Loading...
HomeMy WebLinkAbout2003-10-13 Minutes, City Commission ., MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 13, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 13, 2003, at 4:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, . City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin 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 - Januarv 1S. 2000. and June 10. July 14. Auaust 11. September 2 and October 6.2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11, September 2 and October 6, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Business Women's Week" - October 20-24. 2003 Commission Resolution No. 3633 - authorize Citv Manager to sian - Chanae Order No. 5 for Wastewater Treatment Plant Modifications - Williams Plumbing and Heatina.lnc.. Bozeman. Montana - add $78.467.40 and 57 calendar days COMMISSION RESOLUTION NO. 3633 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Commission Resolution No. 36~4 - authorize City Manager to sign - Change Order Nos. 1 and 2 for librarv site remediation oroiect - Envirocon. Inc.. Missoula. Montana - add $23.652.19 and 4 calendar days COMMISSION RESOLUTION NO. 3634 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH ENVIROCON, INC., MISSOULA, MONTANA. Authorize writina off of outstandina miscellaneous accounts receiyable totaling $1.281.03. oer memo from Controller Brian LaMeres dated October S. 2003 Authorize writing off of outstanding water accounts receivable totaling $1.511.22. oer memo from Controller Brian LaMeres dated October 8. 2003 Authorize City Manager to sian - Professional Services Aareement with HDR Engineering. Inc.. Missoula. Montana - assist in develooment of aoolication for Phase II Stormwater Permit 10-13-03 - 2 - .. Ratify City Manager's sianature - Aareement between City of Bozeman and Comma-Q Architecture. Inc.. Bozeman. Montana. for architectural assessment of the Historic T.B. Story Mansion. carriaoe house and arounds. 811 South Willson Ayenue Acknowledae receiot of oetition for creation of soecial imoroyement Iiahtina district for Baxter Meadows. Phase I: refer to staff Award bid - Bozeman water suoOly-Sourdough byoass oroiect - Williams Plumbing and Heatina. Inc.. Bozeman. Montana - in the bid amount of $638.630.00 Authorize exoenditure of $2.738.60 as oartial reimbursement for costs billed by the State of Montana Deoartment of Environmental Quality for the Bozeman Solvent Site for the oeriod Aoril 1. 2003 throuah June 30. 2003 Buildina Insoection Division reoort for Seotember 2003 Claims It was moved by Commissioner Youngman. seconded by Commissioner Hietala, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Continued discussion re Commission Resolution No. 3631 - exoressina suooort for national forest management that orotects and maintains wilderness aualities of the Gallatin National Forest Included in the Commissioners' packets was an e-mail from Alex Phillips, Montana Wilderness Association, dated October 7, requesting that this item be continued to the November 24 meeting. Also included in the packet was an e-mail from Bob Stevenson, President of the Big Sky Country Trail Preservers, dated September 25. Mayor Kirchhoff noted that the discussion was continued to this meeting and asked that it be continued to November 24 per the applicant's request. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that this item be continued to November 24, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Discussion - Interlocal Aareement between the City of Belgrade. City of Bozeman and Gallatin County for feasibility studY re urban transoortation district Included in the Commissioners' packets was a copy of the Interlocal Agreement between the City of Belgrade, City of Bozeman and Gallatin County for the creation of a public transit stakeholder's advisory board to examine the feasibility of establishing an urban transportation district. Staff Attorney Susan Wordal stated that she was asked to draft the interlocal agreement, and the draft was modeled after the 9-1-1 interlocal agreement. She indicated that the agreement was then subject to a committee process, with two County Commissioners, County Grants Administrator Larry Watson, Commissioner Brown, Assistant City Manager Ron Brey and task force chair Brian Close sitting down to discuss and revise the document. The agreement now before the Commission reflects the results of that process. The Staff Attorney noted that under this agreement, the City will assume responsibility for expenditure of the monies and the accounting. She indicated that she had not heard any objections to the agreement now before the Commission, and expressed a willingness to respond to questions. 10-13-03 . - 3 - . . Mr. Brian Close, 406 East Olive Street, stated that he attended last week's Belgrade City Council meeting, at which the interlocal agreement was approved, and will attend the County Commission meeting tomorrow when they consider the document. He encouraged Commission approval of the agreement and asked that the City begin advertising as quickly as possible, since he would like to see the board appointed and functioning prior to the holidays. He indicated that, in addition to the voting members, there are to be non-voting ex officio members representing significant players in the community, such as the Bozeman Area Chamber of Commerce and the airport. He concluded by encouraging Commission approval of this agreement. Commissioner Brown expressed his support for approval ofthis agreement, noting that these follow- up studies are needed to help present information on transit to the public. Responding to questions from Commissioner Hietala, Mr. Close indicated that including the City of Belgrade is consistent with the Commission's decision in March. He noted that the City of Bozeman and Gallatin County will fund the study, but it is important to include Belgrade and Four Corners in the study as the process moves forward. He indicated that if the urban transportation district is created, taxpayers in the entire district will pay into that district. Further responding to Commissioner Hietala, Mr. Close stated that this new board will be responsible for determining the boundaries of an urban transportation district. He stressed that the final agreement on an urban transportation district will be subject to a second vote, at which time the structure of the governing board can be established. He noted that Bozeman will have a significant number of ex officio members on the stakeholders board, and he does not view the structure of the board as an issue at this time. He then stressed that this board will terminate at the end of two years or with the seating of an urban transportation district board. Commissioner Cetraro indicated that he cannot support this interlocal agreement at this time. Responding to Mayor Kirchhoff, Mr. Close stated he hopes to have enough work done on an urban transportation district by March 1 to proceed with seeking funding through Congress. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize the Mayor to sign the Interlocal Agreement between the City of Belgrade, City of Bozeman and Gallatin County for the creation of a public transit stakeholder's advisory board to examine the feasibility of establishing an urban transportation district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Mary Higgs, 4050 West Babcock Street, dated September 28, requesting enforcement of the leash law. (2) Letter from Mary Higgs, 4050 West Babcock Street, dated September 29, forwarding pictures of the multi-family development occurring across the street. (3) Letter from Jason Humberger, 312 North 21 st Avenue, dated October 6, voicing opposition to the installation of speed tables on that street. (4) October 10 update of the listing of planning projects to be considered at upcoming Commission meetings. (5) Meeting notes from the October 2 meeting of the Bozeman Area Bicycle Advisory Board. (6) Copy of the newspaper notice about the fall clean-up at Sunset Hills Cemetery, beginning on October 16. 10-13-03 -4- , \ (7) Agenda for the School District NO.7 Board meeting to be held at 7:00 p.m. tonight at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 14, at the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 14, at the Professional Building (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 14, at the Professional Building. (11 ) Agenda for the Open Lands Board meeting to be held at 6:00 p.m. on Tuesday, October 14, at the Courthouse. (12) City Manager Johnson submitted the following. (1) Stated that the City sent the letter to the Montana Department of Transportation on Friday, encouraging a reduction in speeds Qn Huffine Lane. He indicated that someone from staff will attend the Transportation Commission meeting next month. (2) Announced that he will attend the State Land Board meeting next Monday night at 6:00 p.m., at which a decision on sale of the Bozeman Armory to the City of Bozeman is scheduled. (13) Planning Director Andy Epple announced that staff is working on revisions to the ridgeline provisions and lighting standards in the unified development ordinance. He indicated his intent to distribute copies of the new ridgeline provisions to the Commission at this evening's meeting, for review and comment prior to bringing back the final ordinance. (14) Planning Director Epple indicated that staff is looking at the issue of establishing an annexation district, which has been enabled by the Legislature and allows for annexation without full City services as agreed upon by the City and the property owner. He noted that if the City determines it cannot accommodate a development, the County will allow development probably in a manner similar to the Elk Grove Subdivision, with private water and sewer systems. He indicated that this provision can be in effect for up to ten years, and has potential implications on the Bozeman 2020 Community Plan and the interlocal cooperative efforts. Responding to Commissioner Hietala, Planning Director Epple indicated that this annexation method is allowed under Section 7-2-4625, Montana Code Annotated. (15) Responding to Commissioner Brown, Planning Director Epple stated the planning consultant for the County held two nights of design charrettes as one of the first steps in redrafting the Bozeman area plan and zoning regulations for what is essentially Bozeman's former planning jurisdictional area. He indicated that the information gathered from those meetings will be used to draw a preferred land use map for the jurisdiction, and noted that those who participated generally favored clustering density development close to Bozeman in a pattern similar to what the City has envisioned. He reported the goal of the sessions was to accommodate 15,000 additional population in the planning area, but not inside city limits. (16) Commissioner Youngman reported that she was interviewed about the housing policy last week for an article in a regional publication. (17) Commissioner Brown proposed that the City serious,ly consider hiring of an outside consultant to re-examine the costs of providing water, sewer, streets and fire services to determine if the City's impact fees are accurate. He noted that when impact fees were implemented, it was with the understanding that the costs would be re-evaluated every three years, but that evaluation has been delayed because of the court case. City Attorney Luwe noted that the figures on which the impact fees are based are probably low, which means the property owners are benefitting. He then suggested that hiring a consultant at this time may not be fiscally prudent, in light of the potential that the fees could be ruled invalid. He indicated that he will visit with outside counsel on this issue to determine if a review of the costs could negatively impact the court case and report back to the Commission. 10-13-03 . - 5 - , . Break - 4:35 to 4:42 p.m. Mayor Kirchhoff declared a break from 4:35 to 4:42 p.m. to rearrange for work session. Work session with Bozeman Area Bicycle Advisory Board In addition to the Commissioners, the following were present for the work session. City staff - Sara Folger Bozeman Area Bicycle Advisory Board members - David Baumbauer, Jon Henderson, Tiffany Lach and Jim Nallick Chair David Baumbauer reviewed the projects in which the Board has been involved, which include providing system connections, taking a more active role on the Transportation Coordinating Committee and CTEP steering committee, and getting bike racks reinstalled on Main Street. He noted that the Board has also become involved with the Western Transportation Institute, using a summer intern to look at the connectivity issues and errors in the bike route networks identified in the Bozeman 2020 Community Plan and the Greater Bozeman Area Transportation Plan, 2001 Update. The Board has also looked at the existing routes from an engineering standpoint, considering the level of traffic, lane widths, shoulders and striping, and identified the routes that are currently being used in an effort to develop a system that is more friendly to bicyclists. He then indicated that the Montana Department of Transportation has reinstated the striping along Kagy Boulevard, so the cycling public once again has a lane in which to travel. Mr. Baumbauer noted that the Gallatin Valley Bike Club has created a new advocacy group, with one of their efforts being education. Mr. Baumbauer thanked the Commission for considering the Board's comments on the Walton Homestead project, noting it is important to provide the same amenities on each side of a roadway. He asked that the Board be given an opportunity to review the final plans prior to approval of the project. Mr. Jon Henderson noted that he has been on the Board for approximately five months and has used his GIS programming to develop a map that shows the bicycle facilities identified in the Bozeman 2020 Community Plan and the Greater Bozeman Area Transportation Plan, 2001 Update and overlays the proposed transit routes. The result of considering this map at several public meetings was a map that includes existing, planned and proposed bicycle lanes, signed routes and shared paths. He indicated that this map can be used by the City's Planning and Engineering staffs as future projects are considered, noting that Mr. Nallick was crucial in this process. Mr. Jim Nallick noted that he is a civil engineer and, while he is not a traffic engineer, some of those elements have rubbed off on him since he works for the Montana Department of Transportation. He stated that he has studied AASHTO standards and federal highway recommendations on how to develop a network that connects where people live, work and play and how to identify a desired line that makes sense. He then noted that the current plans lack connectivity and continuity, and stressed the importance of a system that maintains essentially the same type of facilities rather than switching between bike lanes, shared paths and residential streets. Mayor Kirchhoff noted that in the mid 1990s, South 8th Avenue was designated as having a bicycle lane; and the Commission approved that proposal. However, when staff began removing parking signs, the neighbors went ballistic about the loss of on-street parking and the bike lanes were not installed. Mr. Jon Henderson noted it is important to identify a bicycle network that is realistic and does not push people in a specific direction. Mr. David Baumbauer indicated there are three types of facilities for moving bicycles: (1) bike route, which requires no modification to the roadway but requires installation of signage; (2) bike lanes, which are generally 3 to 5 feet wide and are striped and signed; and (3) shared use paths, which are usually 10 feet wide and shared with roller bladers, pedestrians and people pushing strollers. He stated that one of the City's CTEP projects is for signing seven bicycle routes in the community, and noted that the Board 10-13-03 , -6- , , proposes directional signs highlighting the various destinations that can be reached from the core of the community. Mr. Baumbauer highlighted the Board's mission for 2004, which includes some type of coordinated bicycle facility. He also indicated that eighteen projects were identified in the WTI study for creating a bicycle friendly environment. He stressed that lane width is a key component in making a bike friendly street, and identifying medians that can create problems for bicyclists is also important. He noted that the Montana Department of Transportation has been very cooperative, and has indicated a willingness to consider re-engineering of the median at the intersection of Kagy Boulevard/South Willson Avenue/South 3rd Avenue prior to resurfacing of that Kagy Boulevard. Mr. Jim Nallick noted that signed routes, striped lanes and separated paths are the three primary options for bicycle travel. He stated that signed routes are often located in the heart of town and serve several different functions. He noted that identifying quiet streets that allow basic bicyclists to get across town in a reasonably direct manner is important in a successful bicycle network. He stated that striped lanes on arterials and collectors provide commuter routes for those bicyclists who are interested in directness and speed. The separated paths, on the other hand, are the slowest route and perceived as the safest, with a high rate of recreational use. Responding to questions from Commissioner Youngman, Mr. Saumbauer indicated that the $50,000 budgeted for bicycle facilities this year will probably be used as a match for CTEP funding and for implementing recommendations from the Western Transportation Institute study. Grants Administrator Sara Folger noted that the City's CTEP projects have been languishing for the past few years, and she hopes to get them moving. She noted that the application for CTEP funding for bicycle routes was submitted in 2000 and approved in 2001, but the work has not been started. She stated that it seems most prudent to do the bicycle system in the downtown core and surrounding residential area first, with other areas to follow. She noted that. because some projects have been approved and then dropped, the program has $111,000 in unallocated funds; and the City has recently received its 2003 allocation of $126,000. She indicated that a number of previously approved projects need to have additional funding; however, she noted that the bicycle routes meet the mission of the CTEP program to provide non- motorized transportation in Bozeman, and the CTEP Bureau has enthusiastically endorsed amending the project to add monies. She concluded by stressing the need for public education and involvement and holding outreach meetings. Mr. David Baumbauer noted that a good bicycle plan needs planning, engineering, education and enforcement. He recognized that problem cyclists create negative stereotypes for the cycling public; and he is glad to see the police reports include citations for riding the wrong way on a one-way street, no lights, and DUI. He aCknowledged that more efforts need to be geared toward education and enforcement, noting the Board has been pre-occupied with engineering issues. Ms. Tiffany Lach noted she is excited to initiate educational efforts. Mayor Kirchhoff recognized that the Board has identified an ambitious program for the upcoming year. He concluded this agenda item by thanking the members for attending and participating in the discussion. . Recess - 5:32 o.m. Mayor Kirchhoff recessed the meeting at 5:32 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Work session - Claims and budaet review - 6:00 o.m. Commissioners in attendance included Commissioner Hietala, Commissioner Youngman and Commissioner Cetraro. Administrative Services Director Miral Gamradt noted that the budget process needs to start within next couple months; and he recognizes that the timing is difficult since a new Commission is just being 10-13-03 . - 7 - ; seated as goal setting and the budgeting process are underway. He distributed a proposed agenda for upcoming 6:00 p.m. sessions, extending from now through mid-December and asked if it meets the needs of the Commissioners as they enter into the new budget cycle. Commissioner Hietala indicated his support for the proposed agenda, noting that the newly elected Commissioners should be included, beginning with the November 10 session. Administrative Services Director Gamradt indicated it is his hope that the Commission and staff agree on a budgeting process that will result in agreement on and acceptance of the final budget. Commissioner Cetraro thanked the Administrative Services Director for providing background information on budgeting and working to identify a process that is acceptable to both staff and the Commission. He suggested that the result may be to find efficiencies in operations and minimize impacts on the taxpayers. He indicated that the previous budgeting process has lacked goal setting and discussion of what was included in the budget, which has left him unable to decipher what was actually included in the budget. He also suggested that periodic updates from staff could be beneficial to the Commissioners in understanding how the goals are being met. Administrative Services Director Gamradt noted that when he came to Bozeman nineteen years ago, the budget was a computer-generated set of numbers with a one-page letter of transmittal. He subsequently gathered budget documents from those communities that had received awards for excellence in budget presentation and began to identify the best elements from each of those documents. incorporating them into a new format for Bozeman's budget. Since then, he has revamped the bUdget document two or three times, and is willing to consider once again revamping it to better meet the Commission's desires. The Administrative Services Director gave a powerpoint presentation in which he highlighted various pages from the budget documents for Cary, North Carolina; Corvallis, Oregon; Douglas County, Colorado; Fort Collins, Colorado; and Fort Worth, Texas. During his review of those documents, the Director stressed that when performance measures are included, it is important that the numbers be accurate or that the word "estimated" be included in the header. Administrative Services Director Gamradt noted that graphs can play an important part in providing information that words can't and indicated his intent to include more graphs in future budget documents. He also recognized that including organization charts can help people better understand the structure of government. He noted that statistical information about the community can be beneficial, but stressed it is important to include information for which reliable statistics are available year after year. Responding to Commissioner Cetraro, the Director stated he intends to do a survey of the Commissioners and use the results as the basis for the budget process and document for the upcoming fiscal year. He stressed the importance of ensuring that the Commission direction is based on consensus, since it is not possible to respond to the individual desires of each Commissioner. City Manager Johnson stated that one of the outcomes of this process is a process and a document that is satisfactory to the Commission. He noted that, without strong leadership in setting the process, most people are not happy with the results; and the various processes attempted by staff over the past few years have not been successful. Break - 6:53 to 7:00 o.m. Commissioner Cetraro declared a break from 6:53 p.m. to 7:00 p.m., in accordance with Commission policy. Reconvene - 7:00 o.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Continued oublic hearing - Commission Resolution No. 3621 - levving and assessina Business Imorovement District (BID) for Fiscal Year 2004 10-13-03 - 8 - . \ This was the time and place set for the continued public hearing on levying and assessing the Business Improvement District (BID) for Fiscal Year 2004, as established by Commission Resolution No. 3621, entitled: COMMISSION RESOLUTION NO. 3621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Mayor Kirchhoff reopened the continued public hearing. City Manager Johnson reminded the Commission that this public hearing was delayed because the resolution as initially prepared generated $50,000 in revenues, while the work plan and budget for this fiscal year were based on $60,000. The resolution has now been revised to set an assessment rate that will generated the $60,000 needed to fund the business improvement district program. No one from the public provided testimony in support of or in opposition to the assessment. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman. that Commission Resolution No. 3621, levying and assessing the Business Improvement District (BID) for Fiscal Year 2004, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - Certificate of Aoorooriateness to allow construction of a 574-sauare-foot addition to the existing fire station on Lots 10-19. Block F. Rouse's First Addition. with deviations from Section 18.32.050. Bozeman Municioal Code. to allow orooosed addition to encroach 14 feet into reauired 15-foot setback and from Section 18.50.080. to allow orooosed addition to encroach into street vision trianale - City of Bozeman Fire Deoartment. 34 North Rouse Avenue (Z-03327) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by the City of Bozeman Fire Department under Application No. 2-03327, to allow the construction of a 574-square-foot addition to the existing fire station on Lots 10 through 19, Block F, Rouse's First Addition, with deviations from Section 18.32.050 of the Bozeman Municipal Code, to allow the proposed addition to encroach 14 feet into required 15-foot setback, and from Section 18.50.080, to allow the proposed addition to encroach into the street vision triangle. The subject property is located at 34 North Rouse Avenue. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She stated that under this application, a 12-foot~8-inch by 45-foot-4-inch addition is proposed along the north side of the main fire station. The addition is to encroach 14 feet into the required 15-foot corner side yard setback from East Mendenhall Street and is to encroach into the street vision triangle at the intersection of North Rouse Avenue and East Mendenhall Street. Contract Planner Windemaker stated that staff has reviewed this application in light of the applicable criteria and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings. noting that the fire station is a modern building with non-historic character; and it is located in a neighborhood with a mix of historic and non-historic structures. She stated the existing building encroaches into the corner side yard setback and into the street vision triangle; and the addition would encroach further into the corner side yard setback but would not encroach any further into the street vision triangle. Since the subject property is located at a signalized intersection, staff has forwarded a recommendation for approval, subject to four conditions. 10-13-03 ; - 9 - I Responding to Commissioner Cetraro, City Manager Johnson confirmed that the Building Inspection Division is to be moved to the Professional Building; however, the City Attorney's Office is to be moved into those offices so that all of the attorneys can be located together and the overcrowding in the back of City Hall alleviated. Assistant Director of Public Safety-Fire Operations/Emergency Medical Services Chuck Winn indicated a willingness to respond to questions. No one from the public spoke in opposition to the proposed addition. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by the City of Bozeman Fire Department under Application No. Z-03327, to allow the construction of a 574-square-foot addition to the existing fire station on Lots 10 through 19, Block F, Rouse's First Addition, with deviations from Section 18.32.050 of the Bozeman Municipal Code, to allow the proposed addition to encroach 14 feet into required 15-foot setback, and from Section 18.50.080, to allow the proposed addition to encroach into the street vision triangle, subject to the following conditions: 1. A minimum of one single-stem large canopy tree shall be planted and maintained in the sodded area at the corner of North Rouse Avenue and East Mendenhall Street. This tree may be located within the street vision triangle but only within the area of the street vision triangle obscured by the existing structure or proposed addition. 2. Large canopy street trees shall be planted and maintained in the boulevard area along East Mendenhall Street, as allowed by utility line spacing. Trees shall not be located within the street vision triangles. 3. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public comment Mr. Jason Humberger, 312 North 21st Avenue, read his letter of opposition to the installation of speed humps, dated October 8, into the record. He noted that when ballots were mailed to each of the residents along North 20th, 21 st, 22nd and 23rd Avenues, they were accompanied by letters indicating that approval by 70 percent of the residents was required for installation of the speed humps and each street would be considered independently. On North 21 st Avenue, the results of the ballot revealed 44 percent approved while 56 percent were against the installation. As a result, the City notified residents that speed humps would not be installed. Subsequently, two residents on North 21 st put together a petition and, through what he views as strong arming and scare tactics, managed to obtain signatures from 72 percent of the residents. That petition was then submitted to the City and it was determined speed humps would be installed, but the residents were never informed of that change. He asked that the City delay installation of the speed humps and look once again at the original, impartial vote rather than the petition. 1 0-13-03 - 10- Responding to questions from Mayor Kirchhoff, Mr. Humberger stated there are 25 properties along North 21 st Avenue. The initial balloting revealed 11 residents in favor of the installation of speed humps; and the petition contained the signatures of 13 property owners. Commissioner Youngman noted that a series of meetings were held over several years, and in each of those meetings, there was strong support from the residents for some type of traffic calming; and they recognized the importance of area-wide traffic calming rather than simply moving the problems from one street to another. She then indicated that she supports another neighborhood meeting at this time, possibly of just those residents along North 21 st Avenue, to discuss this issue. Responding to Mayor Kirchhoff, Neighborhood Coordinator Tracy Oulman indicated a willingness to organize a meeting of the residents along North 21 st Avenue. Mayor Kirchhoff stressed that the meeting must be well attended to ensure that the result truly reflects the general view of the residents and not just a few. Mr. Jason Humberger asked for an answer on the status of the installation of speed humps, noting he has heard three different opinions on the last couple of days. Director of Public Service Debbie Arkell stated that speed tables have been installed on North 23rd Avenue and North 22nd Avenue, and the street crews are currently installing the speed tables on North 20th Avenue. She indicated that, since the batch plants will be shutting down soon, she anticipates the speed tables will not be installed on North 21 st Avenue until next year; the Commissioners indicated agreement with that schedule. Adiournment ~ 7:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. (^~ U-I ....1: "". ,.. /,~,/'" ,.A-~ ' ,'e{ STEVEN R. KIRCPlHOFF, Mayot I ATTEST: ~./ ~~ R IN L. SULLIVAN Clerk of the Commission 1 0-13-03