HomeMy WebLinkAbout1994-09-12 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 12, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, September 12, 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 action on the minutes of the regular meetings
of August 15
and August 22, which were included in the Commissioners' packets, until after action has been
I taken on the minutes of the regular meetings of August 1 and August 8, 1994.
Decision - appeal of Planning Board decision to deny application to allow construction of six
duplexes on Lot 2. Guv's Second Addition ( 125 East Alderson Street) based on design - Clair
Daines (Z-93177)
This is the time and place for a decision on the appeal of the Planning
Board decision
to deny an application to allow construction of six duplexes on Lot 2, Guy's Second Addition
based on design under Application No. Z-93177, as requested by Clair Daines. The subject site
is more commonly known as 125 East Alderson Street.
Senior Planner Dave Skelton reminded the Commissioners that in April,
they
conducted a public hearing on this appeal. At that time, the Commission voted to modify the
Planning Board's decision by referring the application back to the Design Review Board for
. review of the revised plan which was required to meet the concerns expressed by the
Commissioners, particularly those forwarded by Commissioner Youngman and Commissioner
Frost.
The Senior Planner stated that, included in the Commissioners' packets,
was a memo
from him, dated September 8, forwarding a copy of the minutes from the May 10 meeting of
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the Design Review Board, a copy of the revised plans which the DRB reviewed, and a sample
of the colors to be used on the buildings.
The Senior Planner stated that on May 10, the Design Review Board reviewed the
revised site plans, taking into consideration the issues forwarded by Commissioners Youngman
e and Frost. He stated that, following that review, the ORB generally concluded that the revised
proposal substantially addresses the issues identified through the numerous reviews of the
proposed development. He noted that the Board has determined the revised design, with its
architectural treatment, roof forms, exterior elevations, building orientation and color palette
would allow the proposed development of these six duplexes in a manner which is compatible
with the character and fiber of the surrounding neighborhoods.
The Senior Planner highlighted several of the revisions contained in the new site plans.
Those include relocation of the pedestrian walkway within the development, with different
materials being used where it crosses driveways and streets; relocation of the trail system to
the east edge of the subject property; and reorientation of the northwestern most duplex. He
noted that preserving as much of the existing vegetation as possible along the south edge of
I the property has been identified as a high priority. He noted that Mr. Daines has indicated a
willingness to relocate as much of the existing vegetation on the remainder of the property to
this area as possible, in addition to protecting the vegetation already in that area.
Senior Planner Skelton stated that, based on information provided by City staff and
Morrison-Maierle, consulting engineers, it appears there is adequate capacity in the existing 6-
inch sewer line in Dell Place to accommodate this development; and groundwater infiltration
is not a critical problem. He indicated that a review of the site by a representative from the
U.S. Army Corps of Engineers revealed that obtaining a 404 permit will be necessary prior to
obtaining a building permit.
The Senior Planner stated that if the Commission wishes to modify the City-County
Planning Board's decision, then the following issues should be resolved and addressed in the
. conditions of approval:
1. 404 permit for wetlands;
2. Trail system to possibly link with Alderson Street;
3. Through traffic between Dell Place and Alderson Street;
4. Area's sanitary sewer system capacity;
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5. Alderson Street width and specifications; and
6. Preservation of how much of the existing vegetation.
The Senior Planner then requested that the Development Review Committee be given
an opportunity to review the revised site plan and provide input and recommended conditions
. for approval. He further requested that the Commission allow two weeks for the completion
of this process, prior to making a decision on this appeal.
City Attorney Luwe reminded the Commissioners that the public hearing on this
appeal has been held; and the Commission subsequently decided to modify the decision of the
Planning Board. He noted that, in light of previous actions, the Commission may now decide
to add conditions or modify conditions in response to the recommendations forwarded by the
Design Review Board.
Responding to Commissioner Frost, the City Attorney noted that the public hearing
on this item has been held and closed; therefore, no additional public input may be considered
at this time.
Responding to additional questions from Commissioner Frost, the City Attorney stated
I that the intent and purpose of the neighborhood overlay district is to ensure that new
development in that district is compatible with the character and fabric of the surrounding
neighborhood. He then stated that, based on the revised plans submitted,
including the
architectural treatment, roof forms, colors, porches and private entrances, the DRB determined
that this development meets that intent.
Commissioner Youngman noted that the minutes from the Design Review Board
meeting do not seem to reflect discussion on some of the issues which she and Commissioner
Frost had forwarded. She noted that this makes it extremely difficult to tell how much those
items were considered.
Senior Planner Skelton stated that the Design Review Board reviewed the proposal
as a package, rather than considering each aspect separately; and concluded that the revised
. proposal is acceptable, based on its findings and direction from the Commission.
Commissioner Stueck noted that the Commission has already decided to modify the
decision of the Planning Board and has asked the Design Review Board for additional review
of the revised site plan, addressing the specific issues which had been raised by the
Commissioners. He noted that it appears all of those issues have been
addressed, with the
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exception of running another test on the sewer line. He then asked how that testing can be
accomplished if the Water and Sewer Superintendent does not wish to conduct a test or
authorize others to conduct the test.
Responding to questions from Commissioner Frost, City Manager Wysocki stated that
e on March 17 and 1 B, staff looked at the sewer line in question and determined there was
adequate capacity available. He noted that staff further determined that nothing would be
gained by reviewing the situation again, particularly since no changes have occurred since then.
Commissioner Frost stated the revised site design is better than the previous design.
He expressed concern that the proposed trail location along the south side of the property,
however, will result in the loss of a substantial amount of shrubbery and trees, to provide
access to a proposed bridge at the southeast corner of the property. He then indicated that
he cannot support this proposal as designed, characterizing it as an urban subdivision design
that does not fit into an older neighborhood.
Commissioner Youngman stated she is a little frustrated that a sewer capacity
analysis was not completed in the spring, when students were still in town. She recognized
I staff's position that little has occurred to materially change the remaining capacity in the line;
however, she suggested that infiltration may have some impact on that capacity, particularly
in the spring. She then stated she feels the revised site plan is a much
better one. She
characterized the remaining issues as minor items.
Commissioner Stiff stated a willingness to accept the recommendations forwarded
by the Design Review Board.
Mayor Vincent stated that if the sewer line is, in fact, adequate, he feels that issue
has been addressed. He recognized that the line will require replacement some day because
of its age and deterioration, and questioned whether those properties being serviced by the line
will be asked to bear those costs.
City Manager Wysocki stated a number of financing mechanisms are available,
e including the creation of a special improvement district, which would be paid by those using
the line, or through system-wide improvements, which would paid by the City. He recognized
that this particular line seems to be a little flat, without much grade. He
reminded the
Commission, however, that City staff has determined there is adequate capacity to serve this
proposed development.
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Mayor Vincent stated he shares some of Commissioner Frost's concerns. He stated
that, while the revised site plan contains significant improvements, he is not convinced that the
proposed development is compatible with the surrounding neighborhoods.
Commissioner Stueck noted that the Design Review Board and the Commission agree
. that the revised site plan is an improvement over the previously submitted plans. He then
asked if staff will have any additional review authority or input on each building before it is
constructed.
Senior Planner Skelton stated the Design Review Board assesses applications for
certificates of appropriateness in light of whether they are compatible with the surrounding
area. He noted the Board tries to avoid redesigning projects because everyone views a project
differently. He then stated the Planning staff essentially concurs with the ORB findings.
Responding to Commissioner Stueck, Commissioner Frost stated he feels that the
pedestrian pathway should be relocated so that it runs along the east boundary line, then along
the south end of the property to the existing bridge at the southwest corner rather than
installing a new bridge at the southeast corner.
. Responding to questions from Mayor Vincent, City Attorney Luwe once again
reminded the Commissioners that they have already made the decision to modify the Planning
Board's decision. He noted that the Design Review Board has reviewed the revised site plans,
taking into consideration the concerns expressed by Commissioner Frost and Commissioner
Youngman; and it is now before the Commission for final action. He
noted that if the
Commissioners are not satisfied with the information received from the ORB, it must determine
whether conditions can be added to satisfy those concerns.
Commissioner Frost stated he feels this proposal is incompatible with the historic
neighborhood patterns; and he does not see any way it can be redesigned to gain compatibility.
He then stated that, if the project is to be approved, he feels it is imperative that two
conditions be added, as follows: (1) that the trail system be relocated to
utilize the existing
. stream crossing; and (2) that the sidewalk through the project be delineated where it crosses
the roadway by use of a different material.
Responding to Commissioner Youngman, Senior Planner Skelton stated he does not
feel it would be appropriate to asked the ORB to provide clarification of its minutes from the
May 10 meeting at tomorrow's meeting. He noted they have a set
agenda for that meeting
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and, since they meet only every two weeks, it is important that they follow that agenda. He
further noted that the ORB has expressed its frustration at being directed to review this project
once again, in light of specific issues and concerns forwarded by the Commission.
He once
again reiterated their findings that this project meets the intent and purpose of the
e neighborhood overlay district.
City Attorney Luwe stated that if the ORB is recommending approval, the Commission
can assume that they have reviewed the criteria contained in the zone code in making that
recommendation.
Commissioner Youngman stated she has difficulty in ignoring the determination from
the advisory board that this proposed development is compatible with the area.
She then
suggested that the Commissioners list any additional items which they feel should be included
in conditions for approval. She then began that process by forwarding the following:
(1 )
require that the applicant obtain a 404 permit; (2) require that the trail system be revised to use
the existing bridge in the southwest corner; (3) require that the sidewalk through the project,
extending from East Alderson Street to Dell Place, be delineated through the use of different
, materials as it traverses paved surfaces; and (4) require that the existing vegetation along the
south end of the property be protected as much as possible and that mature vegetation from
the remainder of the site be relocated to that area if at all possible. She noted that this will
help to protect and preserve the stream setback and the wetland area.
Responding to Senior Planner Skelton, Commissioner Youngman stated the lilac hedge
along the northern property line will help to buffer the development from the neighborhood to
the north.
None of the Commissioners expressed any opposition to the four issues listed by
Commissioner Youngman.
Responding to City Manager Wysocki, Senior Planner Skelton stated that the width
of Alderson Street has already been addressed in the recommended conditions. He noted that
. this issue will also be discussed at tomorrow's Development Review Committee meeting.
Following a brief discussion, the Commissioners indicated support for allowing the
private portion of the street to be constructed with a 26-foot-wide pavement, curb, gutter and
sidewalk.
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The
Commissioners briefly discussed the next step in the process, particularly in light
of the concern expressed by some of the Commissioners that this project
is not compatible
with the surrounding neighborhood.
Commissioner
Youngman stated her preference for seeing the proposed conditions
e for approval prior to acting on this application. She then suggested that staff be directed to
bring back the proposed conditions prior to the Commission making a decision
on this appeal.
City
Attorney Luwe suggested that the Commission act on a motion recognizing that
the revised plan substantially complies with the direction given by the
Commission, and
directing staff to bring back proposed conditions for consideration.
He noted that if this motion
fails, then the appeal is denied unless a subsequent motion is made.
Commissioner
Youngman stated that, while she is concerned about the compatibility
of this project with the area, she also recognizes the ORB's advice,
which has been forwarded
twice.
Commissioner
Frost stated he does not feel the Design Review Board has adequately
addressed the criteria of neighborhood compatibility, noting that at
their March meeting, the
, Board forwarded its recommendation on a 4 to 3 vote. He then forwarded his position that this
proposal is incompatible with the historic pattern of the existing neighborhoods.
Mayor
Vincent stated that, while he feels there have been some improvements in the
project, it is still a "Fairway Drive type of development in a turn-of-the
century neighborhood".
He noted that, on that basis, he cannot support this proposal.
It was
moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission determine that, with the revised conditions discussed above,
the appellant has
satisfied the concerns forwarded by the Commission, and direct staff
to bring back a revised
set of conditions for Commission consideration prior to taking final
action on this appeal. The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Youngman, Commissioner Stiff and Commissioner Stueck; those voting No
being Commissioner
- Frost and Mayor Vincent.
Discussion re renovation/restoration of Carnegie Building - Derek Strahn.
Historic Preservation
Officer
Included
in the Commissioners' packets was a memo from Derek Strahn, Historic
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Preservation Officer, dated September 7, 1994.
Historic Preservation Officer Strahn reviewed the contents of his memo. He stated
that,
based on preliminary research conducted by the Historic Preservation Advisory
Commission, it appears there are several alternatives available. He noted
that some concern
e has been expressed about the structural integrity of the building as well as the renovations that
would be necessary to bring the structure into compliance with ADA requirements.
He stated
that the costs of renovation of the facility have been estimated from
$400,000 to $875,000.
He forwarded the board's concerns about these figures, particularly since
no support
information has been provided with those estimates to show what is involved.
The Historic Preservation Officer provided a brief history of the building, noting it was
constructed as the Carnegie Library, one of 1,679 such libraries constructed
across the country
through monies from the Carnegie Foundation. It was completed in 1903
and served as the
City's library until 1981, when it was converted to office space for
City offices. It was
individually listed on the National Register of Historic Places in 1979.
The Historic Preservation Officer stated that while the building does require some
, attention, the HPAC does not believe that demolition is justified. He suggested, rather, that
the deteriorating condition is due to lack of attention and maintenance
over the past decades.
The primary problems seem to be the building foundation and the front
entrance, with the
remaining problems being more cosmetic in nature.
HPO Derek Strahn stated that, because of his concern for the structure, Mr. Richard
Teer has completed a structural assessment of the building and has concluded
that for
approximately $75,000, the building could be rehabilitated.
He stated that in this year's
budget, $22,000 has been allocated for building repairs and maintenance;
and he suggested
that those monies be used for doing the actual work rather than for studying
the needs of the
building.
Historic Preservation Officer Strahn then addressed the issue of handicapped
- accessibility, recognizing that is a more complicated issue.
He suggested that, under the
ADA's definitions, the building can be brought into compliance at a reasonable
cost. He noted
that the main problem is providing access to the second floor, and whether
than access can
be accomplished in an economically feasible manner that is sensitive
to the historic and
architectural character of the building. He indicated that issue is currently
being reviewed.
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The Historic Preservation Officer stated that a determination must be made on the
feasibility of bringing the building into compliance with ADA requirements. He suggested that
Herb Dawson, Historic Architect for the State Historic Preservation Office, be retained to
provide that service, noting his services may be free. The second step is to determine how the
e Carnegie Building is to be used in the future, since that decision may impact the steps required
for compliance.
Historic Preservation Officer Strahn stated that several funding sources are available
for this type of renovation. He noted that the Historic Preservation Advisory Commission has
indicated its willingness to spearhead a fund-raising campaign. Also, several public and private
foundations have financial assistance available; and some of those opportunities could be
pursued.
The Officer concluded by stated that demolition of the Carnegie Building is not a
viable option for a number of reasons. He noted the building is an important cultural resource,
and is architecturally and historically important to the community. Also, it would be a politically
unwise decision for the City to make, in light of its efforts to develop an historic preservation
, program. Further, it would be an economically unwise decision to demolish the building, since
it could probably be leased or sold if no longer used for City offices.
Historic Preservation Officer Strahn then forwarded the board's request that they be
given time and authority to explore alternatives for renovation of the structure, including
permission to pursue sources of funding and professional advice. He forwarded his intent to
come back before the Commission prior to the end of the fiscal year with the information that
has been gathered to date.
Assistant City Manager Ron Brey, Hie City's ADA Coordinator, stated it is important
to remember that all services and programs are to be made accessible to the public. He stated
that, through providing alternate meeting locations and home visits, it may be possible to meet
the ADA requirements without providing access to the second floor of the building.
He
_ cautioned that, while the private sector may be able to take advantage of the relaxation of
accessibility standards, the public sector is not always afforded that opportunity.
The Assistant City Manager then cautioned that the provisions of the Uniform Building
Code must also be taken into consideration. He noted that, because of those regulations, it
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will be necessary to provide a second entrance to the second floor if occupancy is increased;
and that entrance must be fully accessible.
Responding to Commissioner Frost, Historic Preservation Officer Strahn noted that
if the Commission follows the recommendation of the HPAC, it would still be possible to
. undertake some of the improvements this fiscal year, noting that the structural issues should
be addressed as soon as possible. He then cautioned that the decision on whether to sell the
building should be delayed until after a decision has been made on whether it can continue to
meet the needs of the City.
Commissioner Frost stated his support for the recommendations which have been
forwarded by the Historic Preservation Officer, stating he feels it is important to consider any
options for rehabilitating the Carnegie Building.
Commissioner Youngman stated her concurrence with
Commissioner Frost's
comments.
Commissioner Stiff stated that at the present time, all services in the Carnegie
Building are available to the handicapped; and staff is very cooperative in providing those
, services.
Mayor Vincent stated he is generally supportive of the proposal forwarded by the
HPAC. He expressed concern, however, that when one begins to renovate an older building,
unanticipated problems often arise, resulting in higher costs than anticipated. He stated that
he supports preservation of the structure if economically feasible; however/he wants
assurances that the costs will not climb substantially above original estimates.
Historic Preservation Officer Strahn stated he feels that the City can obtain a concrete
structural assessment upon which to base future decisions about the Carnegie Building.
He
noted that, hopefully, that assessment will provide the assurances necessary to make the
Commission comfortable with proceeding with rehabilitation of the structure.
City Manager Wysocki noted that three years ago, he suggested either selling or
. demolishing the Carnegie Building, and received no reaction from anyone. He noted that this
time, he did get a reaction. He then stated that during the budgeting process,
he asked for
$2,500 to evaluate the facility to determine what would be necessary to rehabilitate the
structure, to ensure that all issues are adequately addressed.
He noted that, in addition to
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those monies, he asked for an additional $20,000 to address life safety
problems during this
fiscal year; and a part of those monies were to be expended on the front
steps.
The City Manager reminded the Commission that, in addition to historic
preservation
and ADA issues, personnel must also be taken into consideration.
He noted that in the
e summertime, with computers and other machinery in the building, it is often too warm to ask
people to function normally. He then stated that seven or eight years
ago, he received an
estimate of $250,000 to renovate the building; and he feels that was
a realistic estimate.
Commissioner Stueck stated that, while he agrees it would be preferable
to save the
building if possible, he is also concerned about the costs of doing so.
He noted that, in addition
to rehabilitation of the structure itself, the mechanical system and
the electrical system must
also be upgraded to accommodate the computers and other electronic equipment
being utilized
in the building.
City Manager Wysocki stated he wants an independent evaluation of the
building
because that places "somebody's name on the line".
He then stated he feels that can be
accomplished with the $2,500 which was originally budgeted for the study.
, Historic Preservation Officer Strahn stated he feels that the desired study can be
easily accomplished for the monies budgeted, with $22,000 in this year's
budget being utilized
for beginning some of the renovation work.
Mayor Vincent indicated that the Commission will allow the City Manager
time to
acquire a licensed professional to provide an independent evaluation
of the Carnegie Building,
with the assurances which the City feels are necessary before proceeding
with possible
renovation of the building.
Discussion - DroDosal for Citv fundina of imDrovements to thirteen of
the intersections identified
in the Marvin & Associates studv - James Goehrung. Neighborhood Coordinator/GrantsDers
on
Included in the Commissioners' packets was a memo from James Goehrung,
. Neighborhood Coordinator/Grantsperson, dated September 6, 1994.
Neighborhood Coordinator/Grantsperson Goehrung reviewed his memo.
He noted
that, attached to his memo, is information on suggested funding for high
accident intersections
and a summary of accident locations during the period 1991 to 1993.
He noted that, also
included in his memo, are four questions which he feels are important
to address in conjunction
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with this agenda item, pertaining not only to the improvements to the thirteen identified
intersections but to improvements for other intersections, through the use of State monies.
The Neighborhood Coordinator forwarded his recommendation that the City fund the
improvements to the following thirteen intersections, at an estimated total cost of $10,415:
e Mendenhall & Tracy; Beall & 7th; Mendenhall & 9th; Babcock & Bozeman; Babcock & 10th;
Mendenhall & 5th; Beall & Black; Lamme & 7th; Lamme & Grand; Babcock & Willson; Olive &
Willson; Mendenhall & Black; and Mendenhall & 3rd. He noted that the State Department of
Transportation would then be responsible for the $76,660 needed to complete the other high
accident intersections which were previously identified and approved for funding.
Commissioner Frost stated he feels it is important for the City to begin addressing the
high accident intersections as quickly as possible. He noted, however, that he feels the City
should also be "screaming as loud as it can" to get the monies from the State which have been
approved for improving the remaining intersections. He stated that, like most people, he was
very excited when the State program was developed; however, he doesn't feel that the City
can wait any longer for the funding which was approved quite some time ago,
I Commissioner Stueck stated his concurrence with Commissioner Frost's comments.
He then asked if there is any indication from the State about why the monies have not yet been
made available for completing the improvements.
Neighborhood Coordinator Goehrung responded that he has been told a new person
has been hired to administer this program. He then noted that five communities have applied
for funding, but none has received any money. He indicated that pulling these projects out of
the list will not jeopardize the monies which the State has committed for the other projects,
although the engineering and administration of the remaining projects will need to be
renegotiated. He then emphasized the importance of acting quickly, so
the work on the
thirteen intersections can be completed during this construction season.
Responding to Commissioner Stueck, the Neighborhood Coordinator stated that the
tilt contract with the State, which has already been executed, identifies the projects to be covered
by the funding.
Responding to
questions from Commissioner
Youngman, the Neighborhood
Coordinator stated that even if the State monies are released immediately, the thirteen projects
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listed can be completed more rapidly through the use of City funds than through the use of
State monies.
Commissioner Youngman stated she feels that it is important to provide these
intersection improvements as quickly as possible, to ensure the safety of those in the
e community.
Responding to questions from Commissioner Stiff, Director of Public Service Forbes
stated that curb reconstruction has been discussed in conjunction with these intersection
improvement projects. He stated that when federal or state monies are used, any intersection
improvements must include curb cuts which meet ADA requirements. He then suggested that
when working with the smaller projects which have been identified for City funding, however,
no street work or curb work is required. He noted that,
because the projects listed include
small items such as the installation of stop signs, he feels that they can still be accomplished
this fall.
Mayor Vincent asked if the Commission can determine the placement of stop signs
at intersections, stating he feels that in some instances the recommended placement may not
I be appropriate. He recognized that under the uniform traffic code. stop signs are to be placed
on the street with the least amount of traffic; however, he stated that he has identified three
locations on the list where he feels that installation of the stop signs on the streets with the
higher levels of traffic would more adequately ensure safety. He noted that this is due, in part,
to the fact that the stop signs would serve to slow traffic along at least a portion of the street.
Director of Public Service Phill Forbes stated that local authorities are required, by
State law, to install traffic control devices in accordance with the Manual on Uniform Traffic
Control Devices. He noted that the manual establishes warrants and the general
criteria for
placement of signs. He then reminded the Commission that the
City has paid for a traffic
engineer to look at these specific intersections; and the results of that review have been
forwarded in his recommendations. He stated that a review of the resource materials available
_ in his office revealed that even the most forgiving of those materials does not allow for the
placement of stop signs on the most heavily used street. He noted that said document further
suggests that the effects which a stop sign has on volume and speed of traffic is over-rated
by lay persons.
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Mayor Vincent suggested that if stop signs were installed at each intersection
for two
or three blocks, they could serve to slow the traffic significantly. He then stated that, since
speed bumps are not allowed and since the traffic circle policy seems too restrictive for people
to use, he feels an alternative must be considered for slowing of traffic or possibly discouraging
. traffic from using neighborhood streets as through streets. He estimated that South Third
Avenue carries 2,000 vehicles per day, which is high for a neighborhood street; and they often
travel at excessive speeds. He noted that if a police officer could sit and radar the street for
a day, it might alleviate some of those problems; however, he recognizes that is not possible
with the demands which are constantly being placed on that department.
Mayor Vincent stated that he feels it is important something be done
to protect the
neighborhood streets in the community. He stated that if this cannot be accomplished through
the installation of stop signs in a manner which will make the use of neighborhood streets less
attractive, then other alternatives for controlling traffic must be considered. He noted those
options would include revision of the traffic circle policy, the possibility of using speed bumps,
and looking at the legality of using electronic equipment to monitor non-compliance with traffic
Ilaws. City Attorney Luwe stated that the City Manager has authorized
him to seek an
Attorney General's opinion regarding the use of photo radar. He noted
that the Attorney
General has already included that the use of photo radar is permissible in cities with self-
government powers, but has not addressed cities with general government powers, such as
Bozeman.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck,
that the
Commission authorize and direct staff to proceed with installing the identified safety
improvements at the thirteen intersections listed above, at City expense, as soon as possible.
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.
Reauest for Dermission to address Commission re "We Share the Road" camDaian - Ankara EI-
Auria
City Manager Wysocki reminded the Commissioners that Ms. Ankara EI-Auria
has
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requested permission to address them at this time regarding the "We Share
the Road"
campaign.
Ms. Ankara EI-Auria distributed copies of the bicycle safety brochure
which was
prepared in conjunction with last year's campaign. She suggested that
the implementation of
. the "We Share the Road" campaign once again could possibly help to address some of the
issues which were raised in the previous agenda item. She noted that
people are in a hurry;
and that attitude is reflected in how they drive on the city streets.
She suggested that
promoting safety and courtesy once again, possibly through running essentially
the same
campaign as last year, could help to increase safety on the streets.
Ms. EI-Auria asked that at this time, the Commission allocate $600 to
cover the costs
of printing small display ads in the newspaper three times a week over
a five-week period. She
stated that, with slight revisions, all of the copy is in place for those
advertisements. She also
suggested that people are also willing to do the work on public service
announcements for radio
as well as video public service announcements for the television stations.
She stated her intent
to approach the auto dealerships for contributions for cling stickers
rather than the bumper
I stickers which were used in last year's campaign. She indicated that 3,000 of the stickers can
be purchased for $1,000.
Ms. EI-Auria encouraged the Commission to consider this an annual event,
at this time
of the year. She noted that this will serve as a reminder to those drivers
who have lived in the
community for a while and will educate those new students who have just
arrived at the
University .
Ms. Ankara EI-Auria noted that several banners were purchased last year.
The small
banners can be distributed to schools and businesses again this year;
and the large banner
could be hung across Main Street once again.
She suggested that through this approach,
encouraging people to change their attitudes and behaviors, the community
can become a safer
place in which to live and travel.
. Responding to City Manager Wysocki, Ms. EI-Auria stated she has not talked
to the
Bozeman Daily Chronicle about when the campaign could be started; however,
she assured him
that it could be implemented in a short period of time.
Commissioner Youngman stated she feels that implementing the "We Share
the Road"
campaign once again would be a good idea; and she supports it as an annual
reminder. She
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then suggested that advertisements be run in The Exponent as well as
in the Bozeman Daily
Chronicle, noting that should reach more college students.
Mayor Vincent stated his support for the proposal, stating he feels this
informational
campaign is a good one. He noted that can be followed up by holding drivers
accountable for
. their actions, through the issuance of citations to those who fail to obey the laws.
City Manager Wysocki stated there are monies available in the Commission
budget
to cover this type of request.
He then suggested that the Commission allocate $800 for
advertising costs for this campaign, to cover the costs of display ads
in both the Bozeman Daily
Chronicle and The Exponent.
It was moved by Commissioner Stueck, seconded by Commissioner Frost,
that the
Commission authorize the expenditure of up to $800 from the "Other" line
item in its budget
to cover the costs of advertising in conjunction with the "We Share the
Road" campaign. 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.
I Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 )
Copy of a letter from Don Bachman, 109 North Broadway Avenue, to
Planning Director Epple, dated September 9, regarding the Cupalo project.
(2) Memo
from Assistant City Manager Brey, dated September 8, listing various
issues and questions surrounding the MSU residential parking district,
to which staff members
have been responding.
(3) Letter
from Nancy Otto, 826 South Third Avenue, dated September 8,
regarding the MSU residential parking district.
. (4) Copy
of the Service and Non-Profit Organization Guide, as prepared by the
Bozeman Area Chamber of Commerce.
The City Manager encouraged the Commissioners to review the list of organizations
contained in this brochure, identifying those to whom they would be willing
to submit
presentations on the general obligation bond issue. He asked that the
information be submitted
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to the Clerk of the Commission by next week, so that staff can begin to schedule the
presentations.
(5) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, September 13, at the Carnegie Building.
e (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, September 13, at the Carnegie Building.
(7) Minutes from the Highway Commission meeting held on June 9 and the
telephone meetings held on June 3, June 29, July 29, and August 3, 1994.
(8) Progress report from the ad hoc committee to review cable television
franchising, dated September 10.
(9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, September 13, at the Courthouse.
(10) The City Manager submitted his weekly report, as follows. (1) Announced
that the Parking Commission met last week. They are looking at the possibility of progressive
ticket costs, through the use of a hand-held computer which prints the ticket.
(2) Attended
I the MMIA meeting in Helena last Friday, in preparation for the annual meeting. He asked that
the Commission nominate him to continue serving as a member of the Board for MMIA, through
an agenda item at next week's meeting. (3) Announced that
he will be attending the ICMA
Conference in Chicago later this week, then taking a week of vacation.
(11 ) Commissioner
Stueck submitted the following.
(1 ) Reminded the
Commission that he will be absent from next week's meeting.
(2) Stated that, as a member
of the Board of Directors for Gallatin Development Corporation, he has been asked if he would
be willing to meet with members of the building community.
He noted that Commissioner
Youngman will be in attendance at the same meeting.
(12) Commissioner Youngman stated that she gave a presentation at the League
of Women Voters' meeting today, including a brief overview of possible funding sources for
e transportation network improvements.
(13) City Attorney Luwe submitted the following.
(1) Announced that Staff
Attorney Wordal is attending a state-wide conference on domestic violence. (2) Announced
that he will be in Panama from September 16 through 30, as part of his military duty.
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(14) Clerk
of the Commission Sullivan reviewed the agenda for next week's
meeting, which includes public hearings.
( 15)
Mayor Vincent expressed continued concern about the traffic situation in
Bozeman and the fact that neighborhood streets are becoming defacto collectors. He noted
tit that in new subdivisions, where there are no through streets, they are much quieter, with little
traffic passing through.
( 16)
Mayor Vincent provided statistics on the enrollments in the Bozeman
schools. He noted that the high school can accommodate 1,600 students;
and there are
currently 1,596 enrolled. This year, there are 338 seniors, 371 juniors, 415 sophomores and
472 freshmen. He noted that teachers currently have an average
of 150 students per day,
which makes establishing a good teacher/student relationship extremely difficult.
Responding to the City Manager, the Mayor stated that the high school
was converted
from a three-year high school to a four-year high school two years ago, at which time two
classrooms and a new gymnasium were added. He then noted that, with the construction of
a new middle school, the crowding in that school should be dramatically reduced.
I Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Reauest for permission to conduct MSU Homecomina Parade - Saturdav.
October
8th 10:00 a.m. - Main Street from Rouse to 11th Avenue
Award bid for sale of bonds for SID No. 662 - Davina of 2.691 feet of
North
19th Avenue between Baxter Road and West Oak Street -
$295.900
Extension of building Dermit for Dickinson Manor. North 22nd Avenue and
Durston
Road. to August 9. 1995
Authorize absence of Commissioner Youngman from meeting of October
10.
1994. incomDliance with Section 7-3-4322(2), M.C.A.
Buildina Inspection Division reDort for August 1994
e Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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
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vote: those voting Aye being Commissioner Frost, Commissioner Youngman,
Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Recess - 5:32 D.m.
e Mayor Vincent declared a recess at 5:32 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled work session.
Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of
conducting
the scheduled work session.
Work session - recommendations forwarded bv housina task force
Included in the Commissioners' packets is a memo from Commissioner Youngman,
dated September 8, 1994, forwarding her suggestions on how this work
session might be
conducted.
I Commissioner Stueck suggested that the definition of "affordable housing" be
established before discussion begins on any of the specific recommendations,
since that
definition may impact how the Commission views some of those recommendations.
Commissioner Youngman cautioned that the definition of affordable housing
for a
rental and for home ownership are different. She noted that the federal
standards for rental
units is that 50 percent of median rental is considered very low income
and 65 percent is
considered low income. The percentages for purchase of homes in other
communities range
from 80 percent to 120 percent of the median income level, with the typical
ranges being from
80 percent to 110 percent. She then suggested that the Commission may
wish to consider
the parameters for concessions which it may want to allow when. considering
applications
which include affordable rental units, depending on how many of them
are to be earmarked for
e very low or low rental rates.
Commissioner Stiff noted the importance of setting percentages in the
formula for
determining the costs of affordable housing, since set dollar amounts
will not "hold up over a
period of time".
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City Manager Wysocki suggested that the formulas developed might differ
for in-town
projects and out-of-town projects, due to the infrastructure costs encountered in building
outside city limits.
Responding to questions, Commissioner Youngman stated that at the present
time,
. 80 percent of median income allows for purchase of a $74,000 home. She cautioned that this
figure is constantly changing, depending primarily on the median income level and interest
rates.
Responding to the City Manager, Neighborhood Coordinator/Grantsperson
James
Goehrung stated that in most instances, a housing authority administers an affordable housing
program. The guidelines for those programs are tied to the federal definition
for affordable
housing.
The Neighborhood Coordinator reminded the Commission that Section 8 assisted
housing is already available in the community. He stated that
the program may not be
addressing 100 percent of the needs; however, he feels it is important for the City to consider
a segment of the market that is not being addressed at all, which may be a slightly higher level
I than the Section 8 program addresses.
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council,
stated that a survey of rentals in the area is conducted every six years. He then stated that
the affordable rental rates are adjusted every three months, based on the median income. At
the present time, affordable rental rates, including utilities, are set at $391 for a one-bedroom,
$523 for a two-bedroom, $608 for a three-bedroom, and $676 for a four-bedroom unit.
Commissioner Youngman stated that it is not possible to provide new rental
units at
65 percent of median without tax incentives. She then proposed
that if housing trust fund
monies are to be used for a housing project, it might be possible to require that a very small
percentage of those units be rented at 50 percent of median. She noted, otherwise, that 65
percent of median will target a market not currently being served.
e Commissioner Stiff noted that the rents set for the rental units being
developed by
Interfaith Housing are substantially lower than those which have been quoted. He stated that
three of the units are to be rented at 30 to 40 percent of median, three units are to be rented
at 40 to 50 percent of median, and the remainder are to be rented at 50 to 60 percent of
median.
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Mayor Vincent cautioned that with all of the issues which have been discussed, the
Commission will generate a five-page affordable standard.
Commissioner Stiff proposed that the definition of affordable housing and the formula
for determining affordability be kept as simple as possible. He then
proposed that the City
. simply use the HUD standards.
Commissioner Stueck noted that tax credits are currently available from the State;
however, they have not been used in Montana. He stated they have been utilized
in other
states; and it might be possible that an out-of-state developer who has used the program in
another state may come in and use Montana's program to provide some affordable units.
The Neighborhood Coordinator noted that the tax credit program is based on HUD
guidelines.
Commissioner Stueck suggested the possibility of a local property tax credit in
addition to the income tax credit offered by the State, in an attempt to attract the construction
of more affordable housing units.
Neighborhood Coordinator/Grantsperson Goehrung encouraged the Commission to
I seek approaches which are different from those being provided through other agencies and
programs.
Commissioner Stueck stated he feels that $525 is too high for many people to pay,
particularly since 33 percent of Bozeman residents lie in the very low category and 23 percent
lie in the low category.
Mr. Jeff Rupp stated that, with the various tax incentives and grant monies available,
there are financial mechanisms in place to assist those wishing to provide affordable housing
units. He suggested that the City's role might be to reconsider its standards for development,
such as requiring looped water lines.
Commissioner Youngman stated she would like a "reality check" from the developers.
She stated that, while she would like to require that some of the housing be provided at 50
. percent and 65 percent of median, she does not feel it is appropriate to do so if it makes a
project not viable.
Mr. Rupp emphasized the point that it is not possible to build a rental for $525 a
month without tax credits, government programs or some other method of writing costs down.
He also noted that larger projects must be considered, due to economy of scale, suggesting
09-12-94
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that rather than thinking about 24 units, it might be more appropriate
to think in terms of 36
or 48 units in an affordable housing project.
City Manager Wysocki cautioned that if reduction of regulatory standards
is to be
considered, care must be taken to ensure that life safety issues are
not compromised. He
e stressed the importance of requiring fire protection, for instance, in a large housing project that
will probably be occupied by a number of children. He then suggested
that items such as
narrower streets and requiring fewer parking spaces could be considered
without compromising
the safety of those living in the development.
Commissioner Stueck suggested that allowing a higher density and requiring
less open
space might also be items for consideration. He then suggested that the
primary problem is
the fact that builders are more content with building $125,000 homes
which readily sell than
with moving into the multi-family market.
The City Manager asked how many developers in Bozeman could qualify for
financing
for a 48-unit development, suggesting that such a development would cost
around $1.9 million.
He also questioned whether those who would qualify would be interested
in this market.
I City Manager Wysocki asked if the Commissioners wish to allow mobile
homes.
The Commissioners stated interest in rentals, mobile homes and modular homes in an
effort to address the housing market.
Responding to Mayor Vincent, Mr. Jeff Rupp stated that five of the first
six units in
their development are filled. He stated that, because of the types of
monies involved in their
project, the window for applicants is very narrow. He noted that, because
of that, he is unable
to project how many qualifying applications were received for those six
units.
Mayor Vincent noted statistics reveal that 70 percent of those who move
to Bozeman
leave within five years. He noted the importance of recognizing that
trend will continue; and
it will impact the entire spectrum of housing available in the community.
Mr. Jeff Rupp reminded the Commission of the importance of considering
land costs
. in the equation for affordable housing. He stated that the cost of the
lots in their development
is $26,000 under the City's present requirements.
City Manager Wysocki voiced the importance of having someone donate land
to the
City. He noted that, even if it is not in a good location for an affordable
housing project, it can
later be traded for a more suitable piece of property. He also proposed
that through the use
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of smaller lots and carports, costs could be reduced. He then reiterated
his concept of a
"PUDbAffordable" chapter in the zone code which would allow for this type of development
with some relaxed standards.
Commissioner Stueck noted the importance of "looking at the big picture",
and
e identifying the items which will help most effectively before any major attempt will be made
to address the affordable housing problems in the community.
Neighborhood Coordinator Goehrung stated that one of the misconceptions
about the
inclusionary zoning recommendations is that the Housing Task Force was looking at making
sure that everyone could purchase a single-family home. He noted that the R-3 zoning district
allows for small lots; however, recent development proposals in the R-3 zones have been for
lots which are approximately 1 % times the minimum lot size. He suggested that inclusionary
zoning could provide incentives for developers of projects with ten units or more to use more
creativity in developing projects which maximize the use of the land, and possibly include a
requirement that a percentage of the lots be at or close to minimum lot size.
Planning Director Epple expressed concern that with the type of requirement
just
I proposed, the City will see a lot of nine-unit developments, thus avoiding those requirements.
He noted that if that is true, the problem is still not going to be addressed.
The Planning Director then noted that the RA zoned lots in Valley Unit
Subdivision
were recently sold at auction sale; and the purchaser immediately placed covenants on those
lots restricting development to single-family residences only.
He also cited Brentwood
Subdivision, which was originally zoned for mobile homes, but has since been changed, with
only single-family residences allowed on those lots as well.
He suggested that it may be
beneficial to revise the zone code to set a minimum number of units per lot in the higher density
residential districts. He suggested another zone code revision to consider is setting a maximum
lot size within various zoning districts. He noted that this idea was previously considered and
met substantial resistance.
e Commissioner Stueck cautioned that if too many restrictions are placed
on the R-3
and R-4 zoning designations, builders will simply stop building in Bozeman and build in the
county or in other communities.
Commissioner Youngman suggested that mixed neighborhoods be encouraged.
She
noted that smaller lots and smaller homes, and possibly a requirement for a certain percentage
09-12-94
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of developments in R-3 and R-4 zones to be multi-family, might better
address the issues which
have been raised. She stated that allowing single-family residences to
fill every zoning district
is encouraging urban sprawl.
Commissioner Frost stated his support for allowing narrower streets,
which he feels
e will make better neighborhoods. He then stated he feels the builders must become involved
in this effort, Questioning whether the Commissioners are the only ones
in the community who
are really interested in addressing the affordable housing issue.
Mayor Vincent suggested that the Commissioners begin to review the specific
recommendations forwarded by the Housing Task Force.
1. Develop
educational materials for the general public.
2. Develop
educational materials
for the builder/developer
community.
The Commissioners recognized that these two items pertain strictly to
educational
efforts and Quickly moved to the next recommendation.
3. Promote
general housing practices for low and moderate income
housing,
particularly for mobile and modular housing.
. All of the Commissioners concurred this item is important.
Mayor Vincent stated he feels that this type of housing can be compatible with other
housing developments in a community.
Neighborhood Coordinator Goehrung cautioned that when the Commission
considers
a proposal for a mobile home park or a modular development, is very possible
the neighbors will
speak in opposition to the proposed development.
Planning Director Epple reminded the Commissioners that they just acted
on a 140-lot
manufactured home subdivision; and no one spoke in opposition.
He noted that in that
instance, it appears the land value was what made this proposed subdivision
work. He then
reminded the Commission that the issue of compatibility with surrounding
development
becomes an important issue when considering a project within an entryway
overlay district or
e a neighborhood conservation district; however, that issue is not as critical in other segments
of the community.
The Planning Director then stated that some of the highest value real
estate in the
area is located along 24-foot streets with no curb and gutter, such as
the property along
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Fairway Drive and at Riverside.
He cautioned that, on that basis, care must be taken when
equating narrow streets with lowering the cost of a development.
Commissioner Youngman noted that some people prefer to live in mobile
homes; and
they should be allowed an opportunity to make that choice.
e Planning Director Epple stated that the Manufactured Housing Institute has recently
released figures which show that manufactured homes, when placed on quasi-permanent
foundations, will actually appreciate in value. He also noted that those
statistics reveal that
manufactured homes no longer depreciate like a car does.
Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce,
suggested that the increased value of mobile homes in Bozeman is market
driven. She noted
they are encountering the same situation in Belgrade, where she serves
on the Planning Board.
The Planning Director noted that the City will see no enthusiasm from
the Southwest
Montana Building Industry Association for this type of development.
Commissioner Stiff cited the increasing lot rents as a problem for mobile
home
owners. He noted that, ideally, it would be nice to establish regulations
under which all mobile
I home parks would be required to operate.
Commissioner Frost stated that many of those who live in mobile homes
take pride
in how their homes look.
He then proposed that if a certain number of lots within a mobile
home park were sold, it could encourage everyone within that park to
take better care of their
homes because the pride of ownership would extend into the park.
Planning Director Epple stated that Bozeman's zone code is one of the
most liberal
as it pertains to modular housing. He noted that, while most zone codes
restrict that type of
housing to specific zones, Bozeman's code allows modular homes in all
zoning districts where
stick-built homes are allowed, provided they meet certain requirements.
Commissioner Stiff questioned what incentives there are for a property
owner to
establish a mobile home park.
e Neighborhood Coordinator Goehrung noted that some property owners will
establish
a mobile home park on a piece of property until a better use can be placed
on that property;
then the mobile home park use is terminated. He then noted that, because
of the covenants
in most mobile home parks, there is no place to relocate an older mobile
home, which further
restricts the availability of affordable housing.
09-12-94
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Planning Director Epple suggested that a receiving park be established which would
allow the older mobile homes that do not meet the covenants of the existing mobile home
parks. He then cautioned that he has received no inquiries from anyone interested in
developing a mobile home park.
. Responding to Commissioner Stiff, the Planning Director estimated that six to eight
mobile homes could be placed on one gross acre within a mobile home park. He then noted
that the upfront costs and the management aspect are two elements which seem to deter
interest in development of a mobile home park. He noted, instead, that most property owners
prefer to create a subdivision, sell the lots and not face any management details.
Neighborhood Coordinator Goehrung asked if developing a mobile home park on City-
owned land would be an item for consideration. He suggested that the City could install the
infrastructure, establish written policies and procedures, and charge the mobile homeowners'
association with management of the park.
Mayor Vincent suggested that the Commission review each of the recommendations,
arriving at a consensus on those items which they support. He suggested that they also give
I staff direction for developing specific policies for each of the recommendations.
. Following a brief discussion, Mayor Vincent asked that the afternoon agenda for next
week's meeting be kept as light as possible, with this work session to be continued at that
time.
Adjournment - 9:17 p.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.
e
ATTEST: J
at2~
ROBIN L. SULLIVAN
Clerk of the Commission
09-12~94