HomeMy WebLinkAbout1992-09-09 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 9, 1992
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. 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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
. .
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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
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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
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- 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
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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
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/ /
/
" /
.///
.ATTEST:
.-
-
()~ ;/~~
ROBIN L. SULLIVAN
.
Clerk of the Commission
.
.
09-09-92
.It.