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HomeMy WebLinkAbout1994-01-18 ccm - '" f , , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 18. 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 18, 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 - January 10. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of January 10, 1994, be approved as amended. 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. ADDointment of subcommittee to review Pled Qed Securities as of December 31. 1993 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statutes. He forwarded his recommendation that Commissioner Frost and Commissioner Stueck be appointed to the subcommittee to review these pledged securities. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission appoint Commissioner Stueck and Commissioner Frost to review pledged securities . as of December 31, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No, none. 01-18-94 -.------.--."..- ..-. .---.......-----.-- - ~..~ , " , - 2 - ADDointments to Bozeman Area Bicycle Advisory Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated January 13, forwarding a listing of applicants for the various boards and commissions listed on this agenda. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Mike Roberty be reappointed, that Sean R. Knight be appointed to replace Alison Arthur, and that Dan Wilham be appointed to replace Mimi Welsh, all with one-year terms to expire on December 31, 1994. 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. ADDointments to Bozeman Beautification Advisorv Board Clerk of the Commission Sullivan stated that only one application has been received for two vacancies on this board. She cautioned that the ordinance creating this board requires that a majority of the members be residents of the city. She noted that at the present time, . there are four city residents and three non-residents on the board; and to appoint this applicant would result in an even number of city and non-city residents, which is not allowed under the ordinance. She then requested that appointments to this board be deferred until after she has had an opportunity to readvertise and obtained additional applications. The Commission concurred. ADDointments to Historic Preservation Advisory Commission. Clerk of the Commission Sullivan stated that one of the vacancies is for a neighborhood representative; and one of the three applicants meets those criteria. The other vacancy is for a Main Street representative; and none of the applicants meets those requirements. . Following a brief discussion, the Commission deferred appointment of a neighborhood representative until after the vacancies on this commission have been readvertised. ADDointment to Recreation and Parks Advisorv Board Clerk of the Commission Sullivan stated that a question has been raised about the 01-1 8-94 - 3 - accuracy of her records for this board. She indicated that, as of meeting time, she was unable to resolve those questions and asked that any appointments be delayed until atter she has had an opportunity to either confirm their accuracy or make the needed revisions. The Commission concurred, requesting that this item be placed back on the agenda . as soon as possible. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter of resignation from the Historic Preservation Advisory Commission, dated December 30, 1993, as submitted by Van Bryan. (2) Information sheet on a snowmobile safety class to be sponsored by the Gallatin Valley Snowmobile Association at 7:00 p.m. on Thursday, January 21, at the Eagle Mount facility. (3) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on . Thursday, January 20, in the Commission Room. (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. this afternoon, at the Courthouse, along with daily minutes for the week of January 3, 1994. (6) Copy of the City of Bozeman Snow and Ice Control & Removal Plan, as prepared by the Street/Sanitation Superintendent. (7) The City Manager submitted his weekly report, as follows. (1) Attended the annual meeting for the Chamber of Commerce on Thursday, stating he feels it was a very good format. (2) Attended the Montana Fiscal Forum on Tuesday. He noted that fourteen cities from around the State are involved in this forum, indicating that the long-range intent is to . develop a summary of revenues, expenditures and indebtedness for those communities and possibly to address State finances after that. (3) Visited the Wal-Mart store last week. He reminded the Commission that the grand opening ceremonies are scheduled for 8:00 a.m. on Tuesday, January 25; and all Commissioners are invited to attend. (4) Announced that Administrative Services Director Gamradt is currently working on a new format for the capital 01-18-94 - - - - -- - 4 - improvement program budget and is also working on the mid-year budget review. (5) Distributed copies of the final drafts of the brochures entitled Business License Guidelines and Guidelines for Licensing your Cat or Dog, as prepared by Neighborhood Coordinator/ Grantsperson Goehrung. , . (8) Commissioner Frost submitted the following. (1) Attended the Friday evening meeting regarding the changes proposed for the School District programs. (2) Stated he has received a letter from the Montana League of Cities and Towns offering appointment to the Board; and he plans to accept that appointment. (3) Stated he has received several telephone calls regarding traffic on West Babcock Street at the Willson School. (9) Commissioner Youngman submitted the following. (1) Attended the Interagency Breakfast meeting on Wednesday morning. (2) Attended the Beautification Advisory Board meeting last week. She provided an update on their activities, noting that they are approximately one-third of the way to their goal for funding of the sculpture. She noted the board has been approached about taking over coordination of the Clean Up Bozeman activities. She stated they are interested in working with the Recreation and Parks Advisory 4 " Board for the first year, so they can become familiar with the activity before taking it over completely. She stated they discussed the free dump day that was offered in conjunction with the clean up, the reasons for its discontinuance and possible alternatives that would encourage people to become involved in the clean up. She noted another project which the board would like to undertake in the future is entryway plantings. (10) Commissioner Stiff submitted the following. (1) Noted the Commissioners have received copies of the information on the City Manager's salary package. He thanked the City Manager for submitting that information, noting it will beneficial in future decisions. (2) Attended the Chamber of Commerce annual meeting, where John Mandeville was awarded the Guy Sperry Award. He also noted the Governor's presentation was excellent. (3) Attended the Cemetery Board meeting, noting he is impressed with the composition of that board. He . ,~ .' /1 stated that several questions were raised at that meeting; and a special meeting is scheduled in a couple of weeks to draft questions to which staff will be asked to respond. (4) Attended the Rotary Club meeting on Tuesday, where Mayor Vincent gave an address. He congratulated Mayor Vincent for a jOb well done, noting it was well received. 01-18-94 .--- " -. . 'W' V"""'T - -. , , - 5 - (11 ) City Attorney Luwe stated that City Prosecutor Wordal has been on maternity leave for the past two weeks; and yesterday, she had a baby girl. (12) Clerk of the Commission Sullivan submitted the following. (1) Attended the Region VIII meeting for the International Institute of Municipal Clerks in Tucson last Thursday . and Friday. She characterized the meeting as a good one. (2) Reviewed the agenda for next week's meeting, noting there is no evening session scheduled. (13) Commissioner Stueck submitted the following. (1) Attended the Planning Board meeting on Tuesday, noting with interest their enthusiasm about the Story Mill restoration project. (2) Attended the meeting at the high school regarding proposed methods of making the necessary budget cuts for athletic programs. He stated that following that meeting, he and Business Manager Steve Johnson discussed ways of trying to solve their problems and the issues of providing recreation activities for the youth of the community. (14) Mayor Vincent submitted the following. (1) Attended the Interagency Breakfast on Wednesday. (2) Attended the Board of Health meeting last week, where the primary issue was City and County response to hazardous waste emergencies. He noted that . Fire Chief Holst was in attendance and represented the City well. (3) Attended the annual Chamber of Commerce meeting, noting the awards ceremony was very touching. (4) Attended the Homebuyers' Club graduation ceremony, for the people who have completed the one-year program. He stated that, while it is difficult to purchase a home in Bozeman, those who have completed the program recognize it is not impossible and, in fact, two of the member families have already been able to purchase a home. (5) Stated he was impressed by the number of people he knew at the Rotary Club meeting. He stated that by attending this type of meeting, it helps local government communicate with its citizens, indicating he plans to get other Commissioners involved in the process as well. (15) Mayor Vincent noted the potential length of tonight's public hearing, and how he plans to conduct the hearing. He suggested that if, with time limits, it appears the ~ ~ hearing will be nowhere near complete by 9:30 p.m., it be continued to 7:00 p.m. on Wednesday evening. He also indicated his intent to provide a separate category for neutral or compromise statements, since much of the information received to date seems to reflect that feeling rather than a strong position on either side of the issue. 01-18-94 - 6 - (16) Chamber of Commerce Executive Director Daria Joyner asked if the planning charrette for the Parking Commission has been set; the City Manager responded it has been set for 1 :00 p.m. on Tuesday, February 8, at a location not yet determined. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2950 . re orooosed issuance of limited obliaation first mortaaae revenue bonds for Montana State Universitv Foundation. Inc.. Droiect: setting Dublic hearing for February 7. 1994 COMMISSION RESOLUTION NO. 2950 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. RELATING TO THE PROPOSED ISSUANCE BY THE CITY OF BOZEMAN. MONTANA. OF ITS LIMITED OBLIGATION FIRST MORTGAGE REVENUE BONDS FOR THE MONTANA STATE UNIVERSITY FOUNDATION. INC. PROJECT TO PROVIDE PERMANENT FINANCING FOR ADMINISTRATIVE. EDUCATIONAL AND RELATED FACILITIES CONSTRUCTED AND ACQUIRED BY THE FOUNDATION AND WHICH ARE LOCATED CONTIGUOUS TO THE CAMPUS OF MONTANA STATE UNIVERSITY AND WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN. MONTANA; DIRECTING THE PREPARATION OF FINANCING DOCUMENTS AND INSTRUMENTS RELATED THERETO AND WHICH WILL . BE REQUIRED FOR SUCH FINANCING; AND PROVIDING FOR A NOTICE OF AND A PUBLIC HEARING TO BE HELD IN CONNECTION WITH AND RELATING TO THE PROPOSED FINANCING DESCRIBED HEREIN. Award bid - infrastructure imorovements (water. sewer. Daving) for West Babcock Subdivision - Johnston Excavatina. Bozeman. Montana: $345.070.55 Authorize City Manaaer to sian - aroundwater oermit aDDlication for Northwest Water Line around water discharae Dermit Claims It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Youngman, Commissioner Stiff, Commissioner . Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Recess - 4:10o.m. Mayor Vincent declared a recess at 4: 1 0 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. 01-18-94 0 .-..--- .-.--..- . --...-. - 7 - Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. . Continued Dublic hearing. Ordinance No. 1377 - establish in a a neighborhood Darking 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, MONT ANA, 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, after which he reviewed the . format for the public hearing. Mr. Dalton Burkhalter, 1429 South 5th Avenue, distributed copies of his testimony to the Commissioners, which he then read into the record. He stated he has resided at his current address since 1974 and has seen many changes in the character of the neighborhood during that time. He noted that the ordinance under consideration was drafted because the residents of the neighborhoods bordering the MSU campus recognized the existence of severe traffic and parking congestion problems and asked the City for relief. Mr. Burkhalter stated that the level of traffic and parking has increased from what was felt to be a reasonable level to one that is not. He noted that in his block, about one-third of the available on-street parking spaces are utilized at night; and 100 percent of them are filled by 8:00 a.m. each weekday. He stated this congestion is primarily caused by commuters to . the University, including students, staff and faculty. He noted this has caused unreasonable hazards because of decreased visibility due to vehicles being illegally parked and because the City crews cannot adequately service the streets. He also noted that at the same time many of the vehicles are being parked along the street for the day, children are trying to get to their 01-18-94 -~'-~~~----- --- - 8 - bus stops. He indicated that their traditional neighborhood values, including reasonable levels of tranquility and quiet, desirability of location, and neighborhood stability, are being eroded. Mr. Burkhalter gave a brief history of the proposed parking district, noting it dates back to 1987, when several residents began to discuss what could be done to relieve the . problems. He noted that the City of Missoula had implemented a neighborhood parking district around the U of M campus in 1986; and a member of the Missoula parking authority met with the residents to discuss how that program was working. He stated that the group took that information under advisement and, after five more years of watching the problems escalate and watching safety concerns become even greater, they decided to proceed with a petition drive. In 1992, the group submitted a petition with over 300 signatures to the City, asking that a neighborhood parking district be created, which represented about half of the residents in the impacted area. He stated that not everyone was contacted, although no one was purposely excluded. Mr. Burkhalter stated that the City had just begun the process of creating an ordinance to allow a parking district when the Associated Students at the University of . Missoula, and others, filed a suit against the City of Missoula to declare their district invalid. He stated that the City of Bozeman halted its process until that court process was completed late last year. He noted that after both the District Court and the Montana Supreme Court upheld the district as valid, the City of Bozeman proceeded with its process. Mr. Burkhalter asked that the Commission adopt Ordinance No. 1377, stating it will provide the relief which the residents are requesting. He stated that, while no one wants more government or more regulation and this proposal will result in some expense and inconvenience, the proposed parking district will alleviate the problems. He stated that the alternative is to continue living with the problems; and he finds that unacceptable. He emphasized the fact that the residents are only seeking what is available in other residential areas of the community--safe streets with a reasonable level of traffic, parking and access to city services. . Mr. Dalton Burkhalter asked that the Commission not reject this ordinance, but that it revise the ordinance if it does not believe the ordinance as drafted is appropriate. He stated that passage of the ordinance will resolve what many residents view as an unfair situation in their neighborhood, via a concept that has been tested and upheld in the courts. 01-18-94 - 9 - Assistant City Manager Ron Brey presented the staff report. He noted that an extensive written staff report was included in the Commissioners' packets, indicating he will briefly highlight some of the main issues. He stated that the boundary of the proposed parking district was based on the petition received by the Commission. He noted that the boundary . is roughly four blocks from the nearest classroom space on campus. He then reviewed the boundaries of the district, as depicted on the map on the wall, as follows: beginning at the intersection of South 12th Avenue and West Dickerson Street, along Dickerson to South 6th Avenue, then stairstepping along intersections to the west line of South Willson Avenue, along South Willson Avenue to West Lincoln Street, and along West Lincoln Street to the campus and then following along the campus boundary back to the point of beginning. The Assistant City Manager noted that the Commission has received several petitions and individual letters from residents just outside the boundary of the proposed district who would like to be included in the district, if one is created. He stated that the ordinance does include a provision for annexation; and those requests for inclusion would need to be considered under separate action if this proposed district is created. . The Assistant City Manager stated that the basic components of the ordinance include restricting parking on the streets between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, except holidays, to residents and their visitors with permits as well as service vehicles and emergency vehicles. The ordinance also provides for for parking for employers and their employees. He emphasized that during evening hours and on weekends, anyone can park on the street under the provisions of the proposed ordinance. He stated that this ordinance does include all fraternities and sororities within the boundaries of the district, allowing the residents of those facilities to obtain a parking permit. The Assistant City Manager stated that the fees for annual permits and fines for violations within the district are set forth under a separate resolution. He stated the proposed fees are $10 for each parking permit, which may be purchased by a resident of the district, and . $5 for a visitor permit. He noted that a total of three visitor's permits may be purchased per residence per year, which runs from August 1 through July 31, to correspond with the academic year. He stated the minimum fine for violations to the provisions of this ordinance is $10, with the maximum fine being $300. He stated it is anticipated that a half-time 01-18-94 _m._. --.. ----- -...... - 10 - enforcement officer will need to be hired to ensure adequate enforcement of the provisions of this ordinance. Assistant City Manager Brey reminded those in attendance that a parking district does not guarantee an on-street parking space in front of one's residence, it simply limits the number . of vehicles that may legally park within the district. He then reviewed how special meetings and special activities are to be accommodated under this ordinance. Responding to Commissioner Stiff, the Assistant City Manager stated that Ordinance No. 1345, which is the enabling ordinance for the creation of neighborhood parking districts, stipulates that such districts will be self-supporting and that the costs of the district will be borne by the revenues from permits and fines within that district. Responding to Commissioner Stueck, the Assistant City Manager stated that staff and faculty at the Irving School can obtain parking permits under the provisions of this ordinance. He stated it is important to recognize that this district will not alleviate the parking congestion in that immediate area. He also noted that the areas around fraternities, sororities and multi- family residences will probably continue to encounter on-street parking congestion. He then . stated that City staff plans to work with the school to ensure that signage is installed to ensure the safety of the children. Mayor Vincent opened the public hearing to public comment, outlining the guidelines to be followed. Mr. Tom Roll, 721 South 6th Avenue, stated that, while he does not encounter the parking problems that are evident in other parts of the district, he would encounter substantial impact if he were not included in the district. He stated he has lived at this address for 22 years; and he has seen a substantial increase in traffic during that time. He noted that when walking to campus, he generally sees eight to ten illegally parked cars at various intersections. He cited two major accidents which have recently occurred, due in large part to the poor visibility at intersections. He then stated that something has to be done to alleviate the . problem; and he views the proposed parking district as the solution. Mr. Ken Snyder, 809 South 7th Avenue, stated he lives within one block of three major dormitory complexes. He stated that the streets serve as dorm parking, and are well over 90-percent occupied 24 hours a day. He noted that 60 percent of the houses on his street are 01-18-94 ..-.--...- - 11 - private residences; and when they have company, they have to make space in their driveways because there is no space on the street to park. Mr. Rick Meis, 718 South 12th Avenue, stated he has resided there for several years. He stated support for the proposed district, stating that the area has change significantly since :. he purchased his home in the early 1980's. He provided the traffic counts that he took this morning, noting that at 6:30 a.m., there were a total of 15 vehicles parked on both sides of his block; and at 10:30 a.m., there were 26 vehicles parked on the street. He noted that if one leaves his residence during the day, it is impossible to get an on-street parking space again until late in the day. Mr. Phil Stewart, 1104 South 5th Avenue, stated concern for the safety of his two pre-school children because of the number of vehicles on the street. He stated his support for the proposed parking district. Mr. Will Swearingen, 1121 South 3rd Avenue, stated that Mr. Burkhalter did a good job of summarizing the reasons that residents of the subject area are seeking a neighborhood parking district. He noted those include congestion, noise, erosion of neighborhood integrity . and values, difficulty in receiving normal street maintenance, and difficulty in finding a parking space in front of one's own home. He stated that 100 percent of his block is occupied by parked cars during the day. Mr. Swearingen stated that safety is extremely important to him, particularly since he has two small children, ages 7 and 9, who are walking to school at the same time people are "madly dashing around the neighborhood" to find a parking space. He stated strong support for the proposed neighborhood parking district, suggesting that the neighborhood support may be even stronger than the petition indicates. Mr. Vincent Diette, Quad C, submitted testimony on behalf of the majority of the residents in the quad, stating he feels they should be included in the district. He stated the petition submitted by Mr. Burkhalter is for that area within four blocks of the nearest classroom . building, but it does not include any of the residence halls, even though those residents feel they are a part of the neighborhood. He stated there are approximately 525 residences in the subject area; and the petition contains 346 signatures. He suggested that if there are two residents per dwelling, the petition represents 29 percent of the residents within the proposed district; and if all of the residents in the area, including those in the dormitories are considered, 01-18-94 - 12 - the percentage drops to 10 percent. He reiterated the position taken by the Quad residents, that they support the district and wish to be included. Dr. Alton Oviatt, 1425 South 4th Avenue, stated that South 4th Avenue is such a narrow street that it is difficult for him to back out of his garage when a car is parked across . the street. He also noted the difficulty of getting onto West Grant Street from South 4th Avenue atter getting out of the garage. He stated that if the City would ban parking on the south side of West Grant Street and the east side of South 4th Avenue, he would "be the happiest man in the world". He then encouraged the Commission to create the parking district as proposed. Mr. Rudy Svehla, 419 East Lamme Street, stated that, while he does not live within the proposed parking district, he does understand the impacts on parking that a public school can create. He noted that in front of his residence, there are approximately six on-street parking spaces for four residences; and those spaces are taken from 7:30 a.m. until late in the afternoon. He stated that if this parking district is created, he would be interested in pursuing a similar district. . Mr. Jim Bruggeman, Principal of Irving School, located at 611 South 8th Avenue, characterized his position as a neutral one, although he is sympathetic to the concerns of the residents in the area who have proposed this district. He forwarded the safety concerns of the parents who have children attending Irving School. He stated that 260 students attend Irving School, most of whom live in the immediate area and walk to school. He stated they do have an after-school program that runs from 3:20 p.m. to 5: 15 p.m. and serves the entire school district; therefore, children are bussed to the school in the late afternoon. Mr. Bruggeman stated he has discussed the special needs of the school with Assistant City Manager Brey at length, stating that flexibility and good will on both sides are needed to make the process work well if the district is created. He stated there are 35 staff members plus 30 to 35 volunteers who work at the school and need the ability to park on the street. . He also noted that many of the parents deliver and pick up their children; an area for busses is essential; and a handicapped parking space must be provided. He noted that special events occur at the school on a regular basis, i.e., parent/teacher conferences and Christmas parties; and provision must be made for those. 01-18-94 ---... .-----..---------------..- - 13 - Mr. Bruggeman stated that the Irving School was built in 1939; and it has served the community well. He estimated that one-fourth of the teachers and staff live within the proposed parking district. He then stated that the school wants to be a good neighbor, but reiterated the need for flexibility so they can continue to operate as they have. . Ms. Kay Lansverk, 619 West Dickerson Street, stated she lives on the edge of the proposed parking district. She noted that, while West Dickerson Street is in the district, South 7th Avenue, as it runs beside her house, is outside. She noted that street will be filled all of the time if this district is created. Assistant City Manager Brey stated that one reason the boundary was extended four blocks from the nearest classroom was to minimize the impacts on those streets just outside the district boundary. He noted that along the north boundary, the area immediately outside the district may incur some parking congestion. He stated that a windshield survey has revealed that there is generally a one-block buffer along the north and east sides between where the heavy concentrations of on-street parking are occurring and the boundaries of the district. The Assistant City Manager then stated that an annexation provision has been . included in the ordinance creating the district, to ensure that if an area is dramatically impacted, the residents can petition for inclusion into the district. He noted that if the Commission decides to proceed with the requested annexation, it is a six-week process to complete. Mr. Mike Cusick, 617 West Harrison Street, emphasized the concerns about safety and the non-availability of on-street parking spaces that have been previously stated. He noted that he lives across the street from the Quads; and he is glad to hear that they are supporting the proposed district. He stated that, while parking for the dormitories in the northeast corner of the campus is a concern, he feels that MSU should be providing adequate parking for those dorms. He then stated that he lived in the parking district in Missoula, noting that if the boundaries are properly designed, there won't be a spin-off problem. Mr. John Schlegelmilch, 818 South 6th Avenue, stated his support for the proposed . district, recognizing it is not a perfect solution. He stated the problem has reached a level where it must be addressed; and he feels that if this is the best way to address it, then the district should be created. He characterized the street in front of his home as a "full parking lot" for nine months of the year. He shares the safety concerns that have been raised, 01-18-94 ---"---:-,':.' ...'."',~--''', -.. ._...._... u_ '~,,__,_" ,...._ ,._.. ~___ - 16 - She stated it is important to retain the neighborhood feeling; and she is concerned that this district line would destroy that feeling. She suggested alternate side parking on alternate days would solve many of the problems that have been cited today, including noise, traffic and safety problems, as well as street maintenance problems. . Ms. Gail Sanchez, owner of Casa Sanchez, located at 719 South 9th Avenue, stated she has owned her business at that location for the past fourteen years. She stated that she has an off-street parking lot for her customers; and she polices it regularly, requesting that those vehicles not belonging to her customers be ticketed. She stated the proposed parking district would not be of benefit to her business; and she is opposed to the district as proposed. She stated that if a district is created, she would like to see exceptions included for those businesses in the district, particularly along West College Street. She also requested the installation of two-hour parking signs along that street, to ensure adequate parking for business customers. Mr. Joel Ellefson, 1233 Story Mill Road, reviewed the contents of his letter of January 15, a copy of which has been distributed to each of the Commissioners. He stated that he has . lived in Bozeman for the past fourteen years and has been an MSU student at various times. He stated that about a week ago, he did a survey of the residential off-street parking available in the R-2 and R-3a zoned portions of the proposed parking district. He stated that of the 276 residences in those zones, 75 percent had a driveway from the street, with or without a garage; 20 percent had an alley garage, with or without a driveway from the alley; and 5 percent had no observable off-street parking. He summarized those findings by indicating that 95 percent of the residents in the residential zones meet the zoning regulations for off-street parking. Mr. Ellefson recognized the perceived problems, noting that people want to be able to park on the street as well as in their off-street parking areas. He stated that the students in the dormitories, the fraternities and sororities, and residents of the apartment buildings . represent a large amount of the population in the subject area. He noted that, while the Bozeman and the surrounding area have grown over the past few years, the University's population has remained relatively steady; and the University has substantially increased the on-campus parking available for those using the campus. 01-18-94 - 17 - Mr. Ellefson noted that many people in the community have taken in boarders or have divided their homes into multiple dwelling units, particularly around the campus, often without following the zoning code regulations. He then noted that the hours during which the parking district is to be in force are the hours when most people work. He stated the largest demands . for on-street parking by the residents within the district, therefore, will occur outside the hours of restricted parking. Mr. Ellefson stated that taking action to eliminate problems for one area simply results in that problem being relocated. He cited, as an example, the barricade on North 20th Avenue, which has resulted in additional traffic on North 21 st Avenue. He recognized that this type of ordinance has been determined to be legal; however, he urged the Commission to not enact the parking regulations merely because they are legal. He suggested, rather that the Commission should enact an ordinance that benefits a majority of the residents, students and commuters who now legally use the streets. Ms. Vranna Sue Hinck, 701 South 7th Avenue, stated she also has a lot of concern for children in the area, noting she has forwarded those concerns at earlier meetings as well. . She stated that she has lived at this address for fifteen years and has not seen many changes in the area. She chose to move to this area to be close to the University, knowing that some sort of price would be involved. She stated that sometimes she is unable to park closer than a block from her residence, but she is willing to tolerate that inconvenience to be close to the campus. Ms. Hinck stated she is very sympathetic to MSU students, stating that if they were unable to park in front of her home, many of those students would be unable to attend class on a lunch hour. She noted the stresses that students face today, forwarding her feeling that the creation of a parking district would be a hostile action. Mr. David Andrzejek, 803 West Babcock Street, President of ASMSU, characterized MSU students as the forgotten community. He stated that on Thursday, December 9, ASMSU . and the Awareness Committee sponsored a parking forum, to inform the students about the proposed neighborhood parking district. He noted that one of the main reasons cited for seeking the parking district was to restore traditional residential values, including tranquility, safety, reduced traffic, and places to park. He stated there are 300 residents in Hannon Hall, 300 residents in Hapner Hall and 100 residents in the Quads. He stated that a minimal amount 01-18-94 . , - 18 - of off-street parking is provided close to those residence halls. He noted that Hapner Hall and Hannon Hall are exclusively occupied by female students; and he is concerned about requiring those women to walk three to four blocks after parking their vehicles. Mr. Andrzejek stated that he understands a homeowner's desire to park in front of . his home. He recognized that students are not ncomplete residentsn of the community, even though they typically spend four to six years in the community. Mr. Andrzejek questioned whether there is a real parking problem, or whether it is actually one of convenience. He estimated the 95 percent of the residences in the subject area have off-street parking. Mr. Andrzejek asked the Commission to carefully consider the trend that the creation of this proposed neighborhood parking district might create. He noted that if it is implemented, the downtown area may be soon to follow. He questioned whether the City is ready to undertake more parking districts. Mr. Andrzejek stated that Montana State University and its students are a part of the community and should be considered as such. He suggested this is not simply a problem that . should be pushed onto the University, but should be considered on a community-wide basis. Mr. Keith Patrick, 415 West Cleveland Street, stated he has resided at that location for nine years, citing it as a busy part of the proposed district. He stated his opposition to the proposed parking district, on the basis of inconvenience for the students, visitors and employees at Montana State University. He reminded the Commission that MSU is vital to Bozeman's economy. He agreed that having those people park in the residential area is an inconvenience; however, he stated that he does not mind. He noted two ladies who work at the dormitories park close to his home and walk the block to work. He noted that to require them to park on campus would make them walk further and, in the instance of the older lady, could become more of a problem than an inconvenience. Mr. Patrick stated that, with the votes that have been taken on this issue, it appears . the Commission is leaning toward implementation of the district, based on the petition which was previously submitted. He suggested that the petition is not as valid as the Commission may believe it is, stating that many of the people who signed the petition no longer live in the area. He also noted that when the petition was circulated, people were not asked if they had off-street parking, but were asked if they wanted the convenience of being able to park on the 01-18-94 , , - 19 - street. He stated that, under that format, people indicated they would willingly pay $10 a year to have a place to park on the street. Mr. Patrick stated that those who live in the area chose to live there, whether they own or rent their homes. He stated that when living close to a university, or a school or a . shopping center or a hospital, one must take into consideration the attendant traffic and parking. He stated he has not seen much increase in traffic in his block. Mr. Patrick stated that some people within the proposed district have stated the streets are not properly maintained. He stated that he feels the streets are always maintained, commending the City's street crews and police for the jOb they have done. He suggested that enforcement of existing rules and regulations is a better option than the creation of a parking district. Mr. Patrick concluded by stating his hope that this is not just a "bankrupt" public hearing, but that the Commission will listen. Mr. Toby Morris, 1710 Greekway, stated he is a member of the ASMSU Senate. He stated that the fraternities and sororities have many special activities that need to be . considered and accommodated, i.e., rush week activities and weekly meetings. He stated that many members do not live in the fraternity or sorority houses, but drive to the weekly meetings; and they are often at the house for several hours. He questioned whether those who drive to the meetings would be required to get stickers, or if they would simply risk being ticketed. Ms. Michele Bergen, Quad C, expressed her concern about safety. She stated that parking her car and then having to walk four or five blocks to the dorm is a big concern. She recognized the concerns for the safety of children that have been forwarded by several prior speakers; however, she stated that her safety should also be taken into consideration. Mr. Tom Austin, 1111 South Willson Avenue, stated he is neutral on this proposed district. He stated that, because the street in front of his house is often full, visitors park . around the corner on a side street that would be in the district. He questioned whether he would be able to obtain a permit to accommodate that, even though he does not reside within the proposed district. Mr. Austin stated concurrence with the comments of several previous speakers that 01- 1 8-94 , . . - 20- if the City would ticket those vehicles which are parked for extended periods of time, it could help to alleviate some of the problems that have been cited. Mr. Austin stated that the City, as a governmental entity, should work with the University to solve the problems. He noted that the Regents chose to impose a $30 athletic . fee on the students, after they voted against it; and he suggested they could also require that they could mandate that employees park on campus, as a part of their benefit package. Mr. Walter Haugen, 202 South Church Avenue, stated he often travels to campus to use the MSU Library. He stated that students are consumers; and they are buying a service and a product when they enroll. He suggested that MSU consider providing free parking on campus. He is sympathetic to the residents in the area and the inconvenience they encounter. He characterized the students as being young and with no political power, while the property owners are considered long-time residents with a lot of political power. Mr. Haugen questioned why homeowners should be charged $10 to park on the street in front of their homes. He suggested that, rather than adopt this unpopular concept, the City should try to get revenues from another source. . Mr. Vincent Diette, Quad C, stated that, in addition to the majority comments which he presented earlier in the meeting, he also has some minority comments to forward on behalf of Quad C. He stated support for the comments from Ms. Bergen, noting that is a concern of several of the residents in that dorm. He stated that to implement the proposed program will cost $50,000, with parking fees being used to offset those costs. He stated that, since a large number of people in the affected area have off-street parking available, it is appropriate to assume many of them will not purchase a parking permit. He stated it appears there are several existing violations in the area, questioning whether the City would be able to adequately enforce additional regulations if it cannot enforce the current ones. Mr. Don Nedrud, 1717 South Willson Avenue, stated he has rentals within the proposed district. He stated he is "generally against government messing in my life". He . stated he is attempting to provide some affordable housing, questioning what problems could arise from permits being requested by renters in properties that have not been identified on the tax rolls as having rental units. He expressed concern that this could result in additional enforcement activities that are not currently contemplated and could also result in higher rental costs. 01-18-94 ," . 21 - Mr. Bob Lashaway, Director of Facilities Services at MSU, provided some historical and statistical information. He reminded the Commission that the University first heard of the proposed parking district in 1990. They had several meetings with City staff and the City Commission and, as a result, action on the creation of a district was delayed to give the . University an opportunity to address parking on campus. He highlighted some of the changes which have been made in on-campus parking, noting that 268 spaces have been added in the South Gatton lot; 40 spaces were added on South 7th Avenue between West Garfield Street and West Cleveland Street; and the Roberts lot and a portion of the Linfield lot were designated as "H" parking for Hannon Hall, Hapner Hall and the Quads. Mr. Lashaway stated there are currently 6,840 parking spaces on campus, 200 of which will be lost when the engineering building project is begun in the spring, leaving a total of 6,640 spaces available. He stated that between 7,400 and 7,500 parking decals are issued each year. This includes all multiple decals issued, for those who have multiple vehicles that may be driven to campus, and all replacement decals for those which have been lost or stolen or that have been brought in because someone changed vehicles. He stated that 80 . motorcycles are also registered on campus; and neither those decals nor their designated parking spaces are included in the counts that have been forwarded. Mr. Lashaway stated that a traffic safety survey has revealed that on the busiest day, 87 percent of the on-campus parking spaces are utilized. He stated that the vacant parking spaces are not necessarily convenient to the central campus or the northeast residence halls; however, they are within ten minutes walking distance of the central campus. Mr. Lashaway stated that the University is mandated to provide parking facilities; however, he stated those facilities must also be self-sustaining. He stated that, because of that stipulation, MSU is unable to provide free on-campus parking. He noted that parking spaces cost an average of $1,000 to construct; and in a parking garage facility, that cost increases to $7,000 per space. . Dr. Oviatt noted that when he purchased his home, there were 1,878 students at MSU; and he has seen a substantial impact on the area as the number of students has increased. He stated that he did not buy into the problem, rather, it inundated him. Mr. Dave Mathews, 29 Glacier Court, stated he has lived in student housing for the past seven years. He indicated that he is a member of the Irving School parents; and they have , 01 -18-94 , ,. - 22 - discussed the parking issue on different occasions. He noted that the group includes people on both sides of the issue. He stated that with the recent legislative actions, the school is having difficulty finding monies to pay crossing guards; and that creates a real safety concern for the parents. He also noted that with the recent kidnapping attempts, congestion around . the school is increasing; and that puts the children at even greater risk. He asked that these issues be carefully taken into consideration as the Commission makes its decision. Mr. Curt Dassonville, property manager for some of the units in the area, stated there is often not sufficient off-street parking when a dwelling unit is rented to students. He stated that by renting to families only, much of the on-street parking problem would be resolved. He suggested that policing the number of permits issued for one address could help to address the problem, although that could lead to other problems. He cautioned against forcing students to another location, particularly in the current housing market. Mr. Markson stated he has concerns about the issuance of permits for visitors. He questioned whether students who live within the district may acquire those permits for their commuter friends, circumventing the intent of the district. . Mr. Jim Sanguins, stated he has been a student at MSU for the past ten years. He stated that with the location of the engineering buildings, it is just as close to park on South Willson Avenue as it is to park in the parking lots provided on campus. He then questioned whether the University would adequately address the needs of those students if the parking district were created. City Manager Wysocki stated that several letters of testimony, in support of and in oPPosition to the proposed neighborhood parking district, were included in the packets of information distributed to the Commissioners. He then entered into the record several letters which were received after the Commissioners' packets were compiled, as follows: Donna Strand, 219 West Arthur Street; John and Sharon Hanton, 1304 South Willson Avenue; a petition containing signatures of fifteen owners/managers of the College Street Business . Association; William and Ellen Klenn, 911 South 5th Avenue; John and Connie Rumely, 901 South 6th Avenue; Bob Mcllhattan, 403 West Arthur Street; Katherine O. Mcllhattan, 726 South 6th Avenue; Sharon Mcllhattan, 403 West Arthur Street; Sharon Zakovi, 403 West Arthur Street; Ruth and Glenn Welch, 523 South 7th Avenue; David and Jeanette Cherry, 503 West COllege Street; Diane Brawner and Dan Goodman; Peggy Gumett, 607 South 7th Avenue; 01-18-94 . ' . ' , , - 23 - Cindy and Mike Harrelson, 1119 South 3rd Avenue; Joel Ellefson, 1233 Story Mill Road; Kay McAllister, 606 South 5th Avenue; Roman Barhaug, 906 South 6th Avenue; and Marilyn McMillan, 818 South 3rd Avenue. Responding to questions from Commissioner Stueck, Mr. Bob Lashaway stated there . are 80 parking spaces in the Roberts and Hamilton parking lots and 42 parking spaces at the Quads, which are available for residents of Hapner Hall, Hannon Hall and the Quads. He also noted that on-street parking is also available around Hapner Hall and the Quads. He indicated that 20 parking spaces are also available in the Linfield lot. He noted that there are 700 residents in those three dorms; and there are substantially less than 700 parking spaces available in that portion of the campus. He indicated other parking spaces are available south of the Student Union Building and south of the Fieldhouse. Commissioner Stueck expressed concern about female students being required to walk from those parking lots to their dorms. Mr. Lashaway responded that the University is implementing a new lighting project for safety reasons. He then reiterated the fact that adequate parking spaces are available, . although they may not be convenient. Responding to more questions from Commissioner Stueck, Mr. Lashaway estimated there are 700 to 800 unpaved parking spaces and 210 paved parking spaces south of the Fieldhouse. He then stated that the University is in the process of revising the parking master plan and, after that process is completed, they will determine which parking lot improvements project should be undertaken next. Commissioner Stueck asked if the University has the authority to mandate staff parking on campus; Mr. Lashaway responded that they do not. He stated that the University is required to provide on-campus parking, but they have no way to require that staff members utilize them. Responding to Commissioner Frost, Assistant City Manager Brey stated that options . for restricting parking for non-residential uses, e.g., two-hour parking, are available in the ordinance as drafted. He noted those options are also available independent of this district. Commissioner Youngman noted that several issues were raised in letters received by the Commission that have not been raised in testimony tonight. She highlighted some of those issues, asking Mr. Lashaway to respond. She noted that a single parent who works at 01-18-94 - - "I' . , , , . - 24- Culbertson Hall indicated she cannot drop her children at day care until 7:45 a.m.; and she cannot find on-campus parking that will allow her to be at work at 8:00 a.m. She noted that some people who work full-time attend classes on their lunch hours; and they have indicated the only way they can attend those classes and yet meet the timeframe of their lunch hours . is to park on the street as close to their classroom building as possible. Mr. Lashaway stated it is not possible to provide on-campus parking within five minutes of every office location; however, they are trying to provide parking within ten minutes of every classroom location. He suggested there are alternative day care services available which do open earlier. He then noted that alternative transportation options are available, suggesting the possibility of using one of those options for those wishing to attend a class on a lunch hour. He noted that may allow those individuals to meet their time constraints while furthering their education. Responding to additional questions from Commissioner Youngman, Mr. Lashaway stated that the University is undertaking a standard signage program which will make it easier to maneuver around campus and to find the appropriate place to park. He stated that visitor . stickers are available for those who are attending meetings on campus; and if one does not obtain a sticker and receives a parking ticket, there are instructions on the back about how to handle it. Responding to Commissioner Youngman, Assistant City Manager Brey stated that having neighbors assist in enforcement of a parking district is one alternative that could be explored, if the Commission wishes. He cautioned, however, that this method of enforcement could lead to lack of City control over consistency in enforcement. Responding to Commissioner Stiff, Assistant City Manager Brey stated a windshield survey of available off-street parking revealed that there is some off-street parking available in the area, although there may not be sufficient spaces available for the multi-family residences and fraternities and sororities. He noted that during discussions on this issue, some residents . have indicated that if the district is implemented, they will clean out their garages so they can park there instead of on the street. Commissioner Stiff noted that testimony has been submitted suggesting there are a number of long-term parking violations in the area. 01-18-94 - - 1..., 1 i i - 25 - The Assistant City Manager stated he does not know of any significant number of complaints about long-term parking on the street, stating most of the complaints received recently pertain to parking on lawns. At Commissioner Stiff's request, the Assistant City Manager reviewed the fiscal . impacts of this program. He stated that under the provisions for a parking district, it is to be revenue neutral. He indicated that the revenues from parking permits and fines for violations are to cover the costs of the district. He stated that the start-up costs for a district are quite high; and he has proposed that those initial costs be paid by the City, with payback scheduled over a number of years. Following a brief discussion, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that public hearing be continued to 3:30 p.m. on Monday, January 24, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be adjourned. 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. J ATTEST: . ~~ ROBIN L SULLIVAN Clerk of the Commission 01-18-94