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HomeMy WebLinkAbout1996-08-19 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 19, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 19, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent in compliance with Section 7-3-4322(2), M.C.A. 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 - Julv 29. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meeting of July 29, 1996, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Discussion ra crooosed oroaressive fine structure for Darkina tickets Mr. Tim Fitzgerald, Chair of the Parking Commission, stated their group has discussed parking in the downtown area extensively, and has sought input from the downtown business people. He noted that the downtown merchants would like to see a greater turn-over in parking stalls, on the streets as well as in the parking lots. He stated that the Parking Commission received input from other communities in Montana where a progressive fine structure has been . enacted, and their proposed fees lie in the mid range of communities surveyed. He stated that the first ticket is to be complementary, with the progressive fine structure being enacted thereafter. Mr. Fitzgerald suggested that this new fine structure be implemented with the new handheld ticket writers. He stated that under the proposal, tickets over ninety days old would revolve off the system, and the fine assessed would be based on the information in the ticket 08-19-96 - 2 - writer. He suggested that the proposed fine structure should do more to deter repeat offenders than the present $2.00 per ticket structure which is in place. He indicated that this program would be initiated in the B-3, Central Business, District and could possibly be expanded to all two-hour parking areas and parking districts if determined desirable. . Responding to Mayor Stueck, Mr. Fitzgerald stated that the Parking Commission does rent a small percentage of the parking spaces on a monthly or annual basis, and those spaces are typically rented by business owners and employees. He noted that only four of those spaces are available for lease at the present time. He stated that one of the issues of concern is having people other than the lessees park in those spaces because the only remedy currently available is ticketing the vehicle. He indicated that towing agencies hesitate to tow those vehicles because of the liability exposure. He suggested that a higher fine for those spaces which have been rented on a long-term basis, such as $25.00, could serve to deter improper parking. The Commissioners thanked Mr. Fitzgerald for his presentation, noting their willingness to address the parking fine structure as quickly as possible. . Preliminary Dlat review for Alderson Street Condominium PUD - Clair Daines - to create 12 condominium units on a 2.0-acre parcel described as lot 2. GUY'S Second Addition (125 East Alderson Street) (P-9631) This was the time and place set for review of the preliminary plat for the Alderson Street Condominium Planned Unit Development major subdivision, as requested by Clair Daines under Application No. P-9631, to create 12 condominium units on a 2.0-acre parcel described as Lot 2, Guy's Second Addition. The subject property is more commonly known as 125 East Alderson Street. Senior Planner Dave Skelton presented the staff report. He stated that the subject property is located south of Dell Place at the eastward extension of East Alderson Street. He noted that the subject property is zoned R-3a, Residential-- Two-family, Medium-density, . District, which complies with the Bozeman Area Master Plan. He indicated that this project was previously approved as a 12-unit apartment development and, under this application, the 12 units are to be converted from apartments to condominiums. He stressed that the configuration of the project, which includes six duplexes, will not change. He stated that, to date, East Alderson Street has been extended to South Black Avenue, as a city-standard street; 08-19-96 - -- ---- - 3 - the water system has been looped between East Alderson Street and Dell Place; and the sanitary sewer main has been extended to the subject property. He indicated that those improvements have all been constructed, inspected, certified and accepted by the City. The Senior Planner reminded the Commission that in October 1994, it overturned the . Planning Board's decision to deny the major site plan for this project, and approved it subject to 24 conditions. Condition No. 20 of that approval required, "If a determination is made that subdivision regulations apply to this development, the proposal shall be subject to review in accordance with applicable subdivision and platting regulations contained in Title 16 of the Bozeman Municipal Code, prior to final site plan approval." He stated that, in a memo dated February 2, 1995, the City Attorney forwarded his determination that the subdivision regulations apply to condominium developments within the City's jurisdictional area. He noted that, even though the plat for a condominium development is to be recorded at the Clerk and Recorder's Office, it is still considered in light of the criteria established for review of subdivisions. Senior Planner Skelton stated that the applicant has requested that this preliminary plat . be reviewed as a subdivision planned unit development, which provides a mechanism for relaxation of design standards. In this instance, that relaxation applies to the private street which provides access to the six duplex units, allowing that street to be constructed at less than city standards. The Senior Planner stated that staff reviewed this application in light of the six criteria established in the Montana Subdivision and Platting Act; and the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He stated that the City-County Planning Board considered these criteria and the staff's findings during its public hearing on August 6 and, following its public hearing, concurred in staff's recommendation for approval, subject to nine conditions. Senior Planner Skelton stated that one of the issues discussed during the Planning . Board's meeting pertained to open space. He noted that 30 percent open space is required. and one of the recommended conditions is that 50 percent of that required open space be in common ownership of the homeowners' association. He indicated that there was substantial public testimony during the public hearing; and issues raised include sewer capacity, seasonal flooding, high groundwater and the location of the trail. He noted that other issues raised 08-19-96 -.---- - - 4 - included setbacks, density and landscaping; however, he cautioned that those are not applicable in a subdivision review. He stated that, under the original proposal, the trail was to essentially remain in its historic location; however, under one of the conditions of approval, the trail was relocated to the eastern boundary of the property. He noted that the applicant has . been working with Chris Boyd, Gallatin Valley land Trust, to relocate the trail to the center of the property, and the general location of the traditional alignment. He noted that under the conditions forwarded by the Planning Board for this application, that realignment would be accommodated. The Senior Planner stated that, in a memo dated August 19 which was distributed just prior to the meeting, he has forwarded a recommended additional condition which results from a meeting with the developer on August 9, pertaining to protection of the mature willow trees near Building No.3. He noted that, attached to that memo, are copies of the original notice, as published with a typographical error, and the corrected notice which was subsequently published. Commissioner Stiff asked if the applicant has agreed to the additional condition. . Mr. Clair Daines, applicant, noted that under the approval previously given, he may construct the six buildings as proposed. He noted that considerable concern has once again been raised about the capacity of the sewer lines in that area. He noted, however, that the studies of the sewer mains have consistently revealed that an additional 500 residents could be served by those lines, and estimated that after this development, capacity would remain to serve 425 additional residents. Mr. Daines stated, during installation of the water and sewer mains, he was surprised that the only groundwater encountered in May was about 9 to 10 feet below the surface, at the corner of the furthest building location. He recognized that a continuing problem encountered in that area is flooding caused by beaver dams. . Mr. Daines indicated that no one was happy with the realignment of the trail to the eastern property boundary. He noted that relocating it to its traditional alignment seems appropriate, assuring the Commissioners that on that alignment, it will not infringe on the privacy of the residents. He also noted that a portion of it will be located in a nice grove of trees, which provides an attractive setting for the users of the trail. 08-19-96 ---- ---- ..--- - 5 - Mr. Clair Daines stated that he has had the mature willows near Building No.3 trimmed. He noted that they are now much more attractive, and the arborist has assured him that the trees are salvageable. He responded to Commissioner Stiff's question by assuring the Commission that he is willing to accept the additional recommended condition. . Responding to Mayor Stueck, City Attorney Luwe indicated that the error in the original published notice does not compromise this process, particularly since the public hearing was held before the City-County Planning Board; and the date of that hearing was correct in the original publication. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the preliminary plat for the Alderson Street Condominium Planned Unit Development major subdivision, as requested by Clair Daines under Application No. P-9631, to create 12 condominium units on a 2.0-acre parcel described as Lot 2, Guy's Second Addition, subject to the following conditions: 1. That the final plat conform to the Uniform Standards for Final Subdivision Plats, including the Certificates of Installation of Improvements, Planning Director and Governing Body, and be accompanied by all appropriate . documents; 2. That the Declaration and By-Laws for the Alderson Place Condominium Homeowners' Association be amended according to the recommendations as follows: a) Define and delineate on an attached exhibit all areas to be designated as "Common Open Space" for use by the Homeowner's Association; b) Reference and identify the location of the following easements: 1 ) Ten (10) foot wide water right diversion easement from Mathew Bird Creek to the Kenneth and Mary Bryson property to include the legal description; and 2) Ten (10) foot wide public pedestrian easement, to include the legal description. c) Reference the following boundaries and building setbacks: 1 ) 100-year flood plain boundary for Mathew Bird Creek; 2) 35-foot stream setback for Mathew Bird Creek; and 3) Existing wetlands boundary. . d) Provide in the declaration of the Homeowners' Association provision for the assessment and general maintenance, repair, upkeep and management of: 1) common open space; 2) private street; 3) snow removal and storage areas for private street; 4) pedestrian sidewalks, boardwalk, streetscape for private street, and landscaping. 3. That the developer work with planning staff to redirect the trail along its historic lines and ensure an adequate footbridge across Mathew Bird Creek; 08-19-96 - ------.- ----.. ----------- .... - 6 - 4. That the final plat and Homeowners' Association documents delineate and describe the location of the prescribed thirty percent (30%) open space and fifteen percent (15%) "common open space" for review and approval by the Planning Office prior to final plat approval; 5. Preliminary plat approval does not exempt the applicant from impact fees established at an earlier date which are based on final site plan approval . and issuance of a building permit(s) to proceed with the project. Final approval shall be subject to any impact fees for each condominium structure which is implemented through issuance of building permits after September 22, 1996; 6. That the mature willow trees identified on the final site plan, which are in proximity to Building No.3, not be removed from the site unless the applicant can demonstrate that they cannot be salvaged by providing the Planning Office with certification from a certified arborist stating that they will nor survive and should be removed prior to final plat approval; 7. A building permit shall be obtained prior to construction of structures and must be obtained within one (1) year of final plat approval: 8. Within sixty (60) days of final completion of all site work, the applicant's licensed architect or engineer overseeing the project shall certify to the City-County Planning Office that all improvements have been completed in accordance with the approved final site plan and final plat; 9. If occupancy of anyone condominium structure is to occur prior to installation of all on-site 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; and 10. The applicant shall have three (3) years from the date of preliminary plat approval to complete the above conditions and apply for final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost. Ordinance No. 1425 - Zone MaD Amendment - PlI and B-1 to R-O - portion of Tract 2. COS No. 1846. and Dortion of Tract A. COS No. 1872 (south of West Babcock Street and west of Ferguson Road) (Z-9528) Previously distributed in the Commissioners' packets was a copy of Ordinance No. . 1425, as approved by the City Attorney, entitled: ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "PLI" (PUBLIC LANDS AND INSTITUTIONS) AND "B-1" (NEIGHBORHOOD SERVICE) DISTRICTS TO "R-O" (RESIDENTIAL--OFFICE) DISTRICT ON APPROXIMATELY 25 ACRES OF LAND lOCATED IN PORTIONS OF TRACT 2 OF CERTIFICATE OF 08-19-96 - 7 - SURVEY NO. 1846 AND TRACT A AND B OF CERTIFICATE OF SURVEY NO. 1872. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this ordinance at their meeting of August 5, and recommended that it be finally adopted at this .time. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1425, amending the zoning from "PU" and ."B-1" to "R-O" on approximately 25 acres of land located south of West Babcock Street and west of Ferguson Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Ordinance No. 1426 - Zone Map Amendment - AS to B-1 - 8.37 acres located in the NE%. Section 17. T2S. R5E. MPM (5391 and 5393 Gooch Hill Road) (Z-9621) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1426, as approve~ by the City Attorney, entitled: . ORDINANCE NO. 1426 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICUL TURAL SUBURBAN) TO "B-1" (NEIGHBORHOOD SERVICE) ON 8.37 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOOCH HILL ROAD AND U.S. HIGHWAY 191. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their meeting on August 5, and recommended that it be finally adopted at this time. City Attorney Luwe noted that, subsequent to provisional adoption of this ordinance, staff discovered an error in reporting of the Planning Board's recommendation on this item, as contained in the third "Whereas"; and the ordinance has been revised to accurately reflect that . recommendation. He then provided alternative language for Commission consideration, as proposed by the Planning Director. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1426, as amended, amending the zoning from "AS" to "B-1" on 8.37 acres located at the southwest corner of the intersection of Gooch Hill Road 08-19-96 ....-- - ..----- - 8 - and U.S. Highway 191. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. . Commission Resolution No. 3137 - revisina and re-establishing aoals and Dolicies for annexation of orooerties into the city Included in the Commissioners' packets was a copy of Commission Resolution No. 3137, entitled: COMMISSION RESOLUTION NO. 3137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING AND RE-ESTABLlSHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERSEDING COMMISSION RESOLUTION NO. 2716. City Manager Wysocki reviewed the changes in the annexation policy, as reflected in the shading and strike-outs in the resolution. He noted that these revisions are the result of Commission discussions and staff comments. Mayor Stueck noted reminded the Commission that, at last week's meeting, . Commissioner Youngman had requested a postponement on adoption of this resolution, depending on the public comment received at this meeting. Mayor Stueck opened the meeting for public comment; no one was present to speak and no written comment had been forwarded. Mayor Stueck expressed concern about the addition to POlicy No.6, as forwarded by the Planning Board, and asked if that language should be amended. Following discussion, it was determined that the language needs no revision. City Attorney Luwe asked if the Commissioners wish to make this policy retroactive, noting that if they do not make it retroactive, it will apply only to those applications received after the policy is adopted. The Commissioners concurred that all applications filed prior to adoption of this pOlicy . should be reviewed under the policy contained in Commission Resolution No. 2716. Following a brief discussion, the Commissioners concurred that since there has been no public comment and since notice provisions have been included in this resolution, it would be appropriate to act on the policy rather than delaying the decision. 08-19-96 --..----..- . - .... -------..-- -.,..~ - 9 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 3137, revising and re-establishing the goals and policies for annexation of properties to the city. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner . Rudberg and Mayor St~eck; those voting No, none. DeDository Bonds and Pledged Securities as of March 31. 1996 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Rudberg have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Pledged Securities as of March 31, 1996, listed as follows: . DEPOSITORY BONDS AND SECURITIES MARCH 31, 1996 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Sub-Total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 180001290 $ 300,000.00 Newton, IA Bonds SRS 1989 9.50 06/01/1998 180001284 150,000.00 Canton,TX, Indpt SID Rfdg Bond 5.65 02/15/2000 180001293 345,000.00 Cowlitz Cnty WA SID #401 6.30 06/01/2000 180001295 290.000.00 Sub-Total - Trusteed bonds and securities $ 1,085,000.00 . Pledoino Amendment to Repurchase Aoreement: Trusteed with American Bank, N.A.: Fed Home Loan Banks floater 07/28/1997 180001212 $ 1,000,000.00 Fed Home Loan Banks floater 05/21/1999 180001216 1.000,000.00 Sub-Total - Repurchase Agreement $ 2.000.000.00 TOT AL - First Security Bank - Bozeman $ 3,185,000.00 08-1 9-96 -------- - 10 - This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 1996, by the banks of Bozeman and approve and accept the same. . DON E. STUECK, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner ALFRED M. STIFF, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Decositorv Bonds and Pledged Securities as of June 30. 1996 . In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Rudberg have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Pledged Securities as of June 30, 1996, listed as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30, 1996 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK ~ Bozeman . Federal Deposit Insurance Corporation $ 100.000.00 TOT AL - First Security Bank - Bozeman $ 100.000.00 AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 1 00.000.00 Sub-total - FDIC $ 100,000.00 08-19-96 ____. ____..__ .n_. __.. _..___... ---- - 11 - Trusteed with American Bank, N.A.: U.S. Treasury Note 6.00 08/31/1997 182005092 $ 1,000,000.00 Federal National Mortgage Association 8.65 02/10/1998 182007113 200,000.00 Federal National Mortgage Association 5.05 03/14/1997 182007114 500,000.00 . Federal Home Loan Bank 5.72 03/18/1998 182007117 500,000.00 Federal Home Loan Bank 5.69 03/25/1998 182007118 300,000.00 Federal Home Loan Mortgage Corp 5.36 03/28/1997 182007119 500.000.00 Sub-total - Trusteed bonds and securities $ 3,000.000.00 TOT AL - American Bank - Bozeman $ 3,100,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1996, by the banks of Bozeman and approve and accept the same. DON E. STUECK, Mayor . JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner ALFRED M. STIFF, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (11 Letter from Robert G. Tudor, 515 Flathead Avenue, dated August 8, regarding the City's budget for the upcoming fiscal year. (2) Copy of the legislative issues he had identified as a result of last week's meeting. The City Manager asked that the Commissioners forward any revisions or comments as soon as possible, since he will be attending a Legislative Committee meeting in Helena on Wednesday. 08-19-96 -----. - ..._..~---_.__._._"..._-~~--_..._.... -.--. - 12 - (3) Letter from Torlief S. Aasheim, 517 West Koch Street, dated August 9, thanking the City crews for their efforts to address street problems near his home. (4) Notice of the Public Involvement Process Handbook, which is now available for review from the Montana Department of Transportation. . (5 ) Copy of the Transportation Projects Status Update for August 1996, as submitted by City Engineer Craig Brawner. (6) Invitation from the Bozeman Area Chamber of Commerce to participate in "Operation Thank You!", which is scheduled from noon to 5:00 p.m. on Thursday, August 29. (7) Copy of the Attorney General's opinion regarding multi-jurisdictional library service districts. (8) Copy of the final report prepared by the Bozeman City Government Study Commission, adopted on August 13, 1996. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 20, at the Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 . a.m. on Tuesday, August 20, in the Commission Room. (11 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 20, in the Commission Room. ( 12) The City Manager submitted his weekly report, as follows. (1) Stated that the City's tree trimming crews worked on South Grand Avenue last week. They also went to Mr. McKay's house and trimmed the trees along the west side of the property. (2) Noted that the recent rains have helped to put out the fires in Gallatin County. (3) Met with staff extensively this past week in preparation for today's Commission meeting. (4) Met with staff and other possible partners regarding a large composting program. (5) Reminded the Commissioners that Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday, August 21, at Bridger . Bar-B-Q. (6) Announced that chip and seal street projects begin tomorrow, and should be completed in approximately a week. ( 13) Commissioner Frost forwarded his interest in the letter which the Commissioners received about a skateboard park in Libby. He asked that this information be forwarded to the Recreation and Parks Advisory Board for consideration at their next meeting. 08-19-96 ----.--- .- .- ...".. --..- ....-.." ----.---- ---- .~n - 13 - Mayor Stueck responded that he will forward the information to them, noting that the next meeting will be held in September. (14) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee meeting and the Design Review Board meeting on Tuesday. (2) Attended . the focus group meeting on schools and children. (3) Attended the Board of Adjustment meeting on Thursday. (4) Noted that she and Commissioner Stiff attended the composting meeting, at which financing of the program was discussed. (15) Commissioner Stiff submitted the following. (1) Stated that he had planned to attend the growth and planning focus group meeting in Belgrade, but found the facility is not wheelchair accessible. He stated that he will be attending the economic development meeting tomorrow evening. (2) Noted that last week was a busy one, but others have already listed the meetings which he attended. (16) City Attorney Luwe noted that the Attorney General's opinion which the Commissioners have just received is in response to a request he made nearly 1 % years ago. He noted that, by statutory provisions, the Attorney General is to respond within ninety days . unless the issues are sufficiently complicated to require additional time. He stated that when this request was submitted, the Attorney General informed him that there were forty requests ahead of it. He characterized this as a typical representation of the amount of work piling up in legal offices across the State. ( 17) Mayor Stueck submitted the following. (1) Stated that he has received a letter about a new experimental covering for landfills, which is to be used in place of dirt. (2) Distributed invitations to the Commissioners to attend the grand opening of the Sacajawea Middle School, scheduled for 1 :00 p.m. on Sunday, August 25. ( 18) Mayor Stueck announced that Sarah Young, Downtown Bozeman Association, has asked that any and all interested Commissioners attend the DBA meeting scheduled for . September 4, to participate in a question-and-answer session. He noted that she has also requested a response on how many Commissioners plan to attend the meeting. Commissioner Rudberg and Commissioner Stiff forwarded their willingness to attend the meeting. 08-19-96 ..- -.-...--.--.----- - ..-. .---..-.--.-.------.....-. -.- - 14 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Approve naming of trail in Burke Park "The Wortman Trail" in honor of former Parks Superintendent Dwain Wortman. per Recreation and Parks Advisory Board recommendation . Appoint Commissioner Rudberg as Commissioner liaison to the 9-1-1 Administrative Board Authorize Mayor to sign - letter of support for Bozeman Interfaith Housina II application for HOME arant monies Authorize City Manager to sian - Change Order No.2 for Highland Boulevard Reconstruction project - JTL Group. Inc.. Belgrade. Montana - add $49.611.00 and 11 calendar days Authorize City Manager to sian - Change Order No.3 for Hiahland Boulevard Reconstruction proiect - JTL GrouP. Inc.. Belarade. Montana - add $800.00 and 0 calendar days Authorize City Manaaer to sign - Amendment No.2 to Professional Services Agreement - Gaston Engineering and Surveyina. Bozeman. Montana - Northwest Water Distribution System Improvements Authorize City Manager to sign - Professional Services Aareement - DuBray Land Services. Inc.. Billinas. Montana - acauisition of riaht-of-way for construction of South 3rd Avenue widenina proiect . Authorize City Manaaer to sian - Memorandum of Agreement - between City and Montana Department of Transportation - safety projects at specified intersections: subject to final approval by the City Attorney Commission Resolution No. 3138 - amendina the cemetery fees charged for the Sunset Hills Cemetery COMMISSION RESOLUTION NO. 3138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CEMETERY FEES CHARGED FOR THE SUNSET HILLS CEMETERY. Authorize City Manaaer to sign - Change Order No. 1 for 1996 Street Improvements. Schedule VI - JTL Group. Inc.. Belgrade. Montana - add $2.961.25 and 0 calendar days Claims It was moved by Commissioner Frost, seconded by Commissioner Rudberg, 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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 08-1 9-96 . - -".. --- ---- -- ..- -.. - 15 - Recess - 3:55 p.m. Mayor Stueck declared a recess at 3:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Reconsideration of Condition Nos. 12 and 15A for approval of creliminary plat for Tract A. COS No. 1509. located in the SE%. Section 10. T2S. R5E. MPM - R.R. Nelson - subdivide 28.0 acres into 64 lots. consisting of 62 townhouse lots. 1 multi-family lot and 1 commercial office (northwest corner of intersection of Fowler Avenue and US Highway 191) (P-9504) This was the time and place set for the public hearing on the request for reconsideration of Condition Nos. 12 and 15A for approval of the preliminary plat for Tract A, cas No. 1509, located in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62 townhouse lots, 1 . multi-family lot and 1 commercial office, as requested by R.R. Nelson. The project is more commonly identified as the Parkway Plaza Subdivision, and the subject parcel is more commonly located at the northwest corner of the intersection of Fowler Avenue and US Highway 191. Mayor Stueck opened the pUblic hearing. Assistant Planning Director Debbie Arkell distributed copies of a letter of opposition to this application for reconsideration, as submitted by Brian Segal, Birdman Builders, on August 16, and then presented the staff report. She reminded the Commissioners that on July 1, they voted to reconsider these conditions, after the City-County Planning Board had forwarded a recommendation, due and proper notice had been given, and a public hearing held. She stated . that the appropriate notice has been published in the Bozeman Daily Chronicle. notice has been mailed to adjacent property owners, and a recommendation has been forwarded by the Planning Board. The Assistant Planning Director reviewed the two conditions which the applicant has requested be eliminated, as follows: 08-19-96 -.- ...----- -, - 16 - "12. The proposed signal at the intersection of Fowler Avenue and US 191 shall be designed by a Montana licensed engineer prior to final plat approval. 15. Waiver of Right to Protest Creation of SIDs for completion of the following improvements shall be required of the owner prior to final plat approval: . A. Signalization at Fowler Avenue and US 191, for the proportionate share of the cost of that improvement." Assistant Planning Director Arkell noted that in a letter dated June 3, Rick Kerin, the applicant's consulting engineer, forwarded the reasons why these two conditions should be eliminated. She noted that a conversation with Rob Bukvich, local Montana Department of Transportation office, confirmed that the MDoT does not anticipate signalization of the intersection of Fowler Avenue and US Highway 191 in the near future and that, indeed, re- engineering of the project would be required because of the time lapse if designing were required at this time. She noted that PC Development has set aside funds to cover 50 percent of the 1995 cost estimates for installation of the traffic signal at the intersection of Ferguson Avenue and US Highway 191; Bozeman Athletic Club West has agreed to contribute . approximately $25,000, or 25 percent of the 1995 cost estimates; and Planning staff has suggested that $9,000 be deposited in this account in exchange for eliminating Condition No. 12 for the Parkway Plaza Subdivision. She noted that the estimated cost of meeting Condition No. 12 was $8,960. The Assistant Planning Director stated that, following its review of the request for elimination of Condition No. 12, the Planning Board voted to recommend approval, contingent upon the developer's contribution of $9,000 toward the signal at the intersection of Ferguson Road and US Highway 191. She noted that both the draft minutes from the Planning Board meeting and her memo reflect that the vote was 9 to 0; however, she indicated that the vote was actually 8 to 1. Assistant Planning Director Arkell stated that the Planning Board reviewed the request . to eliminate Condition No. 15A. She characterized this as a standard condition for all developments. She noted that, following its review of the request to eliminate this condition, the Planning Board voted 8 to 1 to recommend that this condition not be eliminated or revised, indicating that the minutes and her memo reflect an error in the recorded 9 to 0 vote on this item. 08-19-96 - 17 - Mr. Joe Sabol, attorney representing the applicant, stated that the consulting engineer had received a bid of $8,960 for design of the signalization of the intersection of Fowler Avenue and US Highway 191. He noted that Mr. Nelson has indicated a willingness to contribute $9,000 toward the traffic signal at the intersection of Ferguson Road and US . Highway 191 in exchange for the elimination of this condition because he recognizes that light is imminent and he does not wish to "throw money down a rat hole", which is how he views designing the signalization for Fowler and US 191. Mr. Sabol stated that the final plat for the Parkway Plaza Subdivision was recorded last week, and a bond was posted for the outstanding improvements. He noted that includes the subject signal design, cautioning that the Commission may choose to either allow that bond to sit for three years with no benefit gained or agree to the proposed revision. Mr. Sabol noted that current information suggests the installation of a traffic signal at the intersection of Fowler Avenue and US Highway 191 will be completed with public funds, rather than through assessing private property owners. He suggested that, in light of the applicant's willingness to contribute toward the costs of installing the traffic signal at Ferguson . Avenue and US 191, it seems appropriate to eliminate a requirement to participate in this subject signalization as well. He then encouraged the Commissioners to eliminate the two conditions, as requested, in exchange for a $9,000 contribution toward the Ferguson/US 191 traffic signal. Mr. Bill Mitchell, Planning Board member, stated he voted against eliminating Condition Nos. 12 and 15A. He forwarded the consensus of the Planning Board that Mr. Nelson may not own the subject property when the conditions come due. He suggested that is not really the question; however, he is concerned that the recommendation forwarded by the Planning Board could result in double jeopardy by requiring contributions toward two traffic signals. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg forwarded her support for elimination of both conditions, as . requested by the applicant, with the proposed $9,000 contribution being accepted in lieu of those conditions. Responding to Commissioner Stiff, City Attorney Luwe stated that a waiver of right to protest the creation of an SID is recorded and passes with the title of the land. Commissioner Stiff indicated his support for eliminating Condition No. 12. 08-19-96 --...-..- - 18 - Commissioner Frost noted that the security for improvements not yet installed has already been posted. He suggested that accepting the Planning Board's recommendation could result in a decrease in the amount of security needed. He then indicated he does not support elimination of Condition No. 15A, particularly since it is a standard condition for all . developments. Mayor Stueck stated his support for applying $9,000 toward the traffic signal at Ferguson Avenue rather than requiring design of a future signal at Fowler Avenue. He noted that Mr. Nelson paved the entire width of the portion of Fowler Avenue for which he was responsible, thus alleviating the City of its participating in the costs. He recognized that this has resulted in a savings to the community's taxpayers, although he noted the applicant will also benefit from those improvements. He then indicated that the waiver requested in Condition No. 15A does not necessarily mean that an SID will be created for the installation of the traffic signal; rather, it simply means that the property owner or owners cannot protest its creation. In response to questions from Mayor Stueck, the City Attorney confirmed that the . signing of a waiver of right to protest the creation of an SID does not mean that one will automatically be created. He noted that the boundaries of a potential SID have not yet been drawn. He assured the Commission, however, that the subject property would be responsible for only its prorata share of the costs. It was moved by Commissioner Rudberg that the Commission approve the request for elimination of Condition Nos. 12 and 15A for approval of the preliminary plat for Tract A, cas No. 1509, located in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62 townhouse lots, 1 multi-family lot and 1 commercial office, as requested by R.R. Nelson, subject to the following condition: . 1. That the developer contribute $9,000 toward the installation of the traffic signal at the intersection of Ferguson Road and US Highway 191, with said monies to be deposited with the City upon the beginning of installation or within nine months, whichever occurs first. The motion failed for lack of a second. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the request for elimination of Condition No. 12, and not approve the 08-19-96 .---.---- -. -- ---.-- - 19 - request for elimination of Condition No. 15A for approval of the preliminary plat for Tract A, cas No. 1509, located in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, to subdivide 28.0 acres into 64 lots, consisting of 62 townhouse lots, 1 multi-family lot and 1 commercial office, as requested by R.R. Nelson, . subject to the following condition: 1. That the developer contribute $9,000 toward the installation of the traffic signal at the intersection of Ferguson Road and US Highway 191, with said monies to be deposited with the City upon the beginning of installation or within nine months, whichever occurs first. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Rudberg. Public hearina - Commission Resolution No. 3128 - intent to annex Tracts A and B. cas No. 1872. and Tract 2. cas No. 1846. located in the SW~. Section 10. T2S. R5E. MPM (135 acres at northwest corner of Huffine Lane and Ferguson Road) (A-9603) This was the time and place set for the public hearing on Commission Resolution No. 3128, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3128 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 TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report. He stated that the subject 135-acre parcel is located at the northwest corner of Ferguson Road and US Highway 191. He noted that the property extends north to West Babcock Street extended and extends west almost to Cottonwood Road. He reminded the Commission that the conditional use permit for the Bozeman Athletic Club West was recently processed; and during that review, the Planning . staff suggested that the applicant seek annexation. The Assistant Planner stated that staff has reviewed this application in light of the eight goals and twelve criteria contained in the City's annexation policy, as established under Commission Resolution No. 2716; and the comprehensive findings are contained in the written staff report. He summarized those findings, noting that it appears that Goal Nos. 3 and 7 and 08-19-96 -.".--....--. .. .--- - 20 - Policy Nos. 1, 7, 8 and 12 have been met; Goal Nos. 4, 5 and 6 and Policy No.1 0 are not applicable; and Goal Nos. 1, 2 and 8 and Policy No. 11 have not been met. He noted that in the information provided by the applicant, it appears the subject 125 acres may not be developed for twenty years. He also noted that only a portion of the property is contained in . the urban service boundary, as shown in the 1990 Bozeman Area Master Plan Update. Mr. Joe Sabol, attorney representing the applicants, gave a brief history on the State statutes governing annexations, noting there are five different options provided in the statutes. He noted that he became involved in the hearings held during the 1973 legislative session on the planned unit community development act, as contained in Title 7, Part 2, Chapter 42 of the Montana Code Annotated. He reviewed the purposes of that act, which are to ensure that annexations throughout the state are addressed on a just and equitable system; that continued economic development is provided for by planning in advance; and that city services are provided to ensure the health, safety and welfare of the public. Mr. Sabol noted that in this instance, the property is in single ownership. He also noted that, to his knowledge, no protests have been received. He further noted that this application . meets the statutory requirements regarding annexations. He reminded the Commission that this application has also been reviewed in light of the City's policy, and the findings have been forwarded by Assistant Planner Saunders. He addressed those goals and policies which staff has suggested are not met through this application. He noted that Goal No. 1 encourages smoothing of the city boundary. He stated that this property is not a sliver; rather, its east/west dimension is between 2,300 and 2,400 feet, and its north/south dimension is between 2,500 and 2,600 feet. He noted that Goal No.2 pertains to traffic circulation. Under this application, the community could benefit from potential extensions of Fallon Street, Ravalli Street and West Babcock Street. He also suggested that, in conjunction with this future development, Ferguson Road could be upgraded. He recognized that immediate and steady . development of newly annexed property is desired. He noted that this parcel could develop in as little as five years although it could take as long as twenty years, depending on the market. He reminded the Commission that one project has already been approved on this property, and it will be constructed, with or without City sewer services. Mr. Sabol recognized that the determination on whether to annex the subject 135 acres will probably hinge on the sewerability of the property. He stated the applicants have proposed 08-1 9-96 ____u_ ------.--- - 21 - using the Far West Trunk (Valley Unit Trunk) because they believe there is adequate capacity in that line; however, the City's Engineering Department and Director of Public Service have forwarded their position that the property should be served by the Cottonwood Trunk, which has not yet been constructed. He noted that the applicants retained Kerin and Associates, . consulting engineer, to monitor and analyze the flows in the Far West Trunk to determine whether there would be adequate capacity to serve this property. He noted that, after monitoring the effluent in that trunk during different times of the day and different months of the year, Mr. Kerin determined there was adequate capacity in the Far v:Jest Trunk. Mr. Sabol noted that when the Far West Trunk was installed through a special improvement district, a commitment was made to those participating in the SID that, in the future others may connect to the trunk if there was excess capacity, and those individuals would be required to contribute to the costs of the trunk through a payback arrangement. He stated that the Valley Unit Subdivision is now almost fully developed, and a significant amount of capacity remains in the line. He recognized that the capacity in this line could be used to serve properties south of US Highway 191; however, he suggested that it could also be used . to serve the subject 135-acre parcel, which is immediately west of Valley Unit Subdivision. Mr. Sabol stated that the information contained in the analysis completed by Kerin and Associates was forwarded to HKM Associates, for review and confirmation that the data was accurate. He noted that Mr. Ray Armstrong, a former City of Bozeman employee and registered professional engineer, reviewed that information and forwarded his response. Mr. Joe Sabol noted that Valley Unit Subdivision has been developed at low densities, even though the subdivision was designed and zoned to accommodate low, medium and high- density development. He noted that the limiting factor in the sewer lines is the 18-inch line in Durston Road, which can accommodate a flow of 2,000 gallons per minute. He stated that the current flow is 804 gallons per minute and the projected flow from the subject 135-acre . parcel is 507 gallons per minute, for a total of 1,311 gallons per minutes. He noted that leaves capacity for nearly 700 gallons more per minute, after this property is connected to the trunk. Mr. Sabol stated that a conversation with City staff revealed that they also recognize the Valley Unit Trunk line is not at capacity. He then questioned why this property is to be served by the Cottonwood Trunk, which does not yet exist, when it could be served by an existing trunk line. He expressed concern that it does not make good economic sense to 08-19-96 --- _.____.u__ .._ -. - 22 - construct a new trunk line, at considerable expense, when an existing trunk line in the immediate area could serve the subject parcel. Mr. Ray Armstrong, MSE-HKM Associates, stated that in December 1994, the draft Wastewater Facilities Plan Update was submitted to City staff anQ the State for review, and . he has just recently received comments back from both agencies. He noted that one of the issues raised in those comments is the unused capacity in the Valley Unit Trunk, and the possible expansion of "Zone 2", as identified on the map, to include a portion of the properties in "Zone 1", which are to be served by the future Cottonwood Trunk. He recognized that the properties to be served by the Cottonwood Trunk lie west and south of the properties to be served by the Valley Unit Trunk, and the realignment of the zones has not been established or the final map prepared. Mr. Armstrong stated that when he prepared the draft Wastewater Facilities Plan Update, he was not aware of the 1979 Facilities Plan. He noted that a review of that plan revealed that the Far West Trunk was anticipated to serve 1,400 acres. He stated that, even if this trunk were used to serve the subject 135 acres, there would still be excess capacity that . could serve other properties. He indicated that the bottleneck created by the 18-inch main could be addressed either by expanding the line or adding a second line to accommodate the overflow. He noted that the Cottonwood Trunk could help to make the sewer system a redundant system in this area. Mr. Joe Sabol stated that the upgrading of a sewer main makes more sense than constructing a new one in this instance. He suggested that this application meets or exceeds the requirements for annexation as imposed by the State, and the main question now is whether the Commission feels the proposed annexation is in the best interests of the City. He noted that the annexation policy assists the Commission in making that decision. He noted that one of the main outstanding issues is how City services, particularly sewer, will be . eJ\tended to the subject property, and how that eJ\tension is to be funded. Mr. Sabol suggested that this may be the first annexation to occur since the implementation of impact fees. He suggested that the extension of water, sewer and roads may be more easily accomplished since impact fees will be assessed, although he recognizes that development does not cover all of the expenses encountered by the community. 08-19-96 ----- - 23 - Mr. Sabol stated the applicants are willing to accept Condition Nos. 1 through 7 for approval of this annexation application, as recommended by staff. He stated, however, that the applicant is concerned about Condition No.8, which requires that sanitary sewer service be provided by constructing the trunk sewer planned for the subject property as shown in the . draft Wastewater Facilities Plan. He stated that, since there is adequate capacity in the Far West Trunk to serve this subject property, the applicants do not believe they should be required to bear the costs of constructing the Cottonwood Trunk so this property can be developed. He further noted that, until the facilities plan has been completed, the sewer trunk to serve the subject property will not be known. Responding to Commissioner Frost, Mr. Armstrong stated that the Wastewater Facilities Plan Update should be completed by the end of the calendar year. Responding to Commissioner Frost, City Attorney Luwe recognized that some of the answers for providing sewer service to the subject site are missing at the present time. He noted, however, that the Commission's decision is based on whether they believe it is in the best interests of the community to annex the subject property. He noted that if the . Commissioners decide it is, then the applicants must enter into an Improvements Agreement with the City. He suggested that the details can be addressed during that process, based on the conditions of approval. He reminded the Commission that, until the Improvements Agreement has been executed and the resolution of annexation adopted, this parcel will not be annexed. Responding to Mayor Stueck, the City Attorney stated that the conditions of approval set by the Commission could impact how quickly the subject property is annexed. He noted that the applicant has already indicated agreement with Condition Nos. 1 through 7, so those issues can be quickly addressed. He noted, however, that if the applicants are required to build the Cottonwood Trunk line under Condition No.8, it may take an extended period of time or . it may not be possible to reach agreement. On the other hand. he indicated that if the applicants are allowed to connect to the Far West Trunk, agreement could be reached quickly. He cautioned that waiting for the final Wastewater Facilities Plan Update could cause a delay of several months. Responding to Commissioner Frost, Assistant Planner Chris Saunders stated that staff supports the annexation. He stressed the staff prepared its report based on the information 08-19~96 ..---- -.-. - ~ 24 ~ available, noting his surprise at learning during this public hearing that the zones on the sewer map may be moving. He stated that the 1979 Facilities Plan, which was officially adopted, is the current document under which the City is operating; and that plan shows the subject property was not even considered in the sewer service area at that time. He noted that, with . Condition No.8 as worded, staff was attempting to recognize the draft Wastewater Facilities Plan Update and its provision of sewer services to the subject property, so it had a basis upon which to recommend the extension of sewer services. He then suggested that Condition No. 8 could be reworded to read, "Prior to any development of the proposed annexation, provision for the required sanitary sewer service shall be provided by constructing the trunk 'i sewer planned for the subject property's drainage area as shown and described in the City's wastewater planning documents~~~9qQ~~J:Q'ij~':!Q:[~,h~~iQ?I'~~gR~ij~:qq9Iinro~rn~." He suggested that with these revisions, if the Far West Trunk is to be used, then only on~site connections will be needed. He noted that if the Cottonwood Trunk is determined to be the best mechanism for providing sewer service, this condition will still accommodate that option. He noted that, under the current document, it was anticipated the Far West Trunk would serve properties to . the south of Valley Unit Subdivision, rather than to the west. He noted, however, that the Kerin and Associates study suggests the property lying between Ferguson Road and Cottonwood Road be served by the Far West Trunk, which "changes the playing field considerably. " Responding to Commissioner Frost, Assistant Planner Saunders noted that impact fees for wastewater are to be assessed at 35 percent of the costs; therefore, the City must find an alternative revenue source for the remaining 65 percent of the cost. He cautioned that impact fees may not be used for any upgrades to or maintenance of the existing system. City Manager Wysocki forwarded his concern that HKM and Associates has done work for this applicant while under contract with the City for the Wastewater Facilities Plan. He . further expressed concern that new information is being forwarded in this public hearing, rather than being discussed with staff. He also suggested it is not appropriate to revise Condition No. 8 during this meeting; rather, he feels staff should be given an opportunity to review the information just submitted. He reminded the Commissioners that they recently approved the connection of Kountz Mobile Home Park to the Far West Trunk line, which will impact the available capacity for other properties, such as the one currently under consideration. 08.1 9~96 ....-..-.--- --- .. - 25 - Mr. Ray Armstrong responded that when Mr. Delaney approached him about looking at the reserve capacity in the Valley Unit Trunk, he was concerned about a conflict of interest and contacted the City's Engineering staff. He stated the staff indicated that, if it appeared the request could be met without encountering a conflict, they saw no problem with his responding . to Mr. Delaney. He emphasized that his testimony was neither in support of nor in opposition to the requested annexation; it was simply to provide information. He noted discussions with staff revealed that the draft report was different from the 1979 Facilities Plan, which he did not know existed until that conversation. He stated that, after reviewing that report and how the land served by the trunk has been developed, he recognized that a portion of Zone 1 could be served by the Far West Trunk. He also recognized that extending the Far West Trunk line will be cheaper than construction of the Cottonwood Trunk. He stressed that he has not discussed his new findings with City staff, although he did inform the City Engineering staff that he would be in attendance at this meeting. Commissioner Frost stated he feels City staff input is needed prior to the Commission making a decision on this application. . Responding to Mayor Stueck, Director of Public Service Phill Forbes stated that the owner of the Kountz Mobile Home Park will be responsible for addressing a 300-foot section of smaller sewer line in conjunction with its connection to the City's sewer system. He noted that line is not a part of the system that would serve the subject property. He then suggested that, with the new information which has been forwarded at this hearing, both City staff and the Commissioners need time to review it prior to a decision being made. Mayor Stueck stated he concurs with Commissioner Frost that the decision should be delayed until after the City staff has had an opportunity to review the new information, possibly with HKM staff. Commissioner Stiff forwarded his agreement, noting that the new information forwarded . this evening is extremely technical and will require some time to review. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the Commission continue the public hearing to the Commission meeting scheduled for 3:00 p.m. on Monday, September 16, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 08-19-96 -- . -...-- --- -. ---.. - -. -. ------ -~~ --.- - 26 - Public hearing - Commission Resolution No. 3129 - intent to annex three Darcels totallina 16.438 acres located alona the east side of South Rouse Avenue, at Mason, Accola and Hoffman Streets extended This was the time and place set for the public hearing on Commission Resolution No. 3129, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3129 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 TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that when Mr. Phillips approached the Planning staff about possible annexation of his 10-acre parcel, staff encouraged him to talk to his neighbors to the north, to see if a larger parcel could be annexed. As a result of Mr. Phillips' discussions with his neighbors, Mr. G.K. Reiser, who owns 3.8 acres, and McRay Evans, who owns 1.9 acres, agreed to join him in this application. . She noted that an additional 2.0 acres in that immediate area will become an island of unannexed land, since the owner did not wish to participate in the annexation process. The Assistant Planning Director noted, however, that last week, the Clerk of the Commission received a letter from Mr. G.K. Reiser, dated August 10, withdrawing his application for annexation. She recognized that this is the middle parcel; however, the two remaining parcels continue to be contiguous to the city on two sides, so the annexation process may still move forward. The Assistant Planning Director stated that the property is zoned "R-S", Residential-- Suburban, Country Estates, and is bisected by Bozeman Creek. She indicated that there are two homes on the Phillips parcel and one home on the Evans property at the present time. She . noted the nearest water and sewer mains are located in Lincoln Street, which lies to the north, and in South Rouse Avenue, which lies to the west. She reminded the Commission that in September 1985, Mr. Evans sought annexation, however, he failed to execute the Annexation Agreement; and the City Attorney determined in 1992 that sufficient time had elapsed to simply continue with that process and required him to go through the annexation process once again. 08-19-96 n.._.__........".._.._ - 27 - Assistant Planning Director Arkell stated that staff has reviewed this application in light of the eight goals and twelve criteria established in Commission Resolution No. 2716; and their comprehensive findings are contained in the written staff report, which has previously been submitted to the Commission. She noted that the subject property is essentially bounded by . city limits on three sides, even though it is contiguous on only two sides. She stated that, while additional right-of-way for Lincoln Street would be obtained through this annexation, the impacts of traffic from additional development in this area must be carefully considered. She cautioned the Commission that there are no opportunities for east/west streets between South Rouse Avenue and South Church Avenue because of existing development. She recognized that Mr. Phillips owns property on South Rouse Avenue which could be used as a secondary access; however, she cautioned that such a street extension could have a significant effect on the existing developed neighborhood. The Assistant Planning Director recognized that "R-S" is not an urban zoning designation; however, she noted that no change in zoning has yet been sought. She suggested that, given the physical constraints of the site, the existing "R-S" or possibly an "R-1" zone . might be most appropriate. The Assistant Planning Director noted that South Church Avenue provides the only access to Mr. Phillips' property, although access to Mr. Evans' property could possibly be from East Lincoln Street. She noted that, while water service could probably be extended to the site without negative impact, there are significant problems with sewer capacity in that immediate area. She cautioned that extensive studies will be required to determine if there is adequate capacity to accommodate development of these subject parcels. Assistant Planning Director Arkell stated that the Planning Office received a letter of opposition to the annexation from Mr. Greg Morgan, attorney representing Mrs. Doris Heckerman, who owns the property immediately to the south of the Phillips property. Her concerns include the possible effect that future development might have on the value and . enjoyment of her property, floodplain, wetlands and access. She noted the letter further expresses concern that development "to R-3 will substantially alter the single family residential character of the neighborhood". She reminded the Commission that, while a zone map amendment may be considered concurrently with an annexation request, no zone change has been requested to date. 08-19-96 - 28 - The Assistant Planning Director stated that, as a result of staff's review of this application, five conditions have been forwarded in the staff report for possible approval of the application. She noted that, subsequently, four additional conditions have been forwarded in a memo dated August 16, 1996. . Mr. Mark Chandler, C&H Engineering and Surveying, representing Mr. Phillips, stated that Mr. Phillips has met staff's requests, including an attempt to get a larger block of land annexed. He noted that Mr. Phillips has indicated an interest in providing a cross street in the southern part of his property, which should help some of the traffic patterns in the area. He also noted that acquisition of additional right-of-way across Mr. Evans' property for Lincoln Street, which could eventually be extended from South Rouse Avenue to South Church Avenue, provides another cross street. Mr. Chandler stated that both Mr. Phillips and Mr. Evans have indicated their intent to seek "R-3" zoning for their respective lots in the near future, at least for that portion of their properties lying west of Bozeman Creek, which will match that on properties lying to the west and north of the subject parcels. He stressed that the main access to the subject properties . will be from South Rouse Avenue, with possibly secondary access from South Church Avenue. He also noted that extending water and sewer services from the mains in South Rouse Avenue is the most logical. He recognized that a study of the sewer lines would be required, to ensure adequate capacity to serve any development of these parcels. Mr. Chandler characterized this request for annexation as a natural progression in the growth of the city, noting there is no reason to retain a peninsula of unannexed land within the city limits. He concluded by encouraging the Commission to approve annexation of the subject properties, subject to the conditions recommended by staff. Mr. McRay Evans, owner of the 1.9 acres under consideration, stated that in 1977, he applied for annexation, at which time he was told he could not build within 58 feet of the creek, which took between one-half and three-fourths of the property. In light of those . requirements. he did not continue to pursue annexation. When the new floodplain study was completed, he found that he could build within 20 feet of the creek, so in 1984 he once again sought annexation and rezoning to "R-3". He noted that one of the conditions for annexation was that he pay $4,000 cash-in-lieu of water rights or provide water rights to the City. He noted that he had water rights; however, when he was prepared to sign those water rights over 08-19-96 - 29 - to the City, Water Judge Lessley had died, and he was required to obtain a certificate from the State. He indicated that, because of the time lapse, he was told that he must once again go through the entire process. Mr. Evans stated he is once again seeking annexation, characterizing the subject 2-acre e parcel as his retirement. He indicated that "R-3" zoning is essential, since a four-plex is needed to make development of the site economically feasible. He indicated his interest in making those four units affordable, noting that he also intends to construct his retirement home on that property. He stated that water and sewer services are located approximately 20 feet from his property, and a fire hydrant is located approximately 50 feet from his property line. He noted that access would be from East Lincoln Street, which is adjacent to his property. Mr. Bud Lilly, 2007 Sourdough Road, noted that in the presentation on the previous agenda item, reference was made to the "highest and best use of the property to enhance economics of the city and perpetuate the quality of life in the area". He characterized this as a rare opportunity for the City to protect open space within the confines of the community. He noted that Bozeman Creek has high quality water, and this is a vital riparian area. He . suggested that protecting this property from development will result in increased property values in the immediate area which would far exceed the income derived by the City from development of the subject properties. He encouraged the Commission to not allow this property to be developed. Mr. Vince 8allotta, 1632 South Rouse Avenue, recognized that people have a right to develop their property in certain ways. He expressed concern, however, about development of the subject parcel. He stated that the removal of a house on South Rouse Avenue to construct a street is inappropriate, particularly in light of where the house is located. He then forwarded his adamant opposition to annexation at this time, and opposition to possible rezoning of the property to "R-3". . Mr. Ed Lozano, 1924 Sourdough Road, stated he is a microbiologist by profession, and he is concerned about the subject area. He expressed concern that micro-organisms not common to the area can cause unanticipated problems. He also expressed concern about the impacts which development of the subject property could have on the sewer system, which is already overloaded in this area. He cautioned that if a sewer system is overloaded, it can result in sewage backing up into houses. He encouraged the Commissioners to carefully 08-19-96 - 30 - consider the public health issues, cautioning that the existing problems with the sewer mains in this area must be addressed before any more development is allowed to connect. Mr. Matt Merrill, 2111 Sourdough Road, stated his opposition to the requested annexation, particularly because of the shortfall in the existing sewer system which serves the . area. He noted there are several sections of sewer lines in this area which are over capacity and several other sections which are near capacity. He asked that the Commissioners not approve this annexation request, and ensure that the sewer problems in this area are addressed. Mr. Bill Phillips, applicant, stated he owns the subject ten acres. He characterized the neighbors' opposition as natural, noting that his property serves as a park in their back yards. He noted that the properties along the western boundary of his property are zoned "R-3"; which he feels would be an appropriate zoning for his property as well. He assured the Commission that if this property is developed, the last thing he would want is an unhealthy sewer service. He noted that at the present time, he has no definite plans for development of the subject property. He stated, however, that he has carefully listened to the Commission's . comments about affordable housing, and may try to address that need in the future. He indicated that he has talked to the Gallatin Valley Land Trust about providing a trail along the creek, possibly in a 1 OO-foot-wide easement which follows the creek, with the stipulation that the subject easement not be built on. He suggested that a orie-acre park which is accessed from South Rouse Avenue could be considered, along with a trail system which allows people to move between South Rouse Avenue and South Church Avenue. He indicated that this type of development would serve as his retirement. He noted that the first step in the process is annexation. He concluded by encouraging Commission approval of this application. Responding to Mayor Stueck, Assistant Planning Director Debbie Arkell stated that in the annexation application, the applicant makes a brief mention that "R-3" development is what . he anticipates; however. there is no request for specific zoning in this annexation application. Mayor Stueck noted that, at the present time, the zoning is "R-S" and, until an application to change the zoning is received and approved, it will remain in place. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg recognized that the Commission is only addressing annexation at this time; however, she indicated that she is concerned about the "R-3" type development 08-19-96 ..-...- ...--... -...---. - 31 - which is contemplated. She also expressed concern about the possibility of tearing down an existing house to construct a street to South Rouse Avenue, not just because of the impacts on that parcel but because of the impacts on the entire neighborhood. City Attorney Luwe reminded the Commission that the zoning on any property in the city . may be changed at any time. He further cautioned that is an issue which will be addressed at a later date, not at this time. Commissioner Frost noted that, again and again, he has stated that he cannot support any annexation on the south side of town, east of South Third Avenue, because of the sewer problems in the area. He noted that the applicant's engineer has indicated the sewer main is currently under capacity; however, he feels that the sewer issues must be addressed before any additional development is allowed. He recognized that this property is privately owned and that the City cannot afford to purchase it for open space. He expressed concern, however, that if the subject property is annexed, it will be developed and the undeveloped parcel will be lost. Commissioner Stiff stated that staff's recommended conditions, including the four . forwarded in the memo dated August 16, adequately address the concerns raised regarding sewer and the transportation network. He indicated that, with those conditions, he can support this request. Mayor Stueck stated his basic concurrence with Commissioner Stiff. He stressed that this land is privately owned and that it can be developed at the present time, without the benefit of City services. He noted that, as a member of the City-County Board of Health, he feels it is inappropriate to take action that could result in a septic system being installed essentially in the middle of downtown Bozeman, along Bozeman Creek. He noted one of the arguments is that it is more and more difficult to obtain a septic permit; however, he noted that the State is still issuing those permits on a regular and frequent basis. He suggested that, as . long as the applicants are aware of the traffic and sewer problems and as long as they are willing to annex, he feels it is in everyone's best interests to do so. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that under State statute, property located within 500 feet of existing City water and sewer services may not be served by wells and septic systems. She cautioned, however, that this applies only if the City has adequate capacity and will accept the property into the system. 08-19-96 .----..-.-.-- ..-- -- ..- .------ - 32 ~ Further responding to Commissioner Frost, the Assistant Planning Director stated that if this property were to develop outside city limits in the current "R~S" zoning, it would probably be as a planned unit development. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission authorize and direct staff to bring back a resolution of annexation upon execution of the Annexation Agreement and satisfaction of the following conditions: 1. Each property owner shall provide usable water rights or cash-in-lieu thereof in an amount to be determined by the Director of Public Service, priorto final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first, for all land within the annexed area; 2. The Annexation Agreement shall include an executed waivers of right to protest the creation of SIDs, which shall specify that in the event SIDs are not utilized for the completion of these projects, each property owner shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. The waivers shall include the following: a. Street improvements to South Church Avenue, including paving, curb/gutter, sidewalk and storm drainage; and . b. Signalization of the intersection of South Church Avenue and Kagy Boulevard; 3. A 10 Y2 -foot-wide strip along the north property line of the McRay Evans property shall be dedicated, by easement, to the City for Lincoln Street right-of-way; 4. All existing occupied structures shall connect to City water and sewer as soon as the infrastructure is in place to serve the structure. At the time of connection to City sewer, the existing septic tanks and drainfields shall be removed an/or pumped and filled; 5. The Annexation Agreement shall specifically acknowledge that there are significant problems with the sewer capacity in this area; that it appears there is not adequate capacity in the existing sewer mains to serve the property; and that development of the vacant land will hinge on the results of extensive studies which will be required of the developer(s) prior to development. The extension of lines or construction of necessary improvements will be at the developer's expense; . 6. The Annexation Agreement shall specifically acknowledge that additional traffic from development of the property will impact existing streets in the area, and that mitigation of those impacts must be addressed prior to development of the property; 7. The Annexation Agreement shall specifically acknowledge that development of the property will not be permitted until sewer and traffic issues are adequately addressed, regardless of the zoning designation; 8. Fire and Street Impact Fees for the existing structure for the subject properties shall be paid concurrently with the annexation of the property. 08-19-96 -.---..-..---..- ----.-. ---.... - 33 - At the time the existing structures apply for connection to the City's water and sewer facilities, those impact fees shall also become due. The Annexation Agreement shall acknowledge that any improvements, both on- and off-site, necessary to provide connection to the subject properties which are wholly attributable to the property are project-related improvements as defined in Chapter 3.24 of the Bozeman Municipal Code; and . 9. An annexation map must be submitted by the applicants for use with the Annexation Agreement. The map must be supplied on a mylar (either 24- inch by 36-inch or 18-inch by 24~inch formatl for City records, and on either letter or legal size paper for filing with the Annexation Agreement at the Gallatin County Clerk and Recorder's Office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. Break - 9:25 to 9:29 D.m. Mayor Stueck declared a break from 9:25 p.m. to 9:29 p.m. Public hearina - reauest to reinstate parking on the west side of South 11th Avenue between West College Street and West Babcock Street . This was the time and place set for the public hearing on the request for reinstatement of the parking along the west side of South 11 th A venue between West College Street and West Babcock Street. Mayor Stueck opened the public hearing. Ms. Connie McCormick, 1016 West Olive Street, noted that a couple of years ago, she attended public hearings regarding the two proposed 12-plexes across the street from her because of her concern about parking. She stated that during those public hearings, it was suggested this development would not negatively impact the area because the off-street parking requirements were met and parking was allowed on both sides of South 11 th Avenue. She noted that, while the existing 12-plex was under construction, parking was removed from the west side of South 11 th Avenue. She stated that many people are unable to park near . their homes because the parking has been removed from the west side of the street. Ms. McCormick noted that the bicycle lane on South 11th Avenue is only two blocks long, and estimated that probably twenty bicycles pass her home on a daily basis. She expressed concern about the safety of riding bicycles along this busy street, noting that she requires her two small children to ride on the sidewalk. She stated that, with the removal of 08-19-96 - __n.._ --.---- -----.-... ...------- --...--- .-- - - .__...__.u. ..u_.".___ _. ---- --.. - -34 - parking on the west side of the street, the speed with which traffic moves has increased dramatically. Ms. McCormick noted that the luxury apartments in the new 12-plex typically house three to four people each and most, if not all, own cars. She stated that, because of the . number of tenants and cars, there is not adequate off-street parking. She also noted that a new business has recently been constructed at the corner of South 11 th Avenue and West Babcock Street, and the employees and customers need a place to park. She concluded by stating her support for adding the parking back to the west side of South 11 th Avenue. Mr. Russ Flattum, 315 South 11 th A venue, noted that the Commissioners have previously received his written comments. He stated this is the third meeting he has attended in support of reinstating the parking on the west side of South 11 th Avenue. Mr. Robert Leigland, 1102 West Babcock Street, indicated his interest in seeing the parking reinstated along the west side of South 11 th Avenue. He also forwarded ,his support for finding a more compatible route for bicycles, on less traveled and less hazardous streets. He suggested that, with the reinstatement of parking and reduced traffic speeds, the residential . atmosphere of this street will be restored. Mr. John Preston, member of the Bozeman Area Bicycle Advisory Board, stated he does not know the history behind the removal of parking along the west side of South 11 th Avenue. He noted that, with parking on only one side of the street, it is much easier and safer for bicyclists to use the street. He recognized that South 11 th Avenue may not be the best street for children on bicycles; however, he noted it is the main road to the University campus and many of the students ride bicycles. . Mr. Preston noted that a few months ago, the proposed bicycle lanes along arterial streets were voted down by the Commission, mainly due to concerns about parking. He recognized that parking is a problem in the community, and questioned how an apartment . complex could be approved without requiring adequate parking. He noted that people along probably every street in the community could complain about traffic moving too fast, suggesting that the City should address that issue. Mr. Preston expressed concern that the reinstatement of parking on the west side of South 11th Avenue will increase the danger encountered by bicyclists. He noted that, under the current arrangement, bicyclists on both sides of the street have more room because the 08-1 9-96 .-.-...-..---. ---- ----.. ....-..----..--..-.-- . 35 . cars have room to move around them. He stated that the Board is working on alternative bicycle routes, recognizing that those routes will not necessarily qualify for bicycle lanes. He noted that the routes will be located on less crowded streets, and recognized there is no guarantee that the routes will be approved. . Mr. Preston asked the Commissioners to consider the message they will be giving if they approve this request, eliminating one of the few designated bicycle lanes in the community. He asked if the message is that bicycles are not viewed as a legitimate form of transportation. He suggested that Bozeman should be dealing with its traffic problems by making alternatives easier. He concluded by forwarding support for the current configuration on South 11th Avenue. Mr. Tom Riddle, President of Boz, Inc., and developer of The Pines apartment project, stated that the off-street parking for this development meets City standards. He noted that, by law, his property manager cannot limit how many people live in a unit or how many visitors they have. He noted that he does police the parking lot and does ask people to move vehicles which may be parked on the street in front of someone's home. He stated that he built the . units with gates onto South 11 th Avenue, in anticipation that people would be able to park on the street; then the parking along the west side of the street was removed. He expressed concern about the speed with which vehicles travel along South 11 th Avenue, noting that the hazard of crossing the street is compounded during the winter months. He concluded by encouraging the Commissioners to reinstate parking on the west side of South 11 th Avenue. City Manager Wysocki entered into the record a memo from Director of Public Service Phill Forbes, dated August 14, in which he identified the varying widths of South 11 th Avenue, which range from 37 feet to 45 feet, and expressed his lack of support for reinstating parking between West College and West Curtiss Streets. Mayor Stueck asked Mr. Preston if bicyclists on a narrow street tend to slow traffic, since it is more difficult for cars to get around them. . Mr. Preston responded that, in some instances, that is possible. He noted that car doors on parked vehicles can be very hazardous to bicyclists, stating that, as a seasoned cyclist, he tends to stay further away from parked cars than many of the younger cyclists. He cautioned that narrowing of the distance between moving vehicles and parked vehicles does not create a safe situation. 08-19-96 - 36 - Responding to additional questions from Mayor Stueck, Mr. Preston stated that how he perceives the traffic determines how and where he rides. He stated that he feels safer when more width is available. Ms. Connie McCormick stated that, as a bicyclist, she travels on the quieter streets, . where drivers tend to drive slower and move around bicycles as possible. Mayor Stueck closed the public hearing. Mayor Stueck stated he does not feel that parking should be reinstated in the block between West Alderson Street and West College Street, although he feels it would be appropriate to reinstate the parking between West Alderson Street and West Babcock Street. He then forwarded his interest in ensuring an adequate "no parking" area be identified at each intersection to provide a clear view, suggesting a minimum of one parking space. Commissioner Frost forwarded his concerns about bicycles not only on South 11 th Avenue, but throughout the community, recognizing that they have the right to move around safely. He noted that, with parking on both sides of the street, particularly during the winter months, the street is too narrow for bicycles and vehicles to safely share it. He recognized that . there are speeding problems throughout the community and that additional police enforcement is needed. He reminded the Commissioners that South 11th Avenue is a minor arterial street which, it is anticipated, will handle greater volumes of traffic; and he is concerned that the segment of South 11 th Avenue between West College Street and West Curtiss Street is too narrow to accommodate parking on both s,ides of the street. Commissioner Rudberg stated her support for returning parking to the west side of South 11 th Avenue. She noted that the University is changing the orientation of the campus, with the South 19th Avenue entrance becoming its main entrance. She noted that, when driving on South 11 th Avenue, she has noticed that vehicles travel much faster than the speed limit. She also noted that several of the homes do not have driveways; therefore, they must park on the other side of the street. She forwarded her interest in seeing the curbs painted to . prohibit parking a certain distance from the intersections to provide better visibility on the cross streets. Commissioner Stiff recognized that, with two parking lanes and two traveling lanes, South 11th Avenue between West College Street and West Curtiss Street is "skinny". He indicated support for Mayor Stueck's proposal that parking not be allowed on the west side of 08-19-96 ---.--- -.---- -...-- - 37 ~ the street between West College Street and West Alderson Street, thus alleviating problems at the intersection of West College Street and South 11 th Avenue. He also concurred that the curbs should be painted to prohibit parking at the intersections, at a distance which provides a sight triangle which is as large as possible. He then asked if it would be beneficial to post . "pavement narrows" signs, to alert drivers to the constriction ahead. Director of Public Service Forbes stated that parking at intersections has been restricted at the standard distance, with West Koch Street having a greater distance restricted because it has been iden.tified as a high accident intersection. He then forwarded his belief that "pavement narrows" signs are not warranted, but he will review the issue. Responding to Mayor Stueck, the Director of Public Service stated that South 11 th Avenue between West Dickerson Street and West College Street lies within the MSU Residential Parking District. It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that parking on the west side of South 11th Avenue between West Alderson Street and West Babcock Street be reinstated. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost. Mayor Stueck asked that staff look at opening up of the intersections, to a minimum distance of one car length or whatever distance is determined appropriate, with the curbs to be appropriately painted. Adjournment - 10:00 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 08~ 1 9-96 ----:;---" -. ."'ji' - .~~- -.,,-,--- ~~ " , L - 38 - ( Ocn-r L~~ DON E. STUECK, Mayor . ATTEST: ~ J ~PI~~ ROBIN L. SULLIVAN Clerk of the Commission . . 08-19-96