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HomeMy WebLinkAbout04-26-93 City Commission Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 26, 1993 The Commission of the City of Bozeman met in regular session in the Commission Room, i Municipal Building, April 26, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Swanson deferred action on the minutes of the regular meeting of April 19, 1993, for a period of one week. Ordinance No. 1363 - vacating and abandoning north/south alley in Block One, Springbrook Addition (parallel to North 7th and North 8th, running between the east/west alley and West Mendenhall Street) City Manager Wysocki presented Ordinance No. 1363, as approved by the City Attorney, entitled: ORDINANCE NO. 1363 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY IN BLOCK ONE OF THE SPRINGBROOK ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of April 12, and recommended that it be finally adopted at this `ime. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1363, vacating and abandoning north/south alley in Block One, Springbrook Addition. The motion carried by the following Aye and No vote: those voting 04-26-93 - 2 - Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Ordinance No. 1364 - adding new Chapter 2.88 to Bozeman Municipal Code, Providing for the creation of and appointment of the Bozeman Tree Advisory Board (BTAB), and establishing the duties and responsibilities thereof City Manager Wysocki presented Ordinance No. 1364, as prepared by the City Attorney, entitled: ORDINANCE NO. 1364 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.88: PROVIDING FOR THE CREATION AND MEMBERSHIP OF THE BOZEMAN TREE ADVISORY BOARD (BTAB) AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of April 12, and recommended that it be finally adopted at this time. Commissioner Vincent asked if the Bozeman Tree Advisory Board is to be strictly an advisory board, with final decisions to be made by the Commission. City Attorney Luwe assured the Commission that the Bozeman Tree Advisory Board is to be an advisory board,with no authority for making final decisions. Further responding to questions, he indicated that the Board may address trees on private property if they constitute a nuisance or a hazard to human life or property. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1364, establishing the Bozeman Tree Advisory Board (BTAB). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1365 - adding new Chapter 12.30 to Bozeman Municipal Code, for the protection, regulation, maintenance, removal and planting of trees and other vegetative matter in the Public streets, boulevards, alleys, parks and other public places; licensing tree service businesses; establishing the City Forester; and prescribing penalties for violations of its provisions City Manager Wysocki presented Ordinance No. 1365, as prepared by the City Attorney, entitled: 04-26-93 3 ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.30 FOR THE PROTECTION, REGULATION, MAINTENANCE, REMOVAL AND PLANTING OF TREES AND OTHER VEGETATIVE MATTER IN THE PUBLIC STREETS, BOULEVARDS,ALLEYS, PARKS AND OTHER PUBLIC PLACES;LICENSING TREE SERVICE BUSINESSES; ESTABLISHING THE CITY FORESTER; AND PRESCRIBING PENALTIES The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting held on April 12. He noted that a new copy of the ordinance was included in their packets, with shaded areas and bolded sections. He explained that pages containing further revisions were distributed to the Commission just prior to the meeting. He stated that these revisions are the result of input from the Commissioners during the April 12 meeting and subsequent discussions with individual Commissioners. He then recommended that the Commission finally adopt the revised ordinance at this time. Commissioner Vincent asked several questions about the provisions of the ordinance. He noted that Section 12.30.040.13. allows for the establishment of a fee for planting of a tree in the a^ public right-of-way. He noted that at last week's meeting, some concern was raised that this could serve as a disincentive for people to plant trees; and he still wants to see that avoided if at all possible. He asked for a review of the procedure that will be followed to obtain a permit for planting a tree in the public right-of-way. Park Superintendent John McNeil stated that when a permit is requested, staff will check sewer, water and power lines to ensure that the tree does not interfere with any of them. He stated that staff will also visit the site to ensure that the tree is to be located in an appropriate place, and not within the sight triangle or too close to other trees. He stated that the master tree plan will list the species of trees which are desired. He noted that after those issues have been covered and staff is comfortable that the requested permit is appropriate, a permit will be issued for the tree. He indicated that staff wishes to maintain a process which is relatively easy for everyone. Commissioner Vincent stated that he has seen where people have planted a new tree close to an older dying tree that is about to be removed, and asked if that practice would be allowed under this ordinance as written. He also asked if that is good forestry practice. 04-26-93 - 4 - Superintendent McNeil responded that the spacing of trees, as provided for in this ordinance, is typically for those areas where no trees currently exist, to ensure that trees are appropriately spaced. He then stated that in the older parts of town, staff will be flexible on the location of trees. He noted that, while some people will plant a new tree close to an old one, the practice is questionable because the older tree can tend to shade the newer tree and not allow it to grow as quickly as it would otherwise. Commissioner Vincent turned his attention to Section 12.30.050.C., asking if the "hazardous condition" applies to the public. Superintendent McNeil responded that it refers to people or property. He stated that trees on private property which are deemed a hazard would be subject to the provisions of this section. The City Manager stated that if a tree is diseased or has been infested by insects, it could also be addressed under this section of the code. He noted that if the tree's condition represents a potential for further infestation in the area, it may require removal. Commissioner Vincent noted that the ordinance provides for appeals to the City Commission, asking if the Commission really wants to become involved in this type of issue. City Attorney Luwe responded that the appeal is for trees on private property only. He stated that this provision for appeal ensures that the property owner has a course of action to take after the City Forester has made his decision. Responding to additional questions from Commissioner Vincent, Superintendent McNeil stated that the master plan for tree planting is to include a cost sharing program. He stated that under this program, the City will provide a tree from its nursery or set aside a specific amount toward the purchase of a tree of a certain size. He noted that if the property owner upon whose property the right-of-way abuts wishes to install a larger tree, he can then pay the difference and get a larger tree for the site. He stated that this cost sharing program will hopefully result in encouraging the planting of trees in the public right-of-way. Responding to Commissioner Frost, the City Attorney indicated that this ordinance will aecome effective in thirty days. He stated that within the next few weeks, staff will come back with a resolution for the setting of fees, as provided in this ordinance. Responding to Mayor Swanson, Park Superintendent McNeil stated that many people believe that anything inside the curb is theirs, due in large part to the fact that in past years, the 04-26-93 _ 5 _ Commission encouraged people to take responsibility for that area. He noted that many people view the boulevard trees as their personal trees and have grown attached to them. Responding to Mayor Swanson, Superintendent McNeil stated that there are some inappropriate trees planted in the boulevard, as"noted in Dick Pohl's tree inventory. He noted that these include evergreens and cottonwoods. He further noted that the number of green ash was considered excessive; and some trees were planted too close together. Mayor Swanson asked if the master plan is to be undertaken by the Bozeman Tree Advisory Board, and how long it is anticipated to take. The Superintendent responded that a two-year timeframe has been set for completion of the master street tree plan. He stated that an in-depth inventory must be completed as a part of the master plan; and that work can begin immediately. He noted that Dr. Pohl's was a very general inventory; and the in-depth inventory will include the number of trees in a given block, the number of possible planting sites and what type of species would be appropriate. Further responding to the Mayor,the Superintendent stated that the initial master plan will be for street trees only. He stated, however, that his department has been striving toward a tree "" ,master plan for the parks and the cemetery for quite some time; and when that is complete, it will be combined with the street tree master plan to create a comprehensive plan. City Manager Wysocki expressed concern that Section 12.30.040.C.2. provides that branches extending over the street will be cut to a minimum clearance of 14 feet, which may be too high for some species. He suggested that it may be appropriate to come back with an amendment to this section in the near future, rather than deferring enactment of the ordinance at this time. Park Superintendent McNeil stated this section also provides that the City Forester may waiver the provisions of the section, as long as it doesn't interfere with public safety. He explained that the Arboricultural Specifications Manual will provide information on how different trees are to be trimmed. He suggested that, because of these safeguards, there is no need to change the ordinance. Responding to Commissioner Vincent, Superintendent McNeil stated that the 14-foot height is a general figure that crews work with when trimming trees. He stated that the crews work to maintain the symmetry in an area when they are trimming; and not all of the trees are trimmed to exactly 14 feet. 04-26-93 - 6 - Commissioner Vincent stated support for this ordinance, stating he feels it will lead to more appropriate trimming of trees. He stated that those items he is concerned about involve trees on private property; and there is an appeal procedure through which a property owner may approach a disagreement with the City Forester's decision. He then characterized this as progressive legislation, thanking those who spent many hours in preparing it. Commissioner Frost stated he feels that one of the most important provisions in this ordinance is the requirement for anyone who trims trees to be licensed, thus protecting a very valuable asset in the community. Responding to Mayor Swanson, Park Superintendent McNeil state there are approximately 7,000 trees in the community's public areas; and approximately 4,500 of them have been trimmed under recent tree trimming programs. Mayor Swanson forwarded his belief that tree maintenance is extremely important. He also indicated his support for adoption of this ordinance, as amended. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1365, as amended, adding Chapter 12.30 to Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Concept plan review - "Burke Park" planned unit development -Thomas, Dean & Hoskins, Inc., for Edmund D. Burke - two „single-family homesites, access road and approximately 40 acres of parkland (Z-9336) City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from Planning Director Epple, dated April 22, along with copies of the minutes from the Development Review Committee, Design Review Board, and City-County Planning Board reviews. Planning Director Andy Epple presented the staff report. He stated that this concept plan is for a planned unit development on 42 acres of property generally located along the east side of South Church Avenue, the northerly portion of which is commonly known as Peets' Hill, and extending up along the Sourdough ridgeline; and lying adjacent to a portion of the Sourdough Ridge Trail system. He stated that the subject property is a part of the Electric Heights Subdivision. He noted that under this planned unit development,two one-acre single-family homesites are proposed for the southeast corner of the 42-acre tract; and the remainder of the property is to be designated 04-26-93 - 7 - for park development. He reminded the Commission that the Sourdough Ridge Trail is a top priority of the Parks, Open Space and Trails Committee. Planning Director Epple stated that dedicated right-of-way for Kenyon Drive extends northward from its current terminus, ending at a point approximately 200 feet east of the subject site. He noted that the applicant proposes to extend Kenyon Drive, at county road standards, to the end of the right-of-way, then construct a private drive along the dedicated public parkland-- actually, the trail--which borders the area in which he desires the two homesites. The Planning Director stated that copies of the applicant's submittal and the staff report had previously been submitted to the Commission. He noted that in the staff report, staff has pointed out several concerns about accessibility and other issues which they feel need to be addressed. The Planning Director stated that, following their reviews of this application, the Design Review Board, the Development Review Committee and the City-County Planning Board indicated their support for the concept plan, subject to the applicant addressing several specific areas of concern. He noted that the documentation provided to the Commission forwards those items. He :. 'then asked the Commission to forward its comments on this plan, so they can also be used as guidance for the applicant as he prepares his formal application for consideration. Responding to Mayor Swanson, the Planning Director stated that the Planning Board did reach a motion and vote in its deliberations on this concept plan. He acknowledged that, while a motion and vote is not absolutely required by the zone code, he feels it would be helpful for articulating ideas to the applicant. Mayor Swanson explained that the Commission has not voted on concept plans in the past; and stated he would prefer that the Commission continue with that format and simply forward Commissioner comments. Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer representing the F Burke family, stated that many of the comments and issues raised at the Planning Board meeting were very reasonable and are beneficial in allowing the applicant to understand what items must be addressed in developing the formal application. He stated that the applicants are interested in creating a project which is positive for both the City and themselves. He then briefly introduced several people present at the meeting who are also interested in seeing this project move forward. 04-26-93 - 8 - Ms. Maddy Pope, Vice President of the Gallatin Valley Land Trust Board, stated that many people use Peets' Hill. She read a letter from Ms. Ruth Hamilton, resident of Hillcrest, who was unable to be present at this meeting. She stated that Ms. Hamilton's apartment overlooks the Sourdough Ridge Trail; and she thoroughly enjoys watching the substantial number of people who use it on a daily basis, including walkers, joggers, bicyclers, runners and, in the wintertime, skiers. She noted the uniqueness of this trail within the city limits, and the advantages it provides for those who live here. Mr. Chris Boyd, Executive Director of the Gallatin Valley Land Trust, stated that he also uses the Peets' Hill/Sourdough Ridge Trail area. He noted that teachers from Willson School use this area to help teach their children about natural surroundings. Mr. Boyd noted that this is not the first effort to preserve the subject area; however, it is the one which has progressed the furthest. He attributed the success to date to the fact that the Gallatin Valley Land Trust is working in a partnership with the City. He stated that negotiations for acquisition of the Peets' Hill and Sourdough Ridge area began in September 1991 and are now nearing completion. He reviewed some of the various funding sources that have been identified. Mr. Boyd stated that retaining two homesites is not uncommon, particularly for a family that has held ownership for nearly half a century. He stated that in the 46 years that the Burkes have owned the subject property, Peets' Hill and the Ridge have been open to the public, making this the only park in the state to pay property taxes all these years. He informed the Commission that, in return for this contribution, the applicants are asking for deviations from the City's zone code on a temporary basis, so they may construct on the remainder homesites without City water or sewer services, and with access via a road which does not meet City standards. Mr. Chris Boyd stated that this concept plan is being tied to the sale of the parkland area, to ensure that the two homesites do not become undevelopable in the future because City standards cannot be met. He explained that the land is surrounded by steep hills, making access extremely difficult. He further noted that there is no dedicated roadway to the site. Mr. Boyd addressed the potential concern with the precedent that approval of the applicant's plan might create. He stated that not many developers are willing to put 95 percent of the property within a planned unit development into parkland, opting to keep only two acres for development. He characterized this as a unique and non-repeatable situation, providing an 04-26-93 - 9 - opportunity to acquire land which has been designated as high priority in the Parks, Open Space and Trails plan as well as the Master Plan update. Mr. Chris Boyd urged the Commission to be careful in making a decision on this concept plan, making sure that it develops concrete reasons for doing so. He noted that the Gallatin Valley Land Trust does not typically support a planned unit development, but he feels this is a unique and wonderful opportunity for the City and the community. Mr. Boyd reminded the Commission that the subject property is zoned R-4, which means that four-plexes could be constructed on this pristine hillside. He stated that this proposal represents the Trust's best efforts after two and one-half years, and further represents substantial movement from original positions taken by both the Burke family and the Gallatin Valley Land Trust. Mr. Dave Crawford reviewed some of the concerns raised during the reviews before the Development Review Committee, the Design Review Board, and the Planning Board. He noted that the conditions which have been forwarded in conjunction with approval from those bodies include the development of a mutually acceptable road maintenance agreement, specifically referring to plowing of snow and other maintenance issues. He highlighted some of the other conditions which have been established, noting that all of them are acceptable in concept to the applicant and will be addressed in the formal application for the planned unit development. Mr. Crawford stated that the applicant proposes to provide access to the site via a road built to County gravel road standards. He also proposed that a private septic tank system and well be allowed, even though the property lies within city limits, since municipal water and sewer services are not readily available. Mr. Crawford stated that the Design Review Board has indicated that any homes built on the homesites should be low profile and should be set back from the ridgeline; and the applicants have already agreed to those stipulations. Mr. Dave McAlpin, staff representative from Senator Baucus' office, stated support for the project, encouraging the Commission to give favorable consideration to it. Ms. Lee Hanson, teacher at the Willson School, emphasized the importance of Peets' Hill as an area where she can take her students to learn about the natural environment. She also encouraged support of this application. Mr. Chris Boyd asked for specific feedback from the Commissioners, so the applicants can move forward with a formal application. 04-26-93 - 10 - Responding to Mayor Swanson, Planning Director Epple stated that the timing for extension of water and sewer services to this site will depend on the length of time it takes to develop the area between current development and this site. He estimated that, given the higher costs of developing along the ridge, it may take only three or four years or it could take fifteen or twenty years to get those lines extended. Mayor Swanson asked if a hold harmless agreement, in conjunction with a home sprinkler system, would actually protect the City, particularly if its fire truck could not access the homesites. He then asked if this type of agreement would be legal and enforceable. City Attorney Luwe responded that hold harmless agreements are generally enforceable; however, he indicated a need to research the issue prior to responding for these circumstances. Further responding to Mayor Swanson, the City Attorney reminded the Commission that the planned unit development option was included in the zone code to provide for flexibility throughout the process. He stated that someone without as much parkland could get similar benefits by providing some other type of contribution to the community. Planning Director Epple reminded the Commission of the importance of considering the uniqueness of the proposal when consideration an application under the planned unit development section of the code. He further reminded the Commission of the need to clearly articulate why this proposal, which includes substantial parkland and two homesites, will benefit the overall community and be in the community's best interests. Commissioner Frost added that the Kenyon Drive right-of-way is over 150 feet east of the eastern border of the two proposed homesites, with access to be across dedicated parkland. He asked what the anticipated access to those homesites will be once the surrounding land is developed. Mr. Dave Crawford stated he was initially concerned about using parkland for access to the proposed homesites; however, he stated that the City Attorney has suggested, through the appropriate process, it would be possible to use this dedicated parkland in dual purpose as an access to both the private property and the park area. Commissioner Frost stated that he does not want parkland to become a permanent driveway that is also used to gain access to a private home. He stated that, depending upon the amount of traffic which uses this access, it could make recreational use of the trail extremely difficult and dangerous. 04-26-93 - 11 - City Manager Wysocki suggested the possibility of a condition requiring the Burkes to obtain a permanent access easement when the area to the east is developed, thus eliminating the temporary access through the dedicated parkland. Planning Director Epple cautioned the Commission that at the present time, a portion of the land which abuts the subject site lies outside city limits, and is wholly surrounded by the city. He then concurred that when that general area is developed, it would likely be possible to provide an access from the east that would terminate at the corner where the two homesites join. He noted that this access could easily work into the transportation network for that entire part of the community, possibly even providing access to the park. Mr. Crawford cautioned that if access is gained from the east, the street or driveway will cross the park. Commissioner Frost responded that he has no trouble with vehicles crossing it; however, he is concerned that the parkland might become a permanent driveway. Responding to Commissioner Stiff, Mr. Crawford stated that the issues of height and setbacks from the ridgeline were issues which have already been discussed. He noted, however, that since the Design Review Board specifically raised those issues, they will be specifically addressed in the planned unit development application. Commissioner Stiff noted that the issues raised at the Development Review Committee are much more technical in nature. He asked if the applicants propose to utilize City services when they are made available. Mr. Crawford responded that the applicants are seeking a deviation to the City's zone code, to allow the use of a well and a septic tank system within city limits. He indicated that the applicants would be willing to connect to City services once those services are extended to their property. At Commissioner Knapp's request, the Planning Director pointed out the city limit lines. _.—,,He noted that the end of the dedicated Kenyon Drive right-of-way is at the city limits. He stated that if a cul-de-sac were installed, it would actually lie on county land. Further responding to questions from Commissioner Knapp, the Planning Director stated that the parkland which the applicant proposes to use for access from Kenyon Drive to the proposed homesites also extends east to Highland Boulevard. He stated that this dedicated parkland is for a trail system that is not open to motorized vehicles. 04-26-93 - 12 - Commissioner Knapp indicated that she has many concerns, most of which have already been mentioned. She noted that one of her concerns pertains to City liability, to which the Mayor had previously referred. She then expressed concern about access and a maintenance agreement for the roads. She stated that it could be difficult to get a fire truck or ambulance to the homesites if someone were in distress; and that same concern can be applied to the attendant parkland as well. She suggested that a plan should be in place so that everyone knows how an evacuation would occur, not only from this subject area, but from other City facilities, such as the linear trail. At the Mayor's request, City Manager Wysocki reviewed how the City would obtain ownership of the parkland which is proposed in this planned unit development. He stated that, through the sale of lands in the Sourdough Creek watershed, the Forest Service is to pay $150,000 to acquire a specified amount of land; and those monies will be receipted into the Water Fund, which owns the property. He reminded the Commission that the parks are funded through the City's General Fund, which means that the General Fund must borrow the monies to contribute toward acquisition of the parkland, possibly from the Water Fund; and then repay that money over the next few years. He cautioned that the ones that contribute to the Water Fund are not the same group that contributes to the General Fund; and the Water Fund cannot acquire parkland in its portfolio of assets. Commissioner Frost stated that duringthe Planning Board meeting, repeated reference was made to the Burkes having an emotional attachment to the land, and their wanting to keep two parcels; and several times, questions were raised about why they want these requested deviations and access approved immediately. He noted that comments were made that if these requested deviations are approved, the land will become very valuable, while the Planning Director has provided an estimated timeframe of 3 to 20 years for development to occur in the remainder if this immediate area. He suggested that the Commission establish a five-year moratorium on the Burkes selling this property. He explained that if they want to build on the parcels in the near future, that is acceptable; however, he doesn't believe that a third party should have the ability to do so. He stated he is more concerned about the waste water septic system than the consulting engineer is, noting that he would much prefer to see City services provided to the site before construction occurs. Commissioner Stiff stated he feels that most of his concerns have been covered by the Development Review Committee and the Design Review Board. He acknowledged that, because 04-26-93 - 13 - many of these items are technical and complicated, he feels it is important that they be referred to the professionals for resolution. Commissioner Vincent stated he wants time to think about Commissioner Frost's suggestion of a moratorium on sale of the two homesites. He then stated concurrence with Commissioner Stiff's comments. He noted support for the basic underlying premise of this project, noting that the opportunity for City acquisition of this area has come around twice now; and he does not expect it to come around again. Commissioner Knapp stated the City must try to add this park space to its inventory. She noted, however, that it is imperative to add conditions which will protect the City and its residents. She indicated that she appreciates the desire of the landowners to retain two homesites on the property, and feels that the following issues must be addressed: (1) access and maintenance agreements must be provided for the road to the subject lots; (2) fire protection, including documents which absolve the City of any liability; and (3) zoning waivers will be cancelled when the homesites are sold or transferred out of the seller's family or when there is adjacent development. She further noted that the applicants must also execute waivers of right to protest the creation of special improvement districts for the installation of streets and City services; and those waivers are to be activated no more than 25 years from final approval of the planned unit development. Mayor Swanson stated support for Commissioner Knapp's proposal; however, he suggested that the timeframe should be shortened to 10 years instead of her proposed 25 years. He indicated his preference for connecting the subject parcels to City services and providing the appropriate access initially, rather than going through the additional time and expense of installing private services which must later be abandoned for City services. He added an interest in seeing this property serviced by City sewer as soon as possible. He stated that he agrees with many of the other statements which have been forwarded during this review process. Responding to Commissioner Stiff, City Attorney Luwe stated that, depending on how the issues raised are handled, some of them may surface in a title transfer of the property. Commissioner Stiff commented that he believes it would be in the best interests of the City to have as much of this information as possible accompany a title transfer. The City Attorney responded that staff will address these items during review of the formal application. 04-26-93 - 14 - Break - 5:02 to 5:07 a.m. Mayor Swanson declared a break from 5:02 p.m. to 5:07 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued public hearing - Conditional Use Permit - Gallatin Valley Seed Company, Inc. - allow 'nodification and expansion of existing non-conforming office and warehouse complex in R-4 zone- Lots 11-20, Block D, Rouse'sSecond Addition (201 South Wallace Avenue) (Z-9315) This was the time and place set for the continued public hearing on a Conditional Use permit to allow the modification and expansion of an existing non-conforming office and warehouse complex in an R-4, Residential--High-density,zone on Lots 11 through 20, Block D, Rouse's Second Addition, as requested by Gallatin Valley Seed Company, Inc. under Application No. Z-9315. The subject site is more commonly known as 201 South Wallace Avenue. Mayor Swanson reopened the continued public hearing. Associate Planner Debbie Arkell stated that, included in the Commissioners' packets, was a memo she had prepared, dated April 23, in which she responded to several of the questions and issues that were raised during last week's public hearing. She highlighted the contents of that memo, noting first that staff has determined, under the code provisions, this is not an application to change from one non-conforming use to another, rather it is to expand an existing non- conforming use. She stated, therefore, the comments raised at last week's meeting are not pertinent to this issue. She next addressed the issue of parking, stating that staff has re-calculated the parking needed, based on usable gross floor area, and determined that a total of 70 parking spaces would be needed rather than the 59 parking spaces previously calculated, based on 85 percent of the gross floor area. She noted that adequate parking must be provided for each phase of development and, if it cannot be, the applicant may pursue joint use of parking under the code. She stated that if that does not provide adequate parking, then the building permit will not be issued. She reminded the Commission that Condition No. 1 would adequately address this issue. The Planner stated that concern has been raised that Building C would be converted to office space; however, under this application, only exterior improvements are to be made. She indicated that the applicant has requested several deviations to the landscaping requirements, parking requirements and to allow backing into the alley. She noted that if these are not approved, the applicant must meet code requirements. She informed the Commission that when an alley is to be used to access a parking area, the City has a policy that the alley must be paved. 04-26-93 - 15 - Associate Planner Arkell stated considerable discussion has revolved around the exact location of the property lines. She stated that Engineering Aide Andy Kerr located the survey pins on the east property; and the lot measures 301 feet long, as opposed to the 310 feet shown on the site plan. She explained that this will eliminate the proposed new entrance on East Olive Street -,, and and will eliminate five feet of the lot on the south side, thus reducing the amount of on-site landscaping. She noted, however, that there is ample room to plant a hedge to screen the parking lot on the East Curtiss Street side. Planner Arkell stated that landscaping must be reviewed and addressed. She noted that if the requested deviations are not approved, then the landscaping for the site must be adjusted to meet code requirements. She added that the applicant has indicated he does not intend to add any more lighting for this project, unless it is required. She stated that, in the event he decides to install additional lighting, conditions have been proposed which would ensure that the new lighting be reviewed and approved by staff prior to installation. The Planner stated that detention/retention areas were also discussed. She noted that the City Engineer must approve the plans for drainage before a parking area may be constructed. She indicated that traffic was a primary issue in last week's public hearing; and that issue has also been extensively addressed in the staff report. Planner Arkell noted that concern was raised about the fact that only one-half block of East Curtiss Street is to be paved as a result of approval of this application. She stated that if the Commission wishes, it may determine that to adequately mitigate the impacts from additional traffic generated at this site, paving of the entire block of East Curtiss Street between South Wallace Avenue and South Church Avenue is needed. The Associate Planner went on to say that considerable discussion has also revolved around the historic significance of this structure as well as the preservation of its historic features. She stated that a discrepancy of opinions abound in this area, as evidenced by the materials and testimony that have been received. She noted that the Design Review Board has reviewed the application, and forwarded its recommendation for approval, subject to four conditions. She added that the reviewing body included John DeHaas, who is active in historic preservation issues and has been a member of the Governor's Council on Historic Preservation. She noted that any inappropriate renovation to the structure may cause its removal from the National Register of 04=26-93 - 16 - Historic Places; and that would also eliminate any possibility for tax credits that are currently available. Mr. Lowell Springer, architect and one of the applicants, stated that Mr. Gary Tschache and Mr. Dick Harte, the other applicants, are also present at this meeting. He stated that the staff presentation represented a comprehensive review of the applicant, characterizing it as an "excellent job". He addressed several issues which the Planner did not. He stated that when preparing the site plan for this project, they were unable to find the survey pins, so they followed the same procedure that they follow in other areas of the community when trying to establish the property lines. He noted that, in this instance, an inaccuracy resulted; and he is willing to accept staff findings. Mr. Springer reminded the Commission that this building is an individual listing on the National Register of Historic Places, not because of its architectural character or architectural uniqueness, but because of its association with the pea industry and agriculture. He stated that he has great respect for the structure and its historic value. He explained that, because of that respect, the only real changes he has made are to increase the size of the windows; and that was done to protect its structural integrity. He noted that, after reading the letter from Mr. Herb Dawson, Deputy State Historic Preservation Officer, to Jennifer Mitchell, dated April 20, he contacted Mr. Dawson. He further noted that, after their conversation, Mr. Dawson wrote him a letter, dated today; and distributed copies of that letter to the Commission. He highlighted the letter, noting it contains some pretty significant statements. Mr. Springer showed the Commission several slides of the structure, inside and out, many of which were taken this past week. He stated that it has several major cracks in the masonry, some of which are so large that he can slide his fingers into them. He stated that, to address those cracks which extended down from the old windows, some of the wall below the window was removed and a much larger window installed. He noted that these windows are framed with timbers bolted together to form a 14-inch-thick timber. He stated that this process creates a much stronger section of wall than the masonry wall did. Mr. Springer showed several slides depicting the unique use of timbers on the inside of the structure. He stated that these lend to the beauty of the building; and he feels that they should be enhanced during the renovation of the offices. 04-26-93 - 17 - Mr. Springer continued by showing slides of the exteriors of the other two buildings on the site. He stated that these buildings will be renovated and repaired as much as possible; however, he noted that in some instances, the disrepair is so substantial that it may be necessary to replace some of the wall coverings and large doors. He forwarded his commitment to do - everything possible to retain this site's listing on the National Register of Historic Places, stating he does not want to jeopardize its historic significance. Mr. Springer stated that most of the people from the neighborhood who have come to talk to him have approached the project in some state of opposition, but changed their minds after reviewing the site and the plan to a state of support, provided adequate conditions are attached to ensure that the residential neighborhood is protected. He stated that on Sunday, he held an open house and invited the entire neighborhood. He noted that during the open house, he had a sheet of paper which he asked people to sign if they were willing to let him state to the Commission that they were generally in agreement with the project, provided adequate conditions are attached. He stated that he specifically indicated that this did not mean that they support straight approval of the project, but that they would support approval with stringent requirements. He submitted to the Commission copies of that list of 21 signatures, indicating that two of the signatories indicated that they were more neutral than supportive, and noting that some of those who signed this sheet had signed the petition of opposition, which was previously submitted to the Commission. Mr. Springer stated his interest in appearing before the Commission at some time in the near future, hopefully as a part of the neighborhood, to seek City support for addressing regional issues, such as parking for people accessing Peets' Hill and the Farmers' Market. Mr. Springer informed the Commission that at last week's meeting, someone forwarded calculations for 211 parking spaces. He stated his support for staff's calculations, noting that they are based on the proper square footages and types of use proposed. He then stated he feels that .,,._-,,the off-street parking requirements can be adequately addressed during renovation of the structure. Mr. Gary Gullickson, 404 South Church Avenue, raised concern with the impact this proposal may have on the area. He stated that he signed the original petition that was circulated to ensure that the questions and concerns of the residents were adequately and appropriately addressed. He noted that the area has laid in degradation for many years; and renovation of sites 04-26-93 - 18 - such as this will increase property values. He recognized that the project will result in increased traffic in the area; however, he noted that most of it will be 8 a.m. to 5 p.m. type traffic. Mr. Gullickson stated he has confidence in the City's review process and believes that this project can be monitored closely enough to ensure that an appropriate end result is attained. He noted that some people consider past history, which would indicate that monitoring may not happen; however, recent actions by the City staff reveal that the process is changing dramatically. He stated that this project will provide some affordable office space, of which there is a very limited supply at the present time. He went on to say that he feels this project could be a positive step, possibly encouraging others in the area to follow suit. Mr. Dick Harte, applicant, explained that the existing warehouse space could be re-used without any type of review; and that could dramatically increase the amount of semi-truck traffic in the area. He stated that if this project is done right, it will dramatically improve the site and will attract people. He further noted that it will enhance property values in the immediate area. Mr. Dennis Semprini, 25 South Wallace Avenue, stated that he attended the open house on Sunday and reviewed the plans extensively. He noted that this project is good for the area, noting that residents in the east end of the community have become disheartened by the sprawl on the west end. He stated that, while he doesn't look forward to increasing the property values for selfish reasons, he feels it is a good project that will benefit the entire area. He noted that residential zoning abuts commercial and industrial zoning in this area; and he feels that upgrading of commercial and industrial properties will dramatically benefit the residential properties as well. Mr. Semprini stated that, hopefully, East Curtiss Street can be paved from South Wallace Avenue to South Church Avenue instead of leaving a half block unpaved. He then encouraged Commission approval of this application, with the appropriate conditions attached. Mr. Gary Tschache, 433 South Black Avenue, applicant, stated he feels this is a quality project, similar to those with which he has been involved in the past. He stated that they are flexible and want to create a project that is acceptable to everyone. He noted surprise at the number of people who appeared at last week's hearing in opposition to this project, suggesting that if people would communicate, an acceptable project would result. He also encouraged Commission approval of this application. Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, reviewed her background in historic preservation. She noted that protecting the historic significance is an item which the 04-26-93 - 19 - applicant must address, particularly if he wishes to avail himself of the federal tax credits which can be obtained for historic structures. Mrs. Mitchell stated that she forwarded a series of photographs and a copy of the plans for this project to the State Historic Preservation Office for review and a determination as to whether it met the guidelines for historic appropriateness; and a copy of the letter to her, which was forwarded to the Commission, is that office's response. She stated that the letter which Mr. Springer just submitted is in response to a phone call which he made after seeing the letter sent to her. She reviewed some of the language in the letter to Mr. Springer that he had not highlighted. Mrs. Mitchell stated that she has never indicated that she doesn't want this applicant to do anything with the building, she just wants to make sure that it fits the neighborhood and doesn't create any parking, safety, traffic or drainage problems. She stated there is substantial documentation that proves when the applicant moved into the building, the brick structure did not have any offices in it before, which is why she feels this represents a change from one non- conforming use to another non-conforming use. She stated that concern this has caused parking problems and safety hazards. Mrs. Jennifer Mitchell added that City staff has analyzed the project based on inaccurate plans and dimensions, which has resulted in an inaccurate parking plan and dimensions. She stated that with the lot being nine feet shorter than shown on the site plan, it will possibly eliminate two more parking spaces, reducing the available parking even further. She then stated that paving the alley will not solve anything; and she feels that leaving one-half block of East Curtiss Street unpaved should not be considered. Mrs. Mitchell also encouraged the Commission to require that the applicant meet the zone code requirements. She noted that this neighborhood is very condensed, and care should be taken to protect the residential area from the impacts of truck traffic. She stated her interest in seeing the quality of life in that area maintained, and encouraged the Commission to consider the problems that could be incurred if the code requirements are not met. Mr. Ernie Neckermann, 115 South Church Avenue, stated he does feel that this proposal would result in improving the site, which is extremely important. He stated, however, that he feels the issue of traffic should be addressed. He acknowledged that the traffic issue is not one that is limited to this application; rather it is one that needs to be addressed by the City. He noted that 04-26-93 - 20 - he drove taxi for thirteen years with no problem; however, he would not drive one in Bozeman because of its terrible traffic problems. Mr. Bill Mitchell, 122 South Church Avenue, stated he has no problem with the application as long as all of the zone code requirements are met. He noted that a number of neighborhood concerns have been voiced; and if those are addressed, including traffic concerns, he feels that it might be an appropriate enhancement of the site. He questioned what will happen if a more intense use locates to this structure, such as an aerobics class, which generates a lot of traffic. He asked that conditions be attached to any approval of this application which would help to address those concerns, i.e., types of uses allowed and the hours of operation. Mr. Jeff Ball, new owner of the old Help Center at 323 South Wallace Avenue, stated he is not opposed to the project; however, he feels that the volume of use in the building and the volume of traffic around the building should be carefully addressed. He noted that, while he doesn't know how much this particular development of the property can be tied to the larger issues in the area, he feels that the City must address the traffic problems on East Curtiss Street as it exists, particularly since the entrance to Bogert Park is at the end of the street. He further noted that with Peets' Hill and the Gallagator Park so close to that area, in addition to Bogert Park, the traffic and parking impacts are substantial. City Manager Wysocki entered into the record a letter from the Southwest Montana Building Industry Association, dated April 26, signed by its President, Dan Kamp. Responding to Mayor Swanson, Mr. Springer reiterated that he specifically told those who signed the sheet, which he had submitted to the Commission, that he would portray their position as basically in favor of the project, provided they meet the conditions set by the City. Mr. Lowell Springer stated that several times during the public testimony, the Commission has heard there was no office space in this complex. He noted, however, that there are still offices there that are not being used at the present time. He then addressed the issue of paving the alley, which is 25 feet wide. He stated that with this being a wide alley, backing maneuvers from parking adjacent to the-alley can be accomplished because he can meet the 26-foot minimum requirements by utilizing 1 foot of his property. He noted the City's policy to require paving of an alley that leads to an off-street parking requirement, which results in the condition that the alley be paved. 04-26-93 - 21 - Mr. Springer concurred that traffic is a problem in the subject area, largely because of the semi trucks which service businesses there. He noted that some of this problem is created by the manner in which semi trucks park when making deliveries; and those practices will require modification after the curb, gutter, sidewalk and paved parking lot are installed. He continued by saying that the paved parking lot will be available on weekends for those who wish to utilize Peets' Hill or go to Farmers' Market. He reiterated his desire to work with the neighborhood in addressing the traffic impacts which are generated through the use of City facilities in the immediate area. Commissioner Vincent stated he does not view the list of signatures which the Commission just received from the applicant as a petition, since it has no wording at the top to indicate a position on an issue. He asked about those signatures which appear on both the petition received last week and this list, reflecting two totally different positions. Mr. Gary Gullickson responded that he signed the first petition because of his concerns about traffic in the area, and to ensure that the proper review be given to this application and consideration given to all issues. He stated that he signed the second list because he feels that the project has been thoroughly reviewed and that adequate conditions will be attached to ensure that it will be as compatible with the neighborhood as possible. He noted that when he signed the list on Sunday, Mr. Springer specifically indicated his intent to present it to the Commission with the statement that these signatures are from those who support the project with the conditions that the City has established through the review process. Responding to Mayor Swanson, City Attorney Luwe stated that the list of names has been submitted as evidence by Mr. Springer; and the Commission must determine that amount of weight and credibility it wishes to assign. Responding to Commissioner Stiff, Mr. Springer stated it is their intent to allow the neighborhood to use the paved parking lot that is to be installed, during non-business hours. He then stated that there are currently forty spaces on the site, although none of them are paved at the present time. Commissioner Vincent stated it appears that the neighbors are indicating that the existing semi-truck traffic is better than a 50-percent increase in the total overall traffic. Mr. Dick Harte responded that is a correct assessment. He then explained that Bozeman Trail is an existing tenant in this complex of buildings. He stated that if that business changes ownerships or becomes more aggressive in its program, it could result in dramatic expansion of the 04-26-93 - 22 - business, resulting in additional traffic impacts. He suggested that this is appropriately a concern of residents in that area. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission not waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson announced that the decision will be made at next week's meeting. Staff presentations re goals for Fiscal Year 1993-1994 (a) City-County Planning Director Epple (b) Director of Libraries Cottrell Due to the late hour of the meeting, these presentations were deferred to another time. Appointment to Audit Committee It was moved by Commissioner Stiff, to nominate Vern Voegele to the Audit Committee. The motion carried by the following Aye: those voting Aye being Commissioner Stiff, Commissioner Knapp and Mayor Swanson. It was moved by Commissioner Frost, to appoint Sue Becker to the Audit Committee. The motion failed by the following Aye: those voting Aye being Commissioner Frost and Commissioner Vincent. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission reappoint Vern Voegele to the Audit Committee, with a two-year term to expire on rebruary 28, 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 04-26-93 - 23 - Pled ed Securities as of March 31 1993 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Frost and Mayor Swanson have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The ..inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commisison approve the Pledged Securities as of March 31 , 1993, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1993 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with National Bank of Commerce Dupage Cnty, 111 S/D #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 West Jordan UT Wtr & Swr Rev Bd 7.25 07/01/1994 046776 200,000.00 El Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737 200,000.00 Pub Indl Corp Port of Camas 8.50 1 1/01/2002 046763 270,000.00 Sub-Total - First Security Bank - Bozeman $ 970,000.00 Pledging Amendment to Repurchase Agreement: Trusteed with National Bank of Commerce: Fed Home Loan Bank 7.50 06/27/1994 046739 $ 1,000,000.00 Fed Nat[ Mortgage Assn 8.45 07/15/1996 046742 250,000.00 Fed Home Loan Banks 5.50 05/27/1997 052984 500,000.00 Sub-Total - Repurchase Agreement $ 1 ,750,000.00 TOTAL - First Security Bank - Bozeman $ 2,720,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31 , 1993, by the banks of Bozeman and approve and accept the same. 04-26-93 - 24 - TIMOTHY SWANSON, Mayor JOE N. FROST, Commissioner BEVERLY H. KNAPP, Commissioner ALFRED M. STIFF, Commissioner JOHN C. VINCENT, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson;those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Clean Up Bozeman Day" - May 1 1993 Request for permission to conduct CNFR Parade -Tuesday,June 15 2:00 p.m. - established CNFR route beginning and ending at Fairgrounds - Gallatin Saddle and Harness Club Commission Resolution No. 2910 - intent to create SID No. 658 - engineering design, construction inspection and engineering certification of asphalt concrete street improvements; storm drainage; integral concrete curb and gutter,• concrete sidewalks;and all other necessary appurtenances- 1100-foot portion of West Babcock Street; set public hearing for May 3, 1993 COMMISSION RESOLUTION NO. 2910 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 658 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE STREET IMPROVEMENTS; STORM DRAINAGE; INTEGRAL CONCRETE CURB AND GUTTER; CONCRETE SIDEWALKS; AND ALL OTHER NECESSARY APPURTENANCES TO COMPLETE THE ASPHALT PAVING IMPROVEMENTS IN AN APPROXIMATE 1100-FOOT PORTION OF WEST BABCOCK STREET IN THE CITY OF BOZEMAN, MONTANA. Deviation from Section 18.16.050 to allow addition to front of existing residence to encroach 3 „feet into the required, 25-foot front yard setback -James and Liahna Armstrong 1424 South Third Avenue per DRB recommendation Z-9346 Deviation from Sections 18.18.050 and 18.50.060 to allow a bay window and covered front porch to encroach 9 feet into the required 25-foot front and setback - Steve Perkins 407 West Story Street; per DRB recommendation (Z-9344) 04-26-93 - 25 - Authorize City Manager to sign - Change Orders No. 1 and 2 - 1992 Sewer and Water renovations -Van Dyke Irrigation Systems -deduct $11 270.50 and add $13,144.93 Authorize Mayor to send letter of endorsement for Darla Joyner to serve on the Yellowstone Country board for 3-year term effective April 1993 Claims It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Recess - 6:27 p.m. Mayor Swanson declared a recess at 6:27 p.m., to reconvene at 7:45 p.m. for the purpose of conducting the scheduled work session and completing other routine business items. Reconvene - 7:45 p.m. Mayor Swanson reconvened the Commission at 7:45 p.m. for the purpose of conducting the scheduled work session and completing other routine business items. Work Session - Commission Resolution No. 2911 - adopting by reference the Bozeman Urban Transportation Plan 1997 Update, as prepared by Robert Peccia & Associates, with modifications as set forth in Exhibit "A" City Manager Wysocki presented Commission Resolution No. 2911 , as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2911 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE BOZEMAN URBAN TRANSPORTATION PLAN 1991 UPDATE, AS PREPARED BY ROBERT PECCIA & ASSOCIATES, WITH MODIFICATIONS AS SET FORTH 1N EXHIBIT "A", ATTACHED HERETO. The City Manager stated that, attached to the resolution is the exhibit which includes all revisions to be included in the final transportation plan document. Planning Director Epple indicated that he has prepared the exhibit to this resolution based on the resolution which was adopted by the City-County Planning Board. He noted that revisions to the Board's resolution have been identified by underlining the portions to be added and 04-26-93 - 26 - overstriking those portions which are to be deleted. He then reviewed those changes, one at a time; and many of them received additional Commission discussion. The Planning Director explained that language has been added under"Local Truck Routes" to suggest that signing specified streets as "local truck routes" be considered. He stated that this section is further amended by adding language which indicates that designation of South Willson Avenue for "no through truck traffic" will be implemented after improvements have been made to Highland Boulevard, including signalization at the intersection of East Main Street and Highland Boulevard. He stated that this language was proposed by Commissioner Knapp. Commissioner Stiff added that, because of the low level of truck traffic that was identified on South Willson Avenue in the vehicle counts, he feels this language is appropriate. He noted that, while it does reflect a contemplated action at some time in the future, it does not establish a requirement. Commissioner Frost stated support for including the new language;Commissioner Vincent, Commissioner Knapp and Mayor Swanson concurred. The Planning Director stated that Commissioner Knapp suggested the language in the ,middle of Page 3 be changed to read, "Kagy Boulevard and Bozeman Trail Road would direct a large volume of truck traffic through % the MSU campus and past established residential neighborhoods." The Commissioners concurred with the change. Planning Director Epple stated that the section on "Regional, through truck route alternatives" has also been amended, on Page 5, to identify the City-County Planning Board, working in conjunction with the Transportation Coordinating Committee, to develop a long-range strategic plan to remove trucks from Main Street. He explained that this is in response to a request from the Commission during work sessions on this plan. Responding to the Mayor, the Planning Director stated that, while he feels it might be appropriate for the Planning Office to make the initial contact with representatives of the City of Belgrade regarding the use of the Belgrade interchange as a possible truck route, after it has been improved, he feels that any discussions on that issue should be between the administrators or the elected officials of both communities. Planning Director Epple turned the Commission's attention to the list of TSM projects contained in the exhibit. He stated that the Planning Board had forwarded seven TSM's that surface as high priority, although no priority order has been established for these projects. He 04-26-93 - 27 - stated that the Commission has indicated its interest in seeing several more projects added to the list of priority projects; and they have been included in this resolution. Commissioner Knapp addressed TSM NW7, which pertains to permanent closure of North 20th Avenue, stating that her feeling about closure of any street is well known. She suggested that this particular TSM be tied to improvements to the intersection of West Main Street and West Babcock Street, which is No. 1 on the list of major improvements projects. She further suggested that the improvements to this intersection could dramatically impact traffic flows in the entire area; and she feels that those changes should be monitored before any decisions are made to close any street in the general area. Commissioner Frost stated that this proposal would mean that the temporary barrier on North 20th Avenue would remain in place even longer. He noted that the temporary barrier is having a very negative impact on North 21 st Avenue and North 22nd Avenue; and he feels it must be addressed as quickly as possible. He expressed his feeling about opening North 20th Avenue again, indicating that it would not be the answer, since it is the only street in that area that runs to Main Street. He stated that to install a permanent closure on the south side of West Beall Street would make all streets in that area equal, which should break up the traffic load on each of those residential streets. Commissioner Stiff stated he feels the Commission is honor bound to leave the temporary barrier in place, particularly since many of the residents along that street participated in the costs of its installation. Commissioner Vincent stated he can support Commissioner Knapp's proposal, as long as the temporary barrier remains in place. He noted concern that traffic has not moved to North 19th Avenue, which is the arterial street that was meant to move traffic, but has chosen to move to other residential streets instead. Mayor Swanson stated his interest in proceeding with NW7 as quickly as possible, and not tying it to any other project, noting that this should help to alleviate the negative impacts which are occurring on North 21 st Avenue and North 22nd Avenue. A majority of the Commissioners concurred that the language of TSM NW7 should remain as it is. City Manager Wysocki stated that in conjunction with TSM NW9, which provides for installation of a traffic signal at the intersection of North 7th Avenue and Griffin Drive, the Montana 04-26-93 - 28 - Department of Transportation is seriously considering the installation of a traffic signal on top of the interchange. Planning Director Epple reviewed that three new TSM's are included in the listing, on Page 6 of the exhibit. He stated that those are numbered SE25, SE27 and SE4; and the Commission has designated them as being of high priority. The Planning Director stated that Commissioner Knapp talked to him this morning about the fact that another TSM should have been added to include pertaining to pedestrian bulbs at the intersection of West Mendenhall Street and North Willson Avenue. Planning Director Epple stated that the Commission also made revisions to several of the recommended TSM improvements which were not listed as high priority. He stated that a new S6 has been added which provides for neighborhood traffic circles and a standard process for their installation. The Commissioners then reviewed the recommended changes, concurring with the changes to SW8 and SW14. The Planning Director reviewed the proposed change in wording for SW 16, which provides for consideration of an administrative closure of South 11 th Avenue. After he completed that review, the City Manager announced that he has been getting several telephone calls regarding this potential closure; and he has indicated to those individuals that the public hearing on the transportation plan was closed in early February. He reminded the Commissioners that before a closure may occur, a public hearing on the specific request must be held to meet statutory requirements. He further reminded the Commission that this street has collector street status. Commissioner Stiff stated that he was under the impression that possible closure of West Cleveland Street between South 8th Avenue and South 11th Avenue, as included in SW14, would occur only in the event that the administrative closure of South 11 th Avenue occurred. Following discussion, the Commission determined on a three to two split that the closure of West Cleveland Street between South 11 th Avenue and South 8th Avenue would be contingent upon the possible administrative closure of South 11th Avenue. The Commissioners concurred in the recommended changes to SW16. Commissioner Stiff stated he is not comfortable with the wording of SE3. He indicated that the City is considering the addition of off-street parking in the downtown area, at an estimated cost of a half million dollars. He further noted that this plan is being developed on the assumption that the population will essentially double over the next twenty years, which will require even more 04-26-93 - 29 - parking spaces in the downtown area. He expressed his extreme concern over the possibility of using the first new off-street parking spaces to replace approximately 104 parking spaces being removed from streets to accommodate bicycle lanes on Mendenhall Street and Babcock Street. Following discussion, the Commissioners agreed to change the wording of SE3 to read "Consider the elimination of parking and the establishment of parking lanes between 3rd and Rouse Avenues on the south side of Mendenhall Street and the north side of Babcock Street ....." The Planning Director stated that the language in SE4 allows for flexibility in installation of bulbs, depending on whether parking is removed from one side of the street; the Commission concurred in the language as submitted. The Commission concurred in the language changes in SE18. Mayor Swanson raised concern about the language in SE25. He once again suggested that bike lanes be considered. He noted that during its last discussion, the Commission may have overlooked the idea of striping one 5-foot-wide bike lane, stating that he feels one bike lane is infinitely better than no bike lane. He stated that conversations with members of the BABAB confirm his idea that the bike lane would be best installed on the east side of the street, particularly h..� because of the speeds which one can attain when traveling downhill. He stated that beginner and intermediate bike riders can often become uncomfortable with those high speeds; and a bike lane could provide the comfort level which they need for safe riding. He reiterated the importance of this bike lane, which connects to both Highland Boulevard and the downtown area. He reminded the Commission that when Highland Boulevard is improved, it is to also include a bike lane. Commissioner Knapp suggested that this would provide for a bike lane while meeting AASHTO standards, which she feels is important. Commissioner Frost stated support for this proposal. Commissioner Stiff stated he is concerned about providing just one bike lane. He noted, however, that he can support it if the remainder of the Commissioners do. Commissioner Vincent stated that he does not feel this proposal is a great idea; however, he does feel it is a "pretty good compromise". He noted that many bicycle riders do prefer to ride on neighborhood streets rather than on an arterial; however, he does understand the importance of providing a bike lane for those who do wish to use it. Planning Director Epple stated that Mayor Swanson's proposal makes sense from a staff viewpoint. 04-26-93 - 30 - Responding to Commissioner Vincent, the Planning Director stated that pedestrian bulbs were listed at only a few select intersections, to be installed on an experimental basis. He noted that if they prove to be beneficial at those intersections, then more intersections can be added to the program. Responding to Commissioner Stiff, the Planning Director stated that these proposed improvements along South Willson Avenue would be eligible for enhancement monies. Planning Director Epple stated that the County Commission is prepared to support the transportation plan update as forwarded by the City Commission, particularly as it pertains to city streets. He cautioned the SE26, which provides for no through truck traffic on South Church Avenue and Sourdough Road to Goldenstein Lane. He noted that this may cause some concern when it reaches the County Commission. The Commissioners indicated a willingness to consider what the County Commission may forward as a result of their review of this document. City Manager Wysocki stated he does not feel that the language to be placed on signs should be included in this transportation plan, rather, he feels that should be determined by City staff. The Commissioners concurred with the new TSM numbered SE27, which provides for a separated bicycle path and pedestrian walkway along the west side of Highland Boulevard, between Kagy Boulevard and Main Street. They also recognized that this project could be eligible for enhancement funding. Planning Director Epple reminded the Commission that the major improvement projects for Highland Boulevard include widening of the shoulders to accommodate bike traffic. He suggested that this TSM could be considered as an interim measure, to provide a safe place for bikes to travel until the major improvement project has been completed. The Planning Director stated that NW12, which provided for no truck traffic on Peach Street, has been eliminated; the Commission concurred. Planning Director Epple then turned his attention to the major network improvements, which have been prioritized in a listing from 1 to 19. He noted that, after Priority No. 4 or 5 he became somewhat confused about the prioritization. Mayor Swanson stated he is interested in only the top three to five projects, because he feels that is all that can realistically be considered in the near future. Following discussion, on a three to two split, the Commissioners decided to leave the listing as is. 04-26-93 - 31 - The Commissioners concurred that additional language should be added to this section which indicates that after improvements have been made to Highland Boulevard, consideration will be given to removing truck traffic from South Willson Avenue. The Commissioners also indicated support for the additional language which has been added at the end of the priority list of major improvement projects. Break - 9:20 to 9:25 a-m. Mayor Swanson declared a break from 9:20 p.m. to 9:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Work Session continued - Commission Resolution No. 2911 -adopting by reference the Bozeman Urban Transportation Plan 1991 U date as prepared by Robert Peccia & Associates with modifications as set forth in Exhibit "A" The Commission continued its review of the remaining additions to the transportation plan update. They concurred with the language in S5, which provides for signage on the interstate near the east interchange for westbound truck traffic. The Commission then spent time reviewing the proposed language in S6, which sets the program for pursuing a neighborhood traffic circle. Responding to Commissioner Vincent, City Attorney Luwe stated he must review the funding options that might be available, noting that a special improvement district might be a possibility. Commissioner Knapp stated that the process in Seattle includes a majority of the residents in a particular area petition for the installation of a neighborhood traffic circle. She stated that after the petition is received, a temporary traffic circle, which is comprised of some curved pieces of concrete and reflectors, is installed on a trial basis to determine if it is what the residents really want. She stated that if it is determined that a permanent circle is desirable,the residents can then be assessed for those costs, possibly through an SID. The Commissioners concurred that the language is appropriate as submitted. Planning Director Epple reviewed the changes proposed under the "miscellaneous" portion of the exhibit, characterizing them as correcting typographical errors and correcting some of the language. Commissioner Knapp suggested that a statement be included in the front of the document regarding mass transit, noting that this issue should be considered in greater depth than it has been 04-26-93 - 32 - to date. She noted that some of the things that have been discussed, i.e., parking problems and bike lanes, would be helped by mass transit. She stated it is important not to adopt the plan and then forget to review the various elements contained in it. Commissioner Vincent raised some issues which he feels should be considered in conjunction with this plan. He stated that he feels a strong statement of commitment is essential. He explained that on-going consideration of the contents of the plan is important. He noted that traffic enforcement in neighborhoods should be undertaken whenever possible; and neighborhood speed limits should also be considered in an effort to encourage people to utilize the arterial and collector street system. He recognized that these two items involve budgetary consideration, and indicating a willingness to do so. He indicated his interest in pursuing an alternative to one-way streets on Babcock Street and Mendenhall Street. Commissioner Knapp stated support for the idea of providing for traffic circles. She also stated that she feels the South 19th Avenue truck route will prove very valuable. Mayor Swanson noted that, while the idea of neighborhood speed limits has arisen several times, there is no specific language in the plan making reference to it. He then noted the enforcement in the neighborhood areas is an issue that should be carefully considered; however, he suggested that it may not be essential to further emphasize it in the document. Mayor Swanson stated that the chapter on public transit is extremely important; and he feels that the Commission should seriously consider providing some type of support for the transit systems which currently exist in the community to ensure their viability. The Planning Director suggested that language to that effect could be included in Chapter 4. He also suggested that a new TSM be added which identifies the development of a plan for mass transit in the community as an important project to be undertaken. The Commission concurred. Mayor Swanson suggested that another TSM be added pertaining to enforcement, including speed limits in residential areas. He suggested that identifying this issue in a TSM could result in a more holistic study of the issue. City Manager Wysocki suggested that the issue of mass transit be addressed in a new S7, and neighborhood enforcement could be addressed in SS. The Planning Director stated that the reduction of speed limits in neighborhoods could then be added as S9. 04-26-93 - 33 _ Commissioner Frost stated that SE14 pertains to the intersection of South Willson Avenue and West Babcock Street, which fourteen accidents have occurred in the past three years. He then stated that, rather than completing the work suggested under this TSM, which involves the expenditure of $133,000 and the removal of three to six mature trees, he feels the problems can be as effectively addressed by installing hanging signs next to the traffic signal to identify the left turn and straight ahead lanes. He noted that he does agree with the second portion of that TSM, which suggests that parking be restricted along the west side of the street. Commissioner Knapp noted that another problem which arises is the number of delivery trucks which park in the driving lane in the unit block of South Willson Avenue, making it extremely difficult to negotiate the intersection properly. She suggested that designation of a loading zone could help to alleviate some of those parking problems. Following a brief discussion, Mayor Swanson noted there is Commission support for revising this TSM. The City Manager recommended that the Commission adopt this resolution, with modifications to Exhibit "A", as set forth in the above discussion. Commissioner Vincent stated he will support adoption of the transportation plan, stating that he feels it will help improve traffic circulation significantly over the next twenty years. He noted that the Commission has made some significant improvements in the document this evening; however, he does not harbor any illusions about the document. Commissioner Vincent then quoted some comments which he has heard regarding traffic and transportation plans. He noted that improvements to the transportation network will result in a greater traffic load. He also noted that as the amount of traffic increases, there is a tendency for people to drive more aggressively and at higher speeds. He stated that care must be taken to remember that this is a dynamic document that must be reviewed on a regular basis. He further noted that people must not be lulled into thinking that the document will be implemented quickly r and that it will take care of all problems that might arise over the next twenty years. Commissioner Frost stated that this is a twenty year plan; however, he noted that this is his fourth year on the Commission and the first year for reviewing the transportation plan carefully. He suggested that this document should be carefully reviewed in the next three to five years, following the same process that has been utilized in the adoption of this document. 04-26-93 - 34 - City Manager Wysocki stated that the next important step is to set aside monies to fund the improvements which are included in this document. He then reminded the Commission that this document addresses the road system that lies within the city limits as it exists today, and does not really take into consideration that area lying immediately outside the city limits. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 2911, adopting by reference the Bozeman Urban Transportation Plan 1991 Update, as prepared by Robert Peccia & Associates, with modifications as set forth in Exhibit "A", as amended per this evening's discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion -use of monies from assessments receivable and notes receivable on properties located in original Valley Unit Subdivision City Manager Wysocki requested that discussion on this item be deferred due to the late hour of the meeting. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of the article entitled "Slow Death Beyond the 98th Meridian"from the May 1993 edition of the Outside magazine, as submitted by Mayor Swanson. (2) Copy of a letter from Neighborhood Coordinator/Grantsperson Goehrung to the Ruth and Vernon Taylor Foundation, dated April 21, regarding funding for development of landscaped buffer zones in the northeast sector of the community. (3) Letter from the Downtown Bozeman Association,dated April 19, forwarding their support for acquisition of Peets' Hill. (4) Copy of a letter to Empire Building Materials from Code Compliance Officer Beall, dated April 19, regarding illegal storage of building materials within the public right-of-way. (5) Letter to the Commission from the New Hyalite Subdivision Steering Committee, dated April 20, encouraging the Commission to budget for improvements to their park in the upcoming fiscal year's budget. 04-26-93 - 35 - (6) Memo from Associate Planner Skelton, dated April 22, listing the revised conditions for re-use of the old KBMN Building. (7) Copy of a memo from Director of Public Service Forbes to Administrative Services Director Gamradt, dated April 9, regarding garbage collection rates. (8) Minutes for the Highway Commission meeting held on March 5 in Helena. (9) Notice that the County Commission will not be conducting a public meeting on April 27, along with daily minutes for the week of April 12. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 27, at the Carnegie Building. 0 1 ) Notice that the Design Review Board will not meet this week due to the lack of agenda items. (12) Letter from Diane S. Cattrell, 320 North 21st Avenue, expressing concern over the temporary barrier on North 20th Avenue and the negative impacts it is having on the remainder of the area. (13) The City Manager submitted his weekly report, as follows. (1) Stated that staff is beginning to sift through the last-minute legislation to determine if any of it impacts the City. (2) Announced that City staff attended two different meetings in Helena on Friday, one pertaining to the Bozeman Solvent Site and one pertaining to solid waste monitoring. (3) Stated that staff is working diligently on the budget. (4) Announced that the third quarter budget review will be on next week's agenda. (5) Stated that staff is working on the patching of streets whenever possible, given recent weather conditions. (14) The City Manager noted that with the number of items on the agenda in recent weeks, it has not been possible to meet the schedule which had been set for staff presentations on goals for Fiscal Years 1992-1993 and 1993-1994. He suggested that the Commission set a work session for another day, instead of continuing to try to work them into regular Commission meetings. The Commission set a work session for Wednesday, May 5, from 3:30 p.m. to 5:30 p.m. (15) The City Manager distributed to the Commission copies of an information sheet on a possible policy to allow the simultaneous installation of public infrastructure and specific project improvements. He noted that the zone code presently requires that all public infrastructure improvements be installed prior to issuance of a building permit; however, due to the failure of 04-26-93 - 36 - SB426 to pass in the legislative session, the City is not able to sell SID bonds at the present time. He suggested that, to address the problems which are being encountered as a result, it may be necessary to consider this amendment. The City Manager stated that this change would accommodate one business which is in the process of constructing a new building and must relocate this fall; and would be available for other projects under a controlled set of circumstances. He then indicated his intent to pursue quick implementation of this change, which would involve the interim zoning ordinance process. He stated that this will be advertised in Sunday's newspaper, with a public hearing to be scheduled for public hearing on May 10. (16) Mayor Swanson stated that this morning, he welcomed 500 people who are attending the Montana Indian Education Association meeting in Bozeman this week. Adjournment - 10:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. TfMOTH SWANS ;Mayor ATTEST: (all a ROBIN L. SULLIVAN Clerk of the Commission 04-26-93