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HomeMy WebLinkAbout1994-01-24 ccm -...- - ...-...-... --------... . "'-;....... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 24, 1994 ***************************** >j,. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 24, 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. Mayor Vincent asked if any of the Commissioners wanted to remove any of the Consent Items for discussion. City Manager Wysocki requested that Commission Resolution No. 2951 be removed for discussion. Minutes - Januarv 18. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the regular meeting of January 18, 1994, be approved as amended. The mot,ion 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. Continued Dublic hearing - Ordinance No. 1377 - establishina a neighborhood Darkina district near the Montana State University camDUS This was the time and place set for the continued public hearing on Ordinance No. 1377, as approved the City Attorney, entitled: ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED . BY ADDING SECTION 10.32.395, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAMS. Mayor Vincent reopened the continued public hearing. 01-24-94 - 2 - City Manager Wysocki reminded the Commission that this hearing was continued at last week's meeting to allow an opportunity to enter any additional testimony the Commissioners may have received during the week into the record. He noted that several letters were included in the Commissioners' packets. He then entered into the record additional letters from Tom . Kalaris, 205 South 7th Avenue; Dr. Laurence M. Carucci, 5357 Thatcher Drive; John H. Rumely, 910 South 6th Avenue; Stephen A. and Catherine L. Aaberg, 712 South 7th Avenue; Dan Kostelnik, 408 Helen, Belgrade; notes on a telephone call from Robert Snyder, MSU faculty member; Joe and Janet Colombo, 1003 West College Street; John Rompel, 509 South 12th Avenue; and notes from Commissioner Youngman regarding two conversations in which she was involved. He noted the Commission has also received additional information from Mr. Dalton Burkhalter, 1429 South 5th Avenue, regarding the proposed parking district. Assistant City Manager Brey stated that, included under "FYI Items" in the packet is a petition requesting that the 600 block of South 11 th Avenue be removed from the parking district if it is created. He then very briefly reminded the Commission of the purpose for this continued public hearing, the boundaries of the proposed parking district and the hours that the . parking restrictions are to be in effect. He reminded the Commission that more restrictive parking restrictions will take precedence over the neighborhood parking district provisions, and the locations of those restrictions. Responding to Commissioner Frost, the Assistant City Manager suggested that rush week activities and other special activities for fraternities and sororities can be accommodated under the special gathering provisions of the ordinance. He noted that each request will be considered on a case-by-case basis. Further responding to Commissioner Frost, the Assistant City Manager stated that a record of the number of permits and guest permits issued to a residence must be maintained. He noted these records will help to tie vehicles back to specific residences and help to identify any problems that may arise. . The Assistant City Manager then responded to questions from Commissioner Frost regarding the concerns raised by the business owners on West College Street. He noted that two-hour parking is an available option. He also indicated that providing transferable permits for a business, in a number equal to the number of employees on a peak shift, seems like a reasonable alternative that can be accommodated under the ordinance as drafted. 01-24-94 ..~.. .....--. -.. ... .-.-- . ---....-------.. .",,-_... . - 3 - Commissioner Stueck stated that he discussed possible compromises with Mr. Burkhalter this past weekend. He then asked if there is any way to modify this proposal without starting the process over again. Assistant City Manager Brey responded there are possible compromises that can be Ie accommodated under the provisions of Ordinance Nos. 1345 and 1377. He noted that there may be other compromises which the Commission may wish to consider that would require amendments to either one or both of those ordinances, which would require going back through the process. He then stated that it is his intent to pursue fall implementation of the parking district if the Commission decides to create the district; and there is sufficient time to make the desired changes and still implement the district by fall. He stated that the suggested two-hour parking restrictions for the businesses can be accommodated under Ordinance No. 1377, as it is currently drafted. He also noted that the district boundaries could be pulled in if the Commission so chooses; however, the boundaries cannot be expanded without going through at least a portion of the process again. He reminded the Commission that there are provisions for annexation and de-annexation in the ordinance; and any areas wishing to be included or . excluded could be considered, under the same criteria that are being considered now, and included in the fall implementation of the district. He then indicated that if the staff has good direction from the Commission by mid-March, then it can meets its mid-August implementation date, prior to the beginning of fall semester. Mr. Joel DuBois stated his father spoke at last week's public hearing. He suggested this is primarily an MSU problem and that they should solve it. He then asked several questions about the proposed parking district, to which Assistant City Manager Brey responded. He asked if those who work or attend classes at MSU can be required to park on the campus. He also asked if those houses at the intersection of South 13th Avenue and West Dickerson Street are included within the district, since the map published in the Bozeman Daily Chronicle is different from the map distributed at last week's pUblic hearing. . Assistant City Manager Brey responded to those questions, indicating that the map distributed at last week's meeting accurately reflects the boundaries. He noted that the map printed in conjunction with the notice of public hearing reflected a slightly larger area so that there was no question about whether both sides of a street may be included in the district, and to alert those who may be just outside the proposed district of possible impacts. He then 01-24-94 - 4 - reiterated that the ordinance does contain a provision for annexation of other streets into the district, provided that a sufficient number of people in the affected area sign the petition and it meets the criteria for inclusion in the district. Mr. DuBois then asked about the fee for the parking permits, questioning whether that . fee may be subject to change; and the purpose of the district. The Assistant City Manager responded that the district is to be self-supporting; and if it is determined that the proposed fees do not adequately cover the costs, they could go up. He stated the purpose of the district is to remove commuter traffic to the campus from the surrounding residential streets. Mr. DuBois then suggested that the boundaries of the district be extended north to West Koch Street, and extended from South 8th Avenue to South 15th Avenue. He stated that, otherwise, people will simply move outside the district boundaries rather than parking on campus. Mr. Steve Kovatch, 1221 South 5th Avenue, stated he lives at the corner of South 5th Avenue and West Hayes Street, which is one block from the campus. He recognized that with . the number of fraternities and sororities in that immediate area, he will not be able to park on the street in front of his house even if the parking district is created. He noted, however, that he feels it will help to improve safety by removing those looking for parking spaces, thus decreasing the amount of traffic. He then asked the Commission to take into consideration the fact that more than 300 residents of the area signed the petition requesting the creation of a parking district, and that they create the district. Mr. Will Swearingen, 1121 South 3rd Avenue, stated that he spoke in support of this proposed parking district at last week's meeting. He noted that at last week's meeting, several good reasons were given for the creation of a parking district, including high levels of traffic and congestion, safety concerns, lack of street maintenance and deterioration of neighborhood cohesiveness. He noted that the concerns of those opposed to the creation of the district are . also very valid, particularly those registered by the business owners along West College Street, the Principal of Irving School and the dormitory residents. He noted, however, it has been stated that those issues and concerns can be addressed under the ordinance as drafted. Mr. Swearingen stated the purpose of creating this district is to move commuter traffic back to campus, where it belongs. He noted that at last week's meeting, Mr. Lashaway 01-24-94 - 5 - testified that even on the busiest days, there are available parking spaces on campus. He noted that since parking stickers are available at a cost of $5 per semester, he does not feel that those stickers place an undue financial burden on the students and staff on campus. Mr. Swearingen then re-emphasized the importance of the neighborhood issues which . have been raised. He stated a majority of the residents in the proposed parking district are in favor of it, despite the additional expense. Mrs. Colleen Selby, 426 West Cleveland Street, stated support for what the previous speakers have said. He suggested it might be reasonable to allow one free parking permit per homeowner within the district, with students being required to pay $5 for the first permit. He also suggested the possibility of the University assessing a parking permit fee as a part of the registration, so there is no separate fee involved. Ms. Amy Avery, 1411 South 5th Avenue, stated she strongly supports the proposed parking district. She stated that when she leaves for work at 7:30 a.m., she often gets frustrated by someone immediately trying to park in that spot. She stated it is dangerous to have so many unknown people parking in the neighborhood; and it makes her uncomfortable . since she is a single female. She noted that many of the employees at the MSU Physical Plant park in her area, even though on-campus parking is available relatively close to the plant. Mr. Jim Taplin, 221 West Hayes Street, asked if buying a parking permit will give him an exclusive parking space, or whether purchasing a permit will allow him to park on either side of the street in his block. He noted that his home is the only one facing West Hayes Street in that block. The Assistant City Manager responded that a parking permit does not save a spot for an individual. He further noted that if one lives close to a traffic generator, such as a fraternity or sorority, more traffic will be parking in that area than in other parts of the district. He further reminded those in attendance that if one parks in a garage or a driveway, no parking permit is required. . Mr. David Andrzejek, 803 West Babcock Street, President of ASMSU, reiterated opposition to the parking district. He noted that for four of his six years as a student at MSU, he lived within the proposed parking district, and just recently moved out of it. He questioned how dangerous the traffic in the area really is, particularly since no child has been run over while playing. He suggested, rather, the residents of that area are responding to more of an 01-24-94 - -- - 6 - inconvenience than a problem. He stated that creation of a parking district indicates that the residents of that area may park there, but not anyone else; however, anyone can park on the streets outside the parking district. Mr. Andrzejek then posed several questions for the Commission to consider as they (. deliberate. He asked if MSU students really are considered residents of Bozeman. He also questioned whether all of the apartments within the proposed district have been taken into consideration, including the illegal ones and those that have not been declared, and the impacts they have on on-street parking. He further questioned whether the Commission is prepared to create additional parking districts throughout the community, including the downtown area. He stated that if the Commission can adequately answer those questions, then maybe a parking district is needed; however, he questioned it. Mr. Eric Reiland, 522 South 10th Avenue, stated that he lives at the northeast corner of South 10th Avenue and West Dickerson Street. He noted that with West Dickerson Street being in and South 10th Avenue being outside the proposed district, he is concerned that much of the traffic now parking within the district will relocate and park in front of his house. He . stated that several students live in the house where he lives; and they have a total of seven vehicles. He stated that to purchase permits for each one will cost $70 for a year; and that is an additional burden on students. He then suggested the possibility of lower fees for the parking permits and the issuance of free visitor permits. Mayor Vincent closed the public hearing. Break - 4:10 to 4:16 o.m. Mayor Vincent declared a break from 4:10 p.m. to 4:16 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued Dublic hearing - Ordinance No. 1377 - establishing a neighborhood oarkina district . near the Montana State University camous Assistant City Manager Brey distributed a listing of major issues and sub-categories which he had prepared from the testimony presented at last week's meeting. He stated this list is not complete, but might help to structure the Commission's deliberations. He then 01-24-94 .. ..- n - 7 - suggested that the Commission provide some initial comments and ideas, so that staff may begin to respond in an appropriate manner. Responding to Commissioner Frost, the Assistant City Manager stated that Ordinance No. 1345 includes the stipulation that the amount of the fees and fines established by . resolution shall be at a level which will cover the costs of administration and enforcement. He stated that in his staff report, he has provided as accurate a breakdown on anticipated costs as possible at this time. He then reminded the Commission that if they wish to make changes outside the parameters allowed in the enabling ordinances, then changes may be necessary in those before the district is created. Commissioner Frost stated he is concerned about enforcement, asking if with the addition of another half-time position, all possible steps would be taken to ensure efficiency. He suggested that some type of shared enforcement arrangement between the residents and the Police Department might be beneficial. Assistant City Manager Brey stated that, in additional to patrolling the area, the Police Department will respond to complaints. He stated that to have the residents become directly . involved in the enforcement process could lead to problems in consistency. Commissioner Stueck stated he talked with Mr. Burkhalter at length over the weekend, after he had spent time driving around the district. He stated that the proposed district affects a magnitude of people and, while he feels compromise is appropriate, he does not want to go back to the beginning of the process. He then forwarded the possibility of eliminating some of the east/west streets within the district boundaries, where there are few houses facing the street. The Assistant City Manager indicated it might be possible to make that change within the provisions of the ordinance, pending the opinion of the City Attorney. He then showed the Commission a copy of the parking district in Missoula, noting some of the east/west streets were not included in that district. He stated that conversations with those who administer . Missoula's program, however, indicate that causes confusion for those trying to park in the area as well as for those enforcing the district; and they advised against it. Commissioner Stueck stated the problem needs to be resolved; however, he forwarded his position that it is really an MSU problem. He emphasized the importance of compromise on this issue, an effort to resolve the situation, since the problem has been forwarded to the 01-24-94 - 8 - City for action. He then stated that addressing the concerns forwarded by business owners along West College Street is also of prime interest to him. Commissioner Stiff stated that a drive through the subject area revealed there is a lot of off-street parking available. He then questioned whether creation of a neighborhood parking . district will result in commuters parking in the alleys, possibly blocking access to driveways and garages. He noted that there are many residents in the area who will not need to purchase parking permits because of the off-street parking available. Responding to Commissioner Stiff's concerns, the Assistant City Manager stated that if someone parks on a property owner's property without permission, that is considered trespassing and can be addressed through enforcement. Responding to questions from Commissioner Stiff, the Assistant City Manager stated that in Helena, enforcement of the neighborhood parking district provisions is strictly on a complaint basis. He noted there are no revenues generated to offset the expenditures which the City incurs for its program. Commissioner Stiff stated the ideal situation would be to have one designated parking . space in front to each property, and asked that staff research that possibility. He then noted that the Commission has been concerned about signage over the past few years; and, this program will require the installation of a substantial number of signs. Commissioner Youngman suggested that identifying the parking needs for Southside Park, and how those needs will be met, would be beneficial. She noted other items to be included on the list of items to be considered are enforcement of parking at corners, alleys and driveways; and maintenance of the streets. She stated that in his latest letter, Mr. Burkhalter has suggested the possibility of reducing the hours of parking restriction to 8:00 a.m. to 3:00 p,m.; and she is interested in knowing how that would impact the program. Commissioner Youngman noted the first issue listed by Assistant City Manager Brey is the accuracy and analysis of the original petition. She stated that since 90 percent of those . contacted did indicate support for the proposed parking district when the original petition was circulated, she does not feel that a new petition is necessary. She suggested that if the Commission wishes, a new survey of a few key blocks could be conducted by the Marketing Department at MSU, following accepted survey techniques, to determine whether that strong support still remains. 01-24-94 ..----- - 9 - Commissioner Stueck stated he feels the Commission has sufficient information from both sides of the issue to make an informed decision. Commissioner Frost stated concurrence, noting that the written information received is roughly a 3 to 2 split in favor of the district. He stated he feels the survey is essentially ,. accurate, recognizing that some people have moved out and others have moved in; but the initial percentage of support probably hasn't really changed. Commissioner Stiff stated he does not feel that any new petition work will make any substantial difference in the information submitted. He did, however, question whether residents will be as supportive of the district if they recognize the costs involved. Mayor Vincent stated that, with the public hearing last Tuesday and the additional comments today, he does not feel any additional petition work is needed. Commissioner Youngman stated that her position is the same as the other Commissioners; however, she felt it was important that the issue be discussed and a consensus reached. She stated that she is interested in the safety of women students and alternatives to ensure that safety. She noted, however, this can be separated from the decision . on the neighborhood parking district. The Commissioner then stated she feels it is important that the special needs of the Irving School, fraternities and sororities, and the West College Street businesses be addressed. Mayor Vincent stated he wants to make sure that the boundaries are drawn appropriately, so that creating the district does not push the problem into other areas. He noted that the annexation process could possibly be used to mitigate any impacts that may arise from an inappropriate boundary line; and he is interested in responding to petitions for annexation as quickly as possible. He is also interested in ensuring that the special needs of the Irving School and West College Street businesses are addressed. He stated that he feels it is important for the program to be self-supporting and not an obligation on the taxpayers. He recognized that a closer scrutiny of the costs involved could result in higher permit fees and . fines than have been discussed to date. He indicated that he has no major problem with the creation of a neighborhood parking district; however, if a better legal alternative is identified, it should be carefully considered. Mayor Vincent suggested that some alternatives might be available for parking on campus that should be taken into consideration. He noted that some universities have storage 01-24-94 . --.- - 10 - parking, for those who drive their cars to and from school but don't use them extensively during the school year. He also suggested that stringent enforcement of the 48-hour parking regulations could help alleviate some of the on-street parking congestion. He noted the number of small cars that are being driven, suggesting that if compact car parking spaces were ,~ designated on campus, more parking spaces could be provided. i. Assistant City Manager Brey stated he has looked at the provisions for parking districts in eight communities; and all of them are different. He then asked for some guidance on the types of programs the Commission would like him to pursue, recognizing the Montana state statutes may not allow some of the programs that are operated in other states. Responding to Commissioner Frost, the Assistant City Manager stated he will begin gathering information and will submit a report back to the Commission as soon as possible. He then stated that if the Commission has made its decisions by mid-March, he can then proceed with implementation of a parking district by mid-August. The Commission thanked Assistant City Manager Brey for the information he has provided on this issue. t' ,~ lir Request for permission to address Commission re Detition for installation of traffic signal at South 4th Avenue and West Babcock Street - Parents of Willson Children City Manager Wysocki noted that, included in the Commissioners' packets, was a copy of information gathered and submitted by the Parents of Willson Children, along with letters from several individuals requesting that a traffic signal be installed at the intersection of South 4th Avenue and West Babcock Street. Mr. Bob Rydell, 622 South Grand Avenue, stated that a copy of the School Crossing Analysis Located on Babcock Street (FAU 120B) Willson and Emerson Schools, dated January 3, 1991, was included in the Commissioners' packets. He stated that report recommends the installation of a traffic signal at the intersection of South 4th Avenue and West Babcock Street; t ~. but, to date, no action has been taken to implement that recommendation. He noted the report ~,.~ further suggests that federal monies may be available for the traffic signal installation. t Mr. Rydell stated that two weeks ago, he witnessed a car going through the crosswalk, 0 forcing the crossing guard and children back onto the sidewalk. He stated that he walks his Vf son to school every day; and at least every other day he witnesses lives at risk. ex 01-24-94 "- ".- -- 01-24-94 - 12 - Ms. Chris Seifert, 5700 Fowler Lane, stated she picks up her son every day; and she feels she must cross the street with him to ensure his safety. Mrs. Katherine Ball, 410 West Lamme Street, stated she has a son who attends Willson School. She stated the problem is really a city-wide problem and should be addressed as such, '. noting that lots of people in school zones and crosswalks are at risk every day. She suggested some type of surveillance, possibly a radar unit/camera set so it would film every vehicle passing through the crosswalk, including its license number and the speed at which it was traveling, could be set up, with tickets being mailed to the owners of the vehicles for which violations are noted. She also suggested that, since these violations are against children, the fines should be set high, possibly $50 for the first offense and $100 for the second offense, to create a negative economic incentive. She noted that when the ticket is mailed, an information brochure could be included, which reminds the driver of the regulations pertaining to school zones and pedestrians' rights. Mrs. Ball again emphasized that this is a city-wide problem, not just limited to West Babcock Street. She encouraged the Commission to address the issue on a city-wide basis . rather than through a piecemeal approach. Ms. Gwendy Stuart, 808 South Third Avenue, stated she has two children who attend Willson School; and they cross West Babcock Street every day. She has witnessed probably seven drivers "run" the crossing guard, without stopping. She then stated these problems don't exist to this extent at the other schools because of better visibility. She reminded the Commission that the children attending Willson School are young, and encouraged them to pursue installation of a traffic signal. Ms. Mary Hensleigh, 1304 South Montana Avenue, stated she is a parent and a former crossing guard. She stated support for what the previous speakers have said, noting that she was often forced back to the side of the street because someone drove through the crosswalk without stopping. . Mrs. Colleen Selby, 426 West Cleveland Street, stated she has two children who attend Willson School. She noted that the children often talk to their teachers or play in the playground after school; and when they leave, the crossing guard has already left. She expressed concern about her children crossing the street without assistance and encouraged the Commission to take action to improve their safety. 01-24-94 - 13 - Ms. Christine Ryan, 1407 South 3rd Avenue, stated one of her major concerns is that Willson School is sandwiched between two arterials; and one of them is not controlled. She stated the visibility is not good because cars park on both sides of the street; and the children are often not readily seen. She then encouraged the Commission to consider a traffic light. . Commissioner Stueck noted that he was on the School Board when this issue was originally forwarded to the State of Montana; and there were some letters returned at that time which are not included with the report. He noted the State indicated the speed limit could not be reduced to 15 miles per hour because it is a State roadway. He stated the possibility of installing a stop sign was also turned down by the State; and the process stopped after those letters were received. He then stated he definitely supports slowing the traffic down. Responding to Commissioner Youngman, the City Manager stated that, included in the Commissioners' packets, was a copy of a TSM from the draft transportation plan which addressed the issue of pedestrian/vehicular conflicts by proposing construction of a pedestrian overpass on West Babcock Street between the two schools. He stated that the TSM was deleted prior to adoption of the final transportation last year. . Commissioner Youngman asked for price tags and funding alternatives for (1) a 15 mile- per-hour zone, (2) large overhead signs, (3) a traffic light, (4) stop signs, and (5) a pedestrian overpass. City Manager Wysocki stated that, since West Babcock Street is located on a federal aid urban street, the speed limit cannot be reduced to less than 25 miles per hour without a change in State statutes. He noted there are other schools in Bozeman which encounter the same problems. He cautioned that installation of a traffic signal will take time, suggesting that alternatives should probably be considered in the meantime. He reminded the Commission that when the study was done in 1991, there were two schools in that area; and the removal of one could have a significant impact on findings in that study. He also reminded the Commission that there are over 40 intersections listed in the transportation plan which have greater safety . problems than the subject intersection. Director of Public Service Phill Forbes cautioned that, unless a high benefit to cost ratio can be shown, the City would probably not be successful in obtaining any federal safety funding for installation of a traffic signal. He emphasized the fact that when the study was 01-24-94 --------..--- - 14 - completed in 1991, the findings were made on the basis of two schools being in operation, one being a K through 4 and the other being for grades 5 and 6, with attendant bus operations. The Director of Public Service recognized there may be a safety problem at the intersection of South 4th Avenue and West Babcock Street. He cautioned, however, that . neither a traffic signal nor a stop sign can be installed unless the intersection meets the warrants contained in the Manual on Uniform Traffic Control Devices for school crossings. He stated that the numbers contained in the 1991 study do meet those warrants; however, he suggested the intersection may not meet the warrants today. The Director then recommended against the installation of large overhead pedestrian crossing signs. He stated that, rather than being noticeable, they will soon blend into the landscape for drivers used to traveling the street; and they will be even less noticeable than the existing bouncing ball lights. Director of Public Service Forbes stated that the Commission could (1 ) ask the Montana Department of Transportation to update the existing study and to review the intersection in light of the warrants, or (2) the City could proceed with design and installation of a traffic . signal, with one component of the study being that it meets signal warrants. He stated that, no matter whether the traffic signal is on a prescribed series or is pedestrian activated, it must meet warrants. Responding to Commissioner Stueck, the City Manager stated it would not be advisable for the City to install any improvements that may not be in accordance with standards. Responding to Commissioner Frost, Director of Public Service Forbes stated there are parking restrictions along the north side of West Babcock Street; yet, when he reviewed the site after lunch, there were five vehicles parked there. He stated that restricting parking can cause an even greater hazard than allowing parking, particularly when parents use that area to drop off their children at peak times. He stated that on the south side of the street, if the parking space between the entrance to the parking area for the apartment complex were . removed, there would be an extra long area of no parking on that side of the street as well. Commissioner Frost noted that he has seen police cars at all of the other school sites, but never at Willson School. Mr. Levine stated there are 310 students at Willson School, in grades K through 5. He noted it also serves as the transfer point for school buses in the morning; and parking has been 01-24-94 - 15 - eliminated along Main Street to accommodate that transfer. He cautioned that if more parking is eliminated, people will have difficulty parking so they can conduct business at the school. He then stated that the playground area at Emerson School is still used by Willson School children, particularly for physical education class; and it takes two adults to get the children . across the street. Mayor Vincent recognized this as a problem that warrants the attention of both the Commission and City staff, particularly since young children are involved. He stated that he crosses West Babcock Street every morning on his way to work; and he recognizes the difficulties that can be encountered. He then thanked those who attended this meeting. Ordinance No. 1379 - orovidinO for the reoulation of basic service tier rates and related eauioment. installation and service charaes of anv cable television svstem ooeratina in the city Mayor Vincent presented Ordinance No. 1379, as approved by the City Attorney, entitled: ORDINANCE NO. 1379 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONT ANA, PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF BOZEMAN, MONTANA. Assistant Manager Brey reminded the Commission that this ordinance was presented for their consideration at the January 10 meeting. He then noted that, included in the Commissioners' packets for this week was a memo dated January 20, forwarding additional information on cable television subscriptions, as requested by the Commission. He stated that a copy of a memo prepared by Mr. Jim Tillotson, City Attorney for the City of Billings, dated September 3, was forwarded with his memo, since it contains information on the new legislation. The Assistant City Manager then stated that information previously submitted to the . Commission indicated that a maximum annual increase of 5 percent was allowed under the new legislation. He stated, in reality, that increase is limited to the Gross National Producers' Price Index (GNPPI), which is the cost of doing business; and at the end of 1993, that figure was 2.6 percent. 01-24-94 ______..u ----.-----..--.--- .- ---.-.. --.- -- -- . - 16 - The Assistant City Manager stated that Mr. Don Branton, Manager of TCI Cablevision in Bozeman, is present to respond to any questions. He then asked that the Commission provisionally adopt this ordinance and set the public hearing for February 7. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . Commission provisionally adopt Ordinance No. 1379, providing for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the city, and set the public hearing for February 7, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Stueck. Mayor Vincent abstained. Discussion - re develoDment of a cable television franchise aareement City Manager Wysocki suggested that this discussion be postponed, due to the late hour; the Commission concurred. . Staff reDort - reauest for annexation bv Donald E. Hannah for Carter Williams and Sourdouah Creek ProDerties. owners - 147 .23 acres located in the NE%. Section 25. T2S. R5E. and the NW%. Section 30. T2S. R6E. MPM (east of South Third Avenue. south of Graf's Fourth. north of Goldenstein Lane) (A-9310) Included in the Commissioners' packets was the staff report on the request submitted by Donald E. Hannah for Carter Williams and Sourdough Creek Properties, under Application No. A-9310, for annexation of a 147.23-acre tract located in the Northeast one-quarter of Section 25, Township 2 South, Range 5 East, and the Northwest one-quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian. Associate Planner Kevin Wall presented the staff report, highlighting the contents of the written staff report. He reviewed the location of the subject site, noting it is generally located east of South Third Avenue, north of Goldenstein Lane, west of Gardner Park Subdivision and . south of Graf's Fourth Subdivision. He noted that surrounding land uses include lower density residential development and agricultural lands. The Planner stated this application has been distributed to various City departments and the School District for review and comment. The input from those departments has been summarized in the report; and copies of the memos from the various departments have been 01-24-94 .-.....-.-.. --- - -- - 17 - attached at the back of the staff report. He stated that the subject site has extensive frontage along South Third Avenue and Goldenstein lane, which are both paved to County road standards. In addition, several existing roads in the immediate area can be extended through this property when it is developed, providing a circulation system through the subdivisions. He . estimated that 2566 average vehicle trips per day will be generated from development of the subject 147 acres and, as a result, the developer will be asked to sign waivers of right to protest the creation of special improvement districts for street improvements to South Third Avenue and Sourdough Road, realignment of the intersection of South Third Avenue and Goldenstein lane, and signalization at the intersection of South Third Avenue and Kagy Boulevard to mitigate those impacts. The Associate Planner stated that the Street/Sanitation Superintendent has expressed concern that it will be difficult to provide services to this area of the community. Also, the Police Chief and Acting Fire Marshal have expressed concern about their response times, due to the distance from their stations. He noted the Acting Fire Marshal has estimated the response time at seven to nine minutes, under good circumstances. . The Associate Planner stated that the materials from the applicant indicate the donation of approximately two acres at the intersection of South Third Avenue and Goldenstein lane to the City for a fire substation. He stated that the City Manager and the Fire Chief have indicated that this is not a good location for a fire substation, but that they are considering another parcel further north. Associate Planner Wall stated that the letter from Mr. Griffith, Superintendent of Maintenance, Operations and Support Services at the Bozeman Public Schools, reflects that he hesitates to say that new middle school students can be accommodated until the new school is completed and open in September of 1996, and that the high school is projected to be at capacity in the upcoming school year. The Associate Planner stated that water and sewer are not currently provided to the . site, although water can be extended to the site and must be extended before development of the site may begin. He noted that usable water rights, or a cash-in-lieu payment, will also be required before development may occur. He then stated that the Engineering Department has identified some "bottlenecks" in the sewer service, because of an existing eight-inch sewer main, which must be addressed prior to connection of this property to the system. 01-24-94 - - - 18 - Associate Planner Kevin Wall stated that staff has reviewed this application in light of the eight goals and twelve criteria set forth in Commission Resolution No. 2716; and the staff's findings are contained in the staff report. He highlighted those findings and then forwarded the sta"ff summary, which indicates that the proposed annexation is in general compliance, or not '. in conflict, with a majority of the goals and policies. He stated, however, that as a result of the comments and concerns raised by various staff members, the Commission must make a determination on whether the annexation is appropriate at this time, understanding that some degree of "growing pains" may occur for an undetermined length of time or whether the City is not in a position to annex the subject parcel at this time. He stated that if the Commission determines it appropriate to proceed, staff has identified seven items which should be addressed prior to signing of the annexation agreement; and those items have been set forth at the end of the staff report. Responding to Commissioner Frost, the Associate Planner stated that street improvements on South Third Avenue are to be from Goldenstein Lane to Kagy Boulevard; and street improvements on Sourdough Road are to be from Goldenstein Lane to the city limits. . Further responding to Commissioner Frost, the Planner stated it does not appear at this time that any major reconstruction of South Third Avenue and Goldenstein Lane will be necessary as a result of this development; however, the preliminary plat process may provide some additional information not presently available that would change that position. Mr. David Penwell, counsel for the developer, stated the subject property lies along the inside edge of the urban growth area, as identified in the master plan. He noted that designation suggested that future development, including annexation, is anticipated in that area. He then submitted to the Commission two charts reflecting the effects of annexation and non-annexation. He stated that annexation is in compliance with the master plan while failure to annex will result in urban sprawl; annexation will allow for utilization of City services while failure to annex will result in the installation of septic tanks and wells; annexation will ensure . that planning principles are met while failure to annex could result in a piecemeal approach to development in the area. He stated that annexation will allow for an increase in the inventory of residential lots in the community, which has been declining. Also, annexation will provide a greater increase in the housing supply, since homes can be constructed on smaller parcels. He also noted that annexation will allow for integration of parks and open space plans into the 01-24-94 --.....-.. -. --.-----.-... -".- - 19 - City's system. He stated that the park areas within the subdivision proposed for the subject site will not be City parks, but will remain a part of the development and will be maintained through fees paid to a homeowners' association. He emphasized, however, that these areas will be open to the public. . Mr. Penwell asserted that the tax revenues generated from development of the subject property will exceed the costs of providing services. He estimated that the infrastructure which will be required before any development on the site can occur will cost approximately $900,000. He stated that includes a looped water line, which will also benefit the new middle school. Mr. Penwell stated that he has contacted Mr. Jerry Cashman, Chairman of the School Board, and Dr. Paula Butterfield, Superintendent of Schools; and they have both assured him that the School District has taken a neutral position regarding development and expansion. He noted that, given the processes which must be completed before development may occur, there will be no impacts on the school system until 1996. Mr. Penwell stated that, even if the City makes the determination that the land at the . intersection of South Third Avenue and Goldenstein Lane is not a proper location for a fire substation, the developer will still donate the land; and the City can do whatever it wants, possibly selling the land to help finance construction of a new substation somewhere else. Mr. Penwell stated there are water rights with the land; and those will be granted to the City. He stated that if those water rights are not sufficient to cover the requirements for this parcel, then a cash-in-lieu payment for the balance will also be made. He stated the developer has agreed to take the steps necessary to ensure that the sewer lines to the sUbject property will provide enough capacity to serve the development, recognizing that may include replacement of some of the existing line. Mr. Penwell then reviewed the eight goals and twelve criteria set forth in Commission Resolution No. 2716, concluding that this application meets four of the eight goals, with the . remaining four not being applicable; and it meets ten of the twelve policies, with the remaining two not being applicable. He then stated the applicant concurs with the seven issues which have been identified by the Planning staff as needing to be addressed prior to execution of the annexation agreement. 01-24-94 ..-....-......- --.---"..".... .- -- - 20- Mr. Don Hannah, applicant, stated he came to Bozeman approximately one and one-half years ago; and he and his family have lived here approximately eleven months. He stated his personal commitment to this project, noting he has spent over $150,000 on it to date. He recognized that any development carries attendant problems and creates growing pains; . however, he feels those can be resolved. Mr. Hannah stated that his experiences with the City's Planning staff, Director of Public Service and City Engineer have been good, with those staff members being very helpful. Mr. Hannah stated he has taken a proactive position, and has been in contact with residents in the immediate area regarding his proposed project. He stated that some of the neighbors have expressed concern about the development he has proposed. The essence of their concerns can be divided into two categories: (1) the potential that with annexation of this parcel, and possibly other surrounding parcels, they could become surrounded by city limits on three sides and then forced to annex and (2) the density of development if this is inside city limits. He noted that he is willing to work with the neighbors in creating a development that is compatible with existing development. He indicated that the multi-family area and . commercial development are proposed near the intersection of South Third Avenue and Goldenstein Lane, which is away from existing development. Mr. Dave Penwell encouraged the Commission to allow the applicant to proceed to the next step in the annexation process. Commissioner Frost stated he will vote against proceeding with this application because of the strain it will place on City services, particularly its transportation system. He recognized that this application would not have impact on the transportation system if the major improvements recommended in the transportation plan were implemented; however, he noted that will not be accomplished in the near future. He then compare this parcel to the Valley Unit Subdivision, with a "restricted umbilical cord" to the City when transportation systems are considered. . Commissioner Stiff stated support for proceeding, indicating that his discussions with staff suggest that the issues can be resolved. Commissioner Youngman stated a willingness to proceed to the next step. She emphasized, however, that her affirmative vote at this time does not mean that she will necessarily vote in the affirmative the next time this item is considered. 01-24-94 .-...-.-.-.-. --- - 21 - Mayor Vincent stated his support for proceeding to the next step, stating that he feels impacts on the community can be adequately considered during the public hearing process. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct the Clerk of Commission to prepare a resolution of intent to . annex the subject 147.23-acre tract located east of South Third Avenue, south of Graf's Fourth, north of Goldenstein Lane. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No being Commissioner Frost. Pledaed Securities as of December 31. 1993 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Frost and Commissioner Stueck have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Pledged Securities as of December 31, 1993, listed as follows: DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1993 .BAIf MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with National Bank of Commerce Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 West Jordan UT Wtr & Swr Rev Bd 7.25 07/01/1994 046776 200,000.00 EI Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737 200,000.00 . Cowlitz Cnty W A SID #401 6.30 06/01/2000 048236 290.000.00 Sub-Total - First Security Bank - Bozeman $ 990.000.00 Pledaina Amendment to Recurchase Aareement: Trusteed with National Bank of Commerce: Fed Home loan Bank 7.50 06/27/1994 046739 $ 1,000,000.00 01-24-94 - 22- Fed Home Bank 4.06 05/11/1998 059170 500,000.00 Fed Home Loan Banks 5.50 OS/27/1997 052984 500.000.00 Sub-Total - Repurchase Agreement $ 2.000.000.00 TOTAL - First Security Bank - Bozeman $ 2.990.000.00 . This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1993, by the banks of Bozeman and approve and accept the same. JOHN VINCENT, Mayor JOE N. FROST, Commissioner ALFRED M. STIFF, Commissioner DON E. STUECK, Commissioner MARCIA B. YOUNGMAN, Commissioner . 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. Commission Resolution No. 2951 - authorizing DarticiDation in Board of Investments' INTERCAP Revolvina Proaram City Manager Wysocki presented Commission Resolution No. 2951, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2951 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE BOARD OF INVESTMENTS' INTERCAP REVOLVING PROGRAM; APPROVING AND AUTHORIZING PARTICIPATION . THEREIN AND APPROVING EXECUTION OF THE COMMITMENT AGREEMENT. The City Manager stated he had requested this item be removed from the Consent Items for discussion, at Commissioner Stiff's request. He stated that during the budgeting process, the idea of borrowing $500,000 through INTERCAP for renovation of the Law and Justice Center was discussed; and that is the way figures are reflected in the final budget documents for Fiscal Year 1993-1994. He reminded the Commission that the City has spent over 01-24-94 - 23 - $230,000 to date on that project; and this loan would fund the rest of what was initially anticipated to be the City's contribution. He stated that the loan is to be repaid over a five-year period; and the current interest rate, which is a variable rate, is 4.35 percent. The City Manager cautioned that, while the City does have money in its reserves, it also has other . expenses associated with this specific project; and there are other projects for which the City may be required to provide a down payment. Commissioner Stiff indicated his surprise at this item being on this week's agenda, noting he had intended to raise this issue for discussion at next week's meeting. He noted the City is seriously considering the possibility of bonding for street improvements; and he is concerned about entering into this type of borrowing with that potential in the near future. He then noted that the Commission has recently received the latest audited financial statements, which reflect a balance of $1 .102 million in the designated reserve for fixed asset acquisition, after the $230,000 has been expended. He stated his strong preference for using those monies to fund the renovation of the Law and Justice Center, instead of borrowing money at a rate of more than 1 percent higher than the City is receiving on its investments. . Commissioner Stiff stated that the policy for equipment acquisition and replacement indicates that on-going costs which are relatively minor in nature are to be funded through current revenues; and he feels that to fund this renovation through current revenues would meet that policy. He expressed strong reservation about committing four to five mills over each of the next five years to cover the costs of repaying this loan instead of using current monies in the reserves. City Manager Wysocki reminded the Commission of other capital items that must be considered. He noted that a new fire substation is being considered, at an estimated cost of $540,000; and it is not possible to bond for that small amount; therefore, some other type of financing must be used for that project. He also noted that the City has applied for a safety grant to upgrade some of the intersections; and if the City is successful, it will need to fund . the costs of bringing those intersections into compliance with the ADA regulations. He forwarded his philosophy that those who will be moving to Bozeman in the next few years should participate in the costs of renovation of the Law and Justice Center, not just those who have lived here over the past few years. 01-24-94 .-..---......------.----.--- --- .--. - . -...---.--------.--.- - 24- Commissioner Stiff noted that 40 percent of the Commission is new; and they were not party to the budgeting process. He feels it is important to revisit this issue since there are new people, giving them an opportunity to consider the alternatives. City Manager Wysocki stated that a decision is needed today, since he is holding two '. payments in anticipation of receiving the loan. He then stated that the costs for this project will be greater than originally anticipated, due to change orders; however, the final dollar amount is not yet known. Responding to Commissioner Stueck, the City Manager stated that INTERCAP loans are available on a regular basis. Commissioner Stueck noted that if the Commission chooses not to participate in the INTERCAP program, but chooses to use reserves, the City would not incur approximately $13,000 in origination costs plus 1 percent per year in interest; the City Manager stated that is correct. City Manager Wysocki then cautioned the Commission that it has taken approximately eight years to build the reserve to its current level, which means monies will not be readily . available to fund other large projects if the monies are used now. Commissioner Frost stated that the Commission already made its decision on this issue during the budgetary process; and he feels that decision was appropriate, and that it is important to "take care of business" as planned. Mayor Vincent stated his support for adoption of the resolution, although he feels the general issue deserves more extensive review and discussion before this type of request is presented again. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 2951, authorizing participation in the INTERCAP program and authorizing execution of the Commitment Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner . Frost, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner Stiff. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 01-24-94 ------------ _.,~----'_. - 25 - (1 ) Petition to amend the "Residential Parking District Petition", dated April 1992 to delete South 11 th Avenue between West Alderson Street and West Dickerson Street from the proposed parking district. (2) Letter from Chris and Tina B. Coyle, 429 South Black Avenue, stating concern . about the proposed condominium project on South Bozeman Avenue. (3) Memo from Gallatin County Clerk and Recorder Shelley Cheney, dated January 19, reminding the Commission of need to adopt a resolution calling for an election on a proposed local government study commission on the June 1994 ballot. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 25, at the Carnegie Building. (5) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, January 25, at the Carnegie Building. (6) Agenda for the County Commission meeting to be held at 1 :00 p.m. on Tuesday, January 25, at the Courthouse, along with daily minutes for the week of January 10, 1994. . (7) The City Manager distributed copies of a letter from Mr. Doug Rand, dated January 14, regarding "The Pines" planned unit development project on South 11th Avenue. He noted that Mr. Rand has forwarded two options for development of that project, and he indicated his interest in pursuing the second option. He asked for Commission direction on how to proceed after they have had time to review this letter. (8) The City Manager submitted his weekly report, as follows. (1) Announced that the Gallatin Development Corporation's annual meeting is scheduled for noon on February 15. (2) Stated that he and County Commissioner Jane Jelinski gave presentations at the Leadership Bozeman session held on Thursday. (3) Asked that the Commissioners forward any specific topics they wish to discuss at next Monday's meeting by noon on Wednesday, so staff has the opportunity to complete any preliminary research that may be necessary. (4) Stated that . approval of the consent item pertaining to sale of the 1955 Peter Pirsch fire truck will result in offering the truck for sale through the sealed bid process. He noted the options for sale of equipment include auction or sealed bids. (5) Announced that crews have done street sweeping the past couple weeks, in an effort to recapture some of the sand which has been used on the streets and minimize the dust. (6) Reminded the Commission of Wal-Mart's official 01-24-94 - 26- grand opening, scheduled for 8:00 a.m. tomorrow. (7) Stated that crews are working to thaw storm intakes during the warmer weather. (8) Announced that the drug task force arrested two people this past week; and that arrest may lead to others. (9) Commissioner Frost stated that last Wednesday, the Downtown Bozeman . Association held its annual meeting. A that time, Terri Wolfgram stepped down as President, and was replaced by Chris Pope. He noted 25 new members have been added this past year, 15 of those are from new downtown businesses. He stated that seven formal committees have been created; and, since he was not in attendance, he was appointed as chair of two committees and vice-chair of another. (10) Commissioner Youngman submitted the following. (1) Attended her first Library Board of Trustees meeting, as Commissioner liaison; and they were pleased to have an official liaison member. (2) Attended the Missoula Children's Theatre, at which Assistant City Manager Brey's daughter participated on a spoof on City Hall pretentions. (11 ) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, noting the only major business item is the Commissioner discussion which the Commission had . requested. (12) Mayor Vincent submitted the following. (1) Asked that the Commissioners submit their ideas for discussion at next Monday's meeting to the Clerk by Wednesday, to allow for some organization of that discussion. (2) Stated his appreciation for the news story on last Tuesday night's public hearing, noting that no Commissioner's name was contained in that article. (3) Noted that during last week's public hearing, one individual commented that hopefully this "is not just a bankrupt public hearing but that the Commission will listen". He noted this infers that if the Commission agrees with his position, that means they listened; and he does not like that inference. He forwarded his confidence that the Commission has established a reputation for listening, and taking all issues into consideration when making its decisions. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 01-24-94 _._n.__.___ - 27 - ADDroval of CDBG Economic Develooment Revolving Loan Fund to increase the loan amount for Reliable Transaction Processlna from $75.000 to $100.000: Der CDBG Economic Develooment Loan Review Committee recommendation Authorization to offer for sale the City's 1955 Peter Pirsch aerial ladder truck (old ladder truck in Fire DeDartment) . Authorize absence of Commissioner Stiff from meeting of Februarv 14. 1994. In comDliance with Section 7~3~4322(2)' M.C.A. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Adiournment ~ 7:05 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. 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. --- JO ATTEST: ~/~ R IN L. SULLIVAN Clerk of the Commission . 01 ~24~94 -.-------