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HomeMy WebLinkAbout1992-09-09 ccm ...:. ,..,-........... --- -.. ~ = __u - \.. ...--< -" ., MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 9, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 9, 1992, 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. Commissioner Stiff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Stiff from meetina It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission authorize the absence of Commissioner Stiff from this meeting, in compliance with .section 7-3-4322(2), M.C.A. 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. Minutes - August 24 and AUGust 31. 1992 It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the minutes of the regular meetings of August 24 and August 31, 1992, be approved as amended. 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. .presentation of olaque for oedestrian safety' - Glenna Wortman-Obie. AAA City Manager Wysocki stated that the presenter has requested that this item be delayed until the September 21 meeting, since she is unable to attend today's meeting. 09-09-92 -- ..,_... .~- ,. , .....-- . , ~ 2 ~ Preliminarv Plat - Westfield Subdivision. Phase III ~ 9.4766~acre tract located in the SE%. Section 24. T2S. R5E. MPM (lving between Waaon Wheel Road and South Third Avenue. south of the intersection of South Third Avenue and Graf Street. iust south of Westfield. Phase II) This was the time and place set for review of the preliminary plat for Westfield Subdivision, Phase III, as requested by Clair Daines under Application No. P~9221. The subject subdivision is .ocated on a 9.4766-acre tract located in the southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. It is more commonly located between Wagon Wheel Road and South Third Avenue, just south of Westfield Subdivision, Phase II. Associate Planner Debbie Arkell presented the staff report. She stated that this subdivision is the third and final phase of a master plan adopted by the Commission in June 1984 for the Westfield planned unit development. She noted that Phases I and II have been completed, with 54 single-family lots being created and 2.923 acres of open space being provided. She noted that under Phase III, an additional 29 single~family residential lots will be created and .4181 acres of open space provided. The Planner stated that at its meeting of August 18, the City~County Planning Board reviewed the staff report and considered this application in light of the eight public interest criteria .set forth by the Supreme Court. She stated that, following that review, the Board voted unanimously to approve the application, subject to 11 conditions. She stated that, subsequent to that meeting, she asked the City Engineer about the concern which the applicant voiced at the meeting regarding the requirement to pave the cul~de~sac at the south end of Fieldstone Drive West, and was assured that staff would be willing to accept a gravel cul~de~sac. She then suggested that the Commission may wish to incorporate that change in the conditions. Planner Arkell reminded the Commission that Mr. Carter Williams has recently requested annexation of the parcel immediately to the south; and that process has been completed. She noted that it is anticipated this type of residential development will continue onto that property at some time in the near future. . Respond ing to Commissioner Vincent, the Planner stated that the majority of the open space for this three~phase project was dedicated with Phases I and II, with the development of Westfield Park and the open space area. Responding to Commissioner Frost, Planner Arkell stated the requirement for installing sidewalks at the time of development or within three years is the same as has been required for the last two subdivisions. She noted that with this condition, it is guaranteed that continuous 09~O9~92 ---- ..-- v - ,-,> - 3 - sidewalks will be provided within a time certain. Mr. Clair Daines, developer, noted the 15-foot-wide greenbelt around the perimeter of the property . He noted the asset that this provides, since it screens the private property from the roadway. He then stated that, in all likelihood, he will be involved in development of the parcel to ~ 6' ~he south; and it will be done in a manner which will tie into Westfield Subdivision. Responding to Mayor Swanson, Mr. Daines stated the greenbelt area has not been improved to provide a trail system; however, a footpath has developed by use and is used by joggers. he then stated that residents of the subdivision have been maintaining this greenbelt area; and the park, which is a private park, is used by many children in the general area. Commissioner Frost asked if the residents in Phase II have made any comments about the width of their street. He noted his strong preference for the narrower width of Fieldstone Drive, noting it gives Phase I more of a neighborhood feel. He then stated he would much prefer to see a narrower street in Phase III, particularly since it is straight rather than the curvilinear streets in the other two phases. Mr. Daines stated he has heard no comments from the residents in Phase II. He then noted ..~ he had attempted to become creative in the design of Phase I, utilizing a narrower roadway; and he encountered several hurdles. He then stated that, while he personally prefers the narrower street, he will let someone else pioneer that effort. Responding to Mayor Swanson, Mr. Daines stated he feels the new policy, to require the installation of sidewalks within three years makes sense. He suggested, however, it would be more appropriate to set that deadline as three years from the date the improvements are completed and lots can be improved rather than from the date of the final site plan. No one was present to speak in opposition to the proposed preliminary plat. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Westfield Subdivision, Phase III, as requested by Clair . ...-..,. Daines under Application No. P-9221, for a 9.47G6-acre tract located in the southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That Montana Department of Health and Environmental Sciences approval of the subdivision be received prior to final plat approval. The tinal construction plans and profiles for all streets, water, sanitary sewer, fire hydrants, curb and sidewalks shall be prepared by a professional engineer and submitted for review and approval of the City Engineer and Water/Sewer Superintendent 09-09-92 --"- - --... 09-09-92 _. ~-,. ,. ~-- . . ,. - 4 - prior to final plat approval; 2. That the final plat shall contain the corrected Certificate of Dedication and corrected Certificate of County Treasurer, and that the Certificate of Examining Land Surveyor be eliminated. The discrepancies in the legal description must also be corrected on the final plat; 3. That a copy of the covenants of the subdivision, which include provisions for . ownership, maintenance and use of the common open space areas, be submitted to the Planning office for review and approval, and be filed with the final subdivision plat; 4. That the sidewalk on the east boundary of the property along Wagon Wheel Road be extended south to the boundary of Phase III, and that it be maintained and repaired by the homeowners' association. Sidewalks along Fieldstone Drive West and Lexington Drive shall be installed with the construction of each residential home as part of the building permit. Occupancy permits will not be issued until the sidewalk is installed. Upon the third anniversary (3 years) of the final plat recordation, any lot owners who have not constructed their sidewalks shall be required to install sidewalks on their lots, regardless of whether a home is constructed on the lot or not. This condition shall be included in the covenants for the subdivision; 5. That a temporary cul-de-sac with a minimum 50-foot radius gravel surface be installed at the south end of Fieldstone Drive West. An easement shall also be provided for the cul-de-sac; 6. That the property owners of record shall file with the Gallatin County Clerk and Recorder: a) Waiver of Right-to-Protest the creation of SIDs for . improvements to South Third Avenue for one-half of a residential street for paving, curb and gutter; b) Waiver of Right-to-Protest the creation of SIDs for intersection improvements at Kagy Boulevard; and c) Waiver of Right-to- Protest the participation in a park maintenance district, prior to final plat approval; 7. That the final plat reflect the names of Fieldstone Drive West and Lexington Drive; 8. That a weed control plan be submitted for review and approval by the County Weed Supervisor, and that it be incorporated into the homeowners' documents prior to final plat approval; 9. That the mail boxes for the development be placed in the right-of-way at a location acceptable by the United States Postal Service. The Postal Service shall be provided with the street names and address range serving the subdivision, as provided by the City Engineering Office, prior to final plat approval; 10. That adequate utility easements for underground utilities be shown on the final plat, Le., in addition to those shown, the 8-foot easement provided on . the south side of lot 5, Block 1 and the north side of lot 1, Block 1 must be increased to 10 feet in width; and 11. That the developers shall enter into an improvements agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security to cover the cost of the remaining improvements. The acceptance of security to complete the improvements will allow lots to be sold; however, a building permit will not be issued for any lot until approved water, sewer 09-09-92 , -, -. , - 5 - and an improved street are provided for the subject lot. 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. City Manager Wysocki presented Ordinance No. 1352, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1352 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY LYING BETWEEN LOTS 1 THROUGH 20, BLOCK C, ALDERSON'S ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their meeting of August 24, and recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1352 vacating and abandoning the north/south alley lying .between Blocks 1 through 20, Block C, Alderson's Addition. 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. Ordinance No. 1353 - Approoriation ordinance for Fiscal Year 1992-1993 City Manager Wysocki presented Ordinance No. 1353, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1353 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND . CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1993. The City Manager recommended that the Commission finally adopt this ordinance, which establishes the City's budget for this fiscal year. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission finally adopt Ordinance No. 1353, appropriating City funds for various budget units 09-09-92 --- n_ , I , . , r - 6 - for the fiscal year ending June 30, 1993. 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. 2-1993 City Manager Wysocki presented Commission Resolution No. 2875, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2875 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 1992-1993. The City Manager noted this resolution sets the mill levy which will generate the property tax revenues to support the budget for Fiscal Year 1992-93, which was adopted in the previous agenda item. He then recommended that it be adopted at this time. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .commission adopt Resolution No. 2875, establishing the mill levy for Fiscal Year 1992-93. 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. Mayor Swanson stated that he felt the budgeting process was better this year than it has ever been. He noted the work that went into the document prepared by City Manager Wysocki, Administrative Services Director Gamradt and his staff, and thanked them for a job well done. Continued discussion - annexation Dolicv The City Manager reminded the Commission that this is a continued discussion from the regular meeting of August 24. He then introduced an hour-long video entitled Conserving Rural . Character and Open Space through Innovative land Use Techniques, narrated by Randall Arendt and produced by the Center for Rural Massachusetts, which is located at the University of Massachusetts at Amherst. This video centered around the issues of clustered development and open space versus traditional development under today's typical zone code and master plan. The video also suggests that affordable housing can be provided in this type of setting. In the concept of clustered development, it is suggested that 50 percent of the dry, buildable area be set aside as 09-09~92 -..-....- . , . - 7 - open space, in addition to any wetlands or other unbuildable areas. It also references the importance of design standards, particularly for commercial developments, along entryways to the community. City Manager Wysocki noted that the clustered development concept, as discussed in the . video, typically involves ten to fifteen houses, while the conceptual plan considered by the . Commission at last week's meeting involved thirty to forty houses in a concentrated area. He also noted the video makes reference to 18-foot-wide streets, with narrow walking paths along the sides, and front doors being 70 feet apart. He noted the "no parking" signs along those narrow streets. City Manager Wysocki then reminded the Commission that the concept of clustered development can be utilized only for new developments within city limits. He suggested, therefore, that if the Commission is interested in pursuing this type of development, annexation of lands becomes extremely important. He then noted that the video discussed reducing the sizes of lots from two acres to one acre in clustered developments, while the City's zoning densities provide for typical one-quarter acre lots or smaller as the standard. . The City Manager then noted that if the City wishes to implement this clustered development concept in a rural setting on small lots, it is important that amenities such as maintenance of the open space be considered. He also suggested that two-story structures may not be acceptable in this type of setting, since they may destroy the view for others. The City Manager stated that the 70-foot setting between front doors may be possible to accomplish in Bozeman; however, he cautioned that such tight settings should be limited to residential streets only, with the arterial and collector streets being built to City standards. He noted the importance of providing curbs and gutters on those streets, given the climatic conditions of this area. He then reiterated that if the City wishes to encourage this type of development, areas must be annexed to provide the opportunity. . Assistant City Manager Brey stated concurrence with the City Manager's assessment that annexation is necessary if the City wishes to promote compact development. He noted the City is beginning to see proposals which are responsive to the new master plan and zone code. He then noted the importance of an overall program which addresses all of the components involved in compact development, not just one or two of the elements. He then noted that in the video, there was no parking in front of the house and no garage accesses at the front; therefore, access from 09-09-92 , . , , - 8 - the back must be provided. The Assistant then noted the development setting around Bozeman, with its drainage swales and broad vistas, suggesting that other amenities can be built into that setting, such as networks of open space and trails. . Commissioner Knapp noted flaws in the video and the scales shown. She then reminded the Commission that it is done in New England, which has a different history and an architecture of its own. She noted that the Rocky Mountain area has no real architectural character of its own, suggesting that the opportunity exists to develop one that is reflective of the area. She suggested that, with the harsh winters, bermed homes may provide such a character. She then noted the concepts of parking and landscaping as shown in the video are good; however, there are limitations in this area. The Commissioner then encouraged the City to become leaders in this area, noting it can have an influence on what becomes the character of the area. The City Manager noted the developers are being encouraged to provide more uniqueness in their designs; and they are beginning to respond. He then stated the City must review some of its concepts, and decide whether a 26-foot-wide residential street is adequate to serve 30 to 40 .houses in a clustered development. Mayor Swanson noted that Harry Grant proposed clustering of homes in his proposed golf course development; however, it seems his concept of clustering was different from that reflected in this video. He also noted the recent concept plan submitted by Mr. Jerry Gaston, which was also different from that shown in the video. He then noted that the concept of clustered development seems nebulous to developers at this time; and they are seeking guidance from the City on what is expected. He stated that in the video, Mr. Arendt suggests that the City picks out that portion of the site upon which they do not wish to see development; and this would possibly provide the guidance which local developers are seeking. Assistant City Manager Brey suggested that the City use clustered open space as the base .Iine for clustered developments. He also suggested that amenities such as open agricultural land. water courses or viewsheds could be utilized in clustered developments. He then noted the importance of considering each development on a site-by-site basis. Commissioner Vincent stated concurrence with the City Manager's assessment that annexation is an important element in ensuring that clustered development becomes a part of the growth pattern of the community. He then noted that with changes in Commissions, the tone of 09-09-92 , , r - 9 - development may also change. The City Manager suggested that philosophical discussions now, as well as staff continuity and regulations, may help to minimize changes as a result of changes in Commissions. Commissioner Frost stated that each application must be considered on a site specific basis, .noting the importance of avoiding a "cookie cutte," approach to innovative development. He then stated his concern with annexation is ensuring an alternative method of services which can eventually be tied into the City's services. He noted that if the City is required to provide services immediately upon annexation, it cannot be accomplished, particularly since the City has trouble maintaining its existing system. He then noted the idea of open space is intriguing; and the planting of trees could also dramatically change the appearance of the area over time. Commissioner Frost then stated that, while golf courses may be an acceptable alternative to ensure that open space is maintained, he feels it is important to provide paths and accesses so that people can gain access to the open space from every lot. He also noted that other activities must also be provide for within the open space, since not everyone golfs. Commissioner Frost noted that Phase I of the Westfield Subdivision is developed in a much .more attractive format than the proposed Phase III. He noted that, with its narrow, curved street and closeness of houses, it has more the feel of a neighborhood than a subdivision. He then noted the importance of implementing procedures which will allow more of this type of development, rather than making it more difficult to accomplish. Commissioner Frost then stated he feels that annexation is important; and he has fourteen points for discussion. The City Manager suggested that the Commission set aside a block of time for further discussion on the annexation policy. The Commission set aside time for a work session on Tuesday, October 13, for further discussion on philosophies to be incorporated into the annexation policy. eDiScuSSion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Copy of a memo from several residents in the South Sixth Avenue/West Harrison Street intersection area to the Transportation Coordinating Committee, dated August 30, regarding 09-09-92 . . I . , . - 10- that intersection. (2) Copy of a letter from the State Department of Health and Environmental Sciences to Three Rivers Disposal, dated August 27, regarding their transfer station property. (3) Copy of the response from the Montana Department of Transportation to the Mayor, .dated August 20, regarding truck routes. (4) Letter from the Human Resources Development Council, dated August 31, regarding the First Time Homebuyers' Club, along with a draft of the training curriculum. (5) Letter of resignation from the BABAB, dated September 1, as submitted by Ray Rasker. (6) Agenda for the County Commission meeting which was held at 1 :30 p.m. on Tuesday, September 8, along with daily minutes for the week of August 24. (7) Agenda for the Development Review Committee meeting held at 10:00 a.m. this date, at the Carnegie Building. (8) Agenda for the Design Review Board meeting held at 4:00 p.m. this date, at the Carnegie Building. -~ (9) Copy of a letter from the Historic Preservation Officer to CMC Real Estate, dated .. September 4, regarding demolition of the old depot. (10) The City Manager reminded the Commission that he will be out of town until September 21 for the ICMA Annual Conference, which will be held in Reno, Nevada. (11 ) Commissioner Frost noted that Money magazine contains an article which includes the ten top reasons for living in a city; and those include clean air, clean water, strong local government, medical facilities and a low crime rate. (12) Commissioner Knapp submitted the following. (1) Distributed a brochure for the Night of 100 Dinners fundraiser for the Library, which is to be held on November 7, and encouraged everyone to participate. (2) Reminded the Commission that she will be out of town and, therefore, .Will miss next week's meeting. (13) Commissioner Vincent distributed a memo from Robert and Junelle McFarland, 210 Arnold, to the Commission regarding the asphalt pathway along South Third Avenue. He suggested this issue should possibly be the subject of a future Commission discussion. (14) Mayor Swanson submitted the following. (1) Noted the amount of historic preservation activity occurring in communities in the area, including the Grand Hotel at Big Timber 09-09-92 . -~.._-- .-. .._-,. ..-...--.---.-- n__.....__..__._ .._..~_ , , - 11 - ~ and an historic hotel in downtown Red Lodge. He then noted that Red Lodge has four fairly new companies, which have a fairly substantial number of employees, and the resulting changes in the community and its downtown area. He also stated that during the past week, he stopped at Reedpoint and watched 6,000 people watching a sheep drive; and visited the museum at Cody, . Wyoming. (2) Noted an article in USA Today about Bozeman, which included a picture of the Bungalow Drug. (15) Mayor Swanson reminded the Commissioners that they must make a decision on the CDBG application following this evening's public hearing, and requested that decisions on the two requested street closures be delayed because of the length of the agenda and because one Commissioner is absent. Commissioner Knapp requested that the decisions be delayed until September 21 since she will be absent from next week's meeting. Consent Items , City Manager Wysocki presented to the Commission the following Consent Items. . Request for permission to conduct homecomina parade - Bozeman Senior High School - Main Street from Rouse Avenue to 11 th Avenue - Friday. September 25 at 2:00 p.m. Denial of application for kennel license - Elaine Mandiao. 710 North Tracy Avenue - for calendar year 1992 Multiple deviations to allow addition of second story to encroach 5 feet into 25- foot front yard setback and 7% feet into 8-foot side yard: allow camort addition to encroach 7 feet into 8-foot side yard setback and 10 feet into 25-foot front yard setback: allow principal & accessory buildinas to OCCUpy 60 % of lot - Mike Teslow . 711 East Lamme Street: per DRB recommendation Deviation to sauare footage of sign age and to allow the installation of a wall- mounted sian and banner sign - Montana Ballet Company. 221 E. Main: per DRB recommendation Authorize City Manaaer to sign engineering services contract with Thomas. Dean & Hoskins - Kaay Boulevard from South 11 th Avenue to South 19th Avenue Authorize absence of Commissioner Knapp from meeting of SePtember 14 in compliance with Section 7-3-4322(2) M.C.A. Confirm appointment of Ron Brey as Acting City Manaaer - September 10-19. . 1992 It was moved by Commissioner Frost, seconded by Commissioner Vincent, 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 Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 09-09-92 ~- . , . 1 - 12 - Recess - 5:38 D.m. Mayor Swanson declared a recess at 5:38 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. .Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Continued Dublic hearina - Conditional Use Permit - Sue Barrows. DVM. Bird and Small Animal Medical Center - to allow re-use of existing structure on a Dart of Lot 12 and Lots 13-16. Block 9. SDrinabrook Addition. as veterinary clinic (216 North 8th Avenue) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Sue Barrows, DVM, for a Bird and Small Animal Medical Center, under Application No. 2-9290, to allow re-use of an existing structure on the west 82.5 feet of Lot 12 and Lots 13-16, of the Spring brook Addition, as a veterinary clinic. The subject site is more commonly known as 216 North 8th Avenue. . Mayor Swanson opened the continued public hearing. Planning Director Andy Epple presented the staff report. He stated that under this application, a 2,400-square-foot building constructed and formerly used as an auto repair shop would be renovated for use as a veterinary clinic, limited to birds and small animals. He noted that limited sale of pet related products would be conducted in the lobby area of this clinic. He stated that improvements to the building would include infilling of the large garage door openings, with cedar lap siding and windows. He also noted that a door is to be installed at the southern-most bay on the west side of the building. The Planning Director stated that, in addition to improvements to the existing building, the applicant proposes to construct a garbage enclosure and a 12-foot by 24-foot dog run, which will .be enclosed by a 6-foot-high privacy fence. He noted that other site improvements will include a bike rack and a wheelchair ramp, as well as landscape improvements and wheelstops. The Planning Director then stated the applicant proposes to install a 13-foot by 2-foot fascia mounted sign on the rear facade and a 3-foot by 8-foot freestanding sign, six feet tall, adjacent to the West Beall Street frontage. He noted that these signs are within the allowable square footages for signage. He noted that two deviations, one from street frontage landscaping, to allow 09-09-92 -- -- -- - ,-. , , - 13 - landscaping to be placed on site rather than in the public right-of-way, and one from the sign code to allow the rear-mounted facade sign facing North 7th Avenue, have been requested in conjunction with this application. Planning Director Epple reviewed the adjacent land uses, which include single-family .esidential, multi-family residential and commercial. He then stated that staff has reviewed this application in light of the six criteria set forth in the zone code for conditional use permits and determined it is in general compliance. He noted that at its meeting of August 18, the City-County Planning Board conducted its public hearing, and forwarded a recommendation for approval, subject to 21 conditions. Mr. Rick Barrows, representing the applicant, stated the Planning Director has accurately portrayed the application. He then indicated that the conditions for approval, as reviewed by the Planning Director, are acceptable. No one was present to speak in opposition to the requested conditional use permit. 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 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 be waived. 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. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission approve the Conditional Use Permit, including the two requested deviations, requested by Sue Barrows, DVM, for a Bird and Small Animal Medical Center, under Application No. Z-9290, eto allow re-use of an existing structure on a part of lot 12 and lots 13-16, of the Springbrook Addition, as a veterinary clinic, subject to the following conditions, as recommended by the City- County Planning Board: 1. That the disabled parking space shall be signed as such; 2. That if the site development includes repaving the existing parking lot, then a stormwater drainage and grading plan must be provided to and approved by the City Engineer. If, however, no significant repaving is anticipated at this 09-09-92 --- -- ,.-.-- . . ~. > , - 14 - time, curbing and other improvements shall be done in such a manner as to direct as much runoff as possible to landscaped areas; 3. That typical curb details (including raised and/or drop curbs) and typical asphalt section detail shall be provided on the final site plan and approved by the City Engineer. The parking lot shall be curbed in accordance with the zone code unless a variance is obtained from the governing body; -~ 4. That the type and siting of a bike rack shall allow a minimum of 26 feet of -.., driving surface between the rack and parking spaces when bicycles are parked in it. Preferably, the bike rack would be located near the main entry on a raised sidewalk or outside of the paved area; 5. That the existing parking lot access approach shall be repaired and shall be a minimum of 24 feet in width. The asphalt surfacing of the approach shall be tapered so that it matches the existing Beall Street gravel grade; 6. That the applicant shall install a sidewalk on North 8th Avenue within 5 years, or when the property to the south installs a sidewalk on North 8th Avenue, whichever comes first; 7. That the applicant shall provide and file with the Gallatin County Clerk and Recorder's Office executed waivers of right-to-protest the creation of SIOs for street improvements to Beall Street including paving, curb/gutter, sidewalk and storm drainage; 8. That any floor drains or grit/oil interceptors existing or proposed for the building interior shall be shown on the final site plan. If the existing grit/oil separator is to remain in use, it shall be brought into conformance with City ~ standards. Any floor drain or interceptor in use must be demonstrated to be connected to the sanitary sewer system; -.,., 9. That the City of Bozeman will install a series 709 Watts double check valve on the water service to the building. Cost of the check valve and installation shall be paid by the owner. Future costs for annual testing of the check valve will be the responsibility of the owner; 10. That due to the residential adjacency, large animals {cattle, buffalo, lamas, etc.} shall not be treated at the facility; 11. That no animals shall be kept outdoors on the site {in the outdoor dog run or otherwise} between 6:00 p.m. and 8:00 a.m.; 12. That the applicant shall adhere to all City, State and Federal regulations concerning medical wastes disposal; 13. That a wall section showing the window inset in the garage door infill be provided on the final site plan; - 14. That the right to use and occupancy permit shall be contingent upon the . fulfillment of all general and special conditions imposed by the conditional use permit procedure; 15. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 16. That all conditions specifically stated under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 09-09-92 ~ " . , - 15 - 17. That all of the special conditions shall be consented to in writing by the applicant; 18. That seven copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee and . one signed copy shall be retained by the applicant; 19. That the applicant shall enter into an improvements agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement; 20. That a building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; 21. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the improvements agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 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. Public hearina - Community DeveloDment Block Grant aDDlication for monies to fund construction of infrastructure for low- and moderate-income housing Droiect The City Manager reminded the Commission that this was the time and place set for the public hearing on the Community Development Block Grant application for monies to fund construction of infrastructure for a low-income and moderate-income housing project. Mayor Swanson opened the public hearing. Planning Director Andy Epple noted the deadline for applications for Community Development Block Grant monies is rapidly approaching; therefore, this public hearing and the . attendant decisions must be made this evening. He then stated that the application under consideration in this public hearing is for monies to cover a portion of the costs of installing infrastructure improvements, i.e., water, sewer and streets, for an affordable housing project which the Human Resources Development Council is packaging. Mr. Jeff Rupp, Executive Director of the Human Resources Development Council, noted that this application is the result of eighteen months of work by many different organizations in the 09-09-92 --~.,.."._'- .._=-,.- - , t, . , - 16 - community. He stated that the driving concept for this application has been to address the affordable housing crisis facing Bozeman by providing both owner-occupied and rental units for low- and moderate-income persons in perpetuity. He stated that, utilizing the provisions of a land trust with several attached provisions and restrictions, he feels that this project can successfully . address the needs of many low- and moderate-income families, both now and in the future. Mr. Rupp stated that the HRDC has acquired developmental rights to ten acres located north of West Babcock Street, just west of Gibsons'; and they will be seeking annexation so that this parcel can be developed at City densities and with City services. He stated that the HRDC has committed monies from various sources to this project over the next three years; and they have absorbed all of the purchase price of the property. He noted that the City contribution he is seeking is to provide the funds for the infrastructure, which is estimated to cost $500,000. He suggested that $375,000 would be covered by this CDBG application; $60,000 would be from the City's revolving loan fund for housing; $20,000 from the City's General Fund; and $20,000 in fee waivers for water and sewer hook-ups as well as waiver of the cash-in-lieu payment for water rights as a result of annexation. ~ Mr. Rupp stated that the HRDC has hired Barbara Richard to write and submit the grant -.,., application to the Montana Department of Commerce. He stated that implementation of the project will involve people from different professions, who are experts in those various fields, with no duplication of effort. He noted that financing will be through local banks whenever possible as well as through the Seattle Federal Home Loan Bank; and the Southwest Montana Building Industry Association will be utilized for construction of the homes. Mr. Rupp stated that under this project, 26 single-family residences will be constructed at a cost of $60,000 or less; and 24 multi-family residences will be constructed, in six four-plexes, at a cost of $50,000 per unit. He stated that, with these lower housing costs, it is anticipated that families with incomes of $22,600, and possibly as low as $15,500, will be able to enjoy home . ownership. He noted the benefits of this program, particularly since the $ 22, 600 figure is $10,000 below the income level reportedly needed for a Bozeman resident to own a home. He then stated it is anticipated that rents for the rental homes will be $275 with utilities for a two-bedroom and $350 with utilities for a three-bedroom unit. Mr. Dan Kamp, Cikan Architects, showed the Commission a conceptual layout of the project, noting that the multi-family units will be constructed on the south end of the parcel, with 09-09-92 . f . , - 17 - the single-family units being constructed on the north end of the property. He noted that open space has been incorporated into this layout, with approximately one-third of the ten-acre parcel being maintained in open space, particularly along the corridor for the irrigation ditch. He stated that he is in the process of refining the schematics for the single-family and multi-family residences; .and they were not complete enough for presentation at this hearing. Responding to Commissioner Frost, Mr. Kamp indicated that extension of West Beall Street to the south end of this project is anticipated, if that extension is determined logical and practical by the City. Commissioner Vincent asked if it is anticipated that this development will be occupied by long-term families or if it will be a short-term solution for many families, who move up in the housing market as incomes rise. He also asked if the rental units in this development will become stepping stones for those wishing to enter the homeowner category, possibly also in this development. Mr. Jeff Rupp responded that this is the first project of this type in Montana; therefore, it is difficult to predict how the process will actually work. He noted this proposal is structured so .that any of those possibilities can, and probably will, occur. He stated that the key is the land trust concept, which will ensure that this project is dedicated to low- and moderate-income families in perpetuity; and the shared appreciation schedule and resale restrictions will ensure that it remains in that price range. He then stated that the HRDC will retain ownership of the land; and the individual will then purchase the house constructed on that lot and pay a lease for the land. Further responding to Commissioner Vincent, Mr. Rupp stated all potential homeowners in this project will be required to first complete the first time homebuyers club, which is operated through the First Bank of Bozeman. He noted that the homes will then be sold on a first come, first served basis. Responding to Mayor Swanson, Mr. Rupp stated the $150,000 purchase price of the .property has not been factored into recapturing of the up-front costs their office incurs. He then noted that payment of ground leases and future hook-ups to water and sewer line will go into a trust account, to ensure that this program will continue and possibly result in future projects. Mayor Swanson then asked how the individual homeowners will build equity. Ms. Caren Couch, Housing Program Manager for HRDC, stated the recapture schedule has not been totally finalized at this time; and it will remain open for revision at any time if it is 09-09-92 . t , - 18 - determined the current schedule is not working properly. She then stated that the schedule will be on a sliding scale, taking such things as length of ownership and improvements to the home into consideration. Responding to Mayor Swanson, the City Manager indicated that the Commission is to .provide general support for this application, noting that details of the City's financial support for the project will be addressed at such time as the grant is approved. Mrs. Joan Rudberg, 803 North 17th Avenue, Director of United Way, noted that United Way has completed needs assessments on a periodic basis, and reviewed some of those results. She noted that in the September 1989 assessment, affordable housing was fifth in the community rating of serious problems. At that time, 25.9 percent of the respondents felt it was a serious problem; and 51 percent identified it as a problem. She then stated that the June 1992 assessment reflected that 69.2 percent of the respondents felt that affordable housing was a problem. She also noted that of the 64 people making comments on the survey, 17, or 27 percent, made comments regarding affordable housing. Mrs. Rudberg then stated support for this application, noting that it addresses which has .been identified as a definite, and growing need, in the community. She noted the extreme housing shortage which many young couples, many of whom are low- or moderate-income families, are facing. Mrs. Joan Davies, 105 Sourdough Ridge Road, Director of the Gallatin County Welfare Department, stated support for this application. She noted that her office serves over 1,000 families, through its various assistance programs, who are typically very low-income families. She stated that these people often cannot afford the rents charged; and home ownership is not even an option for them. She reiterated her total support for this project, noting HRDC's reputation for serving people. Ms. Kathy Gallagher, 3011 Candy Lane, stated she is a homeowner and has rental units. . She noted the extreme lack of affordable housing in the community, as evidenced by the fact that the company for which she works cannot attract employees to the area with jobs paying from the mid-$20,000 to the low-$30,000 range because they cannot find housing. She noted that she and her friends have discussed the possibility of forming a housing coalition in an attempt to address this issue, stating her support for this application. Mr. Michael Garrity, developer of Brentwood Subdivision and owner of property adjacent to 09-09-92 -~--_._-----_.- -..-------.----..------.------- ..--.... " , , . - 19 - the subject site, stated he is a proponent of this application. He noted there is a great need for affordable housing in Bozeman; and he is supportive of this attempt to address that need. He stated, however, that as an adjoining property owner, he is concerned that steps should be taken to ensure that this project will be an asset to the community, rather than becoming an eyesore. . He noted the importance of the shared appreciation schedule, noting that if it is properly set up, it will encourage the homeowners to maintain and possibly enhance their homes. He then asked questions about the program, including whether the program can be modified and by whom. City Manager Wysocki noted that Mr. Rupp has outlined specific dollar amounts and sources as the City's participation in this project. He then requested that the Commission, while committing to the dollars needed, not specify the sources, but allow staff to come back later with a recommendation on that issue. He noted that $475,000 to $500,000 is needed to complete the infrastructure for this project; and the difference between that total and the CDBG funding is the amount which would be addressed in the future. Mr. Jeff Rupp stated the program can be modified in the future, noting that the issue of resale restrictions is one with which their office is presently struggling and which will probably .require some modification. He then stated his concurrence with Mr. Garrity's comment that it is important to provide as much incentive to the homeowner as possible, to ensure the property is nicely maintained. Responding to Commissioner Knapp, Mrs. Barbara Richard stated that the needs assessment supports the "Whereases" in Commission Resolution No. 2876; and that document will accompany this application. City Manager Wysocki requested that Commission Resolution No. 2877 be amended to authorize Acting City Manager Brey to sign the appropriate documents, since he will be out of town for a meeting. Planning Director Epple noted that, included in the documents for the City to provide is the . draft of a letter to Mr. Rupp indicating the City's willingness to implement annexation of the property. He then stated that the letter, as drafted, has generated some concern from the City Attorney. He noted that the City is willing to work with the Human Resources Development Council on development of the site; however, he does not feel the City can make a commitment to annex without first going through the process. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public 09-09-92 . . , - 20 - 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. . City Manager Wysocki presented Commission Resolution No. 2876, entitled: COMMISSION RESOLUTION NO. 2876 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECOGNIZING THE RESULTS OF COMMUNITY NEEDS ASSESSMENT, ADOPTING NEEDS ASSESSMENT AS OFFICIAL PLANNING DOCUMENT AND ADOPTING POLICIES TO ADDRESS IDENTIFIED NEEDS. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission adopt Commission Resolution No. 2876, adopting the 1991 Needs Assessment as an official planning document. 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 policy statement which is to be attached to Commission Resolution No. ~ 2876. 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. City Manager Wysocki presented Commission Resolution No. 2877/ entitled: COMMISSION RESOLUTION NO. 2877 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AUTHORIZING THE ACTING CITY MANAGER TO SUBMIT AN APPLICATION TO THE MONTANA DEPARTMENT OF COMMERCE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission adopt Commission Resolution No. 2877, authorizing the Acting City Manager to . submit the application for Community Development Block Grant monies. and further authorize the Acting City Manager to sign all attendant documents. 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. 09-09-92 -.-.---..-- " , - 21 - Break - 7:55 to 7:59 D.m. Mayor Swanson declared a break from 7:55 p.m. to 7:59 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. .PUbIiC hearing - Commission Resolution No. 2871 - intent to close the intersection of South Sixth Avenue and West Harrison Street bv Dlacing a diagonal barricade across said intersection This was the time and place set for the public hearing on Commission Resolution No. 2871, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2871 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE THE INTERSECTION OF SOUTH SIXTH A VENUE AND WEST HARRISON STREET BY PLACING A DIAGONAL BARRICADE ACROSS SAID INTERSECTION. Mayor Swanson opened the public hearing. Director of Public Service Phill Forbes presented the staff report. He reminded the Commission that, based on a petition signed by 50 percent of the affected property owners, the Commission adopted this resolution, stating its intent to place a diagonal barricade from the .JIa northeast corner to the southwest corner of the intersection of South Sixth Avenue and West ~ Harrison Street. He noted that the affect of this barrier would be to cause traffic moving north on South 6th Avenue to turn west on West Harrison Street; and traffic moving south on South 6th Avenue would turn east on West Harrison Street. The Director stated that, in response to this application, the City would erect advance warning signage, indicating a 90-degree turn is required at the intersection; and a diagonal of directional chevrons will be posted along the diagonal in the intersection. He also noted that additional parking restrictions will be imposed near the intersection, to provide better access in and near the intersection. The Director stated these are temporary measures; and if the intersection is to be permanently closed, the turning radii on the appropriate quadrants of the intersection will . be increased to provide for better turning maneuvers; and some type of raised or planted median will be constructed across the intersection. He stated that if this type of improvement is to be constructed, it must be done in a manner that will allow his department employees access to the three manholes in the intersection; or they must be relocated at considerable expense. The Director then recommended that the Commission take no action on this request without first understanding the cost participation by the applicants. He reminded the Commission that the 09-09-92 __ m.__ ____._ .' . , - 22 - budget for this fiscal year does include $58,000 for Transportation System Management (TSM) projects; however, those monies are to fund a small portion of the 70 projects contained in the transportation plan update. He stated, therefore, if the Commission decides to pursue this closure, it can anticipate a budget amendment to provide the funding. . Responding to the Mayor, Director Forbes stated this is a fairly old intersection, with a tight turning radius. He stated that the radius must be increased from the present 5 percent to 15 or 20 percent, which would require pouring a new concrete curb and repaving the intersection. Further responding to the Mayor, the Director stated he does not yet have a formula developed for cost participation. He noted that in previous discussions about this closure, the issue of MSU participation has been raised. He stated that until it is known who is participating financially, the formula cannot be finalized. Commissioner Knapp asked if two vehicles can pass in the intersection if it is blocked. The Director stated that there will be approximately 20 feet between the chevrons and the tip of the radius. He noted that while it is physically possible for two vehicles to pass in that amount of space, both drivers would have to exercise extreme caution. . Further responding to Commissioner Knapp, the Director concurred that the amount of room available for such maneuvers in the winter will be decreased, unless great care is taken to ensure that the snow is plowed back away from the corner. He then indicated it would be very difficult for a snowplow to negotiate the corner to keep it well plowed. He also noted the downhill slope of South 6th Avenue as it approaches that intersection. Commissioner Knapp noted that the Commission has received a memo from the Fire Department, indicating their concern about access. She then asked if a long fire truck would be able to negotiate this intersection with the barricade. The Director stated he cannot respond to questions about the Fire Department's equipment or concerns. He noted, however, that emergency responders must be made aware of this closure .so they can respond in the quickest manner possible. Responding to Commissioner Knapp, the Director stated that break-away chevrons could be used; however, he noted they typically are set to break from one direction, and these could be hit from any of four sides. Commissioner Frost noted that both the Director of Public Service and the Fire Chief have suggested alternative options should be considered. He noted the previous discussions about round 09-09-92 ---------- - --...----.-- --. . . , . . . - 23 - abouts and asked if other alternatives are possible for dealing with the additional traffic on South 6th Avenue. Director of Public Service Forbes stated there are "a number of arrows in the quiver"; and this proposal is more radical than some of the others. He noted that some people have suggested . the use of stop signs, to make this route too inconvenient. He stated that, while he typically opposes this reason for installing stop signs, it might be a preferable alternative to blocking of the intersection. Responding to Commissioner Frost, the Director stated that, while stop signs may be inconvenient, they may not change people's habits; however, a barrier will. Mr. Bill Rose, Facilities Services Director at MSU, stated his qualified support for this proposed closure. He stated that, while MSU is not opposed to the closure of the intersection of South 6th Avenue and West Harrison Street, he feels that MSU's participation in the costs should be required only if their closure of South 7th Avenue has increased the traffic on South 6th Avenue enough to warrant the requested improvements. He then reviewed the provisions of the agreement between MSU and the City, which was signed as a part of the approval process for vacation of .south 7th Avenue between West Cleveland Street and West Grant Street, through the MSU campus. Mr. Rose suggested that the determination on MSU participation be made after a traffic count has been taken, particularly since he has received telephone calls on both sides of the issue from residents living along South 6th Avenue. He then noted that he has driven South 6th Avenue every day from West Koch Street to campus; and he has seen few other cars on the street, suggesting limited if any impact on that roadway. He stated that he feels most traffic to and from the campus uses more controlled streets, like South 8th Avenue, rather than those streets with several uncontrolled intersections. Mr. Rose suggested that the proposed closure of this intersection could serve to protect the .integrity of this residential neighborhood immediately to the north of the campus. He reiterated his position, however, that MSU should participate only if the traffic counts warrant. He suggested that new counts be taken now, near the subject intersection, with those counts being compared with previous counts taken this time of year. Mr. Rose reminded the Commission that, in addition to the closure of South 7th Avenue, a parking district was to be created and Kagy Boulevard was to be extended from South 11th 09-09-92 . _u .._ ______ ... _.___.____.__.u _. __ ________.__ _ _ .._ _.____.. ._ _ .._ .n..__ _______.__. _________._._._.__.___ 'I ~ , . - 24- Avenue to South 19th Avenue. He noted that, to date, only one of those improvements has occurred; and he feels that the other two may also mitigate some of the traffic impacts in the residential neighborhoods when they are implemented. He stated, however, that if traffic counts taken at this time warrant it, MSU will participate in the costs. He noted that without this type of .jUstification, it would not be in MSU's or the taxpayers' best interests for the University to share in these costs. Mr. Bob Swinth, 819 South 6th Avenue, stated his support for this requested closure. He noted that some residents of this area have worked diligently for over a year to get this closure accomplished. He stated that he has observed the traffic on South 6th Avenue between West Cleveland Street and West Harrison Street; and he feels it has increased. He noted that several residents of the area met last evening and reaffirmed their commitment to this project. He stated they are willing to contribute financially and feel that MSU should pay its fair share also. He stated they do not feel their street should be a "de facto thoroughfare" because of inaction. He also noted concern about the speeds with which vehicles move on South 6th Avenue and West Harrison Street. He noted that since the closure of South 7th Avenue, accidents have occurred at the .subject intersection as well as at South 7th Avenue and West College Street. Mr. Swinth then suggested that the Commission approve the diagonal barricade across the intersection, suggesting that it can be reviewed after a year. He noted that at that time, a determination can be made on whether a permanent structure should be installed or whether another alternative would be better. Ms. Christie Lavin, member of the Neighborhood Traffic Advisory Committee, a citizens' group, read a letter of support for the proposal into the record. She noted that this proposal will help to protect this residential area from the impacts of traffic using it as a through area. Ms. Sheila Devitt, 814 South 6th Avenue, stated her support for this proposal. She than asked the Director of Public Service to provide the width of South 6th Avenue with cars parked on . both sides of the street. She noted that at the neighborhood meeting, they discussed the possibility of making the northwest corner of the intersection a one-way corner, which would eliminate the possibility of accidents at the intersection. Ms. Devitt then stated that, under the agreement between MSU and the City, she feels that MSU should be required to contribute financially. She also encouraged Commission support of this request, noting that completing a traffic count at this time would be beneficial. She noted that one 09-09-92 ..... -....--.......-- -----.-.-..- c. . , . . - 25 - morning, she sat in her living room counting vehicles, and between 7:40 a.m. and 8:00 a.m., she counted one car every five minutes traveling up South 6th Avenue; and they were all headed toward campus. She then stated there was not that much traffic on the street before. Mr. Michael Vincent, 617 South 5th Avenue, stated the neighborhood has many small ........... children; and stop signs do not protect them from the additional traffic. He noted the need to - divert traffic onto the arterials and out of the neighborhoods. He then stated that service vehicles can learn to work with the traffic diversions; and emergency personnel will soon learn alternative routes for response. He then noted the importance of protecting the neighborhood and encouraged Commission support. Mr. Marty Hamilton, 309 South 6th Avenue, noted his support for this requested closure, even though he lives several blocks from the subject intersection and it impacts his travel to the campus. Mr. James Timmer, 811 South 6th Avenue, stated he has young children who play with the children across the street; and he feels that steps should be taken to protect them from traffic as much as possible. ........ - Ms. Lisa Prugh, 404 South 6th Avenue, stated that she has done a video tape showing the ~ traffic on South 6th Avenue at West Harrison Street between the hours of 4:45 p.m. and 5: 1 0 p.m.; and that tape is available for any interested Commissioner to view. She then noted the speed with which traffic moves in front of her home, noting her support for any measure which will protect the neighborhood. Mr. John Schlegelmilch, 818 South 6th Avenue, stated he is very concerned about the impact of increased traffic on the neighborhood. He then stated support for this requested closure. Mr. Roger Craft, 715 West Koch Street, stated that, while he is not directly affected by the requested closure, he does support it. He noted that traffic patterns can be controlled through the use of incentives and disincentives; and this is a disincentive. He then noted that the proposals eset torth in this agenda item and the following item are disincentives, and stated his support for . both. ,. Mr. David Briar, 617 West Harrison Street, stated his opposition to the proposed barricade, nOl.ng that the traffic would be diverted past his house. He also stated that, aesthetically, he doesn't like the idea of a row of reflectors in front of his house. He then stated he does not believe that 20 feet is wide enough for two cars to turn past each other on the corner; and he does not 09-09-92 .--.-------- " . . , - 26 - believe that a fire truck could maneuver around the corner. He further noted that the snow is rarely plowed because of the cars parked along the street. He then stated that, while he sympathizes with the concept of controlling traffic in the area, he does not feel this is the way to do it. He suggested that, instead, the installation of four-way stop signs may generate the desired .disincentive. Mr. Paul Swenson, 613 West Harrison Street, noted that the typical MSU student drives a pickup; and he does not feel that two of those could meet on the corner with a barricade in the middle of the street. He then stated his opposition to this requested closure, particularly since any diversion within this residential neighborhood would only increase the distance that vehicles would move through the neighborhood. Ms. Alma Dugdale, 525 West Harrison Street, stated her strong opposition to this proposed closure, noting that she lives at the intersection. She noted that increasing the turning radius for the intersection would negatively impact her property. She also noted the impact that the barricade would have on service vehicles, and the difficulties it would create for them in providing services to the public. She suggested that placing a barricade across the intersection will serve to increase -the number of accidents that occur at the intersection, particularly if a planter is placed across the ..,., street, taking even more of the space available for vehicular maneuvers. She cautioned that this could also result in additional liability to the City. Ms. Dugdale then noted that this barricade will prevent her neighbors across the street from traveling between their front and back yards without going around the block. She then reiterated her opposition to this proposal, stating that there is physically not adequate space in the intersection for this barricade and two different lanes of two-way traffic. Ms. Velma McMeekin, 425 East Cottonwood Street, stated she works for the telephone company and, therefore, travels the streets on a daily basis. She then stated her opposition to this request, noting it could set an undesirable precedent for closing of public streets. She encouraged .the Commission to not approve this request for a diagonal barrier, but to search for alternative solutions to this issue. Mr. Mike Cusik, 617 West Harrison Street, stated his opposition to this proposed diagonal barrier. He then encouraged the Commission to consider alternative measures, such as stop signs and enforcement of speed laws. Mr. Art Butler, 823 South 6th Avenue, noted the Commission has a copy of his letter of 09-09-92 I., , . - 27 - opposition. He then stated that he has been housebound recently; and he has had ample opportunity to watch the level of traffic between 8:00 a.m. and 5:00 p.m. He noted that, while there is a small rush of traffic just before and after work, the street is typically very quiet. Mr. Butler then stated he does not want to be taxed for something he cannot use, noting ........ that access between the front and back of his property would be very negatively impacted with - ~ the proposed diagonal barrier; and his property value would probably be negatively impacted as well. He noted that he has lived at this site for 24 years; and traffic was much worse on this street in the 1970's and the 1980's than it is now. He then noted that there is traffic on the street; however, he observed "that's what a street is for". Mr. Bob Tifton, 315 North 21st Avenue, noted he is a graduate student in traffic engineering. He stated that street closures, particularly in four-cornered towns, is the popular thing at the moment. He noted that this is a precedent-setting application, encouraging the Commission to obtain all of the facts, conduct a safety analysis and complete traffic counts before making a decision on this request. He noted the benefit of comparing current traffic counts with past counts; however, he noted that if those are not available, a traffic count taken now could provide .baseline and comparative data for future counts. He then cautioned the Commission to do this first one right, noting it could "save a lot of headaches" in the future. Mrs. Heather Swinth, 819 South 6th Avenue, noted the pressure for a traffic count; however, she expressed concern that those counts will take time, while the neighborhood continues to be impacted by the pressures of traffic. Mr. Bill Rose reiterated his position, noting he must carefully balance between sensitivity to the neighborhood and stewardship of taxpayers' dollars. He noted that traffic has increased over the past few weeks on virtually every street in town because the students are back. He then noted that as students develop patterns of travel, the impacts on some of those streets will decrease. He then reiterated his willingness to financially contribute to the costs of the barricade if it is . determined that traffic impacts warrant, even though the neighborhood parking district has not been implemented and Kagy Boulevard has not yet been extended to South 19th Avenue. Mrs. Lisa Prugh provided a brief history on this request, noting that when MSU first proposed closure of South 7th Avenue in June 1991, the neighborhoods to the north rallied in an effort to protect their streets from the anticipated negative impacts. She then stated that this proposed design and location were not developed until their April 30 meeting with Mr. Doug 09-09-92 - ---.--...---.-..----- --- .- . '_-1 I - 28 - Widmayer from Peccia and Associates. She noted, rather, original discussions revolved around the possible closure of South 6th Avenue at West Cleveland Street, since that is the north end of the closure of South 7th Avenue. She then stated she recognizes that closure at West Harrison Street provides for closure at the north end of the campus, rather than dividing that property. . City Manager Wysocki entered into the record the following letters: letter of opposition from Mrs. Ruth Butler, 823 South 6th Avenue; letter of opposition from Mr. Arthur F. Butler, 823 South 6th Avenue; letter of opposition from Ms. Diane F. Dunbar, 512 West Harrison, along with an addendum; letter of opposition from Mrs. Alma Dugdale, 525 West Harrison Street; memo of opposition from Fire Chief Allen Shearman; memo of opposition from Chief of Police Dick Boyer; memo of opposition from Street Superintendent Sicz; letter of support from Keith G. Swenson, 603 South Willson Avenue; letter of support from Don Bachman, 109 North Broadway Avenue; letter of opposition from Mrs. Marge Vincent, 12551 Cottonwood Road; and letter support from Mary Hunter, 320 South Willson Avenue. Director of Public Service Phill Forbes responded to the questions raised by Ms. Devitt, noting that South 6th Avenue is 32 feet wide, with parking on both sides; therefore, the driving .Ianes total approximately 16 feet. He then indicated the distance between the temporary barrier and the tip of the curb is 22 feet. He cautioned, however, that when a vehicle is turning a 90- degree corner, it requires more width than when traveling in a straight line. The Director then stated he wishes to reserve decisions on details of the closure and the mechanism to himself and his department. He noted that any obstruction in the public right-of-way requires engineering, and must be constructed as safely as possible. Commissioner Knapp asked the Director if he has any estimates on the costs, both in staff time and materials, for the requested street closures; the Director responded with an estimate of $1,500. Responding to Commissioner Vincent, the Mayor indicated that possible closure at West e Cleveland Street rather than West Harrison Street cannot be considered as a part of this public hearing. City Manager Wysocki reminded the Commission that $2.36 million in TSM projects have been identified in the transportation plan update; and only $58,000 has been set aside in this budget to begin implementation of a 20-year program. He then cautioned that if the Commission wishes to consider possible closure of South 6th Avenue at West Cleveland Street, it must wait 09-09-92 -. ----- "-. . '" . - 29 - for a petition to be submitted since it will impact different property owners. Mayor Swanson suggested that the Commissioners forward any concerns or questions to staff this week, so staff can submit additional information in two weeks. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public I. hearing be closed. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp and Commissioner Frost; those voting No being Commissioner Vincent and Mayor Swanson. Mayor Swanson continued the public hearing to 3:30 p.m. on Monday, September 21. Break - 9:10 to 9:17 D.m. Mayor Swanson declared a break from 9:10 p.m. to 9:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearina - Commission Resolution No. 2872 - intent to close North 20th Avenue at a Doint between north riaht-of-wav line of West Main Street and south riaht-of-wav line of Durston Road bv Dlacina a barricade across said Doint .... This was the time and place set for the public hearing on Commission Resolution No. 2872, ~ as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2872 A RESOLUTION OF THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE NORTH 20TH AVENUE AT A POINT BETWEEN THE NORTH RIGHT-Of-WAY LINE Of WEST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of DURSTON ROAD BY PLACING A BARRICADE ACROSS SAID STREET. Mayor Swanson opened the public hearing. Director of Public Service Phill Forbes presented the staff report. He reminded the Commission that, based on a petition signed by 50 percent of the affected property owners, the Commission adopted this resolution, stating its intent to place a barricade across North 20th .Avenue. He noted that the petitioners have specifically requested that this barricade be placed at mid-block between West Beall Street and Durston Road; and that is the basis upon which he has proceeded with evaluation of this request. The Director noted that the drawing on the board shows where the barrier would be located, adjacent to the fire hydrant between 411 and 415 North 20th Avenue. He stated that advance warning signage will be erected, at both the north and south ends of the street. He then 09-09-92 ., , ,. , . - 30 - recommended that the Commission take no action until the cost participation by the applicants has been determined. He noted that any City contribution would be from the monies budgeted for TSM projects; and the Commission can anticipate a budget amendment during this fiscal year to cover the costs. . Responding to Commissioner Frost, the Director stated this proposal is in direct response . to the latest petition received by residents along North 20th Avenue. He noted that, subsequent to the last Commission meeting on this issue, staff met with business people from the south end of the street and residents on the north end of the street; and it was determined at that time that this was the best solution to pursue at this time. Further responding to Commissioner Frost, the Director stated it is anticipated that West Beall Street will become a through street if North 20th Avenue is closed; however, he noted that issue will receive further review before a final decision is made. Commissioner Frost then stated his interest in retaining the stop signs on West Beall Street, suggesting that they may deter traffic which would otherwise move to North 21 st Avenue or North 22nd Avenue as a result of this requested closure. . Commissioner Knapp noted that in his memo, Street Superintendent Sicz has suggested the possibility of imposing a weight limit on this street, to discourage trucks from using it. She then asked about the feasibility of this proposal and how it would be enforced. The Director responded that the County does have a portable scale that could be used in conjunction with law enforcement activities. He noted that, while the City does not have any weight limits for its streets, it is possible to set limits. He cautioned, however, that if limits are imposed, it is important that his department receive cooperation from the Police Department to enforce those limits. City Attorney Luwe stated his initial research seems to reveal that the City may restrict certain traffic on specified streets; however, he indicated a need for additional research time. He . then indicated his intent to have an answer when the Commission considers this item in two weeks. Commissioner Knapp noted that other neighborhoods have approached the City with similar requests. She then cautioned that care be taken in making a decision on this request for closure, with all options being considered. Responding to Mayor Swanson, Director Forbes stated he proposes to close this street with 09-09-92 -- " : I . . - 31 - a Type 3 barricade, noting that is the big construction barricade which is approximately five feet tall and has three vertical panels with painted stripes. He stated the intent is to make the barrier as visible as possible, to more adequately warn drivers of the obstruction, particularly since the trees and houses along the street lead a driver to think the roadway is open. The Director then .noted the written comments which have been received from the Fire Chief, Chief of Police and Street/Sanitation Superintendent about this requested closure. Ms. Peggy Gould, 323 North 20th Avenue, submitted a lengthy presentation in support of the proposed street closure, through placement of a temporary barrier at mid-block between West Beall Street and Durston Road. She then quoted a statement in the 1990 Bozeman Area Master Plan Update which encourages protection of the fabric of a neighborhood, as well as Section 7-14- 4114, Montana Code Annotated, which provides the statutory authority for a local government to close a street. Ms. Gould noted that North 20th Avenue provides a connection between West Main Street and Durston Road; and the subject area is a three-block length of street, with no cross streets and 34 residential properties. She noted that this configuration is an undesirable design by today's ~standards, since it contributes to traffic problems. She further noted that this is a typical 37-foot- ..., wide residential street, while one block east is North 19th Avenue, which is constructed to arterial standards, with wide driving lanes, bicycle lanes, parking lanes and a raised median. She then noted the residents' interest in having through traffic, particularly truck traffic, use North 19th Avenue rather than their street. Ms. Gould entered into the record two traffic speed counts, as provided by the City, one for the period April 14-24, 1989, and the other for the period May 12-18, 1992. She noted that the data shows 137 vehicles clocked at speeds greater than 35 miles per hour between the hours of 7:00 a.m. and 8:00 p.m., with the maximum speed being 57 miles per hour. She then reviewed the comparative figures with the residents calculated from the raw data, noting that the highest . figure recorded was 1752 vehicles in 1989, compared to 2,736 vehicles in 1992; the lowest figure recorded was 1018 vehicles in 1989, compared to 1,813 vehicles in 1992; and the averages were calculated at 1480 vehicles per day in 1989, compared to 2,456 vehicles in 1992. She noted that these figures represent a 66-percent increase in traffic volumes in the three-year period. She then stated that the figures provided also revealed that less than 100 vehicles travel the street between the hours of 10:00 p.m. and 7:00 a.m., with the bulk of the traffic occurring between 8:00 a.m. 09-09-92 . . ~, , - 32 - and 8:00 p.m. Ms. Gould noted the importance of considering the safety of children in the area, particularly those who use Kirk Park and those who go to the Emily Dickinson Elementary School. She noted that, time and again, residents along this street have tried to obtain relief from the traffic on the estreet, through a petition for speed bumps, a petition for load limits, a petition for stop signs at the intersection of West Beall Street and North 20th Avenue, and now a petition for closure. She noted that responses in the past have always been negative; and at one time, with the notation that this is a "farm to market road". She noted that at one time, over 50 young children lived along this street; and parents were very concerned for their safety. Ms. Gould then encouraged the Commission to approve this request for mid-block closure, noting it will help to alleviate the problems which have plagued residents for more than twenty years. Ms. Vonda Laird, 414 North 20th Avenue, noted that at the last Commission meeting where this issue was discussed, the residents were under the impression that their proposed closure between West Main Street and West Beall Street was being favorably considered, only to learn later ethat they could not effect such a closure because the residents were not the affected parties. She stated that as a result of that determination, three different petitions were prepared and circulated through the neighborhood, one for closure at West Beall Street, one for closure at Durston Road and one for closure mid-block; and the petition for closure at mid-block is the one which received the required 50-percent signatures. Ms. Laird noted that the traffic problems previously encountered by residents along this street are being compounded by additional development in the area, including the 160-unit Dickinson apartment complex, continued development in the Brentwood Subdivision and new developments within the original Valley Unit Subdivision. She noted that a number of people continue to avoid using North 19th Avenue because of its stop light at West Main Street, preferring eto use North 20th Avenue as the route between Durston Road and West Main Street. She stated that the consultants in Helena have also suggested that with the extension of North 19th Avenue to 1-90, traffic impacts on North 20th Avenue will increase rather than decrease. Ms. Laird stated that residents in the area have pledged financial support for installation of the barrier, in the approximate amount of $1,500. She noted that concern has been raised about how this closure would impact emergency vehicles and City services; however, she suggested that 09-09-92 ...----- - -."_.- . , . to , - 33 - a break-away barrier could adequately resolve those issues. She then indicated that conversations with Fire Chief Shearman and Chief of Police Boyer have suggested that, while it may not be ideal, they can live with the proposed closure. She emphasized the fact that this requested barrier is not meant to be permanent; rather, it is a temporary barrier until a more tolerable, permanent solution .can be developed. Ms. Laird stated the residents realize that it is not an ideal situation to have a barrier at mid- block; however, they are willing to accept the inconveniences to decrease the traffic load on the street. She then encouraged Commission support of this request. Ms. Lynn Husby, 403 North 20th Avenue, addressed the issue of convenience versus safety, noting that many people use the street because it is convenient. She noted it provides a half-mile of uninterrupted travel, which is seldom patrolled. She cited several reasons why the traffic using this street create safety problems for the residents as well as those using the street. She stated that vehicles often has to cross traffic on Main Street to access North 20th Avenue; and that could be much more safely accomplished at the stop light. She also noted that very few drivers adhere to the 15 mile-per-hour speed limit by Kirk Park; and the parked vehicles and limited AViSibility in that area are causes for concern. She further noted the number of vehicles which enter .,., and exit the Town and Country Warehouse Grocers parking lot onto this street. She stated that many drivers who use this street do not stop at the intersection with Durston Road, but simply turn onto that roadway and continue their travels. Ms. Husby stated that in August, residents met with business representatives, expressing their concerns about traffic. She stated that, as a result of that meeting. Mr. Tom Wagner, Vice President/Manager of Western Federal Savings has written a letter of support, dated September 4. She then read that letter into the record, which recognizes the hazards that traffic can cause to the residential area lying north of West Beall Street. Ms. Husby noted that some of the residents will be inconvenienced by the barrier; however, . she noted their willingness to accept that inconvenience. Ms. Husby then read into the record a brief statement of support from Ms. Carol Sharrock, 1133 South Cedarview Drive, in which she noted that this closure will increase the safety by reducing truck traffic and speeding near Kirk Park and will help to preserve the fabric of this residential area. Mr. Jerry Perlinski, President of Town and Country Warehouse Grocers, stated that the 09-09-92 ,..-, .., '. . - 34- North 20th Avenue access to his property is vital; however, he recognizes the goal of the residents to protect their safety and neighborhood integrity. He then stated that before he can support possible closure of North 20th Avenue south of West Beall Street, he needs State and City approval for a turning lane on North 19th Avenue to provide access to his business. He noted that after .construction of those improvements is completed, he could then support a closure between the south entrance to his business and West Beall Street; and in the meantime, he can support closure of North 20th Avenue at mid-block between West Beall Street and Durston Road, as requested by the residents. Mr. Joe Billion, President of J.C. Billion, stated he is impressed with the numbers and the homework that the residents have done on this project. He noted the additional development which is occurring to the west, which he suspects will further impact this street. He then stated that this requested street closure will not have any significant impact on his business while improving the value of the neighborhood. Mr. Billion then noted that closing of streets is dangerous and is a very precedent-setting issue. He encouraged the Commission to look very carefully at why the street is to be closed .before making a decision. He suggested that in this instance, it seems the requested closure is logical. Ms. Sharon Witt, 419 North 20th Avenue, stated the residents have tried to contact all agencies who might be negatively impacted by this closure, particularly emergency services; and there have been no negative responses from those agencies, although the difficulties of the situation has been noted. She then noted that the City has committed only $58,000 to TSM projects for this fiscal year; however, she reminded the Commission that they must begin the process of implementing those projects sometime. She further noted that the residents have pledged their financial support to the requested temporary barrier, so it won't cost the City any money. . Ms. Elsabeth Husby, 403 North 201h Avenue, stated she is a student at Chief Joseph Middle School and spoke in support of the closure. She stated it is difficult to get across North 20th Avenue; and she is concerned for her safety. Mr. Leo Durham, 502 North 20th Avenue, stated he has lived at this address for approximately 26 years, and raised his children at this location. He noted, however, that over the years the traffic has increased to the point it is unbearable. He stated that, while the barricade will 09-09-92 - "', .. fa ;; - 35 - be inconvenient, he is willing to accept it to ensure the safety of the children in the area. Mr. Bob Tipton, 315 North 21 st Avenue, spoke in support of this request. He noted that traffic counts have been completed and he supports what the residents have said. He then stated an interest in having the stop signs remain on West Beall Street at North 20th Avenue, since they . will deter traffic which may be tempted to use North 21 st Avenue and North 22nd Avenue, rather than using North 19th Avenue. Mr. Arthur Shellenberg, 313 North 20th Avenue, stated his support for the closure as proposed, in spite of the inconvenience it will create. He then stated his interest in seeing the permanent barrier constructed south of West Beall Street, where he feels it will inconvenience almost no one. Ms. Velma McMeekin, 425 East Cottonwood Street, distributed a drawing providing alternatives to the closure of North 20th Avenue. She suggested that, rather than closing North 20th Avenue, the City should place stop signs on North 20th at West Beall, then patrol the intersection heavily, and establish a right turn lane on North 19th Avenue at West Main Street. She noted that with these changes, the North 19th Avenue route between Durston Road and West .Main Street would become more attractive. Ms. McMeekin then stated her definite opposition to this proposed street closure because it is public right-of-way and because it places the desires and concerns of 34 property owners over the needs and interests of thousands of residents. Mr. Scott Grove, representing Gibson's, stated that, while he does not now know how many of his clients gain access to his business via North 20th Avenue, if the street is closed, he will definitely know within six weeks. He then suggested that much of the increase in traffic on North 20th Avenue is due to the increase in population in Bozeman. Mr. Rudy Svehla, 419 East Lamme Street, stated he sympathizes with the neighborhood in the problems they are incurring, noting he has seen similar problems, on a smaller scale, in his . neighborhood. He noted that he has been attempting to get the street behind his house closed for the last four years, and has learned that the closure of a street is not a simple process. He then noted that if people are concerned about heavy traffic and are impacted by those problems, their desires should be carefully considered. He then suggested that services, such as telephone and garbage, shouldn't run the residents' lives, but should adapt to the situation and find alternative routes. 09-09-92 -.. ...1-.. ~ - 36- City Manager Wysocki read the following letters into the record: letter of support from Keith G. Swenson, 603 South Willson Avenue; letter of support from Don Bachman, 109 North Broadway Avenue; letter of opposition from Marge Vincent, 12551 Cottonwood Road; memo of opposition from Street/Sanitation Superintendent Sicz; letter of support from Sandy Mcintyre, P.O. .BOX 3181; memo of opposition from Fire Chief Allen Shearman; memo of opposition from Chief of Police Dick Boyer; letter of opposition from Lois E. Bailey, 606 North 5th Avenue; letter of opposition from Randy and Sally Sullivan, 515 North 22nd Avenue; letter of support from William A. and Lavonne L. Hubbard, owners of 402 North 20th Avenue; and letter of support from Mary Hunter, 320 South Willson Avenue, as submitted in the previous public hearing. Director of Public Service Forbes noted the references to a break-away barrier across the street. He then noted that, while such a barrier may have been considered at some point during the process, he feels that a Type 5 barricade is needed to meet traffic code requirements; and those wooden barricades break away only as wooden posts will break away. He then requested that the Commission seek additional input from Fire Chief Shearman if they wish to pursue this issue further. ~ The Director then stated that, while he does not fully agree with the numbers of vehicles .,., which the residents in the area garnered from the raw data provided them, he feels that the concept is accurate. 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. A decision will be forthcoming at the meeting of September 21 . .Adiournment - 10:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. 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. 09-09-92 ----..,.. -.--..--.......-.-- . JI"1[ .y / - 37 - / / / " / ./// .ATTEST: .- - ()~ ;/~~ ROBIN L. SULLIVAN . Clerk of the Commission . . 09-09-92 .It.