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HomeMy WebLinkAbout1989-11-06 , - ~. ;- . ". .. '" -, " .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 6, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 6, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - October 30 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of October 30, 1989 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - establishment of user fees for ark use, as recommended b the Recreation Advisory oard City Manager Wysocki submitted to the Commission a memo from the Recreation Ad- visory Board proposing a park user fee system. Ms. Amanda Cater, member of the Recreation Advisory Board, highlighted the proposed fee schedule as follows: Under 49 people - no reservation fee $10.00 fee for waiver of open container ordinance 50 to 100 people - $10.00 reservation fee $10.00 fee for waiver of open container ordinance Over 100 people - $25.00, plus $25.00 for each additional 100 people $10.00 fee for waiver of open container ordinance Extra services, i.e., extra tables, bleachers and garbage - additional fees will be added, depending on level of services provided Ms. Cater stated this graduated fee schedule was developed because the Board felt that a larger group of people creates a large amount of refuse; and it takes more staff time to clean up after those groups than after smaller groups. She noted the proposed fees should generate funds to cover the costs incurred. Commissioner Vant Hull noted the sub-committee working on this item had proposed a fee for all reservations and asked why the change. Ms. Cater stated that when the entire Board discussed the fee schedule as proposed by the sub-committee, the issue was raised that small groups are often gathered for family .. 't '* .i ... .., . ,. - 2 - - occas ions, such as reun ions. She noted that to have those small groups not register to avoid paying a fee could create problems, rather than solving any. City Manager Wysocki reminded the Commission that the permit system wasimple- mented to allow the City to keep track of larger groups and to ensure that conflicts do not occur in a park. He encouraged the Commission to approve this proposed fee schedule, noting that the number of registrations versus the number of groups using the parks should be watched. He noted that if groups are failing to submit a park reservation to avoid paying the fee, it may be best to drop the fee schedule and encourage park reser- vations to avoid potential conflicts. Commissioner Vant Hull suggested that the issuance of park permits should be done in City Hall rather than at the City Shops. Commissioner Martel asked if groups like Sweet Pea would be covered by this park reservation fee schedule. Recreation Superintendent Sue Harkin stated that those groups which are covered by existing agreements would be exempt from this park reservation fee schedule. I n response to a question from Commissioner Goehrung, the Recreation Superinten- dent indicated the amount to be charged for additional tables or bleachers has not yet been establ ished. She noted that Park Superintendent McNeil has not yet computed the costs involved in providing the extra services; however, she suggested that may be desir,;., able in the future. Commissioner Vant Hull stated she would support implementing fees for all reser- vat ions. She noted that at one time, the possibility of issuing a fact sheet with each per- mit was discussed; and such a fee schedule would offset those costs. She then suggested that such a sheet be prepared and distributed so users are aware of regulations for the parks. City Manager Wysocki recommended that the Commission approve the park reserva- tion fee schedule as submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the following park reservation fee schedule, as recommended by the Recreation Advisory Board: Under 49 people - no reservation fee $10.00 fee for waiver of open container ordinance 50 to 100 people - $10.00 reservation fee $10.00 fee for waiver of open container ordinance Over 100 people - $25.00, plus $25.00 for each additional 100 people $10.00 fee for waiver of open container ordinance Extra services, i.e., extra tables, bleachers and garbage - additional fees will be added, depending on level of services provided The motion carried by the following Aye and No vote: those voting Aye being Commission' 11-0f .. ~ oi :i _. ~ , . .. - 3 - Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Re uest for authorization to close funds - ei ht SID funds, one debt service fund and one capital project und The City Manager submitted to the Commission a memo from Administrative Services Director Gamradt requesting authorization to close eight Special Improvement District funds into the SID Revolving Fund, and to close one debt service fund and one capital project fund into the General Fund. He reminded the Commission that State statutes require Com- mission authorization for closing of accounts. Commissioner Martel questioned why the Swim Center Renovation fund is to be closed, since there is outstanding debt for those improvements. The Administrative Services Director stated that under generally accepted account- ing practices, a capital project fund is where construction costs are incurred; and repay- ment of debt for those costs is made from the General Fund. He noted that the mon ies from the construction account are being closed into the General Fund for repayment of the debt under this requested action. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission authorize the staff to close funds as follows: From SID Revolving Fund General Fund - Senior Center G.O. $ $ 19,321.91 Swim Center Renovation 40,938.64 Paving - Greek Way 1 ,005. 13 Kirk Park Development 11,487.94 Sewer - 5 11th & 15th ( 236.30) Water & Sewer - Kagy 2,391.70 Paving & Storm Sewer - 5 Wallace ( 155.53) Paving - Kagy 9,596.42 Paving - Olive, 10th to 11th 1,405.24 Water/Sewer - W Main 3,395.06 Total $ 28,889.66 $ 60,260.55 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Coehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - possible policy requiring that water and sewer bills be placed in property owner's name City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director Camradt setting forth a brief background of the City's policy on water and sewer bills, along with a listing of the problems incurred and possible solutions. He noted that attached to the memo is a computer listing of all accounts for which more than one bill 11-06-89 ,. ~ .;., i * . , ,. . - 4 - was sent in October due to non-payment by one or more past tenants. Administrative Services Director briefly highlighted his memo. He noted that the City's policy has been to place the water and sewer bill in the name of the occupant if re- quested to do so, rather than in the name of the property owner. He stated that this policy creates a number of problems and additional workload for staff. The Administrative Services Director stated that when a tenant moves, a special me- ter reading is required for billing purposes; and that can result in the meter reader going to the residence multiple times if the meter is inside. If a tenant fails to call when he leaves, the next tenant will receive the bill and probably complain. The bill must then be estimated and split, with a portion being sent to the old tenant and a portion to the new tenant. He noted that, as can be seen on the computer printout, a number of people do not immediately pay their final bill; therefore, multiple bills must be sent for the same ac- count. Director Gamradt stated that the staff processes an average of 250 changes in water billings each month; and the months of September and June are much higher due to the University's school year. He noted that in Bozeman, the problem has more impact than in other communities because of the size of the University in relationship to the community. The Director then cited incidents which have occurred under the City's current policy. He noted that four college students lived in a house. They changed the name on the billing every ninety days and lived in the home for an entire school year without pay- ing a dime for water and sewer. The Director then stated that in another instance, an individual called in to place the water billing in someone else's name. He then called back later, claiming to be the other person and asking to have the billing changed. Administrative Services Director Gamradt stated he called several different cities in the State to find out what procedures they follow; and a tabulation of that information is included in the memo. He noted that some communities place the water bill in only the homeowner's name; and that individual is held responsible for any unpaid balance. He noted that in Helena, the account is placed in the homeowner's name; and any outstanding utility bills are included in the closing statement at the time a property is sold. The Administrative Services Director reminded the Commission that one of the bills proposed during the last legislative session was to allow Cities to place a lien on the prop- erty for any unpaid water bills; however, that bill was killed in committee. He noted that the iaw currently allows that unpaid sewer bills may be placed as a lien on the property. He noted that the City does have the ability to make the property owner responsible for the unpaid water bill at the present time. Administrative Services Director Gamradt then highlighted various solutions to the problems listed, such as increased deposit requirements and tightened delinquent account 11-06-89 ~... ( ... , - > , ~ . / - 5 - ~~ . .---/ -------~- policies. He noted, however, that the ideal solution would be to place the utility bill in the property owner's name. Commissioner Hawks addressed the issue from a property ownerls perspective, not- ing that he recently incurred a $190 water bill on rental property because the tenant left without paying the bill. He expressed concern that to have the homeowner responsible for the bill takes away any incentive for water conservation. He also noted there are several absentee landlords; and that could create as many problems as the current situation. He stated that he supports requiring a substantial deposit and a shortened time for shutting off water for delinquencies, which should cover a majority of unpaid bilis. City Manager Wysocki noted that the property owners may pass along the utility costs to the tenants, either through a lease which requires that the tenant pay the monthly utility costs or through increased rent. /1 Commissioner Vant Hull stated there are ~al houses with apartments that have only one meter to serve the entire structure. She noted those landlords are already re- sponsible for the water and sewer bill; and she feels that creates an unfair advantage for those landlords who do not pay the utility bill. She then stated support for the Director's proposal to require that landlords be made responsible for the bill. Commissioner Martel stated he feels that a policy making the landiord responsible for water and sewer bills would work well in the commercial areas; however, he is not sure it would work as well in residential areas and apartment units. He noted that constant change in tenants in residential units is a fact of life in this community; and he feels it would be most appropriate to address the staffls problems through a stricter credit policy. The Commissioner proposed that a two-month deposit based on the average bill for a resi- dence should be charged; and a thirty-day delinquency should result in a shut-off. He then stated he feels it is unfair to the landlord to make him responsible for the water bill. Commissioner Goehrung noted it is now the Cityls policy to send only one bill per account, except in those instances where multiple bills are sent due to changes in tenants. He then asked if it would be possible to send more than one copy of the bill out, possibly one to the tenant and one to the landlord. He suggested an additional charge could be added to those accounts where more than one copy of the bill is sent to cover the addi- tional costs; and the option could then be provided as to whether the property owner or the tenant pays the bill. Administrative Services Director Gamradt indicated it would be possible to accommo- date that suggestion; however, he stated he does not feel that option would be used ex- tensively. Commissioner Goehrung noted there are many possible solutions, and all would help a little; however, the crux of the problem must be addressed. He then suggested that 11-06-89 tl>.' ~ "'w;: '" . ~ " . - 6 - ~ , another possible solution would be to require installation of remote readers on those prop- erties where it is difficult to obtain final meter readings, which would save time for the meter reader. The Commissioner then noted it is important that those units which create the additional costs to the City's water system should ~those costs, rather than having the costs spread over all of the water users. Mayor Stiff stated that, with ample notice, he would support changing the City's policy to require that the landlord be responsible for the water bill. He noted that under the present system, some landlords will pay delinquent water bills when brought to their attention. The Mayor noted that this change in policy would eliminate a lot of paper shuffling for City staff. He further noted it is consistent with the way in which garbage collection is billed. The City Manager noted that the water and sewer costs can be factored into the rent charge, like other costs already are. Commissioner Hawks responded that is the ideal; however, the market sets the rental rates. He noted that deposits are already quite high; and it may not be possible to increase those to cover the additional potential costs created by del inquencies. The Com- missioner then expressed concern that the City does not really promote water conservation. which is the most cost effective measure it could take. He noted there must be some in- centive to conserve; and having the landlord pay the bill will not provide that incentive. Commissioner Martel stated he feels that paying the water bill is a personal respon- sibility; and he does not believe the landlord should be made responsible for that contract a rrangemen t. Commissioner Hawks suggested that the turn-off period be shortened to sixty days rather than the current ninety days. He noted that would decrease the amount of possible delinquencies substantially. He also suggested that a deposit should be required, no mat- ter who the subscriber is. Commissioner Goehrung requested that the staff provide additional information on some of the various options discussed prior to the Commission making a decision on this item. He noted that review of the multiple monthly billings reveals that very few of those bills are over $100; and most of them are "nickel and dime" amounts. He noted that to maintain those billings over a period of time results in additional costs to the City. He then concurred that to make the landlord responsible for water bills would dramatically de- crease the number of changes made and the attendant costs. Commissioner Martel noted there are a substantial number of absentee landlords, many of whom contract with a bank or management company for rental of their units. Commissioner Goehrung once again indicated he would like additional information from staff before making a decision. He briefly highl ighted those areas, wh ich include 11-06-89 ~,.. t ""'.. ...: ". ~ ,. , - 7 - . whether the landlord should made be responsible for the water bill or some flexibility should be provided; shortening of the time period for delinquent accounts; a possible pro- vision regarding more than one meter reading per month; requirement for a remote reader; and possible costs of sending more than one bill for an account. Commissioner Martel noted that Helena's policy of placing delinquent water bills on the closing statement does provide an excellent safeguard to ensure the bill is current at the time ownership changes. Administrative Services Director Gamradt noted that if the Commission does approve changing the policy to place the bill in the landlord's name, many of the options discussed would not be necessary. He noted, however, that a stricter credit pol icy and shortened turn-off period could be a part of the change. Mayor Stiff asked if a majority of the Commission wishes to pursue the possibility of making the landlord responsible for the water bills; a majority responded that they do. The Administrative Services Director indicated he will prepare a Commission Resolu- tion for the Commission to consider at their November 20 meeting. City Manager Wysocki presented Ordinance No. 1292, as prepared by the City At- torney, entitled: ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING REASONABLE UNIFORM SAFETY CODE IN- SPECTION FEES FOR THE INSPECTION OF BUILDINGS AND OFFICES CON- TAINING BUSINESSES AND ORGANIZATIONS NOT LICENSED BY THE CITY OF BOZEMAN. The City Manager stated that adoption of this ordinance will establish uniform safety code inspection fees for inspection of buildings and offices containing businesses and orga- nizations which are exempt from the City's business licensing requirements. He reminded the Commission that this is the second part of the recommendations forwarded by the ad hoc committee to review the business license ordinance. The City Manager noted that safety inspections of the buildings frequented by the public ensures the safety of those individuals. He reminded the Commission that a portion of the business license fee paid by businesses covers the costs of those services. Those businesses which are exempted from the City's business licensing requirements by the State statutes are presently provided those services; however, the businesses do not pay for them. He noted that adoption of this ordinance will allow the City to recover its costs for providing this service, which ensures the pUblic health, safety and welfare. City Attorney Becker reminded the Commission that this ordinance does not in any 11-06-89 ,... . ....... .. 'oJ. ~ . . - 8 - ~ way attempt to regulate those businesses which are exempted from the City's business li- cense requirements; it is strictly to protect the public and ensure that those buildings housing such businesses and operations meet the uniform safety codes, as listed in the or- dinance. Commissioner Hawks asked if those items not meeting the various safety codes will be grandfathered. The City Attorney responded that the City cannot grandfather safety code vio- lations. He noted that those obvious deficiencies must be corrected as soon as possible. He then reminded the Commission that the City already has the authority to require that the safety codes be met, since it has adopted all of the codes listed. The City Manager stated that adoption of this ordinance provides for the City to be reimbursed for inspection of those buildings which contain businesses or organizations which are exempt from the City's business license requirements. He noted that those buildings have been inspected in the past, although not on as regular a basis as should be established. He stated that adoption of this ordinance would cause those businesses and . organizations to pa'y for the services they receive, as those businesses currently licensed do. Mayor Stiff noted that during discussion of the proposed business license, the Com- mission had indicated an interest in establishing this type of inspection fee, which will al- low for recovery of costs; thus those services will remain revenue neutral. City Manager Wysocki stated that under this ordinance, charges will be made for each visit, based on the actual time spent in that location. He indicated he feels this is preferable to establishing a fee structure. He then stated he does not anticipate that in- spections will be made on an annual basis; however, he noted they would be done on a pe- riodic basis. The City Attorney reminded the Commission that this ordinance indicates that the fees will be set by resolution; therefore, the Commission does have control over the fees set. Mayor Stiff noted that if a building is occupied by both licensed and exempted businesses, only those exempted businesses would be billed for their portions of the in- spection under this ordinance; the City Manager concurred. City Manager Wysocki recommended that the Commission provisionally adopt this or- dinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1292, establishing reasonable uniform safety code inspection fees for the inspection of buildings and offices containing businesses and organizations not licensed by the City, and that it be brought back in two weeks for 11-06-89 '. , "1;,,:", ~ . , , . , - 9 - . .' final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Update re planning process; setting dates for public hearings - Planning Director Epple City Manager Wysocki stated that Planning Director Epple and Mr. Roger Craft, member of the ad hoc implementation committee, are present to provide an update on the planning process. Planning Director Andy Epple distributed to the Commission the second draft of the master plan. He stated that twelve copies of this document were sent to the City; and any comments or proposed revisions must be sent back to BRW, Inc., immediately for in- clusion in the final draft. He noted this is a departure from the original schedule submit- ted, since the second draft of the master plan was to be public hearing ready; however, he feels this additional opportunity for input will provide a document which more accurately reflects local feelings and cOncerns. . The Planning Director then requested that the Com- mission submit any comments back to the Planning staff by 5: 00 p.m. on Wednesday, not- ing this is a very short timeframe. Planning Director Epple stated that this draft is very similar in format to the first draft; however, there have been numerous changes in content based on the comments sub- mitted by individuals and Commissions as well as the ad hoc implementation committee. He then briefly highlighted those changes which he had noticed in a quick glance, suggesting that the Commissioners compare the comments submitted to the new draft to determine how they have been incorporated. Commissioner Vant Hull indicated that it was her impression that no statements r- oll{ would be removed before the public hearing, such as the preamble statement which .eM ;.( h~d submitted. V rl.-J / ~, , The Planning Director responded that the revisions made by BRW were based on the comments received. He then suggested that the Commissioners submit their comments to the staff so they can be forwarded to BRW for inclusion in the final draft. Commissioner Hawks asked if the service area boundary has been changed to follow property lines or if the circle remains conceptual. Planning Director Epple stated the consultants felt it would be better to leave a soft edge on the service area, noting that each individual application for City services could then be considered. He stated this will more accurately reflect the City's ability to pro- vide services to a specific area. The Planning Director stated that the consultants plan to have the final draft com- pleted and sent to the City in ample time for public review prior to the City-County Plan- 11-06-89 '. . ~, . .' . , - 10 - . ning Board's public hearing scheduled for November 29. Planning Director Epple stated that the revised sign code from BRW, Inc., is to be sent tomorrow morning. He noted this revision is a combination of the code as drafted by BRW and the ordinance which was generated locally by the ad hoc sign committee. He noted that the ad hoc sign committee will begin work on that draft as soon as it arrives. The Planning Director then stated the second draft of the zone code is expected by the end of this week, also. Mr. Roger Craft stated that last week he and Keith Swenson met with the ad hoc sign committee. He noted the committee's proposal, which was approved unanimously, is to take the BRW format and insert the contents of the locally generated ordinance. He noted that document is to be returned immediately for committee review. He stated the committee will meet as much as necessary to complete review of the draft document, listing all areas of disagreement and why they disagree. The ad hoc sign committee and the ad hoc imple- mentation committee will meet on November 15 to discuss the areas of disagreement before the comments are forwarded to BRW for incorporation in the third draft of the sign ordi- nance.. Mr. Craft stated that the Zoning Commission will conduct a public hearing on the sign code portion of the zone code at its regular meeting on November 28. In the hear- ings before the City-County Planning Board and the City Commission, the sign code will be included as a portion of the zone code. He then highlighted the hearing schedule as proposed before the various bodies. He stated that he submitted the City Commission's concerns about holding separate hearings to the County Commission for their consideration. He noted that after discussion, the County Commissioners suggested that the City Commis- sion conduct its public hearings on December 11 and 18; that the County Commission con- duct its public hearing on December 12; and that a joint hearing be held on December 19, so the Commissions may address any concerns and attempt to gain a consensus. He sug- gested this process would probably be better than to hold totally combined hearings be- cause it allows each Commission to iron out its differences separately before addressing those items which affect both Commissions. Mayor Stiff asked how the hearings will be broken between the two weeks. Mr. Craft suggested that a limit of two or three hours be set for the public hear- ings. He then noted that the Commission could begin with hearings on the master plan and capital improvement plan; or it could select topics if it so chooses. I n response to a question from Commissioner Hawks, Mr. Craft indicated that the ad hoc implementation committee on Wednesday morning will be a four-hour session. In response to a question from the City Manager, Planning Director Epple indicated that the documents will be submitted to the City in time to meet the legal requirements for 11-06-89 '. , '" ~ .. .. ... ~ . . - 11 - .' availability to the public. Mayor Stiff asked if it is necessary to appoint a hearings officer if the Commissions are to conduct separate public hearings. Mr. Craft indicated it may be beneficial to appoint a hearings officer for the combined hearing. He noted that the Commission could conduct the other public hearings in its regular format; or it could appoint a hearings officer for those as well if it so de..,. si res. The Mayor noted he feels it might be beneficial to appoint a hearings officer for all of the hearings. Commissioner Goehrung asked how intimidated the public will be when asked to ad- dress all of the documents at the public hearings. Mr. Craft noted the public is to submit comments and ideas on Iy. He noted that the staff will be responsible for any rewriting that is necessary. Commissioner Goehrungasked what changes have been made in the regulations for child care centers, noting that State law has recently changed in this area. Mr. Craft stated the current docu~ent does not meet the statutory regulations. He stated there is not adequate time to make those changes prior to the public hearings; and suggested that thE! code be adopted as it" is" recognizing that section will have to be changed after the adoption to correct its problems. He stated that the IItweekingll process will take approximately two years to complete. He suggested that if the document is 95 percent accurate, it should be adopted at this time and changed as necessary at a later date. I n response to a question from Commissioner Goehrung, Mr. Craft stated that under the current timeline, the City Commission and County Commission could adopt the various documents on December 19, following the joint publ ic hearing. He noted that a majority of the issues raised will probably have been raised during the public hearings before the Zoning Commission and City-County Planning Board; and staff should have adequate time to prepare alternative language which the Commissions could insert if so desired prior to adoption. Commissioner Hawks noted that the Commission must carefully consider the public testimony, interpreting what is in the public interest. Commissioner Goehrung noted the potential impact of these documents is far reach- ing. He then suggested it may be beneficial for someone to talk to various groups to pro- vide as much background information as possible prior to the pubiic hearings. Mr. Craft stated that on November 21, the Chamber of Commerce will sponsor meet- ings in the morning from 7:00 to 8:30 a.m. and in the afternoon from 5:30 to 7:00 p.m. He indicated that Planner Ron Brey, Mr. Keith Swenson and he will make a presentation 11-06-89 " . ..... If... ... . . . . - 12 - and conduct a question-and-answer session on these documents. He noted some groups will be specifically invited to attend; and the sessions are open to the public. He in- dicated that items to be specifically addressed include the appeals process, sign ordinance, corridors, historic and conservation districts, and general standards. Commissioner Hawks noted the League of Women Voters usually gets invoived in public education efforts in this type of issue; however, they have not to date. Mr. Craft indicated a willingness to address any group which asks him to do so be- tween now and adoption of the new codes. Mayor Stiff expressed concern that it may be perceived that this process is moving forward too rapidly. He noted that, if necessary, the Commission could slow the process down. Break - 3:40 to 3:45 p.m. Mayor Stiff declared a break from 3:40 p.m. to 3:45 p.m., in accordance with Com- mission policy established at their reguiar meeting of March 14, 1983. rocess (continued); settin dates for ublic hearin s - Plannin Di- Commissioner Goehrung expressed concern that those involved are not ready to be- gin review of the draft zoning documents, based on various issues that are still up in the air. He then suggested that the Commission consider reviewing the master plan and capi- tal improvement plan on the schedule proposed by the ad hoc implementation committee; and suggested that the only reason to consider the zone code prior to the end of the year might be the uncertainty of the composition of the Commission after tomorrow's election and to ensure that those who have been involved to date are involved through the remainder of the process. The Commissioner expressed concern that with the holiday season and time schedules being proposed, it may be very difficult to meet the end-of-the-year deadline and suggested it may be better to make a conscious decision at this time to roll the zone code over to next year. Mayor Stiff stated he shares Commissioner Goehrung1s concerns. Commissioner Vant Hull stated concurrence. She noted it would be nice if she could be involved in the entire process; however, she would prefer to see it done right than to see it rushed at this point. City Manager Wysocki asked if it would be any problem to conduct the public hear- ings in mid-December with one Commission but ask another Commission to make a decision after the first of the year. City Attorney Becker responded that the torch passes to the next Commission; and 11-06-89 '. . " , .. , , . . - 13 - ~.....-'""--'_....-' that would create no problem. Commissioner Hawks stated the committee has been working on this proposed streamlining and revision process for an extended period of time and would like to see it ended. He noted they are not attempting to circumvent public input; but they would like to have a decision made. He further noted that much of the pians are philosophical as well as technical; and the public probably won't fully understand them. He noted, there- fore, that the public input received must be carefully filtered to ensure that their real concerns are properly addressed. ~ q Commissioner Goehrung noted that some of the ad hoc implementation committee have been four or five hours long; and not all of the topics have been covered. He then ques- tioned whether those issues not addressed during the meeting have been adequately resolved after the meeting. Commissioner Hawks stated he feels all issues have been adequately addressed to date. He then stated that the Commission must be satisfied collectively that the final doc- ument is reasonable and acceptable. He noted that if it is not, the process can be slowed until a reasonable document has been developed. Mayor Stiff noted the community must be comfortable with the document as well as the City Commissioners. City Manager Wysocki suggested the Commission could proceed along the timeline proposed by the ad hoc implementation committee, recognizing that the process could be slowed or stopped at any given point. He suggested that the public meetings held by the Chamber of Commerce on November 21 could give the Commission a good indication of whether the documents appear acceptable. Commissioner Hawks reminded the Commission that these revised documents reflect change, refinement and progressiveness; and they must recognize the fact that these are controversial documents. Discussion - draft letter to State Highway Department re speed zone on East Main Street City Manager Wysocki submitted to the Commission a letter to the State of Montana Department of Highways concerning the speed zone on East Main Street, as drafted by Di- rector of Public Service Forbes. He noted that this is in response to a Commission request from their October 23 meeting, due to citizen concerns which have been raised about the speed limit. Commissioner Vant Hull suggested that changes be made in the letter to reflect other problems and concerns along East Main Street. She noted that Cypress Avenue is the access to Marwyn Addition; and that intersection was the site of a fatality accident a few yea rs ago. She also stated the fact to mention in the letter is that Lindley Park, 11-06-89 . , ~ " . .' , . . , - 14 - . which is located adjacent to East Main Street, is becoming more heavily used as the terminus for cross-country skiing and hiking in the Sourdough Ridge area. Following discussion, the Commissioners concurred that the speed zone along all of East Main Street should probably be reviewed, rather than just the 45-mile-per-hour section; however, a majority concurred that the two issues raised by Commissioner Vant Hull do not need to be added. City Manager Wysocki suggested that the words "from Wallace Avenue east to the city limits" be added to the first paragraph; and the Commission concurred. Commissioner Vant Hull stated she cannot support the letter because it is not strong enough. I t was moved by Commissioner Hawks, seconded by Commissioner Martel, that that the Commission approve the draft letter to the State of Montana Department of Highways, as revised. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. Building I nspection Division report for October 1989 The City Manager stated this is the only item which would have been placed on the consent agenda. He then recommended that the Commission acknowledge receipt of the report. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission acknowledge receipt of the Building Inspection Division report for the month of October 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion II items. (1) A memo from Planning Director Epple announcing a change in the time and place for City-County Planning Board meetings through the remainder of the calendar year. In January 1990, the time and place for those meetings will change once more, as noted in the memo. (2) A letter from the Gallatin County Commission indicating a desire to meet with the City Commission to discuss a long-term waste management plan and handling of civil cases in the future. The City Manager stat~d tie has discussed this request with County Commissioner 11-06-89 . . . ... . \ ~ -- . . - 15 - . Jane Jelinski and suggested that the Commission establish November 20 as the date for that meeting. He noted that at 3:00 p.m., the Commissions could discuss the waste management pian; and at 4:00 p.m., they could meet with City Judge Frost and Justice of the Peace Goan to discuss the handling of future civil cases. He then suggested that the Commission should start its meeting at 1 :00 p.m. that day to ensure adequate time to complete the regular agenda items. The Commission concurred with that suggestion. (3) A letter to the Mayor from Inter-Mountain Laboratories, Inc., requesting a master plan classification which would allow them to become a permanent member of the community. The City Manager noted the letter further expresses appreciation for the as- sistance which Planner Debbie Arkell has provided to them. Commissioner Vant Hull asked if the new plan could help ensure the viability of the downtown area by reserving street level properties for retail purposes while allowing of- fices on the second level. The City Manager indicated he feels that is possible through the public hearing process. (4) A letter from Ms. Madelyn L. Knedlik stating appreciation for the help given her by Tim Murphy, Cemetery Superintendent. (5) A tabulation of the costs involved in expansion of the landfill, in response to Commissioner Martel's concerns. Commissioner Martel noted that an outside contract for engineering services was omitted from the tabulation. He then indicated this is the type of recap that he had re- quested. (6) A copy of the advertisement for applications for two positions on the Historic Preservation Advisory Commission. (7) Agenda for the Highway Commission meeting to be held on Friday, November 17, in Helena. The City Manager noted there are three agenda items in which the City may be in- terested; and someone will be attending the meeting. (8) The City Manager submitted his weekly report, as follows. (1) The annual meeting of the Bozeman Water Users' Association was held in City Hall last week. (2) Leaf pick-up began last week. In response to a question from Commissioner Goehrung, he stated the leaves are currently being dumped at the cemetery; however, the crews will consider other places where they can dump a full day's work if it is close to the area where they are working. (3) He attended the venture capital program held last week. He noted there are loan monies available for people with limited incomes and net worth. (4) Ded- ication of the Gallagator Linear Park was held on Sunday and was well attended. (5) A pOSSible agenda item for next week is sale of the City's old fire pumper truck. He noted that some small towns have indicated an interest in purchasing the old truck when the City 11-06-89 . . . . \ . ~c . . - 16 - receives its new truck; and staff is reviewing the various options for disposal to determine which would be most advantageous. (6) He indicated that he has given the Commissioners copies of the White Paper regarding the U.S. Highway policy, as prepared by the State. He then suggested that the Commission send a letter to Montana's delegation and the Sen- ate committee of which Senator Baucus is a member, expressing the City's concerns on the proposed allocation of funds in the rural states. (7) The City has made approximately a dozen water taps in the North 17th Avenue area in the past few weeks; and it appears there may be one or two more coming. (8) The City began garbage collection in the New Hyalite View Subdivision this morning, picking up garbage from 66 residences in just un- der two hours. (9) He reminded the Commissioners of the State's Centennial. which is Wed- nesday, noting that employees in City Hall will be dressing in appropriate attire. (9) Commissioner Hawks stated that in a recent conversation with Mrs. Wendy Bay Lewis, she suggested the Commission may wish to appoint a citizen committee to draft a sister cities pol icy for Commission consideration. Mayor Stiff stated he has also been in contact with Mrs. Lewis; and he will discuss the issue with her further in the next couple weeks. Commissioner Vant Hull stated she does not feel it is necessary to have a citizen committee draft a proposed policy, indicating that could serve to complicate the issue. Commissioner Martel suggested a Commission-appointed committee might be proper and in order. (10) Commissioner Hawks noted the City has trimmed trees in two of the parks during the past summer. He then asked if the City has qualified tree trimmers or an arborist on staff or if one was hired. The City Manager indicated that some of the City staff have received training; and one of the summer employees had worked for a tree trimming company. (11 ) Commissioner Hawks stated he will be attending the Century Two session in Helena on Thursday, noting that Mr. Mike Mansfield and Mr. Lester Thoreau will be a part of that session. He indicated that topics of discussion include where Montana will go in the next hundred years, since Thursday is the first day of the State's second hundred years. (12) Commissioner Hawks suggested that the Commission send a letter concerning the Billboard Control Act of 1989 to the State's federal delegation and appropriate com- mittee. The City Manager stated concurrence. He observed that the City Commission has become involved in sending letters to the State legislators during their sessions; however, they have not taken an active role in contacting the federal legislators on specific issues. The Commissioners briefly discussed this suggestion, concurring that letters should be sen t. 11-06-89 . .1 ...., .. " .. - . , - 17 - . (13 ) Commissioner Goehrung stated he has received directional signs for the Beall Park Arts Center. He noted these are standard Highway Department issue signs; and they will be placed at strategic locations around the community to help tourists find the faci I ity . Recess - 4:25 p.m. Mayor Stiff declared a recess at 4:25 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Conditional Use Permit - David and Kelly Russell - allow construction of a 50-foot b 60-foot structure for a drlllin business on Lot 13, Bomont Center Subdivision (southeast corner of t e intersection of Bon and old This was the time and place set for the public hearing on the Conditional Use Per- mit requested by David and Kelly Russell to allow construction of a 50-foot by 60-foot structure for operation of a drilling business on Lot 13, Bomont Center Subdivision. The subject site is more commonly located at the southeast corner of the intersection of Bond Street and Gold Avenue. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the staff report. He noted the subject application would allow the construction of a building to house a mineral exploration drilling business at the corner of Bond Street and Gold Avenue. He stated the property is located within the M-1-T-4, Commercial--Light Manufacturing with a Transitional Overlay, zoning district; therefore, a conditional use permit is required even though this use is listed as a per- mitted use in the M-1 zone. The Planner stated that this application was reviewed based on the six criteria for conditional use permits and found that it generally complies. He stated the application was then reviewed based on the three criteria for this specific transitional district. He noted the subject property is surrounded by the M-1- T-4 zone; therefore, no buffering is required; the sign is in general compliance with the concerns for this zone, since it will not be moving or distracting to motorists; and the facility will be tied onto City water and sewer services. Planner Skelton stated that the Zoning Commission considered this application as a consent item at their regular meeting of October 24. He then indicated that following their public hearing, the Zoning Commission recommended approval subject to seven conditions, 11-06-89 .01 ._ ... ." ~.. - . , - 18 - . which he briefly reviewed. Mr. Dave Russell, applicant, stated he has no objection to the conditions as recom- mended by the Zoning Commission; and he plans to build the structure in compliance with all codes and requirements. No one was present to speak in support of or in opposition to the requested Condi- tional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission waive the customary one week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Conditional Use Permit requested by David and Kelly Russell to allow construction of a 50-foot by 60-foot structure for operation of a drilling business on Lot 13, Bomont Center Subdivision, subject to thefol lowing conditions: 1. That the conflicts with the Bozeman Zone Code identified in the Staff Report, regarding landscape in the sight triangle, walkways between parking lots and structures, and landscape irrigation system, be adequately addressed on the site plan, and that it be reviewed and approved by the Planning Director prior to Final Site Plan approval; 2. That the application comply with current City standards for driveway approaches, including a sidewalk through the driveway approach, and that it be noted on the site plan prior to Final Site Plan approval; 3. That the site plan identify maximum building height and building ma- terials prior to Final Site Plan approval; 4. That three copies of the Final Site Plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 5. If all improvements are not installed prior to Final Site Plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of se- curity shall be made a part of that Agreement; 6. I f occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; 7. All on-site improvements shall be completed within eighteen months of approval of the Final Site Plan. The conditional use permit shall be valid only for a period of eighteen months following approval of the Final Site Plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a re- port made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently gran- ted. 11-06-89 - . .- ~ 11... ~,. ,". . . - 19 - . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. the erection of off- remise I imits and This was the time and place set for the public hearing on the proposed interim zon- ing ordinance, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTAT- ED, ESTABLISHING AN INTERIM ZONING ORDINANCE PROHIBITING THE ERECTION OF OFF-PREMISE SIGNS AND THE CONVERSION OF PORTABLE SIGNS TO PERMANENT SIGNS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PE- RIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDI- NANCE. Mayor Stiff opened the publiC hearing. City Manager Wysocki briefly reviewed the ordinance, as proposed by staff. He reminded the Commission that they appointed a twelve member ad hoc committee to develop a comprehensive sign ordinance. That committee has worked for fourteen months on their task; and they have developed a draft ordinance for legal review. He then noted that BRW, Inc., the consulting firm which has been retained to draft the revised master plan and zoning documents for the City, has also prepared a draft sign ordinance for City con- sideration. He stated that the firm has now been directed to insert the ad hoc committee's comments and local concerns into t!1eBRW format, submitting it back to the City for inclu- sion in the new zone code. The City Manager reminded the Commission that these processes have not yet been complete; and staff feels it is in the City's best interests to adopt an interim zoning code to avoid a possible last-minute rush.. to get signs which would not conform with the proposed sign code into place prior to adoption of that code. Mr. Mike Cok, attorney representing Myhre Advertising Company, stated opposition to the proposed interim sign ordinance, particularly as it applies to off-premise signs. He noted that the draft documents prepared by both the ad hoc sign committee and BRW, Inc., do include the provision that off-premise signs will be terminated; however, he feels that is too broad and to do it now would be too broad. Mr. Cok then stated he does not believe that off-premise signs are the problem, noting that North 7th Avenue does not have any off-premise billboards; however, it does have a signage problem. He suggested that prohibiting off-premise signs could be detrimental to the business community. 11-06-89 . .- ""'Ii. ~".. -' . . - 20 - . Mr. Cok noted that Bozeman prides itself on being a tourist town and preserving those things which make it good, like the environment; however, those businesses which serve the tourists must be able to advertise. He then suggested that the blinking signs, and the different sizes and shapes should be addressed to correct the problems that cur- rently exist, rather than this proposed prohibition of billboards. Mr. Cok stated that Myhre Advertising is willing to work with the City staff to help develop standards for signs. He suggested there should be regulations on the material, location and size of the signs as well as landscaping around signs; but a ban on billboard signs would be improper. He then encouraged the Commission to not adopt this proposed interim zoning ordinance. Mr. Bill Todd, owner of Rainbow Signs, stated concurrence with Myhre Advertis- ing's position. He stated he feels the proposed ordinance is discriminatory; and he is opposed to its adoption. Mr. Leon Stevenson, owner of Stevenson's TV and Appliance, stated he has used one of the portable blinking signs for over a year; and he does not wish to give it up. He noted that he can change the sign daily if he wishes; and he has found it works quite well. He stated he is opposed to this proposed ordinance. Mr. Jim Stephens, owner of the Bobcat Lodge, stated he has a portable sign; and he has found it is the best form of advertising for his business, with the best return on his dollar. He stated that the portable signs should be presentable, suggesting that land- scaping could improve their appearance. He then indicated he is opposed to the proposed ordinance. Ms. Karen Lindell stated she is a consumer; and she does not find signs offensive. She stated appreciation for being able to drive around town and read the signs to see what businesses have to offer. She indicated that signs are a bonus, not only to the com- pany, but to the consumer as well. Mr. Wayne Arnold, owner of Best Porta Signs, stated that seventy to eighty people in town rent his portable signs. He noted that some of them rent signs for long periods of time ; and some rent for short periods of time. He indicated that those in business come to him for the signs; he does not promote them. He noted, therefore, this form of ad- vertising must be effective; and he does not feel it should be prohibited by the City. Mr. Arnold stated he has spent the past thirteen years establishing his business and clientele; and he is opposed to adoption of this proposed ordinance. Commissioner Vant Hull asked if proliferation of portable signs could reach a point of diminishing returns. She also asked if portable signs could distract motorists, creating a hazardous situation. Mr. Arnold responded that he has a small percentage of the portable signs in town, 11-06-89 "J ~-:~ ..~. . . - 21 - . with many of them being privately owned. He noted that he maintains his signs well and travels the community to ensure their appearance. He then indicated that he cannot re- spond to whether portable signs could cause a distraction to motorists, because they do not bother him. Commissioner Vant Hull asked if the ad hoc sign committee has a position on the proposed ordinance. Mrs. Marjorie Johnson, Chairman of the ad hoc committee to develop a comprehen- sive sign ordinance, stated that a majority of the committee have stated support for the proposed interim sign ordinance. She noted that the new sign ordinance is in process, but it is not yet ready; and she feels this interim ordinance is appropriate, and the City should utilize this option. Commissioner Martel asked about the total number of portable signs in town and how many have been converted to permanent signs. Planning Director Epple indicated he could not respond to the total number of por- table signs; however, ten of them have been converted to permanent signs in the past fourteen months. Mr. Wayne Arnold noted that he pays a $15 permit per month per sign being used; however, the cost is much lower if the sign is permanently installed. He then stated those signs installed on a permanent basis do not necessarily look good. In response to a comment from Commissioner Vant Hull, Mr. Arnold indicated that this proposed ordinance does impact him, even if it is only temporary, because he would like to sell his business and cannot do so until the sign code issue is resolved. Commissioner Martel asked if the business is a franchise. Mr. Arnold stated that he purchased the business from another individual; and he has constructed most of the signs being used in his business at this time. Mr. Mike Cok stated he is opposed to adoption of this temporary ordinance, which addresses two particular categories of signs, because it detracts from the complete public hearing process on the entire sign code document. He stated he feels it would be more appropriate to follow the normal process and allow for a full-blown public hearing before adopting a comprehensive document. Mr. Riney Bennett stated support for adoption of this ordinance. He stated he feels portable signs are ugly and distracting; and they do not need to be made permanent. Mr. Dale Miller stated he is a business owner in town as well as a purchaser of goods. He then indicated that he does not feel he needs to be convinced by signs, whether temporary or permanent, that he needs to buy something. He stated that a sign ordinance, which notes Bozeman's quality of environment, is needed. He then stated sup- port for this temporary ordinance as well as for long-term planning that controls the size, 11-06-89 -~- -- ."..."~ - ~.. - . . - 22 - ~ shape and location of signs in Bozeman. City Manager Wysocki reminded the Commission that the ordinance under consid- eration prohibits the construction of off-premise signs and the conversion of portable signs to permanent signs for a period of six months. He then stated that adoption of this ordi- nance would allow the City to proceed with adoption of a permanent sign code while avoid- ing the possibility of last-minute sign installations which would not meet the new code's requirements. He reminded the Commission that this ordinance does not affect any signs currently in place. Mayor Stiff closed the public hearing. Commissioner Hawks stated that he understands the issues raised by those opposed to adoption of this ordinance; however, he feels the City should be allowed to implement community standards for signage in the best manner possible. He noted I therefore, that he will support adoption of the ordinance. Commissioner Martel asked the City Attorney if the provisions contained in this interim ordinance are to be included in either of the draft sign ordinances. City Attorney Becker responded that there is wording in both draft ordinances that wi" have an effect on both off-premise signs and portable signs. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Ordinance No. 1293, establishing an interim zoning ordinance prohib- iting the erection of off-premise signs and the conversion of portable signs to permanent signs for a period of six months. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Adjournment - 7:38 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 11-06-89