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HomeMy WebLinkAbout1994-11-07 ccm ." .. ..__'__~_' n.__ _. --......--- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 7, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 7, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Vincent deferred actioi' on the minutes of the regular meetings of September 6, September 12, September 19, September 26, October 3, October 10, October 17, October 24 . and October 31, 1994 to a later date. Continued preliminarv plat review - Annie Subdivision. Phase II - Roaer H. and Rosalind Smith - to subdivide 94.934 acres located in the NE% and SE%. Section 2. T2S. R5E. MPM. into five tracts for future subdivision/development (immediatelv west of Annie Subdivision. Phase I. alona north side of Durston) (P-9422) This was the time and place set for the continued review of the preliminary plat for Annie Subdivision, Phase II, as requested by Roger H. and Rosalind I. Smith under Application No. P-9422, under which a 94.934 acre tract located in the northeast one-quarter and the southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, would be divided into five large-acre tracts for future subdivision/development. The subject property is located along the north side of Durston Road, immediately west of Annie Subdivision, Phase I, the Brentwood Subdivision and the Emily Dickinson School. . Mayor Vincent reminded the Commission that the public hearing on this preliminary plat has been held, and that the Commission must base its decision on the staff report and the recommendations forwarded by the City-County Planning Board. 11-07-94 --..-..- - 2 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that the review of this preliminary plat was originally scheduled for June 20; however, it was continued at that time, at the applicant's request, so he could more carefully review the issue of waivers of right to protest the creation of certain special improvement districts, as recommended by the . Planning Board. She noted that the applicant has requested that the item now be placed on the agenda for action. The Assistant Planning Director highlighted the proposed subdivision. She stated that under this application, the subject 94-acre parcel is to be divided into five large tracts, which must then be subjected to subdivision or development review prior to any type of development occurring. She stated that the Smith's home is located along the south edge of Lot 1. She noted that a subdivision which contains five or less lots is subjected to a minor subdivision review; however, since a parkland dedication is involved, it must go through the major subdivision review process. She indicated that this application includes dedication of 18.512 acres of parkland for Rose Park, which is designed to become a regional park, as well as dedicating the existing easement for Oak Street and Annie Street. She indicated that since . additional subdivision or deveiopment processes must be pursued prior to development of any of the lots, no additional street rights of way are required at this time; and no water or sewer extensions will be required until a future process. The Assistant Planning Director stated that the Durston Meadows preliminary plat, which was recently approved by the Commission, is to be located on Lot 2 of this subdivision. She noted that the subject 94 acres is a part of the 243-acre Annie Annexation, which was annexed in 1984. She stated that, after annexation, a master plan amendment was approved which designates the property as "mixed use", allowing a variety of zoning districts and development. The Assistant Planning Director reminded the Commission that when Brentwood, Phase II, was approved, it was contingent upon receiving a parkland dedication from Mr. Smith or a . cash-in-lieu payment. Mr. Smith has agreed to dedicate the parkland; and this process is being utilized to obtain that dedication. Assistant Planning Director Arkell stated the subject property is zoned R-3, Residential-- Medium-density; and any future development must comply with that zoning designation or go through additional review processes. 11-07-94 -------.. ,.---... - 3 - The Assistant Planning Director stated that the City-County Planning conducted its public hearing on this preliminary plat on June 7, 1994. At that time, no members of the public were present. The Board reviewed the five criteria set forth in the Montana Code Annotated for subdivision review, considering the staff findings for each of those criteria which are . contained in the written staff report. She stated that, following that review, the Planning Board forwarded its recommendation for approval, subject to nine conditions. She noted that the Board also approved the applicant's request that the submittal of the environmental impact statement and a community impact statement not be required because those reviews were completed in conjunction with the annexation in 1984. Mr. Don White, attorney representing the applicant, stated he has been involved in the various processes for this property for the past twelve years. He noted that under this process, 94 acres of land is being subdivided into five large unimproved tracts; and additional subdivision and/or zoning processes will be required before development of those sites may occur. Responding to City Manager Wysocki, Mr. Don White stated that he is withdrawing his concerns about Condition No.7 now that he has had an adequate opportunity to review the . wording and impacts of the condition. Responding to questions from Mayor Vincent, City Attorney Luwe stated that staff will be responsible for ensuring that the final plat for this subdivision meets the conditions which are adopted by the Commission, noting that plat must be filed within three years of the Commission's approval. City Manager Wysocki noted that the final plat must be filed before any of the lots may be sold. Mayor Vincent asked about the timeframe for any development on these tracts, noting his concern hinges on the outcome of tomorrow's election and the impacts which development of this area will have on Durston Road if the bond issue is not approved. Mr. White responded that Durston Meadows Subdivision, which would be located on . Lot 2, has already been approved by the Commission; and that parcel could be developed within the next year or two. City Manager Wysocki reminded the Commission that improvements must be made to Durston Road, even if the bond issue does not pass, in light of existing conditions. He then suggested that should not be an issue when considering this application. 11-07-94 -.-. , = ..--...-- - 4 - It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the preliminary plat for Annie Subdivision, Phase II, as requested by Roger H. and Rosalind I. Smith under Application No. P-9422, under which a 94.934-acre tract located in the northeast one-quarter and the southeast one-quarter of Section 2, Township 2 . South, Range 5 East, Montana Principal Meridian, would be divided into five large-acre tracts for future subdivision/development, subject to the following conditions: 1. That the final plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. 2. The following notes shall be added to the plat: A. Due to the relatively high groundwater table within the subdivision, it not recommended that residences with full or daylight basements be constructed. B. No structure(s) may be built on any lot until water and sewer services are provided to the lot and until an adjoining public or private street is improved to access the lot. 3. That the County Weed Control Officer approve a Weed Control Plan for the subdivision, and a signed copy of the plan be submitted to the Planning Office prior to final plat approval. . 4. That the sanitary restrictions be lifted on Lots 1, 3, 4 and 5 unless provisions are made to restrict any construction on the lots until further platted. 5. That the final plat indicate the intended use of the property, and acreage of the subdivision, gross and net. All existing irrigation ditches (unless ditches are vacated by owner(s)) must also be shown. A 35~foot setback note shall be placed on the plat indicating that no construction can occur within 35-feet of the high water mark of the stream/ditch, and that five feet of that setback must remain in natural vegetation. A 10-foot maintenance easement shall be provided along both sides of all irrigation ditches. 6. That the street rights-of-way shown on the preliminary plat for Oak Street and Annie Street shall be dedicated to the City of Bozeman on the final plat, and the existing street easements on the north and west boundary shall be properly identified on the final plat. 7. The property owners shall provide and file with the County Clerk and Recorder's Office an executed waiver of right to protest creation of SID's (unless already filed on the property). The waivers shall specify that in the . event SID's are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, or combination thereof. Said waiver shall include the following improvements: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk and storm drainage. b. Signalization improvements at Durston and North 19th. 11-07-94 --- - ... --- u___ ".._.. ..___. .. - .. --- -.. _.. .__..._..__.______.____.. __.____. 'u_ __...__ ._._~..._- . ._m - -. - ...-.- ....-.. ..---.- - - 5 - c. Street improvements to Oak Street from North 19th westerly to the center line of Section 2, including paving, curb/gutter, sidewalk and storm drainage. d. Water main extension improvements for Oak Street from North 19th to the center line of Section 2. e. Park maintenance district(s). . Said waiver shall be a covenant running with the land and shall not expire. 8. That the park boundaries shall be delineated at the survey pins with 4-foot steel posts, prior to final plat approval. 9. That the developer shall have three years from the date of preliminary approval to complete the above mentioned conditions and apply for final plat approval. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State Statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period the Planning Director for the City Commission's consideration. Thereafter, the Commission may approve an extension for not more than one calendar year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Preliminary Dlat review - Greenway Subdivision - Mike Potter. p.e. Development - to subdivide 23.99 acres located in the NE~ , Section 11. T2S. R5E. MPM. into 83 residential lots for 108 dwellina units (south of Durston Road at Hunters Way) (P-9450) This was the time and place set for review of the preliminary plat for Greenway Subdivision, as requested by Mike Potter, P.C. Development, under Application No. P-9450, under which a 23.99-acre parcel located in the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 83 residential lots which will accommodate 108 dwelling units. The subject parcel is located along the south side of Durston Road at Hunters Way. Included in the Commissioners' packets was a letter from Mr. Potter, dated November . 2, requesting that this review be delayed for one week and providing the needed extension to the sixty-day review time to accommodate the delay. The City Manager recommended that the Commission accept this request and attendant time extension and delay consideration of the application for a period of one week. 11-07-94 - 6 - It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission continue consideration of this preliminary plat to next week's meeting, per applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. . Ordinance No. 1389 - adootina bv reference the latest editions of soecified technical codes, and orovidina for automatic adoDtion of all future editions of said codes UDon adoDtion bv the State of Montana Included in the Commissioners' packets was a copy of Ordinance No. 1389, as prepared by the City Attorney, entitled: ORDINANCE NO. 1389 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS 15.01.010 AND 15.01.020 RESPECTIVELY; BY REVISING SECTIONS 15.04.010, 15.05.010, 15.06.010, 15.07.010, 15.08.010, 15.12.010, 15.14.010, 15.16.010, 15.24.010, 15.30.010, AND BY REPEALING SECTIONS 15.05.020, 15.07.020, 15.08.200, 15.14.020, 15.20.150, 15.28.140 AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT; FURTHER PROVIDING FOR THE . ONGOING ADOPTION OF VARIOUS MODEL BUILDINGS, HOUSING AND TECHNICAL CODES AND THE ACCOMPANYING STATE ADMINISTRATIVE REGULATIONS, AND PROVIDING A PENALTY FOR VIOLATIONS. City Attorney Luwe stated that every time the State adopts a new technical code and amendments, the City must adopt the same code under its current system. He stated that this new ordinance provides for automatic adoption of the listed codes upon their adoption by the State, unless the City decides to opt out within the ninety-day period for local government response. He stated that the City of Billings has changed to this new process; and other Cities are currently in the process of making the conversion as well. He reminded the Commission that, for the City to enforce these codes within its jurisdictional area, it must adopt these model codes. Responding to Questions from the Commissioners, City Attorney Luwe stated that the . City must adopt these codes, or it loses the power to enforce their provisions and that power reverts back to the State. He further noted that the codes must be adopted as they were adopted by the State, with no ability to adopt anything less than the code adopted by the State. He also cautioned that, once the City adopts these codes, all provisions of the codes as adopted by the State must be enforced. 11-07-94 n_..__. ..__,. - 7 - It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission adopt Ordinance No. 1389 on first reading, adopting by reference the latest editions of specified technical codes, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Ordinance No. 1390 - amendina specified sections of Chapter 13 of the Bozeman Municipal Code to Drovide for revisina of the reauirements for the waste water pretreatment program Included in the Commissioners' packets was a copy of Ordinance No. 1390, as approved by the City Attorney, entitled: ORDINANCE NO. 1390 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 13.28.020, 13.28.040, 13.28.070, 13.28.130, 13.28.140, 13.28.150, 13.28.220, 13.28.230, 13.28.240, 13.28.250, 13.28.260, 13.28.270; BY RENUMBERING SECTIONS 13.28.280, 13.28.290, 13.28.316 TO SECTIONS 13.28.310, 13.28.320, 13.28.330, RESPECTIVELY; BY ADDING NEW SECTIONS TO BE NUMBERED 13.28.280, 13.28.310, . 13.28.320 AND 13.28.340; BY AMENDING RENUMBERED SECTION 13.28.310; PROVIDING FOR REVISION TO THE FOLLOWING: DEFINITIONS; DISCHARGE PROHIBITIONS; SAND AND GREASE TRAPS; BUILDING SEWER --INSPECTION REQUIREMENTS; CONNECTION TO PUBLIC SEWER REQUIRED WHEN; PRIVATE SEWAGE DISPOSAL FACILITIES -- RESTRICTIONS; ACCIDENTAL DISCHARGES- - NOTICE TO EMPLOYEES; WASTEWATER CLASSIFICATION SURVEY; INDUSTRIAL DISCHARGE PERMIT; MONITORING FACILITIES; SAMPLING AND ANAL YSIS; REPORTING REQUIREMENTS; PROVIDING' FOR AFFIRMATIVE DEFENSES; UPSETS; BYPASS; SUSPENSION AND REVOCATION OF PERMIT; AND CIVIL PENALTIES. City Attorney Luwe stated that the Environmental Protection Agency is requiring that local governments adopt this ordinance, which provides for revisions to the sewer pretreatment program. He then requested that the Commission adopt the ordinance, bringing the City into compliance with the EPA's requirements. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission adopt Ordinance No. 1390 on first reading, amending specified sections of Chapter 13, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 11 ~07-94 --' - 8 - Discussion - DroDosed schedule for revisina of recommendations forwarded bv Housing Task Force and adoDtion of those recommendations and Dolicies Included in the Commissioners' packets was a memo from Neighborhood Coordinator/ Grantsperson James Goehrung, dated November 2, 1994, with revisions to the Housing Task Force Recommendations and Policy Statement, based on the Commission's discussion at its . October 10 meeting. Neighborhood Coordinator Goehrung noted that he has also forwarded a proposed schedule for adoption of the recommendations forwarded by the Housing Task Force, as revised by the Commission. He asked if this schedule is satisfactory or if the Commission wishes to revise it. Responding to questions from Commissioner Stueck, the City Manager suggested that the Commission review this policy after two construction seasons, rather than after eighteen months. Commissioner Youngman noted that, based on the City Manager's suggestion, the language in 5b on Page 5 could be revised to read "Fall 1996"; the Commission concurred. The Commissioners then discussed the issue of reviewing this program annually. . Commissioner Youngman noted that, since the Commission must make an annual decision on budgeting of monies for the Community Housing Fund, she feels that it will be reviewed annually. City Manager Wysocki stressed the importance of implementing this type of policy by December, as proposed in the schedule, so that anyone planning a project for next spring can accommodate it in any proposal forwarded through the process. Commissioner Stiff stated that, in light of the federal programs that appear to be on the horizon, he does not anticipate that the City will be involved in this program in perpetuity. Commissioner Youngman noted that, no matter where the community has been in the building cycle over the past fifteen years, the shortage of low- and moderate-income housing . units has existed. She noted that, while the issue is currently being addressed through the HRDC project and the Interfaith Housing project, a total of 500 affordable units is needed to address existing needs. Responding to questions from Commissioner Youngman, Neighborhood Coordinator Goehrung stated that the membership of the COBG Loan Review Committee must be reviewed, 11-07-94 .. ..._..u _''''_...____...__.~".,,- ._...__..__.__._. _._.._ __.._.. _._._____ _.._.... n_... - 9 - to determine whether it is adequate or needs adjustment if that committee is to serve as the reviewing body for the Community Housing Fund. He noted that does not need to be addressed at this time, but needs to be addressed in conjunction with adoption of the policies. Responding to questions from Commissioner Stiff, the Neighborhood Coordinator stated that item 4d.D. on Page 5 pertains to loaning monies for first and last month's rent and deposit . for getting into an apartment, with those monies to be repaid over a period of time. He acknowledged that with the shortening of statements in the policy, some of the original intent has been lost. City Manager Wysocki suggested the language could be changed to read "Rental deposit assistance ..."; the Commission concurred. Commissioner Youngman asked about the possibility of changing the percentages of area median income for owner-occupied units, to either raise those percentages or provide a wider range. She noted that her preference is for widening the range. City Manager Wysocki cautioned that the range should not be higher than the cost of an average home. He suggested, however, that it should accommodate an $80,000 home, and . asked that staff be allowed the latitude needed to determine the percentages which would allow for that type of housing to be considered; the Commission concurred. City Manager Wysocki suggested that the Commission set a work session with representatives from the building community and the Housing Task Force to review the revised policy for next Monday evening from 7:30 to 9:00 p.m., in preparation for the public hearing on November 28; the Commission concurred. Continued discussion - reauests for being Dlaced on a list for mailing/faxing of aaendas for weeklv Commission meetinas City Manager Wysocki distributed a memo, dated November 7, to the Commissioners which provides some estimated costs of mailing agendas and support information to those who request the service. He noted that this item has been placed on the agenda as a result of . recent requests that notices regarding all types of land use issues and environmental issues be mailed to various special interest groups. He stated his primary concern was that these requests could soon create a significant impact on staff and would cost a substantial amount of money; and the memo he prepared seems to indicate that is exactly what would occur. He 11-07-94 .--.----...--....- -.. ...--..---- - - 10 - noted that the Assistant City Manager has also indicated that at least four more boards should have been included on the list. The City Manager also expressed concern that, since the agendas are not ready until Friday afternoon, the people would receive this information at approximately the same that they would see the published Commission agenda in Sunday's edition of the Bozeman Daily . Chronicle. He cautioned the Commission that Clerk of the Commission Sullivan and the clerical staff at the Planning office would incur the additional workload that preparing additional agendas and support information would cause; and neither office can afford that addition. Commissioner Stiff noted the Commission has appropriated a substantial amount of money to print the agenda in the newspaper on a weekly basis; and he feels that is a service that should be retained. He stated that, with the difficulty which Clerk of the Commission Sullivan has in completing the agenda and the packets on some Fridays, he does not feel it is appropriate to add to the problem. Responding to Mayor Vincent, the City Manager stated that the agendas for the Development Review Committee, Design Review Board and City-County Planning Board are . available at the Planning Office on Friday afternoons before those Tuesday meetings. The City Manager cautioned the Commission that he does not want to encourage the mailing of agendas or packets of information to specific groups. Commissioner Youngman suggested that an additional packet be prepared and that it be placed at the Bozeman Public Library for review by any interested persons. Anyone who wants copies could then make those copies on the machine available at the Library. She noted that agendas for the Board of Adjustment, Design Review Board and City-County Planning Board could be placed at the Library desk as well. Commissioner Frost stated support for this proposal, stating he feels it will provide an additional source of information. He then proposed that, with the new telephone system, an informational mailbox be established for the agendas for the upcoming meetings. . Following a brief discussion, the Commissioners concurred that it would be appropriate to place the agenda and support information at the Library desk for review and that an informational mailbox be established in lieu of sending agendas to various groups. 11-07-94 --. ---- - - ---.-------------..-..... - 11 - Discussion - schedulina of Commission meetings around Christmas and New Year's holidavs Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated November 4, listing the regularly scheduled meetings for the end of the year. City Manager Wysocki noted that, in the past three or four years, the Commission has . chosen to eliminate one of the meetings at the end of the year. Following a brief discussion, the Commissioners concurred it would be appropriate to eliminate the December 27 meeting. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission not hold a meeting on Tuesday, December 27, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (1 ) Memo from Clerk of the Commission Sullivan, dated November 4, listing the monies which have been committed from the City Commission's "other" line item for board requests. (2) Letter from Mr. Frank Harrington, 3125 West Babcock Street, dated November 1, suggesting that a City-initiated annexation process be undertaken for that portion of County Zoning District No.1 lying between Durston Road and West Babcock Street. Commissioner Stiff asked if staff will provide a response to this proposal. The City Manager responded that staff will be meeting with Mr. Rick Kerin, Kerin and Associates, on November 10 to discuss the design of West Babcock Street. He also noted that the City Attorney and the County Attorney will be submitted the question of right-of-way for this street to the court system as soon as possible. . Further responding to Commissioner Stiff, the City Manager stated it is possible for the City to initiate an annexation, although this City has not done it for at least several years. He cautioned that this could generate some strong opposition and criticism from some of the residents in that area; and the Commission must be prepared to deal with that opposition if it wishes to move forward with this type of action. 11-07-94 - 12 - (3) Copy of the November membership bulletin from the Montana League of Cities and Towns, regarding CI-66 and CI-67. (4) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, November 10, in the Commission Room. . (5) Copy of a letter from City Attorney Luwe to County Attorney Salvagni, dated November 7, regarding the status of the West Babcock Street right-of-way. (6) Note from Charlotte Trolinger, 530 North Montana Avenue, dated November 4, encouraging the Commissioners to consider promotion of a joint mass transit with MSU and other mechanisms of promoting less traffic in lieu of spending $5 million on improving the road system. (7) The City Manager submitted his weekly report, as follows. (1) Announced that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, November 9, at the Baxter. (2) Reported on the findings of the evaluation of the Waste Water Treatment Plant. He noted that a portion of the plant is at 58 percent capacity while another portion is at 90 percent capacity. He cautioned that expansion of the capacity of that portion of the plant will be quite . expensive; however, it may be possible to obtain low-interest monies. He then indicated that with expansion of the portion which is near capacity, including the infiltration ponds, the plant could serve the City for another ten to fifteen years. (3) Met with Montana Ambassadors about business retention and expansion. Under this program, existing businesses will be visited in an effort to encourage them to remain and possibly expand in their present locations. (4) Announced that the Transportation Coordinating Committee met last week. Items of discussion included the possibility of providing monies for the MSU Bobcat bus operation and a review of traffic problems, such as the intersections of North 7th Avenue with Griffin Drive and Baxter Lane, and the extension of Oak Street. (5) Announced that the men who committed the armed robbery on Saturday are now in custody out of state. (6) Announced that the Parking Commission met last week; and their next meeting is scheduled for December 8. He noted that . discussion included the possibility of an automatic ticket writing system, similar to the one being utilized at MSU. (7) Stated that Tom Wold, Assistant Superintendent of Streets/Sanitation, was transported to the hospital from the landfill, where he was found slumped over the steering wheel. A pace maker has been installed; and he seems to be recovering. 11-07-94 ...._______.___._._____._ n__._ - 13 - (8) Commissioner Youngman submitted the following. (1) Attended a portion of the TCC meeting. She noted that one of the items discussed at that meeting was the possibility of publicizing the MSU transit system, which is available to the public. She stated that if this results in more use, the possibility of expanding the bus system could be considered. (2) Gave . presentations to high school government classes last week. She noted that one of the best ways to get young people involved in local government is to appoint them to advisory boards in which they may be interested, such as the Parks and Recreation Advisory Board. She asked the Commissioners to consider this possibility in the upcoming appointment process. (9) Commissioner Stiff submitted the following. (1) Announced that on Thursday, he and City Manager Wysocki made a presentation on the bond issue to the members of the Senior Center. (2) Attended his first City-County Health Board meeting last week. He noted the Board is working on an air quality program. (3) Attended the Senior Center Advisory Board meeting on Friday. (10) Commissioner Frost asked the City Manager to talk to the Planning Director about the support information which is to be included in the Commissioners' packets. He noted that . with the recent turn-over in staff, the Commissioners are not receiving all of the support information; and that makes it difficult to make a decision. (11 ) Commissioner Stueck submitted the following. (1) Distributed copies of information he received today regarding the impact fees being proposed in Kalispell. He noted that the proposed impact fees for the sewer collection and treatment systems would be $72,000 for a commercial lot under this proposal. (2) Asked if he may speak on behalf of the applicant in the hearing before the Board of Adjustment on Thursday. The City Attorney responded that he must research the issue prior to responding. (3) Stated he has asked the City Attorney to research the possibility of entering into some type of interlocal agreement under which the City Manager and the County Commission would have some authority to supervise the Planning Director and his activities. He noted that at the present time, the City- . County Planning Board has exclusive authority to hire and fire and supervise the Planning Director and Assistant Planning Director. He suggested that a change in the supervisory authority could serve the City and the County well. He then indicated that he will ask to have this item placed on the agenda for discussion when the City Attorney has completed his research. 11-07-94 - 14 - (12) City Attorney Luwe stated that most of his time has been spent on litigation matters this past week. (13) Clerk of the Commission Sullivan submitted the following. (1) Briefly reviewed the agenda for next week's meeting. (2) Stated that new telephone system is basically . working, with a few problems being encountered. She noted that this conversion has taken an extensive amount of her time this past week. (14) Mayor Vincent submitted the following. (1) Stated that he and City Manager Wysocki gave an abbreviated presentation on the bond issue to the Sunrise Rotary Club. (2) Stated he is surprised by the number of people who have commented in favor of photo radar as a result of his guest editorial for the "We Share the Road" campaign. He then suggested that the City may wish to more seriously consider this alternative. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3028 - amending the fee for cash-in- lieu Davment oDtion for off-street parking reauirements in the downtown area . from $2.000 to $3.000 Der SDace COMMISSION RESOLUTION NO. 3028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE FOR THE CASH-IN-LlEU PAYMENT OPTION TO THE OFF-STREET PARKING REQUIREMENT UNDER SECTION 18.50.120 OFTHE BOZEMAN MUNICIPAL CODE BY INCREASING THE FEE FROM $2,000 TO $3,000 PER PARKING SPACE. Commission Resolution No. 3029 - sUDDorting Historic Preservation Office aDDlication in the Great American Main Street Awards comDetition COMMISSION RESOLUTION NO. 3029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SUPPORTING ENTRY INTO THE GREAT AMERICAN MAIN STREET AWARDS COMPETITION. Authorize City Manaaer to sign - Easement Agreement between the City and TCI Cablevision - easement across a Dortion of Hvalite View Park Ivina . between 1402 Hollv Drive and 1336 Hollv Drive Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 11-07-94 ~ -.---- - 15 - vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Recess - 4:40 D.m. . Mayor Vincent declared a recess at 4:40 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Conditional Use Permit - Rvan Restaurant Corporation and Andrew ShaDiro - allow construction of a 6,486-sauare-foot structure for restaurant and bar on an artificial lot in Lots 1-5. Block 2. Westlake's Second. and a Dortion of Block 4. Westlake's Fourth Subdivision {in Darkina lot at 1126 North 7th Avenue} (Z-94110) This was the time and place set for the public hearing on the Conditional Use Permit requested by Ryan Restaurant Corporation and Andrew Shapiro, under Application No. Z- . 94110, to allow the construction of a 6,486-square foot restaurant and bar on an artificial lot located in Lots 1 through 5, Block 2, Westlake's Second Addition, and a portion of Block 4, Westlake's Fourth Subdivision. The subject site is more commonly located in the K~Mart parking lot at 1126 North 7th Avenue. Mayor Vincent opened the pUblic hearing. Associate Planner Dale Beland presented the staff report. He stated that the proposed restaurant and bar is to be located in the southwest corner of the existing K-Mart parking lot. The structure is to be a single-story structure, from a stock drawing used by the Applebee's chain. The Assistant Planner stated that, since the subject site is located in the North 7th . Avenue entryway overlay corridor, the Design Review Board has reviewed this application and submitted some recommended conditions to ensure that this structure meets the design objective plans. He noted that staff has also reviewed this application in light of the six criteria set forth for review of conditional use permits; and those findings are contained in the written 11-07-94 - 16 - staff report. He briefly reviewed each of those findings, concluding that staff has found this application to be in general compliance with most of those criteria. Commissioner Frost noted surprise that there was no discussion before the City- County Planning Board regarding the need for a sidewalk along West Hemlock Street, . particularly since the installation of sidewalks is generally required in conjunction with this type of new development. He then Indicated his Intent to recommend that such a condition be added. He also noted concern that the standard condition pertaining to lighting is not included, to ensure that no misunderstandings arise, particularly since the lighting fixtures shown on the site plans do not comply with the code requirements because the lens protrudes below the shield. Responding to questions from Commissioner Frost, Associate Planner Beland stated that the "fingers" of landscaping shown in the plan are not wide enough; and a condition has been included which sets the minimum width for those strips of landscaping. Mr. Charles Fox, 1115 North 8th Avenue, stated he lives one block west of the proposed restaurant. He noted that at the Planning Board hearing on this application, he raised . a question about the increased traffic in the K-Mart parking lot which will be generated by this restaurant and bar. He noted that, in light of his concern about the difficulty which pedestrians currently encounter when trying to cross North 7th Avenue at Birch Street, he suggested at the Planning Board meeting that a pedestrian crosswalk be painted and that pedestrian crossing signs be posted. He stated that he has crossed North 7th Avenue at this location several times over the past few years, encountering several narrow misses. He was startled last week when the cars actually stopped for him to cross the street. Mr. Fox recognized that, with the current traffic lights on North 7th Avenue at West Oak Street and Durston Road, it is not realistic to expect a traffic signal at this location as well. He noted, however, that a restaurant located on the east side of the street could attract people from the motels on the west side of the street. He expressed concern that the additional . pedestrian traffic and the additional vehicle traffic created by this business could create even more dramatic problems than those which currently exist. Mr. Frank Schledorn, 1208 North 8th Avenue, stated that traffic is often backed up past the driveway to the K-Mart parking lot when the traffic signal at North 7th Avenue and West Oak Street is red. He expressed concern that, with the amount of traffic which is 11-07-94 - 17 - beginning to develop in this area, some additional steps will need to be taken to ensure better traffic circulation. Commissioner Frost questioned whether the City can require that crosswalks be painted on a State highway. Associate Planner Beland responded that, as a result of the concerns expressed about . pedestrian safety and accessibility before the Planning Board. a meeting has been set between members of the Planning staff and representatives from the Montana Department of Transportation to discuss this issue. He noted that the Department of Transportation is planning to complete some improvements along North 7th Avenue over the next several months and, hopefully, the Planning staff will be able to make them aware of these concerns about safety. He noted that, because of jurisdictional constraints, in this instance, the City can only bring their concerns to the State's attention rather than requiring that the improvements be made. Commissioner Youngman suggested that the Commission lend its support to staff's efforts with the State Department of Transportation, in addition to the Planning Board's . support. Responding to questions from Commissioner Youngman, Associate Planner Beland stated that staff plans to address the North 7th Avenue corridor, rather than just specific locations, with the Montana Department of Transportation. Since there were no Commissioners objections, Mayor Vincent closed the public hearing. Some of the Commissioners indicated a lack of support for waiving the customary one-week waiting period for land use decisions, so the Mayor requested that the decision be placed on next week's agenda. Public hearing - appeal of Development Review Committee's conditional approval of minor site plan - Richard and Jill Brauss. Soccer Shop - appealing four conditions of approval relatina to . lot boundaries. sidewalk. closina of the easternmost curb cut and providina proper storm drainage detention facilities on site - portion of Block 25. Northern Pacific Addition ( 1325 East Main Street) (Z-94102) This was the time and place set for the public hearing on the appeal of four conditions set forth in the Development Review Commission's conditional approval of the minor site plan for the Soccer Shop, under Application No. Z-94102, located on a portion of Block 25, 11-07-94 --.---- - 18 ~ Northern Pacific Addition. The subject parcel is more commonly located at 1325 East Main Street. Assistant Planning Director Debbie Arkell presented the staff report. She cautioned the Commission that, since this is an appeal, its decision must be based on the information contained in the packet, which is the record of the Development Review Committee's review . and decision. She stated that the minor site plan is to allow the re-use of the existing building at 1325 East Main Street, which is an old gasoline station, for a retail sales. She noted that the Planning staff had advised the former owner of the property that, since the existing building had been vacant for over two years, a site plan review would be required for any re-use of the site. She stated that the Development Review Committee conducted reviews of the minor site plan at its meetings of August 16 and August 23. The final review was scheduled for August 29; however, due to discrepancies on the site plan, the final review was delayed to September 6. The Assistant Planning Director provided a brief background of the site. She noted that the service station was constructed on the site in the 1970's; and in the late 1980's, it . was converted to a convenience store and gas pumps. In an effort to promote re-use of the building, in 1993, the former owner re-sided the building an put in new windows. The Assistant Planning Director stated that the Soccer Shop has been located in this structure since Spring 1994. A cease and desist order has not been issued because the owners of the Soccer Shop have been willing to work with staff during this site plan review. She stated that during its review, the DRC considered input from the State Department of Transportation as well as from various City departments. She stated that no written comment was received from the public; and no one was present during any of the reviews. The Assistant Planning Director stated that on September 6, after conducting its reviews and considering the comments forwarded by various staff members and the Montana Department of Transportation, the Development Review Committee voted to approve the . application, subject to ten conditions. On September 9, the applicant filed an intent to appeal; and on September 13, the documented appeal was filed in accordance with code requirements. Assistant Planning Director Arkell briefly highlighted the characteristics of the site, after which she reviewed the appeal. The applicant, Western Soccer Service, Inc., has appealed the following conditions: 11-07-94 . 19 - 1. The final site plan must be redrawn showing the correct property boundaries. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the DRC shall be submitted for review and approval by the Planning Director within three (3) months of the date of DRC approval. 2. A 5-foot wide sidewalk must be constructed along the entire East Main frontage of the site, preferably as a boulevard walk. The . sidewalk shall be located in the right-of-way, and shall line up with the existing sidewalk to the west. The final site plan shall show the location of the sidewalk, with the location to be approved by the City of Bozeman prior to installation, via the issuance of a sidewalk permit from the City Engineering Department. The sidewalk may, if necessary, curve around existing vegetation. 3. The easternmost curb cut must be closed, with the construction done in accordance with applicable State Department of Transportation and City of Bozeman specifications. A minimum 1 5-foot landscaped area (to match existing) shall be installed from the eastern edge of the existing middle access to the east property line. Adequate curb shall be installed for landscape protection. At a minimum, two large canopy trees shall be planted in the boulevard of this new landscape area, between the street curb and the sidewalk. The final site plan shall reflect the closure and landscape improvements, including all landscape species and sizes. 4. Storm drainage detention must be provided on-site, in accordance with an engineered plan prepared by the applicant's engineer and . submitted to the City Engineer for approval, prior to final site plan approval. Assistant Planning Director Arkell forwarded the applicant's appeal to each of these conditions, as follows: 1. The appellant's documented appeal stated that "City maps and detailed information from Security Title Company have already been submitted to the DRC as part of the required documents for review and were accepted as submitted. There should be no necessity to resubmit this information." The Assistant Planning Director noted that staff research has revealed that the property line is actually 20% feet north of the East Main Street curb, rather than in the location shown on the site plan. With this adjustment, all of the front yard landscaping is actually located in the East Main Street right-of-way. . 2. The appellant's documented appeal stated that "installation of a sidewalk on this property would serve no purpose, either aesthetica Ily or functionally (as) foot traffic is virtually nonexistent. " The appellants further suggest that there is no property to the east which could realistically need or accommodate a sidewalk in the future. The Assistant Planning Director stated that, while staff has indicated a preference for a boulevard sidewalk, it has also indicated that a curb sidewalk would be acceptable. She then 11-07-94 -------- -- - 20 - reminded the Commission that this is a standard condition, and complies with their sidewalk policy. 3. The appellant's documented appeal stated that "If this drive was approved when originally constructed, why is it now not in compliance? This portion of the property is State-owned. If they have, indeed determined that it should be closed, where is their . responsibility for doing so?" The Assistant Planning Director noted that there are currently three 44-foot-wide accesses to the subject site, which has a 250-foot frontage along East Main Street. Both the City's Director of Public Service and the Montana Department of Transportation have determined that the continued use of these accesses, as configured, would constitute an unsafe or hazardous condition. She further noted that the zone code limits the distance between drive accesses on an arterial street to 150 feet, with a 1 DO-foot minimum; and these accesses are only 60 feet apart. 4. The appellant's documented appeal stated that the "property directly adjacent to the west has sloped paving to drain water to the rear of the property into the Story Ditch. Similar method is feasible with our property and could be accomplished when lot is paved. We are willing to comply in a similar manner as the property to the west." . Assistant Planning Director Arkell noted that the adjacent property to the west, which is Rocky Mountain Timberlands, submitted a storm drainage plan and calculations prepared by a consulting engineer, which was accepted by the City Engineer prior to its installation. Responding to Commissioner Frost, the Assistant Planning Director stated that the stormwater design approved for Rocky Mountain Timberlands includes a water detention area on site; and the improvements have been installed in accordance with the plans submitted to and approved by the City Engineer. City Attorney Luwe cautioned the Commission that, under No.4, the appellant is asking the Commission to waive a code requirements. He noted that to overturn the Development Review Committee decision would be contrary to the Bozeman Municipal Code . and State statute because a variance is required to waive a code requirement; and this is not an application for variance. Mr. Rick Plante, one of the owners of The Soccer Shop, addressed each of the four items which have been appealed. He stated that the previous owner did not inform them of the changes that would be required to the site under any re-use of the site. He further noted 11-07-94 - 21 - that this business has been relocated from 1221 Elk Lane, and it was through their application for a change of address on an existing business that the entire review process began. Mr. Plante stated that they are withdrawing their appeal of Condition No.1, since they now understand the concerns which staff had about the inaccurate depiction of the . boundaries of the site. He indicated they have no problem with showing the proper boundary line on their new plans. Mr. Plante then addressed the issue of the sidewalk, stated they do not feel this requirement is appropriate. He noted that the businesses located in this area are not the type of business that people walk to, rather, they are the type that people drive to. He suggested that, if the City wishes to require sidewalks be installed, they be allowed to install their sidewalks at the same time as everyone else in that immediate area is required to install sidewalks. He suggested this would be a much more practical situation than requiring just one business to install sidewalks immediately. He also noted that, with 250 feet of frontage, the costs of installing a sidewalk now would be prohibitive for this small business, which is trying to support two families. . Mr. Plante stated that one of the reasons they purchased this property is because it has three accesses. He noted that, in purchasing this site, they have considered the possibility of constructing another building on the east end of the parcel; and it would be serviced by one of the existing accesses. He stated that, in the meantime, they would prefer to have the curb cuts remain open. He requested that if the access is to be closed, they be allowed to do so with posts and chains, so that it can be used at a later date if the property is divided, in lieu of the proposed requirement to close the curb cut with new curbing and landscaping. Mr. Plante then stated they would like to do the same type of storm drainage as the property immediately to the west. He indicated that, with the natural slope to the back of the property, he feels that to allow stormwater to drain off the back of the property and into the Story Mill Ditch could be easily accomplished, particularly since their back property line is . adjacent to the ditch. He noted his preference for allowing the stormwater run~off to enter the ditch, rather than installing a detention or retention pond on site. Mr. Rick Plante requested that, if the Commission determines that they must install the improvements as set forth by the Development Review Committee, they be given an extension. He noted that the business supports two households, and the improvements will 11-07-94 --- - - 22 . cost an estimated $20,000. He indicated that an extension of nine months, which would allow them eighteen months to complete the improvements, would help to spread the financial burden that this will create on the business, thus helping them to keep the business open. He also asked that they not be required to provide the financial security for the improvements, . which is to be in the amount of 1 Y, times the estimated cost of improvements, but that their word be accepted. Responding to Commissioner Stueck, Mr. Plante stated his $20,000 estimate is for all of the improvements which were required by the DRC, not just the ones which they are appealing. Responding to Commissioner Stiff, Mr. Plante stated that the property is probably 80 feet deep, before it drops over the edge of the hill. Assistant Planning Director Arkell informed the Commission that Rocky Mountain Timberlands has installed a detention pond at the back of the building. She noted that the runoff from the roof and the paved area is cleansed through that grassed area, and then runs into the ditch. She cautioned that this is the type of system that would be required for The . Soccer Shop as well, if that is the route they wish to pursue. She further cautioned that if the Story Mill Ditch is not on or adjacent to this parcel, an easement will be required. Mr. Rich Brauss, co-owner of the business, asked how big the retention pond must be for this site, particularly in light of the limited size of this parcel. He also asked about the possibility of allowing the water to enter the storm drainage system in the street rather than being retained on site or entering the Story Mill Ditch. Assistant Planning Director Arkell responded that a scientific mathematical formula is used to calculate the size of the retention pond which is required for a particular site. She noted, however, that there is probably adequate space, either at the back of the lot or possibly in the front landscaped area, to accommodate the pond. She indicated that, if there is a storm drain in the street, it would be possible to release the water to that system after it has been . appropriately cleansed through an on-site retention system approved by the City Engineer. Responding to questions from Commissioner Stueck, Assistant Planning Director Arkell stated that any alternative closure of the curb cut along East Main Street must be approved by the Montana Department of Transportation. 11-07-94 - 23 - Responding to questions from Commissioner Youngman, the Assistant Planning Director stated that the standard conditions require that improvements be installed within nine months of occupancy/and that the attendant improvements agreement be secured by a financial guarantee. She stated that, administratively, the Planning Director has granted an . extension in some instances, on a case-by-case basis. She noted, however, that in all cases, a financial guarantee is required. Further respondingto Commissioner Youngman, the Assistant Planning Director stated that the Montana Department of Transportation has determined that the three accesses onto this property represent an unsafe condition that must be remedied. Since there were no Commissioners objections, Mayor Vincent closed the public hearing. Some of the Commissioners asked that the customary one-week waiting period for land use decisions not be waived, allowing them time to talk to staff about some of the issues which have been raised. In light of that request, Mayor Vincent requested that the decision be placed on next week's agenda. . Public hearing - Ordinance No. 1391 - requested annexation of the 1500 block of South Third Avenue into the MSU Parking District This was the time and place set for the public hearing on proposed Ordinance No. 1391, as approved by the City Attorney, entitled: ORDINANCE NO. 1391 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODe BY AMENDING SECTION 10.32.395.A., PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M. OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. Mayor Vincent opened the public hearing. . Assistant City Manager Ron Brey presented the staff report, beginning with an overview for this public hearing as well as the subsequent public hearings. He stated that immediately after the MSU Residential Parking District was created in August 1994, staff received several inquiries from residents just outside the perimeter of the district about annexation into the district. At that time, staff encouraged those people to wait a while to see 11-07-94 n_ .. __._.__ ___._.. ____ ~ 24 ~ if the problems they were experiencing were short-lived or if they would continue. Residents in three specific areas have identified a continuing problem and are currently seeking annexation into the district. Since the reasons for the requests and the surrounding circumstances are significantly different, he is forwarding those requests in three separate ordinances for . consideration, rather than as a single package. The Assistant City Manager stated that this specific request is for annexation of the 1500 block of South Third Avenue into the district. This block is located between the West Lincoln Street right-of-way, which is unimproved in that area, and the intersection of South Third Avenue, South Grand Avenue and Greek Way. He stated that, as a result of creating the parking district, commuter traffic has been pushed onto this street. A review of the Polk directory indicates there are five residences along the east side of the street; and all of those properties are represented on the petition for annexation. The west side of the street is adjacent to undeveloped MSU property; and those block faces have been exempted from the district. Staff has identified ten to twelve parking spaces along the east side of the street and seventeen to nineteen parking spaces on the west side of the street; and traffic counts taken . at random times during the day reveal that parking is at or near capacity most of the time. The Assistant City Manager stated that the Director of Facilities Services at MSU has indicated that a parking lot containing 80 spaces, located south of the Physical Plant on the South 5th Avenue alignment, is to be completed and ready for occupancy on November 15. He noted that at this time, it is not known has that will alleviate the parking problems on South Third Avenue. The Assistant City Manager noted that, as a result of conversations with the Director of Facilities Services at MSU, staff suggests that a two-hour time limit be established along the west side of the 1500 block of South Third Avenue. He noted that this will allow for the continued exemption of street frontages along MSU from the district while eliminating the possibility of all day commuter parking. . Assistant City Manager Brey briefly reviewed the criteria that must be addressed when considering the inclusion of a street within the parking district, noting they are contained in the ordinance annexing those streets. Responding to Mayor Vincent, the Assistant City Manager stated that if the proposed two-hour parking is implemented, the City will be responsible for its enforcement. 11-07-94 - 25 - Ms. Cynthia Luebbe, 1524 South Third Avenue, stated that while she carried the petition, she is not sure whether she is in favor of or in opposition to inclusion in the district. She stated that, while she supports including the entire block, both sides of the street, in the district, she is concerned about the impacts that two-hour parking on the west side of the . street may have on the neighborhood. She noted that the two-hour parking could result in more drive-by traffic, possibly moving faster than desirable. Ms. Liahna Babener, 1424 South Third Avenue, stated she is in the district and strongly supports its extension. She suggested that, rather than ending at the intersection with South Grand Avenue and Greek Way, the district should be extended to Kagy Boulevard. She stated that its current terminus at the West Lincoln Street right-of-way creates confusion because it is not a readily identifiable boundary. She then submitted pictures of that right-of~ way and the parking on South Third Avenue to the Commission, depicting her concerns. Ms. Babener noted that when the MSU Residential Parking District was initially created, she was concerned that the problem of parking congestion would simply be transferred rather than solved; and that appears to be what is occurring. She then stated her strong . opposition to the proposed two-hour parking along the west side of the 1500 block of South Third Avenue, stating that will result in more problems than it will solve because people will then begin to cruise that area for open parking spaces. She cautioned the Commission that is against the purposes of creating a residential parking district. Ms. Nancy Otto, 826 South Third Avenue, stated she is preparing to submit a fourth petition for annexation into the district. She noted with sadness that the City and its residents are dealing with MSU problems; and they are simply pushing the problem further out into the community. She expressed concern that the proposed two*hour parking will result in students simply switching cars around rather than moving them, thus creating more traffic for the neighborhood. She then asked how much the parking stickers for the new parking lot will cost and who will be eligible to park there. . Assistant City Manager Brey addressed the rationale behind the proposal to implement a two-hour parking limit along the west side of the street, noting that is where the majority of the congestion is located; and the bulk of that traffic is created by commuters. He stated that to include the west side of the street in the district would be contrary to the manner in which 11-07-94 - 26 - all other MSU frontages have been handled. He noted that its inclusion would raise questions about how requests for parking permits from residents of MSU would be handled. The Assistant City Manager stated that the parking lot south of the Physical Plant will be open to those with Sand B parking stickers; and the cost will be $60. The Assistant City Manager stated that, while he recognizes the logic of extending . the district to Kagy Boulevard. the Commission has not initiated the district or any extensions. He noted that, since this district places a financial impact on those within the district, it is important they be the ones to initiate the action. He then cautioned that, by extending the district too far, there is a potential for people to still park on its perimeter and then either ride with someone else into the district or ride a bicycle onto campus. Responding to Mayor Vincent, City Attorney Luwe stated he must research the issue of whether the Commission could change the two-hour parking along the west side of South Third Avenue to inclusion in the parking district if it proves unsuccessful over the next few months. Mayor Vincent closed the public hearing. . Mayor Vincent stated that. while his preference would be to include the west side of the 1500 block of South Third Avenue in the district, he supports the staff's recommendation to make it a two-hour parking limit in light of the questions about the legality of its inclusion in the district. He suggested that if this does not prove successful, the Commission may revisit the issue in the future. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission adopt Ordinance No. 1391 on first reading, annexing the east side of the 1500 block of South Third Avenue into the MSU Neighborhood Parking District, and that it be brought back in two weeks for final adoption, with a two-hour restriction to be placed on parking along the west side of the block. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, . Commissioner Stiff and Mayor Vincent; those voting No, none. Public hearing - Ordinance No. 1392 - reauested annexation of the 1500 block of South Grand Avenue into the MSU Parkina District This was the time and place set for the public hearing on proposed Ordinance No. 11-07-94 - -- - 27 - 1392, as approved by the City Attorney, entitled: ORDINANCE NO. 1392 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 1 O.32.395.A., PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED . WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M. OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. Mayor Vincent opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He noted that this request is for inclusion of the 1500 block of South Grand Avenue, which is one block east of the street considered in the previous public hearing, into the MSU Residential Parking District. He stated that, although it is not written anywhere, one of the petitioners indicated to him that this petition hinged upon the inclusion of the 1500 block of South Third Avenue in the district. The Assistant City Manager reminded the Commission that this street curves to meet South Third Avenue. As a result of reviewing the Polk directory, staff has identified thirteen residential properties along the street; and all of those properties are represented on the petition . for inclusion in the district. While this block does not currently encounter any parking congestion, the residents are concerned that this quiet street will be negatively impacted if it is not added in conjunction with the block of South Third Avenue which was considered in the previous public hearing. Mr. Phil Sandquist, 1503 South Grand Avenue, stated his property is on the corner of South Grand Avenue and the West Lincoln Street right-of-way. He expressed concern that if this block is not included in the parking district, additional traffic will begin to use the street, resulting in traffic problems and traffic hazards that do not presently exist. Mr. Sandquist stated that he recognizes this is not a solution to the problem, it is simply moving the problem over to the next block. He stated that he has been monitoring the . on-street parking in this block, and he has noticed four vehicles parked there which do not belong to the neighborhood. He noted that MSU is an important element in the community; and he feels that long-term planning would help to solve the problems that this area is encountering. 11-07-94 -. """,," _. ...---- - 28 - Mr. Billy McWilliams, 1513 South Grand Avenue, stated he feels it is important to include their block in the district, to avoid potential problems. Mr. George Kingma, 1504 South Grand Avenue, asked if this extension will include the unimproved West Lincoln Street right-of-way. He noted that at the present time, there are trailers and cars parked in the right-of-way for six months or more at a time. e Mr. Jeff Rupp, 1 542 South Grand A venue, stated he lives at the corner of South Third Avenue and South Grand Avenue. He stated support for inclusion in the district, stating he feels it is the only solution. He recognized, however, that this will simply push the problem into another part of the community. Assistant City Manager Brey stated that, through a Commission Resolution, the unimproved Lincoln Street right-of-way in this immediate area has been provided for private use, although it has not been vacated. He stated that the ordinance, as drafted, would include the West Lincoln Street right-of-way between South Third Avenue and South Grand Avenue, but not that portion of West Lincoln Street right-of-way between South Grand Avenue and South Willson Avenue. He then indicated that he will research this issue to determine the . actual rights-of-way for that street. . Mayor Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission adopt Ordinance No. 1392 on first reading, annexing the 1500 block of South Grand Avenue into the MSU Neighborhood Parking District, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Public hearina - Ordinance No. 1393 - reauested annexation of South 13th Avenue from Dickerson Street to Alderson Street and West Alderson Street from South 13th Avenue to South 14th Avenue into the MSU Parking District . This was the time and place set for the public hearing on proposed Ordinance No. 1393, as approved by the City Attorney, entitled: ORDINANCE NO. 1393 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.395.A., PERTAINING TO THE AREA DESIGNATED AS THE 11-07-94 - 29 - MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M. OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. Mayor Vincent opened the public hearing. ~ Assistant City Manager Brey stated that this requested annexation includes the 600 - block of South 13th Avenue and the 1300 block of West Alderson Street. He characterized this as the gap that was created by the inclusion of South 14th Avenue and South 15th Avenue in the district prior to its implementation. He stated that those requesting inclusion in the district have cited parking congestion and additional traffic as the reasons for their request. The Assistant City Manager stated that, after a review of the Polk directory, staff has estimated there are 11 residential addresses on the subject block of South 13th Avenue and 3 residential addresses adjacent to the subject block of West Alderson Street. The Assistant City Manager stated that five of the addresses on South 13th Avenue and one of the addresses adjacent to West Alderson Street are represented on the petition requesting annexation into the district. One of the individuals on South 13th Avenue who signed in support of the district has ".------- since submitted a letter asking to be removed from that petition; and three of the addresses - on South 13th Avenue are represented by written protests to inclusion in the district. Also, one property owner, who does not reside on the property, has stated opposition to inclusion in the district; however, the renters have signed the petition in support. Assistant City Manager Brey estimated that an average of ten to twelve parking spaces are located on each of the block faces involved. He stated that staff has conducted both formal and informal traffic counts on these block faces; and the findings are contained in the staff report. He noted that, while the number of vehicles parked on the street seem to be concentrated near the intersection of West Alderson Street and South 13th Avenue, there does not appear to be a dramatic congestion on these two streets. Mr. Scott Branscum, 621 South 13th Avenue, stated that, upon arriving home one .",--......, ~ afternoon about three weeks ago, it appeared that the area around his home was a used car lot. He noted concern about the safety of his child in this situation, particularly since he watched his child nearly get hit as he darted between two parked cars and into the path of a moving vehicle. He stated the same vehicles are parked near his home all of the time; and he feels they should not be allowed to park there. He further stated he is concerned about the 11-07~94 --. 11-07-94 --- - 31 - to inclusion of these streets in the residential parking district. He noted that he has spent a considerable amount of time at this property in the past few weeks; and he has not seen any parking problems. He acknowledged the problem of speeders, noting that is what creates the hazards for children. . Mr. Slonaker stated that the people who own the home next to his are also opposed to inclusion in the district; however, they were unable to attend this meeting. Mr. Slonaker noted that his renters are in support of the district, which is the opposite of his position. He then asked, in this instance, how those differing positions are to be considered. Ms. Nancy Williams, 603 South 13th Avenue, stated she has lived there since 1987. She noted that she works all day at the University; however, she has not seen any parking problems around her home. She stated that she has not seen any excessive traffic in the neighborhood, either. Mrs. Sharon Harvey noted that Mr. Kirke Frantz, owner of the home at 616 South 13th Avenue, has asked her to forward his opposition to the extension of this district as well. She noted that he had previously submitted his written opposition to the City staff, but wanted . to ensure that it is in the record. Assistant City Manager Brey stated the only question which seems to have surfaced is the issue of ownership versus rental status. He noted that under the residential parking district, no assessment is made against the property. He stated that when an assessment accompanies a program, ownership is automatically given precedence; however/in this instance, the Commission must make the determination on the relative values of the two categories. Responding to Commissioner Youngman, the Assistant City Manager stated that the Commission has seemed to be comfortable with considering petitions containing signatures from more than 50 percent of the residents and property owners. He noted, however, that is not required under the ordinance which establishes this program. . Mayor Vincent closed the public hearing. Break - 8:57 to 9:00 p.m. At the City Manager's request, Mayor Vincent declared a break from 8:57 p.m. to 9:00 p.m. 11-07-94 .-- .. --.... ..---...- _n____ "'._ - 32 - Public hearing - Ordinance No. 1393 - reauested annexation of South 13th Avenue from Dickerson Street to Alderson Street and West Alderson Street from South 13th Avenue to South 14th Avenue into the MSU Parkina District City Manager Wysocki noted the Commission does have the option of including only a portion of the specified streets within the district, rather than all of what is requested. He . suggested it may be beneficial to consider including both block faces on West Alderson Street between South 13th Avenue and South 14th Avenue, but not South 13th Avenue. The Commissioners also discussed the possibility of including only the south half of the 600 block of South 13th Avenue; however, they also recognized the confusion that inclusion of only a partial block might create. Mayor Vincent asked that staff study this issue further, and bring back some additional information for consideration. He then requested that this item be placed on next week's agenda for a decision. Adjournment - 9:05 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 Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. ATTEST: rlLoIk ROBIN L. SULLIVAN Clerk of the Commission . 11-07-94