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HomeMy WebLinkAbout1994-05-31 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 31, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 31, 1994, at 3:30 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 for the regular meeting of May 16, the special meeting of May 19 and the regular meeting of May 23. . Presentation of annual library reoort for Calendar Year 1993 - Karen Vinton. Chair. Librarv Board of Trustees Ms. Karen Vinton, Chair of the Library Board of Trustees, distributed copies of the annual report for the Bozeman Public Library for Calendar Year 1993 to the Commissioners. She characterized the past year as another outstanding year in terms of circulation and reference questions as well as good all-around service. Ms. Vinton then highlighted the fact that a fairly major reorganization of library staff has occurred, with the retirement of Assistant Librarian Molly Pratt, with over thirty years of service. Also, computerization is being undertaken this year, with proposals currently being sought. . Ms. Vinton stated that representatives from the Bozeman Public Library, along with representatives from other libraries around the County, met with the County Commissioners regarding funding, or the lack thereof, for the upcoming year. She noted that the County Commissioners had also been invited to attend a Library Board of Trustees meeting earlier this year. 05-31-94 "' -- ---..- - 2 M Ms. Vinton stated that the Board and the staff have worked diligently to establish a long-range plan for the library. She also thanked Commissioner Youngman for attending the Board meetings this year. Commissioner Youngman stated she has been impressed with the Library's plans for . the future, noting they represent good long-range ideas. Mayor Vincent stated his appreciation for the staff's efforts on behalf of children in the community. He stated that, with the extensive programs available through the Library and the Recreation Department, particularly during the summer, he feels that Bozeman's youth are being well taken care of, even though the City is falling behind in some areas due to the growth that is occurring. Motion for reconsideration of Mathew Bird Creek Subdivision decision of May 23. 1994 City Attorney Luwe stated that under the Commission's rules of procedure, the Commission may vote to reconsider a decision made at a prior meeting. He stated that if the Commission votes affirmatively on this agenda item, then they may move to the next agenda . item for reconsideration. Mayor Vincent stated he has reviewed the State statutes and reviewed the record pertaining to this particular subdivision; and he does not believe it needs to be reconsidered at this time. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission reconsider its decision on the Mathew Bird Creek Subdivision made at the May 23 Commission meeting. 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. Possible reconsideration of Dreliminarv Dlat - Mathew Bird Creek Subdivision - Garv L. Voiat for . Gene Graf - subdivide 26.918 acres into 68 sinale-familv residential lots. Darkland and Dublic streets M SWy.... Section 19. T2S. R6E. MPM (south of Serina Meadows Subdivision) (P-9413) This was the time and place set for reconsideration of the preliminary plat application for Mathew Bird Creek Subdivision, as submitted by Gary Voigt for Gene Graf under Application No. P-9413, to allow the subdivision of 26.918 acres located in the southwest one-quarter of 05-31 M94 . -- - 3 - Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots, parkland and public streets. The subject parcel is more commonly located south of Spring Meadows Subdivision. Mayor Vincent stated he explained his vote last week. He then stated he feels that . he understands the Subdivision and Platting Act, particularly since he wrote the bill in 1975; and it has just been modified for the first time in the last legislative session. The Mayor then asked about a statement in the staff report under "effects on local services", asking if it is an admonition from staff to consider the impacts this proposed subdivision may have on the school district, and whether the Commission has adequate information available to make that determination. Assistant Planning Director Arkell responded that the letter from Mr. Gary Griffith, School District No.7, indicates that this subdivision, when combined with the others which the school district has recently reviewed, would create overcrowding in the school system. She suggested that, when reviewing a preliminary plat, the cumulative effects can be considered; however, she cautioned that just because a preliminary plat has been approved does not mean . a final plat will be submitted or that the lots will actually be created. Mayor Vincent then noted that both the City's Fire and Police Departments have indicated an eight- to ten-minute response time to the subject property and asked if that is adequate. The Assistant Planning Director stated that both departments have indicated they could provide service. She then reminded the Commission that until City water is extended to provide adequate fire protection, no building within the subdivision may occur. Further responding to questions from Mayor Vincent, Assistant Planning Director Arkell stated that improvements to South Third Avenue between Graf Street and Kagy Boulevard and improvements to the intersection of South Third Avenue/South Willson Avenue/Kagy Boulevard have been identified as high priority projects in the transportation plan . update; however, a schedule for implementation of those improvements and funding for the projects have not yet been established. In response to the Mayor, the Assistant Planning Director then indicated that in the staff report, staff suggests that a paved secondary access should be provided to ensure no 05-31-94 --." - - 4 - detrimental effect to the public health and safety; and that is one of the conditions forwarded by the Planning Board. Commissioner Stueck noted that at the May 16 meeting, most of the Commissioners indicated that a gravel emergency access would suffice now, as long as a paved secondary . access was installed before any further development occurs to the south or the east of the subject site. He then stated that if the Commission is going to note impacts on the school system for this subdivision, then that impact must be noted for every subdivision. Responding to questions from the Mayor, City Attorney Luwe stated that the state statutes require that a "subdivision must undergo review for the following criteria". He noted that no weight is assigned to those criteria; therefore, the Commissioners may balance them as they deem appropriate. Commissioner Stueck noted that every subdivision in the city and in the county close to Bozeman will impact the school system. He then stated it is extremely difficult to consider only one subdivision when addressing that issue, rather than looking at the whole picture. Commissioner Frost noted the Bozeman Area Subdivision Regulations require that a . paved secondary access be provided; however, it also gives the Commission authority to waive that requirement by majority vote. He then noted there are no objective criteria for considering effects on agriculture. Assistant Planning Director Arkell stated that addressing effects on agriculture is difficult. She reminded the Commission, however, that the subject parcel has been within the city limits for over twenty years, has been master planned for residential development and has been zoned for residential infill. She recognized that development of the site will take it out of its current agricultural use; but she also noted it is not a parcel located in the prime agricultural land lying outside city limits. Commissioner Frost stated he still has concerns about the traffic that will be generated by this proposed subdivision. He suggested that extensions of Graf Street and South . '11th Avenue could result in alleviating some of the traffic congestion on South Third Avenue and South Willson Avenue; however, those are not scheduled for the near future. He then noted that many of the statements in the preliminary plat application cause confusion. He stated that, while the subdivision is projected to reach full development within six years, the document suggests no impacts to routes or intersections. 05-31-94 --.--- - 5 - Commissioner Frost stated he would like additional information from staff, particularly regarding the Commission's legal basis and authority for making a decision and the objective criteria to be considered. He noted his main concerns revolve around transportation and safety. Commissioner Youngman stated she shares concerns about traffic impacts. She . noted. however, that this development cannot be conditionally approved based on the installation of off-site improvements unless the developer is made responsible for those improvements. Assistant Planning Director Arkell suggested that the Commission could develop a condition which would allow the developer to proceed with making the identified off-site improvements to move the project forward, or the project could be held until the improvements are made through another means. Commissioner Youngman stated her main concerns revolve around the increased potential for vehicular/pedestrian/bicyclist traffic along South Third Avenue, particularly with the imminent construction of another school in that area. Commissioner Youngman then forwarded her concerns about impacts on wildlife . habitat. She stated staff noted that in the report received, Kurt Alt, from the Montana Department of Fish, Wildlife and Parks, is referred to as saying that development of this site will have no negative impacts on wildlife. She stated, however, a telephone conversation with Kurt Alt revealed that, while big game winter range probably won't be impacted, habitat for other animals and birds will be negatively impacted. He also disavowed the statement attributed to him regarding development in the city. Commissioner Stiff noted that any development in this general area will affect a transportation system that already has problems. He stated that, unless the Commission is "dead serious" about pursuing the possibilities of a gas tax or bonding to implement needed transportation improvements, then he is concerned that the only other alternative is to stop development if concerns about transportation are that significant. He reminded the Commission . that improvements to the transportation system were first considered over twenty years ago; and they have not yet occurred. Commissioner Stiff stated he feels the same as he did last week; and he does not believe that the overworked staff is going to be able to solve every concern raised by each Commissioner. 05-31-94 - 6 - Mayor Vincent asked if any additional information received as a result of this reconsideration has any legal standing as a basis for the Commission's decision, if that information is designed to enhance or clarify the findings of fact which are contained in the staff report. . City Attorney Luwe responded that he must research the issue at this time; however, he will research it if the Commission does not make a decision today. He then stated he does not believe the Commission is under a deadline to make a decision on this item, since it is simply a reconsideration of a previous action rather than a ubdivision application. Commissioner Stueck noted that the Commission went through the recommendations from staff last week. He then expressed his extreme frustration with the process, stating that if the Commission wants to create a moratorium on development, it should just say so, rather than making developers jump through hoops and then denying the application. He reminded the Commission that no building permit has yet been issued for the school that is to be constructed on South Third Avenue; and he questioned using that school as a basis for denying this subdivision because of traffic concerns. He then noted it is not the developer's fault that . South Third Avenue is in its current condition--it is the fault of this Commission and previous Commissions for failing to address transportation issues. Commissioner Frost stated he is also extremely frustrated with the process. He stated that he still supports his previous position because he feels this proposed subdivision will have a major impact on the health, safety and welfare of the public and the community as a whole. He noted the Commission's job is to protect the community as a whole; and he takes that job very seriously. He stated that if the staff's response to his questions indicates that the original decision to deny this application was not legally defensible, he will reverse his decision; however, he will also try to mitigate impacts as much as possible. Commissioner Youngman stated some areas of the community are less ready to be developed than others; and remedies are more readily available for some problems than for . others. She noted that concerns are raised every time a project is proposed that would impact West Babcock Street because that street is already stressed; however, she noted that the City is closer to being ready to address those problems than it is to being ready to address problems along South Third Avenue. She noted that decisions by previous Commissions have lead to a pattern of development in the city and the county that does not allow for an alternative to 05-31-94 - . . .-- ,...- - . ---.--- - 7 - South Third Avenue. She then indicated that her negative vote last week was based on the fact that no simple ways to mitigate the impacts could be identified. Commissioner Stiff stated the Commission is discussing the same information it did before. He noted that he does not believe the Commission can implement a moratorium on . development, but must take care of the business which comes before it in a timely manner. He then expressed his confusion about why this item was placed on the agenda, noting it has resulted in the "same litany". Mayor Vincent asked that staff come back with responses to the questions and concerns which have been raised. He then stated that the issue of implementing a moratorium has been raised. He reminded the Commission that in the 2 % years that he has served on the Commission, no subdivision request has been denied except this one. he reminded the Commissioners that under the state statutes, the Commission is obligated to evaluate each application for subdivision in light of specified criteria and to reach a decision to approve, conditionally approve or deny that application. City Manager Wysocki reminded the Commissioners that they have a volume of . information on this application; and that is the information from which they must work. He further cautioned the Commissioners that any discussions pertaining to this application must be among themselves or with staff members only. Commissioner Stueck noted that last week, the Commission denied this preliminary plat on the basis of health, safety and welfare because of added traffic to South Third Avenue. He then asked how any other subdivision south of Bozeman which might impact South Third Avenue can now be approved, characterizing that as a moratorium. He noted this property has been zoned for residential infill for the past twenty years, recognizing that South Third Avenue would be the access. Commissioner Frost stated he feels it is important to spread the traffic out through extensions of other streets in the area. . Mayor Vincent stated he would view this project differently if the design for improvements to South Third Avenue were complete and the monies were in hand to begin construction of the improvements. He noted that any of the funding sources now available to the City must survive either a vote of the people or a public hearing, unless General Fund monies are used; and there is no guarantee that any of those would be successful. 05-31-94 - 8 - City Manager Wysocki asked that the Commissioners turn in any additional questions or concerns to staff by Thursday. City Attorney luwe requested that staff be given ample time to respond to the items forwarded by the Commissioners, suggesting that this item be brought back for further . consideration at the June 13 meeting. He then indicated that the applicant may receive copies of the comments forwarded by the Commissioners, so he has an opportunity to respond. Mayor Vincent requested that this item be placed on the June 13 agenda for further discussion. Continued Dreliminary olat review - Courtyard Cottages Subdivision - Ileana Indreland. Michael Delaney and Diamond Productions - to subdivide 37.781 acres into 121 single-familY residential lots - NE%. Section 10. T2S. R5E. MPM (east of Ferguson Avenue between West Babcock Street and Durston Road) (P-9411) This was the time and place set for continued review of the preliminary plat for Courtyard Cottages Subdivision, requested by Ileana Indreland, Michael Delaney and Diamond Productions under Application No. P-9411, to allow the subdivision of 37.781 acres located in the northeast one-quarter of Section 1 A, Township 2 South, Range 5 East, Montana Principal . Meridian, into 121 single-family residential lots. The subject site is more commonly located east of Ferguson Avenue between West Babcock Street and Durston Road. Assistant Planning Director Debbie Arkell reminded the Commission that this preliminary plat was considered by the Planning Board at their regular meeting held on April 19/ 1994; and the City Commission conducted its initial review at its meeting of May 9. She noted that at that time, the Commission directed staff to meet with the applicants' representatives in an effort to resolve some of the unanswered questions. She noted that, in response to that directive, on May 18, 1994, the applicants' representatives submitted an extensive document entitled Response to Proposed Conditions for approval of Courtyard Cottages Preliminary Plat Application, May 17, 1994 (with supporting documentation). She noted that the response . contains an extensive amount of information, along with revised drawings of the preliminary plat; and staff has had on opportunity to only briefly review that information. She stated that many of the issues which were unresolved at the May 9 meeting still remain unresolved. Assistant Planning Director Arkell stated it is very evident that the applicant and staff are not "thinking along the same lines" on some of the issues. She suggested, therefore, it 05-31-94 -.-.. .. _.~- '. ._---'~ ~_._~ - 9 - may not be possible to resolve those issues to the Commission's satisfaction. She then reviewed the contents of her memo dated May 26, which was forwarded in the Commissioners' packets, along with a copy of the applicants' response and a memo from City Engineer Brawner, dated May 25. She also reminded the Commissioners of the article which . Mr. Randall Arendt had written about cul-de-sac streets, which they had received in their packets a couple of weeks ago. The Assistant Planning Director briefly reviewed the contents of her memo, which includes an enumeration of eleven issues which were introduced in or created by the latest submittal. She also provided a listing of the proposed revisions to the 35 conditions previously submitted for approval of the preliminary plat. She stated one of the most critical issues is the applicants' proposal to provide for treatment of storm water run-off on private lots. She reminded the Commission that under the original proposal, detention ponds were to be provided, with the run-off being allowed to enter irrigation ditches or streams after appropriate retention. Under the new proposal, storm water would run down the streets into the cul-de-sac areas and then onto private lots. She stated the City Engineer has stated that detention areas . being designated on private lots is an unacceptable alternative because the lots are privately owned and there is no assurance that the lots will be graded as necessary to ensure appropriate detention. She further noted that many of those lots already have a very small building envelope, making placement of a home on those lots difficult at best. She noted that, in his memo, the City Engineer has recommended that the installation of suitable storm sewers be one of the primary improvements required for this subdivision. The Assistant Planning Director noted that under the new proposal, the applicants continue to propose dead ending of Broadwater Street rather than extending it through to Courtyard Avenue, as requested by staff. She stated this dead ending of the street negatively impacts traffic flow and creates the need for at least three non-standard remedies for extension of the water main. She noted the applicants are proposing to abandon some of the existing . looped water main system in that area, which will result in a 300-foot-long dead end water main along West Babcock Street between Courtyard Avenue and Ferguson Avenue. She stated that this results in problem for the City's Water Department employees as they attempt to address operations, maintenance and water quality issues. 05-31-94 - 10 - Assistant Planning Director Arkell stated that, while bull noses and traffic circles were added by the applicant at the May 9 meeting, they are not reflected on the new plans submitted. She stated their proposal is to install bull noses at every intersection and traffic circles at three intersections. She cautioned that to have both bull noses and traffic circles at . an intersection could inappropriately constrict traffic flows. She stated the City Engineer has indicated that the proposed four-way stop at Cascade Street and Courtyard Avenue does not meet the warrants contained in the manual on uniform traffic control devices. She further noted that, in conflict with staff recommendations, the applicant is proposing to install a barricade on Cascade Street at Ferguson Avenue, to prohibit its use as an east/west street in that area. The Assistant Planning Director stated that, while the architect's latest drawings show some improvements in the proposed park, no improvements are suggested in the preliminary plat except for a sidewalk. The Assistant Planning Director then stated the applicants are once again proposing the construction of this subdivision in three phases: the first is to include 14 lots, which will . be accessed by a 400-foot-long portion of Courtyard Avenue, with a cul-de-sac at the end; the second is to include 40 lots, under which Courtyard Avenue will be extended and Cascade Street is to be improved and barricaded; and the third is to include the remaining 68 lots, with extension of Courtyard Avenue through to Durston Road. While the streets are to be dedicated to the public, the covenants for the subdivision will provide that snow removal is the responsibility of the homeowners, because of the difficulties that their proposed plan would cause the City's street crews. The cul-de-sac streets are to be constructed in 50-foot-wide rights-of-way, and are to be improved to a 32-foot-wide standard, with a 3-foot-wide boulevard, a 5-foot-wide sidewalk and 1 foot to the property line on each side of the street. The applicants are also proposing that parking be allowed on both sides of the street and in the cul-de-sac. . Assistant Planning Director Arkell stated the applicants continue to proposed a 20- foot rear yard setback from Ferguson. She noted that, while this is allowable through the planned unit development process, under the standard subdivision process, a 25-foot setback is required from every street because a street frontage is considered a front yard, no matter where it may be located in relation to the lot. 05-31-94 -- .__.~. -. ----..- - 11 - Assistant Director Arkell stated that two variances from the subdivision regulations were discussed before the Planning Board. The first is to allow the block length from Cascade Street to Durston Road to exceed the 1300-foot maximum and the second is to allow the cul- de-sac streets to be located within a 50-foot-wide right-of-way rather than the required 60-foot- . wide right-of-way and to be paved to a 32-foot width rather than the required 37-foot width. In addition, the applicants have requested two variances from the zoning requirements. The first is to allow porches to extend 8 feet into the front yard setback rather than the 5 feet allowed under the code. The second is to allow one 15-foot setback and one 25-foot setback on corner lots rather than requiring two 25-foot setbacks on those corner lots. She noted that this provision applies to older portions of the community, where development has occurred and a precedence has been established for building closer to the street; however, that is not a provision which can be utilized in a new subdivision where the precedence has not been established. The Assistant Planning Director further cautioned the Commission that zoning variances cannot be considered under the subdivision process; and the applicants did not include the two subdivision variances in their application, so it may not be appropriate to . consider them, either. The Assistant Planning Director reminded the Commission that the subdivision review process is not like the subdivision planned unit development process or the zoning planned unit development process, under which design standards may be relaxed. She stated that, while that difference was pointed out to the applicants early on, they have chosen to follow the subdivision review process. She then cautioned the Commission that once a preliminary plat has been approved, the City cannot impose any additional conditions as a prerequisite to final plat approval. She noted, therefore, it is imperative that caution be taken to ensure that all issues are addressed at this time, emphasizing the difficulty of doing so when eleven new issues have been raised in the past two weeks. She also reminded the Commission that staff has not had an opportunity to conduct an in-depth review of the Responses forwarded by the . applicants in preparation of their recommendations for revisions to the conditions which had been forwarded by the City-County Planning Board. She then reviewed those proposed revisions, noting the applicants do not agree with all of them. Responding to Mayor Vincent, the City Manager noted that Ferguson Avenue is currently improved to a gravel road standard. He reminded the Commission that it is typical 05-31-94 ------.-----.--....-......--.-...-. ....-. - - -..- -.. -. ---.--. .-. ..- --- .. - 12 - to require a developer to either improve a perimeter road or require the developer to participate in improvements to that road through a special improvement district. He cautioned that to do anything different in this instance would be inconsistent. He then reminded the Commissioners that they have received an extension of the time limit for review of subdivisions from the . applicants. He stated that a decision must be made today; or the Commission must seek another extension from the applicants. Commissioner Frost noted his surprise at receiving another new submittal from the applicants, stating he thought the applicants had been advised to base any comments on the submittal before the Commission at the last meeting. He stated that the new submittals which have been forwarded at various stages through the process have made review extremely difficult. He then asked how much staff review time has been spent on the new proposal. Assistant Planning Director Arkell estimated that Planning staff has spent fifteen hours and the City Engineer has spent eight hours on review of the new submittal. Responding to Commissioner Youngman, the Assistant Planning Director stated the proposed improvements to Ferguson Avenue for this project are very similar to those required . for Fowler Avenue in conjunction with the Valley Creek Subdivision, although they are not identical. Further responding to Commissioner Youngman, the Assistant Director stated that, typically, water mains are extended down every major street. She stated that anything less could result in limiting how development across the street may occur. Responding to Commissioner Stueck, the Assistant Planning Director stated it would be possible to approve just Phase I, and require that the remainder of the subdivision be subject to further review. She noted that in that case, a master plan for the remainder of the subdivision would be required. The City Manager cautioned that if only one phase were to be approved, it could substantially change a number of the conditions. . Responding to Commissioner Youngman, the Assistant Planning Director stated that it would be possible to require an easement for looping of the water main if Broadwater Street is not extended through. She noted the easement would be thirty feet wide; and nothing may be built over it. 05-31-94 - ----- -- - .",- -- --- ~ - 13 - Mr. Don McLaughlin, architect representing the applicant, admitted his opinions differ from those of staff; however, he is just trying to create a quality development. He then characterized the Response to Proposed Conditions as simply the response requested by the Commission, combining all of the different recommendations from the various meetings into . one document. He noted it took four days to prepare the book; and he is disappointed that the Commission did not receive it until Friday. Mr. McLaughlin reminded the Commission that there is no neighborhood opposition to this proposed subdivision. Mr. McLaughlin noted the issue of cul-de-sac streets is the heart of this project. He refuted the article on cul-de-sac streets by Mr. Arendt by quoting from a planning book written by Mr. Chrisopher Alexander, in which he suggests that restricted access should be provided to neighborhoods, optimally at a ratio of one-half the accesses in a typical grid system. This serves to identify the boundaries of the subdivision and encourage neighborhood development. He noted that under this application, slightly less than one-half of the accesses are to be eliminated. . Mr. McLaughlin stated that he also spoke directly to Mr. Arendt, who is familiar with Bozeman, and explained this proposed subdivision to him over the telephone. During that conversation, he found that the excerpt in the magazine article was taken out of context from a chapter of a book and, in fact, Mr. Arendt indicated that he "uses cul-de-sacs all of the time". He then reminded the Commission that in this proposed subdivision, the longest cul-de-sac street would be 200 feet long. Mr. McLaughlin reminded the Commission that, as originally zoned, this subject parcel could have generated 1 ,000 vehicle trips per day. Under the R-3 zoning, 200 vehicle trips per day would be generated; and with the covenants restricting development to essentially an R-2 zoning designation, that number drops even further. Responding to Commissioner Stueck, Mr. McLaughlin stated that the bull noses at the . intersections and the traffic circles have been added as a result of comments made at the Planning Board meeting. He suggested those can easily be eliminated, thus reducing the costs of developing the subdivision. Further responding to Commissioner Stueck, Mr. McLaughlin stated the applicants are willing to participate in a special improvement district for improvements to Ferguson Avenue 05-31-94 -. __ .._,_ ..__.___u _~.'___.__.".'. - 14 - and to provide waivers of right to protest at this time. He stated, however, they wish to limit the amount of traffic which travels through the subdivision, which is the reason for proposing the barricade at the end of Cascade Street. City Manager Wysocki reminded the Commission of the City policy under which an . individual who has failed to make payments on a prior special improvement district assessment is not granted the option of using future special improvement districts for another project. He cautioned the Commission that in this instance, one of the owners has failed to perform on previous assessments. In response to questions from Commissioner Youngman, Mr. Don McLaughlin forwarded his responses to the items contained in City Engineer Brawner's memo. He stated that a revised utility site plan is to be forwarded as a part of the final plat process. He noted that the other plat deficiencies enumerated in the memo will be corrected. Mr. McLaughlin next addressed the storm water issue, stating the applicants are willing to install a conventional storm drain system if that is required. Mr. Rick Kerin, engineering consultant representing the applicants, addressed the . issue of the water main in Broadwater Street. He stated that under the applicants' proposal, the same situation will be created along West Babcock Street as will be created along Durston Road. He noted that in both instances, a dead-end water main approximately 300 feet long will be created until the lines are extended for any future development west of Ferguson Road. He stated that both dead~end lines will be equipped with a fire hydrant at the end so they can be blown down as needed to ensure the quality of the water in the mains is not compromised. He also questioned the need to extend the water main down Ferguson Avenue, suggesting that it could be extended along Courtyard Avenue and provide the same results. Mr. Don McLaughlin asked that improvements to Durston Road adjacent to this subdivision be to a County road standard rather than to a City standard. He stated the applicants also wish to sign a waiver of right to protest the creation of a special improvement . district to improve Durston Road to a City standard street. City Engineer Craig Brawner reminded the Commission that Durston Road does not have the same percentage of waivers that West Babcock Street has; therefore, creation of a special improvement district for improvements to that road may not be as easily accomplished. 05-31-94 .- - 15 - He then stated he feels it is important that a sidewalk be provided along Durston Road on this subject parcel. Mr. McLaughlin stated he has no preference about whether Courtyard Avenue has a one-way or a two-way split entry. . Mr. Rick Kerin stated he feels that the issues of infrastructure plans and specifications and construction were resolved this morning as a result of conversations with the City Engineer. He suggested this can be adequately addressed in the final plat process. Mr. McLaughlin stated he does not believe the installation of sidewalks should be required with the improvements to Ferguson Avenue. He noted that the lots within this subdivision do not have access to Ferguson Avenue; and he still questions the requirement for a 25-foot setback in this subdivision when other subdivisions have been approved with a 20- foot setback requirement. Mr. McLaughlin then addressed ditch relocations. He stated the applicants wish to have an open ditch, like exists in front of the High School and along South 19th Avenue, so it can serve as an amenity for the subdivision. He stated, however, that if necessary, the ditch . can be placed in a culvert. Mr. McLaughlin stated that he proposed four-way stop signs at Cascade Street and Courtyard Avenue as a result of discussions at the Commission meeting on May 9. He indicated no problem with eliminating the stop signs; however, he thought they may be a way to slow traffic. He then addressed the issue of improvements to Ferguson Avenue, stating the applicants prefer to provide a waiver of right to protest the creation of a special improvement district for those improvements. Mr. McLaughlin also questioned the need to extend water and sewer lines down Ferguson Avenue. He suggested that any future development along the west side of Ferguson Avenue could be oriented so that there is no direct access onto Ferguson; and he does not believe that the lack of water and sewer lines in Ferguson Avenue will limit development of that . property. Commissioner Stiff forwarded his concern that every time the Commission has considered this subdivision, new information has been forthcoming from many different directions at the last minutes. He stated it is extremely difficult to address an item that is constantly changing. 05-31-94 --- .....--- ~ 16 ~ Mayor Vincent stated he cannot "cast an intelligent vote" on this application today because of all the new information received. City Manager Wysocki stated that City staff has spent 23 hours on this application to date. He further noted that what is being proposed under this preliminary plat application . would be more appropriately addressed through the subdivision planned unit development process; but the applicants have not chosen to use that option. He then reminded the Commission that the staff's recommendation is before them. Responding to questions from Commissioner Youngman, Mr. McLaughlin stated the applicants are willing to drop the requests for variances, noting those came forward as recommendations from the Planning Board. He then forwarded his lack of interest in going through the planned unit development process, stating that if one "cannot bring good design to a subdivision, I am questioning that process". Commissioner Frost stated he feels this proposed subdivision includes good design; however, he noted that design must be introduced at the beginning of the review process rather than sporadically along the way. He noted that the applicants' comments reflect the fact . that many of the issues seem to have been resolved earlier today; however, the Commission is not certain that resolution was indeed reached. He then stated he is not prepared to make a decision today. He forwarded his frustration at receiving new plans just prior to the May 9 meeting and just prior to this meeting, particularly when the new plans did not include all of the items mentioned in the Response. Planning Director Epple suggested that many of the technical issues can be addressed by staff after the Commission's decision, provided adequate conditions are included in approval of the preliminary plat. He then reminded the Commission that the Planning staff is not comfortable with a design that includes 16 cul-de~sac streets. Responding to Commissioner Frost and Commissioner Stueck, the Planning Director stated that staff has already spent many hours on this subdivision. He then stated that, if . directed to do so by the Commission, staff can spend more time on it, although he cautioned that the differences between staff and the applicant will still remain. He also stated that he believes the Commission has all of the information needed from staff upon which to base its decision. 05-31 ~94 ___n _____ _ .______ - 17 - Mayor Vincent stated he feels this proposal may be "on the cutting edge" to addressing some of the problems which the community is currently facing. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that she believes the revisions which she proposed to the various conditions will allow for adequate . Engineering Department reviews and approvals to ensure that all of the technical issues are adequately and appropriately addressed. City Manager Wysocki asked the Commission to very carefully consider whether it wishes to extend the option of waivers for the creation of special improvement districts in approval of this preliminary plat. Mr. William S. Reed, attorney from Denver, stated he represents Diamond Productions, Inc., which, along with Ileana Indreland, holds 75 percent interest in this development. He stated that neither he nor any of the investors in Diamond Productions, Inc., have ever failed to pay on special improvement district assessments in Bozeman. Responding to questions from the City Manager, Mr. Reed stated he does not believe the name Delaney and Company is reflected on the deed for the subject property. . The City Manager cautioned that when he checked the public records a couple of weeks ago, the name did show. He stated that if that name is no longer attached to this property, he will withdraw his comments. Mayor Vincent stated that if the Commission decides to wait one week to make a decision, it will accept no new information. Mr. Don McLaughlin stated that if a one-week extension of the deadline would be meaningful and make a difference in the decision, the applicants would be willing to provide one. Mayor Vincent asked if the Commissioners wish to make a decision today or seek an extension from the applicants so action can be taken next week. Commissioner Stueck stated he would like a response from City Engineer Craig . Brawner prior to making a decision. Following a majority of the Commissioners indicating their desire to wait until next week to make a decision, City Attorney Luwe advised that Commission approval of the two variances to the subdivision regulations and the two variances to the zone code would be contrary to the subdivision regulations and the zone code. 05-31-94 - - 18 - Mr. McLaughlin stated he is not comfortable with the Commission receiving any additional input from staff, except possibly for the City Engineer. At the Commission's request, Ms. Ileana Indreland granted the Commission a one- week extension for review of this preliminary plat. . Recess. 6:05 p.m. Mayor Vincent declared a recess at 6:05 p.m., to reconvene at 7: 15 p.m., for the purpose of completing the routine business items. Reconvene - 7: 15 p.m. Mayor Vincent reconvened the meeting at 7: 15 p.m., for the purpose of completing the routine business items. Consideration of petition to close Perkins Place Included in the Commissioners' packets was a memo from City Attorney Luwe, dated . May 24, forwarding information on the procedure to be followed for closure of a street. Neighborhood Coordinator/Grantsperson James Goehrung noted that a memo which he had prepared, dated May 25, along with a map showing all of the lots which abut Perkins Place and a listing of those properties which have direct access onto that street were distributed to the Commission just prior to the meeting. He also noted that the Commissioners have received letters from three residents in the area, including one in support of and two in opposition to the proposed closure. Coordinator Goehrung stated that the costs of installing a barricade are estimated at $2,160, which includes only the costs of the barricade and its installation. He noted that no provision for a formal turn-around area is included in that estimate. Responding to Commissioner Stiff, Coordinator Goehrung stated that in the . Transportation Plan update, this project is listed as a TSM, with suggested funding sources being the Gas Tax monies or the General Fund. He noted that discussions at the Commission meeting held two weeks ago suggest that the Commissioners may be interested in requiring the neighbors to bear those costs instead. 05-31-94 ---.------.------- ---. -.. _...._ .______..___ ..n - 19 - Mr. Rudolph Svehla, 419 East Lamme Street, noted he has been raising concerns about Perkins Place for the past seven years. He characterized Perkins Place as an alley rather than as a street, particularly since the right-of-way is 30 feet along a majority of its length, narrowing to 20 feet on the south end, by his house. He stated that hard surfacing has been . attempted, but it has now deteriorated, resulting in pot holes. He further noted that those improvements only result in vehicles traveling faster, which is undesirable. However, with the gravel surface, neighbors then encounter problems because of the attendant dust and noise. Mr. Svehla stated that he has showed the petition to his attorney, Mr. Chuck Angel; and his attorney has indicated the petition appears fairly legal. He noted his attorney also questioned whether the statutes and process which the City is following in addressing this item are appropriate, or whether an alternative may be more appropriate. Mr. Svehla stated that, rather than going through another process to determine whether a majority of the neighborhood would support the installation of a barricade if they have to bear the costs of that installation, he will pay those costs. Mr. Rudy Svehla then showed a half-hour video of Perkins Place and North Rouse . Avenue, centering on the traffic which uses Perkins Place. The video also showed the activities along East Lamme Street at Perkins Place, particularly with Hawthorne School across Lamme and Snoopy's Dug Out across Perkins from his property. He also noted that the mailboxes for those homes along Perkins Place are located close to his property; and that creates an additional disturbance. Mr. Svehla stated that residents in the immediate area do not want to have Perkins Place paved. He noted that many of the people living there are either retired or are young families just getting started, and neither category can afford to pay the costs of a special improvement district for paving. He also emphasized the fact that will only serve to encourage traffic to travel faster, causing even more concerns for the safety of those living in the area. . Mr. Svehla noted that allowing two apartment complexes to be constructed in the 1980's, with access from Perkins Place only, has served to compound the traffic problems. He suggested that to require those complexes to provide access via their North Rouse Avenue frontages could mitigate many of the impacts. Mr. Svehla noted that if a lockable gate is installed as the barricade, the Fire Department personnel could unlock and open the gate to gain access to an emergency situation 05-31-94 ~ 20 . if necessary. He then encouraged the Commission to approve this request, reiterating his commitment to bear the costs of that installation. Mrs. Mary Ann Svehla, 419 East Lamme Street, reviewed the history of the Skiway Apartments, which went through the Board of Adjustment in 1977 for a variance to the 25. . foot setback from Perkins Place, thus allowing the parking to be located in that frontage. She noted that the apartments constructed by Polettes in 1982 also went through the variance process before the Board of Adjustment, allowing them to use Perkins Place for their access. She noted that lot extends to Rouse Avenue; however, Mr. Polette indicated his intent to subdivide that lot in the future, thus allowing the construction of additional units along that frontage. Mrs. Svehla then reviewed some of the comments contained in the memos from various City departments. She noted that, while most of those department heads indicated no support for closure of the street, many of them did mention safety issues and concerns. She stated that, given the vehicular, bicycle and pedestrian traffic which use this narrow roadway, safety is a definite concern. She stated this road should not be compared to North 20th . Avenue, because the circumstances are substantially different. Mr. Mike Edgerley, 305 North Church Avenue, stated he has grown up at that address, since his parents have lived there for 25 years. He noted that many of the neighbors did not really believe the City would seriously consider the installation of a barricade across Perkins Place. He noted that Mr. Svehla is correct in his belief that there is too much traffic on Perkins for its size; however, he does not believe that a gate or a barricade is the answer. He stated that requiring the apartment owners to provide access onto North Rouse Avenue would dramatically decrease the amount of traffic using Perkins, thus eliminating the concerns which have been expressed. Mrs. Donna Edgerley, 305 North Church Avenue, stated she agrees there is a . problem; however, she does not believe a gate is the answer. She suggested that access onto North Church Avenue and North Rouse Avenue from Perkins Place would better address the issue. Ms. Luella Polette, owner of the brown apartment building, stated she has submitted a two.page letter to the Commission. She briefly highlighted the main points in that letter. She stated that to encourage vehicles to turn around in the parking lot for the apartment building 05.31-94 --..-- --.-..-- -.-- - 21 - could cause serious problems, including risks to the safety of her tenants' children and increase potential for vehicular collisions. She recognized that the parking lot is often used as a turn around at the present time; however, the installation of a barricade would only compound the problem and reflect City sanction of that use. . Ms. Polette noted she does not dispute the fact that there is a problem with the street. She stated, however, that she does not support requiring the owners of the apartment buildings to provide access to North Rouse Avenue because that would decrease the value of those properties fronting on Rouse and decrease the potential for development on those lots. She also indicated she does not support the possible designation of Perkins Place as a private street, because she does not believe a cohesive, active homeowners' association could be developed to ensure that the street is adequately maintained. Ms. Polette stated that traffic problems on Perkins Place have existed for years; and, in fact, they existed when Mr. Svehla purchased his home. She then encouraged the Commission to seek a solution other than the proposed barricade. Mr. Greg Beardslee, 221 North Church Avenue, stated he has lived there for nine . years. He stated that over the years, he has had trouble with the traffic on Perkins Place, many of those involving renters in the two apartment buildings. He noted that his young children walk along both North Church Avenue and Perkins Place; and he is concerned about their safety when they are walking along Perkins. He stated that, while the problems have decreased in the past three years, one bad renter could change the whole picture again. Mr. Beardslee noted that a couple of years ago, Mr. Polette agreed to the installation of a barricade, as long as that barricade was located one property north of his apartment complex. He then encouraged the Commission to support the installation of a barricade, characterizing it as the best alternative to the existing problems. Commissioner Stueck stated that everyone recognizes the problems that exist along Perkins Place. He then reiterated his philosophical position, which is one of opposition to the . closing of any City streets. He suggested, however, that this street/alley is somewhat different. He stated that he is concerned about the installation of a barricade which results in people turning around on private property; and he is not comfortable with the burden that places on the property owner. He noted the alternative of speed bumps, stating he recognizes 05-31-94 --- ----. - 22 - a liability factor may be involved. He further noted that the roadway is posted with a speed limit of 10 miles per hour. Commissioner Frost stated he feels the only option available is to close the street; and he is not comfortable with that option unless a vast majority of the impacted residents indicate . support for the closure. He then noted the importance of installing "dead end street" signs if a barricade is installed, to reduce the number of people who may try to drive straight through. He also expressed concern about the turn around situation, stating he does not feel it is appropriate to create a situation that will result in vehicle lights shining in the windows of someone's home. He suggested that this option could be tried for one year, and then reviewed to determine whether it is appropriate. Commissioner Youngman stated her review of the petition received reflects that 60 percent of those residing along the street, or which have access only from this street, have signed the petition. She then stated that, while she is also philosophically opposed to the closure of streets, she feels this is a peculiar situation that warrants consideration. She noted the only viable remedy forwarded to date is closure of the street; and she is willing to consider . it on a trial basis. She noted that if a review reveals that the barricade creates more problems than it solves, then another alternative may need to be considered. Commissioner Stiff noted that people who have previously owned the property now owned by Mr. Svehla were able to purchase that parcel at a very desirable price because of the complications attached to Perkins Place even many years ago. He characterized Perkins Place as "an alley plus". He then stated that he is very much opposed to closing methods of getting people from one place to another. Mayor Vincent stated he could support closure of Perkins, only after he is convinced there is no other solution. He noted that liability concerns are the standard response to the suggestion of speed bumps. He stated that if determined an acceptable method of deterring traffic, he could support the installation of speed bumps rather than closure of Perkins. . Mayor Vincent then asked how much of the total volume of traffic is actually through traffic, and how much of the traffic is traveling to a destination along that roadway. He noted that if 70 to 80 percent of the traffic on the street is stopping along the way, then a barricade will not provide the reduction in traffic that the petitioners are seeking. 05-31-94 _n.._.. - 23 - City Manager Wysocki noted that in the video which Mr. Svehla provided, none of the vehicles traveled straight through the street. Neighborhood Coordinator Goehrung stated he has heard three issues raised: (1) the location of the mailboxes; (2) safety of the children; and (3) general traffic on Perkins. He . stated a willingness to talk to the Post Office about relocating those mailboxes, noting that could possibly be accomplished in conjunction with the Montana Department of Transportation project for upgrading of North Rouse Avenue. He then noted that the Salvation Army is beginning to fence its lot, to ensure the safety of the children at that facility; and he may pursue the possibility of designating North Rouse Avenue and East Lamme Street, rather than Perkins Place, for loading and unloading of children. The Coordinator noted that this issue has been before the Commission at least three times, and possibly more. He noted the problems have evolved over a period of years, and suggested that the City may not be able to effectively solve those problems with just one decision. Responding to Mayor Vincent, Coordinator Goehrung stated that the proposed . barricade would be located approximately mid-block, between the two apartment buildings. Further responding to Mayor Vincent, City Attorney Luwe suggested that a turn around should be provided if a barricade is installed. He then suggested it may be possible to obtain easements from adjacent property owners for those turn arounds. Mr. Greg Beardslee suggested that after people get used to the barricade in Perkins Place, a turn around will not be necessary. City Manager Wysocki expressed concern about an additional amount of traffic turning around on someone's private property. Commissioner Frost stated that, hopefully, those living in the apartment buildings would be able to provide an idea of the number of people turning around because of the barricade, if a barricade is installed on a temporary basis for a period of one year and then . reviewed. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the closure of Perkins Place for a period of one year with a barricade, installed at approximately mid-block, with "dead end street" signs to be posted at both ends of Perkins Place, with the costs to be borne by the abutting property owners, contingent upon 05-31-94 ------ .-- --- - - - 24- the City Attorney determining the legal sufficiency of the petition and contingent upon acquisition of an easement for a turn around area, with the situation to be reviewed one year after installation of the barricade to determine whether it should be allowed to remain in place. 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. City Attorney Luwe stated he will bring back a resolution for temporary closure of the roadway for Commission action. He then noted that this same process must be followed in one year, to determine whether the closure should be made permanent. Continued Dublic hearina - Commission Resolution No. 2966 - intent to create SDecial Imcrovement District No. 659 - caving and storm drains - North 19th Avenue from West Oak Street to Baxter Lane This was the time and place set for the continued public hearing on Commission Resolution No. 2966, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2966 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,390-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki requested that this continued public hearing be further continued to 3:30 p.m. on June 6, 1994, to allow him an opportunity to talk further with the two property owners who would be involved in this special improvement district. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the public hearing be continued to 3:30 p.m. on Monday, June 6, as requested by the City Manager. 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. 05-31-94 - 25 - Acknowledae receiot of reauest for creation of a sDecial imDrovement district for construction of West Oak Street, includina water imorovements, from the west edge of North 19th Avenue to the west edoe of the oublic Dark City Manager Wysocki noted that the letter of request, dated May 12 and signed by Don Cape and Michael Garrity, was included in the Commissioners' packets. He then requested . that the Commission acknowledge receipt of the request and refer it to staff. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission acknowledge receipt of the request for creation of a special improvement district for improvements to West Oak Street, west of North 19th Avenue, and that it be referred to staff for review and a recommendation to be brought back later. 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. Discussion - Governor's reauest for Enhancement Funds Included in the Commissioners' packets was a letter from Governor Racicot and . Secretary of State Cooney, dated May 9, asking local governments not intending to expend all of their Community Transportation Enhancement Program (CTEP) monies on local projects to allocate some of their monies to the Capitol Restoration project. City Manager Wysocki stated that conversations with a couple cities and a couple counties in the State revealed that those entities do not plan to dedicate any of their monies to this project. He then reminded the Commission that CTEP monies are federal highway funds administered through the State. Following a brief discussion, a majority of the Commissioners concurred that the City has more than enough priority projects upon which to expend the CTEP monies and that there is no excess to allocate for the Capitol Restoration project. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Derek Strahn, on behalf of the Beautification Advisory Board, 05-31-94 . 26 - dated May 20, asking that the Board be placed on the agenda to discuss possible development of a sculpture park on North 7th Avenue. The City Manager noted this will be placed on an agenda in the near future for discussion. . (2) Copy of the notice of vacancies on various boards and commissions. (3) Letter from Chris Boyd, Executive Director of the Gallatin Valley Land Trust, dated May 6, to the Recreation and Parks Advisory Board, regarding trails around the community. (4) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Carnegie Building. (5) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse, along with daily minutes for the week of May 16, and minutes for the public meetings held on May 3, May 10 and May 17. (6) The City Manager distributed copies of a memo from Assistant City Manager Brey and Planning Director Epple, dated May 27, regarding supplemental master plan studies. . (7) The City Manager submitted his weekly report, as follows. (1) Received a telephone call from one of the board members of the Southwest Montana Building Industry Association informing him that the guest column by Mr. Russ Squires was his own opinion and does not represent the Association, even though he is a member of the board. (2) Announced that the two projects funded through enhancement monies in process now include the pedestrian way along Highland Boulevard and enhancements on North Rouse Avenue. (3) Met with City staff and representatives from the Farmer's Canal Company to discuss guidelines and conditions for projects which involve the ditches, at which time he asked for a map showing where all of the ditches are located. (5) Noted that the amount being dumped at the landfill is currently running two to three times the normal amount, which suggests that many people are hauling their own garbage rather than contracting with the private hauler. (6) Reminded . the Commission that today is the last day to pay second half assessment. (7) Noted a new rail fence is being constructed on Peet's Hill by an Eagle Scout; and the warming hut is being refurbished by interested citizens. (8) The City Manager reminded the Commission of the meeting scheduled for 05-31-94 - 27 - 7:00 p.m. on Thursday, June 2, by the Department of Health and Environmental Sciences regarding the Bozeman Solvent Site, which is now a superfund site. City Attorney Luwe stated that he and Mr. Barry O'Connell, the City's attorney in this case, have determined it would be appropriate to have only one Commissioner present and . speaking at that meeting. He noted that the Mayor has been selected to represent the Commission, and will be briefed on Wednesday afternoon. (9) Commissioner Stueck stated that, hopefully, earthmovers will begin to move dirt in the Valley Unit park area, to prepare a site for the new ballfields, as they begin to do work in the Valley Creek Subdivision. He noted that the ditch across the School District property will be relocated at the same time. Responding to Commissioner Frost, Commissioner Stueck stated this project is going through the Board of Adjustment process, as required under the zone code. He then asked if it would be possible for the Commission to waive the building permit fee for this project; the City Manager recommended that the fee be paid from the City Commission's budget unit instead. (10) Commissioner Frost submitted the following. (1) Asked that the process and . timeline for policies and regulations regarding wetlands habitat, stream corridors and ridge line overlays be placed on next week's agenda, for an update on what needs to be done and when it can be implemented. (2) Asked that the process and timeline for creation of a special improvement district for improvements to West Babcock Street be placed on next week's agenda for discussion. (11 ) Commissioner Youngman submitted the following. (1) On Thursday she will meet with people who are knowledgeable about wetlands and stream corridor issues, in an attempt to identify those areas and the degree of protection they need. (2) Attended the rally against racism this past week. ( 12) Commissioner Stiff submitted the following. (1) Stated he has information on low-income housing which may be of interest to the other Commissioners. He noted that e the information includes floor plans for homes which are 100,200,400, 600,800 and 1,000 square feet in size, and represent the low side of low-income housing. (2) Asked that a follow- up discussion on the town meeting and the possibility of placing a bond issue for transportation projects on the ballot be placed on the agenda as soon as possible. 05-31-94 - 28 - ( 13) City Attorney Luwe stated that conversations with Barry O'Connell have revealed that another insurance may be willing to participate in the Bozeman Solvent Site, in an arrangement similar to that negotiated with Safeco Insurance, in a 4-percent prorata share. (14) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the . agenda for next week's meeting. (2) Announced the proposals for the new telephone system are due at 5:00 p.m. tomorrow evening. (3) Stated that the remainder of her week will be devoted to working on preparing bid documents for the janitorial services for the coming fiscal year as well as reviewing the telephone proposals. (4) Noted that Anchorage was an interesting community to visit, highlighting some of the statistics about the city as well as the state. (15) Mayor Vincent submitted the following. (1) Suggested that next week's Commission meeting begin at 3:00 p.m. due to the length of the afternoon agenda. The Commission concurred. (2) Requested that a discussion on the start time for Commission meetings during the summer be placed on next week's agenda. (3) Reminded the Commissioners of the petitions for the two constitutional initiatives which are being circulated . as well as the potential for impacts on funding for local governments as a result of the upcoming legislative session. He cautioned the Commissioners to keep these items in mind when considering a bond issue for transportation projects. (4) Attended the rally against racism, noting it was a nice event held on short notice. (5) Recognized the level of frustration being encountered over land use decisions. He suggested that the complexities and controversial nature of projects being considered now and recently tend to increase the amount of frustration over a project. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Permission to conduct "March for Jesus" - 10:00 a.m.. Saturday. June 25. . 1994- Main Street from Willson School to Lindlev Park Permission to conduct Sweet Pea '94 oarade - 10:00 a.m.. Saturday. Auaust 6. 1994 - Main Street from 11 th Avenue to Church Avenue Acknowledae receict of reauest for annexation - M.G. Merrill. S.M. Barnard. and W.W. & C.W. Locke - Lots 4. 5. 6. 7 and 8. Lewis Subdivision (2111 and 2119 Sourdough); refer to staff 05-31-94 --"- - 29 - Deviation from Section 18.18.050 of the Bozeman Municipal Code. to allow relocated garage to encroach 3 feet into reauired 8-foot side yard setback - Jeff and Vicki Downhour. 418 South Bozeman Avenue; oer DRB recommendations (Z-9465) Deviations from Sections 18.50.050 and 18.50.060 of the Bozeman Municioal Code. to allow an existing structure that encroaches into rear and side yard setbacks and exceeds 25% of rear yard to . be expanded with a second floor - Troy Core. 531 North Bozeman Avenue; oer DRB recommendations (Z-9464) Deviations from Sections 18.50.050 and 18.50.060 of the Bozeman Municioal Code. to allow reolacement of single-car garage with double-car aaraae which encroaches 7 feet into 10-foot rear yard setback and 1 foot into 15-foot corner side yard setback - Paul and Shellie Barber . 403 South 10th Avenue; oer DRB recommendations (Z-9467) Permission to close Main Street and to reserve Bogert Pavilion for "Taste of Bozeman" - 5:30 c.m. to 10:00 c.m.. Wednesday. August 3. 1994 It was moved by Commissioner Stueck. seconded by Commissioner Frost, that the Commission approve the Consent Items as listed. and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner . Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 9:26 o.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: ()~ / ~ ROBIN L. SULLIVAN Clerk of the Commission 05-31-94