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HomeMy WebLinkAbout1993-03-01 ccm .. -- I ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOlEMAN, MONTANA March 1, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 1, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, 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 of the Consent Items be removed for discussion. City Manager Wysocki requested that Scott Johnson's request for deviations from Sections 18.50.120.A.5, 18.50.1 00.5.c(1) and 18.32.050 to allow backing into the alley, provide for alternate means for parking lot landscaping and allow 5 'Y2-foot encroachment into required 15-foot front yard setback be removed from the Consent Items for discussion. ~inutes - Februarv 22. 1993 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the minutes of the regular meeting of February 22, 1993, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Authorize absence of Commissioner Stiff from meetinas of March 1 and March 8. 1993. in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize the absence of Commissioner Stiff from the meetings of March 1 and March 8, 1993, in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye .nd No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Decision - variance from Section 18.50.035.A.2. of the zonina ordinance to allow the construction Qf parking lot light standards at a pole heiaht of 42 feet - Civil Land Consultants for Wal-Mart. Inc. This was the time and place set for the decision on the variance to Section 03-01-93 .... .....,.... '. _._ _.__., .____ ..____n ---" .c ~ , - 2 - 18.50.035.A.2. of the zoning ordinance to allow the construction of parking lot light standards at a pole height of 42 feet, as requested by Civil Land Consultants for Wal-Mart, Inc. under Application No. C-9303. City Manager Wysocki submitted to the Commission a letter from Mr. Alex Szewczyk, .dated March 1, requesting that the decision on this variance be delayed until a full Commission is present, recognizing that this will not occur until at least March 22. He recommended that the Commission honor that request and delay the decision. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission table the decision on this requested variance until a full Commission is present, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Review of master Dlans for: (a) New Hvalite View Park: and (b) JoseDhine Park City Manager Wysocki noted that copies of the proposed master plans for Hyalite Park and .0sePhine Park were included in the Commissioners' packets. Mr. Ken Bryson, Chairman of the Recreation and Parks Advisory Board, presented to the Commission the master plans for New Hyalite View Park and Josephine Park, as prepared by Dick Pohl and forwarded by the Recreation and Parks Advisory Board. The Commissioners addressed the parks individually, as follows. (a) New Hyalite View Park. Commissioner Frost stated that at the Board meeting last month, there was discussion that the location of the trail along the eastern edge of the park should be considered as flexible to allow for the most appropriate alignment at some time in the future. He then asked if the map which accompanies this master plan is flexible enough to allow realignment to occur. Mr. Bryson stated the map is designed to provide for flexibility. He noted it was the .oard's intent that the location of the trail could be modified, particularly in conjunction with a study of the native species of plants so that it does not infringe on those areas. He explained that the minimum mow line will have some impact on the location of the trail. He characterized the trail access from Kagy Boulevard as being steep and quite difficult to traverse. He noted that if a trail 03-01-93 -..--.--- , , , - 3 - easement can be obtained across private property, that could dramatically enhance the access to the trail system. Responding to Commissioner Frost, Mr. Bryson stated that the Board did not set a time on removal of the fence, although monies were included in the budget for this item. He indicated .that the Board does not know who erected the fence. which is actually located on City property. Responding to Commissioner Vincent, Mr. Bryson stated that many of the residents in the area attended the initial meeting for this park master plan, which was held on August 19, 1992. He noted that this plan represents a meeting of minds for the parkland in the New Hyalite View Subdivision, which includes strips of land between the private lots on the horseshoe streets within the subdivision. Responding to Mayor Swanson, Park Superintendent John McNeil stated that some of the playground equipment will be removed immediately this spring because it violates today's standards. He noted that some of the playground equipment can be repaired and made safe; and a few pieces of the equipment can remain as they are. He stated that wood chips must be laid around some of the equipment for cushioning. . Ms. Sharon Eversman, 1402 Cherry Drive, stated that the neighbors met several times to talk about what should be done with the park. She indicated that this master plan is a consensus of the residents at those meetings, and encouraged the Commission to approve it. Mr. Chris Boyd, Gallatin Valley Land Trust, noted that the master plan reflects the fact that the perimeter trail has the highest priority. He stated that an easement from the Hospital is required along the north end to provide for a usable trail since, without that easement, the trail would cross a street twice within a very short distance. He encouraged the Commission to work on acquiring that easement, noting that the City and the Hospital have successfully worked together in the past. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission approve the master plan for New Hyalite View Park as submitted by the Park and Recreation Advisory Board. The motion carried by the following Aye and No vote: those voting eAye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. (b) Josephine Park. Mr. Bryson stated that the Recreation and Parks Advisory Board has forwarded its separate recommendations for Page No.4 of the plan. He indicated that this page contains a change in one paragraph, from the concept that the water tank is such a "monumental 03-01-93 . , . - 4 - landmark" that any attempts at screening through the use of landscaping would be futile and only direct attention to the "aberration on the ridge" to the concept that landscaping, through the use of appropriate trees and shrubs, would serve to break up the outline of the tank. He noted that under the Board's proposal, the trees and shrubs would not be planted in a circle immediately .around the tank, but would be strategically placed in natural groupings within the fenced area . around the tank. Responding to Mayor Swanson, Mr. Bryson stated that the Board discussed the issue of whether the proposed additional landscaping would dramatically increase the costs of improving the site. He stated that following that discussion, they determined that if native plants are used in the landscaped areas, they may require some minimal irrigation to get them established. He explained that after that, the plants should be able to survive on natural moisture. He noted that on that basis, the Board's recommendation does not include any type of irrigation system for the park. Responding to Commissioner Frost, Mr. Bryson explained the importance of planting the landscaping in as natural a pattern as possible. He noted that the location of those plantings should .be determined by the view from below, to ensure maximum benefit. He continued by emphasizing the fact that this proposed landscaping is in addition to the landscaping which Mr. Pohl had proposed along the east side of the park, to screen the park from adjacent residential development. Further responding to Commissioner Frost, Mr. Bryson stated that, after considerable discussion, the Board decided to reference access from a western easement and "appropriate" parking. He noted that the Board does not know how the Commission wishes to address the issue of parking, since it does not seem desirable to encourage traffic to line the streets in that area. He emphasized the fact that the park is accessible only through trail easements; and no vehicular access is to be contemplated or encouraged. He reminded the Commission that when the trail easement from Highland Boulevard to Josephine Park was obtained, it was contemplated that a parking area would be provided for those wishing to drive to the trail system. . Commissioner Knapp suggested that the proposal to plant shrubs and trees within the fenced area around the water tank would be more beneficial to people on the same level as the water tank than those who live below. Mr. Bryson responded that one Board member had a perspective from Kagy Boulevard which suggested that the viewscape would be different with even six-foot shrubs around the tank. 03-01-93 ------ . - .-..-... -- --- . , - 5 - Mayor Swanson suggested that the plan be changed to clearly state that access to this park is by trail only, to make sure people don't try to interpret it to mean vehicle access at some time in the future. Mr. Bryson stated that change would be acceptable to the Board, noting that it simply estates what has already been alluded to in other parts of the plan. Mayor Swanson stated he has received several comments about the color of the water tank, with suggestions that earth tones would be better than the sky tones. He asked if this item was discussed by the Board. Mr. Bryson stated that the issue was discussed, including the possibility of a mural; however, they arrived at no specific recommendation. He indicated a willingness to pursue the issue further if directed to do so. City Manager Wysocki stated that the original color decision was made by a former Commission. He suggested that any decision to change the color of the water tank should be made by the Commission, rather than asking an advisory board to address the issue. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the .commission approve the master plan for Josephine Park, with the Page 4 submitted by the Recreation and Parks Advisory Board, to include the installation of landscaping around the water tank and the following modifications: that the first sentence in the third paragraph be amended to read "Landscaping, with appropriate native trees and shrubs, ..."; that a new second sentence be added which reads "An irrigation system for these trees and shrubs is not contemplated. "; and that a sentence be added at the end of the third paragraph which reads "Access to this park is to be by trail only." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1361 - zone maD chanae - R-S to R-1 - 51.8 acres located in the SE% of Section .4 and the NE% of Section 25. T2S. R5E. MPM (south of Westfield Subdivision. east of South Third Avenue and west of Wagon Wheel Road) City Manager Wysocki presented Ordinance No. 1361, as approved by City Attorney Luwe, entitled: 03-01-93 -.-- ------.-.- ------ -- , - 6 - ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-S" (RESIDENTIAL--SUBURBAN) TO AN "R-1" (RESIDENTIAL--SINGLE-FAMIL Y, LOW-DENSITY) ON 51.8 ACRES LOCATED IN THE SOUTHEAST % OF SECTION 24, AND THE NORTHEAST % OF SECTION 25, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. . The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of February 16, and recommended that it be finally adopted at this time. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1361, amending the zoning from R-S, Residential-- Suburban Country Estates, to R-1, Residential--Single-family, Medium-Density on 51.8 acres located in the Southeast one-quarter of Section 24, and the Northeast one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. .Deviations from Sections 18.50.120.A.5. 18.50.100.5.c(1) and 18.32.050 to allow backing into the allev. provide for alternate means for Darking lot landscaDing and allow 5 % foot encroachment into reauired 15-foot front yard setback - Scott Johnson. 101 East Mendenhall Street (Z-9304) City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items. He noted there are some very good points made in the staff report that were not included in the ORB recommendation. He asked that staff provide a brief overview of its report. Mayor Swanson briefly highlighted the manner in which this item will be considered, noting that after the staff report, the applicant and his representatives will be given an opportunity to address the Commission. He specifically indicated that no other input will be accepted at this time, since the Commission has received a full transmission of documents from the ORB meetings. . Associate Planner Kevin Wall reviewed his staff report, noting that the application was for a minor site plan and certificate of appropriateness, including requests for three deviations, as follows: 1. From Section 18.50.120.A.5., to allow the applicant to configure parking stalls which require backing into an alley; 2. From Section 18.50.100.5.c.(1), to allow the applicant to provide 03-01-93 . 1 - 7 - alternate means for parking lot landscaping (provide large canopy trees within the parking lot) in lieu of the required 8-foot-wide buffer strip along the right-of-way; and 3. From Section 18.32.050., to allow the applicant to construct an addition which would encroach approximately 5 % feet into the required 15-foot front yard setback along Mendenhall. . The Associate Planner stated that the application is to allow a small addition on the front of the building, cosmetic changes to the building, installation of an atrium roof, installation of a free-standing sign, removal of the front parking area and its replacement with landscaped and hardscaped surfaces, and redesign of the rear parking lot including the installation of landscaping. The Planner stated that the Design Review Board formally reviewed this application at their meeting of February 2, at which time it was approved with twelve conditions. He stated that one of those conditions required the revised site plan be submitted to the Board for a final review. He stated that the DRB then reviewed those revised plans at the February 17 meeting; and voted to accept the project as proposed and recommended Commission approval of the requested deviations. Associate Planner Wall stated that staff does not believe that the qualitative aspects of .the plan warrant approval of the certificate of appropriateness or the requested deviations. He further stated that the Historic Preservation Officer does not find that the proposed aesthetic treatment of the building meets provisions contained in Section 18.42.060 of the zoning ordinance or the Secretary of Interior's standards, particularly with the curved mission style window treatments, signage and mission style mansard roof. He went on to say that the proposed southwest/mission style is an arbitrary design solution which introduces an alien regional influence in the vicinity and the downtown business district. The Associate Planner stated that staff does not take issue with the substantive concepts contained in the proposal, only the architectural treatment. He recommended that, if the Commission wishes to approve the requested deviations, it do so with specific conditions which address those concerns with architectural elements. He reviewed the five recommended .conditions, noting that they would adequately address staft's concerns and bring the building into compliance with the zoning ordinance and the Secretary of Interior's standards. Mr. Scott Johnson, applicant, indicated that he and his parents own the building in question. He noted that this process was started at the end of November, with an informal review before the Design Review Board. He stated that they have redesigned the building as requested 03-01-93 .--- - --- . 1 - 8 - by the DRB after each review process; and in its final action on this application, the DRB voted unanimously for approval. Mr. Johnson stated that he has attempted to follow the appropriate process to obtain approval of this project, expressing concern that it is now before the Commission for discussion .because of questions and concerns raised by staff. He explained that Commission action could result in the need to redesign the building once again, when they thought that process had already been completed. Mr. Connie Hochhalter, architect, reiterated the points raised by Mr. Johnson and reviewed the process through which they have gone to date. He suggested that the proposed tile work on the building is similar to that on the BonTon building at the corner of South Willson Avenue and West Main Street; and reminded the Commission that their design was approved at the last DRB meeting. Responding to Commissioner Frost, Associate Planner Wall stated that the plan reviewed in the informal DRB review was very southwestern/Spanish in appearance, with big arches and using large logs. He stated that the Board basically indicated that those stylistic features would .not be compatible with the existing neighborhood. He explained that those features were essentially eliminated from the plans submitted for the initial formal review; however, the southwest/mission style elements were reintroduced in the plans submitted for the second formal review. The Associate Planner addressed the tiles which Mr. Hochhalter had mentioned. He noted that including tiles in upgrading of the structure was discussed and, in fact, the applicant was encouraged to pursue that idea. He informed the Commission that those tiles were to be the flat, glazed ceramic and were to be installed along the roofline to differentiate the existing structure from the new additions. He stated this intent is different from the use of roof tiles. Responding to Commissioner Frost, Planner Wall stated that the BonTon Building is .substantiallY different from the subject structure. noting that it is a landmark building in the community. He reiterated his position that the proposed design for the subject building is not similar to any other building in the immediate vicinity and does not complement the intrinsic qualities of the subject building. Commissioner Vincent expressed an interest in reviewing this application in further detail before making a decision. He noted that it had been on the consent agenda; and those items 03-01-93 _ __on__.___.__. _.__ ___ -..---.--...- -....- . I - 9 - typically require less intense review than regular agenda items, which this has become. Responding to City Manager Wysocki, Associate Planner Wall stated that all requests for deviations are forwarded to the Commission for final approval, along with the DRB's recommendation. . Further responding to the City Manager, the Planner stated that the DRB did not consider \ each of the individual architectural elements contained in Section 18.42.060 of the zoning ordinance; however, staff did point out each of the Secretary of Interior's standards with which they did not feel this application complies. Responding to the City Manager, the Planner stated that the code allows for deviations which result in a modification of physical standards. He stated he would need an opportunity to discuss with the City Attorney whether a deviation that does not conform with the architectural elements contained in Section 18.42.060 would be allowable. Mr. Scott Johnson expressed concern that the issues seem to revolve around curved windows and curved surface windows, noting that probably 60 percent of the windows on Main Street are curved in some way. He stated he does not desire to create a building that looks like .the lumber yard across the street; rather, he wants to create an attractive professional office building. He highlighted the lack of adjacent buildings to this site, and the fact that Main Street is only a block away. He urged the importance of not letting personal tastes overshadow the real issues. Mr. Johnson emphasized his desire to fix the current building up and make it look better, not degrade the site or surrounding area. Mr. Hochhalter stated he has the blueprint which was submitted at the informal DRB review, if the Commission wishes to see it. Commissioner Knapp stated an interest in delaying a decision on this item, to allow an opportunity to review the information submitted at this meeting. She noted that responses from .staff on the legality of deviating from the architectural design elements of the zoning ordinance are essential in the decision-making process. Mayor Swanson requested that this item be placed on next week's agenda for a decision. Discussion - EmDloyment Agreement for City Manager Wysocki for Calendar Year 1993 Mayor Swanson stated that a copy of the City Manager's employment agreement for 03-01-93 --- .----.. -....--... _.__.~ ._~~- , t . - 10 - Calendar Year 1992 was included in the Commissioners' packets. He forwarded his recommendations for changes to that agreement for this calendar year, as follows: 1. Section 2. That the base salary be adjusted upward by 2 percent, from $54,612 to $55,692 annually, or from $4,551 to $4,641 per month, and that the dates be changed to 1993. . 2. Section 3. That the dates of employment be changed to January 1, 1993 through June 30, 1995. 3. Section 6. That the requirement for review of the employee's performance be changed to an annual review rather than a six-month review, with the stipulation "unless the City Manager or the City Commission requests a review in the interim". 4. Section 7. That the percentage contributed to deferred compensation be increased from 1 0 percent to 1 5 percent, with reference to the federal limit of $7,500 per year. 5. Section 8. That, in light of impending federal and state increases in the gasoline tax, an additional amount be allowed to cover those costs. This could be a set dollar amount, like $40 or $50 per month, that would be triggered by an increase on those taxes, depending on the extent of those tax increases. The Mayor stated that, with the ceiling on the contribution to deferred compensation, this proposed package would result in roughly a 4-percent increase in deferred compensation plus a .-percent increase in the base salary, or a total package of 6 percent. He indicated that he has discussed the compensation with most of the Commissioners. He noted that Commissioner Stiff is absent from this meeting, forwarding his interest in seeing the compensation package being increased 4 % to 5 percent. City Manager Wysocki stated that he has been with the City of Bozeman for nine years; and he feels he has served the City well. He indicated his willingness to accept the proposed revisions as forwarded by the Mayor. Mayor Swanson reviewed statistics on City Manager salaries in the city manager form of government for communities with between 10,000 and 25,000 populations. He noted that in the west, the scale ranges from $60,500 to $83,000, with a mean of $70,300. He reviewed the mean percentage in change for the past year by region, noting that the west is the highest, .probablY because of California, with a 6. 1-percent change; the northeast has a 1 . 6-percent change; the southeast has a 3.5-percent mean change; and the midwest has a 5.2-percent mean change. Commissioner Frost stated that, given the many changes occurring in the community and the growth with its attendant by-products, he is comfortable with retaining City Manager Wysocki through this transition. He noted that the City Manager has received excellent evaluations; and he 03-01-93 ..--.- .-".--.-- . ! - 11 - knows the community well. He forwarded his support for a 5 to 6-percent increase in compensation. Commissioner Vincent stated that the increase proposed by the Mayor has been earned and is warranted. He noted that the City has several employees who have been employed for many .years and who have served the City well; and suggested that when those salary adjustments are to be made, that the level of this increase be remembered. He acknowledged the difference between management and non-management positions. City Manager Wysocki reminded the Commissioners that neither he nor department heads receive any classification adjustment on an annual basis, nor do they receive the longevity that is a part of the bargaining group contracts. He further noted that he is not in the Public Employees' Retirement System, but has opted for the ICMA Retirement System due to the nature of the city management position. Mayor Swanson expressed the concerted effort that the City made over the past five years to bring its employees to an acceptable salary level, and the effort to establish a competitive level for department heads. He stated that he feels this proposed increase is a continued step in that .process, and noted his support for the changes which he forwarded. Responding to Commissioner Vincent, the City Manager stated that when he was hired, one of the elements in his employment agreement was that he would be furnished with a City car. He noted that when that did not happen after two or three years, he asked for an allowance for the use of his vehicle; and a flat dollar amount was included in the agreement. He indicated that the amount was set to cover his costs and has been adjusted over the years. Commissioner Vincent stated that the City is, indeed, fortunate to be in a position to consider an increase in salaries at this time. He noted that the School Foundation Program and the University system are looking at no increases or possibly cuts; and there may be others in a similar situation this year. He indicated his support for giving increases when possible, noting that at some time in the future, that possibility may not exist. . Commissioner Knapp commented that one of the reasons the City is able to consider raises is because of the excellent financial management skills it has. She stated that reaching this point has not been easy; and care must be taken to protect the current financial picture. Commissioner Frost stated that every time he hears a staff presentation or works with City staff, he is impressed with the level of competence and their willingness to help. He further noted 03-01-93 -.-.--- .. - ---- --- , , - 12 - that it is nice for the Commissioners to express their appreciation for a job well done; however, "that doesn't pay the bills". It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission approve the revisions to the Employment Agreement for the City Manager for Calendar .Year 1993, as enumerated above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. City Attorney Luwe stated that staff will make the approved revisions to the Employment Agreement and place it on next week's agenda in final form for official Commission action. Review of comDensation Dackage for Clerk of Commission Sullivan Mayor Swanson stated that he and Commissioner Knapp have served on a subcommittee to work with the Clerk of the Commission on an on-going basis. He noted that, included in the Commissioners' packets were copies of some of the items which she has prepared for their review and consideration. He briefly reviewed some of the expanded duties which she will incur over the .next twelve months as well as the timeline she has established for completing various tasks in her office. He stated that ways to streamline the office are being considered in an effort to address the workload. The Mayor forwarded the subcommittee's recommendation that the Clerk be given a 1- percent increase in deferred compensation, retroactive to July 1, 1992. He noted that, based on her annual salary, that would be $25 per month. Commissioner Knapp stated it is very difficult to put a value on a "collective memory like Robin's". She noted that people often ask her questions that are not within her realm, but she is able to answer them. She then stated that with adequate staffing, she feels that the workload in the office can be addressed. Commissioner Frost thanked the subcommittee for its work on this issue, stating he feels .hiS proposal represents a fair solution. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the subcommittee's recommendation for a 1-percent increase, to be in the form of a $25 monthly contribution to deferred compensation for Clerk of the Commission Sullivan, retroactive to July 1, 1992. The motion carried by the following Aye and No vote: those voting 03-01-93 --- __n_ " . - 13 - Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Discussion - FYI Items _terns. City Manager Wysocki presented to the Commission the following "For Your Information" (1 ) Copy of Administrative Order No. 93-2, regarding advance approval for out-of- state travel by the City Manager. (2) Copy of a letter from the Department of State Lands to the Gallatin County Commission regarding Arbor Day, which is scheduled for April 30, 1993. (3) Copy of the notice seeking applications for vacancies on the Design Review Board and the Board of Appeals. (4) Agenda for the Highway Commission meeting scheduled for March 5 in Helena. (5) Agenda for the County Commission meeting scheduled for 1 :30 p.m. on Tuesday, March 2, in the Community Room of the Courthouse. . (6) Revised agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, March 2, at the Carnegie Building. (7) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday, March 2, at the Carnegie Building. (8) Agenda for the Planning Board meeting scheduled for 7:00 p.m. on Tuesday, March 2, in the Commission Room; and an addendum to that agenda. (9) The City Manager submitted his weekly report, as follows. (1) Attended the Chamber forum last week, noting approximately 60 to 70 people were in attendance. He indicated that issues of discussion included workers' comp, subdivision, the university system, the deficit, revenue sources and hazardous wastes burning. (2) Announced that he will be retaining an .appraiser to provide appraisals on various parcels in the Sourdough Creek drainage in anticipation of a possible sale to the Forest Service. He noted that before any formal action is taken, it will be placed on the Commission agenda for authorization. He reminded the Commission that this is one step in the process for acquisition of Peet's Hill; and the proceeds from the sale will be placed in the Water Fund, since that fund is the owner of the watershed property. (3) Announced that plans are being developed for the household hazardous wastes program and initial pickup, which is 03-01-93 ----- 0 ~ , - 14 - scheduled to occur this spring. (4) Noted that as much street sweeping as possible will be done this week, with the break in the weather. (5) Noted that Park Superintendent McNeil attended a workshop on pesticides and herbicides in Great Falls last week. (6) Announced that the task force for the North 19th Avenue interchange will meet on Thursday. (7) Stated that the January water :.reports indicate that the levels of copper and lead have improved dramatically, due in large part to the adjustment in pH balance at the water treatment plant. (10) Commissioner Frost submitted the following. (1) Attended the DBA Board meeting last week. (2) Stated that he feels designation of a Tree City USA is an important one to obtain, despite the information in the Arbor Day packet suggesting it is not so critical. (3) Stated that this month's issue of the American Planning Association magazine contains an interesting article on affordable housing in the state of California being required as a part of the zoning regulations. He stated that the magazine contains an article on the ISTEA process. He indicated a willingness to share these articles with any interested Commissioners. (11 ) Commissioner Knapp submitted the following. (1) Attended the Business and Professional Women's luncheon meeting on Thursday, at which the Woman of Achievement, .DorothY Bradley, was honored. She noted that Ms. Bradley has also been named the statewide Woman of Achievement. (2) Worked on goals and the transportation plan this past week. (3) Quoted a conversation overheard in a restaurant regarding the recent explosion in New York, "They are going to come out here like rats". (12) Commissioner Vincent submitted the following. (1) Stated he will serve on the Gallatin Coalition for Drug Prevention. (2) Announced that he will make a presentation at a dedication for the Habitat for Humanity in early April. (3) Stated he has been contemplating the transportation plan this past week. (4) Noted that conversations with several members of the Legislature revealed that the second half of the legislative session will be extremely difficult. He noted that support for a sales tax seems to be decreasing, which may make its passage unlikely. . He stated there is strong potential for a special session immediately following the regular session . because of the time constraints for addressing substantial issues in the regular session. (5) Noted the excellent maintenance of the ice skating rinks this winter. He noted that, while the weather has been conducive to this type of activity, the City employees have also done an outstanding job. ( 13) City Attorney Luwe submitted the following. (1) Stated he is in the process of finalizing the tree ordinance, in ordinance form. He noted that after that step is completed, he will 03-01-93 ~ . , , - 15 - meet with Park Superintendent McNeil and Commissioner Frost to discuss any changes he makes in the content of the ordinance; and he projected that the ordinance will be before the Commission by the end of the month. (2) Stated he has received a request for an ordinance on sprinkler systems from Fire Marshal Dan Figgins, which he plans to have before the Commission this month eas well. (14) Clerk of the Commission Sullivan reminded the Commissioners that goals are due today. She noted that most of the Commissioners have responded with their lists of goals. ( 15) Mayor Swanson submitted the following. (1) Suggested a format for review of the transportation plan, beginning with this evening's session. He indicated his intent to have the meeting adjourn at 9:30 p.m., with next week's work session to also be held in the evening to provide a block of uninterrupted time. (2) Stated that at noon on Wednesday, he moderated a meeting of representatives of the Rotary, Gallatin Valley Land Trust, Bozeman Area Bicycle Advisory Board, Recreation and Parks Advisory Board, Parks, Open Space and Trails Committee and the Bozeman Creek Study Group to talk about trails and open space. He stated that each group reported on its activities for the past twelve months, its plans for the next twelve months eand its problems and frustrations. He indicated that the Planning Director and Director of Public Service have been invited to participate as well; and the suggestion has been forwarded that the Historic Preservation Advisory Commission and the Bozeman Beautification Advisory Board should be represented as well. He stated that the group unanimously concurred that an application should be submitted for a Symms grant in the amount of $10,000 to $15,000 for southward extension of the Gallagator Trail. He then noted the suggestion that this group become the steering group for the enhancement monies, stating that, since the Planning Board has been designated as the agency to make recommendations for use of those monies, it may be necessary to recognize this group as being advisory to the Board. (3) Announced that he had lunch with a company that is interested in relocating, either to Tucson or Bozeman. (1 6) Commissioner Frost stated that the Recreation Advisory Board worked for nearly .wenty years before dedication of the Gallagator Park took place four years ago. He noted that since that first step was taken, the trail system has grown dramatically and with relative ease. Mayor Swanson noted the importance of City leadership in innovative ideas. He cited the dramatic increase in the sale of helmets to youth immediately after the Commissioners rode in the Sweet Pea parade with that as their theme. 03-01-93 -.--- ..-. u _. ..... __. .____ _u._. . , . - 16 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Aoorove orooosed orocess for ioint olan of action for the Bozeman Solvent Site. to be submitted to the Deoartment of Health and Environmental Sciences Authorize use of annual leave - Clerk of Commission Sullivan . March 8-12. . 1993: confirm aooointment of Brenda Statton as Actino Clerk of the Commission Authorize absence of Mayor Swanson from meetino of March 15. 1993. in comoliance with Section 7-3-4322(2). MCA Claims 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 Vincent and Mayor Swanson; those voting No, none. Recess - 5:20 o.m. Mayor Swanson declared a recess at 5:20 p.m., to reconvene at 7:00 p.m. for the .urpose of conducting the scheduled public hearing and continued discussion. Reconvene at 7:00 o.m. Mayor Swanson reconvened the Commission at 7:00 p.m. for the purpose of conducting the scheduled public hearing and continued discussion. Public hearina - multiole variances to allow exoansion of existino structure and oarkina into the reauired front yard setbacks borderina North 19th. West Beall and North 20th. thus expandina an already existing non-conforming structure - Jerry Perlinski. Town and Countrv Foods - 219 North 19th Avenue (C-9304) This was the time and place set for the public hearing on multiple variances to allow expansion of existing structure and parking into the required front yard setbacks bordering North .19th, West of Beall and North 20th, thus expanding an already existing non-conforming structure as requested by Jerry Perlinski for Town and Country Foods, more commonly located at 219 North 19th Avenue. Mayor Swanson opened the public hearing. 03-01-93 - -.--- . .....-.-..-.-. __.__~'._'.n.......- ~ --~~-- .- .. -- ..~ ..... -~_.~-""""""'--."~.' ....- .- .._......~.-"..- ~ , - 17 - City Attorney Luwe reminded the Commission that four affirmative votes are required to approve a requested variance. He noted that in this instance, if the Commission chooses to make a decision tonight, all four Commissioners present must vote in the affirmative for the variances to be granted. . Assistant Planner Dave Grigsby presented the staff report. He stated that the applicant is proposing to remodel and upgrade the existing structure and parking lot at 219 North 19th Avenue. He explained that the proposed expansion of the structure will allow for better customer circulation and services. He stated that a new median cut and turn lane are proposed for the northbound lane on North 19th Avenue, which will allow for better access to the parking lot. He also noted that the proposed improvements will provide for better circulation in the parking lot and, as a result, better safety. The Planner stated that a new loading area is being proposed, which will decrease the impacts this business now creates on the residential neighborhood to the north. He noted that improved buffering of the structure from the residential area is proposed; and landscaping is to be provided in the parking area. He further noted that this plan attempts to address the North 19th .Avenue entryway overlay corridor design objective plans. Planner Grigsby stated that the applicant proposes four main floor expansions and one second floor expansion, totalling 10,064 square feet. He indicated that these additions are to be installed in locations where they can best accommodate expansion of specific areas of service. He noted that these include an increased area for storage and warehousing, with a new loading and unloading area, and a new covered front entryway. He informed the Commission that the parking lot will meet code, with the minimum number of parking spaces and appropriate landscaping being provided. He stated that the applicant has not included a sidewalk along North 20th Avenue in the renderings submitted; however, he suggested that issue could be addressed in the site plan review. Assistant Planner Grigsby stated that this project has been informally reviewed by the .Development Review Committee and the Design Review Board. He stated that, as a result of those reviews, the DRC has expressed concern that the proposed space for truck access to the loading berth may be tight. He noted that approval of the turning lane on North 19th Avenue must be obtained from the State Department of Transportation; and the DRC suggested that obtaining such approval should be a condition for approval of these requested variances. He indicated that, after its review, the DRB forwarded its opinion that the proposed upgrade of this structure and site 03-01-93 --- .-.......- -- --. -- , , - 18 - would be positive and would generally meet the intent of the design objective plans. The Planner reviewed the surrounding uses, noting the residential development to the north, northeast and northwest; and Kirk Park to the west. He stated that those existing developments were taken into consideration when reviewing this application, to ensure that they .were not negatively impacted by the requested variances. Planner Grigsby stated that this proposed expansion will be subjected to review through the site plan review process as well as be required to obtain a Certificate of Appropriateness because it lies within an entryway corridor. He stated that to accommodate these proposed expansions, the applicant is seeking six variances to the zoning ordinance; and staff determined it would be appropriate to forward them for Commission consideration first, before the other steps are taken. He reviewed the requested variances individually, as follows: 1. From Section 18.50.160, Non-Conforming Uses and Structures, to allow the expansion of a non-conforming structure; 2. From Section 18.30.050, Yards, to allow a new addition extending north toward West Beall Street to encroach 20 feet 6 inches into the required 25-foot front yard setback; 3. From Section 18.30.050, Yards, to allow a new addition extending . west toward North 20th Avenue to encroach 8 feet 6 inches into the required 25-foot front yard setback; 4. From Section 18.30.050, Yards, to allow a new addition extending east toward North 19th Avenue to encroach 13 feet into the required 25- foot front yard setback; 5. From Section 18.50.120.K., Parking Requirements, to allow a parking stall, drive aisle and related parking lot improvements to encroach 11 feet into the required 25-foot front yard setback bordering North 20th Avenue; and 6. From Section 18.50.120.K., Parking Requirements, to allow a drive aisle and related parking lot improvements to encroach 21 feet into the required 25-foot front yard setback bordering North 19th Avenue. The Assistant Planner stated that the existing structure does meet setback requirements from North 19th Avenue and North 20th Avenue; however, it already encroaches 10 feet into the .setback along West Beall Street. He indicated that. because of the 13-foot-wide boulevard strip along North 19th Avenue, the proposed expansion on the east side of the building would be 25 feet from the curb. He stated that the Planning Office is not aware of any plans to widen North 19th Avenue, since the existing width could accommodate four lanes of traffic. He stated that the applicant has purchased ten feet of additional property along the south side to meet code requirements for the parking area. He noted that the parking lot already encroaches into the front 03-01-93 -- .---. .----. \ , - 19 - yard setbacks from North 19th Avenue and North 20th Avenue; and the requested variances would not expand that encroachment. He noted, however, that the variances would allow for development of a parking lot which provides for safer traffic circulation while meeting code requirements on numbers of parking spaces and landscaping requirements. . Assistant Planner Dave Grigsby stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court and set forth in the zoning ordinance. He briefly summarized the staff findings for each of those three criteria, as contained in the staff report. He stated that staff determined that Variance Nos. 1, 3, 4, 5 and 6 meet those public interest criteria; however, he suggested that Variance No.2 does not. He noted that with the proposed expansion and remodeling, the impacts of delivery service would be dramatically minimized for residential properties to the north and northwest. He went on to say that upgrading of the structure and attendant aesthetic changes would bring this property more into compliance with the design objective plans for the North 19th Avenue corridor. The Planner addressed the staff findings for Variance No.2. He noted that the existing structure already encroaches 10 feet into the required setback; and it is immediately across the .treet from residential development. He stated that, while the proposed addition would serve to break up the scale of the building, it could also serve to further constrict the area which is now designed to provide some buffering between this commercial use and the adjacent residential area. He forwarded staff's recommendation that, rather than allowing expansion along the West Beall Street side of the structure, the applicant should be required to refinish that side of the structure to match the architecture and materials used on the rest of the building; and should also be required to install additional landscaping to buffer from the residential uses across the street. Planner Grigsby noted that for several years, access to the subject site was from North 20th Avenue. He stated that later completions of West Beall Street and North 19th Avenue created additional front yard setback requirements. He explained that since the subject site is now eounded by streets on three sides, these new requirements have dramatically reduced the amount of property available for development; and staff believes that does create a certain degree of hardship. He noted that the business has grown considerably; and expansion of the facility to meet the demands which customers are placing on the business are now becoming necessary. He stated that with the proposed expansion, customer circulation within the store will be improved; and with the parking lot improvements, easier access to the site and a safer parking area will be provided. 03-01-93 - .-.-----.--.-- -....---. -----..-..-. ----....-..... - ~ , - 20- Planner Grisby stated that the proposed upgrading of this site will bring it more into compliance with the zoning ordinance. He stated that, except for Variance No.2, staff feels that the variances requested to accomplish the expansion and upgrading of the facility are in the public interest. He noted that, while it could be construed that the requested variances reflect .0verbUilding of the site. staff feels that streets on three sides create some of the problems. He further stated that staff believes it is preferable to allow the existing viable business to expand to serve its customers better and safer rather than possibly encouraging the applicant to find another location, thus leaving a commercial building in a fully developed portion of the community empty. Assistant Planner Grisby forwarded staff's conclusions and its recommendation that the Commission approve Variance Nos. 1, 3, 4, 5 and 6, subject to three conditions. He reviewed those conditions, and reminded the Commission of the DRC's suggestion that a fourth condition be added to require the applicant to obtain approval of the median cut on North 19th Avenue from the Montana Department of Transportation. Mr. Jerry Perlinski, President of Town and Country Foods, noted that Assistant Planner Grigsby had explained the proposed project very well. He stated that he can understand staff's .concern about the requested variance to allow construction of an addition along the West Beall Street side of the building, particularly since it is adjacent to a residential area. He stated, however, that all of the requested variances are needed to allow for appropriate expansion of the building, and to allow the business to provide the services which customers are beginning to demand as well as improve customer circulation through the store. Mr. Perlinski indicated their intent to minimize the impacts that expansion on the north side of the building might have on adjacent residential development. He stated that they propose to berm along the wall, in an effort to minimize the scale of the structure. He explained that they plan more extensive landscaping in the 4 % -foot-wide strip between that wall and the sidewalk to improve the view. Mr. Perlinski stated that the requested additions provide the minimum amount of additional .space necessary to meet customer demands. He noted that, in this light, the north addition does not extend to either corner of the existing building; therefore, pockets of greater landscaping can be provided along the north side. He suggested that this also serves to break up that surface even more, possibly resulting enhancement to the residential neighborhood. Mr. Jerry Perlinski reviewed the need for each requested addition. He stated that, given 03-01-93 .-. ---.-- ....-. --.-..- . .. ---.. -.----------- .~-_. -.--.-.- '. . - 21 - the structural format of the existing building, the existing customer circulation and floor layout cannot be substantially changed or shifted southward. He noted, therefore, that the requested expansions will be utilized to provide a meat counter, a deli counter and a bakery, which are services not currently provided but which are needed to allow the store to remain competitive with _he other grocery stores in the community. He also noted that the expansion on the west will increase the space for warehousing; and provide for better shielding of the unloading dock from the residential neighborhood. Mr. Perlinski stated that, given the costs of this proposed upgrade, it is imperative that all of the variances be approved so that they can provide all of the services demanded. He stated that if they are not all approved, it will be essential for the principals to carefully consider whether it would be financially feasible to proceed with the project. He noted that some of the improvements are really needed, like upgrading the loading and unloading area, improvements to the entrance area, and organizing and upgrading of the parking lot. He indicated that upgrading of the North 19th Avenue side of the site will benefit one of the community's entryways. Mr. Perlinski stated that they have considered the possibility of moving to another eocation. He noted, however, those costs are quite high; so they turned their attention to redesigning the eXisting building instead. He also noted that the customers are used to the present location--an issue that must be factored into a decision to relocate. Mr. Scott Bechtle, CT A Architects, stated that they have worked closely with the applicant and with Planning staff when developing the schematics for this site. He stated that they have attempted to address the issues and concerns that have been raised about how this proposed expansion might impact the surrounding residential development, and attempted to mitigate those impacts. He stated that this process was started in November; and they have revised the plans several times between then and now. He noted that the Design Review Board has indicated its support for the proposed median cut to provide access from North 19th Avenue, with the aUggestion that the car storage area be increased if possible. He indicated that he is working with irector of Public Service Forbes and City Engineer Brawner on this issue; and he has begun the initial steps in seeking Montana Department of Transportation approval. Mr. Bechtle emphasized the importance of the north side expansion for a viable project. He stated that with the relief proposed along that side, through the use of berming and landscaping, he feels that the expansion will not detrimentally impact the residential area. He also 03-01-93 __ _____ n_______ -- ---- \ . - 22 - indicated that, as previously suggested by Mr. Perlinski, the fact that the proposed addition will not extend to the corners of the existing building will help to break the lines of the wall and provide nice areas for additional landscaping. He encouraged Commission approval of all of the requested variances. . Responding to Mayor Swanson, Mr. Perlinski indicated he is willing to install a sidewalk along North 20th Avenue, if required to do so. Responding to Commissioner Frost, Assistant Planner Grigsby stated that the new Safeway expansion is similar to this proposed expansion. He noted that the wall of the building is the same distance from the street; however, the entire area is concrete sidewalk rather than a combination of sidewalk and grass. He stated that, without any type of landscaping, the scale of that wall is not broken for the residential development immediately across West Mendenhall Street. He reiterated his position that further encroachment into the setbacks will remedy the situation. Responding to Commissioner Frost, Mr. Perlinski stated that expansion on the south side of the building will essentially move the parking lot to the south, which is the reason he purchased the additional ten feet. He indicated that southward expansion of the building is not a viable elternative, both because of the interior structural constraints which he had previously noted and because there would not be adequate space for a parking lot which meets code requirements. Responding to Commissioner Frost, Mr. Cory Johnson, CTA Architects, provided the measurements from the requested addition on the north side of the structure to the street, which total 15 % feet to the back of the curb. Commissioner Vincent noted that he walks beside the Safeway store on a regular basis. He expressed his feelings that this proposed project is different from that store, because there is a vertical wall adjacent to the sidewalk, where there would be a small amount of landscaped and grassed area between the building and the sidewalk at this location. Commissioner Knapp asked how tall the addition on the north side would be. She .expressed concern that buildings should not shade streets, particularly close to intersections, in ight of the winter conditions in this area. Mr. Cory Johnson responded that addition is to be eighteen feet tall, while the existing structure is sixteen feet tall. Mr. Perlinski stated that the sidewalk is in the shade now. He explained that he does not believe that the proposed addition will extend that shadow into the street to any great extent. 03-01-93 ---- " - 23 - Mayor Swanson noted the compressors which accompany refrigeration, and the fair amount of noise they make. He asked if any steps will be taken to mitigate that noise and whether the potential for additional noise to the residential neighborhood is an issue. Mr. Perlinski responded that there are compressor coils just sitting on top of the existing _tructure, and acknowledged that they do have "a certain drone". He stated that with the new design of the structure, they propose to extend the height of the walls in an effort to block some of that noise from the residential neighborhood, even though they have not received any complaints from the neighbors to date. Responding to Commissioner Frost, Assistant Planner Grigsby stated the first plans did include a cul-de-sac on North 20th Avenue, although more recent plans have not. He indicated that the potential closure of North 20th Avenue is the major reason that the applicant is including a median cut on North 19th Avenue. Mr. Peter Husby, 403 North 20th Avenue, stated that Town and Country has been an excellent neighbor and has worked hard to develop an expansion plan that is acceptable to the neighborhood. He stated his appreciation for the thorough review which the City staff has done; .nd encouraged the Commission to approve all of the requested variances. Mr. Husby noted the importance of the median cut on North 19th Avenue, and the improved safety that will create at the intersection of West Beall Street and North 19th Avenue. He noted that at the present time, northbound traffic on North 19th Avenue must either go around the block or do a "U" turn at the intersection to gain access to Town and Country. Mr. Art Shellenberg, 313 North 20th Avenue, stated that he has reviewed the plans for the expansion and feels it will improve the neighborhood. Responding to Mayor Swanson, Mr. Shellenberg stated that the requested expansion to the north might "make it a little tight", but he feels that the break in the wall, berming and landscaping will help to mitigate the impact. . Responding to Commissioner Frost, Planner Grigsby stated that the sidewalk issue can be adequately addressed under the site plan review. Responding to Commissioner Knapp, Planning Director Epple stated that West Beall Street is a standard street, which is 37 feet from back of curb to back of curb. No one was present to speak in opposition to the requested variances. 03-01-93 ----- ---. ...--. ---- ---....--...---........- -- _ .._ n_ . . \ - 24- It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. . Mayor Swanson closed the public hearing. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the customary one-week waiting period for land use decisions be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the following requested variances, 1. From Section 18.50.160, Non-Conforming Uses and Structures, to allow the expansion of a non-conforming structure; 3. From Section 18.30.050, Yards, to allow a new addition extending west toward North 20th Avenue to encroach 8 feet 6 inches into the required 25-foot front yard setback; 4. From Section 18.30.050, Yards, to allow a new addition extending east . toward North 19th Avenue to encroach 13 feet into the required 25- foot front yard setback; 5. From Section 18.50.120.K., Parking Requirements, to allow a parking stall, drive aisle and related parking lot improvements to encroach 11 feet into the required 25-foot front yard setback bordering North 20th Avenue; and 6. From Section 18.50.120.K., Parking Requirements, to allow a drive aisle and related parking lot improvements to encroach 21 feet into the required 25-foot front yard setback bordering North 19th Avenue. subject to the following conditions: 1. That adequate landscape buffering, meeting code requirements, be installed in required front yard bordering West Beall Street, to help shield views of the structure, delivery and parking areas from the adjacent residential area, and that the north facade of the structure, facing West Beall Street, be finished (resurfaced) in the same style and materials as the new additions and remodel; . 2. That adequate landscape buffering, meeting code requirements, be installed in required front yards bordering North 20th Avenue and North 19th Avenue, to help shield views of the structure, delivery and parking areas from the adjacent park, and to help shield views of the parking area from the North 19th Avenue entryway corridor; 3. That the applicant obtain Montana Department of Transportation approval for a median cut on North 19th Avenue to allow direct access for northbound traffic into the parking lot; and 03-01-93 -.. .. . . - 25 - 4. That the proposal comply with all other applicable regulatory standards as set forth in the Bozeman zoning ordinance. Commissioner Frost stated he feels that Variance No.2 meets the criteria set by the Montana Supreme Court and should, therefore, be included in the motion. Commissioner Vincent stated his concurrence. He noted that no opposition has been .oiced by residents in the neighborhood; and he feels that the 15 % feet between the addition and the street can serve to adequately buffer the residential neighborhood, through the use of appropriate landscaping. He also stated he does not believe that the addition will cast too many shadows on the street; and the applicant seems to recognize the importance of making sure that the sidewalk is shoveled. He noted that the building drip line is not on the sidewalk, thus avoiding that potential for ice build-up. Commissioner Knapp stated her only objection to Variance No.2 is concern about icing problems on the street and sidewalk. She stated that, given the fact that the addition does not extend to the corner of the building, there is a possibility that sunlight on the street will not be hampered at the intersection. Mayor Swanson stated his support for all of the variances, although he does recognize .taff's concerns about Variance No.2. He stated that he believes the break in the wall will be a benefit to the area, and suggested that the applicant be required to install rather mature landscaping along the north side of the building. He also asked that as much consideration as possible be given to noise abatement from the compressors. It was then moved by Commissioner Frost, seconded by Commissioner Vincent, that the main motion be amended to include Variance No.2, from Section 18.30.050, Yards, to allow a new addition extending north toward West Beall Street to encroach 20 feet 6 inches into the required 25-foot front yard setback, to the main motion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. . Commissioner Knapp noted that with the addition of Variance No.2 to the main motion, Condition No. 1 must be changed to eliminate the last two and one-half lines. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the main motion be amended by revising Condition No.1 to read as follows: 1. That adequate landscape buffering, meeting code requirements, be installed in required front yard bordering West Beall Street, to help 03-01-93 , \ , - 26- shield views of the structure, delivery and parking areas from the adjacent residential area; The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. The Commission then voted on the main motion, which had been amended to read as .01l0WS: "that the Commission approve the following requested variances: 1. From Section 18.50.160, Non-Conforming Uses and Structures, to allow the expansion of a non-conforming structure; 2. From Section 18.30.050, Yards, to allow a new addition extending north toward West Beall Street to encroach 20 feet 6 inches into the required 25-foot front yard setback; 3. From Section 18.30.050, Yards, to allow a new addition extending west toward North 20th Avenue to encroach 8 feet 6 inches into the required 25-foot front yard setback; 4. From Section 18.30.050, Yards, to allow a new addition extending east toward North 19th Avenue to encroach 13 feet into the required 25- foot front yard setback; 5. From Section 18.50.120.K., Parking Requirements, to allow a parking stall, drive aisle and related parking lot improvements to encroach 11 feet into the required 25-foot front yard setback bordering North 20th Avenue; and . 6. From Section 18.50.120.K., Parking Requirements, to allow a drive aisle and related parking lot improvements to encroach 21 feet into the required 25-foot front yard setback bordering North 19th Avenue. subject to the following conditions: 1. That adequate landscape buffering, meeting code requirements, be installed in required front yard bordering West Beall Street, to help shield views of the structure, delivery and parking areas from the adjacent residential area; 2. That adequate landscape buffering, meeting code requirements, be installed in required front yards bordering North 20th Avenue and North 19th Avenue, to help shield views of the structure, delivery and parking areas from the adjacent park, and to help shield views of the parking area from the North 19th Avenue entryway corridor; 3. That the applicant obtain Montana Department of Transportation approval for a median cut on North 19th Avenue to allow direct access . for northbound traffic into the parking lot; and 4. That the proposal comply with all other applicable regulatory standards as set forth in the Bozeman zoning ordinance." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. 03-01-93 ..__ n. _._. .___._.__ .---.-----.. -,,-- " . - 27 - Break - 8:07 to 8: 19 D.m. Mayor Swanson declared a break from 8:07 p.m. to 8: 19 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. _:;::ued discussion - issues to be resolved in oreoaration for adoDtion of transDortation plan Mayor Swanson stated that during his review of this proposed transportation plan update, he has viewed the system as if there were 20,000 more residents in the community than there are today. He encouraged the rest of the Commissioners to view the document from that perspective as well, since it is designed to have a life of twenty years. He also noted the importance of remembering that the streets must connect with other streets to create an effective grid of collectors and arterials in the community, to ensure the efficient flow of traffic. Commissioner Frost emphasized the fact that every decision will impact another part of the system. He noted the importance of protecting the neighborhoods, and getting traffic to move around those neighborhoods rather than through them. Commissioner Knapp stated that establishing of a truck route must be one of the first .sues addressed, since that issue affects all others. She emphasized the importance of timing as a factor in implementing specific transportation improvements, since so many of the items are inter- related. Commissioner Vincent stated concurrence with Commissioner Frost's comments. He noted the importance of remembering that "one man's ceiling is another man's floor". He stated concern about the kind of impacts that growth will have on Bozeman and its quality of life. He indicated that the Commission must also keep in mind how much it wishes to encourage vehicular travel through the community, or whether encouraging more pedestrian and bicycle travel is more important. Commissioner Vincent stated that maintaining the integrity, safety and peace of mind in .e neighborhoods is his first priority, stating that he views increased automobile traffic in neighborhoods as intrusive and unwelcome. City Manager Wysocki commented that a news article in today's Bozeman Daily Chronicle reveals that the GalaVan system is encountering financial difficulties. He noted the MSU transit system, which has a bus route that covers much of the community. He indicated his lack of 03-01-93 ------- -~'- . ,~. " . - 28 - interest in establishing a City-operated mass transit system; however, he suggested that it may be appropriate for the City to participate in the funding of existing systems to make them available to the general public. Mayor Swanson requested that the Commission address each of the six major issues listed _n Planning Director Epple's memo of February 18. with each Commissioner stating his/her position on each. He noted the importance of waiting until a full Commission is present to formally vote on the various issues and adoption of the plan. Responding to Commissioner Vincent, the City Manager reminded the Commission that the public hearing on the transportation plan update has been closed; therefore, additional public input may not be considered in the decision-making process. Mayor Swanson forwarded the first item for discussion, listed in Director Epple's memo, as follows: 4. MSU RECOMMENDATIONS A. Administrative closure of South 11th Avenue. Commissioner Knapp stated she recognizes that the administrative closure is to be eetween 8:30 a.m. and 4:30 p.m. on weekdays when school is in session, since that is when the peak pedestrian use occurs. She expressed a strong feeling that streets should not be closed, particularly since any closure only creates problems elsewhere. She recognized that the closure is to occur only after the extension of Kagy Boulevard to South 19th Avenue is completed. She then stated that any decision to close the street should not be made until after a parking district has been created in that area, if such districts are determined to be legal. Commissioner Knapp observed that the students who cross the street are not youngsters, particularly in light of the fact that the average student at MSU is 27 years old. She noted that traffic moving through that area, particularly during the class breaks, is moving slowly because of the number of pedestrians. She stated that she feels there are other pedestrian areas in the community that are more critical than this one; and reiterated her position that she is opposed to .e proposed closure. Commissioner Vincent stated he is opposed to the street closure, stating concurrence with Commissioner Knapp's comments. Commissioner Frost stated his concurrence with Commissioners Knapp and Vincent. He noted that the transportation plan projects 10,000 vehicles per day; and it suggests that less than 03-01-93 ~ ~ . - 29 - 2,000 of those are expected to use South 19th Avenue if South 11th Avenue is closed. He expressed concern that the remaining vehicles will find alternative routes, many through residential areas and the rest moving to South Willson Avenue. He stated that he share's Commissioner Knapp's philosophy that closure of streets in general is not in the best interest of the public. . Mayor Swanson stated he does support the proposed administrative closure. He stated there is ample evidence of pedestrian injuries from crossing the street; and overlaying the anticipated increase in traffic in the community over the next twenty years further compounds the problem. He then noted that, before the administrative closure of South 11th Avenue during daytime hours could occur, it is imperative that the extension of Kagy Boulevard be completed. He stated that he is not so adamant about the need to create a neighborhood parking district before such a closure could occur. B. Northeast campus "belt loop". Commissioner Frost stated he does not support this proposal, either. He stated that the turning maneuvers which would be required on South 6th Avenue at West Harrison Street could be extremely hazardous during the winter. He noted support for the neighborhood's proposal for . partial closure of the northbound lane of South 6th Avenue on the north side of West Cleveland Street, particularly in light of the heavy use that street receives following activities at the University. Commissioner Frost stated he does not see the danger of leaving West Cleveland Street open, noting that the pedestrian traffic in that area is much less than on South 11th Avenue. He further noted that the stop signs at South 8th Avenue and West Cleveland Street provide a safe place at which to cross the street. Commissioner Frost indicated that he would support closure of West Cleveland Street between South 8th Avenue and South 11th Avenue. Mayor Swanson stated that he agrees with most of Commissioner Frost's comments. He suggested, in addition, that West Cleveland Street between South 7th Avenue and South 8th .venue be striped and that signs be posted to warn drivers of the heavy pedestrian use in that area. The Mayor forwarded his reservations about the proposal submitted by the neighborhood for partial closure of South 6th Avenue. He stated that, while he understands the concept, he is concerned that people will simply drive around the end of the barrier. 03-01-93 ... , . . - 30- Mayor Swanson then stated that he supports the proposal to close West Cleveland Street between South 8th Avenue and South 11th Avenue. He suggested that some special treatment be given to West Harrison Street between South 8th Avenue and South 11th Avenue, noting that is not a heavily used street. _ Mayor Swanson stated it is extremely important to make sure that South 8th Avenue etween West Cleveland Street and West Main Street is as friendly to both cars and bicycles as possible so that people are persuaded to use it rather than the neighborhood streets. Commissioner Vincent stated support for the proposed partial closure of South 6th Avenue at West Cleveland Street. He indicated that he is undecided about the closure of West Cleveland Street between South 8th Avenue and South 11 th Avenue, although he is leaning toward support. Commissioner Vincent stated he does not support the closure of West Cleveland Street between South 6th Avenue and South 8th Avenue, or the proposed belt loop. He stated that belt loop seems to be cumbersome and somewhat dangerous. He indicated that he can understand the University's position and desire to ensure the safety of its students; however, he suggested that Mayor Swanson's proposal for signage and striping may be adequate. . Commissioner Knapp noted the importance of making collector and arterial streets as attractive as possible to the driver. She stated she does not support the closure of West Cleveland Street between South 6th Avenue and South 8th Avenue. She noted that closure of West Cleveland Street between South 8th Avenue and South 11 th Avenue should be considered only after the decision on the administrative closure of South 11th Avenue is made. She stated that if South 11th Avenue is closed, then that portion of West Cleveland Street would become essentially useless except as a driveway to a parking area. Responding to Mayor Swanson, Commissioner Frost stated he feels that the proposed partial closure of South 6th Avenue would have the desired results. He noted that most people obey traffic control devices; and such a barrier would probably encourage people to move to South 8th Avenue, which is a collector street. . Commissioner Vincent stated he feels that most people would obey a partial closure, although he recognized there is no guarantee that the desired results would be obtained. Mayor Swanson forwarded his concern that the proposed partial closure would succeed only in transferring the problem to other neighborhood streets. 03-01-93 .. --- .__n._.. _____._.". -- - ... . . - 31 - Commissioner Vincent noted the importance of ensuring that action in one area does not negatively impact another, stating he feels it imperative to avoid creating any "sacrifice areas" in the community. Responding to City Manager Wysocki, the Planning Director stated that the transportation _Ian does not accurately measure the low volumes of traffic on residential streets. He stated that If a street closure is a possibility, it would be best to take traffic counts before the closure is completed, and then again after the closure has been installed and traffic has had a chance to develop an alternative pattern. He noted that those counts would then depict an accurate reflection of those changes in traffic and how they impact other streets. Commissioner Vincent asked if the Commission is precluded from using traffic control devices, such as stop signs, to deter traffic. He suggested that through this mechanism, it would be possible to encourage traffic to move to the collector and arterial streets, rather than traveling through neighborhoods. Mayor Swanson suggested the possibility of implementing a lower speed limit for neighborhood streets than for collector and arterial streets. He noted that to initiate a 15-mile-per- .our speed limit for residential streets could create the needed incentive for traffic to move to the arterial grid, where they could move more quickly and easily. He stated that for this to be successful. an initial concerted enforcement program would be required. He cited the fact that, through enforcement efforts, people now recognize that speeding through school zones on South 8th Avenue and West Peach Street will almost automatically result in a ticket; and they tend to obey the laws in those areas. He stated that moving concentrated enforcement efforts around the community could result in other recognizable spots where obeying the traffic laws is imperative. Commissioner Vincent stated he feels the ultimate would be to install four-way stops or traffic circles at every neighborhood intersection; however, that is not practical. He noted that some step to make driving through neighborhoods more difficult should be considered. Mayor Swanson expressed his belief that if people were asked not to drive through eSidential neighborhoods but to use arterials and collectors instead, most of them would obey the request. He noted that, to date. people have not been asked to do that; and many of them probably don't even think about the negative impact they may be creating. Responding to Commissioner Frost, Planning Director Epple stated that South Willson Avenue is designated as a minor arterial, due in large part to the traffic volumes and its actual 03-01-93 'j. f.' . - 32 - function. He emphasized the fact that this is substantially different from a major arterial status. Commissioner Frost addressed the growth which is occurring south of the community. He stated that care must be taken to ensure that an arterial system, other than South Willson Avenue and South 11th Avenue, is established to accommodate that additional traffic. Planning Director Epple informed that the Commission that they are leaning in a direction .hat is totally different from what the consultant recommended. He cautioned that a portion of the campus perceives there is a problem on West Cleveland Street between South 6th Avenue and South 8th Avenue. He noted that a partial barrier on South 6th Avenue could increase that problem, although traffic studies reveal that 80 percent of the traffic traveling northward on South 6th Avenue already turns left on West Cleveland Street. Commissioner Knapp stated that when the westward extension of Kagy Boulevard from South 11 th Avenue to South 19th Avenue is completed, she anticipates that a substantial change in traffic patterns will occur. She suggested that the creation of neighborhood parking districts could dramatically impact the amount of traffic in the neighborhoods and the attendant traffic patterns. . City Attorney Luwe reminded the Commissioners that they are simply reviewing a plan at this time. He stated that if they do make the decision to close a particular street, the statutory process for closure of that street must follow to formalize that closure. He noted that another alternative may be to vacate a street, which must also first be subjected to the statutory process. Commissioner Frost suggested that after Kagy Boulevard has been extended and a neighborhood parking district created, it may be beneficial to review the traffic situation at the corner of South 6th Avenue and West Cleveland Street to determine if additional steps are needed. Planning Director Epple explained that the consultant did recommend closure of West Harrison Street between South 8th Avenue and South 11th Avenue; however, that recommendation was not forwarded by the Planning Board, although they saw no problem with it. He stated that the consultant also suggested the closure of South 8th Avenue between West earrison Street and West Cleveland Street, which was also not forwarded by the Planning Board. 1. SOUTH WILLSON A VENUE A. Bulbs at selected intersections. Planning Director Epple stated that the Planning Board did not forward any recommendation for the installation of bulbs at selected intersections along South Willson Avenue. 03-01 -93 ..--..-----.-..... , ',' p - 33 - Responding to Commissioner Frost, the Planning Director stated that the only recommendation forwarded by the Planning Board pertaining to South Willson Avenue were the restriction of truck traffic and realignment of the intersection of South Willson/South Third/Kagy Boulevard. He noted that under the Planning Board's recommendation, trucks making deliveries .Iong South Willson Avenue would be able to travel along that roadway; however, any regional or ocal truck traffic which would be utilizing the street only to get from one place to another would not be allowed to use the road. He suggested that it might be beneficial to revise the definitions for "regional through truck traffic" and "local truck traffic" to more clearly state that concept. He stated that the street must be signed if truck traffic is not allowed, possibly with signs which read "no through truck traffic -- local pick-ups and deliveries only". Mayor Swanson stated that on Page 7-12 of the transportation plan update, there are several proposals for South Willson Avenue that have not received resident support and which have not been forwarded by the Planning Board, i.e., a landscaped median and installation of a traffic signal at its intersection with West College Street. He noted that there has been no real discussion about the possibility of adding bicycle lanes, except in some of the written testimony received by .he Commission. Commissioner Vincent stated he does not know enough about bulbs to forward a position at this time. He noted, however, that he feels some type of improvement is needed to provide for easier pedestrian crossing of the street. He noted that many years ago, people driving along South Willson Avenue would stop for pedestrians; however, that no longer occurs. Planning Director Epple provided a sketch drawing of how bulbs would be constructed at the intersections. He noted that they would probably not extend more than six feet from the existing curb; however, they would serve to shorten the distance from one safe place to another for pedestrians. He stated that they also would not interfere with the driving width of the street; and would displace a minimum of parking. Commissioner Vincent acknowledged that bulbs might not only serve to shorten the .stance which pedestrians travel, but improve visibility as well. City Manager Wysocki suggested that striping and pedestrian crossing signs at selected intersections may also be beneficial. He noted that West Garfield Street is missing from the list of intersections where such improvements are suggested. 03-01-93 ._. _._n ..._n_. " ,.1 '" - 34- Commissioner Knapp recognized that South Willson Avenue is very dangerous to cross, either walking or on a bicycle. She stated that striping would help; however, she suggested that enforcement of the 25-mile-per-hour speed limit could help even more. She noted that with the wide street, it is easy for people to travel faster than the speed limit; and in the summer, there is __ substantial amount of traffic on the street, with much of it headed to the Museum of the Rockies. Commissioner Knapp stated support for bulbs and striping at strategic locations. She noted that testimony from residents along the street revealed that they are not interested in any type of signalization or traffic control devices. Commissioner Knapp noted that the transportation plan does not include any type of municipal transportation system. She suggested that if the City were to cooperate with GalaVan and possibly the University, the traffic impacts in the community could be decreased. Mayor Swanson stated an interest in trying bulbs at a selected intersection or two. He also stated support for adding West Garfield Street to the list of intersections needing some type of pedestrian protection. The Mayor suggested that the issues of prohibiting parking on South Willson between West Babcock Street and Kagy Boulevard and installing of bike lanes have not .een considered. He indicated that the elimination of parking could also benefit pedestrians because of the additional visibility it would provide. He went on to say that the design of the proposed bulbs must be carefully considered, to ensure that they do not make snow removal more difficult and do not impair bicycle travel. Commissioner Frost stated support for the installation of bulbs, particularly with the number of children who cross the street to attend school. He suggested that the first bulb be installed at the intersection of West College Street. He asked about the width of South Willson Avenue, and whether it is wide enough to accommodate two bike lanes, each 3 to 4 feet wide; two parking lanes and two driving lanes. He stated concern about the idea of stripping parking from South Willson Avenue south of West College Street because of the number of vehicles parking on the street at all times. . Commissioner Frost noted the benefit of striping a lane for bicycles, because that defines the area for both bicyclists and motorists. Planning Director Epple suggested that South Willson Avenue may not be wide enough to accommodate Commissioner Frost's suggestion. 03-01-93 ~ . "-- ----..- ')-- ':. :.. ... - 35 - Commissioner Knapp questioned whether the City wants bicycles on South Willson Avenue, or if it would be better to encourage bicyclists to use South Tracy Avenue and South Grand Avenue. Mayor Swanson responded with his interest in providing bike lanes along major streets in _he community whenever possible. \ Mayor Swanson requested that further discussion of the transportation plan update be placed on next week's agenda, as the only evening agenda item. Adjournment - 9:38 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. . ATTEST: ~;/Lt~ ROBIN L. SULLIVAN Clerk of the Commission . 03-01-93 ,