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HomeMy WebLinkAbout1993-02-22 ccm , - ~ '- ... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 22, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 22, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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 Swanson asked if any of the Commissioners wished any Consent Items be removed for discussion. City Manager Wysocki requested that the deviations for Tyrone Featherly be removed from the Consent Items for discussion. Minutes - February 16. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes eOf the regular meeting of February 16, 1993, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - zone maD chanae from R-3 and R-4 to R-O - Roy V. and Vera M. Wiegand- lots 8 and 9. Block 3. Kirk's Subdivision (north side of West Dickerson between South 19th and South 20th) and lots 1.2 and 3. Block 4. Kirk's Subdivision and Assessor's Tract W (south side of West Dickerson between South 19th and South 20th) and 625 South 19th Avenue This was the time and place set for the decision on the zone map change from R-3, Residential--Medium-density, and R-4, Residential--High-density, to R-O, Residential--Office, requested by Roy V. and Vera M. Wiegand, under Application No. Z-92144, for Lots 8 and 9, Block 3, Kirk's Subdivision, and Lots 1, 2 and 3, Block 4, Kirk's Subdivision and Assessor's Tract W; and .25 South 19th Avenue. The subject property is more commonly located along the north and south sides of West Dickerson between South 19th and South 20th Avenue. Mayor Swanson stated that the public hearing on this requested zone map change was conducted at the February 8 Commission meeting; and the decision was delayed until this time. Responding to Mayor Swanson, Associate Planner Kevin Wall stated that traffic volumes 02-22-93 ---- ----. , , c t - 2 - on West Dickerson Street are nowhere close to justifying the upgrading of that street from a local street to a collector status, particularly on the west side of South 19th Avenue. He noted that, given its configuration and the fact that it curves into South 22nd Avenue, it does not appear likely that traffic volumes will increase substantially. . Mayor Swanson added that with remodeling of the Law and Justice Center and the construction of a new bank facility, probably next spring, the traffic load on West Dickerson Street could increase substantially. Associate Planner Wall concurred that is a possibility on the east side of South 19th Avenue; however, he does not anticipate that the traffic from those commercial buildings will cross South 19th. Commissioner Vincent stated his concern was to ensure that the Commission acts in a consistent manner. He noted that the zone map change which was approved on the north end of South 19th Avenue was at the intersection of a collector and an arterial and, therefore, was appropriate; however, this application involves property at the corner of a local street and an arterial. . Commissioner Frost stated that Mr. Wiegand's vision for development of the site under the proposed zoning is interesting and appropriate; however, without a planned unit development, there is no guarantee that that is the manner in which the property will be developed. He added his continuing concern that care must be taken to ensure that any changes in this corridor don't negatively impact the North 19th Avenue corridor. Commissioner Vincent stated concurrence with those comments. He noted that Mr. Wiegand's presentation was reasoned and balanced; but he expressed concern that the application does not meet the spirit and intent of the master plan. Commissioner Knapp indicated her support for the Planning staff's recommendation, which was also forwarded by the Planning Board. Mayor Swanson stated that given the fact that this property is not located at the entersection of an arterial and a collector or another arterial, he cannot support the requested zone map change. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission deny the zone map change from R-3, Residential--Medium-density, and R-4, Residential--High-density, to R-O, Residential--Office, for Lots 8 and 9, Block 3, Kirk's Subdivision, 02-22-93 ... --- .-- -...-....--- , . f.' - 3 - and lots 1, 2 and 3, Block 4, Kirk's Subdivision and Assessor's Tract Wand 625 South 19th Avenue, as requested under Application No. Z-92144. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. , . $tI!ff pr.s.nlltion from Police Chief Boyer re 199;1 annual report City Manager Wysocki reminded the Commission that the 1992 annual report for the Police Department was submitted at their meeting of February 8; and Mayor Swanson had requested that Chief Boyer submit a verbal presentation on that report. Chief of Police Dick Boyer noted that this statistical report was prepared in response to the report release by Sheriff Slaughter. Mayor Swanson expressed concern about the 26.5-percent increase in offenses reported, from 5,215 in 1991 to 6,596 in 1992. He questioned why there was such an increase and how it has impacted the Police Department. Chief Boyer addressed some of the major increases in statistics. He stated that dog .bite/animal complaints have increased from 148 to 560, representing a 278.4-percent increase; however, much of that increase is due to the fact that all of the complaints being received by Animal Control Officer Lien are now being handled differently in the paperwork. He noted that in many of the areas where extraordinarily high percentages occur, the actual number of incidents is very small. Responding to Mayor Swanson, Chief of Police Boyer noted that the number of arrests for DUI is essentially the same for 1991 and 1992; and that number has not varied much over the past several years. He did note, however, that people are becoming more aware of the drinking and driving issues. Commissioner Vincent asked if growth in the community is resulting in a rising crime rate and an increasing problem that needs to be addressed. He noted that many people move into the .community because they value the lifestyle here; however. that growth is causing the lifestyle to deteriorate. Chief of Police Boyer addressed the large influx of people into the community every day, particularly with the University and tourism. He noted that it is very fortunate that the number of violent crimes is extremely low; however, the petty items keep his department very busy. H e 02-22-93 --.-. ..- " r' - 4- characterized Bozeman residents as wholesome, law abiding citizens that don't tolerate the things that other communities in Montana do. He noted that this makes his Department's work a lot easier when maintaining a high standard of life. City Manager Wysocki stated there are three categories, totalling approximately 150 _ncidents. in the 1992 statistics that are not included in 1991. He noted that in the growth that the community is experiencing, the people moving in have a different idea of what is acceptable; and emphasized that an on-going educational process will be important to ensure the integrity of the current lifestyle. Commissioner Vincent stated his support for "keeping the lid on", noting that if the City doesn't maintain a firm hold on its values, they will be taken away. Commissioner Stiff indicated his assumption that the statistics in this report will be considered during the budgetary process. He suggested that some of the types of incidents require more officer time than others. Mayor Swanson commented that juvenile arrests have decreased 73 percent and asked if that decline is the result of any specific program. . Chief Boyer responded that, although the Police Department has no specific program in place to account for this decrease, he feels that two years of the DARE program in the schools could have a definite impact on those figures. Responding to Mayor Swanson, City Attorney luwe stated that after the video cameras were installed in the police cars, it took some time to fine tune the equipment and more time to train the officers in how to properly use that equipment. He noted that the first videos taken are just now beginning to reach the court schedule, so there is no real data available at this time. Mayor Swanson thanked the Chief of Police for his presentation of the 1992 annual report. Staff Dresentation from COd8 Comolianc8 Officer Beall re 1992 annual r800rt and orooosed work oroaram for 1993 . City Manager Wysocki reminded the Commission that at their meeting held two weeks ago, they received a written annual report for 1992 as well as an outline of the proposed work plan for 1993. He noted that the Mayor had requested the report be placed on this week's agenda for discussion and possible ratification of the work program. 02-22-93 , . --'--=--'_~'_....--.c:::::>' --- ---.- "~ , ", r' - 5 - Code Compliance Officer Roy Beall reviewed the contents of his report. He briefly reviewed the statistics for 1992, which include a total of 327 complaints received with over one- half of those having been resolved. The Officer reviewed the proposed work plan for 1993, stating that staff's top priority is _he systematic identification and removal of all illegal signage. He noted that, to accomplish this . task, staff has identified five steps to be completed, which include: 1. Creation of a data base; 2. Field inventory of all signs by sign category (Le., freestanding, building, etc. ) ; 3. Enforcement of the sign code on all illegal freestanding signs and signs which represent a severe potential safety hazard to the residents of the community; 4. Systematic compliance program, under which business owners will receive two letters notifying them of a sign code violation and giving them 45 days to gain compliance or establish an acceptable remedial program; and 5. Prosecution of those who fail to comply after their signs have been identified as being illegal but no remedial steps have been taken. The Officer indicated that staff is currently implementing a "sign tag" program. He noted .that signs which comply and have been permitted will be tagged to show compliance. He stated that each tag will have a number, so that it can be easily tracked through the process. Code Compliance Officer Beall informed the Commission that the data base has now been entered into the computer. He stated that staff determined it would be most appropriate to include those signs permitted during the period January 1962 through June 1991, even though sign permits have been issued since the 1930's. He noted that if any pre-1962 signs are found during the inventory process, some additional research may be necessary to determine if the appropriate permits were received. He added that the data for the period June 1991 to date has not been included in that data base either, because those signs have been permitted under the current zone code; and that information is readily available. He explained that staff tested this data base by .onducting a windshield inventory of signage on North 7th Avenue; and it worked extremely well. He stated that they were very surprised to learn that 230 of the 320 signs counted, or 72 percent, were illegal. He noted that this is substantially higher than the 30 percent previously estimated. Officer Beall continued by saying that copies of the two letters to be sent to business owners, notifying them of non-compliance have been included with this report. He briefly 02-22-93 -- -- .-.--. , . . " - 6 - highlighted some additions to those letters, which were inadvertently omitted during drafting. He stated that when an illegal freestanding sign is identified, all signage for the business will be included in the review and notification. He added that identifying public safety hazards will be a high priority during the inventory and enforcement processes. . Code Compliance Officer Beall stated that last week, he received a telephone call from an individual who owns five commercial properties, asking for an inventory of all signage on those parcels and an idea of what needs to be done to bring that signage into compliance. Responding to Commissioner Frost, the Compliance Officer stated that the old permitting process was very painless and was not at all time consuming. He noted that no drawings were required as a part of that permitting process; and indicated that many of those building signs which are now illegal were permitted at one time. He explained that, however, with a tenant change and subsequent change in the sign, no new permit was sought. Responding to Mayor Swanson, the Officer stated that staff has not identified any illegal signs in any other corridors in the community. He aCknowledged that review of signage along North 7th Avenue was not exhaustive, but was simply a quick test of the data base. He indicated .that the enforcement program will probably begin along North 7th Avenue, unless East Main Street or West Main Street is determined to be more critical. City Attorney Luwe stated the importance of immediately addressing those signs which generate the potential for public safety hazards. He noted that, in addition to identifying illegal freestanding signs, staff will also identify any other illegal signage for a business and include the total package in the letter of notification. He stated that this will allow the property owner to make an intelligent and informed decision on how to address the entire package at one time. Responding to Commissioner Stiff, the Planning Director stated that the ad hoc committee which is trying to finalize recommendations for the sign code is to be re-activated next week, with that meeting being tentatively scheduled as a breakfast meeting for Thursday, March 4. He noted . that Commissioner Frost and Commissioner Stiff represent the City Commission on that committee. He indicated that the process should be completed within the next couple months. Planning Director Epple reminded the Commission that the proposed work plan before them at this time deals with illegally erected signs, which are those for which a building permit was never issued. He noted that this work plan is based on the Commission's mandate from 02-22-93 ., . , . - 7 - approximately six months ago that staff immediately tackle the issue of illegal non-conforming signs. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, suggested that the Chamber could possibly assist the City with public relations work on this issue, .POSSibIY setting up a workshop on code compliance. She noted that this could help to make the process smoother and more acceptable to the community. Responding to Commissioner Vincent, the City Attorney stated that the penalty clause in the ordinance is the standard penalty clause for misdemeanors. Responding to Mayor Swanson, Code Compliance Officer Beall stated that the initial focus will be on illegal freestanding signs and those which seem to pose a hazard to public safety; however, the total signage for the business will be addressed as a complete package. Commissioner Frost stated he feels this is a good way in which to start the sign enforcement program. He noted that he is the one Commissioner who was not in favor a waiting a year to implement the amortization schedule, but feels that the process is moving in the right direction. . Mayor Swanson stated his support for the proposed work plan, expressing his concern with the public safety aspect of existing signage. He encouraged staff to pursue those signs which pose safety problems as quickly as possible. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission accept the 1992 annual report from Code Compliance Officer Beall and authorize and direct staff to proceed with the proposed work program for 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Staff r8Dort re DubUc testimony received reoardino transDortation Dlan uDdate . City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from Planning Director Andy Epple, dated February 18, forwarding a staff summary of the public input received regarding the transportation plan update. Mayor Swanson suggested that Planning Director Epple review the contents of his memo at this meeting and that any remaining issues be framed for further discussion. He then suggested 02-22-93 " -...- ....____ ....u. '.._n. --.. . , ' r" _ - 8 - that further Commission discussion be conducted at the March 1 meeting, in preparation for a decision on the plan either at that meeting or on March 8. He stated that at their meetings of March 22 and March 29, the Commission could then discuss the implementation and funding mechanisms for the plan. . Planning Director Epple reviewed the contents of his February 18 memo. He stated that he attempted to categorize all of the public testimony received to make responses and discussion easier. The Planning Director forwarded his comments on those categories he had identified, as follows: 1. South Willson Avenue A. Bulbs at selected intersections B. Elimination of through truck traffic between Babcock and Kagy C. Willson/South Third/Kagy intersection D. Traffic control at intersection with College 2. Highland Boulevard as a local truck route 3. Peach Street as a local street with no through truck traffic 4. MSU recommendations . A. Administrative closure of South 11th B. Northeast campus "belt loop" 5. Cooper Park and Southside neighborhoods A. Diagonal diverters at 6th & Koch and 6th & Story B. Diagonal diverters for 4th & Alderson and 5th & Alderson C. Stop signs at Olive and 9th 6. Bike lanes on Mendenhall and Babcock The Planning Director expanded on each of these headings, briefly characterizing the tone of the public comments received. He noted that the issue of bulbs at intersections has also raised concerns that they could make bicycle travel more difficult on those streets; and storm drainage could also become an issue, especially on South Willson Avenue. He indicated that elimination of through truck traffic on South Willson Avenue has been recommended by the Planning Board; .however, he noted that concern has also been registered that such changes will result in shifting of traffic from one neighborhood to another. He noted that in this instance, the Board's overriding concern for this street is protection of the historic neighborhood. Planning Director Epple characterized the intersection of South Willson Avenue/South Third Avenue/Kagy Boulevard as Bozeman's own "malfunction junction". He noted that possible 02-22-93 ---- --.--- . -- -.... 1 , , . - 9 - designation of Highland Boulevard as a part of the local truck route and the extension of Kagy Boulevard to South 19th Avenue will likely result in a heavier traffic load on Kagy Boulevard. He added that this will only compound problems at that intersection. He stated that realignment of this intersection has been planned for the past ten or fifteen years, in conjunction with the Highland eBoulevard/Kagy Boulevard urban project. He stated that the Board recognizes the concern for straightening the intersection will result in additional traffic on South Willson Avenue; however, it also recognizes the need to provide for ease of traffic circulation on Kagy. He then addressed the last issue for South Willson Avenue, noting that the Board did not recommend that any type of traffic control be included at its intersection with West College Street. The Planning Director addressed the issue of Highland Boulevard being designated as a local truck route. He noted that a substantial amount of public opposition has been received; however, the Planning Board felt that this was the best of all the options considered. Planning Director Epple commented that under the plan, truck traffic would be restricted on several northeast sector streets, including Peach Street. He noted that considerable concern has been expressed about this proposal, particularly since Peach Street provides a direct route from endustrial development in the northeast portion of the community to the rapidly-developing western extremes of the community. He stated that the proposed truck route across Tamarack Street results in a need to make a left turn onto North 7th Avenue, which can often be difficult; and then a right turn onto Durston Road, which can be even more difficult given the short turning radius available. The Planning Director reviewed the proposed administrative closure of South 11 th Avenue during specified hours. He noted that considerable concern was expressed about the closure of one of the few north/south routes available and the impact that this may have on other streets. He noted that the Board's recommendation is that no closure be allowed until the Kagy Boulevard extension to South 19th Avenue is complete. The Director reminded the Commission that the consultant recommended that West .Cleveland Street be closed at South 6th Avenue, that improvements be made to the South 6th Avenue/West Harrison Street intersection, and that parking be removed from South 6th Avenue. He went on to say that testimony from those in the area revealed opposition to that idea, particularly because of the steep slope on South 6th Avenue and the fact that West Harrison Street is now a "sleepy little residential street". He mentioned that one alternative suggested at the public 02-22-93 ________u '." . . - 10 - hearing was the construction of a partial barrier on the north leg of the intersection for northbound traffic. Planning Director Epple next addressed the issue of diagonal diverters in various areas around Cooper Park and Souths ide Park. He noted that this has progressed from consultant- e'ecommended street closures to Planning Board-recommended diagonal diverters; and now the neighbors are suggesting that stop signs or traffic circles would be an even better option. He cautioned that any attempt to place stop signs on the high-volume legs of an intersection must be carefully considered in light of the hazards that could be created. He noted that engineering practices provide for installing stop signs on the low-volume legs instead, thus lowering the potential for accidents. The Planning Director submitted a handwritten sheet containing preliminary information on the number of on-street parking spaces that would be eliminated on the south side of Mendenhall and the north side of Babcock Street to provide for bike lanes, as proposed. He noted that, in actuality, that would result in the loss of 106 parking spaces, which is 50 percent higher than the 70 spaces estimated during the public hearing. He continued that a review of the TSM's .indicated that six projects affect downtown parking spaces. He tallied those changes, noting that 28 spaces are recommended for removal while 2 spaces are recommended for addition, for a net loss of 26 parking spaces. He stated that only 2 of the spaces to be removed are on Babcock Street and none are on Mendenhall, meaning that a net of 104 parking spaces over and above TSM recommendations would be lost as the result of installing bike lanes on those two streets. Planning Director Epple stated that there are 276 spaces available in the City-owned parking lots in the downtown area; and actual counts conducted during typical daytime usage revealed that approximately 50 percent of the spaces were utilized. He stated that the consultant has recommended a program for improving directional signs to the parking lots; and he has further recommended that the two-hour time limit on some of the lots be removed to encourage downtown employees to park there rather than on the street. He indicated that there are 2006 on-street .parking spaces in the downtown parking study area, with 1475 of those having no restrictions. He added that an average of 53 percent of those are utilized on an average day, although that percentage is much higher in the core area, which also has parking restrictions. The Planning Director commented that the proposed bike lanes received strong support from the bicycling community, while they received equally strong opposition from the downtown 02-22-93 - ..--.-..---.. , . . . - 11 - merchants if they mean loss of parking spaces. Responding to Mayor Swanson, the Planning Director suggested that any changes to the on-street and off-street parking spaces in the downtown area should be recommended by the Parking Commission, with the Engineering Department doing whatever design work is necessary; . and the City Commission possibly being asked to provide the funding for those changes. City Manager Wysocki stated that the Parking Commission is very concerned about the possible loss of parking spaces in the downtown area. He noted the perception that many customers have that a parking space should be available in the same block as the store to which they are going. He expressed concern about the proposal to remove time limits on some of the parking lots, noting that they could quickly be filled by some of those who now go further away to park for all day. Commissioner Knapp suggested that timing is extremely important. She noted that includes the provision of more parking spaces in the downtown before any changes that involve loss of parking spaces are considered. She also suggested the importance of waiting until Kagy Boulevard is extended before considering any possible changes around the campus. . Commissioner Knapp acknowledged the truck route problem, and the impacts of a street closure on other streets in the community must be carefully considered before any streets are closed to truck traffic. She recognized that the decision on this particular issue will be a difficult one. Responding to Commissioner Vincent, the Planning Director indicated that the count of parking spaces used in the downtown was done between the hours of 11 :00 a.m. and 1 :30 p.m. on three consecutive weekdays, once in July and once in September. He stated that the consultant is satisfied that those counts provide an accurate reflection of the usage of those parking spaces. Commissioner Stiff mentioned the letter from Bridger Builders suggesting that the Commission seek input from those who move materials through the community, similar to the . manner in which building heights were recently addressed, prior to any decisions on designation of truck routes. He stated support for that suggestion, and stated concurrence with Commissioner Knapp's assessment of timing being extremely critical. Commissioner Stiff stated he is also concerned about the proposal to place bike lanes on Mendenhall and Babcock. He noted that no testimony has been submitted in opposition to the bike lanes, only the fact that parking spaces would be lost to do so. He suggested the possibility of 02-22-93 --- , , . , - 12 - placing bulbs in Mendenhall and Babcock Street to assist pedestrians and those in wheelchairs in crossing the street safely. Commissioner Frost stated he is very concerned about South Willson Avenue and feels the City should take whatever steps are necessary to protect it as a collector street. He noted the .workshoP which he attended in San Francisco, at which it was suggested that efficient movement of traffic may not always be the best solution. He noted that, while he understands the concerns of those who live in subdivisions along Highland Boulevard, that roadway has been designated as an arterial, even a four-lane arterial, for many years. He suggested that allowing development of the nice subdivision along the east side of the roadway may not have been appropriate. Commissioner Frost questioned whether it is any easier to cross Rouse on Peach than it is to turn left from Tamarack onto North 7th Avenue. He then addressed the issue of the proposed projects at MSU, noting that he has already submitted his written comments on the proposed closure of South 11th Avenue. He stated that a few accidents which could have been avoided are no reason to close a street and displace a substantial number of vehicles. He indicated that, because of the steepness of the hill on South 6th Avenue, he does not support the proposed .northeast belt loop. He added his interest in the alternative submitted by Mr. Swinth during the public hearing. Commissioner Frost stated he has not liked the idea of diagonal diverters; and he has problems with the idea of "round abouts" as well. He suggested that enforcement of speed limits and installation of stop signs might be the best solutions for those streets; however, he is not interested in a pattern of stop signs that will result in making a neighborhood street a through street instead. Commissioner Frost finally addressed the issue of bike lanes on Mendenhall and Babcock, stating strong support for Commissioner Stiff's comments. He mentioned that if an off-street parking lot could be constructed on the south side of Main Street without destroying any existing . buildings or something of value, then bike lanes could possibly be provided along Mendenhall and Babcock. He concurred that our downtown cannot afford to lose any parking spaces because it would dramatically hurt the businesses in that area. He indicated an interest in the idea of bulbs along those streets as well as South Willson Avenue to provide for safer pedestrian crossings. He noted that cuts can be made in those bulbs to allow for safe bicycle travel as well as storm drainage. 02-22-93 -..-.- , . , . - 13 - Mayor Swanson urged the importance of prioritizing the listings of TSM's and major projects. He noted that the transportation plan is designed to move traffic along arterials and collectors rather than through neighborhoods. He suggested that through changes in speed limits on the various types of streets, vehicles could possibly be encouraged to use those streets .designed for quick and easy movement of traffic. He added that this could be accomplished by either reducing speeds on local streets or increasing speeds on collectors and arterials. He acknowledged the importance of a high level of enforcement in conjunction with any changes in speed limits. The Commission thanked Planning Director Epple for his memo. Mayor Swanson requested that this item be placed on next week's agenda for further discussion, in preparation for a decision. Reauest for $2.500 in fundina for cultural Dlannina Droeess - John C. Barsness. Executive Director of Montana Arts Foundation City Manager Wysocki stated that, included in the Commissioners' packets, was a letter from Mr. John C. Barsness, Executive Director of the Montana Arts Foundation, dated January 21, .1993. The City Manager noted that he is seeking funding from this year's budget to complete the cultural planning process which was begun several years ago. He indicated that if the Commission decides to approve this request, there is adequate monies in their budget unit to cover the $2,500 expenditure. Mr. John Barsness stated that the request is for a match to grant monies received from the Montana Arts Council and the National Endowment for the Arts to complete the cultural planning process that was begun by the City approximately four years ago. He stated that the Montana Arts Foundation is a non-profit organization which coordinates the efforts of twelve state- wide and local arts and cultural organizations. He noted that completion of the cultural planning process would fit well with the organization's statement of purpose. . Mr. Barsness stated that the initial effort resulted in a cultural inventory. He added that under his proposal, that information would be updated and a plan developed. He submitted to the Commission a brief resume for Mr. Keith Swenson, who would be the individual retained to complete this plan. 02-22-93 -...-..... __u ,. . , . - 14 - City Manager Wysocki stated that in his letter, Mr. Barsness suggests that this plan be incorporated into the Bozeman Area Master Plan Update after it is completed. He expressed concern about that proposal, particularly in light of the fact that the Planning Board has not been made aware of this request. He then suggested that before the Commission takes action on this e'equest. it may wish to refer it to the Planning Board for its review and recommendations. He noted that the Commission could give some indication of whether it is willing to consider funding the request which has been forwarded if it so desires. Responding to Commissioner Frost, Mr. Barsness stated that the project will take approximately seven to eight months to complete. He stated that, technically, the grant from the Montana Arts Council expires on June 30; however, extensions to November can be easily obtained. He stated that is the latest possible date for completion. Commissioner Stiff expressed his concern about this proposal, noting his support for City Manager Wysocki's suggestion. City Manager Wysocki suggested that if this document is to become a part of the Master Plan, it would be appropriate to transfer monies into the Planning Fund and allow the City-County . .Planning Board to administer the agreement. Commissioner Vincent asked if the Planning Board and the City Commission would be in a position to accept, reject or modify the plan that may be prepared under this request. He noted that if this is possible, which he assumes it is, it is important to recognize that the plan which is finally adopted may be substantially different from what is developed by the contracted individual. Mr. Barsness acknowledged that possibility. He stated that it is important that the cultural planning process take place; and it is not so critical that it become a part of the Master Plan. Responding to Commissioner Vincent, Mr. Barsness stated that a cultural plan is based on the needs that have been identified in the community. He noted that an inventory of existing arts and cultural programs will help to identify areas where overlapping or gaps exist; and the plan can then be developed with that information in mind. . Further responding to Commissioner Vincent, Mr. Barsness indicated that as broad a definition as possible for "arts" and "culture" be used to ensure that no program is unnecessarily eliminated from consideration during development of the plan. Responding to Mayor Swanson, Mr. Barsness estimated that with the existing inventory, the initial step is at least 75 percent complete, with any new ventures since 1990 being added and 02-22-93 . - 15 - any that no longer exist being deleted. He indicated that his organization is quite familiar with those changes. Responding to City Manager Wysocki, Mr. Barsness indicated that the plan would be an arts and cultural plan, thus ensuring that as much flexibility is retained as possible throughout the .rocess. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission forward this request to the City-County Planning Board for review and recommendation on whether the cultural planning process should be completed as proposed, whether such activity should occur under the auspices of the Planning Board or the Commission, and whether the completed plan should be incorporated into the Master Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the decision on funding of the project, as requested, not be made until after a recommendation is received from the City-County Planning Board. The motion carried by the following Aye and no .vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Recess - 5:32 D.m. Mayor Swanson declared a recess at 5:32 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 D.m. Mayor Swanson reconvened the Commission at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. .PubIiC he~ring - varian~ from Section 18.50.035.A.2. of the zoning ordinan~ to allow the construction of Darking lot light standards at a pole height of 42 feet - Civil Land Consultants for Wal-Mart. Inc. (C-9303) This was the time and place set for the public hearing on a variance to Section 18.50.035.A.2. of the zoning ordinance to allow the construction of parking lot light standards at 02-22-93 .-. -.-.----.-..---- __ __u._.._._ .-----...-..-..- ..-.... , . , , - 16 - a pole height of 42 feet, as requested by Civil land Consultants for Wal-Mart, Inc. under Application No. C-9303. Mayor Swanson opened the public hearing, after which he reminded the Commission that a super majority vote is required to approve a variance. . Associate Planner Debbie Arkell presented the staff report. She reminded the Commission \ that the subject 17.373-acre parcel is located at the northeast corner of the intersection of North 7th Avenue and Baxter lane extended. She stated that under the application for the major site plan, the applicant proposed 41.5-foot tall light standards for the lot; and Condition No. 14 for approval of that major site plan read: That the freestanding parking lot light standards meet the height requirements of the code, i.e., 20 feet high, unless a variance is granted through the variance hearing process by the City Commission. That the light fixture shall meet deflection standards set forth in Section 18.50.035.A., and shall not cause external glare or provide lights with protruding lenses or luminaires that are exposed to adjacent rights-of-way or properties. The Planner stated that the applicant has selected a light fixture which appears to comply with the protruding lens requirement; however, they have chosen to seek a variance to allow a higher light standard. . Planner Arkell stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and contained in Section 18.56.060 of the zoning ordinance. She noted that the staff findings have been included in detail in the report. She stated that the first criteria is that the variance not be contrary to the public interest. She noted that Wal- Mart's primary concern is for public safety, which is directly related to lighting uniformity in this instance. She reviewed the technical information and standards contained in the Illuminating Engineering Society's Handbook (lES). She stated that staff concurs that public safety is a concern; however, she noted that limitations on height and the type of light fixtures allowed have been implemented to ensure that such lighting does not negatively impact adjacent properties or roadways. She noted that the applicant proposes to erect a total of sixteen 42-foot-tall poles with . four-way 400 watt light configuration to light the parking lot. She noted that with 20-foot-tall poles, the applicant indicates that 61 poles with one-way 400 watt lights would be required to provide an adequate amount of light to ensure public safety; and that lighting would not be nearly as uniform. The Planner stated that staff has been unable to identify any unnecessary hardship due 02-22-93 -.. , . . . - 17 - to unique physical characteristics of the site, reminding the Commission that economic or financial hardship may not be considered. She noted that the applicant has suggested that 42-foot-tall poles can be placed on 180-foot by 180-foot spacing and provide better lighting that 20-foot-tall poles placed on 120-foot by 120-foot spacing. She suggested that, while the style of lighting fixture that .has been selected may not be the most appropriate for a 20-foot-tall pole, there are several other options available which do meet City code requirements that would provide adequate lighting. Planner Arkell reviewed the staff responses to the third criteria, which indicates that the spirit of the ordinance would be observed and substantial justice done. She noted that the taller poles would allow for less to be used; however, she noted the total number of luminaires would be decreased from 61 to 54. She then stated that a conversation with Mike Reichman, employee of Montana Power Company, revealed that the IES standards can be met with lower pole heights, as evidenced at the Montana Power Company office building and on the MSU campus. The Planner stated that, based on the above findings, staff cannot support the requested variance. Mr. Alex Szewczyk, Civil Land Consultants, stated they are not simply trying to reduce .the number of light poles, but are trying to minimize the impacts of lighting for both Wal-Mart and the City. He stated that one of Wal-Mart's concerns is the number of trees being required in islands within the parking lot, and the conflict that could occur between 20-foot-tall poles and those trees. He stated that the taller poles would provide more uniform and effective lighting for the parking lot, even with the trees in the parking area. He introduced Mr. Holt McConnell, indicating that he will provide the technical presentation on lighting. Mr. Holt McConnell, Malmstrom-White Company, Little Rock, Arkansas, indicated that his firm has represented Wal-Mart on lighting issues for the past twelve years; and he has been personally involved for the past six years. He distributed to the Commissioners a diagram of how 20-foot-tall poles, 35-foot-tall poles and 42-foot-tall poles in the parking lot would appear from North 7th Avenue. He referred to the IES, which ensures customers and citizens of a safely lit .parking lot. He noted that avoiding bright spots in the parking area and ensuring that light is distributed to the perimeters of the area are important items to be addressed, as well as elimination of glare and lights which allow true colors to show. He reviewed the IES recommendations for high use parking centers as well as the Wal-Mart standards. He noted that in both of those standards, avoiding bright spots while ensuring adequate lighting at the perimeters were factors. 02-22-93 .-----.-- . . , , - 18 - Mr. McConnell stated that the applicant proposes to use a WGDH luminaire with a full cut- off, which protects customers, pedestrians and motorists from unwanted glare. He noted that these are metal halide fixtures, which have good color, and are often found in car lots. He stated that to allow these luminaires to be mounted on 42-foot-tall poles would result in uniform lighting .throughout the parking area, but it would not be bright lighting, . Mr. McConnell stated that on November 9, 1992, he visited the community and reviewed the lighting used in other commercial developments. He showed pictures of the Buttreys' Shopping Center, noting that the site has 33-foot-tall poles with basic street light fixtures, with a maximum of 1.5 foot candles and a minimum of .18; Albertson's has 33-foot-tall poles with high pressure sodium fixtures, with a maximum of 5.1 under the poles and a minimum .09 at the perimeter; Safeway has metal halide lights on 33-foot-tall poles, with a maximum of 2.0 foot candles and a minimum of .4; and K Mart has 36-foot-tall poles with street light fixtures, and a maximum of 7 foot candles and a minimum of .5. He indicated that none of those places meet the IES safety recommendations. Mr. McConnell stated that at the Main Mall, the poles are 45 feet tall, with semi cut-off luminaires, with a maximum of 3 foot candles and a minimum of .5, which is the most euniform lighting in Bozeman. He noted, however, that the light source is directly visible to the highway. Mr. McConnell quoted the section on Page 14-14 of the Illuminating Engineering Society's Handbook entitled "luminaire Mounting Height", noting that Associate Planner Arkell had read a portion of that section during her presentation. He reiterated that the proposed 42-foot-talllight pole standards will allow for more uniform lighting and suggested that it will be more aesthetically pleasing to have fewer light poles in the parking lot. He further noted that the light fixtures will be less obtrusive and will be above the tinted portion of the windshield for motorists. Mr. McConnell stated that luminaires on 20-foot-tall poles could lose their effectiveness because some of them could be shielded by the large canopy trees that are being required as a part of the landscaping for the parking lot. e Mr. Alex Szewczyk stated that 42-foot-tall poles are typically used at Wal-Mart stores throughout the country. He noted that this is the height at which Wal-Mart would like to install the lights here; however, he indicated that they would be willing to consider a height between 20 feet and 42 feet if necessary. 02-22-93 --- . . . . - 19 - City Manager Wysocki entered into the record a letter from Kathryn Hiestand and Neal Miller, 8301 Starling Drive, dated February 16, encouraging the Commission to not approve the requested variance, and a copy of an article entitled "Wal-Mart lights concern residents", published in the February 14 edition of the Leader-Telegram, as submitted by Mark Roemer on this date, .along with encouragement to require 20-foot-tall poles and shields on the lights. City Manager Wysocki asked Mr. McConnell if it would be possible to place multiple way lights on 20-foot light poles and reduce the number of standards. Mr. McConnell responded that with multiple way light fixtures, the foot candles at the pole would be increased; but the light would not extend any further from the pole. Planner Arkell responded to Mr. McConnell's comment that trees could interfere with lights on 20-foot-tall poles. She stated that, with careful placement of the trees and lights and judicious trimming of trees, the trees and lights could exist in harmony. No one was present to speak in opposition to the requested variance. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye .being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the customary one-week waiting period for land use decisions be waived. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Vincent. Responding to Mayor Swanson, City Attorney Luwe reminded the Commission that under its adopted rules of procedure, a unanimous vote on this motion was necessary for the Commission to proceed with the decision. . Mayor Swanson requested that the decision on this application be placed on the afternoon agenda for next week's meeting. Public hearing - DroDosed list of Drolects to be funded through assessments receivable and notes receivable on DroDerties located in orlol"al Vallev Unit Subdivision This was the time and place set for the public hearing on the proposed list of projects to 02-22-93 . . i i.1 - 20- be funded through assessments receivable and notes receivable on properties located in the Valley Unit Subdivision. Mayor Swanson opened the public hearing. City Manager Wysocki reminded the Commission that, technically the monies from the .assessments receivable are placed in the appropriate special improvement district funds immediately upon receipt. He noted that, through Commission action, any excess monies over bond obligations in those individual districts may be transferred to the SID Revolving Fund. He stated that a subsequent Commission action may be to then transfer those monies from the SID Revolving Fund to the General Fund, as long as the statutory balance of 5 percent of all outstanding SID bonds is retained in the SID Revolving Fund. Administrative Services Director Miral Gamradt presented the staff report. He reviewed the history of the special improvement districts in Valley Unit Subdivision. He noted that in Fiscal Year 1987, the City Commission made the decision to honor the bonds which were sold to fund the improvements to the Valley Unit Subdivision, even though only 10 percent of the property within that subdivision was owned by individual property owners, and the owner of the remaining e90 percent was delinquent in his assessment payments. He explained that this resulted in an additional mill levy for the SID Revolving Fund, beginning that year that continued at a decreasing amount over the next five fiscal years. The Director stated that in 1987, State law did not allow cities to sell property for tax deed, but required that the process go through the County. He stated that the City sought legislative change to that provision to allow cities to sell properties for tax deed and further obtained legislative change to shorten the redemption period. He informed the Commission that, subsequent to those changes, the City began selling parcels at a rather slow rate; and it was estimated that the process would take ten years to complete. He noted that approximately two years ago, the real estate market took a sharp turn, so the City was able to sell the lots much more .aPidlY than originally anticipated. He stated that the last lots were sold in November 1992; and in January 1993 all of the outstanding bonds were redeemed. The Administrative Services Director stated that approximately $1.8 million in principal amount of assessments receivable and notes receivable is outstanding; and those monies should be received over the next eight and one-half years. He explained that these monies represent an excess over obligations; and disposition of those monies has been the subject of several 02-22-93 .-...-."...- . . ~ ) I' - 21 - Commission discussions over the past two months. He noted that on February 8, the Commission voted to use these monies for financing of public improvements throughout the community that would benefit the community as a whole. He stated that no decisions have been made about specific projects to be funded, with public input being taken before those making decisions. . City Manager Wysocki stated that, while no specific projects were discussed, the , Commission did establish some guidelines to be utilized in selecting projects. He noted that those include projects which result in "something for everyone"; projects which correct safety or liability concerns and create a rather immediate impact on the community; and projects which provide for utilization of the monies as they accumulate, rather than borrowing into the future. The City Manager briefly reviewed the list of proposed projects upon which this public hearing is being held. He noted that compliance with A.D.A. requirements, to ensure access for the disabled; replacement of old playground equipment at various parks; and several street improvements are included in the listing. Mayor Swanson stated that the transportation projects listed include a traffic signal at the intersection of South Willson Avenue and West College Street in FY 1998. He noted that this .project has not been recommended by the Planning Board; and he feels it is important to keep that in mind as this listing is reviewed. Mr. Don Weaver, 2404 Spring Creek Drive, stated he has probably made a reasonable contribution to the SID Revolving Fund over the past few years. He noted that traffic issues are one of the major problems facing the community now and in the near future; and he supports using these monies to build roads as opposed to using the monies for operational items. Ms. Gwendy Stuart, 808 South Third Avenue, stated her support for the proposed replacement of playground equipment at Southside Park. She indicated that several others in her neighborhood feel the same way. She noted that, because of financial constraints, the equipment was not replaced this year; and it should have been. She stated that this replacement is very . critical, noting that new playground equipment will help to keep youngsters off the area where bigger children are playing T ball. Mr. Mike Vincent, 617 South Fifth Avenue, stated that the master plan for Southside Park reflects that the park is widely used, both summer and winter. He encouraged the Commission to include monies for replacement of playground equipment in the park in the list of projects to be funded through this source, with the work being completed as quickly as possible. 02-22-93 .....---...... . . JI 1"1 - 22- Mrs. Shirley Sedivy, 2205 Highland Court, read her letter of testimony into the record. She noted that she is President of the Bozeman Chapter of the Coalition of Montanans Concerned with Disabilities as well as Bozeman's representative to the National Organization on Disabilities. She stated that she was born in Bozeman and has watched the community grow, as both a <<hysiCallY able person and as one with a disability. She stated that the most pressing problem facing the community today is implementation of the transportation plan, which will benefit everyone, "young, old, physically healthy, not so physically healthy, drivers of cars, trucks, motorcycles, riders of bicycles, walkers and joggers, homeowner, renter, resident, college student, and visitor". She stated that, while many areas need to be addressed to ensure compliance with the Americans with Disabilities Act, they are relatively inexpensive. She noted that these include ensuring that restrooms are accessible, doors into buildings provide for easy access, traffic signals include audible signals, and curb cuts are uniform and readily identified. Mrs. Sedivy informed the Commission that the financial statements as of June 30, 1992, reflect a fund balance of approximately $1.2 million in the designated reserve for fixed asset acquisition. She suggested that some of those monies be used to fund the implementation of .projects to comply with A.D.A. regulations, while the entire amount from the Valley Unit assessments receivable and notes receivable is used to jump start implementation of the transportation plan. Ms. Gretchen Saboda, 615 South Third Avenue, stated support for funding the replacement of playground equipment at Souths ide Park. She noted that the park has soccer fields, T ball fields and tennis courts; but has little playground equipment for small children. Mr. Chris Pope, 825 South Tracy Avenue, indicated he is representing the Downtown Bozeman Association. He stated that the DBA membership has expressed support for the decision to use these monies for community projects, particularly since no funding seems to be available for many of the projects that have been deemed important. He asked that the Commission consider using some of these monies to assist in the design of downtown sidewalks, lighting in the . downtown area, and pedestrian crossings. He reminded the Commission of the importance of maintaining a viable downtown area. Mr. Keith Swenson, 603 South Willson Avenue, indicated that he is representing the Bozeman Preservation Society. He noted the importance of ensuring the continued health of the community's historic areas and conservation areas, with concentration on the downtown area. He 02-22-93 .,. ',_ I"; . ,. - 23- stated support for the design of downtown sidewalks, lighting and pedestrian crossings. He stated that the Preservation Society is interested in restoring the downtown area, including the street lighting fixtures. Mr. Swenson acknowledged the proposed allocation of $50,000 in FY 1993 for a storm .drainage master plan. He indicated support for that project, noting that storm drainage in the community will become more important as growth occurs. He suggested that after the master plan has been developed, the actual implementation of the plan could be done through a utility, like the City of Billings and the City of Helena have done. Mr. Rick Jandron, 1406 Cherry Drive, stated support for the proposed replacement of playground equipment, particularly in the Hyalite View area. He noted the equipment is eighteen years old and has not been well maintained, resulting in a safety issue. Mr. Jim Devitt, 613 South Willson Avenue, representing the South Willson Improvement Association, expressed their opposition to the proposed traffic signal at South Willson Avenue and West College Street, which is tentatively scheduled for funding in FY 1998 on the proposed project list. He stated support for using these monies for projects, particularly those which provide for .imPlementation of the transportation plan; however, he suggested that this particular project be removed from the list. He reminded the Commission that at the public hearing on the transportation plan, the South Willson Improvement Association forwarded its strong opposition to this specific project, and to any signals or signs that would stop the flow of traffic along South Willson Avenue in general. He concluded that the initial document will simply be a guideline for a capital improvements program that will be reviewed every year, and will be subject to change. Former Mayor Bob Hawks, 703 West Koch Street, congratulated the Commission on its decision to utilize these monies to fund projects and for establishing criteria to be met when selecting the projects to be funded. He stated that, while he feels emphasis on transportation projects is definitely appropriate, he has reservations about the proposed funding of improvements to the South Willson Avenue/Kagy Boulevard intersection as proposed in FY 1999. He stated that, .while he recognizes the listing of projects developed at this time will be reviewed each year, he feels that only those projects behind which the Commission can fully stand should be included on the initial listing. Mrs. Edna Berg, 1314 South Third Avenue, indicated she is speaking on behalf of the Library Board of Trustees. She noted that over the past ten years, circulation at the library has 02-22-93 _ . .,.__..__ __ on u___ _"._. _ --,--,----- ---.--.- :to" J~ I .' r - 24- quadrupled, due in large part to the generous support which they have received from the City. She stated that this increase in circulation has taken its toll on staff as well as caused those checking out books to wait in line. She explained that books which are returned are not placed back on the shelves as quickly as desired. . Mrs. Berg stated support for inclusion of an automated circulation system for the library in the projects to be funded, as is proposed in the listing for FY 1996. She noted that the Board has sought funding for this project for the last four or five fiscal years; however, the monies have not been available. Mr. Melvin Hirsch, 1506 Parkview Place, indicated he is on the Board of Directors for the Bozeman Property Owners' Association. He stated that the Association believes that these monies belong to the taxpayers and, therefore, should be returned to those people, possibly through a reduction of taxes in future years. He noted that, while City officials may wish to spend the monies rather than returning them, they are not rightfully the City's to spend. Mr. David Cherry, 503 West College Street, urged the Commission to use some of these monies to replace the playground equipment at Southside Park. He encouraged the Commission eto move this project up as early in the process as possible, maybe even to FY 1993. City Manager Wysocki read into the record the following written testimony: memo from former Commissioner James Goehrung, dated February 22, suggesting that these monies be utilized as a match for state or federal grant monies; memo from Joan Rudberg, dated February 15, indicating general support for the proposed projects and commenting on those which she does not support; memo from Recreation Superintendent Sue Harkin, dated February 1, forwarding the Board's encouragement for funding of playground equipment; letter from County Road Superintendent Sam Gianfrancisco, dated February 8, forwarding the TCC's support for using all or a substantial part of the monies for transportation projects; memo from Library Director Steve Cottrell, dated February 18, encouraging funding for the automated circulation system for the library; and letter from Mary Langen, dated February 9, requesting that the monies be returned. . City Manager Wysocki stated that he appreciates what Mr. Hirsch said in his testimony; however, the City has already considered that option and come to the realization that it is not feasible. He noted that statistics from studies conducted by MSU reveal that in a five-year period, three out of four residents are new to the community. He stated that this results in an administrative nightmare, particularly when determining ownerships of every piece of property from 02-22-93 . -..-.--.-- ~<< ..,\ J .. 1 - 25 - Fiscal Year 1987 to now, and where they reside for the next eight and one-half years. He noted that, based on that information, the Commission determined that expending the monies for projects, avoiding inflationary costs because of the inability to fund them immediately, would be the best way in which to return the monies to the taxpayers who had funded the bonds for the espeCial improvement districts in the Valley Unit Subdivision. Mayor Swanson stated that the Commission has received a substantial amount of public input on the use of these monies, including the elimination of some items and possibly shifting of fiscal years for others. He suggested that the Commission close the public hearing but defer any decision until staff has had an opportunity to review the input and submit recommendations for Commission consideration. Commissioner Stiff addressed the comments which have been received about using these funds entirely for implementation of the transportation plan projects. He suggested that these monies could be used to leverage a bond issue so that an even larger chunk of those projects can be done within the next few years. He suggested that if the general public knew that these monies were being used in this manner, they would probably support such a bond issue and be willing to . fund its retirement. He went on to say that, while many of the taxpayers from years past have moved, many others have not; and this includes the ten largest taxpayers in the community, who would be entitled to approximately $.5 million of these monies. Commissioner Stiff suggested that the other projects, such as replacement of playground equipment and the automated circulation system for the library, could then be funded through the regular budget process, particularly in light of the City's good financial condition. He stated that following this proposed process would essentially tell property owners that the City is willing to proceed with those items which have been identified as of highest priority by the community. He noted that this type of opportunity has been unparalleled in recent years; and the Commission should not squander it. Mr. Mel Hirsch indicated his concurrence with Commissioner Stiff's comments on using .the monies for transportation projects, and noting that would be an acceptable alternative to lowering mill levies. Mayor Swanson added that discussions on implementation and financing of the major street improvements in the transportation plan have been scheduled for the last two weeks of March. He suggested that Commissioner Stiff's ideas be considered as a part of those discussions. 02-22-93 --"'.-.....-- --...-- - ~-- --~ .III If _,I' ~ 01. - 26- It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor . Swanson; those voting No, none. . Mayor Swanson closed the pUblic hearing. He then requested that this item be placed on the agenda within the next two or three weeks for further discussion and decision. Break - 8:26 to 8;31 D.m. Mayor Swanson declared a break from 8:26 p.m. to 8:31 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Deviation to Section 18.24.050 to allow covered entry Dorch and steDs to encroach 12 feet 6 inches into reauired 25-foot vard setback - Tvrone Featherlv. 222 South Third Avenue: Der DRB recommendations (Z-9314) City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items. He noted that the action taken by the Design Review Board .seems to include two suggestions or recommendations; and he feels it would be more appropriate to make them actual conditions for approval of the application. He stated that Assistant Planner Dave Grigsby has also indicated his desire to see these included as conditions for approval. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the request submitted by Tyrone Featherly, under Application No. Z-9314, for a deviation to Section 18.24.050 of the zoning ordinance to allow a covered entry porch and steps to encroach 12 feet 6 inches into the required 25-foot yard setback at 222 South Third Avenue, subject to the following conditions: 1. That a four-unit double hung window be used rather than the quad casement unit proposed for the south facade; and 2. That the asphalt shingles on the new roofs match the asphalt shingles on the existing residence. ahe motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 02-22-93 II. .... _\' :1 . l- .27. ADDointment to Board of Adjustment City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from Clerk of the Commission Sullivan, dated February 18, forwarding the list of applicants for the various boards and commissions. _ City Attorney Luwe reviewed the new format to be followed in making appointments to the various boards and commissions, to ensure that no Commissioner is faced with voting against an applicant while ensuring that a majority of the Commissioners support an applicant before that individual is apPointed. He noted that in the nomination process, no second is required; however, he did ask that the Commission follow the nomination process with a formal motion and vote to ratify the nominations. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that Morris Jaffe be reappointed to the Board of Adjustment with a term which expires December 31, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. . ADpointments to Board of ApDeals City Manager Wysocki noted that there were no applicants for the Board of Appeals. The Commission asked Clerk of Commission Sullivan to readvertise these vacancies. Appointments to Bozeman Area Bicvcle Advisorv Board It was moved by Commissioner Frost that Shae Bundy be nominated for the Bozeman Area Bicycle Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson. . It was moved by Commissioner Stiff that Mike Roberty be nominated for the Bozeman Area Bicycle Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson. It was moved by Commissioner Vincent that Dave Atlas be nominated for the Bozeman Area Bicycle Advisory Board. The nomination failed by the following Aye vote: those voting Aye 02-22-93 . ',. -.f ' _~-' - 28- being Commissioner Vincent. It was moved by Commissioner Knapp that Mimi Welsh be nominated for the Bozeman Area Bicycle Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and .Mayor Swanson. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission reappoint Shae Bundy, and appoint Mike Roberty and Mimi Welsh to the Bozeman Area Bicycle Advisory Board, all with one-year terms to expire on December 31, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. ApDointments to Bozeman Beautification Advisorv Board Commissioner Knapp stated that she was impressed with the number of applicants who indicated a desire to serve on this board and, in that way, return something to the community. . City Manager Wysocki noted that there are only seven applicants for this board, while the ordinance allows up to nine members. He asked if the Commission wants the Clerk to readvertise the remaining two positions. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that Joyce Armour, Eric Arneklev, Katherine Ball, Susan Higgins, Shirley Nash, Emily Swanson and Joanne Tackle be appointed to the newly-created Bozeman Beautification Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Commissioner Frost; those voting No, none. Mayor Swanson abstained. The Commission concurred that the new appointees be asked to establish their initial .staggered terms and forward that information to the Clerk of the Commission immediately following their organizational meeting, along with a response to whether they feel two additional members are necessary at this time. ADDointment to Senior Center Advisory Board It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that Shirley 02-22-93 ----..-.--- ..--. - .----.. -- ..----- ---..- ----------.-..-----.---.---..-... .----- ,; ... l I \ ,- ... - 29 - Cudney be reappointed to the Senior Center Advisory Board for a two-year term to expire on December 31, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from City Engineer Craig Brawner to several property owners, dated February 17, announcing future parking restrictions on North 11th Avenue. (2) Copy of a letter from the Mayor to Mr. David Taylor, dated February 19, in support of a proposal for funding from the Gallatin Valley land Trust for Sourdough Creek Trail. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 23, at the Carnegie Building. (4) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on .Tuesday, February 23, at the Carnegie Building. (5) The City Manager submitted his weekly report, as follows. (1) Noted that the sewer line relocation project for the North 19th Avenue interchange is nearly complete. (2) Announced that the water treatment plant expansion is approximately 50 percent complete; and will hopefully be completed in sixty days and on line by May 1, to accommodate the spring run-off period. (3) Noted that staff has been forwarding comments regarding various legislative proposals during the past few weeks. (4) Announced that the Chamber of Commerce Governmental Affairs Committee will conduct a meeting at 7:00 p.m. on Thursday, February 25, at the SUB. (5) Noted that water and sewer lines are being extended in the Valley Unit Subdivision. He stated that crews are encountering three feet of frost in that part of the community. (6) Announced that the City _urChased roughly 100 dumpsters from the City of Libby. He stated that staff has renovated those dumpsters and has set 75 of them for commercial dumpster accounts. (7) Announced that the new Personnel Director will begin work next Monday. (8) Thanked the Commission for allowing him vacation time during the past two weeks. (6) Commissioner Frost submitted t!1e following. (1) Attended meetings of the Planning Board, the Preservation Society and leadership Bozeman this past week. (2) Noted the 02-22-93 .. -e, 0\ l' -. /'1" .. - 30- letter that the Commissioners received a few weeks ago from someone in Washington who had read about Bozeman in the Northwest Magazine and how ugly it is because of the signs. He stated that he saw that article this weekend; and it truly portrayed an ugly community. He noted that the picture in the magazine was taken on East Main Street, facing west. . (7) Commissioner Knapp submitted the following. (t) Attended the committee meeting to review RFP's for updating of the water and sewer impact fees on Thursday. (2) Noted that the March issue of Bon ADDetit contains a nice article on the Spanish Peaks Brewery. (8) Commissioner Vincent asked for a report on snowpack in the Bozeman area. City Manager Wysocki responded that a report is usually issued by the Soil Conservation Service at the end of February. He noted that unofficial reports suggest a 90-percent snowpack, which is substantially higher than it has been the past few years. (9) Commissioner Vincent stated that a recent article in the Newsweek highlighted five places in Bozeman and who one might meet there. (10) Commissioner Stiff noted the article in the Sunday edition of the Bozeman Dailv Chronicle about CVR Oak's success despite setbacks. He stated that the City and its staff were .instrumental in obtaining grant monies for their restarting. He noted that Jim and Stacee Cover have done well in their business efforts in the past few years. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted that the local Chamber nominated CVR Oak for the national award. She also noted that two representatives from the Chamber are currently in Washington, D.C., with the Cover's to receive the award. (11 ) City Attorney Luwe stated that he talked to Prosecutor Susan Wordal during the break between sessions. He noted that the video cameras have been in the police cars for less than a year; and the first few months were spent in training and becoming acquainted with the equipment. He stated that cases in which the cameras were used are just now beginning to come .through the court system; and within the next two or three months, the effectiveness of those cameras should be known. . (12) Clerk of the Commission Sullivan briefly highlighted items for next week's agenda, which include review of master plans for Hyalite Park and Josephine Park, and a public hearing on multiple variances for Town and Country Warehouse Grocers. (13) Mayor Swanson submitted the following. (1) Reminded the Commissioners that 02-22-93 --.... :c ..----- -.".. ..--... .,-- ...,., Ii ".1 '....,.. - 31 - their lists of goals are due to the Clerk by meeting time next week. (2) Announced that he will be absent from the meeting of March 1 5. (3) Announced that he and Commissioner Frost will be attending a meeting with five groups who are heavily involved in working on trails and open space, those being the Recreation and Parks Advisory Board, the Parks, Open Space and Trails Committee, _he Bozeman Area Bicycle Advisory Board. the Gallatin Valley Land Trust and the Rotary Club. He stated that this meeting will hopefully result in all of the groups pulling together toward the same goal. City Manager Wysocki stated that one of the Kiwanis Clubs indicated an interest in becoming involved in a trail project, and suggested that it may be beneficial to include them in the meeting as well. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Develoomental Disabilities Awareness Month" - March 1993 Award bid - 1993 medium-duty dumo truck for Water/Sewer Deoartments - Tri- State Eauloment. Inc.. Billings. Montana - $43.653.00 . Deviations from Sections 18.18.050 to allow a shed to encroach 20 feet into required 25-foot front yard setback and 18.50.050.D. to allow three sheds to be sited in front of front building line of princioal structure - Ursula Neese. 513 North Plum Street: oer DRB recommendations (Z-9316) Deviation from Section 18.50.050.E. to allow heiaht of orooosed accessory building to exceed heiaht of Drincioal structure - Tom and Patti Agnew. 216 North Wallace Avenue: oer DRB recommendations (Z-9313) Commission Resolution No. 2905 -Intent to create SID No. 657 for the ouroose of accomolishing the enGineerina design. construction. insoection and engineering certification of asohalt concrete street imorovements. storm drainage. concrete curb and gutter. concrete sidewalk to serve Westfield Subdivision. Phase III: set oublic hearina for March 15. 1993 COMMISSION RESOLUTION NO. 2905 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 657 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION. INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CONCRETE . STREET IMPROVEMENTS. STORM DRAINAGE. CONCRETE CURB AND GUTTER. CONCRETE SIDEWALK, AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION. PHASE III, IN THE CITY OF BOZEMAN. MONTANA. Commission Resolution No. 2906 - amending the fees for cash in lieu of off- street oarking soaces in the downtown parkina district to $2.000: clarifying the oarties resDonsible for oaymen!: and revising the terms for oayment 02-22-93 ---..---.. .. .-.------ -------------- -.....--.- . '" I. ,- 'J - 32 - COMMISSION RESOLUTION NO. 2906 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE FEE FOR THE CASH-IN~LlEU PAYMENT OPTION TO THE OFF-STREET PARKING REQUIREMENT UNDER SECTION 18.50.120 OF THE ZONING TITLE OF THE BOZEMAN MUNICIPAL CODE, AS AMENDED, TO $2,000; CLARIFYING THE PARTIES RESPONSIBLE FOR PAYMENT; AND REVISING THE TERMS FOR PAYMENT. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Adjournment - 9:00 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, . Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. ATTEST: (}~J k ROBIN L. SULLIVAN Clerk of the Commission . 02-22-93