
reviewed by staff and the Planning Board, and a recommendation for approval forwarded. He
commented that the owner, noting concerns about a public sidewalk crossing wetlands, has
indicated his intent to relocate the trail from its presently planned location along the
east edge
of the property to its original position in the center of the development to ensure easier
public
access. Senior Planner Skelton noted there was a lot of concern as to flooding, and that
the
wetland boundaries have been confirmed.
. 6) Planning Director Andy Epple pointed
out a typographical error, noting the
draft ordinance should reflect the following language in the third "Whereas": "The City-County
Planning Board has not recommended to the Bozeman City Commission that the requested zone
map amendment be approved;"
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7) Planning Director Andy Epple spoke briefly about the draft resolution for the
annexation policy, noting that the objective is to have the Master Plan Amendment and Zone
Map Change reviewed by both the City-County Planning Board and the City Commission
concurrently with the annexation request so that the whole process will not be unnecessarily
. prolonged. He stressed that an applicant, if he felt he was not going to get the zoning
he
desired, would still have the right to make separate application.
In response to Commissioner Rudberg, the Planning Director said those areas which
do not have urban zoning designations are to be rezoned in conjunction with annexation under
these revisions.
City Manager Wysocki reviewed the revisions contained in this resolution, highlighting
the reasons for the revisions. He stressed one difference from the current policy is that zoning
must be established. He further noted that this process will follow annexation and the Master
Plan Amendment; and, if the applicant does not agree with the zoning selected by the
Commission, he may make separate application. Mr. Wysocki suggested that if an individual
wants to do commercial development in an area master planned for residential development,
. it could be accomplished through a PUD rather than through amendment processes.
Planning Director Epple emphasized that this change allows the Commission to take
a more proactive approach to planning.
In answer to Mayor Stueck, the Planning Director said he feels the applicant's wishes
will be taken into consideration at an early stage since the application form could ask if the
applicant had any preference for zoning.
In response to Commissioner Youngman, the Planning Director said that, through
oversight, the Planning Board comments, dated July 5th, were not included in the annexation
policy, but that they will be included before next week.
Commissioner Youngman requested that, since she would be absent from the next
meeting, the decision be delayed until she was present, since there is no deadline to worry
. about, because she would like to consider the public input. The Commissioner also felt there
is citizen interest in this policy, and an evening agenda item would enable them to address the
Commission.
Commissioner Youngman noted the major public complaint about the old annexation
policy seems to be the lack of public notice to adjacent property owners, and suggested the
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policy include the commitment to notify such property owners.
In response to Mayor Stueck, Commissioner Youngman noted property owners do not
usually request annexation unless they plan to develop the land. Faced
with this prospect,
adjoining property owners said they would be happier having the option of a voice at a public
. hearing on such an annexation proceeding, but they do not always notice a meeting notice
published in the newspaper.
11 g) Mayor Stueck noted the School District has entered into an agreement with
Con Gillam, who owns the property north of Sacajawea Middle School. His
fence will be
moved to the 50-foot right-of-way for the walk path between Graf Street to the school. He
indicated that, in conjunction with this change, the right-of-way acquisition for that portion of
South Third Street should be complete.
11 h) Responding to Commissioner Rudberg, Staff Attorney Cooper noted the
Commissioners have not yet received a copy of this Memorandum because he had suggested
some changes to James Goehrung, Neighborhood Coordinator/Grantsperson, who is working
on the Memorandum with MDoT, and is awaiting MDoT's response.
. 14) Planning Director Andy Epple gave an overview of this project.
He noted
that modifications to two conditions are being requested, reminding the Commissioners that
they had asked for input from the City-County Planning Board; that a public meeting be
advertised and held; and that notices be sent to adjacent property owners following the
procedure for that of a new subdivision.
The Planning Director noted that the applicant proposes, instead of designing the
signal at Fowler and Huffine, that he put a comparable amount of money toward the signal that
has already been approved at Ferguson and Huffine. He noted the amount is based on
estimated design costs of $9,000.00. He forwarded the Planning Board's recommendation that
this condition be eliminated contingent upon the developer's contribution of $9,000.00 towards
the signal at Ferguson and US 191.
. The Planning Director also referred to Condition No.1 5, which requires a waiver of
right to protest the creation of SIDs for signalization at Fowler and US 191.
The applicant
suggests that an SID will not be the method of financing a signal at Fowler and Huffine, if and
when a signal is warranted. The Planning Director noted the Board is recommending that this
condition not be revised.
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Mayor Stueck noted that Mr. Nelson paid for the City's share of Fowler Avenue so
the City spent no tax dollars from Golden Valley to US 191, which is an extra 15 feet of
asphalt paving. The Mayor stressed that Mr. Nelson has paid his fair share of off-site impacts.
15) Responding to Commissioner Stiff's query regarding the City's obligation
. to furnish water and sewer when tracts are annexed, the City Manager said water and sewer
would have to be extended by the owner of the property.
The Commissioner then queried whether the City will take full responsibility when this
property is only partially within the City service area. The City Manager replied a combination
of services could be involved, depending on whether the owner wants to develop a certain
portion of the property which the City is not prepared to serve. The Commissioner
said he
thought the City had a legal responsibility, once an area was annexed, to make water and
sewer available. City Manager Wysocki said he would get an answer for the Commissioner.
In response to Commissioner Frost, the Planning Director noted that only a single-use
development is proposed at this time, as opposed to J.C. Billion's development, which contains
7 or 8 lots. He noted that Billion has developed a community system, discharging into a single
. main. The Planning Director noted that this system would simply be a single 4-inch sewer line.
The Commissioner was concerned about the City's responsibilities for the entire site, stating
that he wondered whether the City could call a halt to offering its services. The Planning
Director said Staff's recommendation is that services be provided.
In response to Commissioner Stiff's concern about economic feasibility, Planning
Director Epple suggested the property owner will only want to perfect the annexation if he is
unable to get State approval so he can obtain the desired City services. The Planning Director
felt that, while the City is responsible for providing services, it is the developer's responsibility
to construct the infrastructure to access City services.
Staff Attorney Cooper said there is a general policy that if the City wants to annex
. additional property, the City is going to provide services. However, there is an exception for
a first class city, such as Bozeman, that in all cases of annexation, services may be provided
according to a plan mutually agreed upon by the City and the real property owner.
In response to Commissioner Youngman, the Staff Attorney said Bozeman could
negotiate with a property owner if the City felt it might not be able to provide services in a
timely manner.
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16) Responding to Commissioner Rudberg, Planning Director Andy Epple noted
that this land is zoned R-S, and under the new annexation policy, the Commission would have
to decide whether it would annex under the existing zoning requirements or some other zoning.
The applicant could have noted whether he desired some other zoning, but at this point this
. has not been done.
Commissioner Stiff noted that this application is quite a bit different from the previous
application, in that the City is obligated to provide services at the R-S zoning designation, not
at denser levels. The Planning Director affirmed that standard R-S density development is one
unit per acre, and where City services are provided, this density goes up to one unit per half
acre.
The City Manager noted that if the property remains at R-S, it would allow one unit
per acre, with septic and water on site. In response to Commissioner Frost, the
Planning
Director said development would probably be done through a PUD.
In response to Commissioner Rudberg, the Planning Director said there has been some
initial investigation of wetlands in this area, but he did not think there was a lot of wetland.
. He noted that at the north end of this proposed annexation, the floodplain is not more than 10
feet or so beyond the streambanks, and the 35-foot setback for structures would cover that.
The Planning Director noted the State has discouraged on-site sewage disposal systems in new
subdivisions when municipal systems are available within approximately 300 feet.
City Manager Jim Wysocki suggested that sewer development in this area should be
connected to the City, thus not causing any more problems with groundwater and pollution
more than currently exist.
17) Commissioner Stiff noted that he had spoken with Director of Public
Services Forbes and found the five blocks from Curtiss to College has a 37-foot width. The
problem is the same old one, trying to squeeze two parking lanes and two driving lanes into 37
. feet for those five blocks.
Work Session - (A) Discussion re DroDosed Droaressive fine structure for Darkina tickets: (B)
Discussion re legislative issues for 1997 Legislative Session: (C) Discussion re tocics for
uccoming work sessions
(A) Discussion re proposed progressive fine structure for parking
tickets
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City Manager Wysocki outlined a proposed progressive fine structure for parking
tickets, noting the objective is to change the structure so a continual violator does not
simply
receive a $5.00 ticket; the fine will become progressively more expensive. The program is
set
on a 90-day cycle: the first parking ticket is a courtesy ticket; a second violation within
90
. days of the first will cost $5.00; a third ticket within a further 90 days will incur a $10.00 fine
while a ticket within the next following 90 days will cost $20.00. He said, however, that
the
penalty for any violator who has not had a ticket within the preceding 91 days would be
a
courtesy ticket. Mr. Wysocki stated the purpose of the proposal, which is forwarded by the
Parking Commission, is to create turnover in parking spaces.
The City Manager further noted that, if a parking ticket remains unpaid, and the first
and second notice are unheeded, the final step would be a boot, so that the car cannot be
moved until such tickets are paid.
City Manager Wysocki said it is possible for a person to lease a reserved spot. The
City Manager said this had been discussed extensively by the Parking Commission, and is
to
be implemented in conjunction with the new handheld ticket writer system, which should be
. received within the next 45 to 60 days.
(B) Discussion re legislative issues
for 1997 Legislative Session
City Manager Wysocki noted he will be attending the Legislative Committee Meeting
for the Montana League of Cities and Towns next week and requested input from the
Commissioners in areas of interest. After a lengthy discussion with the Commissioners, it
was
decided the following subjects would be put on his list:
1. A 9-1-1 dispatch fee increase,
whereby the current 25-cent fee
per telephone account per month would be increased to 50 cents per
month;
2. The Victim Witness Program; adding
an amount to a fine that
would be earmarked for a support program for victims of crime;
3. A 3% Resort Tax, to be divided
with 1 % used for reduction of
. property tax; 1 % for an infrastructure capacity increase, i.e., an impact fee
partial replacement; and 1 % for maintenance or rebuilding of infrastructure.
A local option might be 1 % for local government general revenue;
4. A Subdivision Law revision;
5. Jurisdictional Issues, i.e., building
code enforcement, planning
jurisdiction and zoning jurisdiction;
6. A local option bed tax which would
be acceptable to Inn keepers;
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7. A statewide increase
in the gas tax which would be distributed
back to cities and counties on a per capita basis;
8. A real estate transfer
tax of % % to 1 %;
9. Computerization
of video gaming
machines for accounting
purposes;
. 10. To create another beer/wine
license category for restaurants
serving food but with no bar and no video gaming;
11. To match the gambling
age with the drinking age;
12. Monitoring and control
of Administrative Rules of Montana
regarding fees for services, as opposed to unfunded mandates from the
Legislature;
13. A resolution that says
there will be no mandates without a
revenue source;
14. Change the rules to
allow communities to establish their own
speed limits,
within the law, excluding approval
by MOoT or the
Transportation Commission;
15. Housing - mobile home
rules for parks, courts, notices of change,
etc.; and
16. Create a point of collection
for Counties, and possibly Cities, for
. impact or system development fees, to be assessed, perhaps, at septic or
building permit time.
In discussion
of the above subjects,
City Manager Wysocki reminded the
Commissioners that the services for which gas tax monies can be used are very limited, noting
that they are limited to roadways, although they could be used to address impacts from
development if necessary. The
City Manager noted that the subject of impact taxes is
something the Commission is strongly interested in.
Mr. David Smith, Executive Director of the Bozeman Chamber of Commerce, remarked
that West Yellowstone, for example, has an infrastructure committee, and it uses their resort
tax money for general fund costs, saying tourism impacts necessitate the purchase of police
cars, upgrading the dispatch center, etc. He further noted it was his understanding that
this
use of the tax funds has cut the West Yellowstone property taxes almost in half.
. Staff Attorney Cooper noted that Whitefish recently passed a resort tax and their
basis for promoting it was twofold: the monies were to be used for improvement of roads,
and
to reduce property taxes in the future.
Mr. Smith noted that retailers and small businesses are opposed to a resort tax unique
to Bozeman, since it would, in their opinion, give people a reason not to shop in Bozeman.
He
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further noted the Inn keepers Association does not oppose a local bed tax to be used for local
issues that somehow benefit the hotels and lodging industry.
Mr. Smith
recommended that the City/County create some sort of Capital
Improvements Advisory Committee, as a non-Commission review process, to suggest ways to
. spend the resort tax monies. Using the Whitefish example given, Mr. Smith noted their system
is set up to give 65% to infrastructure, 25% to property tax rebates, 5% to administration and
5% to open spaces.
City Manager Wysocki remarked on the difference between a general rebate tax that
might be instituted by the State and a local option, something instituted by the individual
community, noting that with the latter there are far less restrictions.
Commissioner Rudberg noted that in September the Cities and County are to meet
again, and it would be a good idea for local legislators to discuss these legislative issues at that
time.
(C) Discussion re topics for upcoming
work sessions
The City Manager referred to a draft list of subjects for upcoming discussions,
. forwarded in the Commissioners' packets, characterizing this as a list of topics resulting from
previous discussions. As a result of Commissioner comments, the following
list was
developed:
1. Animals - kennel license requirements,
dog runs, exotics i.e.,
falcons, etc.;
2. Ordinance re dogs in the cemetery;
3. Meeting with all boards on a rotational
basis;
4. West Babcock Street right-of-way
acquisition and improvement of
the street;
5. Update of current curfew ordinance;
6. Letter to Band Board encouraging
them to undertake fundraising
efforts to fund at least a portion of their costs;
. 7. Discussion re volunteer maintenance
of some of the small
neighborhood parks, possibly with input from the Recreation and Parks
Advisory Board;
8. Possible establishment of park
damage fees, use agreements, who
is going to be responsible for issuing the use agreement, fees, billing, etc.;
9. A park use policy, including one
for dogs;
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10. Discussion re computer policy for
City;
11. Annual review of priorities for
housing policy and possibly
additional direction to the Community Affordable Housing Advisory Board;
12. Review of goals for Fiscal Year
1996-1997; prioritize top 5 goals;
. 13. Review of composition of PedestrianfTraffic
Safety Committee;
14. Update re grants; what grants are we going to be losing; shared
possibilities with HRDC, the County, etc.; national trends;
15. Privatization issues;
16. Complete budget process 60 days
earlier, by end of fiscal year, if
possible;
17. Monthly City-County meetings;
18. Update
from Police Department
re implementation of
Neighborhood Watch program;
19. Update from Police Department re
Community Policing program;
20. Review of General Fund balances
for the last three fiscal years and
review of fund balance policy;
21. Critical lands and landfill, and
possible alternative for dealing with
. "big hit" budget items such as: 9-1-1;
22. Zone code amendments; and
23. Department heads - presentation
of cost saving ideas.
The City Manager indicated that this list will be used in developing work sessions for
upcoming agendas.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) "Working
with MDT" , an
invitation to attend their First
Annual
Transportation Planning Conference on October 23-24, 1996 at Grouse Mountain Lodge in
. Whitefish.
(2) Invitation from the Secretary of
Transportation to attend a Regional Forum
on the Reauthorization of the Intermodal Surface Transportation Efficiency Act (lSTEA) in
Missoula on August 20, 1996. The forum will be held from 1 :30 to 5:30 p.m. at the University
of Montana in Missoula.
In response to Commissioner Rudberg, City Manager Wysocki noted the City will not
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be sending a representative but that he hopes the State will.
(3) Letter from Janine Steel, 324 North
19th Avenue, including names and
addresses of neighbors, thanking Tom Wold for spearheading an excellent alley repair behind
their homes.
. (4) Letter from Sandra Watson, 11
South Yellowstone Avenue, seeking
information on the City of Bozeman's plans for improving West Babcock Street West from Main
Street to Yellowstone Avenue, and decrying the condition of the road.
(5) Memorandum from Caren Couch advising
the CAHF members of a meeting
to be held on September 4, 1996 in the HRDC Conference Room at the Bozeman building on
East Main Street.
(6) Copy of the minutes from the Parking
Committee meeting held on June 13,
1996 at 7:30 a.m. at City Hall.
(7) Notice of a Special Public Meeting
of the Gallatin County Commission, to
be held on August 12, 1996 at 10:00 a.m. in the Courthouse Community Room.
(8) Agenda for the County Commission meeting, to be held on August 13, 1996
. at 1 :30 p.m. in the Courthouse Community Room;
(9) Agenda of the Development Review
Committee meeting, to be held on
August 13, 1996 at 10:00 a.m. in the City Commission Room at City Hall;
(10) Agenda of the Design Review Board
meeting, to be held on August 13,
1996 at 3:30 p.m. in the City Commission Room at City Hall;
(11 ) Agenda for the Board of
Adjustments meeting, to be held on August 15,
1996 at 1 :30 p.m. in the City Commission Room at City Hall;
( 12) Letters concerning the fencing
of the cemetery from: Donald K. Weaver, Jr.
to Carroll Henderson, dated August 6, 1996; Gary Vodehnal and Carola Murat, dated August
12; Barbara Carlson Schneider, dated August 9; Jean McReynolds, dated August 9; Richard
Nelson, dated August 8; and Recreation & Parks Advisory Board, dated August 9. Letter from
. Charlotte Grabow re Band concerts, undated. Letter from Lisa Hardiman re affordable housing.
undated;
(13) Letter from Tim Corfield of the
National Intercollegiate Rodeo Association,
dated August 6, 1996;
( 14) A memorandum forwarding
the form for annual evaluation of the Clerk of
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the Commission;
( 15) The City Manager submitted his weekly report, as follows. (1) Noted there
are 135 firefighters working in the County, 5 of whom are from Bozeman. (2) Three
applications have been received for the old Post Office building. He has asked when the City
. will have a chance to review the proposal and anticipates a response shortly. The City will
reapply for purchase or a long-term lease, if we get past level 1 dealing with the historical
ruling; (3) The supply for water is good, thanks to last winter's snow; (4) The designs are
complete and are approved by the State for the two signals at North Willson Avenue and West
Mendenhall Street, and at Highland Boulevard and East Main Street; (5) The tile in the old Police
Department has been removed because it contained asbestos. During that removal they found
the mastic was used as a filler over most of the floor to level it. He noted that the floor has
now been sealed, to make the area safe.
( 16) Commissioner Rudberg distributed copies of a proposed resolution which she
would like to have the Commission adopt regarding housing, to be forwarded to legislators.
(17) Mr. David Smith, Executive Director of the Bozeman Chamber of Commerce,
. reviewed the certified letter he received from Tim Corfield, National Intercollegiate Rodeo
Association, dated August 6, 1996. He noted the current contract for the 1995-96-97 Rodeos
has been cancelled due to sales of tickets falling below the 25,000 minimum, per the Contract.
The Executive Director pointed out the last paragraph, in which Mr. Corfield suggested the
possibility of forwarding a new bid for 1997. The three primary items that he discussed with
Mr. Corfield were: (a) the declining ticket sales in 1995 and 1996; (b) their belief that 95% of
the tickets sold are to Bozeman residents and the market is therefore saturated; and (c) their
belief that the number of sponsorships available in the area, Le. corporate sponsorships have
been exhausted.
Mr. Smith noted the NIRA has been looking at other sites for about a year and have
. two offers at the present time. both of which would cost about one-third of what it costs here.
and both of which are standing offers that have been on the table since the last contract was
signed. Both offers are for facilities which accommodate rodeos. The Executive Director felt
if the Bozeman community wants to resubmit a bid it would be at a substantially lower amount
than before, but that he feels the community will see the event here in Bozeman in 1997.
The Mayor thanked Mr. Smith for his presentation.
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( 18) Mayor Stueck submitted the
following. (1 ) Received a letter from
Environmental Quality; (2) Letter from Jacob O'Hara, a 13-year old skateboarder wanting to
establish a skateboard park; (3) Letter from the Montana Department of Commerce concerning
the CDBG fund monies for the Senior Center and releasing the restriction on the Environmental
. Quality issue, which he gave to Commissioner Stiff to forward to the Board; (4) Stated that
Aaron Holst, Fire Chief, gave him a copy of the Emergency Operations Plan which he has
reviewed. He noted the Commission needs to adopt a resolution adopting this plan as soon as
possible. He handed his copy to the other Commissioners to review; (5) Noted that on
Saturday he had greeted about 150 international solar physicists, and he and Mike Malone gave
a presentation to them.
Recess - 5:39 D.m.
Mayor Stueck declared a recess at 5:39 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.
Sianina of Notice of SDecial Meeting
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Public hearina - Ordinance No. - Tentative ADDrODriation Ordinance
for Fiscal Year 1996-
1997
This was the time and place set for the public hearing on the Tentative Appropriation
Ordinance, as approved by the City Attorney, entitled:
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY
TO OPERATE
AND MAINTAIN CITY
SERVICES FOR SALARIES,
OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF
MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30,
1997.
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Mayor Stueck opened the public hearing.
The City Manager noted the following budgeted amounts for Fiscal Year 1996-1997:
General Fund
$ 7,854,874
Special Revenue Funds
7,060,568
Debt Service Funds
1,660,000
. Capital Projects
4,523,212
Water Fund 3,588,695
Wastewater Fund
2,840,592
Solid Waste Fund
2,013,057
Internal Service Funds
1,450,150
Trust and Agency Funds
25.000
GRAND TOTAL
$31,016,148
Susan Swimley, 207 McAdow, commended the Commission on its budget but asked
the Commissioners to reconsider a line item of $7,000.00 for a fence that would basically front
Peets' Hill. She said she understood and empathized with those who want to keep the place
sacred, and Ms. Swimley noted she had a great respect for cemeteries. However, she felt the
fence would inhibit people traffic through the cemetery. Ms. Swimley spoke of drug deals in
the cemetery, citing police records revealing that this is an on-going problem, particularly as the
. cemetery is secluded and dark. Ms. Swimley noted that a large number of law-abiding citizens
walk through the cemetery to access Peets' Hill, and she feels this keeps the number of drug
deals down. She noted her concern about citizens' safety when visiting departed ones,
particularly if interrupting a drug deal. Ms. Swimley concluded by asking the Commission to
not approve the $7,000.00 for the fence.
Pat Jennings, 2024 Baxter Drive, also protested the construction of the chain link
fence on the west side of Sunset Hills Cemetery, considering it a waste of $7,000.00 of
taxpayer money. She noted that, in 1992, the results of the POST Committee's work were put
into a 1990 Bozeman Area Master Plan Update. Ms. Jennings noted the plan may have been
changed, but the Recreation and Parks Advisory Board did not know about it. Ms. Jennings
quoted from Page 27 of that document, as follows: "Phase I. Development of a full access trail
. from the Sunset Hills Cemetery south along the ridge to the water tower at Josephine Park".
Ms. Jennings remarked there is a gate at this point and a trash can, and that would be blocked
by the proposed chain link fence. She noted that since 1872 this has been an open, friendly
cemetery and it is in excellent condition. Ms. Jennings referenced a guide book entitled:
"Who's Who in the Bozeman Cemetery - Guide to Historic Gravesites", sold in the Chamber of
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Commerce, which encourages people to walk in the cemeteries and find the historic markers.
Ms. Jennings noted there is a wire fence inside an eight- to nine-foot lilac hedge. She asked
if the hedge would be cut down, noting there is no reason to do so. Ms. Jennings said the
proposed fence blocks access to Burke Park only, adding she had verified with the Bozeman
. funeral homes that no funerals had been disturbed by people walking or jogging by. She noted
the last major act of vandalism was done with a truck, and the fence would not stop that. Ms.
Jennings agreed with Ms. Swimley that having people move through the cemetery deters
vandals during the day, noting that young people in cars leave when she stares at their license
number. She also noted that the cemetery gates are left open so the police can quietly sneak
up on vandals and possibly drug dealers, asking if there are other security measures. Ms.
Jennings suggested trying tasteful signs at each entrance to remind people to respect the souls
that rest in the cemetery and to leash and pick up after their dogs.
Peg Hines, 1011 East Curtiss Street, also asked the Commission to delete the
$7,000.00 for a chain link fence for the cemetery from the budget. She did not feel it would
accomplish anything because a vandal would simply scale such a fence. She felt it
would,
. instead, penalize ordinary citizens who like to walk through a beautiful cemetery. Ms. Hines
said she has also noticed that having citizens in the park kept vandals moving, and that parked
cars often move when she approaches. She noted a lot of her family had been buried there
over the years and she is in the cemetery frequently.
Ms. Hines presented a petition signed by just under 500 people who are opposed to
the installation of the chain link fence and requested the Commission to: "Keep the Cemetery
and Burke Park Beautiful and Accessible".
Norm Thurston, 414 Wilda Lane, member of the Cemetery Board, noted he has lived
in Bozeman all of his life and has sold monuments for 37 years. He feels Bozeman is now large
enough that something has to be done to protect Sunset Hills Cemetery from dogs running
. loose in it. In reference to the lilac hedge. Mr. Thurston said the proposed fence is only about
200 yards south of it, and people will get through anyway. He said the hedge has been there
for 50 years and his father is buried right next to it. Mr. Thurston also noted there is a linear
trail prepared for handicapped people and the elderly. He further felt the chain link fence on
the north side of the cemetery was an effort by the Sweet Pea organizers to block those who
came into the park through the cemetery without paying. He made the comment that the
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Cemetery Board is not trying to shut people out, but they are attempting to stop the vandalism
which has included the toppling of 30 tombstones one day, and another 30 the next day. Mr.
Thurston reported he had often seen people deliberately let their dogs out in the cemetery, and
noted the Optimists Club will no longer allow dogs to be loose in their park. In reference to the
. handicapped and elderly, Mr. Thurston did not feel the Peets' Hill trail could accommodate them
because of the speed of cyclists using the trail.
Carroll Henderson, 2140 Chambers Drive, Chairman of the Cemetery Board, handed
out to the Commission copies of some State Statutes. He referenced Section
7-35-4102,
which states: "This land must not be used for any other purpose than for a public cemetery".
He also cited Section 7-35-4105 which says: "The public cemeteries of cities, towns, villages
or neighborhoods must be enclosed". Mr. Henderson concluded that the City of Bozeman is
in violation of State statute at the present time.
Mr. Henderson noted that, during the Sweet Pea celebration in Lindley Park, he went
to the cemetery via the Cypress entrance, and found a lady searching for Dr. Epler's grave for
a memorial service. He discovered that, while the Sweet Pea organizers were cooperative with
. the mourners, Sweet Pea visitors poured in from the cemetery to avoid paying an entrance fee.
He showed the Commission photographs he took to illustrate this point.
Mr. Henderson then produced a record of interments from 1951 to 1993, and for
1995. He noted that Sunset Hills Cemetery will accept anyone from anywhere and, once
buried, it is the responsibility of the City to pay for the care of those gravesites. Mr. Henderson
said there were 164 full burials in 1951. He noted that, while the population has grown three
times from that in 1951, in 1995 there were only 107 full burials, with 46 ash burials. He said
the Cemetery Board feels some reasons for this decline are the vandalism and the desecration
of the cemetery. Mr. Henderson stressed the decline in full burials means a
loss of income,
while staff is still needed to maintain the cemetery. He feels a fence is
necessary, and that
perhaps it might be decided in a year's time that a single entrance is needed to clear up the
. problems in the cemetery. Mr. Henderson noted that the Cemetery Board is unanimous in their
support of the recommendation to put up the chain link fence.
Dorothy Burkenpas, 1108 East Babcock Street, related that 10 years ago she
encountered a gang attacking her car next to the hedge at the cemetery. She said she was
lucky to have electric windows and locks and was able to drive her vehicle away. Ms.
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Burkenpas deplored the fact that tombstones were run over by 4-wheel-drive vehicles, and
described meeting a gang of 12 youths in the cemetery who "looked like something out of Los
Angeles". She recognized the efforts of those who have developed the trail system, noting it
allows for access to this "public place". Ms. Burkenpas recognized the problems resulting from
. people allowing their dogs to run in the cemetery. She also stated, however, that allowing the
public to access the cemetery reduced problems resulting from youth in the cemetery.
She
feels the youth problem is a moral issue and suggested the police drive through the cemetery
frequently enough that it would annoy the youths. She concluded by stating the cemetery
should be left open for those who really appreciate it.
Jill Schaunaman, 1010 East Babcock Street, told the Commission that she is against
the erection of a fence. She said she and her children used the trail cemetery access to Peets'
Hill before it was a trail, and being up on the hill is, for her, a spiritual experience.
She
characterized Mr. Henderson's comment about possibly reducing the entrances to a single one
as a scary idea. Ms. Schaunaman feels this is a public space and questioned who is to define
what is or is not a religious or spiritual experience. She feels it is important
to keep the
. cemetery open, and that the hard work of those who built the trail not be wasted.
Ms.
Schaunaman noted she and her family use the parks and trails and, if the cemetery were
fenced, it would be a hardship to gain access to the trail. She continued that a fence along one
side of the cemetery will not stop vandalism.
Robert Duntsch, 702 South Grand Avenue, member of the Cemetery Board, said the
Board has fully weighed the pros and cons in developing its recommendation. He noted that
limited access to the cemetery, except through designated gates, is the objective of the Board,
and is an essential step towards control of the legion of problems at the cemetery.
He
characterized access through the western gate as one of the problems in the cemetery. Mr.
Duntsch concluded by going on record in support of the fence.
Mary Vant Hull, 416 East Story Street, said she lives just below Peets' Hill and
. typically goes up the hill twice a day, thereby seeing an awful lot of what goes on. She noted
that among the almost 500 who signed the petition to stop the fence were some of the most
prominent and public-spirited public servants in the City of Bozeman. She made special note
of several of them, stating that many of them live at Hillcrest, have dear ones in the cemetery
and walk in Burke Park regularly. She said it is not just young people who frequent the
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cemetery, but there are often 50-60 of these young people in the cemetery, some of whose
names are on the petition. Ms. Vant Hull said the young people go to the cemetery to watch
the sunset and she feels they are all people who loved and respect the cemetery as much as
the members of the Cemetery Board. Ms. Vant Hull noted the variety of people who use the
. trail, saying she was part of a group that raised about $10,000 last summer to make it an all.
weather trail, and the group plans to use the rest of the money to make the trail smooth
enough that wheelchairs can easily use it. Ms. Vant Hull agreed with many of the foregoing
statements and reiterated that the people she sees up at the cemetery are law-abiding citizens
and that people can learn to keep their dogs on a leash. She would like to see the
money
allocated for the fence used, instead, for the affordable housing program.
Lavina Chadbourne, 604 Dell Place, said she is concerned about the City Band. She
feels this is the only thing many city residents, particularly the elderly, go to and it is a major
source of enjoyment for them. Ms. Chadbourne asks the Commission not to cut funding for
the Band.
Lisa Hardiman, 1000 North 17th Avenue, said she is concerned about affordable
. housing. She noted the presence of many people from Bridger View and Covered Wagon
Mobile Home Parks, which are currently for sale. Ms. Hardiman noted there is no place in the
whole valley, between Livingston and Three Forks, to where mobile home owners could move
their trailers. Ms. Hardiman said this is the first meeting of the group to become a cooperative
mobile home park group, working together to provide security and peace in the lives of
themselves and their children; to have a say as to how things are managed; and to have and
enforce their own rules. Ms. Hardiman suggested there are a lot things the City Commission
can do to promote cooperative housing, both in apartments and mobile home parks.
The
Commission could help with technical assistance, maintenance, financing, tax benefits and
exceptions, and government subsidized money to help low and moderate income people buy
. land. Ms. Hardiman said she is really scared that, because of the surge of development, people
think $500 to $600 a month apartments are affordable, yet many people still make only $5 to
$6 an hour. She recognized that their mobile homes might be older, but they are still their
homes and they want to keep them.
Bill Ancell, 1202 South Willson Avenue, said he feels affordable housing in Bozeman
is a real problem and that the City should appropriate more money toward this problem. He
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also believes that rental habitability is a problem and that the City should playa bigger role in
helping to solve this. Mr. Ancell feels there are a lot of people who have moved to Bozeman
and are having a very hard time finding affordable housing. He does not feel this problem can
be left to the private sector as these people are concerned with supply and demand; rather,
. government should assist its citizens.
Charles Hatfield, 1000 North 17th Avenue, said any assistance that could be given
to affordable housing would be of great help to the residents of both Bridger Creek and Covered
Wagon Mobile Home Parks, as well as renters in the community. He stressed that, if mobile
homes are not allowed in Bozeman, then there would be many people with nowhere to go. He
concluded by once again encouraging the Commission to assist affordable housing.
Matt Warner, Covered Wagon Mobile Home Court, said he had been actively
involved in affordable housing for a few years. He reminded the Commission that they made
a commitment to make affordable housing one of their top priorities and he asked where that
commitment has gone, because there has not been any improvement in the situation that he
can see. Mr. Warner noted that the problem is not going away, and he feels the City should
. live up to its commitment.
Rebecca Dorobis, 1000 North 17th Avenue, noted her concern about affordable
housing. She made the comment that if the mobile home park is sold, she and her family will
lose their home and Bozeman will lose a taxpaying citizen.
Cory Sprout, 702 Bridger Drive, said he and his wife had made their decision to move
to Bozeman two years ago so his wife could attend college and they could raise their family.
He feels he does not have a chance of moving into a nice house in Bozeman because of the
prices. He also noted that retirement areas do not help the economy in Bozeman and the City
needs a young, working population. Mr. Sprout feels the City could help with the affordable
housing problem.
Julie Reed, 702 Bridger Drive, said she has worked as a custodian in Bozeman schools
. for almost 19 years, and at her age, with her lack of skills, and with her income, she cannot
afford to leave Bozeman if the trailer court is sold.
John Searle, 702 Bridger Drive, said he works as a custodian at MSU, and that his
wages are around $15,000 a year. He noted he had bought his home after calling several
realtors and being told his wages were too low; they would allow him only $40,000 towards
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a $100,000 home. He said he couldn't afford to make the payments on a loan on his low
wages. Mr. Searle said, if these trailer courts are lost, 300 families will be impacted.
Beth Fuller, 702 Bridger Drive, remarked she would look silly dragging her trailer down
the street behind her! She asked where 300 trailers could be put, along with
the resident
. families, noting that all the residents want is a half-way decent place to live. She feels that,
since the golf course was put in, the expensive housing developments want to grab and
develop their little piece of "garbage" land. Ms. Fuller said the residents of the trailer courts
want help in forming a cooperative so they have a little say in the matter. She said the
residents worry each time the river rises close to the trailer court. She made the comment, too,
that she is not sure she wants a fence around Sunset Hills when she "moves up there", and
would like to see the money used for something constructive for the living.
Twila Saylor, of 1000 North 17th, said she had bought her mobile home, which sits
in probably the only piece of Bozeman she can afford. She asked the Commissioners to keep
their minds open as they hear the remarks presented at this hearing.
Julia Wertz, 702 Bridger Drive, noted there are older people in their 18-lot section
. who could not attend this meeting. She said there are about 100 people in the Bridger View
Park and 300 in the Covered Wagon Park, and when land changes hands, the thing to do these
days is develop the land as real property, displacing trailer homes by requiring the homes be
removed by a certain date. Ms. Wertz cited Alpine Court as one that has gone through this and
she feels funding for a cooperative of trailer home owners is important.
Norm Thurston took the podium once again to say the Cemetery Board is considering
banning all dogs from the cemetery, even when on a leash.
Pat Jennings spoke again to mention an elderly man with an elderly dog, both of
whom would come to the cemetery to sit on one particular tombstone. Another lady visits the
grave of her son, sometimes bringing a toy or the boy's puppy. Ms. Jennings asked that the
Commission simply require people to pick up after their dogs.
. Peg Hines spoke again to say it would be nice to put $7,000 toward helping the living
homeless, and she wanted to know if seeing eye dogs would be banned. Ms. Hines advocated
a leash law for the cemetery.
Robert Evans, 604 South Willson Avenue, member of the Cemetery Board,
commented that, in just 2 to 3 months the cemetery problems have become almost
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insurmountable. He noted that people were told their cemetery plots were deeded pieces of
public property and were, therefore, only semi-public. Mr. Evans quoted State statute on the
subject and said he felt a leash law should be created instead of the total banning of dogs from
the cemetery.
. Carroll Henderson spoke again to say people who bought lots are not their problem;
it is the visitors. He follows local rules wherever he goes and he feels others should too. Mr.
Henderson feels the problems have to be controlled and that the Board has no intention of
closing the cemetery so that people cannot go in. He spoke of the lack of respect shown by
a family picnicking on a mausoleum recently, and the children jumping off it.
Jill Schaunaman spoke again to say the situation does need to be controlled, but not
by controlling access to the park. She emphasized the $7,000 should be used to increase
police patrols instead of putting up a fence, and that Burke Park should be kept open.
She
agreed that vandalism has been occurring but feels a 6-foot-high fence will not stop any of
these activities.
Ethel Main, 308 % South Black Avenue, said she agrees that people do not control
. their dogs. She uses her pooper scooper every day; however, she noted that walking through
some areas is like walking through manure. Ms. Main noted she was in the cemetery in the
early spring and was caught in a drug bust. She also noted she went to the band concert not
long ago to see how loud the music was, and it was not overly loud. She stated,
however,
that the music at the Sweet Pea Festival was loud enough that she could not sit outside with
guests.
Mary Vant Hull said she had talked to Jane Hawks about putting signs and pooper
scoopers in Cooper Park and estimated it would cost around $200 to do so.
Lavina Chadbourne noted that she thought Bozeman already had a dog ordinance.
Mayor Stueck closed the public hearing.
City Manager Wysocki noted that, if there are no changes in the Tentative
. Appropriation Ordinance the comparison can be published this week in preparation for final
adoption on August 26th. The City Manager suggested that no action be taken on the $7,000
allotted for the cemetery fence until the Cemetery Board and the Recreation and Parks Advisory
Board can get together to discuss the matter.
The names of those writing letters on the above subjects were entered into the record:
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Charlotte Grabow, Lisa Hardiman, Barbara Schneider, Jean McReynolds, Richard Nelson, Gary
Vodehnal and Carola Murat, Don Weaver, Recreation and Parks Advisory Board, Carroll
Henderson.
Mayor Stueck said he feels there is a misunderstanding about where the fence is to
. be installed and stated he would be in favor of not expending any money until the Boards could
sit down and talk.
Commissioner Rudberg was in agreement with this.
Commissioner Frost said he agreed that a joint recommendation of the two Boards
should be made to the Commission.
Commissioner Youngman said she was comfortable with the budget providing it was
made very clear the Commission is suspending any expenditure on a cemetery fence at this
point.
The Commission expressed by unanimous consensus that the $7,000 allocated for
the cemetery fence will stay in the budget but not be spent, until the Boards have met and a
final recommendation has been made by the Commission.
. Mayor Stueck asked whether there were any other proposed changes to the budget.
Commissioner Frost noted that there has been discussion about affordable housing,
although he recognized it is probably too late to find any money for that purpose. He noted
that, while he would still like to see some money go into that fund, he will not reopen the
subject at this point.
Commissioner Youngman remarked there was no point in holding a public hearing if
it is too late to re-open the subject. She once again forwarded her
suggestion that the
Commission put a sum in the budget for affordable housing. The
Commissioner felt that,
however small the amount, it could be used as a match for a grant proposal for cooperative
mobile home housing, or whatever. The Commissioner noted they did cut more than what is
. suggested be added for affordable housing in earlier deliberations, so the money is available in
the sense that the City had previously budgeted more money than is currently in the budget.
Commissioner Youngman felt these funds could be used for housing and still come in under the
original budget.
Commissioner Youngman said the amount available in the two funds for housing is,
after receiving several recent payments, at least $15,000 less than what is in the budget. The
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Commissioner noted the amount left is about $33,000 right now, after repayments that are not
reflected in this budget. She encouraged the Commission to commit something to the
Affordable Housing Fund.
Commissioner Rudberg stated the Montana People's Action and others have been
. encouraged to address the Commission, and that there is a loan of $350,000 in CDBG funding
that can be applied for. The Commissioner noted one of the things that would be allowed is
cooperative ownership of a mobile home park, and this option was mentioned at least two
months ago. The Commissioner felt that people should be allowed to take responsibility for
themselves instead of others enabling them.
Mayor Stueck suggested that the City could help these people to help themselves,
possibly by dedicating some of the Neighborhood Coordinator/Grantsperson Goehrung's time
toward writing a grant proposal. The Mayor indicated he cannot support putting more money
into the fund without seeing a return.
Commissioner Rudberg said she did not want to be in the position next year, of
looking like Helena this year, with an $800,000 shortfall in their budget, and with the ensuing
. layoffs and cuts, etc. The Commissioner said the City needs to be a good steward of its
money I knowing it is looking at a cap on the mill levy. The Commissioner said she thought the
grant idea was a good one and invited groups to proceed.
Responding to Commissioner Youngman's statements that it is hard to cut one budget
over another when all are so worthy, Mayor Stueck made the statement that he would really
like to find ways to enable groups to do the things they want to do.
Commissioner Frost said he feels affordable housing is important for people working
at basic wages.
Commissioner Stiff noted that he and his wife regularly help people with housing
through the Bozeman Interfaith Housing program. He does not feel the
City can solve the
problem, and it has not shown good stewardship in the way the monies have been spent. The
. Commissioner stated that things are being done individually by people around the community,
and they should be encouraged to continue.
Mayor Stueck agreed with the Commissioner, noting he would be agreeable to doing
a budget amendment in six months, if necessary, to support an application for a grant if
someone comes forward with a proposal. The Mayor stressed that the City had been active
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in various ways in providing low income housing and he feels it should now help others to
help
themselves. He would be willing to budget
$50,000 or another necessary sum, should
someone come up with a suitable plan.
It was moved by Commissioner Youngman, seconded by Commissioner Frost, that
. the budget be amended to include $10,000 for the Community Affordable Housing Fund. The
motion failed by the following Aye and No vote: those voting Aye being Commissioner
Youngman and
Commissioner Frost; those voting
No being Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck.
Public hearing - Resolution No. 3133 - intent to budget an increased amount of ad valorem
tax
(DroDertv tax) revenue for Fiscal Year 1996-1997
This was the time and place set for the public hearing on Commission Resolution No.
3133, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED
. AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1996-1997.
The City Manager noted that the proposed 11.1 % increase in property taxes is
comprised of the 5% change in revenue allowed by Statute, a 1.6% increase to cover the G.O.
bond recently approved, and the new valuation of 4.5% as certified by the County Assessor.
Mayor Stueck opened the public hearing.
No one was present to speak in support of, or in opposition to, the proposed increase
in property taxes.
Since there were no Commissioner objections, the Mayor closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission authorize budgeting of an increased amount of property tax revenues for Fiscal
Year 1996-1997. The motion carried by the following Aye and No vote: those voting Aye
. being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman and Mayor Stueck; those voting No, none.
Adiournment - 8:45 D.m.
There being no further business to come before the Commission at this time, it was
08-12-96
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- 24-
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.
. (~ L /3Zi<, -~
DON E. STUECK, Mayor
ATTEST:
'II ' /~ l -<
, '" // ;I aiM /1 . j1 (t1 II Ct8-v>17 ..-
GilLIAN Z. ERLANDSON
Acting Clerk of the Commission
.
.
08-12-96