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HomeMy WebLinkAbout1999-08-16 Minutes, City Commission ''--'~ - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 16, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, e Municipal Building, on Monday, August 16, 1999, at 3:00 p.m. Present were Mayor , Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager - Johnson, Assistant City Manager Brey, Staff Attorney Cooper 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 - SeDtember 8. 1998. Acril 5. Acril 19. Acril 26. June 21. Julv 6. Julv 19. Julv 26. August 2 and August 9. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of September 8, 1998, and July 26, 1999, be approved as submitted and that the minutes of the meeting of August 9, 1999, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of April 5, April 19, . April 26, June 21, July 6, July 19 and August 2, 1999, to a later date. Ordinance No. 1499 - add in a ChaDter 8.44 to the Bozeman Municical Code. providing for fire control and reauirina burning cermits within city limits Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1499, as approved by the City Attorney, entitled: ORDINANCE NO. 1499 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 8.44, PROVIDING FOR THE FIRE CONTROL WITHIN THE CITY LIMITS AND PERMIT PROVISIONS. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1499, adding Chapter 8.44 to the Bozeman Municipal Code, providing for fire control within the city limits and requiring burning permits, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . Ordinance No. 1502 - amendina Section 8.16.060 of the Bozeman Municical Code to delete the crohibition against burning solid waste Included in the Commissioners' packets was a copy of Ordinance No. 1502, as approved by the City Attorney, entitled: ORDINANCE NO. 1502 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 08-16-99 _no____._.__ n___ .--~.~. -..-.-.. "'.-- -..-.--.-- .-- -.-.-.-..... - -.--...----....- - 2 - MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 8.16.060, DELETING THE PROHIBITION AGAINST BURNING SOLID WASTE TO ALIGN THIS SECTION OF THE CODE WITH CHAPTER 8.44. Staff Attorney Day-Moore noted that this section of the code must be amended, in light of the Commission's adoption of Ordinance No. 1499 in the previous agenda item, to eliminate the prohibition on outdoor burning within city limits. e It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1502, amending Section 8.16.060 of the Bozeman Municipal Code to delete the prohibition - against burning solid waste, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Commission Resolution No. 3312 - establishing the comDosition of the Zoning Commission under the interim municiDal zonina ordinance: aDDointment of members to the Zoning Commission Included in the Commissioners' packets was a copy of Commission Resolution No. 3312, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE COMPOSITION OF THE ZONING COMMISSION UNDER THE INTERIM MUNICIPAL ZONING ORDINANCE. . Responding to questions from the Commission, Staff Attorney Cooper stated this ordinance will remain in effect during the term of the interim municipal zoning ordinance, which could be as much as a year and a half. He then indicated that the two-year staggered terms for the Zoning Commission members will be jeopardized by the term of this resolution; and there is no requirement that the members of the Zoning Commission also be members of the City Planning Board. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3312, establishing the composition of the Zoning Commission under the interim municipal zoning ordinance, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the following be appointed to the Zoning Commission, with initial terms to end as noted: Richard J. McConnen and William G. Mitchell with terms to expire on January 31, 2000, and Joanne H. Eaton, Edward L. Musser and Mary Ellen Wolfe with terms to expire on January 31, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . Commission Resolution No. 3313 - authorizing Dlacement of milllevv for senior transDortation on ballot Included in the Commissioners' packets was a copy of Commission Resolution No. 3313, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3313 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY'S INTENT TO SUBMIT THE QUESTION OF 08-1 6-99 - .u ~- ---.-.. - 3 - LEVYING AND ASSESSING AN ANNUAL MILL LEVY OF UP TO 1 MILL TO FUND SPECIAL TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND PERSONS WITH DISABILITIES. City Manager Johnson noted that, included in the Commissioners' packets, was much of the information requested by the Commissioners at last week's agenda meeting. He then indicated that the detailed information from the County was just recently received. Administrative Services Director Miral Gamradt stated that he received 60 pages of _ information from the County last Friday. He noted the format would not be helpful to the Commission, and he is not certain he could summarize it, but he will attempt to respond to any specific questions. Commissioner Rudberg stated that, with the questions she was asking last week, she was looking for the total County mill levy and how it is divided among the different activities and non-profit senior organizations. In response to additional questions from Commissioner Rudberg, the Administrative Services Director stated that the County levies are assessed on all properties within the county. He noted that properties within Bozeman represent approximately 1/3 of the property taxes paid in Gallatin County. Commissioner Rudberg noted that, based on the information received, her calculations show that City residents contribute a total of $133,102 toward services for senior citizens. Responding to Commissioner Rudberg, Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated that fundraising has been a small part of the GalaVan revenues in the past and recognized the need to possibly increase that funding source. He then noted that, by adding all donations together, they total approximately $31,000 in the budget for this fiscal year. He then indicated that the GalaVan program receives approximately e $28,000 from the County senior mill levy for transportation. Commissioner Rudberg stated that if service is to be provided to Belgrade, Manhattan and Three Forks, then those communities should also contribute toward the program, rather than relying on Bozeman to supplement the County's mill levy; or those using the service should pay for it. Mr. Jeff Rupp stated that, from HRDC's viewpoint, the budget for GalaVan is fairly simple, with approximately $100,000 in expenses and three main funding sources. He noted that approximately 90 to 95 percent of the riders live in Bozeman. On that basis, he suggested that $80,000 to $90,000 of the costs should come from Bozeman, whatever the source might be. He then indicated that he does not want to do a mill levy because it is fairly labor intensive to get a mill levy approved, and noted that having the City continue to fund $15,000 annually is his preference. Commissioner Rudberg stated that, in light of the nearly $134,000 that city residents contribute toward senior activities, she does not believe the City is doing nothing. She then suggested that the City Commissioners, County Commissioners and representatives from the senior services sit down to identify the funding sources and how the monies should be divided to be the most beneficial. Mr. Jeff Rupp stated that he would like to find a stable funding source, although he is . concerned about being part of a process that asks homeowners to pay more in taxes. Commissioner Rudberg stated she feels the community should be aware of the monies being collected and expended for senior programs. She also feels the City should be involved in how the monies from the senior mill levy are expended. Mayor Youngman suggested that this subject would be good for an upcoming meeting with the County Commission. She also indicated that the parameters for campaigning for the bond issue should be carefully reviewed, noting the Commissioners should possibly limit their involvement to simply distributing information to the public. 08-16-99 u____ - 4 - Commissioner Frost stated he feels it is important to ensure that City funding for the GalaVan program is fair and equitable. City Manager Johnson reminded the Commission that the mill levy is for senior transportation and, if it is successful, on an annual basis the Commission must determine whether and how much should be given to GalaVan. Commissioner Rudberg cautioned that the monies will not necessarily be earmarked for GalaVan; rather, a competitor could begin providing service in the community and the _ Commission could choose to give the monies to that agency. Commissioner Smiley stated that, given the demands on the City's revenues, the only way to ensure a consistent revenue for the senior transportation program is through a mill levy approved by the community. Mayor Youngman stated she would prefer to stabilize the funding for this program within the City's budget, but she recognizes the need to seek public input through a vote, which could also provide the possibility for expanded funding in future years. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3213, declaring the City's intent to submit the question of levying and assessing an annual mill levy of up to one mill to fund special transportation services for senior citizens and persons with disabilities, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Commission Resolution No. 3310 - authorizina submittal of technical assistance grant acclication to the Montana DeDartment of Commerce for a Community Development Block Grant on behalf of the Human Resource DeveloDment Council . Included in the Commissioners' packets was a copy of Commission Resolution No. 3310, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3310 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION ON BEHALF OF HRDC FOR A COMMUNITY DEVELOPMENT BLOCK GRANT TO PROVIDE TECHNICAL ASSISTANCE TO SMALL BUSINESSES. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, distributed an information sheet about this program to the Commission. He noted the request is for submittal of an application on behalf of the HRDC for a $5,000 CDBG grant to provide technical assistance to microbusinesses. He noted that, since the HRDC became certified under this program in 1992, they have provided assistance to more than 450 individuals, and 31 of the 50 microbusinesses created under this program are still in operation. He stated that HRDC has begun discussions with the State of Montana and the Gallatin Development Corporation to transfer this program to GDC, which will put one more economic development opportunity under their umbrella. He noted that, if this transfer is successful, the Gallatin Development Corporation will be the entity making this request next year. . Commissioner Rudberg expressed her appreciation for this information, in response to the questions she raised at last week's meeting. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3310, authorizing submittal of an application for Community Development Block Grant monies on behalf of the Human Resource Development Council to provide technical assistance to small businesses, be adopted, and that the City Manager be authorized to execute the necessary documents. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. 08-16-99 .n _ -.-...... ----.. - 5 - ADDroval of croDosed comcosition of Water Quality District Board: accointment of Commissioner to Board Previously distributed to the Commission was a letter from the City-County Board of Health, listing the proposed new composition of the Water Quality District Board. City Manager Johnson stated that, as a result of discussion at last week's meeting, he wrote a letter indicating the Commission's informal acceptance of the new composition, but they have indicated a letter from the Commission is needed. . Mayor Youngman noted that under the new composition, the Commission is to appoint ..... one of its own to serve on the Water Quality District Board as well as a citizen member. She noted there is no requirement that the citizen member be a city resident, and suggested that the Commission consider appointing Kathy Gallagher, who already serves on the board. Commissioner Rudberg stated she has no problem with sending a letter of support for the proposed composition and for appointing a City Commissioner at this time; however, she feels it is important appoint a city resident as the citizen member on the Board. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission authorize and direct the Mayor to sign the letter to the County approving the proposed composition of the Water Quality District Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Smiley/that the Commission appoint the Mayor to serve as the City Commission representative on the Water Quality District Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Commissioner Rudberg; those voting No, none. Mayor Youngman abstained. . Following discussion, Mayor Youngman requested that the citizen appointment to this board be placed on the September 7 agenda. Accointment to the Tree Advisory Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated August 12, 1999, attached to which was a letter from Kirsten Emborg. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission appoint Steve Gullickson to replace Kirsten Emborg on the Tree Advisory Board, with a term to expire on June 30, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Discussion - Commissioner Droiects (1 ) Mayor Youngman stated that the County Commission has indicated an interest in conducting a joint meeting on August 30 and asked if the Commissioners are willing to meet that day, in light of previous discussions about canceling the meeting. She then reviewed the . topics which they had identified, including the hockey pavilion, the mill levy in the "donut" area and 9-1-1. Commissioner Rudberg stated she is not willing to do so, noting that those issues are either ones that have been previously discussed or ones with which staff must deal. She indicated that letting the staff have a day off seems to be more important than conducting a meeting on these topics with the County Commissioners. Commissioner Smiley stated she would rather meet with the County Commission in October, noting that a meeting at that time could be more productive. 08-1 6-99 _m...__._n____ -- ...---.---- - 6 - Commissioner Frost stated his concurrence, but asked if the County has covered the additional costs of constructing the pavilion. Mayor Youngman responded that the County has come to agreement for covering $50,000 of the additional expenses, with the Bozeman Amateur Hockey Association (BAHA) indicating a willingness to cover the remainder. She then indicated that the County Commission was most interested in discussing the 9-1-1 issues and providing policy direction to the 9-1-1 Administrative Board. . Responding to Questions from Commissioner Frost, City Manager Johnson stated that the only way to gather statistical data at this time is to manually go through spiral binders in - which telephone calls and radio transmissions are chronologically listed. Commissioner Smiley stated she feels the 9-1-1 Administrative Board should forward suggestions to the Commissions for their consideration. The City Manager stated that, at this time, the Administrative Board would forward a split vote on the level of staffing needed for the 9-1-1 Center. He then noted that, as a member of the Administrative Board, he may take an action that is different from his recommendation as City Manager. Commissioner Frost stated that he feels giving the City staff a day off from Commission meetings would be more beneficial than meeting with the County Commission, particularly since the Commissioners don't have any support information to prepare them for discussions on the various topics. City Manager Johnson stated a unified budget process for 9-1-1 could be beneficial. He noted that, at the present time, the City Commission and the County Commission budget specific amounts of money for specific items, and those items are not always the same. As a result, the Administrative Board encounters problems with funding certain items. He then indicated that the City will write a lump sum check and transfer its contribution to the County . in the near future. He concluded by noting that some of the problems now being encountered are the result of paring back on the recommendations of the task force. Mayor Youngman stated that, based on this discussion, she will notify the County Commission that a majority of the City Commissioners do not wish to conduct a joint meeting on August 30, but that they wish to conduct a meeting in October. (2) Commissioner Smiley submitted the following. (1) Noted that when she called the Health Department, the person answering the phone said "County Health Department", and she is working with Health Officer Stephanie Nelson to get that corrected to reflect "City- County Health Department". (2) Stated she has accepted an eighteen-month appointment to an advisory board to the Gallatin County Planning Board, to work on developing a county-wide system of trails. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from Mayor Youngman, dated August 11/ regarding items to be included . on the agenda for a joint meeting with the County Commissioners on August 30. (2) Copy of an article entitled Operation Desert, published in the August 1999 edition of Governing Magazine, as forwarded by Commissioner Frost. (3) Copy of a memo announcing that, effective September 7, County Commission meetings will be held at 9:00 a.m. on Tuesdays, rather than 1 :30 p.m. on Tuesdays. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 17/ in the Commission Room. 08-1 6-99 --...-.--- - .----.- --.-- - 7 - (5) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 17, in the Commission Room. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 17, at the Courthouse. (7) Agenda for the Montana Transprotation Commission meeting to be held on August 18 in Billings. _ (8) City Manager Johnson submitted the following. (1) Attended a hockey pavilion .. . meeting on Monday evening, at which he reiterated the City contribution is $180,000. (2) Spent time with Senator Max Baucus and attended the County Commission meeting on Tuesday. (3) Went to Helena on Wednesday to iron out some wrinkles in the North 19th Avenue corridor improvements and traffic signals. He noted that the Montana Department of Transportation has done everything possible to accommodate the construction of this project yet this summer. (4) Noted that he will be out of the office during part of the week. (5) Stated that he attended a mini- TCC meeting with representatives from this regional office of the Montana Department of Transportation this morning, to discuss a new funding program for projects in the city. (6) Indicated that JTL is behind on construction of West Oak Street, because of other contract work in which it is involved, including some City projects. (9) Commissioner Frost noted that he has submitted an article on Las Vegas, published in the latest edition of Governing Magazine in this week's packets. (10) Commissioner Rudberg submitted the following. (1) Noted that in her travels this summer, she visited many places in Montana and witnessed the youth hockey program in Miles City, which is an example of people taking responsibility for a program. (2) Stated her appreciation for the information on parking meters in Aspen. (3) Thanked the City Manager for the booklet on public lands that was distributed during the trip to the watershed. (4) Noted the recent article in the newspaper about the bicycle patrol was a good one. (5) Expressed concern about the recent article in the newspaper by Tim Crawford regarding bison and billboards. . (6) Stated that she has reviewed the Kirk Park area in light of the considerable amount of information which the Commission has received. (7) Noted that her travels around Montana this summer have shown her a significant amount of open space in the state and many friendly people. (8) Stated she was in Lewistown when the tornado hit this past weekend. (9) Indicated her support for having the staff time identified on memos providing information to the Commissioners. (11 ) Commissioner Rudberg noted she has received telephone calls regarding knapweed and indicated she has turned those calls over to the City Manager. Mayor Youngman noted she has received similar calls about knapweed on both private and City property. She stated that City staff is working with the County Weed Officer in an attempt to address the problem. (12) Mayor Youngman stated a County Commissioner has indicated verbally that the City's vote on the right-of-way for West Babcock Street is not consistent with the County's action and, as a result, they intend to do nothing at this time. ( 13) Commissioner Smiley noted that on islands in the South Pacific, goose droppings are used for fertilizer, and suggested that the droppings gathered from city parks be deposited in the compost pile rather than in the landfill. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. ACknowledge receiDt of staff reDort - intent to deannex 0.129 acres described as the west 35 feet of Tract 2. COS No. 1877 - Mark and Michele Cusack. 1320 Hillside lane (A-9905) 08-1 6-99 __n ---- ------.- ---.- --. - 8 - Commission Resolution No. 3311 - intent to deannex 0.129 acres described as the west 35 feet of Tract 2. COS No. 1877: set oublic hearing for Seotember 20. 1999 COMMISSION RESOLUTION NO. 3311 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, - THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND IN SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO AMEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO EXCLUDE SAID TRACT FROM THE CORPORATE LIMITS THEREOF. Authorize City Manaaer to sign - Amendment to contract documents for construction of Oak Street between North 7th Avenue and North Rouse Avenue - JTL Grouc. Inc. Award bid - bond sale for Soecial Sidewalk. Curb. Gutter and Allev Aooroach Bonds - Montana Municioal Cooperative. Bozeman. Montana - net interest cost of 4.99 Dercent ApDlication for Beer and Wine License (on oremise) - Althea Co. for Grums Deli. 21 07 North 7th Avenue - Calendar Year 1999: continaent on receiot of State License and comoliance with conditional use oermit Commission Resolution No. 3314 - authorize City Manager to sian Chanae Order No. 3 for 1998 Sanitary Sewer Imorovements - PEC. Inc.. Helena. Montana - add $2.400.00 and 0 calendar days COMMISSION RESOLUTION NO. 3314 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH PLANNED AND ENGINEERED CONSTRUCTION (PEC), INC., HELENA, MONTANA. Authorize City Manager to sian - Memorandum of Understanding between Montana Deoartment of Transoortation and City of Bozeman re aeometric imorovements and signalization on North 19th Avenue Withdraw Aoril 19 direction to seek Attornev General's ocinion regardina municioal court Authorize City Manager to sign - Acceptance of Public Street and Utilitv Easement from Montana State University - 45-foot-wide easement across unolatted tract in the SE%. Section 13. T2S. R5E. MPM (for extension of South 11 th Avenue southward from Kagy Boulevard) Acceptance of Warranty Deed from Georae E. Westlake and Kay H. Martinen - Parcel No. 5 for Oak Street from North 7th Avenue to North Rouse Avenue Approval of final clat for Diamond Estates Subdivision - subdivide 19.957 acres . known as the E%. W%. E%. SE%. Section 3. T2S. R5E. MPM. into 9 residential lots and 1 remainder lot (4521 Durston Road) Authorize Mavor to sign - Findings of Fact and Order - oreliminary olat for Aldworth Maior Subdivision (aggregate 9.703 acres described as Block 24. Electric Heights Subdivision. Lot 3. Block 4 of Graf's First Subdivision. and Tract 1 of COS No. 2015 and rearrange into three lots) (east side of Sourdouah Road. aooroximately % mile north of Kagy Boulevard) Claims 08-1 6-99 - 9 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Discussion re Drocess for selection of fifth Commissioner e Mayor Youngman suggested that the Commissioners submit their nominations, individually, to the City Manager by tomorrow. She noted that the City Manager could then do a phone poll with individual Commissioners to see if there is any potential candidates and, if so, contact that individual to see if he or she would be willing to serve for the remainder of the year. She noted that under this process, the names of those under consideration would not be released and the problems encountered with the previous selection process would be avoided. The Commissioners indicated their concurrence with this proposal. Recess - 4:58 D.m. Mayor Youngman declared a recess at 4:58 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Decision - DrODosed amendment to the master plan for Kirk Park. to allow for the construction of a skate Dark within the park Included in the Commissioners' packets were copies of the letters of support and opposition received prior to the August 11 deadline for written testimony. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the decision on this proposed amendment be continued to September 7, 1999, to give the Recreation and Parks Advisory Board an opportunity to forward its recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearing - DroDosed master Dlan for Westfield Park This was the time and place set for the public hearing on the proposed master plan for development of Westfield Park. Included in the Commissioners' packets was a copy of the draft master plan for . Westfield Park, as prepared by Robert J. Taylor. Also included in the packets were the minutes and recommendation from the Recreation and Parks Advisory Board meeting. Mayor Youngman opened the public hearing. Mr. Jeff Krauss, 508 Park Place, stated the master plan for the Westfield Park has been developed in conjunction with the Recreation Superintendent and the Recreation and Parks Advisory Board and has incorporated public input from two previous pUblic hearings. He then forwarded some additional changes which have been requested by Park Foreman Ron Dingman, as follows: In the bullets on Page 3, under Uldentity" insert Ustandard" before "trail linkage"; 08-1 6-99 --- --.----....- -- -.- ---.- -~ _u._____n - 10- require standard signage for the park; and insert "subject to Park Department review" at the end of the last bullet. Mr. Krauss then asked that the Commission not approve the second recommended change, but allow signage which is appropriate to the style of the development in the neighborhood. He then noted the Park Foreman has also suggested that, under "spatial use", after playground apparatus and picnic table the phrase "subject to Park Department approval" be added. Also, on Page 5, he stated the Park Foreman has requested a reference to the Forestry Division be added under tree pruning and fertilizer. He concluded by stating his appreciation for City staff, and the input they have provided, and requesting Commission approval of this plan. e Mr. Robert J. Taylor, 608 Cambridge Drive. stated he has tried to prepare a master plan which responds to the site and the neighborhood pressures and provides a feeling like Cooper Park. He noted that the site responded willingly to those criteria, and will provide a vital linkage to a number of trails between the Gallagator Trail and the Sundance Trail. He concluded by stating that he has had a wonderful experience working with the Park Department in developing this plan and encouraged Commission approval. Mr. Steve Daines stated he will be living at 519 Oxford Drive. He then indicated that, as a developer of this subdivision and as a neighborhood resident with four children, he supports this proposed master plan. No one was present to speak in opposition to the proposed master plan. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Rudberg forwarded her feeling that neighborhood parks and unique areas should have appropriate signs, not just standard signs. She then voiced her appreciation for this master plan, characterizing it as easy to read and understand. Commissioner Smiley stated her concurrence, noting it is nice to see a neighborhood so . organized in this type of effort. At Commissioner Frost's request, Mr. Jeff Krauss once again reviewed the proposed revisions to the master plan. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the master plan for Westfield Park with the revisions recommended by the Recreation and Parks Advisory Board and Parks Foreman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3306. levvina and assessing street maintenance district assessments for Fiscal Year 1999-2000 This was the time and place set for the public hearing on Commission Resolution No. 3306, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3306 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2000 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Youngman opened the public hearing. 08-16-99 - __.._____._._m_ ---- - n...___.__._.._._ .---- -....-- - 11 - City Manager Clark Johnson stated that the rates in this resolution reflect a 3-percent inflationary increase, which will result in an approximate $2.00 increase for a typical residential lot over last year's assessment. He reviewed the services to be provided by these assessments, including overlays, chip sealing, paving, graveling, grading, street milling, crack sealing and patching. He noted that much of this work is hand work and hard labor. He stated, however, that the City does not own a lot of equipment, so much of the work is contracted out. The City Manager reviewed other services provided, including sign installation and _ replacement, crosswalk maintenance, snow plowing and sanding, tape striping, painting curbs, maintenance of storm inlets and manholes, street sweeping, signal light maintenance, brush and leaf collection, maintenance of/ice chopping in Bozeman Creek and street closures for special events. He stated there are 134 miles of streets and alleys in the city; and the Street Department has twelve full-time employees to provide the services. He then reviewed the capital items acquired this past year, which include a sweeper, a vacuum sweeper and a flusher truck. He noted that this equipment was acquired through a CMAC grant, with the City contributing $48,000 for $362,000 in equipment. He indicated that CMAC monies can also be applied to traffic signals, and the City intends to use some of the monies to synchronize the traffic signals on Main Street and North 7th Avenue. He indicated that the City is now in the process of implementing a computerized pavement management program in addition to the geographic information system. He stated the new management program will rank streets by need and will assist in coordinating street improvements with the replacement of utility lines. Street/Sanitation Superintendent Roger Sicz characterized the purchase of three pieces of equipment for $48,000 as a great savings to the taxpayers. He stated that it is his intent to have every gravel street in the community paved over the next five years, through the use of recycled millings. He stressed that the millings can be used for residential streets only, since they cannot handle heavy truck traffic. He noted that, in conjunction with the paving of streets, some drainage improvements may be needed. Mr. William Davis, 307 South Bozeman Avenue, stated he is a member of the Bozeman . Property Owners' Association. He noted that nothing has been done on South Bozeman Avenue, except filling a few cracks. Last year, he was told overlaying was out of the question because too much maintenance is needed between East Olive Street and East Story Street; however, he noted it is now mid-August, and he has been informed no improvements will be made this year. He stated that the assessment goes up every year, yet no work is done except when he complains. He noted the street has had so little work done on it that the ties for the old street cars are still buried in the street, and concluded by asking when something will be done with his street. Mr. Joel DuBois, 1207 West Dickerson Street, stated it is nice for the City to pick up leaves and branches in the fall; however, he suggested that it publish the dates that the streets will be cleaned, instead of simply posting signs. He also suggested that a similar plan for snow removal could make that program more effective. Street/Sanitation Superintendent Sicz confirmed that Mr. Davis has called him. He noted Mr. Davis is correct that the street is falling apart; however, he noted the infrastructure under the ground needs to be replaced first. He stated that the pavement management program should help other departments coordinate their work with his department, thus providing better service to the residents without wasting money by tearing up recently improved streets. He characterized South 8th Avenue as being in similar condition to South Bozeman Avenue; and stated there are also others. . The Street/Sanitation Superintendent recognized that the snowplowing program could be improved. He noted, in fact, he still has a program that he submitted unsuccessfully approximately ten years ago, under which snow maintenance would essentially be done during regular business hours. He then stated that it takes a significant amount of policing to gain compliance with signage for street maintenance, since those signs are only temporary, and suggested that permanent signs and a routine could result in better compliance. Commissioner Smiley stated that, having grown up south of South Bozeman Avenue, she is aware of the sewer, water and street problems. She noted it is time for a coordinated 08-1 6-99 -- --~- .---.--- - 12 - effort to address these streets, and suggested that the City Manager be directed to oversee that coordination. Commissioner Rudberg stated she would like to hear more about the odd/even idea, recognizing that the result could be better compliance and ease of providing services. She then stated her appreciation for the snow route map published in the paper. She also voiced her support for the snow plowing priorities that are currently in place, realizing that residential streets may not get plowed when back-to-back storms occur. _ Commissioner Frost stated he feels Bozeman has some of the best street maintenance in the state, especially in the winter. Since there were no Commissioner objections, Mayor Youngman closed the pUblic hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3306, levying and assessing street maintenance district assessments for Fiscal Year 1999-2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - Commission Resolution No. 3307, levving and assessina tree maintenance district assessments for Fiscal Year 1999-2000 This was the time and place set for the public hearing on Commission Resolution No. 3307, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3307 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2000 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Youngman opened the public hearing. City Manager Johnson stated that under this resolution, a 5 % -percent increase is proposed, 3 percent for inflation and 2 % percent for equipment replacement. He stated that the result will be a 71-cent increase over last year's assessment for a typical residential lot. The services covered by this assessment include trimming of trees, removal of trees, and maintaining the tree survey, including values. He noted the value of the existing tree inventory is approximately $18 million, and it is important to maintain and manage this community asset. He briefly highlighted some of the benefits of tree maintenance, which include protecting the City's asset and providing trees for future generations, thus helping to ensure air quality, aesthetics and wildlife habitat. City Manager Johnson stated that replacement of the boom truck is anticipated in 2003, since the current truck will be 18 years old at that time, at an estimated cost of $143,000. . He noted a tree chipper that is pulled behind the boom truck is also scheduled for replacement, and a stump grinder was purchased last year. He indicated that other services provided by the Forestry Division include disposal of tree debris, removal of storm damaged trees, disposal of Christmas trees, composting of those materials which are ground, managing a nursery on the cemetery grounds, pest management, participating in the cost share program, and cooperating with utility companies on tree replacement. Responding to Commissioner Smiley, Forestry Foreman Ryon Stover stated that his division typically disposes of 60,000 pounds of Christmas trees each year. He noted that this year, rather than driving around picking up the Christmas trees, the City will create several 08-1 6-99 - 13 - disposal points where people can take their trees. He then indicated that in late October, his crews cleaned up 45,000 pounds of limbs as the result of storm damage. Commissioner Rudberg noted the recent tornado in Lewistown, where she witnessed crews sawing and grinding trees that had been 50 to 100 feet tall and the resulting loss of a community asset and shade for private properties. Responding to additional questions, Forestry Foreman Stover reviewed the cost share tree planting program, noting that his department identifies the species of trees to be planted e each year, in an effort to develop some diversity. He indicated that not every street has adequate right-of-way for a boulevard, although the vast majority do; and the cost share program provides for planting of trees in that area. He noted that the informational pamphlet stresses these trees are City trees, and the language regarding maintenance of those trees was designed to stop fly-by-night companies from topping trees. Mr. Joel DuBois, 1207 West Dickerson Street, stated the tree in front of his house has not been trimmed in ten years; and the tree on the South 13th Avenue side of his property was trimmed once in the early 1990s. He also noted that there were five branches down in his neighbor's yard at one time. In light of that history, he asked what the City's procedure is for trimming the trees. Mr. Jon Gerster, 719 North Wallace Avenue, stated he received information about an organization called the National Tree Trust, located in Washington, and suggested that obtaining starter stock from them could result in some cost savings. He also suggested that the development of a public/private partnership could get residents more involved in maintenance of the trees in front of their homes. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to Mayor Youngman, Forestry Foreman Stover stated not every tree in town . has been trimmed. He stated that a comprehensive tree trimming program was begun in 1991, with a specific area being identified and targeted each year. He noted, however, that this year, his department has been "'putting out fires" and has been doing work in many of the parks and for the Street Department. Superintendent of Facilities and Lands James Goehrung stated that the Forestry Division operates with two-person crews and is responsible for a large number of trees. He characterized them as fairly responsive, but noted that they cover a large area. He also noted that, in many instances, they work in complex situations because of traffic volumes and other activities, citing South Willson Avenue and Babcock Street as examples. He stated they are looking at ways to make the operation more efficient through the acquisition of different equipment. He indicated that they have been maintaining site triangles, but have been reticent to get into the hedge trimming business, although they recognize the need to make the sidewalks safer by eliminating those encroachments. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3307, levying and assessing tree maintenance district assessments for Fiscal Year 1999-2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . Public hearing - COA with deviations from Section 18.18.050. Bozeman MuniciDal Code. to allow new entry addition which encroaches 1 0 feet into reauired 25-foot front yard setback and allow modification of existina garage which encroaches 6 feet into reauired 8-foot side yard setback on lot 6. Block 8. Lindley and GUY'S Addition - Allan Dunayer and Christine JOY. 224 South Bozeman Avenue (Z-9995) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Allan Dunayer and Christine Joy under Application No. Z-9995, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow a new entry 08-1 6-99 _n___._un____. - 14 - addition which encroaches 10 feet into the required 25-foot front yard setback and to allow modification of an existing non-conforming garage which encroaches 6 feet into the requred 8-foot side yard setback on Lot 6, Block 8, Lindley and Guy's Addition. The property is more comonly known as 224 South Bozeman Avenue. Mayor Youngman opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that this application includes a variety of improvements to the existing residence, including an addition _ on the west end which encroaches into the front yard setback, addition of a roof over the deck, replacement of the roof, new skylights and remodeling of the garage. He stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's findings are contained in the written staff report. He noted that, as a result of that review, staff has found the work will not adversely affect the neighbors and will enhance the property and the neighborhood, and has recommended approval. Mr. Allan Dunayer, applicant, indicated a willingness to respond to questions. Mr. Bill Davis, 307 South Bozeman Avenue, stated he thinks this application will result in enhancing the property and he supports it. No one was present to speak in opposition to the requested deviations. Since there were no objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness requested by Allan Dunayer and Christine Joy under Application No. 2-9995, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow a new entry addition which encroaches 10 feet into the required 25-foot front yard setback and to allow modification of an existing non-conforming garage which encroaches 6 feet into the required 8-foot side yard setback on Lot 6, Block 8, . Lindley and Guy's Addition, subject to the following conditions: 1. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 2. 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 Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearinQ - variance from Section 16.16.010.H.. Bozeman Municipal Code. to allow Allison Subdivision. Phase II. to be constructed as a 24-lot single-familv residential subdivision without a secondary access in the NE* and SE*. Section 24. T2S. R5E. MPM - David Jarrett for Bon Ton. Inc. (south side of Morning Star School) (P-9926) . This was the time and place set for the public hearing on the variance from Section 16.16.010.H. of the Bozeman Municipal Code, as requested by David Jarrett for the Bon Ton, Inc., under Application No. P-9926, to allow Allison Subdivision, Phase II, located in the Northeast one-quarter and Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, to be constructed as a 24-lot single-family residential subdivision without a secondary access. The subject property is located along the south side of Morning Star School. Mayor Youngman opened the public hearing. 08-1 6-99 ---.-.--.-...- - 15 - Assistant Planning Director Debbie Arkell presented the staff report. She stated this request for variance accompanies an application for a proposed subdivision, and is needed since the applicant proposes a 24-lot subdivision without a secondary access. She stated this subdivision is part of a 120-acre parcel which was annexed in 1980. She noted that Morning Star School lies to the north, and is the first development on this parcel; and a four-lot single- family residential subdivision was recently approved, making this the third portion of the property to be developed. The Assistant Planning Director stated that, because of the shape of the subject parcel _ and the location of this proposed phase, 2,700 square feet of road would be required to provide the secondary access to the subdivision. She noted that South 11 th Avenue is to be extended southward from Kagy Boulevard within the next few years, and West Graf Street is to be extended from South Third Avenue to South 11th Avenue to enhance the major transportation loop in that area. She stated that extending those roadways at this time, at either a collector or arterial status, would be cost prohibitive. She recognized that a local street could be required to provide the secondary access; however, until the entire subdivision is engineered and the location of the water and sewer lines determined, that may be premature. Assistant Planning Director Arkell stated that staff has reviewed this application in light of the criteria set forth in the subdivision regulations, and their comprehensive findings are contained in the written staff report. She noted that concerns identified include the additional traffic on Westridge Drive, since there is to be only one way in and one way out if this variance is approved. It was suggested that, with a secondary access to West Arnold Street, traffic impacts could be lessened on Westridge Drive. She stated that, after considering those concerns, staff has forwarded a recommendation for approval of this variance, finding that requiring the secondary access would create an undue hardship on the applicant, and approval will not result in detriment to the community. She noted that staff has also found this request meets the four criteria for consideration of subdivision variances. She indicated that discussions with the City Engineer regarding the impact that traffic from this subdivision might have on the intersections of South Third Avenue with West Graf Street and Wagon Wheel Road revealed this 24-lot residential subdivision will not have any negative impacts on the . transportation facility. She stated that, if the Commission chooses to grant this variance, it may impose conditions, although staff has not identified any issues at this time that cannot be addressed during the subdivision review. Mr. Dave Jarrett, 3309 Sundance Drive, applicant, stated it would be a considerable hardship to construct the secondary access at this time, since it would require the extensions of both West Graf Street and South 11 th Avenue. He noted, in fact, that the bank would not loan the monies for the project; and the subdivision would be unable to proceed. He concluded by indicating a willingness to respond to questions. City Manager Johnson noted the applicant has allowed people to use a trail through the current hayfield as part of the Gallagator Trail. He asked how the linear trail is to be accommodated with this development, and whether an easement will be provided. Mr. Jarrett stated that the trail along the bottom of the creek is an agreed-upon part of the trail; and the School District has dedicated that portion of the trail along the south side of the school. He anticipates the trail will follow along the easement for water and sewer, then follow sidewalks to South Third Avenue and then along South Third Avenue. Assistant Planning Director Arkell stated that during pre-application for the subdivision, the issue of parkland must be addressed with the Recreation and Parks Advisory Board. She . noted that staff is proposing a 6-acre park, possibly at South 11 th Avenue, and dedication of the wetlands that the school uses for its studies and the trail along the creek. City Manager Johnson asked what will trigger the need for construction of South 11 th Avenue and West Graf Street. Assistant Planning Director Arkell responded that update of the transportation plan will help to address that question. She suggested, however, that no further development should be allowed on this 120-acre parcel without a secondary access. 08-1 6-99 ....---- ----- .-- -- ------- -- .. ---".----.----- - 16 - Mr. Jarrett stated that conversations with representatives from Montana State University indicate they are amenable to the southward extension of South 11th Avenue. He suggested that the development of other properties in the immediate area, including Mr. Boylan's property along the west side of South 11 th Avenue, could impact the timing. He estimated that South 11th Avenue will be extended within the next five to six years. Responding to Commissioner Frost, the Assistant Planning Director stated that the City Engineer reviewed the transportation studies when determining that this subdivision will not have negative impacts on South Third Avenue or its intersections. e Commissioner Frost voiced his continued concerns about traffic impacts. particularly in light of the concerns that have been identified when other subdivisions further to the south have been considered. Mayor Youngman stated she is not willing to support this requested variance until she sees the level of service information and some conditions have been identified to ensure that that information is verified prior to proceeding with the subdivision. She is also concerned about the point at which construction of South 11 th Avenue will be triggered, suggesting that issue should be addressed in both this action and the subdivision review. She voiced her concerns about piecemeal development of this large parcel, the safety of the children attending the school, and the traffic problems encountered at school time. Commissioner Frost stated that waivers don't seem to work well; and he wants to take steps to ensure that construction of South 11 th Avenue becomes mandatory at a specific point. Responding to the concerns voiced by various Commissioners, Mr. Jarrett stated he understands their concerns. He stated it was his impression when other developments to the south were being considered, it was with the understanding that traffic generations at near the maximum amount for this 120 acres were figured into the traffic generations. . Assistant Planning Director Arkell responded that the sewer projections for that area include the subject 120-acre parcel, but indicated she is unsure about the traffic projections. Commissioner Rudberg expressed her concern that these issues should have been raised at last week's meeting, so the necessary staff people could be present and have suggested conditions to address them. Commissioner Smiley suggested that the questions and issues raised may not necessarily affect development of this subject parcel, but may trigger further development of the property. Mayor Youngman stated she wants a park plan for the entire subdivision as well as a traffic plan, stating she does not want to create another Babcock situation without an identified solution. Since there were no objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the decision on this requested variance be tabled until September 7, to give staff an opportunity to address the questions raised and develop some proposed conditions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. . Public hearing - reauest for modification of Condition No. 13 for Rose Park Subdivision. to allow OCCUDancv of six four-Dlex structures Drior to the traffic signal at the intersection of West Oak Street and North 19th Avenue being fullv oDerational - Rose Park Holdinas. LLC (south side of West Oak Street. west of Brentwood Subdivision) (P-9917A) This was the time and place set for the public hearing on the request for modification of Condition No. 13 for Rose Park Subdivision, as requested by Rose Park Holdings, LLC, under 08-1 6-99 .. ..-.--..- .._._ n___ ___._______ - 17 - Application No. P-9917 A, to allow occupancy of six four-plex structures prior to the traffic signal at the intersection of West Oak Street and North 19th Avenue being fully operational. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a letter from Morrison-Maierle, Inc., dated August 4, requesting that consideration of this item be postponed to September 20. City Manager Johnson noted that, distributed just prior to the meeting, was a letter of _ withdrawal from the applicant, dated August 15. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of the letter of withdrawal, as submitted by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearina - reauest for modification of Condition Nos. 13. 14 and 20 for Bridger Peaks Town Center Subdivision. to allow construction on all lots Drior to the traffic signal at the intersection of West Oak Street and North 19th Avenue being fully oDerational - Bridger Peaks. LLC (north side of West Oak Street and east side of North 19th Avenue) (P-9918A) This was the time and place set for the public hearing on the request for modification of Condition Nos. 13, 14 and 20 for Bridger Peaks Town Center Subdivision, as requested by Bridger Peaks, LLC, under Application No. P-9918A, to allow construction on all lots prior to the traffic signal at the intersection of West Oak Street and North 19th Avenue being fully operational. Mayor Youngman opened the public hearing. . Associate Planner Chris Saunders presented the staff report. He reminded the Commission that Bridger Peaks Town Center Subdivision is an 11-lot major subdivision for commercial uses located on 21.5 acres at the northeast corner of the intersection of West Oak Street and North 19th Avenue. This application is to amend three of the conditions of original approval. Associate Planner Saunders stated that staff has reviewed this application in light of the criteria contained in the subdivision regulations, and the staff's comprehensive findings are contained in the written staff report. As a result of that review, staff concluded the traffic generated by development of this site will be significant and that the traffic signal must be in place prior to occupancy of any of the structures. Associate Planner Saunders stated that the Development Review Committee considered this request and, as a result of discussion, developed revised conditions which are acceptable to staff. He noted those include a revision to Condition No. 13, to allow for permits for foundations only for lots subject to the letting of the bid for street improvements and full building permits when the traffic signal is operational. He noted this addresses the needs of the applicant to respond to the short construction season while preserving the public health, safety and welfare. The Associate Planner noted that staff has received three letters of opposition, all from . residents of Brentwood Subdivision; and those letters have been forwarded to the Commission. Responding to Commissioner Frost, the Associate Planner indicated that a building permit with restrictions is issued when foundations only are authorized. He then stated that under the original approval, construction on four lots in the planned unit development could be started prior to completion of the traffic signal, and that construction is currently in progress. He then indicated that the contract for the traffic signal is to be let this fall, with the project to be completed by December 31 and the signal operational on January 1. 08-1 6-99 -.- . .----- - __..___ u._ _.___. . - 18 - Mr. Keith Belden, Morrison-Maierle, withdrew the requested modification to allow the issuance of full building permits, stating the applicant has determined that would be premature. He noted, rather, the applicant is willing to accept staff's recommendation to allow issuance of permits for foundations only. Mr. Belden provided a brief background on the development of this corridor, including the projects that have been recently approved and undertaken and the conditions attached to several of them. He noted those conditions include improvements to the intersections of both North 19th Avenue and Baxter lane and North 19th Avenue and West Oak Street. He stated _ that a review of the history of this corridor also revealed the need for addressing the improvements on an overall basis, rather than on a piecemeal basis. He indicated that his firm has been working diligently with the Montana Department of Transportation on the development of plans and specifications for those improvements. Responding to City Manager Johnson, Mr. Belden stated he has talked to the Montana Department of Transportation about the cost estimates for this project and, given the shortfall in funding, he feels it is premature to get the developer agreement signed. Mayor Youngman expressed concern that the tendency of developers along North 19th Avenue is to ask for more and more, and she is concerned about approval of a foundation only permit that may lead to future requests. Mr. Belden recognized the Mayor's concerns. He noted, however, that even if the traffic signal at the intersection of West Oak Street and North 19th Avenue is not operational until early spring, it should not cause any problems because occupancy of the major building in this development is not anticipated until March 1. Since there were no objections Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the request for modification of Condition Nos. 13, 14 and 20 for Bridger . Peaks Town Center Subdivision, as requested by Bridger Peaks, lLC, under Application No. P-9918A, to allow construction on all lots prior to the traffic signal at the intersection of West Oak Street and North 19th Avenue being fully operational, so that those conditions shall read as follows: 13. Prior to filing of any plat, the intersection improvements and signalization of the intersection of North 19th Avenue and West Oak Street to bring the level of service of the intersection to a level "C", considering a 15-year design timeframe, shall be financially guaranteed or constructed. Prior to issuance of temporary or permanent occupancy of any buildings, the improvements and signal shall be in place and operational. Building permits for Lots 2, 5 8 and 11 may be issued if the intersection geometric improvements and signalization are financially guaranteed. Building permits, for foundations only, for all other lots may be issued when the intersection geometric improvements and signalization are financially guaranteed and the contracts for construction of the geometric improvements have been signed by all parties. Full building permits for all other lots may be issued when the intersection geometric improvements and signalization are completed, accepted and the traffic signal is operational. . 14. West Oak Street shall be widened to include a second westbound lane and curb and gutter in accordance with plans available from the office of the City Engineer for the full length of the property prior to filing of the final plat for Phase J. The developer's engineer shall provide for the design of the storm drainage facilities for the widening. The applicant may choose to financially guarantee these improvements. Buildings shall not receive temporary or permanent occupancy until such time as the improvements are completed and accepted by the City and the Montana Department of Transportation. 08-16-99 - 19 - 20. Prior to the issuance of temporary or permanent occupancy permits for any building, all improvements required for Phase I and Phase " of the subdivision shall be constructed and operational, including (1) water and sewer main extension, (2) public/private streets, curb/gutter, sidewalks and related storm drainage infrastructure and (3) intersection and signalization improvements to the intersection of West Oak Street and North 19th Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner _ Frost. Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No. none. Break - 9:10 to 9:15 D.m. Mayor Youngman declared a break from 9: 1 0 pm. To 9: 15 p.m., in accordance with Commission policy. Public hearina - Zone Code Amendment - Michael W. Delanev M to amend Section 18.32.010.B.. Bozeman MuniciDal Code. to eXDand the "core area" of the central business district to include one-half block on each side of Main Street between Rouse Avenue and Broadwav Avenue and amend the reauired off-street Darkina for permitted uses (Z-9991) This was the time and place set for the public hearing on the Zone Code Amendment requested by Michael W. Delaney under Application No. Z-9991 , to amend Section 18.32.010.B. of the Bozeman Municipal Code to expand the "core area" of the central business district to include one-half block on each side of Main Street between Rouse Avenue and Broadway Avenue and to amend the required off-street parking for permitted uses, as contained in Section 18.50.120.F. . Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated that under this application, the "B-3", Central Business, district is to be expanded to include one-half block on each side of East Main Street between Rouse Avenue and Broadway Avenue. Also, under this application, the parking requirements for all permitted uses, except residential uses, are to be amended to require one parking space per 450 square feet of gross floor area. The Assistant Planner noted the core downtown area generally houses high volume pedestrian uses on the lower levels, with lower volume pedestrian uses on the upper levels. She reminded the Commission that, in 1977, a special improvement district was created to fund parking improvements in the downtown area; in 1994, the Commission established a downtown area urban renewal district; in 1995, an urban renewal plan was adopted; and in 1998, the downtown improvement plan was adopted. She stated that plan includes specific projects, including parking improvements and establishment of a downtown parking management plan. Assistant Planner Berger stated that staff has reviewed this zone code amendment in light of the twelve criteria established in the Montana State statutes, and the staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and concluded by forwarding staff's recommendation for denial. She stated the City- . County Planning Board conducted its public hearing on this application at its July 20 meeting and, following consideration of the criteria, staff findings and public testimony, concurred in staff's recommendation for denial. Mr. Michael Delaney, applicant, submitted a letter of support from MacKenzie River Pizza. He indicated that he has a goal for the subject property and the downtown, cautioning that, with the changes taking place on North 19th Avenue, steps must be taken to ensure the downtown does not die. He stated this zone code amendment will help potential building owners, developers and retail merchants. He noted that several improvements are being undertaken in the downtown area, citing the First Security Bank and American Bank East as 08-1 6-99 - 20 - examples, and stressed the importance of aggressively pursuing improvements along the East Main Street corridor to eliminate the eyesores around Lindley Park. He noted that encouraging high volume pedestrian traffic in the downtown will help to ensure that it remains healthy, and stated that is one of the characteristics which will continue to separate it from the North 19th Avenue corridor. Mr. Delaney noted that the zone code currently requires one parking space per 250 square feet of floor space, noting those code requirements are the same as for businesses along North 19th Avenue. He suggested that this is illogical because of the pedestrian friendly e atmosphere that is desirable and essential for a successful downtown area. He stated that, while business owners have paid into the cash-in-lieu fund for parking spaces, no additional spaces have been provided; and the result has been increased costs. He also noted that the renovation and rehabilitation of older buildings, as well as providing handicapped access, can be very costly; and steps must be taken to encourage development in the downtown. Mr. Delaney stated he is in the process of seeking approvals to convert the structure at the northeast corner of East Main Street and North Wallace Avenue into a restaurant and pool hall; and the Planning staff has determined 78 parking spaces will be required. He noted that the current zone code requirements for parking are very difficult to use, and indicated that his proposal to simplify the code and change the requirements from generally one parking space per 250 square feet to one space per 450 square feet of floor area is in everyone's best interests. He concluded by encouraging Commission approval of application, noting he has received many endorsements and no objections from the general public. Mr. Chris Pope, downtown property and business owner, stated he has been in business since 1992. He noted that, as a Bozeman citizen, he is proud of the downtown and recognized that many people work to keep it healthy. He indicated the East Main Street area has been foresaken over the years, partly because of environmental challenges, and it is now ripe for improvement. Mr. Pope stated that Mr. Delaney's proposal for development falls into the spirit and . details of the improvement plan that has recently been adopted. He noted the downtown property owners and the urban renewal plan did not support the recent increase of the cash-in- lieu payment to $5,000, and cautioned that, as a result, businesses can no longer afford to locate in the downtown or expand. He concluded by noting that congestion should be encouraged in the downtown, stating the result will be people parking their cars and walking. Mr. Jon Gerster, 719 North Wallace Avenue, characterized downtown Bozeman as a "rare and precious gem". He stated that he has not observed the parking problems about which he has read in the newspaper and, in fact, shops in the downtown area as much as possible. He noted Historic Preservation Officer Strahn has observed that historic buildings need to evolve to remain useful, and recognized this zone code amendment could help to foster that re-use. He concluded by recognizing it is difficult to go against staff and advisory board recommendations, but asked the Commission to give careful consideration to this application. Mr. Christopher Nixon, 719 North Wallace Avenue, stated his concurrence with Mr. Gerster's comments. He voiced his excitement about the projects currently underway along East Main Street, and noted he has not encountered parking problems in the downtown. He concluded by encouraging Commission approval of this application. Commissioner Smiley stated she feels it is important to expand the downtown area, as proposed. She noted that encouraging density is important to the health of the downtown, and . noted she has not had any problems in parking downtown. Commissioner Frost stated his concurrence with the staff findings. He suggested that a "B-3" zoning designation with reduced parking could, with decreased setbacks, allow for higher densities and add population to the area. He recognized that expanding the core area of the downtown might be appropriate, but suggested that more encouragement should be given for residences on floors above the ground level. Commissioner Rudberg stated she has always been able to find a parking space in the downtown area. She indicated that she does not believe the North 19th Avenue corridor will 08-16-99 - 21 - have a negative impact on the downtown, noting that type of development is significantly different from the downtown. She noted that she wants to support this application but, to do so, she feels it is imperative for various agencies, including the Downtown Bozeman Association, the Downtown Improvement District Board, the Parking Commission, the Planning Board and the Chamber of Commerce, to sit down and talk about the downtown. She suggested that attracting people to the historic downtown area should include signs identifying the history. She noted that she would like to see this meeting occur within the next thirty days. - Since there were no objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Zone Code Amendment requested by Michael W. Delaney under Application No. Z-9991, to amend Section 18.32.010.B. of the Bozeman Municipal Code to expand the "core area" of the central business district to include one-half block on each side of Main Street between Rouse Avenue and Broadway Avenue and to amend the required off- street parking for permitted uses, as contained in Section 18.50.120.F., and authorize and direct staff to bring back an ordinance amending the zone code to expand the core area and amend the parking requirements to one space per 450 square feet of gross floor area, contingent upon aproval of a zone map amendment changing the zoning from "B-2" to "B-3" on the property at the northeast corner of the intersection of East Main Street and North Wallace Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Adjournment - 10:03 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. ~/j~ MARCIA B. YOUN M N, Mayor ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission . 08-1 6-99