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HomeMy WebLinkAbout1996-04-15 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 15, 1996 ********************** ******* . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 15, 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 requested that during the moment of silence, the Commissioners, staff and audience remember Treasurer Joanne Riley, who died earlier today. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Avril 1 and Avril 8. 1996 . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of April 1 and April 8, 1996, be approved as amended. 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 the meetings of November 20 and December 4, 1995, to a later date. Presentation of Droclamation desianatina week of ADril21 to Avril 27 as "Crime Victims' Rights Week" in Bozeman - County Attornev Mike Salvagni County Attorney Mike Salvagni asked that the Commission adopt this proclamation . designating the week of April 21 to April 27 as "Crime Victims' Rights Week" in Bozeman, noting that the County Commission adopted a proclamation designating this week as "Crime Victims' Rights Week" throughout the county. He noted that the week is set aside to reaffirm the City's and County's commitment to be sensitive and responsive to the needs of victims. 04-15-96 -.. .-- .. .--.. ...-..-....- - 2 - He stated that the 1995 Legislature significantly enhanced the rights of victims and improved their abilities to participate in the judicial system. County Attorney Salvagni noted that, through the Crime Victims' Assistance Program, the City and County have worked as partners to ensure that victims are protected and assisted. . He noted that the program is in its fourth year. and has served as a precedent-setting and . leadership program for the entire State. The County Attorney stated that this is the last year the program will receive partial funding through the Board of Crime Control; and he will be aggressively pursuing alternative revenue sources in the upcoming legislative session. He noted that on April 3, a special luncheon meeting was held to recognize those who have been active in the program. He concluded by encouraging the Commission to adopt this proclamation and to take time to reflect on the needs of victims. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission concur in the Mayor's proclamation designating the week of April 21 to April 27, 1996, as "Crime Victims' Rights Week" in Bozeman. 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. Preliminary Dlat review - Morrison-Maierle for Golf Course Partners - Bridger Creek Subdivision. Phases II and III - allow subdivision of 56.6 acres into 91 single-family lots and 1 condominium lot - Dortion of tract in NW%. Section 1. T1 S. R6E. MPM (both sides of Mcllhattan Road. immediately south of City landfill) (P-9601) This was the time and place set for the decision on the preliminary plat for Bridger Creek Subdivision, Phases II and III, as requested by Morrison-Maierle for Golf Course Partners, to allow 56.6 acres located in the Northwest one-quarter of Section 1, Township 1 South, Range 6 East, Montana Principal Meridian, into 91 single-family lots and 1 condominium lot. The subject parcel is more commonly located along both sides of Mcllhattan Road, immediately . south of the City landfill. Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated April 11, and a memo from Director of Public Service Phill Forbes, dated April 10, forwarding proposed revised conditions, in response to Commission direction at the April 1 and April 8 Commission meetings. 04-1 5-96 ________n_____._.__ - 3 - Senior Planner Dave Skelton stated that Mr. Rex Easton, applicant, has reviewed the proposed conditions and has indicated support for them. He has also requested that the Commission allow for waiving of Condition No. 40 if it is determined that the proposed striping of Mcllhattan Road to provide a bike lane does not meet AASHTO standards. . Responding to Commissioner Frost, Director of Public Service Forbes stated that the charges for water used for flushing of the dead end line include all costs involved in providing that water; therefore, he does not believe it would be proper to add any charges for the manhours separately. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Bridger Creek Subdivision, Phases II and III, as requested by Morrison-Maierle for Golf Course Partners, to allow 56.6 acres located in the Northwest one-quarter of Section 1, Township 1 South, Range 6 East, Montana Principal Meridian, into 91 single-family lots and 1 condominium lot, subject to the following conditions: 1. Plans, specifications, and a detailed design report for water and sewer main extensions, storm sewer and the public street prepared by a Professional Engineer (PE), registered in the State of Montana, shall be . provide d to and approved by the City Engineer and the Montana Department of Environmental Quality. 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements; 2. The Montana Fish Parks and Wildlife, SCS, Montana Department of Health and Environmental Sciences and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e. 310, 404, Turbidity exemption, etc.) be obtained prior to final site plan approval; 3. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SID's/ RID's for the following: a. Traffic signalization of the Story Mill Road/Bridger Drive . intersection; b. Paving of Story Mill Road from Mcllhattan Road to the northerly property boundary to a city standard street including curb and gutter, storm drainage, sidewalk and paving; c. Further improvement to Mcllhattan Road to a City standard street, including curb and gutter, storm drainage, sidewalks and paving; and 04-1 5-96 u_ - --- .-..--.------- .- -- -.----.---.-- -. ..--. - 4 - d. Improvements to Bridger Creek bridge on Story Mill Road based on a pro rata share determined by the Director of Public Service; 4. Project Phasing shall be clearly defined including installation of infrastructure; 5. A Geotechnical Investigation Report, certified by a registered engineer in . the State of Montana, shall be prepared and submitted to the City Engineer with the first review submittal of the improvement documents. The report must include an analysis of the on-site and future public road right-of-way soil conditions, special grading recommendations, groundwater depth and a paving section design for public roadways. The report must incorporate the findings of an independent on-site soils investigation and existing groundwater monitoring investigations; 6. As construction activities may disturb more than five (5) acres of natural ground, an erosion/sedimentation control plan may be required. The Montana Department of Environmental Quality shall be contacted by the applicant, to obtain a Storm Water Discharge Permit. The developer shall demonstrate to the City full permit compliance; 7. A Traffic Impact Analysis Report shall be provided and approved by the City Engineer. The analysis shall include, at a minimum, existing and projected average daily and peak hour vehicular trips; existing and projected intersection levels of service at the intersection of Story Mill Road and Bridger Drive; and necessary mitigation measure resulting from potential decreased levels of service of the described intersection. The analysis shall address vehicular, bicycle and pedestrian circulation, signals . (as necessary), signage and pavement delineation. The study area shall include internal subdivision streets, Mcllhattan Road, Story Mill Drive, and, as necessary, adjacent collectors and arterial streets serving the proposed development; 8. If the City of Bozeman is unable to obtain Department of Environmental Quality/Waste Management Division approval to relocate or abandon its existing groundwater monitoring wells LF-3; the developer shall provide the City with an easement for continued operation and access to the existing groundwater monitoring wells in Phase III, prior to final plat approval; 9. Mcllhattan Road shall be improved to a twenty-eight (28) foot wide paved cross section (meeting AASHTO requirements for shared vehicular/bicycle movements), including, at a minimum, two-foot-wide gravel shoulders on both sides of the road, prior to final plat approval of either of the two phases. At locations with physical width restrictions, a minimum of twenty-seven (27) foot wide paved sections shall be constructed. As part of the Phase II improvements, Mcllhattan Road will be improved from Story Mill Road to approximately 50 feet north of the proposed Augusta Drive intersection. A roadway section extending from the northerly terminus of the described paved section to the northerly boundary of said . property shall be graded and graveled in accordance with County Road Department standard requirements. This section of roadway shall be constructed to a 28-foot-wide paved cross section and two-foot-wide shoulders at the time of construction of Phase III infrastructure improvements. The described street improvements of Mcllhattan Road, including infrastructure improvements, shall be approved by the County Road Superintendent as well as the City Engineer's office prior to final acceptance; 04-1 5-96 - .------ . n.____ .--.---- _..__..__.____....__._".."._u___ _._._______ - 5 - 10. The developer shall dedicate to the City a 60-foot-wide road right-of-way from Story Mill Road to the northerly terminus of the proposed subdivision; 11. Guard rails along certain sections of Mcllhattan Road may be required with Phase II and/or III development. The developer shall provide a detailed guard rail analysis and recommendations (including a warrant evaluation) consistent with applicable Montana Department of Transportation design standards. If warrants require installation of guard rails or traffic reconvey . measures, the developer shall be responsible for such improvements with Phase II development; 12. All infrastructure improvements, including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages, or other non-lot frontages, and related storm drainage infrastructure improvements, shall be financially guaranteed or constructed prior to final plat approval. No building permits will be issued prior to acceptance of subdivision infrastructure improvements; City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision; 13. The developer shall enter into a contract agreement with the City and post an adequate financial guarantee for the full term of the agreement, in the . amount of 150 percent of the estimated cost of improvements, to design, construct and administer/inspect construction of a looped water system for Phase II, prior to filing the final plat for Phase II. Said agreement shall include the following requirements: a. Engineered plans and specifications for the water line that completes the loop for Phase II shall be submitted to and approved by the City and State prior to filing of the final plat for Phase II. This submittal will include, at a minimum, a preliminary plan and profile for the reconstruction of Story Mill Road; b. The water line that completes the loop for Phase II shall be constructed and approved either (1) prior to December 31, 1997, or (2) within twelve (12) months after filing the final plat for Phase II, or (3) prior to the paving of Story Mill Road, whichever occurs first; c. A signed utility easement agreement for an alternate water line loop across golf course property shall be provided to the City prior to filing the final plat for Phase II. Said easement will be returned, without having been filed, upon completion . of the water line in Story Mill Road; and d. The developer agrees to pay for water flushed out of the Phase II water system until a fully looped system is provided as indicated above. This water will be metered by the City, and billed at the then-current rate for bulk water sales; 14. A twenty (20) foot wide sewer easement, between Lots 21 and 22, Phase III, shall be provided to the City. The easement shall straddle the property line and extend to the northerly property line of said lots. A 4-inch sewer 04-1 5-96 . ----- - 6 - service stub shall be constructed from the sewer main in Saint Andrews Drive to the northerly right-of-way line of the described road at a cost of Seven Thousand Four Hundred Sixty Dollars and No Cents ($7,460.00) to be paid by the City of Bozeman; 15. The developer shall complete an Application for Sewer Service for the previously completed connection of the Golf Course Club House on Mcllhattan Road and shall be retroactively responsible for sewer service . charges from the time the connection was made up to the service application approval; 16. For Phases II and III development, sewer and water services shall be extended to the back of the 12-foot-wide utility easement along the front of all lots. Curb stops shall be placed at the standard location behind the back of sidewalk with a pressure tight plug placed on the end of the water service line. City standard location monument stakes shall be provided at the end of the sewer and water services to the satisfaction of the City Water/Sewer Department. This condition may be waived prior to final plat approval if utilities (i.e., gas, electric, telephone, cable television) are installed in the rear or side lot easements or at another location approved by the City of Bozeman Water/Sewer Department and Planning Office; 17. To accommodate subdivision phasing, the Phase II sewer main shall extend easterly from the manhole in Augusta Drive to the back of Lots 5 and 6, Phase II, and shall include a location stake in accordance with City Water/Sewer Department requirements; . 18. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted on the improvements drawings, as well as location of nearby fire hydrants and proposed fire hydrants; 19. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width (except as noted otherwise herein), with the utility location in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement; 20. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention and/or detention basin locations, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevations information (particularly for the basin site, drainage ways, and lot finished grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater . maintenance plan. The plan must show stormwater discharge destination. If the site design discloses any adverse impact to off-site properties, necessary design alternatives and/or drainage conveyance devices and storm water easements (filed with the County Clerk and Recorder's Office) must be provided. Any stormwater ponds located within park or open space shall be designed and constructed to be conducive to the normal use and 04-1 5-96 - 7 - maintenance of the open space. The plan must also include revegetation slope stabilization measures; 21. The final plat conditions for Phase III development should include a condition that a minimum 21-inch storm culverts be required for any private drive approach (or regrading) within the storm drain easement across Lots 14,15,30, and 32 through 37, Phase II; . 22. A Site Grading Plan shall be prepared as a supplement to the project improvement drawings. The plan shall include, at a minimum, existing contours, contours after construction (but before development grading), spot elevations and flow directional arrows. The plan must demonstrate adequate drainage to an acceptable discharge device (i.e., street gutter, drainage swell or storm drain inlet). The plan shall be used to establish street and building foundation grades. If the grading design discloses any adverse impact to off-site properties, necessary design alternatives and/or drainage conveyance devices and easements must be provided; 23. That the applicant extend the financial guarantee for improvements not installed, inspected and accepted by the City of Bozeman for Bridger Creek Subdivision, Phase I, for a period of not less than six (6) months, or that the applicant complete the "punch list" items prepared by the City Engineer's Office prior to the filing of the final plat for Phase II or Phase III; 24. That the required dedicated parkland for Phase II be included in the proposed parkland along the north boundary of Phase III to serve as a thirty (30) foot wide trail corridor and one hundred (100) foot wide buffer, and that parkland dedication in Phase III be held in a "perpetual parkland easement" filed and recorded at the Gallatin County Clerk & Recorder's . Office with filing of the final plat for Phase II until such time that the final plat for Phase III is filed at the Clerk & Recorder's Office. The dedicated public park land boundary shall be delineated at the common private/public corner pins, with flat flexible fiberglass posts, 3.75 inches wide, a minimum of 6 feet in length and with no less than 2 feet driven into the ground. Each post shall be labeled with a permanent glue on sign stating Park Boundary, Property Boundary or Public Park; 25. Prior to installation of any boulevard trees within the public boulevard, between the back of street curb and the sidewalk, all boulevard tree species shall be approved by the Forestry Superintendent. All construction debris (i.e., concrete, rocks, gravel, etc.) shall be removed from the public street boulevard and filled will good top soil; 26. That the applicant establish and implement plan for a public trail corridor that connects the East Gallatin Recreation Area with Mcllhattan Road at the north end of the subject property, for review and approval by the Bozeman Recreation and Advisory Board prior to final plat approval of Phase II. Implementation of said public trail corridor shall be to the discretion of the Recreation and Parks Advisory Board, including the necessary provisions to implement the public trail corridor. Final location . of a trail corridor, should access occur across Bridger Creek Subdivision, Phase II, or Bridger Creek Golf Course, shall be approved by the Bozeman Recreation and Parks Advisory Board in the general area outlined in the Board's memorandum dated April 5, 1996. The final plat shall contain a notation stating that a fifteen (15) foot wide "public open space/linear trail corridor easement" shall be filed at the Gallatin County Clerk and Recorder's Office should said trail corridor be constructed across Bridger Creek Subdivision, Phase II, or Bridger Creek Golf Course; 04-1 5-96 -.".-...-.--.-.- -.- ---.. ....-. - 8 - 27. That the applicant improve Story Mill Road to the north end of Phase III to a Gallatin County gravel road standard, reviewed and approved by the Gallatin Road Superintendent, and installed prior to final plat approval of Phase III; 28. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents and certificates, and be accompanied by all appropriate documents, . including a Platting Certificate. Two mylar and two clothback copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3 Y2-inch floppy disk; 29. That the applicant obtain Montana Department of Health and Environmental Sciences approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805. A.R.M.; 30. That the final plat provide On the face of the plat a land use restriction limiting the development on said subdivision to "Single Family Residential Dwelling Units" on all lots within Phases II and III, with the exception of Lot No. 16, Phase II, for review and approval by the Planning Office prior to final site plan approval; 31. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for all residential lots in Phase II and Phase III, shall be depicted on the final plat for review and approval by the Planning Office prior to final plat approval, unless all utility agencies provide written documentation that said utility easements on side and rear property lines are not necessary and that said utilities can be installed within the utility easement along the street frontage of each lot; . 32. That the twenty (20) foot wide drainage swale between Lots 7 and 8, Lots 15 and 16, Lots 22 and 23, and Lots 28 and 29, Phase II, and the thirty (30) foot wide utility easement between Lots 5 and 6 and Lots 21 and 22, Phase II, be identified on the final plat as common open space, and identified in the homeowners' protective covenants as common open space that is owned and maintained by the homeowners' association, for review and approval by the Planning Office prior to final plat approval; 33. That the applicant provide documentation of providing water rights or payment of cash in-lieu of water rights to the City of Bozeman prior to final plat approval; 34. That the applicant install City standard streets (i.e., 37 feet back-of~curb to back-of-curb, curb, gutter, boulevard and sidewalk), within a sixty (60) foot wide dedicated public right-of-way prior to final plat approval, and that boulevard sidewalks be installed along both sides of the streets within three (3) years of filing of the final plat; 35. That all wetlands located within the boundaries of said property be identified on the final plat for review and approval by the City Engineer's . Office and Army Corps of Engineers prior to final plat approval of Phase II; 36. That the homeowners' protective covenants be amended to address all issues identified in the Environmental Assessment and Community Impact Statement (i.e., no basements in Phase II, land use, linear trail, public access to fisheries, etc.), as well as the staff report, for review and approval by the Planning Office prior to final plat approval; 04-1 5-96 - 9 - 37. That the applicant be granted waiver to Section 16.12.040.M of the Bozeman Area Subdivision Regulations requiring a second or emergency access for Phase II; 38. That the applicant provide a written narrative stating that the proposed subdivision will not interfere with any agricultural water user facility and that no irrigation ditches for downstream water rights currently exist on said property, for review and approval by the Planning Office prior to final . plat approval of Phase II or Phase III; 39. That the applicant provide on the final plat a thirty (30) foot wide "shared access easement" between Lot 38 and Lot 39, Phase III, prior to final plat approval; 40. That the applicant install "No Parking" signs along that side of Mcllhattan Road which contains the four (4) foot wide paved pedestrian/bike path, for review and approval by the City Engineer's Office prior to final plat approval. If this condition does not meet AASHTO standards, then the Planning Director may waive this requirement; 41. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements; 42. That the developer shall have three (3) years from the date of preliminary . plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phase II and Phase III; and 43. That the applicant submit with the application for final plat review of Phase II and/or Phase III of Bridger Creek Subdivision a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. 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. Ordinance No. 1418 - revising Chapter 3.24 of the Bozeman Municipal Code. re impact fees Included in the Commissioners' packets was a copy of Ordinance No. 1418, as approved by the City Attorney, entitled: . ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1414, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 3.24.010. 3.24.040. 3.24.050, 3.24.060, 3.24.070, 3.24.080, 3.24.090, 3.24.100 AND 3.24.110; PROVIDING FOR REVISIONS TO DEFINITIONS; REVISIONS TO EXEMPTIONS TO STREET IMPACT FEES, FIRE PROTECTION IMPACT FEES, WATER IMPACT FEES AND WASTEWATER IMPACT FEES; 04~ 1 5-96 -. ...-- -------------.-- - -..--..-.- --..----.- - 10- REFUNDS OF DEVELOPMENT FEES PAID; AND ESTABLISHING A DEVELOPMENT IMPACT FEES REVIEW COMMITTEE. City Manager Wysocki reminded the Commissioners that they had provisionally adopted this ordinance at their April 1 meeting. He noted that, included in this week's packets, are revisions to that ordinance, in response to concerns raised by the Commission. He . recommended that it be finally adopted at this time. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission finally adopt Ordinance No. 1418, revising specified sections of the code pertaining to impact fees. 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. Ordinance No. 1420 - add in a ChaDter 9.93 of the Bozeman MuniciDal Code. Drohibiting the carrying of weaDons in City-owned buildinas and DrODertv Distributed to the Commissioners were copies of Ordinance No. 1420, as approved by the City Attorney, entitled: . ORDINANCE NO. 1420 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AbDING A NEW CHAPTER TO BE NUMBERED AS 9.93. AND ENTITLED "WEAPONS IN PUBLIC BUILDINGS AND PROPERTY", PROHIBITING THE CARRYING OF WEAPONS IN ALL CITY-OWNED BUILDINGS AND PROPERTY. City Attorney Luwe reminded the Commission that action on this ordinance was tabled two weeks ago. He then noted that staff has made some revisions to the ordinance in response to concerns raised by the Commission; and the revised ordinance has been included in the Commissioners' packets. He highlighted some of those changes, which include clarification of the wording on exceptions to the ordinance, removal of reference to a knife with a blade 4 inches or longer and removal of parking areas and sidewalks leading to the building, except for those areas which are surrounded by fences. . Mr. John Plenke, 3240 Rosebush Lane, Belgrade, stated he is President of the Weapons Collectors' Society of Montana. He noted that the revisions to the ordinance, as outlined by the City Attorney, have addressed many of the questions and concerns which he had identified with the previous draft. He stated, however, that he is still concerned with the Second Amendment rights, noting that every law created is a small violation of those rights. He stated 04-1 5-96 ------------------- ---- ---- - -- ---.-----------.----- --.---- - 11 - that he has lived in this area for six years, after retiring from 28 years in law enforcement in Wisconsin. He cautioned that this ordinance will affect the law abiding citizens of the community; but those who choose not to obey it will be unaffected. Mr. Plenke recognized that the Commissioners are concerned about ensuring the safety . of public meetings; however, he does not believe that adoption of this ordinance will alleviate those potential problems. Mr. John Sparks, 6720 Camp Creek Road, Manhattan, thanked the Commission for considering public safety, noting that they have responded quickly when faced with a perceived threat. He stated, however, that he does not believe this proposed ordinance has been thought out well enough, questioning if any crimes have been committed by people carrying guns into City buildings. He expressed concern that adoption of this ordinance will actually lower the safety of the City and County employees because they will no longer to carry weapons to protect themselves. Mr. Sparks also asked the Commission to consider those who don't live in Bozeman, but who live in other parts of the state and may be used to carrying weapons into the City Hall or . Courthouse in their community. He suggested that this may not be atypical in Montana; and adoption of this ordinance would be something they could unknowingly disobey. He stated that if this ordinance would accomplish something, he would wholeheartedly support it; however, he feels the only thing it will accomplish is taking away the rights of citizens. Mr. Michael Was, 12607 Camp Creek Road, stated he has lived in Montana for 25 years. He questioned whether the City has the authority to pass a law which is stricter than the State law. He stated that he has a concealed weapon permit, for which written and performance tests were required. He indicated that, while he is not opposed to prohibiting the carrying of weapons into buildings, he is concerned about that prohibition on the sidewalks and in parking lots. Mr. Lane McNeil, 645 East Baxter Lane, stated that several cities have passed . ordinances banning guns of any kind; and in those communities, the crime rate has skyrocketed. He stated that passing laws won't make any difference, particularly since only the law-abiding citizens will obey it. He then encouraged the Commissioners to carefully consider the fact that only negative testimony has been received on this issue when they vote on this ordinance. 04-15-96 ~ - 12 - Mr. Phillip Gregory, 390 Ghost Canyon Court, Belgrade, stated he is extremely concerned about the motives behind this proposed ordinance. He questioned, if the motive is to make public buildings a safer place to work, how this ordinance will do that. He encouraged the Commissioners to remember incidents from around the country where an armed person has . fired on a crowd of unarmed people, cautioning that adoption of this ordinance will put City employees in the same position. He noted that to exempt City employees from the ordinance would be putting them above the law; and that would be inappropriate. He noted that a person has no reason to carry a firearm into a public building in public view. He feels, however, that this ordinance should not be adopted. Mr. Steve McNeil, 255 East Baxter Lane, stated the City owns no property, rather it belongs to the people of the community. He agreed that there is no reason for anyone to carry a weapon into a City building, or even on the street, although he recognizes there is no law against it. He stated that adoption of this ordinance will only affect the law abiding citizens, since those who choose to break the law will do so. Mr. John Weigand, 2671 Kid Curry Drive, stated his support for the revisions which . have been made to this proposed ordinance, noting that they have addressed many of the concerns which he raised at the Commission meeting two weeks ago. He noted there is an apparent perception by employees that their safety is being jeopardized if people enter the building with a weapon, stating that is understandable. He encouraged the Commission to not adopt this ordinance because of the negative impact it will have on the Second Amendment rights of citizens in the community, although he recognized that the Commission does have the right to adopt this type of ordinance. He suggested that an alternative might be to appoint a joint City/County task force to look at the real issues and prepare a proposal that will ensure the safety of those who work in the City and County buildings. He also proposed that, rather than adopting this ordinance, posting the City buildings for voluntary compliance with the general intent of the ordinance might be better received and accomplish the same results. . Mr. Mike Vance, 4551 Bannack Drive, encouraged the Commissioners to consider the testimony which has been submitted before acting on the proposed ordinance. Mr. Tom Scott, 103 West Curtiss Street, stated his opposition to the proposed ordinance, encouraging the Commission to consider other alternatives for ensuring the safety of the City employees. 04-15-96 - '- - ... .no - ._--,,--_. - -,....~---,.. - 13 - Responding to Mayor Stueck, City Attorney Luwe stated that the State statutes provide for the City and the County to adopt ordinances which prevent the carrying of weapons into publicly-owned buildings. He then indicated that posting of the City-owned buildings is a part of the ordinance, as proposed. . Mayor Stueck stated he will not support adoption of the ordinance. He stated that, if he thought for one moment adoption of the ordinance had any relevance on the safety of the employees, he would support it; however, he does not believe that it does. He recognized that prohibiting weapons in the Law and Justice Center is appropriate because of the court systems. He indicated his support for Mr.Weigand's suggestion to post the buildings rather than adopt this ordinance. Commissioner Rudberg stated her support for Mayor Stueck's comments. She noted her interest in maintaining a free society whenever possible. She characterized this ordinance as overreacting, noting that if she thought it would keep everyone safe, she would support it "in a heartbeat". She described this as a "feel good" ordinance that does nothing. Commissioner Rudberg stated that carrying guns in some places is "just plain bad . manners"; and she doesn't like it. She stated that children have enough violence in their lives on a daily basis; and they should not be subjected to someone carrying a gun in the Bozeman Public Library. She stressed her protectiveness of children, stating they should not be subjected to this type of behavior, and concluded by asking those who carry guns to consider the children when doing so. Commissioner Stiff stated his support for the ordinance, noting that it has been revised to address many of the concerns which have been voiced. He noted that no one should carry a weapon into places of business. He stated that he has been a Montanan all of his life and, in fact carried a concealed weapon permit for years. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1420, prohibiting the carrying of weapons in . all City-owned buildings and property, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor Stueck. 04-15-96 ..---....-- --..- - 14 - Discussion re barricade on North 20th Avenue City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated April 11, forwarding information on traffic calming. Distributed just prior to the meeting was information on the . neighborhood's proposal for traffic calming, dated April 15, 1996. Neighborhood Coordinator/Grantsperson James Goehrung noted that, also included in the packet, was a chronology of the neighborhood's efforts to address traffic on their streets. He noted that their concerns include both the volume and speed of the traffic on their streets. Mrs. Vonda Laird, 414 North 20th Avenue, provided a history of problems with traffic on North 20th Avenue. She stated that in 1983, she and her family moved into their home on North 20th Avenue. In 1987, she met with then Police Chief George Tate, who recognized there were speeding problems on North 20th Avenue; and he agreed to have more patrolling of the street to slow the traffic down. In 1989, a number of the neighbors got together and presented a petition to the City asking for four-way stop signs at the intersection of North 20th Avenue and West Beall Street. She stated that this was actually the third petition to be . presented to the City,with the first being a request in the 1960's for installation of a speed bump and the second being a request in the 1970's regarding truck traffic. Mrs. Laird stated that North 20th Avenue was designated as a"farm to market road" when it was initially constructed. She noted, however, that in 1989, over 1 ,500 vehicles used the road each day. Because of her concerns about the safety of the street, based on the high volume and speeds of traffic, she wrote a letter to Director of Public Service Phill Forbes in 1991 requesting assistance in addressing the safety problems. Shortly after that, she met with the consultant who prepared the City's 1993 Transportation Plan update and, even though North 20th Avenue was not included in that study, he took time to address it. Based on his findings, he recommended that a barricade be installed; and in July 1992, residents along the street submitted a petition to the City requesting that a barricade be installed to protect the . neighborhood. After conducting the necessary public hearing, the Commission voted to approve a temporary barricade in September 1992, with that barricade to be funded by the neighborhood. Mrs. Laird noted that in 1993, Town and Country Grocery sought expansion of their grocery store; and the neighborhood supported that expansion with the understanding that a 04-1 5-96 - 15 - cul-de-sac would be constructed on North 20th Avenue just south of West Beall Street. She noted that the hours at Town and Country Grocery have been extended with their expansion; and it now appears that the cul-de-sac will not be constructed. Mrs. laird stated that she is once again forwarding the same concerns as were voiced . ten years ago. She noted that those concerns are not being voiced by just the residents along North 20th Avenue, rather, residents along North 21 st Avenue, North 22nd Avenue and North 23rd Avenue are sharing the same concerns. Mr. Maury Magee, 318 North 20th Avenue, stated he has lived at that address since 1981; and he is very familiar with the community's growth to the north and west of this street. He stated there have been approximately seven neighborhood meetings to discuss possible mechanisms for slowing down the amount and speed of cut-through traffic in their neighborhood. He noted the feeling is so strong, in fact, that approximately 85 percent of those residing along these streets signed a petition asking the City to install some type of traffic calming and control devices along the streets. He stated that, of the alternates listed in the petition, most of the residents prefer Alternate No.2. . Mr. Magee expressed concern that the 160-unit apartment complex on North 22nd Avenue, just north of Durston Road, will only compound the problems which the neighborhood streets are currently facing. He stated that under the preferred alternate in the petition, none of the streets would be closed to traffic, rather, a partial blocking of the street would be used to slow traffic and make it less convenient for cut-through traffic. He suggested that the monies which had been previously set aside for the cul-de-sac could be used for this project instead, since it is estimated to cost less than the cul-de-sac. Responding to Mayor Stueck, Director of Public Service Forbes stated he just received the information from the neighborhood this afternoon; therefore, he has not had an opportunity to review it. Further responding to the Mayor, the Director stated that the City has adequate . equipment to conduct traffic volume studies on North 20th, 21 st, 22nd and 23rd Avenues at the same time. City Manager Wysocki encouraged the Commission to determine how it wishes to proceed with addressing this issue and leave the details to staff. I. 04~ 1 5-96 - 16 - Responding to Commissioner Stiff, Mayor Stueck stated it is difficult for the Commission to act on the proposal forwarded by the neighborhood since it was just received today even though he had anticipated it would be included in the Commissioners' packets on Thursday. Ms. Lynn Husby, 403 North 20th Avenue, stated that the information was finally . assembled during a neighborhood meeting on Thursday evening; and not all of the typing for the proposal was completed until Friday morning. She then stated it was her understanding that the information would simply be submitted at this meeting, with the Commissioners taking action at a subsequent meeting. Responding to Mayor Stueck, the City Manager suggested that staff be given an opportunity to review the information submitted by the neighborhood and to conduct needed traffic counts before the Commission takes any action. Responding to Mr. Maury Magee, Mayor Stueck stated that the cul-de-sac along the south side of West Beall Street has been "put on hold" by the Commission, in response to a request from the Recreation and Parks Advisory Board. He then cautioned the neighborhood that, while funding for the cul-de-sac shows on the list of funded projects, those monies were . actually transferred to fund installation of the new traffic signal at the intersection of North 19th Avenue and Durston Road because of safety concerns for the school children. Mr. Jerry Schroeder, 310 North 21st Avenue, stated that by the end of the first neighborhood meeting, 49 of the 50 neighborhood people in attendance agreed that some type of traffic calming measures, other than the barricade on North 20th Avenue and the proposed cul-de-sac, are needed. Ms. Cathy Jupka, 315 North 20th Avenue, recognized that taking accurate traffic counts will take time; and the barricade on North 20th Avenue must be removed for a period of time while that is being done. She asked that the barricade be reinstalled between the time the traffic counts have been completed and any permanent traffic control measures are implemented. . The Commissioners thanked the neighborhood for their presentation and referred the matter to staff for review and a recommendation. 04-15-96 ---...... ._.n.. _nn_ ____ ...._n ". .____._. - 17 - Award bid - expansion at Swim Center - Rodnev Hobaugh Construction, Bozeman, Montana - base bid of $406,378.00 City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Recreation Superintendent Sue Harkin, dated April 11, forwarding additional information regarding the changes in recreation fees charged and the anticipated increases in revenues. . He reminded the Commissioners that these changes are in response to their request that fees be increased to generate additional revenues to offset the debt for this expansion. He noted that the fee increases have been implemented; and additional increases are anticipated in the future. The City Manager stated that the basic elements of the project have not changed. He stated, however, that addressing code deficiencies and improvements to the parking lot have significantly increased the costs. He reminded that three of the four bids received on March 19 were within 2 % percent, even though they were higher than the estimates. He then forwarded his recommendation that the base bid and Alternate No.1 be awarded. Ms. Mary Boling, Recreation Program Superintendent, noted that relocation of the Recreation Department has been suggested as a method of addressing the space problems at . the Swim Center. She cautioned that the move would result in relocating only her, since the others are involved with the Swim Center. Recreation Superintendent Sue Harkin stated that in 1988, staff began to see the need for an expanded lobby and office area; and that need has increased dramatically. She stated that the proposed expansion is not extravagant; and it has been supported by the outgoing and incoming High School administrations. City Manager Wysocki stated that the interest rate for an INTERCAP loan is currently 4.85 percent; and retirement of the debt over a five-year period would be approximately $95,000 annually. He cautioned that today is the last day to accept any of the bids which were received. . Responding to Commissioner Frost, the Recreation Superintendent stated that if this expansion is not approved, a cutback in services may need to be considered. Responding to Mayor Stueck, Recreation Superintendent Harkin stated that she is also the Pool Manager and supervises and oversees its operation and staff. She noted that 04-15-96 .....--.----.-.- - 18 - Recreation Program Superintendent Boling is in charge of the water aerobics program and the safety instructor training program; therefore, she also needs to spend time at the pool. Commissioner Stiff stated that everyone seems to be concerned about the lack of parking around the High School. He then Questioned why the parking lot improvements for the . Swim Center are not a continuation of the existing situation, but include islands which actually decrease the potential number of spaces. He noted that if the improved portion of the parking lot were along Main Street, he could understand and support it; however, the portion to be improved and upgraded is located at the back of the lot, along the Swim Center, where it is not readily visible from the street. City Manager Wysocki reminded the Commission that the City has chosen to operate under the same rules as private entities do. He noted that public entities are not required to comply with the City's zone code; and the School District has chosen not to do so. Mayor Stueck stated that he and City Manager Wysocki visited the Swim Center on Friday afternoon; and he experienced the overcrowding in the lobby. He forwarded his support for expansion of the locker room and addressing the code deficiencies and safety issues. He . also indicated support for general upgrading of the swimming pool and the pool area, since the facility is now twenty years old. He stated that several of these items were not included in the bid for expansion; and he estimated that all of the items he has identified would cost $150,000. He forwarded his discomfort with spending $130,000 in City monies to upgrade a parking lot on School District property. Mayor Stueck noted that the Commission has appropriated $250,000 for expansion of the Swim Center. He suggested that the upgrades be done and that the remaining monies be used to renovate one of the City's other existing facilities, such as a portion of the Lindley Center, for a Recreation Office. Commissioner Rudberg stated her support for upgrading the facility, as suggested by Mayor Stueck. She noted that she has previously suggested the Recreation Office could be . relocated to the building in Beall Park, with the Beall Park Arts Center being relocated to the Emerson Cultural Center; however, she also supports the Mayor's suggestion. Commissioner Rudberg stated it is inappropriate to spend up to $160,000 in City funds to upgrade a parking lot on School District property. She then indicated that she cannot support award of the bid for expansion of the Swim Center. 04-1 5-96 - .-------. --- ---... - _.u_ - 19 - Commissioner Frost noted that the Commission gave staff direction on how this requested expansion could be accommodated; and staff has come back with a plan that would generate the funding needed to cover a majority of the costs. He stated that the office area is very overcrowded; and the lobby area is much too small to accommodate the changing of . classes of elementary school children. Commissioner Frost stated he does not support locating the Recreation Office at Beall Park because of the traffic involved. He also noted that it appears no real benefits would be recognized from relocation of that office, since a minimal number of staff people would be involved. Commissioner Frost stated that, while he recognizes the costs of upgrading the parking lot are high, he feels it is important for the City to comply with its own zone code. He then stated that, since the fees charged for various recreational activities are being raised to increase revenues, the general taxpayers in the community will be asked to bear only a small portion of the costs. He then encouraged award of the bid for expansion of the Swim Center. Commissioner Stiff noted that the High School campus is very crowded; and the . administration is considering a limitation on those who may drive a car to the campus. Commissioner Youngman recognized the importance of expanding the locker room area and providing appropriate office space. She stated, however, that she is very concerned about the costs of improving the parking lot and asked if remodeling within the existing walls would trigger upgrading of the parking lot. The City Manager suggested that remodeling without changing the exterior walls would not trigger parking lot improvements. Commissioner Youngman then stated that she feels there are some hidden costs which have been factored into the decision-making process. She expressed concern that, since today is the last day to act on the bids, there is no time for that analysis; and she is uncomfortable . making a decision without that information. She recognized that not awarding the bid at this time could result in the City actually spending more money in the future; however, she is not prepared to award the bid without additional information. Commissioner Stiff stated he has always been supportive of the Swim Center and its programs, noting that he was serving on the Commission when closing of the facility was discussed. He stated, however, that he is extremely concerned about the parking lot 04-1 5-96 - 20- improvements, since the lot is located on School District property. He recognized the need for additional space in the facility, noting that those who use the facility should bear the costs. Mayor Stueck stated that, under his proposal, the only item not provided would be new office space He noted that monies have been set aside in the City's budget for the Swim . Center; and he feels that its upgrading is important. He reiterated, however, that he cannot support award of the bid for the proposed expansion. City Manager Wysocki reminded the Commission that, while monies are appropriated in the budget for this project, the revenues are to be derived from a five-year loan. He noted that $55,000 had been appropriated in this year's budget for the first year's payment on that loan. Commissioner Stiff noted that, with the overcrowding of the High School campus, he feels it is important for the City to go back to the original intent of the Swim Center building, rather than further impacting the area with the Recreation Office activities. He stated that, from various comments he has heard, it appears the School District is simply tolerating the Recreation Offices at the Swim Center, rather than being supportive. Responding to Commissioner Frost, the City Manager stated that if the Recreation Office . is moved to a location where additional traffic is not desirable, remote sign-ups for the various recreation programs could be considered. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission award the bid for expansion at the Swim Center to Rodney Hobaugh Construction, Bozeman, Montana, including the base bid in the amount of $406,378.00 and Alternate No. 1, in the amount of $5,610.00. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost; those voting No being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck. It was moved by Commissioner Stiff, seconded by Commissioner RUdberg, that the Commission authorize and direct preparation of documents to complete the work needed to address the health, safety and welfare issues which have been identified, within the confines . of the existing building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner Frost and Mayor Stueck; those voting No, none. 04~ 1 5-96 - 21 - Appointment to Audit Committee Appointments to Beautification Advisory Board Appointment to Bozeman Area Bicycle Advisory Board Appointments to CDBG Economic Development Loan Review Committee Appointments to Community Affordable Housina Advisory Board It was moved by Commissioner Frost, seconded by Rudberg, that the Commission . appoint Dora Anderson to replace Patty-Rae Slothower on the Beautification Advisory Board, with a term to expire on June 30, 1997, and appoint Chad Groth to replace Shirley Nash on the Beautification Advisory Board, with a term to expire on June 30, 1999; appoint Richard P. Wharton to replace Rosemary Burton on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 1996; appoint Jack Thompson to replace Karen Ward as Capital Opportunities representative on the Community Development Block Grant Economic Development Loan Review Committee, with a term to expire on June 30, 1998; and appoint Michael V. Sinclair to replace Riessa Short as legal professional on the Community Affordable Housing Advisory Board, with a term to expire on June 30, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, . none. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Ken Vail to the Audit Committee, with a two-year term to expire on February 28, 1998. 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. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Lisa Lotte Hardiman to replace Sara Sue Hult, as a low-income person on the Community Affordable Housing Advisory Board, with a term to expire on June 30, 1999. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 04-15-96 - ~ .".-. - 22 - (1 ) Petition requesting a cul-de-sac be installed on South Third Avenue, north of its intersection with Kagy Boulevard. (2) Minutes from the Infrastructure Funding Task Force meeting held on April 5, as submitted by Mayor Stueck. . (3) Letter from the Emerson Cultural Center regarding the Beall Park Arts Center. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 16, in the Commission Room. (5 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 16, in the Commission Room. (6) Notice that no public meeting of the County Commission is to be held this week. (7) The City Manager submitted his weekly report, as follows: (1) Met with Library Director Steve Cottrell regarding his budget and the June 4 ballot issue. (2) Attended the tub grinder demonstration on Thursday. (3) Attended the Chamber of Commerce business meeting last week. (4) Attended the Parking Commission meeting last week. (5) Noted that over 200 people attended the APW A Conference last week. (6) Reminded the Commissioners that Clean . Up Bozeman is scheduled for 8:00 a.m. on Saturday, September 27, and that they are scheduled to clean up around City Hall. (8) Commissioner Frost submitted the following. (1) Announced that graduation for the Youth Build students is scheduled during a luncheon on April 25; and all of the Commissioners are invited to attend. (2) Noted some interesting articles in the Southwest Montana Building Industry Association newsletter. (3) Announced that he has the minutes from the latest Historic Preservation Advisory Commission and Bozeman Area Bicycle Advisory Board meetings; and he will bring them in so that copies can be made for the other Commissioners. (9) Commissioner Youngman submitted the following. (1) Attended the meeting on gambling last week, which was very informative. (2) Distributed copies of the pamphlets which . the Library volunteers are using to encourage support of the library mill levy. She noted that the Library staff is not distributing information regarding the mill levy; rather, the work is being done strictly by volunteers through the Friends of the Library. She indicated that they are talking to service clubs whenever possible. 04-15-96 _.._~.- - 23 - (10) Commissioner Rudberg submitted the following. (1) Attended the meeting regarding gambling last week. She stressed the importance of creating a task force to address the issue of casinos in the near future. (2) Attended several meetings, including the Development Review Committee and the Design Review Board. (3) Attended a luncheon for . Governor Marc Racicot last week. (4) Attended a sponsorship meeting for the Leap of Faith last week. (11 ) Commissioner Rudberg noted that during review of the City Commission's budget unit at last week's meeting, she asked about the possibility of funding the election on the Study Commission's recommendations from their budget unit rather than from the City Commission's budget unit. She requested that the Commission authorize sending a letter to the Study Commission to ask them to consider setting aside monies for the election, if possible. The Commissioners concurred that the Mayor should forward a letter, provided the letter is written strictly as a request and not as a demand. ( 12) Commissioner Stiff noted the interesting newspaper article regarding the Attorney General's opinion pertaining to enforcement of building codes. . City Attorney Luwe stated that he requested the opinion today and learned that it is in draft form at this time. He announced that he will get a copy of the final opinion as soon as it has been prepared, noting that it pertains to the jurisdictional area and cautioning that it may not pertain to this form of government. He stated that the issue of reserves is separate from this opinion. City Manager Wysocki noted that Administrative Services Director Gamradt reviewed the revenues and expenses for building inspection for the past ten years, and found that the City received $87,000 more than its expenses. He noted that if the Administrative Rules of Montana are adopted as proposed, the City may need to create an enterprise fund to track the revenues and expenditures more closely. . ( 13) City Attorney Luwe submitted the following. (1) Stated that he received a telephone call from the Department of Justice about the City's moratorium on casinos; and after discussion, they found no problem with it. He reminded the Commission that the moratorium is for a period of six months and that work on any possible revisions to the zone code should begin soon. (2) Attended the Thursday night meeting sponsored by Montanans 04-15-96 ....---- - ....-- ,.. - 24- for Public Decency. He stated that he has requested additional information prior to the April 29 presentation before the Commission. (14) Commissioner Stiff announced that Ken Weaver has scheduled a meeting with a small group of architects and building industry representatives for April 20; and he hopes to . address the Commission in early May regarding the public survey. (15) Mayor Stueck submitted the following. (1) Attended the task force meeting. He asked that the Commissioners forward any ideas or comments prior to their next meeting. (2) Attended the luncheon with the Governor on Wednesday. (3) Welcomed the American Public Works Association for their conference. He noted that Director of Public Service Phill Forbes and Street Superintendent Roger Sicz are highly respected by other members of that organization. (4) Attended the focus group steering committee meeting last week. He stated that, hopefully, the committees will meet independently prior to the next meeting of the steering committee. (5) Welcomed the Future Farmers of America conference at the Student Union Building last week. He noted that over 800 agriculture-based people were in attendance at that conference. (6) Attended the Health Board meeting last week. (7) Attended the Water . Quality District Board meeting last week. (8) Attended the MSU Foundation meeting last week. Commission Resolution No. 3111 - aooroving aDDlication of Color World of Montana. Inc.. for tax reduction for exoandina industry Included in the Commissioners' packets was a copy of Commission Resolution No. 3111, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE APPLICATION OF COLOR WORLD OF MONTANA, INC.; FOR TAX REDUCTION UNDER SECTION 15-24-1401. ET SEa.; MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Commissioner Youngman announced that she will abstain from voting on this agenda . item to avoid the appearance of a conflict of interest. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the Commission adopt Commission Resolution No. 3111, approving the application of Color World of Montana, Inc., for tax reduction for new and expanding industry. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner 04-15-96 ..-..--- -.- -..--.. --..------....--- - 25 - Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Commissioner Youngman abstained. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Boys & Girls Club Week" - April 14-20. 1996 Proclamation - "Clean Uo Bozeman" - Aoril 27. 1996 Staff reoort - intent to annex 2.591 acres known as COS No. 1929. located in the NE%. Section 11. T2S. R5E. MPM (south side of 2500 block of West Villard Street) (Cecil M. Horan) (A-9606) Commission Resolution No. 3112 - intent to annex COS No. 1929. located in the NE%. Section 11. T2S. R5E. MPM (2.591 acres located alona the south side of 2500 block of West Villard Street): set Dublic hearina for Mav 20. 1996 COMMISSION RESOLUTION NO. 3112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND H EREI N MORE . PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3113 - intent to imolement a 4-oercent increase in base rate in water rate schedule: set Dublic hearing for May 20. 1996 COMMISSION RESOLUTION NO. 3113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FOUR PERCENT (4.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Commission Resolution No. 3114 - intent to imDlement a 4-oercent increase in base rate in wastewater (sewer) rate schedule. and establish a 42-oercent surcharae in Wastewater Fund: set Dublic hearina for May 20. 1996 COMMISSION RESOLUTION NO. 3114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON . A PROPOSED FOUR PERCENT (4.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM AND A PROPOSED FORTY-TWO PERCENT (42.0%) SURCHARGE. 04-15-96 ----.--.-- .---.-.- - 26 - Commission Resolution No. 3115 - declarina the City's intent to establish a 1996 Sidewalk Program: setting Dublic hearina for May 6. 1996 COMMISSION RESOLUTION NO. 3115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1996 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED . IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Authorize Mayor to sian - Construction Agreement with Montana DeDartment of TransDortation - West Oak Street from North 7th Avenue to North 19th Avenue Authorize City Manaaer to sign - Right-of-Way Aareement with Montana DeDartment of TransDortation - Dermanent drainaae easement across the "Dark area" in Royal Vista Subdivision (for West Oak Street extension) Authorize Citv Manaaer to sian - Sewer and Water PiDeline and Access Easement and Aareement - Arcadia Gardens ADartments - 30-foot-wide utilitv easement across Lots 1. 2 and 3. Block 14. Annie Subdivision (northwest corner of Durston Road and North 22nd Avenue) Authorize City Manager to sian - Amendment No. 1 to Professional Services Aareement - Morrison/Maierle - Oak Street Sewer Reconstruction Authorize City Manaaer to sign - Contract Aareement for reDair of beam in roof of Bogert Pavilion - Edsall Construction. Bozeman. Montana . Authorize City Manager to sian - Amendment No.1 to Professional Services Agreement - Marvin & Associates - installation of traffic signals at intersection of North Willson Avenue and West Mendenhall Street Authorize City Manager to sian - Parkina and LandscaDing Easement - between City and Bruce Mecklenbura. Helen D. Lovfald. Loren O. Lovfald. Audrey M. Lovfald. Michael Lovfald. Mark Lovfald and Marcella Lovfald - Dortion of West Babcock Street right-of-way adiacent to Lot 1. COS No. 93 Authorize absence of Commissioner Rudbera from meetinas of June 3 and June 10. 1996. in comDliance with Section 7-3-4322(2), M.C.A. Authorize use of annual leave - Clerk of Commission Sullivan - ADril 22 and 23. 1996: aDDoint City Attorney Luwe as Acting Clerk of Commission for ADril 22 meetina Authorize attendance of Clerk of Commission Sullivan at IIMC Conference - May 17-23. 1996: aDDoint City Attorney Luwe as Acting Clerk of Commission for May 20 meetina . Authorize imDlementation of transDortation system Droiects for East Babcock Street between South Rouse Avenue and South Wallace Avenue. South Wallace Avenue between East Babcock Street and East Main Street. and South Rouse Avenue between East Babcock Street and East Main Street. as Dresented durina the ADril 8 work session Authorize meDaration of final Dlans for curb bulbs on South Willson Avenue at West Dickerson Street. West College Street and West Garfield Street. based on Dreliminary desian submitted durina Amil 8 work session 04-1 5-96 - 27 - Acknowledge receiPt of application for reduction of taxes for new or expandina business under Section 15-24-1401. M.C.A. - AK Specialist. Inc.; refer to staff for review and recommendation Authorize Clerk of Commission to advertise for public hearina to update community needs assessment for economic development. housing and public facilities; set public hearing for special Commission meetina to be held at 5:15 p.m. on Mondav. April 29 . Award bid - SID No. 660. Valley Unit Park improvements - A-1 Landscapina and Nursery. Billings. Montana - base bid of $90.500 plus Alternate No. 2 ($S.500) and Alternate No.4 ($2.400) Buildina Inspection Division report for March 1996 Claims It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. . Recess - 5:32 D.m. Mayor Stueck declared a recess at 5:32 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 - Commission Resolution No. 310S - intent to annex the EY2 of the WY2 of the EY2 of the SEY-.. Section 3. T2S. R5E. MPM (20.00 acres located alona the north side of Durston Road at Meagher Avenue extended) (Doug Smith) (A-960 1 ) This was the time and place set for the public hearing on Commission Resolution No. . 3108, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 310S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF 04-1 5-96 -.------ .....- -- .--- .---------------- - -...-----.-- - 28 - BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that under this application, a strip of land 325 feet wide and a half mile long would be annexed into the city. . He noted that the property is located along the north side of Durston Road at Meagher Avenue extended and is in County Zoning District NO.1. He indicated that annexation of this parcel would essentially divide County Zoning District No.1, on the north side of Durston Road, in half. He noted that the zoning on the properties to the east, north and west is agricultural; and the zoning to the south is single-family residential. He stated that, given the topography of the land, only the south 300 to 400 feet of the property can be serviced by gravity-flow sewer lines to Durston Road; the remainder of the property must be served from the north if gravity- flow lines are to be used. The Associate Planner stated that this application has been reviewed in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716. He noted that the . staff's comprehensive findings for each of those goals and policies are set forth in the written staff report, which was previously submitted to the Commission. He summarized the main issues identified during that review, noting that while the annexation would create a long thin peninsula initially, further infill in this area will eventually result in smoothing of the city boundaries. He stated that a master plan amendment to establish the appropriate land use designation and a zone map amendment to establish an urban zoning designation will be necessary if the annexation is approved; and they are the subjects of the next two public hearings. The Associate Planner stated that, following its review of this application, staff concluded that the request is in general compliance with the Commission's goals and policies. He stated that the staff report contains four conditions which staff recommends be attached . to approval of this requested annexation. He suggested that if the Commission concurs with the staff's recommendation, a fifth condition should be added that requires impact fees for fire and streets be paid upon annexation and impact fees for water and wastewater be paid upon connection to those services. 04-15.96 - 29 - Associate Planner Patterson stated there is a house on the subject property; and it is currently not in compliance with two provisions of the Bozeman Municipal Code. He suggested that another condition could be added to require that the recreational vehicle currently stored in the front yard be relocated and that the garbage currently on the site be removed. . Responding to Mayor Stueck, Associate Planner Chris Saunders stated that under the impact fee ordinance, which the Commission recently adopted, impact fees for fire and streets are due upon annexation. He indicated that the impact fees for water and wastewater will be collected either upon connection to the system or issuance of a building permit. Mr. Dennis Foreman, Gaston Engineering, indicated a willingness to respond to questions. Mrs. Janet Swenson, 4959 Durston Road, stated this subject property borders the west side of their 20-acre parcel. She questioned the advisability of annexing a piece of land that is 1/16 mile wide and 1/2 mile long, particularly when the property to the east of it is not annexed. She cautioned that this type of leapfrog approach could lead to the same type of problems on Durston Road that are being encountered on West Babcock Street, where portions . of the right-of-way are in the city while other portions are in the county. She suggested that the city should be allowed to progress from Brentwood westward in an orderly manner, rather than through a leapfrog approach. Mrs. Swenson noted that Valley Unit Subdivision, immediately to the south of this subject property, has many acres of undeveloped land remaining in it. She also noted there are other open areas on the west side of town which should be developed before additional land is annexed. She concluded by encouraging the Commission to not approve this annexation, but to encourage orderly, progressive growth. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Stiff, City Attorney Luwe stated that the Commission may choose to add a condition to require that the zoning violations be resolved, or they may wish . to not add a condition but allow staff to work with the applicant as the Annexation Agreement is being prepc;tred and executed. Responding to Mayor Stueck, Associate Planner Patterson stated that if this property were developed under its current AS zoning, one unit would be allowed per twenty acres. 04-15-96 ~ 30 ~ Responding to Commissioner Stiff, the Associate Planner stated this subject property is well within the sewer service area boundaries. Mayor Stueck forwarded his interest in annexing any property on the perimeter of the city for which a request is submitted because the City's infrastructure can then be extended . to serve that parcel. He stated this is preferable to allowing wells and septic tanks around the edge of the city. There were no Commissioner objections to waiving the customary one~week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize and direct staff to work with the applicant to resolve the municipal code violations and to prepare a resolution for annexation upon execution of an Annexation Agreement, subject to the following conditions: 1. The property owner shall provide usable water rights, or cash~in~lieu thereof, in an amount determined by the Director of Public Service, at the time the property is developed; 2. The property owner shall provide and file with the Gallatin County Clerk . and Recorder's Office an executed Waiver of Right to Protest the Creation of SID's for street improvements to Durston Road and West Oak Street. The Waiver shall specify that in the event SID's are not utilized for the completion of these projects, the property owner shall agree to participate in an alternative financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. A copy of the filed document shall be submitted with the Annexation Agreement; 3. The applicant shall grant to the City of Bozeman two perpetual street and utility easements for the use of the public, in, through, under and across strips of land situated in Gallatin County, Montana. Said easements shall be forty~five (45) feet wide on the south side of the property along Durston Road, and thirty~two and one-half (32 %) feet wide on the north side of the property along a future extension of West Oak Street; 4. The applicant shall pay the appropriate impact fees for fire and streets upon annexation; and the impact fees for water and wastewater shall be paid upon connection to those services; and . 5. The applicant shall provide a mylar map, suitable for filing, of the annexed area, which is acceptable to the Director of Public Service. 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. 04~ 1 5~96 -.------ ---.------ - 31 - Public hearing - Master Plan Amendment - establish an initial land use desianation of "Urban Residentiallnfill" on 19.957 acres known as the E% of the W"h of the E% of the SE~. Section 3. T2S. R5E. MPM - Gaston Enaineerina for Doug Smith (4521 Durston Road) (P-9604) This was the time and place set for the public hearing on the Master Plan Amendment, as requested by Gaston Engineering for Doug Smith, under Application No. P-9604, to establish . an initial land use designation of "Urban Residentiallnfill" on 19.957 acres known as the Eas1 one-half of the West one-half of the East one-half of the Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 4521 Durston Road. Mayor Stueck opened the public hearing. Associate Planner Chris Saunders presented the staff report. He noted that this property was the subject of the previous public hearing. He stated that the City-County Planning Board conducted its public hearing on this application at its April 2 meeting. Following its public hearing and consideration of the application in light of the four criteria for master plan amendments, the Planning Board concurred in staff's recommendation for approval. The Associate Planner stated that at the Planning Board meeting, two people spoke in . opposition to the requested master plan amendment; and one letter of opposition was received. Mr. Dennis Foreman, Gaston Engineering, indicated a willingness to respond to questions. Mrs. Janet Swenson, 4959 Durston Road, stated her property abuts the northern portion of this property and Mr. Lester Mengel, who resides at 311 North 17th Avenue, owns five acres abutting the southern portion of this property. She stated that both of them are opposed to this requested master plan amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . Commission approve the Master Plan Amendment, as requested by Gaston Engineering for Doug Smith, under Application No. P-9604, to establish an initial land use designation of "Urban Residentiallnfill" on 19.957 acres known as the East one-half of the West one-half of the East one-half of the Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, contingent upon completion of the annexation process. The 04-1 5-96 - 32 - 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. City Attorney Luwe announced that staff will bring back the appropriate document to . complete this process after the annexation has been completed. Public hearing - Zone MaD Amendment - from "SRR" (Semi Rural Residential) to "R-3a" Residential--Medium-densitv. Two-familv) - 19.957 acres known as the E Y:z of the WY:z of the EY:z of the SE%. Section 3. T2S. R5E. MPM - Gaston Engineerina for Doua Smith (4521 Durston Road) (Z-9608) This was the time and place set for the public hearing on the Zone Map Amendment from "SRR" (Semi Rural Residential) to "R-3a" (Residential--Medium-density, Two-family), as requested by Gaston Engineering for Doug Smith, under Application No. Z-9608, on 19.957 acres known as the East one-half of the West one-half of the East one-half of the Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 4521 Durston Road. . Mayor Stueck opened the public hearing. Associate Planner Chris Saunders presented the staff report. He stated that staff has reviewed this application in light of the twelve criteria established in the Montana Code Annotated; and the comprehensive staff findings are contained in the written report which was previously distributed to the Commission. The Associate Planner stated that the City-County Planning Board conducted its public hearing on this application at its meeting held on April 2 and, after receiving pUblic testimony and reviewing the twelve criteria for review of zone map amendments, the Board concurred in staff's recommendation for approval. Mr. Dennis Foreman, Gaston Engineering, stated that the applicant wishes to construct single-family homes and duplexes on this subject property; and the Planning staff indicated that . the "R-3a" zoning is the lowest zone under which that is allowed. Mr. Doug Smith, applicant, stated that, once this subject 20 acres is annexed and developed, it is his intent to seek annexation for the remaining 200 acres to the west of this parcel. 04-15-96 . --.---.- ..- - 33 - Mrs. Janet Swenson, 4959 Durston Road, asked that the City carefully consider the type of lighting that is allowed with development of this property. She noted that the lighting allowed in the Valley Unit Subdivision has totally destroyed the night sky for residents in that area. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Frost, Associate Planner Saunders stated that "R-3a" is the first zone in which duplexes are allowed. He noted that they are not allowed, even as a conditional use, in the "R-1" and "R-2" zoning districts. He stated that staff feels the proposed zoning allows for development which is compatible with existing development on the south side of Durston Road. Further responding to Commissioner Frost, the Associate Planner stated that no consideration has been given to how the land on the north side of Durston Road between Brentwood Subdivision and this subject property may be developed because it does not contain an urban land use designation or zoning. He suggested it may be beneficial to develop an overview of how this area should be developed, so that development "based on a lot of little . decisions" can be avoided. Mayor Stueck noted that in the Leap of Faith focus group meetings, identifying areas for increased densities has been discussed. He suggested that allowing some duplexes on this subject parcel would be appropriate, particularly in light of those discussions. Commissioner Youngman noted that, in a recent subdivision approval, all lights were required to shine down; and that included both street lighting and house lighting. She also noted that the lights which were installed in the Valley Unit Subdivision are no longer allowed under the City's zone code. She recognized that the community will encounter growing pains, particularly in areas where residents have enjoyed a rural setting for quite a number of years. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment from "SRR" (Semi Rural Residential) to "R-3a" (Residential--Medium-density, Two-family), as requested by Gaston Engineeringfor Doug Smith, under Application No. Z-9608, on 19.957 acres known as the East one-half of the West one-half of the East one-half of the Southeast one-quarter of Section 3, Township 2 South, 04-1 5-96 --.--- n.__ .__ - 34 - Range 5 East, Montana Principal Meridian, contingent on completion of the annexation process and the master plan amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. . City Attorney Luwe stated that staff will bring back an ordinance to amend the zoning after the annexation process and the master plan amendment process have been completed. Public hearina - Zone MaD Amendment - "AS" to "B-1" - 8.37 acres located in the NE%. Section 17. T2S. R5E. MPM - Hollv B. Brown for Jack and Vanessa Germeroth (5391 and 5393 Gooch Hill Road (Z-9621 ) This was the time and place set for the public hearing on the Zone Map Amendment from "AS" (Agricultural Suburban) to "B-1" (Neighborhood Service), as requested by Holly B. Brown for Jack and Vanessa Germeroth, under Application No. Z-9621, on 8.37 acres located in the Northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located at the southwest corner of the intersection of Gooch Hill Road and Huffine Lane, and is more commonly known as 5391 and 5393 Gooch Hill Road. . Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated the subject property is located at the southwest corner of Huffine Lane/US Highway 191 and Gooch Hill Road. He reviewed the land uses in the area, which include a mixture of agricultural, residential and commercial uses. The Associate Planner stated that staff has reviewed this application in light of the twelve criteria for consideration of zone map amendments; and the comprehensive staff findings are contained in the written staff report. He noted that the subject parcel currently contains a veterinary clinic and a residence. The Associate Planner stated that staff carefully considered whether rezoning all of the subject parcel to "B-1" would be appropriate, or whether only a portion of it should be rezoned. . He stated that, after careful review, staff determined if development on the site were oriented toward Gooch Hill Road, with no access from Huffine Lane, it could meet the intent of a neighborhood commercial zone. He then suggested that, through a planned unit development, the neighborhood service characteristics could be protected. 04-1 5-96 - 35 - Associate Planner Patterson stated that staff considered the possibility of two zoning designations on this subject 8.37 acres, with 1 .7 acres being zoned for commercial development with eight to ten residential units and open space on the remainder of the site. He stated that the Planning Board considered this suggestion, but determined it would not be . appropriate. He noted. instead. that the Board confined its discussions to rezoning of the entire parcel and development through a planned unit development. He stated that issues discussed included control of the character and size of the commercial development. The Associate Planner stated that the Board discussed at length whether an adequate area could be developed as commercial through the planned unit development process. He noted concern was expressed that allowing commercial development on this quadrant of the intersection could result in commercial development at all four of its quadrants. He stated that, they decided if the entire parcel were zoned for commercial use, it could minimize the potential of seeking commercial zoning for the other quadrants. He provided examples of the sizes of commercial developments within the city limits, noting that the store area at University Square Shopping Center is 8 acres, not including the Ernst store or parking area; the West College . Shopping Center is 2.75 acres; and the Kagy Korner complex is located on 4 acres. Associate Planner Patterson stated that the City-County Planning Board considered this application at its meeting held on April 2, 1996. Following its review of this application in light of the twelve criteria set forth in the Montana Code Annotated, the staff report and the public testimony received during the public hearing, they were unable to forward an official recommendation. The unofficial recommendation forwarded is for denial of the requested zone map amendment, thus requiring a planned unit development application for development with commercial uses. Ms. Holly Brown, attorney representing the applicants, suggested that the requested "B-1" zoning is very appropriate for this subject parcel. She reminded the Commission that an application had recently been filed for rezoning of this parcel and an adjacent parcel to "M-1". . In light of Planning staff comments and their lack of support for that proposed zoning, the applicants withdrew the application; and her clients applied for the "B-1" zoning on their parcels only. Ms. Brown noted that there has been substantial discussion about the orientation of any commercial development on this property. In light of those concerns, her clients have indicated 04-15-96 - 36 - a willingness to provide an additional 20-foot-wide open space strip along Huffine Lane, to increase the buffering between any development and Huffine Lane as well as to prevent any possible access to the site from Huffine Lane. She noted that the applicant's property line is 65 feet from the centerline of Huffine Lane. She characterized this intersection as the only . major four-way intersection between the city limits and Four Corners; and, therefore, it is the only intersection which qualifies under the master plan and zone code for commercial development. Ms. Brown stated she does not believe approval of this requested zone map amendment would result in setting of precedent because every application must be considered on its own merits. She noted that this subject parcel meets the master plan requirements for being located at the intersection of two arterials or an arterial and a collector. She noted that there is significant residential development on Gooch Hill Road south of Huffine Lane, which neighborhood services would serve. Ms. Holly Brown stated that the subject parcel is odd shaped, which will reduce the amount of development which may occur. She stated it is a long, narrow, L-shaped parcel; and . the setback and open space requirements reduce the developable area to 6 acres. She expressed concern that if this parcel is required to develop under the planned unit development provisions, the residential development would be at a higher density than exists in the surrounding area. She cautioned that this would also increase traffic impacts on the roads that serve the site. She stated that the 1.7 acres which could be developed as commercial under the PUD process would not be adequate to serve the entire area; therefore, more demands for commercial development at that intersection would be created. Ms. Brown noted that under the requested zoning, the maximum footprint of 5,000 square feet per building helps to ensure that commercial development is compatible with surrounding residential properties. Ms. Brown stated that she has contacted the Army Corps of Engineers regarding the . subject site, since questions have been raised about the ditch which crosses it; and they will be in Bozeman next week to review the site. City Manager Wysocki entered into the record several letters of support and opposition to the requested zone map amendment. No one was present to speak in opposition to the requested zone map amendment. 04-1 5-96 -- - 37 - Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Frost, the Associate Planner stated he has not calculated the amount of acreage that would be devoted to setbacks. He noted that the setback requirements in the "B-1" zoning district include 25-foot front yard setbacks, 20-foot rear yard . setbacks, and 8-foot side yard setbacks. He stated that the subject parcel is approximately 1,000 feet long and is 450 feet wide on the south end, narrowing to 325 or 350 feet wide on the north end. He noted that the setback in an entryway corridor is 50 feet, cautioning that the additional 20-foot setback proposed by the applicant's representative is strictly voluntary and cannot be included in any approval of a zone map amendment. Responding to Commissioner Frost, the Associate Planner stated that no additional setbacks are required between this zoning and adjacent residential zones; rather, landscaping within the setback is deemed sufficient to mitigate the impacts due to the difference in zoning. Responding to Mayor Stueck, Associate Planner Patterson stated that the watercourse along the south end of the property is an irrigation ditch. He noted that the watercourse along the north end of the property is a stream; and it is located within the 50-foot setback from an . entryway corridor. Commissioner Rudberg stated she does not support the proposal that commercial development on this property be allowed under a planned unit development; and she does not believe that residential development is appropriate so close to a four-lane highway. She then stated her support for the proposed rezoning, noting that neighborhood services would be appropriate at this location. Commissioner Stiff stated that, after careful review of the staff report and the minutes and resolution from Planning Board meeting, he feels the requested rezoning to "B-1" is appropriate. Commissioner Frost stated his strong opposition to the requested rezoning. He noted that under a planned unit development, neighborhood services could be provided on the north . end of the site; and the south end could be developed with housing units. He recognized that under this scenario, there would not be a large number of residential units; however, he does not feel it is appropriate to develop the entire eight acres with commercial uses. Commissioner Youngman stated she does not support the zone map amendment, noting that the arguments forwarded by staff and the Planning Board are compelling. She noted that 04-15-96 ---.--.----...---. - 38 - staff has forwarded three options for Commission consideration; and her preference is for rezoning only a portion of the site rather than the whole site. She recognized that the applicant has offered to provide additional buffering; however, she cautioned that the Commission must consider all the options for development under the zoning designation because someone else . may actually develop the site. Responding to Mayor Stueck, City Attorney Luwe cautioned that the Commission may not attach conditions to approval of a zone map amendment. Responding to Commissioner Youngman, the City Attorney indicated that the Commission could require that the appropriate permits be obtained from the Army Corps of Engineers before the zone map amendment process is completed; or it could delay action on this application until after those permits have been received. Mayor Stueck stated that, while he would like to ensure that commercial strip development does not occur, he feels approval of this zoning request is appropriate. He suggested that through careful review of plans for development, concerns can be mitigated. He then noted that, unless the existing house and veterinary clinic on the site are moved or torn . down, the amount of development which can occur on this site is decreased. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment from "AS" (Agricultural Suburban) to "B-1" (Neighborhood Service), as requested by Holly B. Brown for Jack and Vanessa Germeroth, under Application No. Z-9621, on 8.37 acres located in the Northeast one-quarter of Section 17, Township 2 South, Range 5 East, Montana Principal Meridian, subject to obtaining the appropriate permits from the Army Corps of Engineers. 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. . City Attorney Luwe announced that staff will bring back on ordinance enacting the zone map amendment after the appropriate permits have been obtained from the Army Corps of Engineers. 04-15-96 - --.. --.. ...-..-..--- .. .-...------ - 39 - Public hearina - COA with deviations from Sections 18.24.050 and 18.50.120.K. of the Bozeman Municioal Code. to allow addition to encroach 5 feet into reauired 8-foot side yard and allow Dart of a oarkina soace to encroach into reauired side yard setback - Lots 6 and 7. Block 15. Park's Addition - Linda Bell for Valerie and Jim Webster. 311 South 3rd Avenue (Z-9620) This was the time and place set for the public hearing on the Certificate of . Appropriateness with deviations from Sections 18.24.050 and 18.50.120.K. of the 80zeman Municipal Code, as requested by Linda Bell for Valerie and Jim Webster, under Application No. Z-9620, to allow an addition to encroach 5 feet into the required 8-foot side yard setback and to allow part of a parking space to encroach into the required side yard setback on Lots 6 and 7, Block 15, Park's Addition. The subject property is located at 311 South Third Avenue. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that under this application, the existing attached garage is to be demolished and replaced with a 587-square- foot addition to the house. The requested deviation will allow that addition to encroach 5 feet into the required 8-foot side yard on the north side of the house, which coincides with the current setback for that side of the existing structure. He indicated that a second deviation is . being sought to allow a parking space to encroach into the required side yard along South 4th Avenue by the same amount that the neighboring property encroaches or the edge of the building, whichever is less. The Associate Planner stated that the proposed three-floor addition is very compatible with the existing structure. He noted that the addition will include a recreation room and storage area in the basement, a kitchen area on the main level and bedrooms on the second floor. He indicated that some concern was raised about the fact that the addition so closely resembles the existing structure, it will be difficult to identify the addition. Ms. Linda Bell, representing the applicant, stated a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.24.050 and 18.50.120.K. of the Bozeman Municipal Code, as requested by Linda Bell for 04-15-96 -..-- --~..--._-_..._._-_..__.._-_... --.---.------".--- - 40- Valerie and Jim Webster, under Application No. Z-9620, to allow an addition to encroach 5 feet into the required 8-foot side yard setback and to allow part of a parking space to encroach into the required side yard setback on Lots 6 and 7, Block 15, Park's Addition, subject to the following conditions: . 1. The applicant shall obtain a Demolition Permit prior to demolition of the attached garage; and 2. If required, the proposed parking spaces may encroach into the side yard setback as proposed or by the same amount as the neighboring property, whichever is less. 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. Public hearina - COA with deviation from Section 18.24.050 to allow 9-foot bv 22-foot-6-inch addition to encroach 3 feet into reauired 8-foot side yard setback - Lots 13 and 14. Block D, Alderson Addition - Comma-Q Architecture. Inc.. for Suzanne L. Hainsworth. 216 South 3rd Avenue (Z-9627) This was the time and place set for the public hearing on the Certificate of . Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as requested by Comma-Q Architecture, Inc., for Suzanne L. Hainsworth, under Application No. Z-9627, to allow a 9-foot by 22-foot-6-inch addition to encroach 3 feet into the required 8-foot side yard setback on Lots 13 and 14, Block D, Alderson Addition. The subject property is located at 216 South Third Avenue. Mayor Stueck opened the public hearing. City Manager Wysocki stated that the Design Review Board has not completed its review of this application and recommended that this hearing be continued until May 6. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission continue the public hearing to May 6, to allow time for the Design Review Board to review the application and forward a recommendation. 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. 04-1 5-96 __.. n______ ____u_ -.-.. - 41 - Public hearing - review of four DroDosed enhancement Droiects to be Dresented to the State of Montana DeDartment of TransDortation for fundina through Community TransDortation Enhancement Program (CTEP) monies This was the time and place set for the public hearings on four proposed enhancement projects to be presented to the State of Montana Department of Transportation for funding . through Community Transportation Enhancement Program (CTEP) monies. Neighborhood Coordinator/Grants person James Goehrung stated that the Enhancement Steering Committee solicited applications for Community Transportation Enhancement Program (CTEP) monies. As a result of that solicitation, they considered thirteen applications and selected six to be ranked. The Committee has identified four projects for which it recommends applications be prepared and forwarded to the Montana Department of Transportation for funding. Those projects include, in rank order: (1) a bicycle/pedestrian facility, in conjunction with the widening of South Third Avenue, from Kagy Boulevard to Goldenstein lane; (2) a series of bicycle paths through the central core of the community; (3) a pedestrian trail along Fowler Avenue from US Highway 191 to West Babcock Street and perimeter trails in the Bozeman Ponds area; and (4) a combined project which includes entryway beautification along . North 7th Avenue, entryway signs and East Main Street tree plantings. Responding to Mayor Stueck, Neighborhood Coordinator/Grantsperson Goehrung stated that, in the past, the County Commission has earmarked 25 percent of its enhancement funds for projects within the Bozeman city limits. He stated that, for the City to obtain such assistance from the County, he must forward a formal request; and he will do so at an upcoming meeting. He noted that, while there is no formal deadline for submittal of applications, the Enhancement Steering Committee is interested in forwarding the applications as quickly as possible. He indicated that the City of Bozeman has secured the funds it has available under the CTEP program and has, in fact, obtained an additional $42,000 last year because it had submitted qualified applications. (3) a pedestrian trail along Fowler Avenue from US Highway 191 to West . Babcock Street and perimeter trails in the Bozeman Ponds area Mayor Stueck opened the public hearing. Mr. Tom leProwse, 6909 East Baseline Road, representing the Breakfast Optimists Club, stated they began the ponds project many years ago. He noted that what they had anticipated to be a $10,000 improvement project has turned into a $435,000 project. Under this 04~ 15-96 ... .. .-.--- .____...." _._n__ - 42 - improvement project, the three individual ponds are being combined into one sculpted lake. The ponds have been drained and, instead of the anticipated 8-foot depth, they are up to 20 feet deep. Mr. LeProwse showed the Commission a conceptual layout of the Ponds area, which . includes a series of trails in the ponds area, with connecting trails to Huffine Lane/US Highway 191 and West Babcock Street. He noted that the trail connects this park with the park which has been developed at the southwest corner of West Babcock Street and Fowler Avenue; and it also serves as a part of the entire trail network which has been identified. He stated that the trail is to be disabled accessible. Mr. LeProwse stated that the trail system is a very small part of the overall project, which will result in a beautiful park within the city limits. He noted that the Breakfast Optimist Club has contributed $20,000 toward this project to date, and encouraged the Commission to forward this application for enhancement monies. No one was present to speak in opposition to the application. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve submittal of the application for $162,337.00 in Community Transportation Enhancement Project monies for a pedestrian trail along Fowler Avenue from US Highway 191 to West Babcock Street and perimeter trails in the Bozeman Ponds area. 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. (1 ) a bicycle/pedestrian facility, in conjunction with the widening of South Third Avenue, from Kagy Boulevard to Goldenstein Lane Mayor Stueck opened the public hearing. Neighborhood Coordinator/Grants person James Goehrung stated that, with the opening . of the new middle school this fall, it is important to provide a bicycle/pedestrian facility along South Third Avenue as quickly as possible. He stated that the design for widening of South Third Avenue is being prepared; and efforts will be made to have the construction of those improvements done by the time school starts, or shortly thereafter. He suggested that if this enhancement project can be done in conjunction with the street widening, it could result in 04-1 5-96 _..~~ --- - 43 - reduced costs. He noted that this was identified as the highest priority project by the enhancement steering committee, due in large part to the concern for safety of the children. No one was present to speak in support of or in opposition to this application. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve submittal of the application for $147,021 .00 in Community Transportation Enhancement Project monies for a bicycle/pedestrian facility, in conjunction with the widening of South Third Avenue, from Kagy Boulevard to Goldenstein Lane. 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. (2) a series of bicycle paths through the central core of the community Mayor Stueck opened the public hearing. Mr. Scott Dreblow, 108 East Story Street, stated he was a member of the Bozeman Area Bicycle Advisory Board for four years, and a member of the enhancement steering . committee for the same length of time. He stated that bicycle lanes in the core area have been the subject of extensive public input and review since 1990; and they were included in the 1993 Bozeman Area Transportation Plan Update. He reminded the Commission that that plan was the subject of extensive public input and was reviewed by the Transportation Coordinating Committee, the City-County Planning Board, the City Commission and the County Commission before it was adopted. He noted that this project also received favorable attention from the enhancement steering committee during its review process. Mr. Dreblow noted that bicycle lane projects have always ranked in the top three or four projects during any review process. He characterized this project as the beginning of a bicycle lane network that will cover the entire community. He stated it is not just a project for bicyclists; rather, it will benefit everyone in the community. He noted that bicycle lanes will . enhance the safety of bicyclists and serve as the first step to recognizing bicycles as a legitimate means of transportation, thus easing traffic congestion in the community. Mr. Dreblow stated that the Bozeman Area Bicycle Advisory Board publicly supported the $5 million general obligation bond issue for transportation projects; and they have yet to see any substantive action taken to address anything but motorized traffic. He stated that, 04-1 5-96 - 44 - through encouraging the use of bicycles instead of cars, the pressure on parking spaces could be alleviated in both the downtown area and around campus. He encouraged the Commission to recognized that most of the traffic problems are cumulative problems which cannot be resolved overnight but must be resolved one small step at a time. . Mr. Scott Dreblow stated that, after all of the time and effort which has been devoted to establishing bicycle lanes in the community, the only bicycle lane which has been created is on South 11th Avenue between West Babcock Street and West Curtiss Street. He noted that the bicycle lane which was created when North 19th Avenue was improved between West Main Street and Durston Road is rapidly disappearing with the heavy traffic load on North 19th Avenue. He concluded by encouraging the Commission to approve this project as proposed. Mr. John Preston, 409 South Bozeman Avenue, member of the Bozeman Area Bicycle Advisory Board, stated that many people in the community rely on bicycles for transportation; and many families with children ride bicycles for pleasure. He noted that many community activities and events are provided for families, but bicycle lanes have yet to be implemented. He recognized that the creation of bicycle lanes may be inconvenient for some residents; . however, he encouraged the Commission to recognize the safer environment they would create for both adults and children. Mr. Dan Himsworth, 1107 Brentwood Drive, member of the Bozeman Area Bicycle Advisory Board, stated he has lived in several communities where bicycle lanes have been established; and he noted that cyclists ride in them. He stated that motorists recognize those lanes; and there is generally a greater cooperation between motorists and bicyclists where lanes are provided. He characterized Bozeman as a difficult community in which to ride a bicycle; and he worries about his children when they ride. He noted that if bicycle lanes are created, the Board must take an active role in educating bicyclists so that they ride in those lanes. He encouraged the Commission to make a commitment to bicycling by approving the proposed bicycle lanes. . Mr. Russell Johnson, 411 West Lamme Street, member of the Bozeman Area Bicycle Advisory Board, stated that the Board supports a network system of bike lanes which provides for greater accessibility to all parts of the community. He noted that conversations with residents around the community have revealed that, while they would be interested in riding their bicycles, they area afraid to do so because of the traffic and dangers that exist. He stated 04-1 5-96 .- .... .- ...".. - 45 - that the creation of bike lanes is the first step in providing for safer movement around the community; and he suggested that they will also benefit the quality of life for everyone. Mr. Johnson noted that residents along South 8th Avenue have stated opposition to losing on-street parking to accommodate a bicycle lane. He reminded the Commission, . however, that the primary purpose of a road is transportation, not parking. He suggested that residents have adequate space to park off the street, and encouraged the Commission to approve the proposed bicycle lanes in the core of the community. Mr. Clain Jones, 502 North Third Avenue, stated he commutes daily to the University on his bicycle. He uses South 8th Avenue; and he has avoided numerous incidents at its intersection with West College Street because drivers are unable to see past the vehicles parked close to the corners. He stated that a bicycle lane would dramatically enhance the safety of cyclists as well as motorists traveling on South 8th Avenue. Mr. Anthony Kern, 1703 West Olive Street, stated he is one of many bicycle commuters who rides everywhere; and he has been hit twice in the past year. He characterized Bozeman as a fairly dangerous community in which to ride; and his roommate won't ride her bicycle . because she's afraid to. He indicated that a count of bicyclists and parked vehicles on South 8th Avenue revealed there were 32 parked cars between West College Street and West Olive Street in the morning; and there were 34 bicyclists headed toward the downtown area. He encouraged the Commissioners to approve the bicycle lanes as proposed, noting that they will provide a safer place for bicyclists to ride. Ms. Myra Chandler, 108 East Story Street, stated that she was born and raised in Bozeman, and left for a few years to go to school. She stated that, upon her return, she was appalled at the lack of progress in implementing bicycle lanes in the community, particularly along South Third Avenue near the new schools. She encouraged the Commission to approve the bike lanes, noting that they provide a safer place for bicyclists and increase a driver's awareness of bicyclists. . Mr. Chris Boyd, 426 West Story Street, noted that, as a homeowner, he lost parking spaces near his home last year to provide increased visibility at the corner. He stated that, while he can no longer park in front of his home, there is a certain amount of relief in knowing that the stop sign now erected at the corner will alleviate the accidents. He encouraged the 04-1 5-96 - 46 - Commission to consider the health of the whole neighborhood when considering these proposed bike lanes, and not just the specific streets in question. Mr. Kevin Thane, 508 South 8th Avenue, stated he is not opposed to bike lanes and, in fact, recognizes the benefit they provide to the community through increased safety; . however, he is opposed to the installation of bicycle lanes on South 8th Avenue. He stated that many of the homes on South 8th Avenue are historic homes, without garages or driveways off the street; therefore, the only option for parking at many of those homes is on the street. He noted that the garages which do exist in the area are typically not built for today's automobiles. He further cautioned that, under the historic district regulations, modifications which jeopardize the integrity of the architectural period are not allowed. Mr. Thane also noted that South 8th Avenue has a raised median in the center of the street; and that is where the snow is piled in the winter months. He stated that to remove parking from one side of the street would create an extreme hardship on residents because of the difficulty in crossing the street, particularly in the winter. Mr. Thane recognized that there are a number of apartments in homes on South 8th . Avenue; and many of those apartments are rented to college students. He stated there is little room in this area for off-street parking; and he recognized that the concentration of on-street parking is quite high. Mr. Kevin Thane noted that under this proposal, the bike lane is to extend from West Main Street to West College Street. He noted that the University did not want to lose its on- street parking in that area; therefore, the proposed bike lane does not extend into the campus area. He cautioned that ending the bike lane in the middle of a street could result in less safe conditions for bicyclists than no bike lane. He also noted that the accidents which occur at the corner of West College Street and South 8th Avenue are the result of an inability to see around the cars parked-close to the intersection, not from the lack of a bike lane. Mr. Thane noted that northbound vehicles on South 8th Avenue already travel faster . than the speed limit. He cautioned that removal of parking on that side of the street will only serve to increase the speed of the traffic; and that is not a desirable trend. Mr. Thane noted that the typical bicyclist who uses South 8th Avenue is a commuter and not a pleasure rider; and children do not ride on this street. He encouraged the 04-1 5-96 ... - --.- ..---.- - 47 - Commission to consider the benefit of the on-street parking spaces versus the benefit of a bike lane, stated that he believes the parking spaces are of benefit to the greater number of people. Mr. Bob Kolesar, 506 North Bozeman Avenue, stated he does not support the proposed bike lanes in the core of the community as they have been presented; however, he does believe . that bike lanes could be beneficial. He recognized the liability placed on motorists who must dodge bicyclists, noting that as a former practicing attorney in Bozeman, he was involved in a case where a motorist did, indeed hit a bicyclist who fell in front of him. He cautioned that one of the predictable issues in law is that if a motorist hits a bicyclist, for whatever reason, the motorist is at fault. He noted that he does not ride a bicycle in Bozeman, particularly not in the wintertime, because he does not feel it is worth the obvious risk involved. Mr. Kolesar encouraged the Commission to not view bicycle lanes as making roadways safe, particularly in the winter. He then forwarded his proposal that a separate corridor for bicyclists be created, using a grid of existing streets in the community that could be closed to through vehicle traffic. He provided a map of the city with a proposed bicycle route grid, noting that under this scenario, vehicular traffic would be virtually eliminated on certain streets. . He noted that on-street parking would still remain on those streets but through traffic would be prohibited. He stated that with the existing street structure in Bozeman, bike lanes cannot be accommodated. He further noted that vehicles backing into the street from driveways create additional hazards for bicyclists that could be alleviated with the creation of a separate circulation system for bicycles. Mr. Robert Schlegel stated opposition to the proposed bike lane on South 11th Avenue. He noted that under the proposal, all on-street parking would be on the east side of the street; and that would require residents on the west side of the street to cross the street to access their vehicles. He noted that overcrowding is already causing competition for parking spaces in the area; and to eliminate parking on one side would only compound the problem. He further noted that South 11 th Avenue is not on a straight alignment; and that configuration could . create real hazards for cyclists. He concluded by stating that encouraging mixed use of main thoroughfares is not appropriate. Mr. Tom Austin, 1111 South Willson Avenue, noted that under the proposed bike routes, parking is to be removed from the east side of the street. He noted that such a change will prohibit him from parking in his own neighborhood because he lives in the middle of the 04-1 5-96 -...---- ----- - 48 - block; and the streets along the west side of South Willson Avenue lie within the neighborhood parking district. Mr. Austin noted that South Willson Avenue serves as one of the main links from the south side of the community to downtown and is, therefore, extremely busy. He suggested . that the linear park may be a better option for bicyclists, noting that it connects to Kagy Boulevard. He encouraged the Commissioners to not approve this proposed bike route on South Willson Avenue, stating he feels safer routes for bicyclists are available. Ms. Nancy Lapeyre, 1704 South Willson Avenue, noted that she and her husband submitted a letter of opposition to the creation of bike lanes along South Willson Avenue, South 8th Avenue, South 11 th Avenue, West Grant Street and West College Street. She stated that the idea of bike lanes is a good one, recognizing that bicyclists like to move around the community safely. She noted, however, that to put bike lanes on the busiest streets in the community doesn't seem to make sense. Ms. Lapeyre expressed concern that removal of parking on one side of the street to accommodate a bike lane, while it may provide a little more safety for the bicyclists, will create . a much more hazardous situation because of pedestrians crossing the street to reach their parked vehicles. She stated that where she lives, the lots are wider and there are no rentals in their homes. She expressed concern, however, that the homes further to the north are built on narrower lots; and many of them contain rental units. With the additional vehicles, more demands are placed on the on-street parking; and eliminating parking on one side of the street will only compound their problems. Ms. Lapeyre suggested that bike lanes be located on adjacent streets which do not carry such a heavy traffic load. She also proposed the possibility of creating a bike lane on the medians on South 8th Avenue. Ms. Christie Thane, 508 South 8th Avenue, stated that, as a teenager, she rides her . bicycle quite a bit. She noted that she just got her driver's license and now parks her car on the street because there is no place to park it on their property. She stated that children don't ride their bicycles in the street; they ride on the sidewalks. She noted that bicyclists can move around safely on the streets without bicycle lanes. She forwarded her opposition to removal of parking on one side of South 8th Avenue to accommodate a bike lane. 04-15~96 _______u__ -- .-. -----. ----. - 49 - Mrs. Beulah Uhl, 220 South 8th Avenue, stated she has lived there for forty years and cannot recall a single bicycle accident in that length of time. Mr. Ron Batchelor, 1621 South Willson Avenue, stated that to remove parking on one side of the street to allow for a bike lane will result in visibility problems for vehicles accessing . the street. He suggested that the linear park, which runs just behind his house, could serve as a safe alternative route for bicyclists. Ms. Bettyann Phillips, 217 South 8th Avenue, stated her opposition to the proposed bike path on South 8th Avenue because it would create an unsafe situation, particularly in the wintertime. Responding to Commissioner Youngman, Neighborhood Coordinator/Grantsperson James Goehrung stated that he is unsure whether the bike lane on South 8th Avenue will end at West Cleveland Street or West College Street, noting that he is awaiting an answer from representatives at Montana State University. Further responding to Commissioner Youngman, the Neighborhood Coordinator! Grantsperson stated that the bike lanes contained in this application were identified in the . updated transportation plan. He noted that they are located on major streets because those streets have few stop signs; and the concerns about hazards at intersections are minimized. Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing. Mayor Stueck stated he does not support bike lanes that result in the removal of on- street parking spaces. He stated that he does, however, support bike lanes, especially on new or improved streets, where they can be accommodated without impacting on-street parking. He also noted that if bicycle lanes could be installed on existing streets without removing parking spaces, he would support them. Commissioner Youngman stated that, as one who bicycles regularly, she recognizes how difficult it is to move safely around the community. She noted there is no way to provide bike lanes on existing streets without removing parking. She reminded the Commissioners that . streets are public rights-of-way; and their primarily purpose is to accommodate travel. She suggested that considerable thought be given to creative solutions to the problems that exist. She proposed that this item be placed on one of the upcoming work sessions, noting that discussion could result in identifying alternatives which everyone could support. 04-15-96 -- -------- .- --.. -.---.-------.- - 50 - Commissioner Youngman noted the design of West College Street between South Willson Avenue and South 8th Avenue is based on the driving lanes serving as shared facilities for both vehicles and bicycles. She suggested that the street be posted to remind both motorists and bicyclists that it is a designated bike route. . Commissioner Frost noted that the Commission has discussed this issue for the six years he has served as a Commissioner. He stated that if on-street parking is removed, then bicycle lanes can be provided, allowing for safer riding of bicycles on city streets; and if on-street parking is not removed, then bicycle lanes cannot be provided in the core of the community. He characterized himself as a recreational bicyclist, noting that he prefers to ride on the through streets instead of neighborhood streets when he does ride. He reminded the Commission that these bicycle lanes were included in the transportation plan update;- however, people resist the removal of on-street parking to allow for bicycle lanes whenever implementation of those lanes is discussed. Commissioner Stiff stated his support for bicycling, although he is concerned about giving up year round parking for a seasonal activity. He noted that if Bozeman's streets were . the width of the streets in Salt Lake City, then bike lanes could be easily provided. He cautioned that steps must be taken to improve the movement of traffic throughout the community. He expressed concern about removing parking from one side of the street to accommodate bicycle lanes, noting that people should not be required to cross the street when going to or from their vehicles. He suggested that bicycles should use the traffic lanes when traveling around town, noting that even when bicycle lanes are provided, the bicyclists seldom use them. Responding to Mayor Stueck, the Neighborhood Coordinator/Grantsperson stated the only bicycle/pedestrian corridor that has been previously proposed was along South 4th Avenue, which would have been an historic corridor closed to vehicles. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission not approve implementation of the core area bicycle lanes. 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. 04-1 5-96 - 51 - It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission authorize the posting of signs along West College Street, notifying motorists that the street is designed as a shared vehicle/bicycle facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost and . Mayor Stueck; those voting No being Commissioner Stiff and Commissioner Rudberg. (4) a combined project which includes entryway beautification along North 7th Avenue, entryway signs and East Main Street tree plantings Mayor Stueck opened the public hearing. Mr. Russell Johnson, 411 West Lamme Street, stated his support for beautification of North 7th Avenue, and encouraged the Commissioners to include sidewalks in those beautification efforts. He also indicated support for the planting of trees along East Main Street. No one was present to speak in opposition to the application. 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 submittal of the application for $202,873.00 in Community . Transportation Enhancement Project monies for a combined project which includes entryway beautification along North 7th Avenue, entryway signs and East Main Street tree plantings. 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. Adjournment - 10:05 D.m. 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. 04-1 5~96 - 52 - ( 9(f).? //J.L ,-,.~ DON E. STUECK, Mayor ATTEST: · r2~ 07' A~ ROBIN L. SULLIVAN Clerk of the Commission . . 04-1 5-96 .____u.____ ..--'---"