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HomeMy WebLinkAbout1992-05-26May 26, 1992 Page 18 -Line 21 -change "that officer's" to "the Chronicle's" .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA MAY 26, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 26, 1992, 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 Action on the minutes for the regular meeting of May 18, 1992 was deferred for one week. Decision -Conditional Use Permit for Planned Unit Development -Overbrook at Westridge -to allow construction of 34 condominium units on Lots 16 and 21 through 30, Block 9, Amended Plat of Figgins Addition This was the time and place set for the decision on the Conditional Use Permit for the Planned Unit Development to be known as Overbrook at Westridge, to allow construction of 34 condominium units on Lots 16 and 21 through 30, Block 9, Amended Plat of Figgins Addition, under Application No. Z-9230. City Manager Wysocki reminded the Commission that they had conducted their public hearing on this item at last week's meeting; and a copy of the draft minutes have been submitted for Commission review. He then noted that, included in the Commissioners' packets, were memos from Planning Director Epple and Associate Planner Wall regarding this item. Responding to Commissioner Frost, Associate Planner Wall confirmed that the SCS has approved the 310 Permit, with the condition that the 35-foot setback from the FEMA corridor be maintained. He noted that two of the units in the building located in the southwest corner of the site do encroach into that setback. Commissioner Frost noted that he has attended two ORB meetings, two Planning Board meetings and two Commission meetings at which this item was reviewed and subjected to public 05-26-92 -2 - testimony. He further noted that under the City's zoning ordinance, planned unit developments must comply with the intent of the master plan and the zoning ordinance, and are subject to conditions which will ensure compatibility with the surrounding area and uses. He stated that he feels this project is sensitive to the neighborhood; however, he feels that additional conditions would help to ensure its compatibility. He then forwarded the following proposals for additional conditions, noting that a number of them result in a reduction to the total number of units that would be constructed within this planned unit development. Commissioner Frost noted that with the elimination of the two dwelling units at the southwest corner of the site which encroach into the 35-foot setback, the total number is reduced from the requested 34 units to 32 units. He then proposed that a new condition be added, as follows: 29. That all buildings will meet the R-2 zoning regulations for setbacks and height, noting that this would ensure compatibility with the neighborhood. The Commissioner then suggested that, given the concern about scale and proximity of the development to existing homes, the following conditions be added: 30. That the two buildings abutting Lots 19 and 20 be reduced to one-story structures, reducing the total number of units to 28; and 31. That the duplex north of Lot 31 be reduced to a single-family structure, reducing the total number of units to 27. He also suggested that a condition be added, as follows: 32. That one of the three units in the building on the north side of the road, immediately west of the streambed, be lowered to one story, thus reducing the total number of units in the development to 26. Commissioner Frost then suggested that the following conditions be added to address some of the concerns which were raised during the public hearing: 33. That a 5-foot delineated pedestrian pathway be designated on the north side of the private drive through the use of different materials from those used for the roadway, 34. That two additional street trees be provided in the Westridge Drive street right-of-way, and that they be clustered, preferably on the western side, to provide a more natural and open space appearance, 35. That all signs shall be subject to review and approval by the Design Review Board prior to final plan approval, 05-26-92 -3 - 36. That appropriate native streambank vegetation be used along the streambank to assure water quality and the continuation of riparian habitat, 37. That all improvements to the streambank and open space landscaping be installed with Phase I, 38. That the trail system for this PUD be reviewed and approved by the Parks and Recreation Advisory Board, Commissioner Frost noted that the traffic projections for the remaining 26 units is 130 ADT's, compared to the 110 ADT's for the 11 single-family residences that could be constructed under the original plat. He further noted that, under the original platting, a maximum of 23 units could be constructed on this subject site. He then indicated that, with these recommended conditions added to the original 28 conditions, he can support the requested PUD for four reasons: ( 1) it generally meets the criteria of the master plan and the zoning ordinance; (2) the conditions address the concerns raised by the neighborhood pertaining to compatibility, traffic safety, pedestrian safety and property values; (3) it allows for the enhancement of the trail system; and (4) it allows for preservation and enhancement of the amenities which the residents of the area desire, including the stream. Commissioner Stiff reiterated his concern that to dramatically decrease the number of units allowed within this planned unit development could actually eliminate the project. He noted, however, that he would be receptive to eliminating one more unit, thus reducing the total number to 25. He also questioned why the one unit should be eliminated in the back row, as suggested by Commissioner Frost. Commissioner Stiff then cited the extreme amount of public concern raised and the safety issues which must be addressed. He suggested that in an attempt to address those concerns another condition should be added which would stipulate: 39. That the developer shall be responsible for placing "bouncing ball" signals at the intersection of South Third Avenue and Westridge Drive, noting that those lights would draw attention to that hazardous intersection. Commissioner Stiff also noted a desire to amend Condition No. 2, to provide that the units constructed within this planned unit development would pay a proportionate share of the costs incurred for the improvement of South Third Avenue rather than being subsidized by the single- family residences in the subdivision. Commissioner Stiff also indicated his interest in revising the condition pertaining to the trail system to require that the developer provide gravel trails, and that the Homeowners' Association 05-26-92 -4 - be responsible for their maintenance. Responding to Commissioner Vincent, Planner Wall stated that the Figgins Subdivision was originally platted in the Spring of 1980. He stated that when the City signed the plat, it was with the understanding that an SID would be created for all improvements; however, the district was never created. He noted that this has resulted in a recorded subdivision with no improvements; and that subdivision still exists. Commissioner Vincent suggested that with the number of conditions which are proposed, the original proposal has been so substantively changed that it is essentially a new proposal. He then expressed concern that under the Commission's rules of procedure, they cannot accept any input from the public or the developer on whether these conditions result in an acceptable project. He also expressed concern that the Commissioners have just received these proposed additions to the conditions, and are expected to vote on them very shortly. Commissioner Vincent then stated that he will vote against the project because the City must remain consistent to be credible; and this site is zoned R-2, which is single-family residential. He noted that many people testified at last week's meeting that they had purchased in this subdivision with the assurance that it was for single-family development only. He then characterized this proposal as "the right project at the right time in the wrong place". Commissioner Vincent stated he assisted in writing of the public interest criteria for the 1975 Legislature, and assisted in getting it passed by that legislature. He then stated he does not believe that this project is compatible with the neighborhood, as originally proposed or with the proposed conditions. He noted the great amount of expressed public opinion, noting that opinion must be carefully weighed in the decision-making process. Commissioner Knapp noted the major areas of concern identified during the public hearing included traffic and safety, water course, affordable housing and housing values. She then stated that she feels that if the number of dwelling units were reduced to a level close to the 23 units that would be allowed, through use of a density bonus, under the R-2 zoning, she could support this application. She then suggested that Condition No. 30 be revised to allow for "one-story, single- family structures behind Lots 19 and 20", thus reducing the total number of dwelling units to 24. Commissioner Knapp then stated an interest in revising Condition No. 1 to provide a time certain for completion of an analysis of the intersection of South Third Avenue and Westridge Drive. She also suggested that another condition be added which stipulates: 05-26-92 -5 - 40. That one copy of the Homeowners' Agreement shall be submitted for review and approval by the Planning Director prior to final plan approval. Commissioner Knapp stated that with these conditions, which protect those residences abutting the project and reduce the total number of units allowed, she feels it is compatible with the neighborhood. She noted, therefore, that with all of the conditions which have been set forth, she can support approval of this application. Commissioner Frost stated support for the revision prnposed to Condition No. 30. Mayor Swanson stated he had originally felt that a density of 22 units would be acceptable, since it would generate the same amount of traffic as the 11 single-family units that could be constructed under the current platting and zoning; however, he finds a density of 24 units acceptable, with the additional conditions suggested. He also suggested that Condition No. 9 be revised to provide for a reduced number of parking sp_aces, in keeping with the reduced number of units. He suggested that the parking be enhanced by 20 percent, as required in the original condition, with the remainder of the area to be turned into landscaping. Commissioner Stiff expressed concern about lowering one section in a building of three units in the back row, and elimination of one unit. He suggested it may be more appropriate to have a solid line, rather than a broken one; and he further suggested that one additional unit could make or break the project at this point. Mayor Swanson suggested the possibility of simply establishing a 24-unit limit, allowing the developer to determine how those could be best placed on the site. He noted, however, that single-family, single-story units should be required on those portions of the site abutting Lots 19, 20 and 31. Mayor Swanson stated that, while he recognizes Commissioner Vincent's comments regarding his constituency, he feels that the conditions imposed address the major concerns of the neighborhood. He further noted that this application meets the stated goals of the master plan, which was supported by an even larger constituency. He then indicated his support of the project, with the conditions as set forth in this discussion. Commissioner Frost stated support for the additional conditions recommended by Commissioner Stiff, Commissioner Knapp and Mayor Swanson regarding the installation of caution lights at the intersection of Westridge Drive and South Third Avenue, the requirement that the Homeowners' Agreement be submitted for review and approval, and limiting the density to 24 05-26-92 -6 - units. He then noted that a review of the written and verbal comments received revealed that over one-third of the people mentioned the streambed and riparian habitat; and this proposal ensures those concerns will be met. Responding to Commissioner Stiff, the City Manager reviewed the methods of assessment for special improvement districts. He then asked that if the Commission wishes to pursue the idea of this project paying its fair share, staff be provided a five-minute recess to develop appropriate language for a new condition. The City Manager then cautioned the Commission that, given the fixed costs associated with this project, it may not be possible for the developer to provide the housing at the cost which he quoted during the public hearing. The City Manager then suggested that, rather than requiring that the trail be improved to a gravel standard, it would be more appropriate to refer this item back to the Parks and Recreation Advisory Board, for their determination of what would be most appropriate. Commissioner Vincent reiterated his interest in receiving additionai public input, and suggested that the Commission conduct another public hearing, on the conditions which have been forwarded. Break -4:29 to 4:34 p.m. Mayor Swanson declared a break from 4:29 p.m. to 4:34 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Decision -Conditional Use Permit for Planned Unit Development -Overbrook at Westridge -to allow construction of 34 condominium units on Lots 16 and 21 through 30, Block 9, Amended Pla t of Figgins Addition Commissioner Stiff requested that, rather than revising Condition No. 2, as he had suggested above, a new condition be added, as follows: 41. That the developer be required to place $5,000 in escrow, upon sale of the tenth unit, to assist the neighborhood with improvements to South Third Avenue; It was moved by Commissioner Vincent, seconded by Commissioner Frost, that the Commission, pursuant to Section XIV, Sub-section 7, of its rules of procedure, call for a new public hearing, properly noticed, for the purpose of accepting public input on the conditions of approval which have been forwarded during this meeting. The motion failed by the following Aye and No 05-26-92 -7 - vote: those voting Aye being Commissioner Vincent; those voting No being Commissioner Frost, Commissioner Knapp, Commissioner Stiff and Mayor Swanson. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit for the Planned Unit Development to be known as Overbrook at Westridge, to allow construction of 34 condominium units on Lots 16 and 21 through 30, Block 9, Amended Plat of Figgins Addition, under Application No. Z-9230, subject to the following conditions: 1. That the applicant's professional engineer shall prepare a formal analysis of the development's impacts on the intersection of South Third Avenue and Westridge Drive prior to final plan approval. If the intersection's level of service drops below C, the applicant must mitigate the situation after 51 percent of the units are occupied; 2. That a waiver of right to protest the creation of a special improvement for improvements to South Third Avenue must be signed by the owner(s) and filed with the Gallatin County Clerk and Recorder; 3. That the private drive approaches and sidewalk adjacent to Westridge Drive shall be constructed in accordance with the City's standard approach (i.e., concrete apron and sidewalk section) and shown as such on the final plan. City curb cut and sidewalk permits shall be obtained prior to final plan approval. Additionally, a sidewalk and drop curb (handicap) access shall be provided from Westridge Drive to the trail at the southern property corner; 4. The following shall be provided in relation to paving: A. Curbing shall be provided and depicted on the final PUD plan around the private street and all parking areas; B. Typical curb details (i.e., raised and/or drop curbs) shall be provided; and C. The asphalt section shall comply with Section 16.26.050, Surfacing, of the City ordinance unless designated in accordance with the Asphalt lnstitute's Manual for which a detail shall be provided to, and approved by, the City Engineer; 5. That the applicant shall install stop signs on the private drive at Westridge Drive; 6. That the site triangles at the intersections of the private drive and Westridge Drive shall not be restricted; 7. That a minimum of four disabled parking spaces must be provided in accordance with the ADA. These spaces shall be signed as per the zoning ordinance; 8. That bicycle racks that provide parking for at least eight bicycles shall be provided. Bicycle parking shall be dispersed throughout the development; 9. That the total number of parking spaces shall be reduced to twenty percent more than what is required for 24 units, and the remainder of this space shall be designated for landscaping; 05-26-92 -8 - 10. That the landscape island in the intersection of the trails shall be eliminated; 11. That plans and specifications for the water and sewer main extensions and lift station, prepared by a professional engineer (P.E.), shall be provided to, and approved by, the City Engineer and the Montana Department of Health and Environmental Sciences. The applicant shall also provide professional engineering services for construction, inspection, post-construction certification and preparation of mylar record drawings; 12. That sewer and water services shall be shown on the final PUD plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; 13. That the following shall be provided in relation to storm water: A. A storm water plan and system design (i.e., unit sizing) shall be detailed in the PUD report and the specific engineering calculations supporting the design be included as an appendix to the report; 8. A detailed storm water maintenance plan for the storm water system (designed to remove solids, silts, oils, grease, and other pollutants) be provided to, and approved by, the City Engineer prior to final PUD approval; C. The final plan shall include adequate spot elevation information on the roadway and detention pond basins and structures; D. Typical curb and depressed curb (for drainage) details be provided; E. The overall storm water plan shall be approved by the City Engineer prior to final plan approval; 14. That the following shall be accomplished in relation to the floodplain: A. A flood plain development permit must be obtained from the City Engineer prior to final plan approval. No filling, or other construction activities, shall be initiated prior to issuance of the permit; 8. The 100-year flood plain boundary and the 100-year flood elevation cross sections must be depicted on the final PUD plan; C. Culvert sizing design calculations shall be provided for the stream crossing; D. All buildings must be flood-proofed to at least 2 feet above the 100-year flood elevation. Elevation certificates must be provided for each building following completion of construction; 15. That the Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Health and Environmental Sciences, and the Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity Exemption, etc.) shall be obtained prior to final plan approval; 05-26-92 -9 - 16.. That the final PUD plan shall include adequate dimensioning. The private street width and parking area configurations must comply with the zoning ordinance, unless deviations are obtained from the City Commission; 17. That the two structures immediately north of Lots 19 and 20 on Westridge Drive shall be separated by a minimum of 16 feet; 18. That architectural treatments shall be diversified from building to building, by way of differing gable treatments, window sizes, rooflines, adding jogs in the front and rear facades, and/or similar treatments. The side elevations which are visible off-site shall incorporate windows; the use of window bays should be considered. The final elevations shall be subject to review and approval by the ORB prior to final PUD approval; 19. That the landscape planting list shall be revised to limit the use of the patmore green ash by providing comparable. alternatives; 20. That the applicants shall coordinate the location and type of mail boxes with the U.S. Postal Service prior to final PUD approval; 21. That all buildings will meet the R-2 zoning regulations for setbacks and height; 22. That the two buildings abutting Lots 19 and 20 be reduced to one-story, single-family structures; 23. That the duplex north of Lot 31 be reduced to a one-story, single-family structure; 24. That the PUD will be limited to 24 units, without major alterations to the existing footprints or substantive alterations to the site amenities; 25. That a 5-foot delineated pedestrian pathway be designated on the north side of the private drive through the use of different materials from those used for the roadway; 26. That two additional street trees be provided in the Westridge Drive street right-of-way, and that they be clustered, preferably on the western side, to provide a more natural and open space appearance; 27. That all signs shall be subject to review and approval by the Design Review Board prior to final plan approval; 28. That appropriate native streambank vegetation be used along the streambank to assure water quality and the continuation of riparian habitat; 29. That all improvements to the streambank and open space landscaping be installed with Phase I; 30. That the trail system for this PUD be reviewed and approved by the Parks and Recreation Advisory Board; 31. That the developer be required to place $5,000 in escrow, upon sale of the tenth unit, to assist the neighborhood with improvements to South Third Avenue; 32. That the developer shall be responsible for placing "bouncing ball" signals at the intersection of South Third Avenue and Westridge Drive; 33. That one copy of the Homeowners' Agreement shall be submitted for review and approval by the Planning Director prior to final plan approval; 05-26-92 -10 - 34. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 35. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 36. That all conditions specifically stated under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, his successors or assigns; 37. That all of the special conditions shall be consented to in writing by the applicant; 38. That seven copies of the final site plan, containing all of the conditions, corrections and modifications approved by the City Commission, shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 39. That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 40. That the first building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; and 41 . That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Vincent. Decision -Preliminary plat -aggregation of Lots 16 and 21 through 30, Block 9, Amended Plat of Figgins Addition, to form one lot This was the time and place set for the decision on the preliminary plat, as requested in Application No. P-9210, to provide for the aggregation of Lots 16, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, Block 9, Amended Plat of Figgins Addition, to form one lot. The City Manager reminded the Commission that they had conducted their public hearing on this application at last week's meeting. He then recommended that, in light of the previous 05-26-92 -11 - action, the Commission approve this preliminary plat, contingent upon finalization of the conditional use permit for the planned unit development. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission approve the preliminary plat, as requested in Application No. P-9210, to provide for the aggregation of Lots 16, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, Block 9, Amended Plat of Figgins Addition, to form one lot, subject to the following conditions: 1. That the applicant shall maintain the remainder of the Fryslie Street public right-of-way; 2. · That final plat approval will not be granted until the corresponding PUD application has received final approval; 3. That the final plat shall be revised, as necessary, to reflect any of the 41 conditions imposed on the PUD in the above agenda item; 4. That a weed control plan for the proposed subdivision must be approved by the County Week Control Officer prior to final plat approval; 5. That the following shall be provided on the final plat in relation to easements: A. A 30-foot-wide easement(s) shall be provided for the water and sewer mains and hydrants necessary for the PUD; B. A 10-foot-wide utility easement shall be provided along the northern property line; and C. The trail and utility easements on the west side of the tract shall be distinctly separate, and the individual notations for these easements shall be delineated within the easement boundaries on the final plat; 6. That the Certificate of Surveyor shall be revised to explicitly reference "Overbrook at Westridge" Subdivision on the final plat. The Certificate of Clerk and Recorder shall be revised on the final plat to fully reflect the Bozeman Area Subdivision Regulations; and 7. That the 100-year flood plain and the 100-year flood way shall be designated on the final plat, as recommended by the Acting City Engineer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Vincent. Decision -Commission Resolution No. 2859 -inte.nt to vacate Fryslie Street This was the time and place set for the decision on Commission Resolution No. 2859, entitled: 05-26-92 -12 - COMMISSION RESOLUTION NO. 2859 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACA TE AND ABANDON THAT PORTION OF FRYSLIE STREET ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE I. City Manager Wysocki reminded the Commission that they had also conducted the public hearing on this item at last week's meeting. He then reminded them that the street was platted in 1980 and lies within the planned unit development which was just approved. He then recommended that the Commission authorize vacation of this street, subject to completion of the planned unit development and finalization of the plat in accordance with the previous two Commission actions: City Attorney Luwe reminded the Commission that an ordinance of street vacation must be brought back for adoption before this item is finalized. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize staff to proceed with the necessary steps for vacation of that portion of Fryslie Street to vacate and abandon that portion of Fryslie Street adjacent to Lots 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 of the Amended Subdivision Plat of Block 9, Figgins Addition, Phase I, contingent upon filing of the final plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Vincent. Request for Commission re-statement of fair market values for Lots 38, 48, 58 and 68. Block 1, Valley Unit Subdivision City Manager Wysocki indicated that this item has been placed on the agenda due to issues which have been raised since the fair market values of all eight lots were set. Administrative Services Director Gamradt submitted to the Commission a memo dated May 26, along with a listing of the revised market values which he is seeking and a copy of the sale bill which is being distributed. He then noted that in the original calculations, he utilized an incorrect acreage figure for Lot 38, which in turn produced an incorrect fair market value. He then stated that since the Commission's action to place these lots for auction sale, the Montana Department of Transportation has expressed a possible interest in bidding on the "B" lots. The Administrative Services Director then requested that, in light of these two facts, the 05-26-92 -13 - Commission re-state the fair market values for Lots 38, 48, 58 and 68. He stated that if the Department of Transportation does attend the auction and state its intention to bid on the "B" lots, they will be sold in a block, with the "A" lots being sold individually. He noted, however, that if the Department of Transportation does not attend the auction or indicate an interest in bidding, the lots will be combined and sold as 3A and B, 4A and 8, 5A and 8, and 6A and 8. He further noted that if the Department of Transportation does bid, it will probably be the only bidder; therefore, the bidding process cannot be utilized to establish the actual fair market value of the lots. He suggested, therefore, that the Commission establish revised fair market values for the "8" lots which, when combined with the outstanding SID balance, .would result in a $1.10 value per square foot for all lots if the "8" lots are combined with the "A" lots and a $1.30 value per square foot for the "8" lots, if they are to be sold as a block ("A" lots would remain at $1.10 per square foot). Responding to Commissioner Frost, the Director indicated there is a error in the auction bill; however, it can be corrected because the bill also contains a clause that stipulates "statements on the date of sale shall take precedence." He further noted that the published notice can still be revised to reflect the revised fair market values and still meet the publication requirements, provided the Commission acts today. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission re-state the fair market values for the "8" lots to be sold at public auction on June 9 which, when combined with the outstanding SID balances, would generate a $1. 10 per square foot fair market value if sold in combination with "A" lots and $1 .30 per square foot fair market value for the "8" lots if sold in a block, as follows: 38 48 58 68 Block 1 1 1 1 Fair Market Value If combined with "A" lots If "B" lots sold as a block $25,592 $19,189 $19,189 $37,900 $30,907 $24,155 $24,155 $47,745 subject to the terms previously set forth. 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. Discussion -signage for neighborhood parking districts Assistant to the City Manager Ron Brey reminded the Commissioners that at last week's 05-26-92 -14 - meeting, they finally adopted the ordinance providing the enabling legislation for the City to create neighborhood parking districts, upon request from the residents of a specified area. He then noted that after a district is created, it does not become effective until the streets have been appropriately posted; and the City must meet a number of standards in so doing. He noted that those standards do provide some flexibility; however, there are certain minimums that must be met to be legally defensible. The Assistant stated that the minimum regulatory sign size is 12 inches by 18 inches; and three of those signs may be required per block face. He stated that if larger signs, such as 18 inches by 24 inches, are used, probably two signs per block face would be adequate. He stated that those signs must be a minimum of seven feet from the ground, so they can be visible over parked vehicles and so that people do not hit their heads on the bottoms of the signs. He further noted that signs which regulate parking are typically green on white. He also indicated that the letters must be a certain minimum size and the lines a certain minimum width. The Assistant stated that every effort will be taken to minimize the number of new sign poles utilized; however, he noted there are constraints in this area as well. He stated that the City has a general agreement with Montana Power Company that no signs will be installed on wooden poles. He noted that the City can utilize their metal poles; however, most of those are installed at intersections because they support light fixtures. He also noted that multiple signs are discouraged when one of those is a stop sign or a speed limit sign, further decreasing the number of existing poles that can be utilized for this program. Assistant to the City Manager Brey stated that staff recognizes the Commission's concerns about the obtrusiveness of the size, number and appearance of signs for the neighborhood parking district program. He then requested that the Commission allow staff to prepare a recommendation for signage, to be submitted to the Commission for consideration within the next few weeks. He cautioned that to establish a process which involves ORB review could become cumbersome, and may not be worthwhile, given the regulatory restrictions involved. The Assistant noted the importance of using a standard sign size to keep the costs down, particularly since the neighborhood parking district near the University may require 300 to 400 signs if it is created as anticipated. Commissioner Frost stated his support for using the larger signs to reduce the number of signs required. 05-26-92 -15 - Responding to Commissioner Stiff, the Assistant stated it is anticipated there will be 100 blocks in a neighborhood parking district near the University; and with two or three signs per block face, the City is looking at approximately 400 signs. Commissioner Vincent indicated he is comfortable with allowing staff to develop a proposal for signage. Commissioner Frost stated he feels Assistant Brey has done an excellent job .on this project so far; and he supports allowing the Assistant to continue with the process. Commissioner Knapp stated her concurrence. Responding to Commission comments, the Assistant noted that under current litigation in Missoula, it has been contended that the signs did not provide adequate information. He then cautioned the Commission that, given the size and line width requirements and information requirements, as well as the potential of dramatically increasing the cost per sign, it may not be possible to incorporate any design. He then indicated that he has discussed this issue with the principals involved in seeking a neighborhood parking district near the University; and they have indicated that the signage requirements are acceptable. Assistant Brey then indicated that he will bring back a proposed ordinance for Commission consideration as soon as possible. Discussion re March 1992 Building Inspection Division report -Chief Building Official Kyle Harlan and Zone Code Enforcement Officer Roy Beall City Manager Wysocki reminded the Commission that Mayor Swanson had requested this item be placed on the agenda. Mayor Swanson asked several questions regarding the statistics contained in the March 1992 Building Inspection Division report, to which Chief Building Official Kyle Harlan responded. He noted that the valuations for 1991 are high because of the building permits for the two new elementary schools, totalling $7.3 million. He also indicated that the number of residential dwelling units which have been permitted is steadily increasing in both number and valuation. Further responding to the Mayor, Chief Building Official Harlan stated that he has been implementing policies and procedures which have streamlined the department's processes, which has helped staff accommodate the increased activity. He further noted that the new temporary building inspector is now on staff; and that will help even more. 05-26-92 -16 - The Official then stated that he does not see any easing of this building surge this year. He noted that at the present time, contractors are scheduling construction for next season because they are full for this year. Mayor Swanson then forwarded several questions to Zone Code Enforcement Officer Roy Beall. Officer Beall indicated that most of the complaints received are through telephone contacts from citizens. He also noted that if he finds a violation which poses a threat to the public health and safety, he will initiate action immediately. Further responding to the Mayor, Officer Beall stated that he has prioritized the 100 backlogged cases, addressing them as possible. He noted that those with the highest priority are the ones which the public officials have forwarded as well as those classified as threatening the public health and safety. He noted that the other cases are addressed as time and opportunity allow. Responding to Commissioner Frost, the Officer stated that most people who receive a violation notice do not know that they are doing something wrong; and they tend to address the issue quite willingly. Responding to the Mayor, the Officer stated that those receiving conditional use permits from the City are more readily meeting the conditions imposed than in the past. He suggested that many of the comments being received now are from individuals whom he has approached about violations that are pointing at others. He then stated that he generally does not have a problem getting people to comply, noting that the most difficult situations are those where an applicant has been allowed to occupy a facility before all of the improvements have been installed. Zone Code Enforcement Officer Beall noted that most people recognize the importance of managed growth, and the need to impose conditions on projects to ensure that the beautiful environment is maintained. He then noted that the creation of his position reflects the Commission's willingness to address the problems that can occur with growth. The Commissioners thanked Chief Building Official Harlan . and Zone Code Enforcement Officer Beall for their attendance at this meeting. Discussion -FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 05-26-92 -17 - (1) Memo from Historic Preservation Officer Catherine Goetz, dated May 18, regarding her position and the program for next fiscal year. (2) Letter from Joyce Lee, dated May 20, regarding the Graf Parks master plan. (3) Copy of an article from the May 18 edition of The Star-Ledger, Newark, New Jersey, pertaining to Harry Grant, as forwarded by Heidi Klein, Sourdough Protective Association. (4) Copy of an article from the May 1992 edition of the Planning magazine, entitled "Park and Shop: Some Guidelines", which includes a review of Bozeman's entryway corridor plan, as submitted by Commissioner Frost. (5) Agenda for the County Commission meeting to be held on May 26, along with daily minutes for the week of May 11. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, May 27, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Wednesday, May 27, at the Carnegie Building. (8) The City Manager submitted his weekly report, as follows. (1) Noted that Hyalite Reservoir was filled this past weekend. He noted that with the Bozeman Creek and Middle Creek in-stream water rights until June 10, the City may not have to utilize the Hyalite water for a couple weeks. (2) Announced that construction of the "T" intersection of South Third Avenue/Graf Street/Wagon Wheel Road is progressing and should be completed by June 10 or 15. (3) Announced that the figures for renovation of the Law and Justice Center are being finalized. (4) Announced that the HRDC had requested that the City somehow provide land for the construction of affordable housing. He cautioned the Commission that State law very severely limits any City ability to meet that request. (5) Announced that Director of Public Service Forbes is meeting with the School District regarding crosswalks and pathways along South Third Avenue. (9) Commissioner Knapp noted a test section of highway in Oregon, where they were testing road side reflectors which turn blue when freezing conditions exist. She noted that the temperature sensitive reflectors are designed to warn motorists of potentially slick conditions, particularly on overpasses and bridges. ( 10) Commissioner Frost submitted the following. ( 1) Attended the May 13 meeting of the Downtown Bozeman Association, at which the designer of the parking structure in Missoula spoke. (2) Noted the amount of staff work required to provide the Commission with support 05-26-92 -18 - information for consent items, stating his appreciation for those efforts. (3) Requested a slide presentation from staff, showing how projects approved under the new zone code provisions have been developed, noting that this would provide a graphic demonstration of how well the process is working. (11) Commissioner Stiff submitted the following. (1) Stated that he received a telephone call from a property owner adjacent to a local bar, expressing concern about the continuing problems he is facing. He then asked if there is some way to address this issue, other than through the State and its licensing procedure; the City Manager requested an opportunity to discuss this item in a private conversation. (2) Congratulated Commissioner Vincent on being one of two nominees for the U.S. West top local teacher award. ( 12) Clerk of the Commission Sullivan thanked the Commission for the opportunity to attend the IIMC Conference held in Salt Lake City last week. She briefly highlighted the topics covered in the conference as well as the various countries represented. (13) City Attorney Luwe submitted the following. (1) Announced the Supreme Court's decision that the County regulates subdivisions with the 3 %-mile jurisdictional area when the City is operating under the Commission/Manager form of government. He noted that in view of this loss, the City must seek legislative remedies, and will probably do so in the upcoming session. (2) Noted that on Friday, the Bozeman Daily Chronicle won its suit against the City in District Court, pertaining release of the police officer's name involved in a recent criminal matter. He noted that the name of the officer was released today; however, he suggested that he may appeal any order for the City to pay that officer's attorneys fees. He then noted that the final decision in that matter should be made within the next two weeks. (3) Noted that staff attorney Susan Wordal won a DUI trial on appeal in District Court today. (4) Noted that the first jury trial involving a DUI arrest in which a handheld intoxilizer was utilized has been scheduled for this Thursday. ( 14) Mayor Swanson announced that he attended the TCC meeting on Wednesday, where the consultant reviewed about 75 recommendations. (15) Mayor Swanson stated he has received about ten letters per week protesting the City's stand on recent police officer issues, and contesting the Missoula County Attorney's decision on one of those incidents. He then indicated that he feels a response to those individuals is needed, and noted his desire to meet with City Manager Wysocki and City Attorney Luwe prior to preparing such a response. 05-26-92 -19 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Transfer location of beer and wine license -Community Food Co-op -to 908 West Main Street Deviation -to allow 2-foot encroachment into required 8-foot side yard setback - Russell Sylvis, 510 South 6th Avenue (Cooper Park Historic District); per ORB recommendation Deviations -to allow 1-foot encroachment into required 8-foot side yard setback and 1-foot encroachment into required 10-foot rear yard setback -Kenneth and Margaret Emerson, 510 South 3rd Avenue (BonTon Historic District); per ORB recommendation Deviations -to allow 8-foot encroachment into required 10-foot rear yard setback and 5-foot encroachment into required 8-foot side yard setback - Craig and Shellie Hovda, 201 South Grand Avenue (BonTon Historic District); per DRB recommendation Deviations -to allow second floor addition to encroach 5 feet into required 25-foot front yard setback and 4 feet into required 8-foot side yard setback, and to expand non-conforming structure that is over 40-percent maximum lot coverage -Helen Frank, 1002 West Babcock Street; per ORB recommendation Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Recess -5:44 p.m. Mayor Swanson declared a recess at 5:44 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled work session. Reconvene -7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled work session. Work session -setting of goals for Fiscal Year 1992-93 This was the time and place set for the setting of goals for Fiscal Year 1992-93. The City Manager noted that included in the Commissioners' packets was a compilation of the Commissioners' top priority goals listed under the various City department headings. He 05-26-92 -20 - then requested that the Commissioners select the top three priority goals under each department listing. He reminded the Commissioners that, even if a goal is below the priority line, if an opportunity arises, staff will work on it. The Commissioners then proceeded to prioritize the top three goals under the departmental listings of City Manager, Assistant to the City Manager, Administrative Services Director, City Attorney, Planning Director, Director of Public Service, Recreation Department, Library, Police, Fire, City Commission and General. During the prioritization of Planning Director items, City Manager Wysocki noted that there is no single park which is large enough to be considered truly a community park, or even a regional park. He then noted that individual park master plans are currently being developed; however, the Recreation and Parks Advisory Board has not pursued the issue of an overall master plan for parks in the community, as he has requested. He then suggested that if the Commission is interested in the development of such a plan, it should direct the Board to do so. Commissioner Knapp indicated her interest in such a plan. She also noted it is important to have a mission statement for the park system. Commissioner Frost stated he feels it is important to complete the POST master plan. He recognized that that plan generally addresses the trails sytem. He noted, however, that it is generally easier to determine where trails should be located than it is to predict where community growth will occur. Commissioner Stiff stated that he feels the City must look at different options for addressing solid waste disposal. He noted that he is convinced the tag system is not equitable. He also suggested that the City should carefully consider the option of giving a five-year notice that it plans to become the governmental monopoly for garbage collection within city limits; and it should also make a careful determination of who may use the City's landfill and what the tipping fees will be. Commissioner Knapp stated she feels that the position of utilities director should be carefully considered, noting the importance of protecting the City's current operations and employees. Commissioner Stiff characterized many of the goals listed under the Recreation Department as job descriptions rather than goals. Following the prioritization process, the Mayor provided the Commissioners with an 05-26-92 -21 - opportunity to add two more goals under the City Commission or General categories. Commissioner Vincent forwarded his concern about the appointment process to the various boards and commissions, and making that process a more public one. Commissioner Stiff noted that the applications have been revised to make them public documents; the other Commissioners indicated their reservations about revising the process any further. They did concur, however, that if necessary, the appointment process could be delayed one additional week upon request. Commissioner Vincent then expressed an interest in having an opportunity, possibly twice a year, for the Commissioners to just have a free-wheeling discussion about various topics of interest or concern. He suggested that these discussions could be for one hour, with no set agenda. Mayor Swanson requested that City funding for a study of the Bozeman Creek drainage, to be accomplished by the "diaper line" committee be added to the list of goals. He noted that committee has worked effectively, with essentially no drain on City staff, for over a year. Mayor Swanson then requested that the installation of "Welcome to Bozeman" signs at the City's entrances be added to the list of goals, with the Beautification Committee being asked to coordinate that process. He then noted, in addition to ensuring that the project is completed with impacting City staff, this would also provide direction to the Committee. Commissioner Frost requested that the Commission be provided with a master list of the Commissioners' initial lists of goals. He then requested that the City work with the State Department of Transportation in an attempt to get the State to recognize and abide by the City's regulations and policies, particularly pertaining to curb cuts and the installation of sidewalks. Commissioner Frost also requested that a goal be added which would ensure that the City's newsletter be continued. He noted there is a public perception that City government is not doing anything; and he feels that to publish a newsletter, on a quarterly or semi-annual basis, could help to educate the public and improve communication. Commissioner Knapp and Commissioner Stiff did not add any more goals to the list, noting that their major goals have all been addressed in the list. Adjournment -9:05 p.m. There being no further business to come before the Commission at this time, it was moved 05-26-92 ( I ! " -22 - by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No, none. 05-26-92