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HomeMy WebLinkAbout1996-06-17 Minutes, City Commission ___,n . ..-. -.....".~'..........~~ _.,~, .,.'r;:c""':;.~,~~";!:"~.":",'. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 17, 1996 ********************** ******* . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 17, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Wysocki asked that the request to provide monies for the Gallatin Valley Tomorrow program be removed for discussion. Minutes - June 3 and June 10. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of June 3 and June 10, 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, Commissioner Youngman and Mayor Stueck; those voting No, none. Mayor Stueck deferred action on the minutes of November 20 and December 4, 1995, and May 20, 1996, to a later date. Review of amended final plat for Vallev Commons Subdivision - Potter Clinton Development. Inc. - modify note on face of plat to permit access from Lot 1 to Fallon Street (northeast corner of intersection of US 191/Huffine Lane and Ferauson Road) (P-9621 ) This was the time and place set for review of the amended final plat for Valley . Commons Subdivision, as requested by Potter Clinton Development, Inc., under Application No. _ P-9621, to modify the note on the face of the plat to permit access from Lot 1 to Fallon Street. The subject property was originally platted as Lots 4A, 5A and 6A, Block 1, Valley Unit Subdivision, Phase I, and is more commonly located at the northeast corner of the intersection of Ferguson Avenue and US Highway 191. 06-17-96 ..- -- - ..-.- -.. ~~ --.- ---_._~"._-,..- ~'..' ~ ~.................. - ._---,.. "- - 2 - Assistant Planning Director Debbie Arkell reminded the Commission that the preliminary plat for the Valley Commons Planned Unit Development, which is both a subdivision and a zoning planned unit development, was approved in 1994; and the final plat for the subdivision was filed in 1995. Under the subdivision process, nine commercial lots were . created, with access to those lots being via Valley Commons Drive to Ferguson Avenue or Fallon Street. She noted that a "no access" note for Lots 1, 2, 3 and 4 has been required on the face of the plat, to ensure that access would be from Valley Commons Drive only and not from Fallon Street. The Assistant Planning Director reminded the Commission that approved uses for Lot 1 include convenience uses. She noted that in the proposal for development of Lots 1 and 2, a convenience store/gas station/drive~in restaurant has been proposed. In conjunction with that development, an exit only drive is proposed to Fallon Street, to maximize the amount of landscaping and buffering that can be provided on the site. She stressed that the "no access" note is to be removed for Lot 1 only, and will remain in effect for Lots 2, 3 and 4. The Assistant Planning Director stated that the City~County Planning Board considered . this application at its June 4 meeting and, following the public hearing and review of the applicable criteria, concurred in the staff's recommendation for approval, subject to two conditions. She stated that the Board also waived the requirements for an environmental assessment and community impact statement since the information is already available in the Master Plan. The Assistant Planning Director stated that the property across Fallon Street to the north is owned by Mr. Ken LeClair; and he recently obtained a zone map amendment to rezone that property from "R-4", Residential--High-density, to "R-O", Residential--Office. She stated that, while the Planning staff feels that apartments would be appropriate on that property, the developer has indicated his preference is to construct offices on that site; and staff concurs . that is also an appropriate use. She noted that the requested access onto Fallon Street is to be located 250 feet from its intersection with Ferguson Avenue, which meets code requirements. She cautioned that the 60-day review period for this application expires on June 29; therefore, the decision must be made at this meeting or an extension requested from, and granted by, the applicant. 06-17-96 ----- - 3 - Mr. Mike Potter, applicant, stated that the characteristics of a convenience store/gas station have changed since master planning of this project began, so that a drive-through fast food establishment is now included. He noted that under this requested modification, a one- way lane would allow drive-through customers to exit the site onto Fallon Street. He stated . that the architectural plans for the buildings on Lots 1 and 2 are nearly complete; and he hopes to begin construction on Lot 1 in July with construction on Lot 2 beginning a few weeks later. He reminded the Commission that a small scale convenience store/gas station has always been planned on Lot 1, and requested that this modification be approved to allow for the best configuration possible on that site. Commissioner Stiff forwarded his concerns about this requested modification, stating he feels it is a reflection of overbuilding the site. He also expressed concern that this modification is being requested on the first lot to be developed in this planned unit development. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the amended final plat for Valley Commons Subdivision, as requested . by Potter Clinton Development, Inc., under Application No. P-9621, to modify the note on the face of the plat to permit access from Lot 1 to Fallon Street, subject to the following conditions: 1. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for final Subdivision Plats, shall contain all required certificates, and existing easements and notes, as well as a note regarding the purpose of the plat being to provide for access from Lot 1 to Fallon Street. The final plat shall contain a note that "No Direct Access to Fallon Street will be allowed from Lots 2 through 4", and that Lots 1 and 2 will share an access from Valley Commons Drive. Two clothback, two mylar and a digital copy of the plat must be submitted for final plat review, along with a Platting Certificate; and 2. While not a condition of subdivision plat approval, the subdivider shall hereby be informed that the access from Lot 1 onto Fallon . Street must be constructed to a city standard access approach, including a sidewalk at grade, apron, and drop curb. A curb cut/ sidewalk permit must be obtained from the City Engineering Department prior to construction of the access. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Stiff. 06-17-96 - --~...~----_.__.._._.._._-_. __n.__ __.. - 4 - Preliminarv olat - Steve McGough for Wheeler Mobile Home Park - allows for exoansion of existina mobile home park to create a total of 46 "lots" for rent or lease - 7.986-acre Darcel located in the S1Iz of the NW% and the N 1Iz of the SW%. Section 11. T2S. R5E. MPM (north side of 2700 block of West Babcock Street) (P-9620) This was the time and place set for review of the preliminary plat for Wheeler Mobile Home Park, under Application No. P-9620, to allow for expansion of the existing mobile home . park to create a total of 46 "lots" for rent or lease, on 7.986 acres located in the south one-half of the northwest one-quarter and the north one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the north side of the 2700 block of West Babcock Street. Assistant Planning Director Arkell presented the staff report. She stated that, while this application must be processed under the subdivision regulations, it will not be surveyed and will not be recorded at the Clerk and Recorder's Office. She noted, rather, that 45 of the 46 "lots" created will be available for rent. She stated that at the present time, the subject parcel is outside city limits; however, the applicant has applied for annexation and a zone map amendment to "R-MH", Residential--Mobile Home, District; and both of those applications have . been approved, contingent upon the applicant meeting conditions. She indicated that this application has been processed on the assumption that those two processes will be completed. The Assistant Planning Director stated that there are twelve mobile homes and one site-built home and garage on the subject property. Under this application, the mobile home park is to be expanded to cover the entire 8~acre parcel. The lots are to be configured so that the site-built home is on a lot; and the existing garage will be on a lot large enough to accommodate a new mobile home as well. Access to the subdivision is to be via West Babcock Street and West Mendenhall Street, with Meghans Way serving as a private north/south street through the subdivision. The applicant has proposed that Meghans Way be constructed at a 22-foot width with no parking allowed on the street, a 4-foot~wide boulevard and a 4-foot-wide paved walk on the west side of Meghans Way. The Assistant Planning . Director stated that the applicant has requested no curb and gutter be required along Meghans Way; and that would require approval of a variance by the Commission. She noted that the applicant has proposed three off-street parking spaces for each lot, to ensure that code requirements are met and to ensure adequate parking is provided since on-street parking would not be allowed under this proposal. She forwarded the recommendation from the Development 06~ 17-96 -. -.. -.- ~-- ~ 5 - Review Committee and the City-County Planning Board that a 28-foot-wide street with curb and gutter be required; that parking be allowed on the west side of the street, with only two off-street parking spaces being required on each lot; and that a concrete sidewalk be required rather than a paved walk. She stated that Planning Board also forwards a recommendation for . denial of the requested variance, noting that a review of mobile home parks in the area revealed that those without curbs and gutters were typically less well maintained, often with vehicles partially parked on the lawns. The Assistant Planning Director stated that the applicant has requested a second variance, to allow Lots 2 through 12, Block 1, to be less than the minimum 50-foot width. She noted that those lots, which already exist, range from 46 to 48 feet in width and meet the minimum 5,OOO-square~foot size. She stated that staff and the Planning Board support this requested variance, recognizing that requiring the minimum 50-foot width could create hardship since the existing lots seem to function well. Assistant Planning Director Arkell stated that during the public hearing before the Planning Board, one person spoke in support of the subdivision; and one letter of opposition . was received. Also, one request for public access to the private park was received. She reminded the Commission that the park areas for Greenway Subdivision, Westgate Subdivision and Yellowstone Peaks Subdivision all abut the parkland area for this subdivision; and all of those parks are dedicated to the public. She suggested that this park area could remain a private park, but the Commission could require the applicant to provide an easement that would designate the area for public use. The Assistant Planning Director stated that, since the information is available in the Master Plan, the requirements for an environmental assessment and community impact statement were waived by the Planning Board. She noted that the City-County Planning Board reviewed this application in light of the criteria established in the Montana Platting Act, taking . into consideration the staff findings as contained in the written staff report. She stated that. following the public hearing, held on June 4, the Planning Board forwarded its recommendation for approval, subject to twenty conditions. She briefly highlighted those conditions, noting that the Planning Board has recommended that Meghans Way be constructed to a 28-foot width, that public access be permitted on the 30-foot-wide easement strip along the north edge of the 06-17-96 "~ " --.--..-. -- ---. - - 6 ~ parkland, and that the variance to the 50-foot lot width be waived. She suggested that if the Commission wishes to require public access to the entire park area, it could modify the conditions to require a public easement for that purpose. She cautioned the Commission that the 60-day review period for this application expires on June 29; therefore, the Commission . must request, and obtain from the applicant, an extension of the review time if it wishes to not make a decision today. Responding to Commissioner Frost, the Assistant Planning Director stated that right- of~way dedications and easements are still needed for the widening and improving of West Babcock Street; and that process is still in the Attorney's offices. Mr. Jonathan Roen, C&H Engineering, representing the applicant, expressed concern about Condition No. 11 in the resolution from the Planning Board. He noted that widening of Meghans Way from 22 feet to 28 feet would cost an additional $10,000; and adding curb and gutter would add another $25,000. He cautioned that an affordable housing project is borderline at best, and adding $35,000 to the upfront costs could create an extreme hardship. He then expressed concern about Condition No. 16, which requires elimination of Lot 1 and . possibly Lot 13 in Block 1, if widening of West Babcock Street does not allow adequate width for a mobile home, with those homes being located elsewhere on the site. He stated that during the Planning Board meeting, he provided a drawing that shows how a 12~foot by 70-foot mobile home could be placed on Lot 1 and meet all of the setback requirements. He then indicated that the applicant has no problem with extending the water and sewer services to the eastern edge of the park; and he is willing to execute an easement for public use of the park. Assistant Planning Director Debbie Arkell stated that the Planning Board resolution, as forwarded to the Commission, does not include the modifications to conditions which were approved by the Planning Board. She reviewed the modifications which were included in the Board's motion and vote, noting that they address many of Mr. Roen's concerns. She indicated . that those modifications are as follows: Condition No.5 - add reference to the status of the ditch/stream; Condition No. 11 ~ add the requirement that water and sewer services be extended to the east property boundary within the easement in the park, and add the standard paragraph requiring the installation of concrete sidewalks upon development of a lot or within three years of approval of the subdivision, whichever occurs first; Condition No. 14 - add 06-17-96 - ----.----- ......---- -....- - 7 - provision for a financial guarantee; and Condition No. 16 - amend to allow for relocation of the mobile home on Lot No.1. The Assistant Planning Director noted that the Planning Board did not require an easement to allow for public use of the park; and if the Commission wishes to add that provision, it could be incorporated into Condition No. 11. . Responding to Mayor Stueck, the Assistant Planning Director stated that a 22-foot- wide street is allowed within a mobile home park under the code requirements; the variance requested would be to not require curb and gutter. She noted that, while a 22-foot-wide street is allowed, the Development Review Committee and Planning Board have recommended a 28- foot-wide street, so that parking could be allowed on one side of the street, thus reducing the number of off-street parking spaces required. She assured the Commission that, with proper planning, the lots would be large enough to accommodate a mobile home and three off-street parking spaces while providing for the required setbacks. Mayor Stueck stated that, after viewing existing mobile home parks in the area, he does not support waiving of the requirement for curbs and gutters along Meghans Way; and he is willing to support the 22-foot-wide street. . Responding to Commissioner Stiff, the Assistant Planning Director stated that under the City's regulations, two off-street parking stalls are required per lot plus one guest parking space for every four lots. She recognized that the proposed three off-street parking spaces on each lot exceeds that requirement. Commissioner Frost stated support for the 22-foot-wide street. He expressed concern about providing three parking spaces on each lot; however, he recognized that with no on- street parking, options for providing the guest parking spaces are limited. Responding to questions from Commissioner Frost, Assistant Planning Director Arkell stated that the landscaping must be installed up front. If it is not, the developer may provide a financial guarantee, and must then install the landscaping within one year under the . conditions recommended by the Planning Board. Responding to Commissioner Youngman, the Assistant Planning Director stated that if the Commission requires curb and gutter along Meghans Way, Condition No.9 must be revised to require curb and gutter, with "no parking" signs on both sides of the street and three off-street parking spaces to be provided per lot. 06-17-96 ..------ - 8 - Commissioner Youngman suggested that the Commission give the developer some flexibility on providing the necessary off-street parking spaces, possibly by allowing him to provide two off-street parking spaces per lot plus one additional space per four lots, interspersed throughout the subdivision. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the preliminary plat for Wheeler Mobile Home Park, under Application No. P-9620, to allow for expansion of the existing mobile home park to create a total of 46 "lots" for rent or lease, on 7.986 acres located in the south one-half of the northwest one- quarter and the north one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, including the requested variance from the 50-foot minimum lot width requirement for Lots 2 through 13, Block 1, subject to the following conditions: 1. The Annexation Agreement must be signed by the property owner and the City prior to i nsta Ilatio n of public infrastructure improvements. If the Annexation Agreement for the property has been completed and signed by both the property owner and the City Commission prior to July 22, 1996, impact fees will be . waived for the existing thirteen dwelling units on the property. If the annexation agreement is not signed by both parties by July 22, 1996, the existing units will be subject to full impact fees; 2. An original cloth back and mylar, three paper and one digital copy of the final plat shall be submitted which reflect how all conditions of approval have been met. The plat shall contain or be accompanied by all signed certificates and documents as required in Section 16.16.030 of the Bozeman Area Subdivision Regulations, including a Platting Certificate. The developer shall have three years from the date of preliminary approval to complete the above conditions and apply for final plat approval. The final plat shall conform with the requirements of Chapter 16.16 of the Bozeman Area Subdivision Regulations; 3. Montana Department of Environmental Quality approval of the subdivision must occur prior to final plat approval, as must licensing of the mobile home park by the State. A copy of the approval and license shall be submitted with the final plat application; . 4. Any development identification sign must comply with the Zoning Ordinance, in that: a) it must be designed as a "Iow profile" sign; b) cannot be higher than five feet; and c) cannot exceed 12 square feet in sign area. A sign permit must be obtained from the City Building Department prior to construction of the sign; 5. The Montana Department of Fish, Wildlife and Parks; National Conservation Resource Service; Montana Department of Environmental Quality; and the Army Corps of Engineers shall be contacted regarding the proposed project and any required 06-17-96 - 9 - permits, e.g., 310, 404, Turbidity exemption, etc., and the status of the ditch/stream. These permits shall be obtained prior to initiation of construction and shall be submitted with the sewer, water and street plans and specifications. No mobile home, addition, porch, deck, parking area or other similar improvements may be located within the 35-foot watercourse setback if the watercourse is identified by the controlling agencies as a ditch/ stream combination. A ten-foot maintenance easement shall be . provided on each side of the watercourse within the subdivision from the high watermark of the banks. The watercourse setback and maintenance easement shall be noted on the final plat; 6. The developer shall consult with the US Postal Service with regard to mail service, and the type and location of mail receptacles. If a centrally-located bank of mail receptacles is to be used, the location shall be shown on the final plat; 7. The phasing of the subdivision shall be clearly shown on the final plat, if appropriate, and Phase I shall commence from West Babcock Street and go north, to a minimum of including West Mendenhall Street. The phasing must be approved by the Planning and Engineering offices; 8. West Mendenhall Street shall be constructed to a full City standard, including curb and gutter, sidewalks and storm drainage facilities from the east boundary of the property to connect to existing West Mendenhall Street to the west. A City standard dead-end barricade shall be installed at the east end of West Mendenhall Street. Sidewalks shall be installed on both sides of . West Mendenhall Street with Phase I. City standard drive approaches, i.e., concrete apron, sidewalk section and drop-curb, shall be constructed on West Mendenhall Street, with each approach being a minimum of 8 feet from the side lot lines; 9. Meghans Way shall be constructed with a width of 22 feet in order to safely accommodate traffic, and shall be constructed with curb and gutter throughout. A minimum of two off~street parking spaces per lot plus one addition~1 off-street parking space per every four lots (per subdivision regulations) , strategically interspersed throughout the subdivision, shall be provided. The proposed configuration of three off-street parking spaces on every lot, as shown on the preliminary plat, is acceptable, provided all setback requirements are met. The sidewalk on the west side of Meghans Way shall be a concrete sidewalk. "No Parking" signs shall be installed along both sides of Meghans Way in accordance with the requirements of the Manual of Uniform Traffic Control Devices (M.U.T.C.D.). A detail of the signs and the location of signs shall be shown on the plan and specification construction . sheets, and approved by the City Engineer's office. A 4-foot-wide curb walk shall be installed around the cul-de-sac fronting on Lot 9, Block 2, to provide pedestrian access to the park. Street marker signs shall be installed at the intersections of West Babcock Street and Meghans Way, and West Mendenhall Street and Meghans Way. A stop sign shall be installed at the intersection of West Babcock Street and Meghans Way; 06-17-96 -'---~ ______n_____ - 10 - 10. A note shall be placed on the final plat that no direct access to West Babcock Street will be permitted from Lots 1 or 30, Block 1 ; 11. All infrastructure improvements including water and sewer main extensions, public and private streets including curb and gutter, sidewalks and storm drainage infrastructure improvements shall be financially guaranteed or constructed and accepted by the City . prior to final plat approval. Any proposal to phase the installation of infrastructure or streets for the proposed subdivision must be submitted to and approved by the City Engineer in detail prior to initiation of any construction activity. The sewer and water mains shall be extended to the east property boundary within the 30- foot-wide easement on the north edge of the property. Sidewalks must be installed at the time a mobile home is placed on a lot. City-standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any home located on the property. Upon the third anniversary of the final plat approval of any phase of the subdivision, the developer shall, without further notice, construct said sidewalk for the lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. Plans and specifications and a detailed design report for water and sewer main extensions, storm drain, and the public street, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the . City Engineer and the Montana Department of Environmental Quality, (sewer and water only). The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Water and sewer improvements must be installed under one phase. Water and sewer plans and specifications will be reviewed separately from the preliminary plat. Drawings must show accurate utilities location (gas, power, telephone, television). Individual stubs, both water and sewer, may be installed to each lot. The final arrangement of water and sewer services to each individual lot shall be subject to review and approval by the City Water/Sewer Superintendent and the City Engineer, including the final decision whether individual meter pits will be required to serve each unit. The 13 existing residences must connect to City water and sewer . as soon as the infrastructure is in place to serve the units. The existing septic tanks and drainfields must be properly removed and the removal documented and certified by the developer's professional engineer. No new mobile homes may be moved into the park prior to City acceptance of the subdivision sewer and water infrastructure improvements. 06-17-96 - 11 - Written access/utility easements for the water and sewer main extensions, Meghans Way, West Mendenhall Street, West Babcock Street, and the easement on the north boundary of the property shall be provided from the property owner to the City prior to final plat approval, at a minimum of 30 feet in width, with the utility located in the center of the easement, unless the easements are provided with the Annexation Agreement. In no case shall the utility be less than ten feet from the edge of the . easement. A written public access easement shall be provided for the entire private park area, to ensure public access through the private park from adjoining properties to the adjacent public parks. These written easements shall be approved by the City Engineer and filed with the Clerk and Recorder prior to final plat approval. A written utility easement for power, telephone, gas and cable TV shall also be filed with the Clerk and Recorder's Office prior to final plat approval. The maximum spacing distance between fire hydrants shall be no greater than 500 feet, with the location shown on the water plans and specifications. The water main in West Mendenhall Street shall be a minimum of 8 inches in diameter; 12. A Stormwater Drainage/Treatment Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public and private streets and all lots must be provided to and approved by the City Engineer. . The plan must show detention/retention basin locations and provide easements for adequate drainage ways within the subdivision, if necessary, to transport runoff to an approved stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site and across lot drainage ways), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan; 13. If construction activities related to the project result in the disturbance of more than five acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from State waters; 14. A landscape plan shall be submitted with the final plat which shows the species and planting size of the trees which are to be . planted at 15-foot intervals along the rear of ALL lots, along the left side (from street) at 1 5-foot intervals, and the location of one tree to be planted in the interior of each lot near the streets. The planting size shall comply with Section 18.50.100.0.5.(i) of the Zoning Ordinance. The trees along the rear and left side of each lot shall be planted with each phase or shall be financially guaranteed with a financial Improvements Agreement. The trees to be planted in the interior of each lot shall be planted at the time new mobile homes are placed on the lots. The landscaping plan shall be prepared and certified by either a registered Montana 06-17-96 - 12 - Landscape Architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience; 15. The limits of each mobile home lot shall be marked on the ground with a suitable means prior to submittal of the plan for final approval. Minimum access width to each mobile home stand shall . be 12 feet, and shall be improved at the time a home is placed on the lot. As noted on the preliminary plat, all new units (i.e., all except Lots 1-12, Block 1) shall have a crawl space foundation with 4-inch concrete walls and be insulated to R-19, or the water service must be altered. As existing units are replaced, crawl spaces will be constructed on those lots. A building permit must be obtained for every crawl space foundation; 16. The existing mobile home on Lot 1, Block 1, shall be relocated within the boundaries of that lot and situated so that it will not encroach on any setback or the existing mobile home on Lot 1, Block 1, shall be relocated to a new lot within the park, and the "lot" lines of Lots 1-13, Block 1 shall be reconfigured to ensure all amenities for each lot are kept on the individual lot, and that required setbacks between mobile homes are obtained; 17. A copy of the final covenants regarding upkeep of the mobile home park shall be submitted with the final plat; 18. Paybacks required by the SID No. 621 Sewer Payback Area and the SID No. 622 Water Payback Area shall be made prior to final . plat approval; 19. All wire fencing between the common boundary of the Wheeler Mobile Home Park Subdivision and the Westgate and Greenway Subdivisions shall be removed by the developer (including wire and posts). The park area must have all fencing material, construction debris, and other trash removed, and the entire park area shall be leveled and reseeded prior to final plat approval. The public park boundary bordering the private park and private lots shall be delineated at the common private/public corner pins with flat flexible fiberglass posts, a minimum of 6 feet in length with no less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on sign stating "Park Boundary", and shall be installed prior to completion of Phase II. The posts shall be equivalent to CARSONITE type - 6 feet long by 3 inches wide, white or brown in color. The sign shall be permanent glue on outdoor type approximately 2 3/4 inches by 14 inches stating PARK BOUNDARY or PROPERTY BOUNDARY. A pedestrian bridge shall be constructed over the creek from the private park to the public park prior to the completion of Phase II. Appropriate permits shall be obtained for the bridge (310/ etc.); and . 20. Individual street lights shall be installed at the intersection of each driveway with a public or private street. A detail of the type of light fixture to be used shall be provided with the final plat. The light must be designed to deflect light down and/or away from all adjoining residential property and shall not detract from driver visibility on adjacent streets. 06-17-96 n____ -.- ~ 13 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. . Conditional Use Permit - Andv Shabbir Hassanali for Cafe Internationale - allow serving of beer and wine at existina restaurant located in the Emerson Cultural Center on Tracts 2 and 3. Block C, Alderson's Addition (South Grand Avenue between West Babcock Street and West Olive Street) (Z-9641 ) This was the time and place set for consideration of the Conditional Use Permit requested by Andy Shabbir Hassanali for Cafe Internationale, under Application No. Z-9641, to allow the serving of beer and wine in an existing restaurant located in the Emerson Cultural Center, on Tracts 2 and 3, Block C, Alderson's Addition. The subject restaurant is more commonly located on South Grand Avenue between West Babcock Street and West Olive Street; and its street address is 207 West Olive Street. Assistant Planner Jody Olsen presented the staff report. She stated that under this application, Cafe Internationale is seeking a beer and wine license to allow the sale and . consumption of alcoholic beverages not only in the cafe, but also in their outside eating area and at catered events throughout the Emerson Cultural Center and the community. The Assistant Planner stated that the City~County Planning Board conducted its public hearing on this application at its meeting held on June 4. Following review of the application in light of the six criteria set forth in the zone code and the comprehensive staff findings contained in the written staff report and after consideration of the public testimony received, the Planning Board concurred in staff's recommendation for approval, subject to nine conditions. She noted that the conditions are designed to mitigate the potential negative impacts identified due to the close proximity of this restaurant to churches and schools in the immediate area, particularly since the Bridger Alternative School is also located in the Emerson Cultural Center. She highlighted those conditions, noting that alcoholic beverages are not to . be served in the restaurant or outside seating area during school hours; no bar is to be established; and no beer or wine advertisements are to be displayed on the exterior of the building. Mr. Andy Hassanali, applicant, noted that last year, he lost an estimated $3,000 because he was unable to serve alcoholic beverages at several banquets he catered; therefore, 06~ 17-96 -- -.---. -. -- .--..- - 14 - the beverages were catered by another business. He expressed concern that with an alcoholic beverage license with catering endorsement, he is unable to compete with other businesses in the community; and he is seeking "a level playing field". He noted that many other restaurants which are frequented by families with children have licenses to sell alcoholic beverages; and . those restaurants operate within the boundaries of the law. Mr. Hassanali stated that he talked to his neighbors before applying for the beer and wine license; and they have indicated no problems with it. He noted that his customers are begging for wine with their dinners; and his catering business is suffering from the lack of a license. Mr. Hassanali estimated that 90 percent of his clientele are 30 to 50 years of age; and many of them are business people who eat lunch as his restaurant. He stated that students at the Bridger Alternative School do not enter his establishment except to apply for jobs. He concluded by encouraging Commission approval of this application. Responding to Commissioner Frost, Assistant Planning Director Debbie Arkell stated that, since the beer and wine license for which Mr. Hassanali has applied is a new license and . since there are thirteen applicants for the one license, the Planning Office and the State Department of Revenue have agreed that the applicants may complete applications for conditional use permits and submit their fees; but the applications will not be processed until the State awards the license. She noted that this will save both the applicants and the City time and money in processing applications. She indicated that any applicant who wishes may still request to go through the conditional use process prior to the State's decision, recognizing that obtaining the beer and wine license is not guaranteed. She recognized that, since the application for the conditional use permit might not be processed until after the State has made its decision, the serving of beer and wine may be delayed for two or three months, until the zoning processes have been completed. . Responding to Mayor Stueck, the Assistant Planning Director indicated that, if the Commission wishes, it may table action on any conditional use permit applications processed until after the State's decision on the beer and wine license. She affirmed that, at last report, representatives from the State Department of Revenue Liquor Division indicated that they anticipate a decision on award of the license in September. 06-17-96 .- - .--..----.-......- ..- .--..- .- - - - -. -.. -- --- - -- -'...,--- - ------ -..---.. - 15 - Further responding to Mayor Stueck, Assistant Planning Director Arkell stated that, until 1991, the zone code required that an establishment serving alcoholic beverages must be a minimum of 600 feet from a church or a school. She noted, however, that when the code was revised in 1991, that provision was eliminated, so it is strictly a State requirement at this . time. Responding to Commissioner Youngman, Mayor Stueck stated that if he were to act on this conditional use permit application today, he would vote against it because of its proximity to schools and churches. He stated, however, that if the State chooses to award the beer and wine license to the Cafe Internationah~, despite its regulations about proximity to churches and schools, he can then support approval of the conditional use permit. Commissioner Youngman forwarded her dislike for the State regulations because "you could drive an apartment complex through the loophole". She noted that in this instance, the neighbors have indicated support, including those who the law is designed to protect; therefore, she feels it would be appropriate to approve the conditional use permit. Responding to questions from the Commission, Assistant Planning Director Arkell . stated she does not know the State's method of determining the successful applicant for a new beer and wine license. She suggested, however, that if the City were to either approve or deny a conditional use permit, that could have some impact on the State's decision. City Manager Wysocki reminded the Commissioners that under the conditional use process, they have the authority to impose conditions to mitigate any potential negative impacts identified. He then asked about the intent of the proposed Condition No.1, and whether the limitation on hours of serving alcoholic beverages apply to after-school activities as well as regular school hours for the Bridger Alternative School. He also asked if, under Condition No.4, patrons would be prohibited from walking around with a glass of beer or wine in hand, including catered events. He suggested that the Commission may also wish to consider whether gaming machines would be allowed in the restaurant. . Responding to Mayor Stueck, the City Manager stated that if the Cafe Internationale were sold, the new owner would be required to comply with the conditions attached to approval of this conditional use permit. He noted that the business could be relocated or the 06-17-96 ____ __.u..__.._ ~ ~ 16 - license sold to another establishment; and either of those actions would trigger another conditional use review process. Commissioner Rudberg noted that issuance of the beer and wine license is strictly a State of Montana process; and she does not want to become involved in that process by taking . action on this application at this time. She stated that, while she does not always agree with the Planning Department, she is offended at the inference that the applicant may have been discriminated against. She noted that the State laws are designed to ensure that places serving alcoholic beverages are not located close to schools and churches; however, in this instance, the restaurant is close to both and yet a significant number of letters from people in the community have been received in support of the application. She concluded by indicating her support for delaying action on this item until after the State has made its decision on the beer and wine license. Commissioner Youngman expressed concern that some of the Commissioners wish to table action on this conditional use permit until after the State has made its decision on the beer and wine license; and a number of letters of support have been received. However, when . the Commission recently considered a conditional use permit for a casino in the Buttrey's Shopping Center, it took action immediately even though opposition was received and the State had not yet given final approval for transfer of a beer and wine license to that location. Mayor Stueck stated that, had he realized at the time of the public hearing on the conditional use permit, the State had not yet given final approval on transfer of the beer and wine license, he would not have taken action on the application. He noted that the State regulations establish the 600-foot buffer from churches and schools, and he feels the City should not take action on an application which may not meet those criteria until after the State has acted on the liquor license. Commissioner Frost expressed concern that when the conditional use permit for the casino at Buttrey's Shopping Center was approved, he feels the Commission did not impose . enough conditions to ensure the health, safety and welfare of the public, particularly the students who frequent other businesses at the shopping center. He then indicated that he voted against that casino for the same reasons he would vote for this application. 06-17-96 - 17 - Commissioner Youngman suggested that if the Commission decides to table action on this application, it should also provide some guidance regarding the conditions for approval. Mayor Stueck stated support for adding a condition which prohibits the installation of gaming machines. He also expressed concern about the wording in Condition No.4, noting . that people typically stand or move around at catered events. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission table action on this item until August 5, 1996, pending the State of Montana Department of Revenue's decision on the new beer and wine license. 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 and Commissioner Youngman. Assistant Planning Director Arkell noted that staff is planning to prepare zone code amendments for Commission consideration and asked if the Commissioners wish to have included a provision that anyone applying for a conditional use permit to serve alcoholic beverages must first have received a State license. The Commissioners indicated support for . that type of requirement. Ordinance No. 1422 - Zone Map Amendment ~ "R-3" and "R-4" to "R-MH" on 20.0 acres known as Tract 1 and Tract 2. Barrick Annexation. in the E %. NE Y4. SWY4. Section 11. T2S. R5E. MPM (south side of 2700 and 2800 blocks of West Babcock Street) (Gene Cook. et al.) Previously included in the Commissioners' packets was a copy of Ordinance No. 1422, as approved by the City Attorney, entitled: ORDINANCE NO. 1422 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 "R-3" (RESI DENTIAl--M ED! U M -DEN SITY) AND "R-4" (RESIDENTIAl--HIGH- DENSITY) TO "R-MH" (RESIDENTIAl--SINGLE-FAMll Y MOBILE HOME) ON 20.0 ACRES LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST . ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11. TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1422, amending the zoning from "R-3" and "RA" to "R-MH" on 20.0 acres located along the south side of the 2700 and 2800 blocks of West Babcock Street. The motion carried by the following Aye and No vote: those voting Aye being 06-17~96 - 18 - Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost. Authorize eXDenditure of $2,500 from City Commission's FY1996 budaet (other) for arant to Gallatin Valley Tomorrow, Der reauest dated May 17, 1995 . City Manager Wysocki reminded the Commission that he had removed this item from the Consent Items for discussion. Commissioner Stiff stated that he had asked the City Manager to remove this item because he is concerned that only the City will be contributing to this program, since the County Commission has indicated it will not approve the requested funding. He noted that many of the problems revolving around growth and development are centered in the jurisdictional area, yet the County chooses not to participate in this project. Mayor Stueck concurred with Commissioner Stiff's comments, noting that the County continually indicates it has no funds available for new projects because of 1-105 and other demands for their monies. He recognized that much of the impact from development and urban . sprawl is in the donut area, where agricultural land is being developed. Commissioner Stiff stated that in a budget the size of the County's, $2,500 is a small amount that could easily be accommodated if they were truly interested in addressing growth issues. He questioned whether the City Commission and County Commission are actually working toward the same goal, noting that if they are not, decisions on master plan amendments would become extremely difficult in the future. He forwarded his position that if an entity is willing to physically participate, it should also be committed to financial participation. Mayor Stueck noted that the Gallatin Valley Tomorrow project, which was originally called the Leap of Faith, was originally designed as a volunteer effort. He noted that when funding needs were identified, he became a sponsor of the project. . Mr. Tim Conner, Gallatin Valley Tomorrow, asked about the level of funding which the Commission is considering at this time. He reminded them that the request is for a $2,500 grant and a challenge to the community with a matching grant of $2,500. The Commissioners responded that at the present time, the Commission is considering the $2,500 grant from this fiscal year's budget. They further indicated that if the community 06-17-96 ..___._n___ - 19 - contributes $2,500, the City will consider matching those monies, probably from next fiscal year's budget. Mr. Tim Conner stated that, typically, volunteer efforts which last for several months result in burn-out of the participants and no concrete product. He indicated that, to ensure a . usable product results from the Gallatin Valley Tomorrow project, funding is being sought to obtain a staff person to devote time to the project and development of a plan. Commissioner Frost stated he had also requested this item be removed from the Consent Items. He recognized that many of the problems with growth are in the county; however, he noted that there are also problems within the city limits that need to be addressed. He forwarded his support for the process, characterizing it as being very similar to the process used to update the master plan seven years ago. He suggested that, with staff input, the information gathered from the Gallatin Valley Tomorrow project could be used as the first step toward the much-needed long-range planning efforts and updating of the master plan. He questioned, however, why the City should consider funding this project if the Commission does not intend to continue funding the long-range planning position. He asked if there are sufficient . monies in the City Commission's budget to fund this request, noting that if there is not, he feels the monies should be taken from the General Fund. Mayor Stueck reminded the Commission that approximately three weeks ago, he asked the Commissioners to review this request and, if no questions or concerns were raised, that it be placed on the agenda for approval. Commissioner Youngman stated her support for the process, stating she feels it is a good one. She also indicated her support for contributing $2,500 toward the project, suggesting that the Commission should require a copy of the final report, which could provide some very useful base information for future long-range planning processes. She also suggested that the City should become more involved, rather than having the individual . Commissioners participate as individuals. She expressed concern that the Commission seems to be willing to spend money to begin projects, but it doesn't seem to be willing to spend monies to end projects, citing the affordable housing policy as an example. Commissioner Rudberg stated she is hurt and annoyed by the County's unwillingness to become financially involved in this process. She forwarded her support for the Gallatin 06-17-96 .._'~'''.. - 20 - Valley Tomorrow project; however, she stated that she does not view this as being combined with long-range planning. She recognized that people in the community have been waiting for an opportunity to discuss the future of the community, and she does not feel it would be appropriate to place any restrictions on the process. . Commissioner Stiff noted that, while members of the agricultural community around Bozeman may not attend meetings, they are well aware of the discussions going on around them. He stated that at this time of the year, they are generally busy with the operation of their businesses and are unable to attend meetings. Commissioner Rudberg recognized that some good and innovative ideas can be generated by open discussions within the community. She reiterated her position that no restrictions should be implemented to ensure the most valuable ideas possible are generated. Mayor Stueck characterized this process as a way to depolarize views in the community, and get those involved to identify ways to resolve problems and address concerns raised. Commissioner Frost stated that if this process is not connected to long-range . planning, he cannot support it. He recognized the benefits of having open dialogue in the community; however, he feels the monies will be wasted if the results are not used for updating of the master plan, a process which should have been started nearly two years ago. City Manager Wysocki suggested that the Commission could require copies of the preliminary report and any subsequent reports in conjunction with approval of the request for funding. He noted that, with 200 to 500 people involved, the input derived could be very beneficial when the City prepares to update its master plan. Commissioner Frost stated that he cannot vote either for or against this request, so he will abstain. Mayor Stueck stated that, since he does not support long-range planning, he cannot . support this request. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize expenditure of $2,500.00 from the "other" line item in this fiscal year's City Commission budget, and challenge the community to match another $2,500.00 grant from next fiscal year's budget, with the stipulation that the City receive copies of the 06-17-96 ....--..--------.--.- -.-------.----- ------- - -. .--.-----... --..-... - 21 - reports prepared. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg and Commissioner Stiff; those voting No being Mayor Stueck. Commissioner Frost abstained. . Ordinance No. 1424 - amendinQ Sections 18.26.020.8. and 18.38.020.8. Bozeman Municipal Code. to allow aolf courses and drivina ranees as conditional uses in R-O and BP districts and to allow health clubs as conditional uses in R-O districts Included in the Commissioners' packets was a copy of Ordinance No. 1424, as approved by the City Attorney, entitled: ORDINANCE NO. 1424 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 18.26.020.B. AND 18.38.020.8. TO AllOW GOLF COURSES. GOLF DRIVING RANGES AND HEALTH AND EXERCISE ESTABLISHMENTS AS CONDITIONAL USES WITHIN THE "R-O" (RESIDENTIAl--OFFICE) DISTRICT AND GOLF COURSES AND GOLF DRIVING RANGES AS CONDITIONAL USES WITHIN THE "BP" (BUSINESS PARK) DISTRICT. Clerk of the Commission Sullivan stated that this ordinance enacts a zone code . amendment which was approved by the Commission in May 1995. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1424, amending the zone code to allow golf courses and driving ranges as conditional uses in the "R-O" and "SP" districts and health and exercise establishments as conditional uses in the "R~O" district, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your . Information" items. (1 ) An unsigned two~page letter to the Commission encouraging the installation of more street lights. (2) Letter from Vanessa Watts asking for a teen center in the community. 06-17-96 - 22 - (3) Letter from the Historic Preservation Office, dated June 10, 1996, announcing that the Northern Pacific/Story Mill Historic District was added to the National Register of Historic Places on May 10, 1996. (4) Minutes from the Montana Transportation Commission's regular meeting . held on April 10 and 11, 1996, and the telephone meeting held on May 2, 1996. The City Manager highlighted the upcoming bid letting dates for projects in the City of Bozeman. (5) Memo from Planning Director Epple, dated June 13, regarding his use of annual leave and designating an Acting Planning Director. (6) Minutes from the Parking Commission meeting held at 7:30 a.m. on Thursday, May 9, in the Conference Room at City Hall. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 18, in the Commission Room. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 18, in the Commission Room. . (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 18, at the Courthouse. (10) The City Manager submitted his weekly report, as follows. (1) Reminded the Commissioners that the Interagency Breakfast will be held at 7:00 p.m. on Wednesday, June 19, at Bridger Bar-B-Q. (2) Announced that a motion has been presented to the Supreme Court regarding the class action suit on reappraisal of property. He noted that the motion asks the Supreme Court to take jurisdiction of the case; and a brief is to be filed next week. (3) Announced that at its meeting on Thursday morning, the Parking Commission discussed the possibility of assuming jurisdiction of all parking issues. He noted that at the present time, the Parking Commission's jurisdiction is limited to the off-street parking lots in the downtown area; and they are looking at incorporating the on-street parking in the downtown area as well as the . residential parking districts into their program. (4) Met with representatives from the Bozeman Deaconess Foundation regarding plans for development of their 500 acres off Highland Boulevard. (5) Noted that he has been working on the budget. 06-17-96 ---...-.-----.-------.-- --.. ---------- - 23 - (11 ) Commissioner Rudberg stated that, just before she left on vacation, she spend a day with gentlemen from the Netherlands, noting it was an interesting experience. (12) Mr. David Smith, Executive Director for the Bozeman Area Chamber of Commerce, submitted the following. (1) Thanked the Mayor for his participation in various . community events in conjunction with the College National Finals Rodeo, which was held in Bozeman last week. He noted that Bozeman will have the rodeo in 1997; however, the community must work diligently to prepare a competitive bid to retain the rodeo. He stated that the decision on the location of future rodeos will be made in Las Vegas in December. (2) Announced that the Montana Transportation Commission has approved the expenditure of $932,000 for the new visitors' center/rest stop at the North 19th Avenue interchange. He noted that bidding of the project is scheduled for October 1996. (3) Attended the meeting in Helena regarding relocation of the agriculture research station. He noted that at that meeting, it was evident the decision had already been made to relocate the facility to Sidney. (4) Participated in a familiarization tour with journalists from Taiwan and China last week. (13) Mayor Stueck submitted the following. (1) Attended the second retreat of . the City-County Health Board on Saturday. (2) Attended several activities for the College National Finals Rodeo last week. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receict of acclication for annexation. Michael Delaney. Ileana Indreland. Delaney & Co.. Inc.. and Oxford Trust - Tracts A and B. cas No. 1005. and Tract 2. cas No. 1846. located in the SW%. Section 10. T2S. R5E. MPM (135 acres located at the northwest corner of the intersection of US Hiahway 191/Huffine Lane and Ferguson Road: refer to staff Acknowledae receict of acclication for annexation - C & H Engineerina. recresentina William A. Phillics. G.K. Reiser and McRay Evans - three cartels totalling 16.438 acres located along the east side of . South Rouse Avenue. at Mason. Accola and Hoffman Streets extended; refer to staff Commission Resolution No. 3125 - establishina public hearing on application from AK Specialties. Inc.. for tax reduction for expandina business for July 1. 1996 06-17-96 - 24 - COMMISSION RESOLUTION NO. 3125 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF AK SPECIAL TIES, INC., FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SED, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. . Authorize exoenditure of $7 .566.67 as partial reimbursement for costs billed bv the State of Montana Deoartment of Environmental Qualitv for the Bozeman Solvent Site for the oeriod Januarv 1 , 1996 through March 31. 1996 Authorize City Manager to sian - Security Aareement between City and J.D. Harlev-Davidson. Inc. - ourchase of 1996 FLHPI Harlev-Davidson motorcvcle Authorize City Manager to sign - Sewer and Water Pioeline and Assess Easement and Agreement - between City and Clair W. Daines and Sharon Daines - across Lot 2. Guv's Second Addition. existing unolatted tract and oortion of abandoned Chicago railroad riaht-of- way recorded as Plat J-155 (Alderson oroiect) Authorize City Manaqer to sian - Change Order No. 1 for Highland Boulevard Reconstruction - JTL Grouo - add $449.00 and 0 calendar days Authorize absence of Commissioner Youngman from meeting of June 24. . in comoliance with Section 7-3-4322(2). M.C.A. Award bid - 1996 Street Imorovements - Schedules I. II. III. VI and VII to JTL Grouo. Inc.. Belarade. Montana. in bid amount of $393.005.00: and Schedules IV and V to Concrete Soecialties. Inc.. Bozeman. Montana. in bid amount of $161.693.45 Reiect bid - remodelina of City Hall Annex: authorize staff to oroceed with rebidding Award bid - 1994 Water Renovations - Schedules I throuah V to Johnston Excavatinq. Inc.. Bozeman. Montana. in the total bid amount of $288.028.00 Commission Resolution No. 3126 - certifvina delinauent assessments as of Mav 31. 1996 to the County COMMISSION RESOLUTION NO. 3126 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING DELINQUENT ALL SEMI-ANNUAL SPECIAL . ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 1996, WHICH WERE UNPAID AS OF THAT DATE. AND RATIFYING THE DIRECTOR OF FINANCE'S CERTIFICATION TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Aoolication for Liauor License - Gallatin Lounae Corooration for Lucky Lil's Casino. 2401 West Main Street: continaent UDon receiot of State license 06-17-96 u_.., ._______. - 25 - Authorize City Manager to sign - Amendment No.1 to Professional Services Agreement for corrosion control proiect at Water Treatment Plant - Damschen and Associates; contingent upon Damschen's execution of documents Authorize Nicklin Earth and Water to proceed with remedial investigationl feasibility study (RI/FS) on Bozeman Solvent Site . Buildina Inspection Division report for Mav 1996 Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Recess - 5:12 p.m. Mayor Stueck declared a recess at 5: 12 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 hearina - COA with deviations from Sections 18.50.160 and 18.18.050. Bozeman Municipal Code. to allow new garage and two-storY addition to encroach into 20.foot rear yard setback on the west 75 feet of the north 5 feet of Lot 21 and the west 75 feet of Lots 22.24, Block 27. Park Addition . Jennifer Sheldon. 426 West Koch Street (Z-9637) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.50.160 and 18.18.050 of the Bozeman Municipal Code, as requested by Jennifer Sheldon under Application No. Z-9637, to allow a . new garage and two-story addition to encroach into the 20-foot rear yard setback on the west 75 feet of the north 5 feet of Lot 21 and the west 75 feet of Lots 22 through 24, Block 27, Park Addition. The subject property is more commonly located at 426 West Koch Street. Mayor Stueck opened the public hearing. 06~ 17-96 __._ n___ __ __._._________.__._ __.n ._____..__..._u_._._____ . 26 p Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, an existing single-car garage is to be demolished and a new garage and addition constructed. He noted that the addition is to include a main level mud room and family room; and the upper level is to include a bedroom, laundry area, office and master suite. He . stated that two deviations are required for this project because the existing structure encroaches into the rear yard setback and the proposed addition also encroaches into that setback. The Historic Preservation Planner stated that staff supported the requested deviations because the existing structure already encroaches into the rear yard setback and because of the excellence of design. He indicated that, following staff's recommendation for approval, both abutting neighbors forwarded concerns about the size of the proposed addition and further encroachment into the setback. They also expressed concern about the large addition infringing on the privacy of their homes. The Historic Preservation Planner stated that the Design Review Board reviewed this application, taking into consideration the staff's recommendations and the concerns raised by . the neighbors. The Board recognized the excellence of design of the project but, because of the concerns expressed by the neighbors, hesitantly forwarded a recommendation for denial. Historic Preservation Planner Strahn stated that, subsequent to the Design Review Board, the neighbors, the applicant and her architect met with him to identify a compromise that would meet everyone's needs and concerns. He noted that, as a result of that meeting, a revised plan was prepared; and that plan has been forwarded to the Commission. He stated that letters from the neighbors, Norman D. and Nadeen L. Comfort and Tim Conlan, have been forwarded as well as a letter from Jennifer Sheldon, outlining what they viewed as the key elements of the compromise. The Historic Preservation Planner reviewed the modifications contained in the revised . plan, noting that the length of the proposed addition has been reduced by 2 Y, feet and the width has been reduced by 1 foot, thus reducing the amount of encroachment into the rear yard setback. He noted that other revisions to the plan include: the size of the east-facing windows has been reduced by 1/8; mature trees are to be planted along both property lines to limit the feeling of encroachment; the proposed second-story deck is to be relocated to the 06-17-96 _. _..,,_."'''...__.._ - _____n . ..~--_. . - _..___._ - no..__. - 27 ~ north side of the house; mature screening vegetation is to be planted along the south property line; the large spruce tree is to be preserved; the family room windows are to be reduced in size and raised substantially; and the master bedroom windows are to be smaller. The Planner characterized these compromises as substantial, indicating that staff has reviewed these plans . and finds they meet the criteria while the design remains excellent. He forwarded staff's recommendation for Commission approval, with an added condition that this new plan be referred back to the Design Review Board for review and final approval. Ms. Jennifer Sheldon, applicant, indicated a willingness to respond to questions. Mr. Norm Comfort, 410 South 5th Avenue, stated he lives to the south of the subject property. He stated his support for the project, as long as it is constructed within the parameters of the revised plans. He stated that, with the revisions, his concerns have been add ressed. He asked that if any additional changes are made in the plans, the neighbors be given an opportunity to comment before the plans are approved. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.160 and 18.18.050 of the Bozeman Municipal Code, as requested by Jennifer Sheldon under Application No. Z~9637, to allow a new garage and two-story addition to encroach into the 20-foot rear yard setback on the west 75 feet of the north 5 feet of Lot 21 and the west 75 feet of Lots 22 through 24, Block 27, Park Addition, as shown on the revised plans, subject to the following conditions: 1. The revised plans be referred back to the Design Review Board for review and final approval; and 2. The applicant shall obtain a building permit within one year of . Certificate of Appropriateness approval, or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 06-17-96 - 28 - Commissioner Stiff and Mayor Stueck recognized the manner in which this application was handled and the conflicts resolved, and thanked staff for their efforts. Public hearing - COA with deviations from Sections 18.50.120.K. and 18.50.110.C.2.B.i.. Bozeman MuniciDal Code. to allow two parking SDaces within the reauired 8-foot side yard . setback and to allow a two-way drive access the width of a one-way drive access on Tract 8. Perkins & Stone Addition - Edward and Rebecca Adamson for 424 North Rouse Avenue (Z-9640) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.50.120.K. and 18.50.11 0.C.2.S.L of the Bozeman Municipal Code, as requested by Edward and Rebecca Adamson, under Application No. Z-9640, to allow two parking spaces within the required 8-foot side yard setback and to allow a two~way drive access the width of a one-way drive access on Tract 8, Perkins & Stone Addition. The subject property is more commonly located at 424 North Rouse Avenue. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a dilapidated structure is to be removed and a new house and fence . constructed. Also, ten off-street parking spaces are to be created for the existing four~plex on the property. He noted that during review of this application, several minor concerns were raised about parking; and all of the recommended conditions for approval pertain to parking, curbing and labeling of parking areas. The Historic Preservation Planner stated that the applicant is proceeding with a minor subdivision applicati<;>n in conjunction with this application. He noted that the property is to be divided into three lots, with one lot for the existing four~plex, one lot for the new residence and garage, and one lot for the existing cabin. He noted that that process must be completed before the applicant may obtain a building permit under the recommended conditions for approval. The Historic Preservation Planner reviewed the two requested deviations. He noted . that the first deviation is to allow two parking spaces to encroach into the 8-foot side yard, and the second is to allow a 12-foot-wide two-way drive access to the site. He noted that this deviation would allow the applicant to preserve the mature vegetation on both sides of the driveway. He stated that staff has reviewed these requested deviations and forwarded its 06~ 17-96 - 29 - recommendation for approval, subject to several conditions. He noted that three letters were received, with the major concerns being the use of Perkins Place as the street to access the subject site. He cautioned that the issue of access to the site is one to be considered under subdivision review; and he has forwarded that concern to Assistant Planning Director Arkell for . her consideration as she reviews the application. Mr. Robert Dougherty, representing the applicants, stated he recognizes the traffic concerns which the residents along Perkins Place have voiced. He noted that before his clients purchased the subject property, the residents of the four-plex used Perkins Place as their access to the site; and that has now been changed so they access the site from North Rouse Avenue. He suggested that the proposed use of Perkins Place to access the new single-family residence will have substantially less impact than the four-plex had on that roadway. He indicated that the applicants will either receive their mail on North Rouse Avenue or through a post office box; therefore, they will have no impact on the mailboxes located on East Lamme Street. Mr. Dougherty stated that he has tried to design this project within the confines of the landscaping which exists on the site, indicating that the proposed development of the site . will result in the removal of 2 of the 32 trees existing on the site. He concluded by indicating that the applicant is willing to accept the recommended conditions of approval. Mr. Ed Adamson, applicant, emphasized his interest in preserving the residential character of this property as well as the trees on the site. He suggested that, with changing the access to the four-plex, the amount of traffic on Perkins Place has been decreased; and the additional traffic resulting from the new residence will still have less impact on the street and the neighborhood than previously existed. Mr. Rudolph Svehla, 419 East Lamme Street, stated his support for this application, noting that up to 34 residential units could have been constructed on the subject property. He also forwarded his support for the change in access for the four-plex, stating that North Rouse Avenue provides a better access than Perkins Place. He stated his support for the . improvements which property owners in that general area are making to their properties; however, he remains concerned about the infrastructure in the immediate area. No one was present to speak in opposition to the requested deviations. 06-17-96 .. ---- ~ 30 - Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Mayor Stueck, Historic Preservation Planner Strahn stated that the applicant may either go through the minor site plan process or the subdivision review process . to accommodate three separate residential units on the subject lot; and the applicant has chosen the subdivision process. He indicated that since three lots are to be created under this application, it will be treated as a minor subdivision and, therefore, will not be reviewed by the Development Review Committee or considered by the Commission. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.120.K. and 18.50.11 0.C.2.S.L of the Bozeman Municipal Code, as requested by Edward and Rebecca Adamson, under Application No. 2-9640, to allow two parking spaces within the required 8-foot side yard setback and to allow a two-way drive access the width of a one-way drive access on Tract 8, Perkins & Stone Addition, subject to the following conditions: 1. The applicant shall obtain a demolition/moving permit prior to the . removal of any existing site features; 2. Concrete sidewalks, a minimum of three feet in width, shall be provided between the proposed parking areas and the existing four-plex as per Section 18.50.120.8.13 of the Bozeman Municipal Code; 3. All open off-street parking areas and driveways shall have a six- inch by six-inch perimeter concrete curb around the entire parking lot, including driving access ways. Continuous concrete curbing shall be provided in all situations where deemed necessary and built according to standards provided by the Director of Public Service to control drainage and soil erosion, as required in Section 18.50.120.8.11 of the Bozeman Municipal Code; 4. The twenty-five (25) foot by nineteen (19) foot dimensions of the proposed parking area are to be altered to twenty~six (26) by eighteen (10) feet to meet code provisions, as outlined in Section 18.50.120 of the Bozeman Municipal Code; 5. One of the ten proposed parking spaces is to be designated as handicapped and appropriately dimensioned and signed, as . required by Section 18.50.120.F.3 of the Bozeman Municipal Code; 6. The two proposed parking spaces that access directly onto North Rouse Avenue (i.e., Spaces 9 and 10) are to be relocated for the enhancement of site design, the existing stream corridor and public safety, and subject to staff review and approval; 06-17-96 - 31 - 7. The applicant shall complete the entire subdivision or minor site plan review process before a building permit is issued for the proposed new residence and garage; and 8. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission direct staff to give serious consideration to the problems of Perkins Place and traffic generation on that street while reviewing the minor subdivision for this parcel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - variances from Sections 18.30.050 and 18.50.060(0), Bozeman MuniciDal . Code. to allow 494-sauare-foot covered patio alona east side of existina restaurant to encroach 18 feet into reauired 25-foot front yard setback. 8 feet into reauired 8-foot side yard setback. and 27 feet into reauired 35-foot streambank setback - Restaurant Manaaement for Pizza Hut. 2301 West Main Street (C-9607) This was the time and place set for the public hearing on the variances from Sections 18.30.050 and 18.50.060(0) of the Bozeman Municipal Code, as requested by Restaurant Management for Pizza Hut, under Application No. C-9607, to allow a 494-square-foot covered patio along the east side of the existing restaurant located on a half-acre tract known as Certificate of Survey No. 19P1756, located in the southeast one-quarter of Section 11, Township 2 South. Range 5 East, Montana Principal Meridian, and known as the Pizza Hut Annexation, to encroach 18 feet into required 25-foot front yard setback, 8 feet into required 8-foot side yard setback, and 27 feet into required 35-foot streambank setback. The subject . property is more commonly located at 2301 West Main Street. Mayor Stueck opened the public hearing. Assistant Planner Christopher Williams presented the staff report. He stated that under this application, a 494-square-foot open raftered patio is to be constructed along the east side of the existing Pizza Hut restaurant. He reviewed the variances which have been 06-17-96 ---.-.... -.-.- ----..,,-.-.-- ~ 32 ~ requested, which will allow the patio to encroach into the front yard setback, side yard setback and streambank setback, as enumerated above. He indicated that in 1986, the Board of Adjustment approved a 12*foot encroachment into the 25-foot front yard setback along US Highway 191, to allow for expansion of the restaurant building. . The Assistant Planner reviewed the topographical features of the subject site, noting that a stream/ditch corrider enters the lot at the eastern edge of the property, running parallel to the existing building. The subject parcel is located at the intersection of West Main Street and West Babcock Street, and has three street frontages. Assistant Planner Williams stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and as listed in Section 18.56.060 of the Bozeman Municipal Code. He noted that the staff findings are contained in the written staff report which has been forwarded to the Commission. He summarized those findings, forwarding staff's recommendation for approval, subject to eight conditions. He noted that the last condition, which was forwarded by Building Inspector Kurt Albrecht, pertains to walls of a structure, which is not applicable to an open patio. He suggested that the . Commission not include this condition in its action, noting that any issues pertaining to the structure of the open patio can be adequately addressed during issuance of the building permit. The Assistant Planner concluded by reminding the Commission that approval of variances requires four affirmative votes. Mr. Story Swett, representing the applicant, stated the owner is committed to investing a substantial amount in upgrading the existing restaurant. He stated that, to offset those costs, the applicant wishes to expand the capacity of the restaurant; and the only way to accomplish that at the subject location is through construction of an outdoor patio area. He encouraged Commission approval of the requested deviations. No one spoke in opposition to the requested variances. . hearing. Since there were no Commissioner objections, Mayor Stueck closed the public It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the variances from Sections 18.30.050 and 18.50.060(0) of the Bozeman Municipal Code, as requested by Restaurant Management for Pizza Hut, under Application No. 06-17~96 ..__..__._. _n ....,".. - 33 - C-9607, to allow a 494-square-foot covered patio along the east side of the existing restaurant located on a half-acre tract known as Certificate of Survey No. 19P1756, located in the southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and known as the Pizza Hut Annexation, to encroach 18 feet into required 25-foot . front yard setback, 8 feet into required 8-foot side yard setback, and 27 feet into required 35- foot streambank setback, subject to the following conditions: 1. Three large trees shall be planted along West Babcock Street in order to provide parking lot screening; 2. A trash enclosure shall be constructed to provide for trash storage and disposal; 3. The final site plan shall be adequately dimensioned; 4. The Montana Department of Fish, Wildlife and Parks; Natural Resource Conservation Service; Montana Department of Environmental Quality; and the Army Corps of Engineers shall be contacted regarding the proposed project and any required permits obtained prior to final site plan approval; 5. The required number of off-street parking spaces shall be provided; . 6. The configuration of the off-street parking shall comply with the Bozeman zoning ordinance. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing; and 7. All existing utility and other easements must be shown on the final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Break - 7:50 to 7:57 C.m. Mayor Stueck declared a break from 7:50 p.m. to 7:57 p.m. . Public hearing - Commission Resolution No. 3121 - intent to install cul-de-sac on South Third Avenue. iust north of its intersection with Kagv Boulevard This was the time and place set for the public hearing on Commission Resolution No. 3121, as approved by the City Attorney, entitled: 06+17-96 - 34 - COMMISSION RESOLUTION NO. 3121 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARED IT TO BE THE COMMISSION'S INTENTION TO CLOSE SOUTH THIRD AVENUE AT A POINT BETWEEN ITS INTERSECTIONS WITH SOUTH GRAND A VENUE AND KAGY BOULEVARD BY INSTALLING A CUL-DE-SAC IN SAID STREET. . Mayor Stueck opened the public hearing. Project Engineer Rick Hixson presented the staff report. He stated that, as a part of the proposed realignment of the intersection of South Willson Avenue/South Third Avenue/Kagy Boulevard, a cul-de-sac has been proposed on the north leg of South Third Avenue, to create a four-way intersection rather than the existing five-way intersection. He noted that, following the April 22 work session, the Commission directed staff to investigate alternatives to the proposed closure. He indicated that since the consultant had already undertaken an investigation to determine where warrants exist for a traffic signal, staff asked him to also look at an alternative to closure of the north leg of South Third Avenue. He reviewed the drawing of that alternative, noting that it is in preliminary form only at this time. Project Engineer Hixson showed the Commission a diagram of the proposed cul-de- . sac, as prepared by the Montana Department of Transportation, and the diagram for the alternative proposal, as prepared by Marvin and Associates. He briefly reviewed those diagrams, noting that in the alternative proposal, a cul-de-sac would still be constructed to provide an area for those wishing to turn around; and that cul-de-sac would serve as the beginning of a one-way southbound lane which would end in a right-turn only onto westbound Kagy Boulevard. Mr. Jim Goetz, 1019 South Third Avenue, stated support for the proposed cul-de-sac, noting that it could serve to substantially reduce the amount of traffic which currently uses South Third Avenue. He recognized that the alternative proposal would also serve to reduce the level of traffic, but his preference is for the cul-de-sac. . Mr. Phil Butterfield, 603 South Third Avenue, forwarded his strong support for the realignment of the intersection of South Third Avenue/South Willson Avenue/Kagy Boulevard, including the proposed cul-de-sac. He noted that, as a registered professional engineer since 1981, he recognizes the importance of master plans. He reminded the Commission that in the 06-17-96 -- -- -- - --- -------------- ----- --- - ___n____ _. ~ 35 . 1993 transportation plan update, the intersection was to be realigned and the cul.de.sac installed. He encouraged the Commission to implement that plan, rather than changing it. Mr. Butterfield expressed concern about the safety of the intersection without a traffic signal. He noted that the intersection is already busy, and with the addition of the new middle . school on South Third Avenue, many students will be crossing at that intersection, both on foot and on bicycles. He compared the potential situation without a traffic signal to the problems encountered at Durston Road when North 19th Avenue was opened without a traffic signal. He also noted that the costs of signalization at the intersection will be less if it is installed with the realignment than if it is installed at a later date. Mr. Butterfield stated that the cul.de-sac is preferable to the alternative. He noted that an estimated ten cars per hour will use the right-turn only lane; and he does not feel that warrants the costs involved. Mr. Will Swearingen, 1121 South Third Avenue, stated his support for the proposed cul.de.sac. He noted that in the six years he has lived at this location, both the volume and speed of traffic have increased dramatically. He stated that commuters use this street because . they can travel faster on it than they can on South Willson Avenue; and he is concerned about the safety of children on bicycles and on foot because the street is narrow and congested. He characterized the alternative as "interesting", but expressed concern that it would allow a significant amount of traffic to continue using the street to access the Museum of the Rockies and sporting events on campus. He concluded by once again indicating his support for the cui. de.sac. Mrs. Patricia Butterfield, 603 South Third Avenue, stated her support for the realignment of the intersection as planned and the cul.de-sac as shown in the transportation plan update. She also supports the installation of a traffic signal at the intersection, emphasizing the importance of protecting the safety of the children as they cross the street. . She stated that South Third Avenue has a lot of event. related traffic, particularly after basketball games. She encouraged the Commission to approve implementation of the plan as originally designed. Mr. Joseph Bourque, 1107 South Third Avenue, stated he has had two cars totalled as they were parked in front of his home. He noted that on one of those occasions, the 06.17.96 .~_. - -.--.-- - 36 - neighbor's children had stopped playing in his front yard less than five minutes before the accident. He encouraged the Commission to approve the plan and decrease the amount and speed of traffic on South Third Avenue. Mr. John Luebbe, 1524 South Third Avenue, stated he is in favor of the proposed cul- . de-sac on South Third Avenue and the proposed intersection improvements, including signalization. He noted that his daughter will begin attending the new middle school; and he wishes to ensure that she can safely travel to that school. Mr. Jim Robin-Cox, 1520 South Third Avenue, forwarded his support for closing South Third Avenue through construction of the proposed cul-de-sac. He indicated that, while he has no strong opposition to the proposed alternative, he questions whether it would be worth the money spent since it is estimated ten cars per hour will use the roadway at peak use. He suggested, rather, that drivers wishing to access Kagy Boulevard from South Third Avenue could do so by using Greek Way. Mr. Taylor Hansen, 1221 South Third Avenue, stated support for the proposed cul-de- sac. He noted his opposition to the alternative because he feels that the traffic volumes should . be decreased as much as possible. He stated that South Willson Avenue is better designed to accommodate heavier loads of traffic than South Third Avenue; and traffic should be encouraged to use it instead. Mr. Jeff King, 1545 South Grand Avenue, forwarded concerns about the proposed alternative for South Third Avenue, stating its intersection with Kagy Boulevard would be too close to the realigned intersection. He noted that traffic is not only heavy on South Third Avenue, it moves much faster than the speed limit. He indicated his support for the proposed cul-de-sac and realignment of the intersection, with that intersection being signalized immediately. He suggested that the $20,000 that would be spent on the proposed one-way extension of South Third Avenue under the alternate plan would be much better spent on the . traffic signal. He indicated that Greek Way is still available for those who wish to access Kagy Boulevard from South Third Avenue. He indicated that a telephone call to the Fire Department today revealed that they would still be able to gain access to the homes on South Third Avenue with the cul-de-sac. 06-17-96 n_......_.__. .- ... -- - --"...-- --.-----.-- -- - 37 ~ Mr. Robert Vance Thurston, 1620 South Third Avenue, stated he has lived in the second house north of Kagy Boulevard for the past 22 years. He forwarded his support for the proposed realignment of the intersection and the immediate installation of a traffic signal, questioning the accuracy of the traffic counts which have been taken at the existing . intersection. He also indicated support for the proposed cul-de-sac. Mr. Jeff Rupp, 1542 South Grand Avenue, stated that, with the immediate signalization of the realigned intersection, he supports the plan as originally submitted. He encouraged the Commission to proceed with improvements to the intersection, as proposed in the bond issue, characterizing it as the safest way to design the intersection and surrounding street system. Mrs. Mary Brown, 1624 South Third Avenue, stated she has lived at that address for sixteen years, and she has not encountered any problems accessing Kagy Boulevard. She noted that they had previously submitted written testimony in opposition to the proposed cul- de-sac, in a letter dated April 22, 1996; and she has forwarded copies again tonight. She asked how the people on South Willson Avenue feel about having additional traffic on their . street, noting that people should consider their neighbors as well as themselves. She also asked how traffic will be accommodated when South Willson Avenue is closed for repairs, noting that South Third Avenue has served as the detour in past years. She stated that she and her husband have just returned from a city with several difficult intersections; and they were able to maneuver through those intersections with no problem. She distributed copies of a proposed alternative to the plans being considered, suggesting it might better serve the area. Mrs. Brown noted that using Greek Way has been proposed as a way to access Kagy Boulevard. She questioned, however, if that street is designed to accommodate the additional traffic. She then forwarded her opposition to closing any dedicated roadway. She noted that . their home is the first house north of Kagy Boulevard, and she does not wish to lose access to that roadway. She suggested that, rather than installing a cul~de-sac, those monies should be used toward a traffic signal. Mr. Mike Miles, 822 South Willson Avenue, stated he is on the Board of the South Willson Improvement Association, and he has lived in this residence for 26 years. He stressed 06-17-96 ~ 38 ~ that South Willson Avenue is a family neighborhood, and they share concerns about traffic with the entire southern part of the community. He sympathized with the proponents of the cul~de- sac; however, he does not believe that any streets, particularly those close to the University, should be closed. He noted that development south of town has aggravated the traffic . situation in the entire area, and he cannot support closing one of the north/south streets in that area with a cul-de-sac. He encouraged the City to look at the design for the intersection again and determine if it would be possible to incorporate all five legs into it. He noted that, if South Third Avenue north of Kagy Boulevard will not fit into it, his preference would be the alternative design which has been presented. Mr. Miles noted that several years ago, a neighborhood traffic advisory committee, comprised of residents from various streets in the community, encouraged the City to look at the overall traffic patterns rather than small segments. He asked that the Commission look at the big picture now, not just South Third Avenue. He suggested that an additional east/west street south of Graf Street could help to alleviate some of the traffic problems that are currently being encountered. . Mr. Miles reminded the Commission that the South Willson Improvement District was the first street in Bozeman to be listed on the National Register of Historic Places. He asked the Commission to carefully consider the negative impacts of placing additional traffic on that street, and asked that they consider the use of traffic calming devices to create an acceptable level and speed of traffic using streets in the community. Mr. Jim Devitt, 613 South Willson Avenue, stated his support of Mr. Miles' comments. He forwarded his opposition to the proposed cul-de-sac, stating he feels South Third Avenue should remain open. He suggested that the Commission look at the possibility of leaving the configuration of the intersection as it is, if possible. Mrs. Lisa Prugh, 404 South 6th Avenue, stated her opposition to closing streets. She . suggested, rather, that more creative solutions should be sought, possibly through the use of traffic calming devices on residential streets. She reminded the Commission that she had served on the neighborhood traffic advisory committee; and that committee did not support the permanent closure of any street in the community. 06-17-96 __n_....___...... - 39 - Mr. Bob Lashaway, Director of Facilities at Montana State University, stated that MSU has taken no position on the proposed cul-de-sac on South Third Avenue. He encouraged the Commission to focus on long-term issues and to consider the best engineering method possible for addressing the intersection of South Willson Avenue/South Third Avenue/Kagy Boulevard. . He stressed the importance of ensuring that the design of the intersection provides for safe movement of traffic. He noted that if it functions properly, that intersection will be able to accommodate traffic going to and from events at the University. Mr. Norm Wallin, 2422 Spring Creek Drive, suggested that the speed with which emergency vehicles can reach a home or transport an individual to the hospital should be taken into consideration when determining if the proposed cul-de-sac should be installed. Project Engineer Rick Hixson stated that analysis of traffic signal warrants is being undertaken at this time, and the report should soon be available. He indicated the estimated cost of the alternative one-way realignment of South Third Avenue is $20,000; and the traffic signal will cost in excess of $100,000. He stated that Greek Way is a City-standard street and could accommodate the additional traffic load that would result from closure of South Third . Avenue. He cautioned that leaving South Third Avenue in its current alignment would be extremely hazardous, since it is located close to the major intersection. He also cautioned that a five-way intersection is dysfunctional. Responding to Mr. Joe Bourque, City Engineer Craig Brawner stated that it was determined the intersection should be realigned so that South Third Avenue and South Willson Avenue became one leg of the intersection because South Willson Avenue can carry a higher volume of traffic than South Third Avenue north of Kagy Boulevard. Mr. Paul Brown, 1624 South Third Avenue, stated that he was unable to obtain information from the Police Department or the Street Department on the number of accidents which have occurred at the intersection as it exists; however, he noted that in the sixteen years . he has lived at this intersection, he has not observed any accident. He then cautioned that South Third Avenue is a school bus route. Responding to Commissioner Stiff, Mr. Bob Lashaway stated that the estimated ten additional vehicles per hour that would use Greek Way if South Third Avenue were closed would not negatively impact the street. He noted that Greek Way is far enough from the 06-17-96 '" - .-. ~._- - 40 - proposed realigned intersection that left turns can be made onto Kagy Boulevard. Mr. Lashaway then asked if the City has the final determination on the design of the intersection, or if final approval must be obtained from the Montana Department of Transportation. Director of Public Service Phill Forbes responded that if the original plan is not used, . then the alternative selected will be forwarded to the Montana Department of Transportation for their review, since Kagy Boulevard was constructed with Federal Aid Urban monies. He indicated that the closure of South Third Avenue north of Kagy Boulevard is strictly a City decision. Responding to Commissioner Stiff, the Director of Public Service stated that the existing South Third Avenue, north of Kagy Boulevard, is 90 feet from the realigned intersection; and it would be 180 feet from the realigned intersection if the proposed alternative were implemented. Responding to City Manager Wysocki, the Director of Public Service stated that the information on possibly increasing the speed limit from 25 to 35 miles per hour on Kagy Boulevard was forwarded to the Montana Department of Transportation approximately three . or four weeks ago. The City Manager cautioned the Commission that if the design of this intersection is revised, it will probably set the project back a full construction season. Mayor Stueck closed the public hearing. Responding to Commissioner Stiff, Director of Public Service Forbes stated it has been his intent to advertise all of the changes to the streets and intersection as one project. He recognized that it could be divided into separate projects, but that would probably not be as cost effective. He then forwarded his strong desire to have the design of the intersection and the roadways finalized before preparing the contract documents, rather than doing a change order once the bid has been let. Commissioner Rudberg expressed her concern that the project will not be completed . before school starts. She cautioned that if it is not, the intersection could become much more dangerous for the school children to cross than it is at the present time. Responding to Commissioner Stiff, Project Engineer Hixson stated that the contract 06-17-96 ... ."...--.. --.- -..- --.-- - 41 - documents for this should be completed for bidding in late July, with work to begin approximately thirty days thereafter. Commissioner Youngman stated that she came into tonight's public hearing supporting the proposed cul-de-sac. She stated, however, that she is also interested in the . proposed alternative which has been forwarded and would like additional information on that alternative before making a decision. She recognized that the configuration selected for the intersection may be less than ideal; however, she wants assurances that it is safe. She then indicated that, whatever plan is selected, it is important to ensure that the traffic volumes and speeds on South Third Avenue are addressed. Commissioner Frost stated his support for the proposed cul-de-sac, noting that access to Kagy Boulevard is still available through Greek Way. He recognized that closing of South Third Avenue will impact other streets in the neighborhood, stressing the importance of ensuring the safety of pedestrians crossing South Willson Avenue, which will be a major collector street. Commissioner Stiff suggested that, rather than undertaking construction of the . intersection when the new school year is opening, it would be preferable to have the documents ready for an early spring construction. Mayor Stueck stated his support for Commissioner Stiff's suggestion. He then stated he does not support the complete closure of South Third Avenue. He also feels that the traffic signal should be installed with realignment of the intersection. He proposed that the project be bid later this fall, with an early spring start, suggesting that this might result in better bids. He suggested that this would also allow for further review of the configuration of the intersection to ensure that it is safe and would be reviewed by the Montana Department of Transportation. Responding to Commissioner Stiff, the City Manager confirmed that a traffic signal . is not included in the monies budgeted for this project. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission table action on this item until the July 1 meeting, to allow for additional review of the alternative for the north leg of South Third Avenue. The motion carried by the following 06-17-96 .__n _ ...___.__.. ._____ -~--~------~--_......__._. -...-.- - 42 - Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Stiff and Commissioner Frost. Adjournment - 9:27 D.m. e There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. UvYl [ ~~ DON E. STUECK, Mayor ATTEST: &~ of ~H~ . ROBIN L. SULLIVAN Clerk of the Commission . 06-17-96