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HomeMy WebLinkAbout1992-09-21 ccm .. ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 21, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, September 21, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Frost requested that the proclamation for "United to Serve America Day" be removed from the Consent Items for discussion. Minutes - SeDtember 9 and SeDtember 14. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 9 be approved as amended and the minutes of the regular .A meeting of September 14, 1992 be approved as submitted. The motion carried by the following .., Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation of Dlaaue for Dedestrian safety - Glenna Wortman-Obie. AAA Ms. Glenna Wortman-Obie, representing AAA of Montana, apologized for her inability to be present at the meeting two weeks ago, when this presentation was originally scheduled, noting her husband is recovering well from the surgery he had that day. Ms. Wortman-Obie presented to the City the "1991 Award of Merit" among cities of 25,000 - 50,000 population for its pedestrian protection. She noted that in 1990, 6,468 . pedestrian deaths occurred in the United States, which is 2.6 per 100,000 people. She noted that in Bozeman, there were no pedestrian deaths; and only 7 injuries, compared to the national average of 42. She noted that this speaks well for the City's efforts in the areas of enforcement, education and engineering. She then stated that less than ten cities of this size in the United States are being presented this award for this past year. Ms. Wortman-Obie, on behalf of the AAA Montana and the American Automobile 09-21-92 10 i, - 2 - Association, then presented the plaque to Mayor Swanson, who in turn presented it to Chief of Police Boyer. Police Chief Boyer noted he has recently received two awards, which he feels should be hung in the Commission Room. He then noted one is from the Gallatin County Prevention Coalition, efor "outstanding community efforts toward the prevention of the illegal use, abuse and consequences of alcohol and other drugs". He stated the other, from the State of Montana, Department of Justice, Highway Traffic Safety Division, is a certificate of merit "in recognition of significant contributions to the State of Montana toward attaining 70% safety belt usage rate in 1992", City Manager Wysocki thanked Ms. Wortman-Obie for driving from Helena to make this presentation. Decision - intent to close North 20th Avenue at a Doint between north right-of-way line of West Main Street and south riaht-of-way line of Durston Road by Dlacing a barricade across said Doint City Manager Wysocki reminded the Commission that this was the time and place set for e the decision 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, The City Manager further reminded the Commission that they had conducted the public hearing on this item at their regular meeting of September 9. The City Manager then noted that, included in the Commissioners' packets was a memo from City Attorney Luwe, dated September 16, regarding assessment of costs for closure of a street; a memo from City Attorney Luwe, dated September 18, regarding exclusion of trucks from designated streets; and a memo from Director of Public Service Forbes, dated September 18, .regarding the closure. At the Mayor's request, City Attorney Luwe reviewed his memos. He stated that under Section 7-14-104, M.C.A., the City may assess costs of discontinuing a street against the petitioning property owners. He emphasized that this is discretionary. He then noted that during the process, the petitioning property owners were not aware of the possible assessment of all 09-21-92 I , . - 3 - costs, and suggested that if the Commission wishes to do so, he recommends that those who originally signed the petition be given an opportunity to withdraw their names. Responding to questions from Mayor Swanson, the City Attorney emphasized that under this procedure, only those petitioning for the closure would be assessed the costs of the project. .He noted that under a special improvement district, all benefitting property owners within the specified boundaries of the district would be assessed for the costs. City Manager Wysocki reminded the Commission that during the public hearing, residents of the area testified that they have pledged donations to adequately cover the estimated $1,500 cost of the closure device. He suggested that those donations could be accepted in lieu of the assessment process if the Commission so desires. The City Attorney then reviewed his second memo, pertaining to the exclusion of trucks from a designated street, noting this was prepared in response to Commissioner Knapp's questions. He stated that his research indicated that the Commission may close designated streets to trucks and other commercial vehicles, provided there is reasonable and sufficient justification for the closure and there is an adequate alternative route available. . At the Mayor's request, Director of Public Service Forbes reviewed his memo, which provides five possible options for closure, in order of acceptability to City staff, as follows: (1) construct a permanent cul-de-sac on North 20th Avenue, south of West Beall Street; (2) construct a diagonal diverter at North 20th Avenue and West Beall Street, from the southwest corner to the northeast corner; (3) construct a closure on North 20th Avenue at the north right-of- way line of West Beall Street; (4) construct a closure at mid-block on North 20th Avenue with a lockable gate; and (5) construct a closure at mid-block on North 20th Avenue without a gate. He reminded the Commission that the public hearing pertained only to Nos. 4 and 5 in his options listing; therefore, any alternatives would require an opportunity for additional public input. The Director noted he has also provided a map depicting where the closures would be . made, as well as an excerpt from the draft transportation plan update showing traffic volumes on specified roadways in and around the community. Responding to Mayor Swanson, the Director stated that the timeline for closure of North 20th Avenue south of West Beall Street is dependent upon Town and Country Grocers obtaining permission from the State and the City for a break in the median and a possible revision to the curb cut, and installation of those improvements. He estimated that the process will take two years, 09-21-92 . " - 4 - as a rather optimistic time. Responding to Commissioner Stiff, the Director stated that implementation of No.4 or 5 would be a response to the petition filed, on an interim basis only. City Manager Wysocki cautioned the Commission that any future closure of North 20th .Avenue south of West Beall Street is dependent upon filing of a petition by the affected property owners; therefore, that process is out of the control of any City staff members at the present time. He noted, however, that if the City wishes to pursue vacation of the street, it may initiate that type of process without petition from the adjacent property owners. Commissioner Frost stated his support for the proposed temporary closure, noting he feels a subsequent motion to pursue permanent closure of the street in another location would be in order. He also stated he does not feel this temporary closure should be for any longer a period of time than absolutely necessary. Commissioner Knapp stated she does not support temporary closure of North 20th Avenue, because she feels this is being considered outside the process. She noted the Commission has just received copies of the transportation plan update; however, it has not yet been subjected .to public hearing. She stated that, until the public hearings have been held, the transportation plan adopted and the projects are listed in priority order, she feels this type of request should not be approved. Commissioner Knapp stated she feels the neighborhood is very important and that it needs to be protected; however, she feels that a decision on any closure should not be made until after adoption of the transportation plan. She then suggested that the first step should be to prohibit truck traffic and commercial vehicles on North 20th Avenue, particularly in light of the fact that North 19th Avenue has been constructed as an arterial and can easily accommodate those vehicles. Commissioner Knapp stated she feels that one issue which must be addressed prior to making considered decisions on these types of requests is development of a listing of criteria, and . a ranking of those criteria. She then reiterated her position that a neighborhood's ability and willingness to fund the costs of the closure should be one of the lower priorities, since some of the neighborhoods which need protection contain individuals who can ill afford to pay for the closure. Commissioner Stiff stated that he feels the safety consideration is a strong overriding factor; therefore, he will support closure of the street as requested. He then stated he is very concerned about the precedent that this street closure might establish; and he does not want to 09-21-92 .- ....-.--..- ---- .- ---.... ~ " - 5 - set the Commission in a position where a second decision is anticipated, based on the first decision. He noted, however, that this is to be a temporary closure, financed by residents of the area; and he feels it is acceptable. Mayor Swanson stated that, while he recognizes Commissioner Knapp's concerns, he feels .this temporary closure is appropriate. He noted, however, that he feels a more appropriate permanent solution should be pursued as quickly as possible; and he feels it would also be appropriate to restrict truck traffic on the street as well. Commissioner Vincent stated his willingness to approve the requested closure. He then noted the dramatic increase in vehicle traffic in the community in recent years, suggesting that it may be more appropriate to provide attractive alternatives to vehicular travel rather than trying to accommodate additional traffic. He then noted that he feels that protection of neighborhoods is a very critical issue that must be carefully considered. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize and direct staff to construct a closure at mid-block on North 20th Avenue between West Beall Street and Durston Road, with a lockable gate as suggested in Option No.4 .in Director of Public Service Forbes' memo, as a temporary solution, and further authorize and direct staff to bring back a resolution implementing said temporary closure, accepting the donations proffered in the public hearing as the funding mechanism for installation of the lockable gate. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Knapp. Commissioner Frost noted that this neighborhood has been patient but persistent in seeking a solution to their problem. He then encouraged the residents to recognize that the lockable gate is a temporary measure only, and to work with the City in an effort to reach a more acceptable permanent solution. . Commissioner Stiff stated that, while he supports the concept of pursuing a more permanent closure, he cannot support directing staff to do so because of the many priority items which have surfaced in the transportation plan. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to work with the affected property owners between West Beall Street and West Main Street, particularly Town and Country Grocers, in an attempt to pursue 09-21-92 . .--.. no .__ ..__._. ." " - 6 - closure of that portion of North 20th Avenue through construction of a cul-de-sac as soon as possible. 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 being Commissioner Stiff. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission ask staff to pursue the elimination of truck traffic on North 20th Avenue as one of the permanent solutions for this street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson requested that discussion on development of a street closure policy be placed on an agenda in the near future. He stated that he anticipates more of this type of request in the future; and he feels a policy for assessing those requests is needed. Continued Dublic hearina - intent to close the intersection of South Sixth Avenue and West Harrison Street bv Dlacina a diaaonal barricade across said intersection . The City Manager reminded the Commission that this was the time and place set for the continued 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. The City Manager then noted that included in the Commissioners' packets was a memo from Director of Public Service Phill Forbes, dated September 17. Mayor Swanson opened the continued public hearing. At the Mayor's request, Director of Public Service Phill Forbes reviewed his memo. He .noted that during public testimony at last week's meeting, it was suggested that it may be too -- early to assess any impacts from the closure of South 7th Avenue, indicating that reference literature suggests that three to six months should be allowed before "after" data collection is undertaken. He noted, however, that students from a traffic engineering class at MSU did conduct a manual count of vehicles and turning maneuvers at both the intersections of Cleveland and 6th and Harrison and 6th, with the data being collected during two morning peaks, two afternoon 09-21-92 --.- - - n. .. .-- --..".- . ..-..-----"~-..- iI '-, - 7 - peaks and one count during mid-afternoon. He stated that he just received the results of those counts early this morning, and has had an opportunity only for brief review of the information. He then noted that a copy of this information was laid on the Commissioners' desks just prior to this meeting. . The Director then stated the Commission has three options: (1) not close the intersection; (2) close the intersection with the requested diagonal diverter; or (3) wait until after the tranportation plan update is complete. He noted that, to address the concerns of maintaining neighborhood integrity, one option might be to identify a large area and place traffic controls at all intersections, making it inconvenient for commuters to use this route through the neighborhood. He stated that if this option is to be contemplated, the Commission must first establish a legislative plan and pattern for installation of stop signs. He cautioned that this could become expensive when implemented; and the additional maintenance costs must also be considered. Director Forbes then requested an opportunity to more fully review the traffic counts submitted this morning before the Commission makes its decision. He also reminded them of the fact that literature on the subject suggests waiting three to six months before considering action .as the result of another street closure. Mr. Bill Rose, Facilities Services Director at MSU, once again forwarded his conditional support for this request. He suggested that this request is being made because of a pre-existing condition in the neighborhood rather than being made in response to the closure of South 7th Avenue. He further noted the transportation plan update, which is moving toward finalization; and it contains several different elements and concerns which involve many different segments of the community. He then noted that the information which has been gathered by the students cannot be compared to the data which was previously collected by the traffic counters because of the differentials in the manner in which the data was collected. Mr. Rose then noted the potential future closure of more of the streets through the . campus. so that it becomes accessible only through perimeter roads; the potential implementation of a parking district; and the extension of Kagy Boulevard from South 11 th to South 19th Avenue will all have varying degrees of impact on the subject intersection. Mr. Dave Burgess, 1310 South 6th Avenue, made a lengthy presentation, in opposition to the requested barricade. He noted he has lived at the same location since 1968, which is across the street from Ryan Lab. He stated he is not aware of any traffic counts having been taken on 09-21-92 . " - 8 - his portion of the street, where traffic has increased substantially since the closure of South 7th Avenue. He further noted the four-way stop at the intersection of West Grant Street and South 7th Avenue creates tremendous bottlenecks of traffic, particularly during morning and evening rush hours and during evening activities on campus. . Mr. Burgess suggested that the majority of traffic from the campus turns on Cleveland and travels to South Willson Avenue or South 8th Avenue, rather than continuing north on South 6th Avenue. He then questioned why the discussion is centering around closing of an intersection which receives little impact from the traffic on campus. Mr. Burgess noted that the University has built an additional parking lot, just south of the intersection of South 7th Avenue and West Grant Street; and that has generated additional traffic past his house, in addition to the closure of South 7th Avenue. He further noted that the neighborhood parking district, which was discussed last year, has not yet been implemented because of the legal problems encountered in Missoula; therefore, the parking situation around the campus has not yet been resolved. Mr. Burgess stated that a barricade in the street will not solve the traffic problems on ~ South 6th Avenue, because very little of the traffic is from the campus. He then encouraged the ~ Commission to ask staff to conduct traffic counts before making a decision on this request. He also noted that, while Mr. Rose has indicated a willingness to participate financially if it is determined that closure of South 7th Avenue has created additional traffic, he does not feel it is a practical matter. He then noted that this requested barricade will not solve the problems on South 6th Avenue, particularly that portion located south of West Cleveland Street. Ms. Sheila Devitt, 814 South 6th Avenue, reminded the Commission that when the University requested the closure of South 7th Avenue, the residents along South 6th Avenue requested closure of South 6th Avenue as well. She noted the University's argument was for preservation of the neighborhood and to create a safer and more aesthetically appealing . atmosphere; and those same arguments pertain to the residential area immediately to the northeast . of the campus. Ms. Devitt stated the residents along South 6th Avenue do not want their street to become a busy through street, but wish to retain the integrity of their neighborhood. She then stated an interest in knowing the results of the traffic counts conducted last week. She also asked the Commissioners to be proactive on this issue, rather than reacting to a problem. 09-21-92 . .,,--- -------..- .---------.---------- . " - 9 - Ms. Devitt reminded the Commission that the requested barricade is considered a temporary measure, not a permanent one. She requested that the barricade be installed for a specific period of time, during which the City staff, the neighborhood and MSU could monitor it in an effort to determine its desirability and effectiveness. She then stated that the residents have . discussed the feasibility of stop signs; and concerns about pollution from the exhaust and noise of stopping and starting have been the overriding factor. Ms. Devitt noted that initially, the group of residents contemplated closures of Harrison on the east side of the intersection and South 6th on the north side of the intersection; however, after several meetings, the group decided that the diagonal barrier being requested is the most acceptable alternative to the largest number of people. She further noted that, because of the long- term plan to close the internal streets of campus, the residents changed their proposal from closure at the north side of Cleveland to the north side of Harrison, which is the edge of the campus buildings. Ms. Devitt noted the three families with pre.school children who live in her block. She noted those children often cross the street; and she is concerned for their safety with the number .~ of vehicles that now utilize South 6th Avenue. She noted that during rush hour one Friday evening, ~ she counted three cars per minute passing her house; and she has a video available for anyone interested in viewing it. She stated that several of those cars continued to travel north on south 6th Avenue, as evidenced by a video taken by Lisa Prugh at her home during the same time period. Ms. Devitt stated the residents in the area are willing to bear the costs of this temporary closure, which they continue to wholeheartedly support. Ms. Lisa Prugh, 404 South 6th Avenue, noted she had become involved in video taping the traffic in front of her house; however, she questioned what it really shows. She stated that the amount and speed of traffic in front of her home has increased so much in the past year that she is no longer able to allow her children or dog to play in the front yard. She estimated the traffic . to be twice as heavy now; however, she noted that she has no comparative data to present in support of that estimate. Ms. Prugh noted that in October 1991, the neighborhood wrote a letter to Mr. Doug Widmayer, the consultant working on the transportation plan update, in an effort to ensure that this neighborhood is protected. She then stated her strong support for this requested barrier, noting it is important to maintain the qualities which make this a friendly town. 09-21-92 , 1 ". - 10- Mr. Bob Waters, 509 West Harrison Street, noted a lot of the traffic in the area is due to people seeking parking places; and creation of a neighborhood parking district could help to alleviate some of that problem. He noted, however, that the major problem is speedsters, stating it appears that the danger from these vehicles has increased significantly with the closing of South .7th Avenue. He noted the number of near misses which occur at this intersection, and the concern he has for the safety of his eight-year-old child. He then encouraged the Commission to be proactive in closure of this intersection, particularly since closures of more streets in the campus will only compound this problem. Ms. Connie Rumley, 910 South 6th Avenue, stated she lives on what will become a circle road around the campus, which she is willing to accept. She then stated her support for closure of the subject intersection, since it will reduce the total traffic in the area north of the campus. Mr. John Schlegelmilch, 820 South 6th Avenue, noted the neighborhood started this process a year ago, with the closure of South 7th Avenue by the University. He noted their desire to retain their environment, rather than having the traffic funneled through their area. He noted that testimony reveals that traffic has increased on the street; and residents of the neighborhood , ~ want to try a temporary barrier to see if that will alleviate some of the problems. He then .,., encouraged the Commission to approve this request, understanding that it is a temporary measure that is to be reviewed and evaluated later. Ms. Rose Toth, 807 South 7th Avenue, suggested that people be encouraged to use bicycles and the bus system, rather than using vehicles to travel to campus. Ms. Alma Dugdale, 525 West Harrison Street, stated that with the Police Department, Fire Department and Street Department having forwarded their concerns and disapprovals of this requested closure, she feels the Commission should carefully review this request. She then stated her opposition to this requested closure, noting that it will only spread the impacts to other streets. She then stated that little children have no business playing in the street; and parents should ensure . that their children play within their yards. She noted there are a number of issues that need to be resolved; and she does not feel that the proposed diagonal barrier is the answer. She stated that she bought her present house in 1947 and moved there in 1952; and she does not want to see her property devalued because of a barrier in the intersection. Mr. Paul Swenson, 613 West Harrison Street, noted the proponents suggest that the barrier will decrease traffic in the area; however, he questioned where that traffic will go. He also 09-21-92 ------ ------- -- . " - 11 - expressed concern about the precedent that closure of this intersection would establish, questioning how future requests for closure could be denied if this one is approved. He then stated his definite objection to the proposed barrier, suggesting that a four-way stop would be a good alternative. He noted that he has an alley behind his house; and he is concerned that closure of .this intersection will result in his alley becoming a street. He further noted that closure of this intersection will only extend the distance that vehicles travel through the neighborhood, possibly resulting in even higher rates of speed. He also expressed concern that the barrier could provide a false sense of security for those with small children. City Manager Wysocki read into the record several letters, as follows: (1) letter of support from Martin A. Hamilton, 309 South 6th Avenue, dated September 9; (2) letter of opposition from Ruth Butler, 823 South 6th Avenue, dated September 16; (3) note of opposition from Lori K. Tuck, 617 West Harrison Street, dated September 18; (4) memo of support from Bob Swinth, 819 South 6th Avenue, dated September 20; (5) letter of support from Marjorie Swinth, 819 South 6th Avenue, dated September 20; and (6) the traffic count information forwarded by the Bozeman Traffic Counting Club this date. . Responding to Commissioner Knapp, Director Forbes stated that with this diverter, the proponents are attempting to change traffic patterns. He then noted that this issue involves a number of dynamic elements; and that makes determining where the traffic will go very difficult. He further noted that other transportation system improvements and changes will further impact the traffic patterns in that area, particularly the extension of Kagy Boulevard and the possible upgrading of arterial streets. Commissioner Vincent asked about the original proposal to close South 6th Avenue at West Cleveland Street. Ms. Sheila Devitt stated that the neighborhood initially discussed the idea of installing a traffic circle at this intersection; however, the issue of snow removal seemed to make that not a . viable alternative. She then noted that with the potential future closure of streets within the campus, it was determined that closure at South 6th Avenue and West Harrison Street, which is the very northern edge of the campus at that point, would be more appropriate and not require future change. She also stated that with the proposed barrier, MSU has agreed to sand that portion of South 6th between Harrison and Cleveland to minimize accidents because of ice and snow. 09-21-92 _"u _____ ______._____..__. n_.__.._______.._.__ > . - 12 - Commissioner Vincent then stated his interest in learning more about possible closure of South 6th Avenue at West Cleveland Street; however, he noted his recognition of the fact that this is not the time to do so. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the .PUbliC hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the customary one-week waiting period for decision be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Commissioner Frost stated that, while he does not feel this is the best solution, it seems to be the most acceptable to the neighborhood. He noted the importance of protecting the neighborhoods and encouraging traffic to utilize the collectors and arterials as much as possible. ~ He further noted the fact that this barrier is to be a temporary solution, which makes it more ~ acceptable. Commissioner Stiff stated his concern about the precedent that closure of this intersection would establish. He noted the number of concerns raised by various staff members, and stated he feels this is an indication that the process should be slowed down, and the health, safety and welfare of the total community should be taken into consideration. Commissioner Vincent stated that, while he has concerns about the proposed closure, he will support it. He noted that to approve this to a date certain, to ensure its review as a temporary measure, is important. He then voiced his concern about uncontrolled intersections in the community and the attendant safety concerns. . Commissioner Knapp stated she cannot support the proposed closure, noting that it is too early to determine whether closure of South 7th Avenue will have any long-lasting impacts on South 6th Avenue. She further noted that creation of a neighborhood parking district and the extension of Kagy Boulevard are issues which need to be resolved as well, since they may also change traffic patterns. Mayor Swanson stated concurrence with Commissioner Knapp's comments. He also 09-21-92 ~ , , - 13 - stated he needs an opportunity to review the traffic counts to determine whether additional traffic is using the roadway; and he cannot support even a temporary closure at this time. Responding to Commissioner Stiff, the Mayor stated that the costs of the temporary closure must be borne by the petitioners, like the North 20th Avenue closure. . It was moved by Commissioner Frost. seconded by Commissioner Vincent. that the Commission approve the temporary diagonal diverter to be installed from the northwest corner to the southwest corner of the intersection of South 6th Avenue and West Harrison Street, with said closure to be reviewed approximately one year from this date. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost and Commissioner Vincent; those voting No being Commissioner Knapp, Commissioner Stiff and Mayor Swanson. Mayor Swanson then encouraged the Police Department to expand its enforcement in this subject area, to ensure that the speed limit and other rules of the road are observed. At 5:30 p.m., Mayor Swanson yielded the gavel to Mayor Pro Tempore Vincent, since he had a commitment beginning at 5:30 p.m. .Reauest for authorization for the AYSO to construct two soccer fields at the Recreation ComDlex City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Director of Public Service Forbes, dated September 17. Director of Public Service Phill Forbes reviewed the contents of his memo. He noted that the Bozeman Youth Soccer League is requesting permission to construct two new soccer fields between the existing softball fields and the parking lot adjacent to Highland Boulevard. He stated there is an on-site spring at the Recreation Complex, which staff believes could be utilized for irrigating at least a portion of the complex. He noted, however, that before any development of the spring can occur, a hydrogeological study is needed, at an estimated cost of $2,500. Director Forbes outlined three separate issues, which he feels the Commission must . address in response to the request from the Soccer League: 1. Can the Parks Department budget for this year be increased by $2,500, through a budget amendment, to fund a spring hydrogeological study? 2. Can the Soccer League proceed with development of two new soccer fields at the Complex? and 3. Can the City pay for all or part of the underground sprinkler system for the new soccer fields, either now or in the future? 09-21-92 ~ ..--.-- ., - 14 - The Director reminded the Commission that no monies for this type of expenditure have been included in this year's budget, so any positive action by the Commission will require a budget amendment. Responding to the City Manager, Mr. Gordon Hill, representing the Bozeman Youth Soccer . League, stated they use the fields at the complex only in September and October. He noted that they have been using the fields at Montana State University for their spring training and games. He estimated that the youth soccer program has been increasing at a rate of 2 percent a year; and it currently includes about 1150 students. Ms. Vonda Laird, 414 North 20th Avenue, stated she is a past member of the Board for the B.Y.S.L. She noted that she was involved in registration a few years ago; and during that period, participation jumped 5 to 10 percent each year, which suggests the 2-percent growth estimate may be low. She then noted the benefits of this program for children and teenagers. She stated it is operated strictly by volunteers; and the monies they raise are returned to the program in various ways. Further responding to the City Manager, Mr. Hill stated the Soccer League is contributing . toward the costs of the Recreation Complex, under the contract which they have with the City for use of the facility. He then stated that their group has enough money to pay for the estimated 11,600 yards of earthwork to be done, assuming the work can be done for less that $1 per yard; however, they do not have enough money to cover the costs of the fencing or sprinkler system. Responding to the City Manager, Director Forbes stated that, while a fence is preferable, he does not believe it is absolutely necessary as long the as larger field is played on a east-to-west basis. He noted that if experience shows it necessary, a fence could be installed after the fields are put into use. Responding to Commissioner Stiff, the City Manager stated that all of the existing development at the complex is served by underground sprinkler systems, which utilize the City's . water supply. He suggested that if the spring can be tapped as the source for at least a portion .Of the irrigation water, the water costs for this facHity could be reduced. He then noted the costs of installation are one issue; however, the costs of upkeep are quite another. He noted that this year, after trying a variety of ways to do and fund maintenance of the complex, the City hired a part-time employee to do the work, and billed the costs back to the Softball Association; and the complex looks the best it has for years. He noted that the Softball Association does maintain the 09-21-92 -,- , - 15 - infields in the various fields and are responsible for all striping; and he would anticipate a similar arrangement with the Soccer League. Responding to Commissioner Frost, the Director indicated that, once a consultant has been selected, he does not anticipate that the hydrogeological study would take very long. He noted the . data can be gathered in a matter of days; and analysis of the information will take only a short time longer. Responding to the City Manager, Mr. Hill stated they would like to begin earthwork at the complex this fall if possible; however, he also noted an interest in receiving some assurance that the City will approve the items requested and assurance that they will be able to utilize the fields once work is completed. He stated that if those assurances cannot be provided, the League may need to look elsewhere. The City Manager recommended that the Commission authorize the expenditure of $2,500 for a hydrogeological study, to determine if the spring can be utilized for at least a portion of the irrigation. He suggested that if the earthwork is completed yet this fall, the field could be ready next year. . Mr. Gordon Hill stated that if the League knew that the springs would provide enough water to result in a savings in irrigation costs, it could probably move ahead with its project. He stated, however, that he prefers to wait until that question is answered before proceeding with the earthwork. He then noted that the earthwork can be completed next spring without creating any timing problems for their program. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission authorize the expenditure of $2,500 for a hydrogeological study of the spring at the Recreation Complex, with this additional authorization to be accommodated in the budget amendment process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore . Vincent; those voting No, none. Recess - 5:50 D.m. . Mayor Pro Tempore Vincent declared a recess at 5:50 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. 09-21-92 " \ - 16 - Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. .PUbIiC hearing - Conditional Use Permit - Richard Ream for Joseph and Janet Columbo - allow construction of 6.350-sauare-foot building for office and retail uses on Lots 15-21. Block 52. West Park Addition (1013 West College Street) This was the time and place set for the public hearing on the conditional use permit requested by Richard Ream for Joseph and Janet Columbo, under Application No. 2-9299, to allow construction of an approximate 6,350-square-foot building for office and retail uses on Lots 15 through 21, Block 52 of the West Park Addition. This property is more commonly located at 1013 West College Street. Mayor Swanson opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated the subject application is for the construction of a building on the parcel located at the northeast corner of the intersection of West College Street and South 11th Avenue. He noted that the property is located in a B-1, .Neighborhood Service, District. The Planner stated that the applicant proposes to construct a one-story, L-shape structure, with hip roofs and a dry-vit exterior with wood siding decorative inserts. He stated the building is to be divided into five lease spaces, available for office or retail use. He noted that two accesses are to be provided to the site, one from South 11th Avenue and one from the alley, into a parking lot which contains 23 parking spaces and 1 disabled parking space. He noted that the landscape plan includes street trees along both street frontages as well as landscaped and bermed strips along both street frontages. He also noted that a landscaped detention area is to be located at the corner, adjacent to the intersection. The Planner stated that, after conducting its public hearing on this application, the .Planning Board voted to recommend approval of this application, subject to 23 conditions. Planner Wall stated that a number of deviations are being sought in conjunction with the application for the conditional use permit, as follows: 1. From Section 18.28.050, to allow the building to encroach 2 feet into the required 25~foot front yard setback on South 11 th Avenue; 2. From Section 18.28.050, to allow the building to encroach 8 feet into the 20-foot rear yard setback from the alley; 09-21-92 . \ - 17 - 3. From Section 18.28.050, to allow the parking lot to encroach 10 feet into the 25-foot setback along both street frontages; and 4. From Section 18.28.020.A.1., to allow the building to exceed the 5,000-square-foot limitation in a B-1 zone by approximately 1,350 square feet. The Planner stated that the Design Review Board considered the first three requested .eviations be approved. He stated that, while they felt the building design and site design were acceptable, they did not feel that the deviation for the size of the structure was warranted. He noted that the Planning Board, after its review of the application, recommended approval of all four deviations. Mr. Richard Ream, applicant, stated the plan before the Commission was prepared after several different options were considered. He noted that, while this building does exceed the square footage allowed, he feels the one-level structure is much better than a two-story or two separate buildings. He further noted that with the hip roofs and the broken roofline, the structure does not look near as large as it really is, either to pedestrians or vehicular traffic. He stated the subject site is 187 feet by 141 feet, with two 25-foot front yard setbacks; and that configuration makes it difficult to design a building which is economically feasible. He also noted that the . surrounding buildings are located closer to the street than this new building will be. He also noted that the landscaped areas are to be bermed on a 1 to 1 ratio; therefore, they will be between 30 and 36 inches high, which will help to further break the visual impacts of the structure and the parking area. Mr. Ream stated that the style of architecture for this building was selected to reflect the residential character of the surrounding neighborhood, particularly the houses to the north. He then stated that the entire alley abutting this property will be paved, since it provides a second access to the site; and the dumpster will be placed for easy access from the alley. Mr. Joe Columbo, owner, stated that he has measured surrounding buildings, as a result of the comments made at the Planning Board hearing. He noted that the building in which their .building is housed contains 6,540 square feet; the apartment building immediately to the north contains 6,246 square feet; and the Montana Power Company sub-station contains 9,432 square feet. He stated that his proposed 6,350-square-foot building will fit nicely into the neighborhood without appearing too large. Responding to Commissioner Frost, Planner Wall stated that the spacing of the street trees 09-21-92 ._ ____ n________.______.. , \ - 18 - along West College Street will be adjusted slightly from the drawing, to provide a more even spacing while maintaining the appropriate distances for sight triangles. Commissioner Frost raised concern about the exterior light fixtures proposed, since the luminaries project from under the cone. He then asked if this light will create any glare in the estreet. Associate Planner Wall noted this is an on-going concern of the ORB. He then noted that these light fixtures are a height of eight feet, which should not result in light being diffused into the street. He did, however, suggest that the Commission could add a condition would require that all light be retained within the parking area. Mr. Richard Ream stated the on-site lighting will have a certain amount of tapering. He then noted that this lighting has been used at other projects in recent years, and has seemed satisfactory. He then stated his intent to ensure that vehicular traffic along South 11th Avenue and West College Street are protected from light diffusion from these fixtures, while ensuring the safety of people going to their cars in the parking lot. Commissioner Knapp noted this subject site is located in a B-1 zone, with one of the ereqUested deviations being to allow a larger building than the code allows. She noted past discussions about the creation of a new zoning district around the University campus, due to the difficulties that a B-1 zoning district can create. She then asked if any staff consideration has been given to that issue, like possible creation of a "B-U" district. Associate Planner Wall stated the issue has been discussed; however, no action has been taken to date. Commissioner Knapp noted that this type of discussion surfaced during review of the MSU Alumni Foundation building. She noted that at that time, it was determined that a university with large buildings and 10,000 students is not the same as a residential neighborhood. She then asked if there are any alternatives to this deviation, to bring the square footage within the 20-percent limit etor deviations. Associate Planner Wall submitted a memo, dated September 21, in which he had prepared five options for Commission action: (1) approve as recommended by the Planning Board; (2) approve with condition that revised building elevations be submitted to the DRB for review and approval; (3) allow more than one building with no building exceeding 5,000 square feet; (3) require a maximum of one building not to exceed 5,000 square feet; or (5) allow one structure with 5,000- 09-21-92 -.--........-- ..._..._______.. u._..._____. , \ - 19 - square-foot footprint and the remainder in a basement or second floor or a combination thereof. Responding to Mayor Swanson, Planner Wall stated that after its review of this application, the City-County Planning Board determined that the proposed building would be compatible with the surrounding development and forwarded its recommendation for approval. ~ Responding to Mayor Swanson, Mr. Ream stated that the sight triangles limit the amount ,., of street frontage where trees can be planted. He then stated that at the corner, he intends to create a depression for stormwater retention and detention; and he further intends to plant grass and low shrubbery, with large rocks and boulders arranged in the corner to complement the landscaping immediately across the street. He noted that area will also lend itself well to snow storage. Mr. Bret Haggerty, 618 South 11th Avenue, submitted his letter of support, dated September 21. He noted that, as a property owner and resident of the area, he is impressed with the landscaping plan and the low profile of the building. He noted that to require the applicant to construct two separate buildings would make this project not economically feasible. He further noted that with a single structure, a better landscaping plan can be developed. He then encouraged .a Commission approval of this plan as submitted. ......... Mr. Sam Foden, 715 South 10th Avenue, stated he lives immediately behind the subject parcel. He then stated support for this application, and encouraged Commission approval. City Manager Wysocki entered into the record letters of support from T. Bret Haggerty, dated September 14, and from Dorothy Eck, adjoining property owner, dated August 18. Mr. Richard Ream noted that the requested building blends well with the sizes of the other structures in the vicinity. He then noted that when the plans for this building were developed, the applicant was not aware of the 5,000-sQuare-foot limitation for buildings; and he feels it has resulted in a better project than if the 5,000-square-foot limitation had been observed and two buildings placed on the site. He further reminded the Commission that the Planning Board reviewed . this project in its entirety, rather than just design excellence, in making its determination. Responding to Commissioner Knapp, Mr. Ream stated the parapet walls on the building immediately to the east are approximately 16 feet tall; and the ridgeline on this proposed structure is 24 feet tall. He noted, however, that the differences in roof design create a different visual impact. I Responding to Commissioner Vincent, Mr. Ream estimated that the new building will be 09-21-92 .."".-..-----------..- ---. . . - 20 - approximately 26 feet from the building to the east. He further noted that the existing building is located in the front portion of the lot, while this building will be located toward the back of the lot. 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, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the pUblic hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the customary one-week waiting period for land use decisions be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the conditional use permit requested by Richard Ream for Joseph and Janet Columbo, under Application No. Z-9299, to allow construction of an approximate 6,350-square- ~ foot building for office and retail uses on Lots 15 through 21, Block 52 of the West Park Addition, "., subject to the following conditions: 1. A bike rack which provides parking for at least three bicycles shall be provided and illustrated on the final site plan; 2. The disabled parking space shall be signed as such. A sign detail shall be provided on the final site plan; 3. The approach off South 11 th Avenue shall be located as far away from the West College Street and South 11 th Avenue intersection as possible. The location of this access shall be dimensioned from the intersection on the final site plan; 4. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section, and drop- curb) and shown as such on the final site plan. A City curb cut/sidewalk permit shall be obtained from the City Engineering Office prior to final site plan approval; . 5. All curb, gutter, and sidewalk to be removed shall be so noted on the final site plan. All existing curb cuts which will not be utilized for the proposed development shall be closed in accordance with City policy; 6. The rear loading area shall be paved. The public alley right-of-way shall be paved from West College Street to the northern edge of the rear loading area, including the approach into the lot; 7. City standard "no parking" signs shall be placed at the alley on the rear of the building. The number and format of the signs shall be 09-21-92 -..------- . n_.._._..n. _... __ " , - 21 - coordinated with the City Sign Department; 8. New sidewalks shall be installed on West College Street adjacent to the property; 9. A stormwater drainage/treatment plan and maintenance plan for a system designed to remove solids, silts, oils, grease and other pollutants must be provided to and approved by the City Engineer. The ~ plan must demonstrate adequate site drainage (including sufficient spot .., elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination and a stormwater maintenance plan; 10. Sewer and water services shall be shown on the final site plan and new services shall be approved by the Water/Sewer Superintendent. City of Bozeman application for service shall be completed by the applicant; 11. The location of existing water and sewer mains shall be depicted on the final site plan; 12. The building shall include architecturally detailed windows on the entire structure and architecturally detailed doors on the storefronts; 13. The lap siding shall have a 4 to 5 inch exposure; 14. The street trees along West College Street shall be regularly placed in the right-of-way along the public sidewalk; 15. That all exterior lighting meet the zone code regulations regarding light ~ deflection into the public right-of-way; ...., 16. A common signage plan outlining materials, type styles and placement of tenant signage shall be included in the final site plan and subject to approval by the Planning staff; 17. 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; 18. 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; 19. 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; 20. That all of the special conditions shall be consented to in writing by the applicant; . 21. 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; 22. 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, 09-21-92 --- .--.--..-..-.--.-- I . - 22 - construction plans and methods of security shall be made a part of that agreement; 23. 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; and . 24. 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. and approve the following deviations, as recommended by the City-County Planning Board: 1. From Section 18.28.050, to allow the building to encroach 2 feet into the required 25-foot front yard setback on South 11 th Avenue; 2. From Section 18.28.050, to allow the building to encroach 8 feet into the 20-foot rear yard setback from the alley; 3. From Section 18.28.050, to allow the parking lot to encroach 10 feet into the 25-foot setback along both street frontages; and 4. From Section 18.28.020.A.1., to allow the building to exceed the A 5,000-square-foot limitation in a B-1 zone by approximately 1,350 square feet. ",., The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Commissioner Knapp requested that when the staff begins its review of possible amendments to the zone code, the creation of a new zoning district around the university be one of the issues addressed. Planning Director Epple acknowledged that this issue has arisen on a number of occasions, when various developments around the campus were being contemplated. He then stated staff will give the creation of a "university commercial" district some further consideration. . Authorize auction sale of specified Vallev Unit Subdivision DroDerties, Der subcommittee recommendation City Manager Wysocki submitted to the Commission a memo from Administrative Services Director Gamradt, dated September 17, along with a revised listing of properties, dated September 21. 09-21-92 ___... .___._ ..._____..._..._... ___ . _._.___ n_...__ t " - 23 - The City Manager stated the auction sale for the remainder of parcels in the Valley Unit Subdivision is tentatively scheduled for 1 :00 p.m. on Thursday, October 29, at the GranTree Inn. He then stated that the fair market values proposed by staff, including outstanding SID balances, are set at $1.10 per square foot on the platted business park properties, which were the subject . of the last auction sale, held on June 9. He then noted that this sale also includes two unplatted parcels, which have not previously been offered for sale. He then recommended that the Commission set the date, terms and fair market values for the auction sale, as recommended by staff. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission establish the fair market values for lots to be sold at public auction, tentatively scheduled for 1 :00 p.m. on Thursday, October 29, 1992, at the GranTree Inn, as follows: Lot ~ Fair Market Value 3A 1 $ 1 49,4 1 9. 38 1 25,592. 4A 1 1 27, 148. 48 1 1 9, 1 90. 5A 1 127,452. . 58 1 19,190. 6A 1 256,750. 68 1 38,379. UnDlatted COS 1510 Tr A 241,215. COS 1 509 Tr A 769,994. and that the terms of the sale be set forth as follows: 20 percent of the purchase price as the down payment; that the balance be carried by the City for a five~year period at an interest rate of 7 percent, unless the buyer builds within one year from the date of sale, in which case the rate will be reduced to 5 percent, retroactive to the date of sale; with semi-annual payments; and that Mandeville Auction Service and Security Title Company be retained for said sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, . Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. ADoointment of two Commissioners to serve on subcommittee regarding orooosed amendments to sian code The City Manager stated the Planning Director has requested this item be placed on the 09-21~92 --.--". .-.. - "' .. - 24 - agenda. Planning Director Epple forwarded his request that a subcommittee, comprised of two City Commissioners, a Planning Board member, a couple City staff members and Mr. Joe Sabol and possibly one of his clients, be developed to review proposed revisions to the sign portion of the .zone code, noting that Ms. Kris Dunn has indicated her willingness to serve as the Planning Board member. He characterized this as a consensus building process, recognizing that the resulting amendments will be the subject of the appropriate public hearing process. He suggested that the committee create three categories into which all existing signs would fall: (1) those which are to be amortized out; (2) those which don't meet current standards but are considered acceptable; and (3) those which conform with the current code requirements. The Planning Director stated that Assistant Planner Grigsby and Associate Planner Wall have been working on revisions to this section of the code as time has allowed, particularly in the areas of low monument signs, and the sliding scale for height and size of freestanding signs. He suggested that to have the subcommittee review these amendments as well as the categorization of existing signs before beginning the public hearing process could be very helpful. ~ Responding to the Mayor, the Planning Director stated that amortization of signs is another .., issue which must be addressed. He stated that staff is proposing that, rather than the sliding amortization schedule contained in the present code, a single-date amortization schedule be established at October 1, 1997. He suggested this would be a fairer approach; and it actually shortens the time allowed for amortization of the larger, more expensive and most visually impacting signs by one year. He also stated that from an administrative point of view, the single- date amortization schedule is much more appealing and less labor intensive. Mayor Swanson requested that Commissioner Frost and Commissioner Stiff serve on this subcommittee. Commissioner Knapp asked what the IRS schedule is for amortization of signs. . The Planning Director responded he has not reviewed the tax codes regarding this issue. He noted, however, that under the old tax codes, seven years was allowed for a rapid depreciation schedule for this type of personal property. He noted that, since the proposed date is five years from now, and the new code provisions were adopted just over two years ago, the proposed single- date schedule would meet the seven-year criteria. City Attorney Luwe stated that various lengths of amortization schedules are legally 09-21-92 n____.. _...___ " '. - 25 - defensible, as long as they are reasonable. Commissioner Vincent noted that the first layer of the amortization schedule was to go into effect October " and asked if the Commission will be required to take some action before that date if it wishes to change from the existing sliding scale. ~ The Planning Director responded that staff has discussed this issue at length, in light of -its long-standing policy that if a proposed amendment to the code is in process that would change the portion of the code, violations to that portion of the code will not be enforced until after the changes have been made and it is determined whether the existing situation or activity is legal. He suggested that, on the basis of this policy, Commission action is not needed to defer enforcement of the amortization schedule. Responding to additional questions from Commissioner Vincent, the Planning Director indicated he does not believe the City will incur any liability because business owners have chosen to install conforming signs prior to what they anticipated as the deadline. He then noted that as business owners seek to make changes in their sites, they will be required to bring their signs into conformance with the code; and staff will continue to pursue enforcement on those signs which .have been illegally erected. City Manager Wysocki suggested that the subcommittee and the Commission address the issue of possibly making the sign company installing a business sign responsible for ensuring that the sign they erect meets the code. He suggested that if they fail to do so, part of the penalty could be revocation of their business license. Planning Director Epple concurred, noting many contractors are surprised that a bond is not required as a part of the business licensing process. Responding to Commissioner Frost, the Director stated that staff has not contacted anyone to indicate that the October 1 deadline was approaching, due in large part to the Commission's discussion in March pertaining to the amortization schedule. He noted that at that .time. the Commission indicated its interest in delaying the entire amortization schedule by one year. Commissioner Frost stated he feels this is a political issue; and he is concerned about delaying implementation of the amortization schedule to another Commission. He noted, however, that if the staff continues to pursue illegal signs in the community, many of the problem signs will be addressed anyway. Commissioner Stiff stated his desire to serve on the subcommittee; however, he noted 09-21-92 . I '1 . - 26 - that he will be out of town until November 1. Planning Director Epple stated that if the Commission is willing to wait until November to begin the subcommittee meetings, it will allow staff time to finalize its proposed revisions and possibly even add a few that have been "on hold". He then stated that, hopefully, in two or three .breakfast meetings, the subcommittee can have its work done. He further noted that it will allow the staff to complete the additional research that needs to be done prior to adoption of the proposed revisions. Following discussion, the Commission decided it would be appropriate to schedule the initial meeting of the subcommittee for some time next week, with subsequent meetings to be held after Commissioner Stiff returns. In response to a concern Commissioner Vincent raised about his experience with the effectiveness of subcommittees in the Legislature, the City Manager indicated that all Commissioners will be provided with information regarding the issues being considered by the subcommittee. He noted that this will allow the Commissioners to provide input to the subcommittee members as the process unfolds. . Commissioner Frost and Commissioner Stiff, in turn, stated their willingness to accept the Mayor's appointment. Planning Director Epple noted there are some zone code amendments that should be processed in the meantime, one pertaining to revision of the criteria for a planned unit development and one pertaining to how expansion of a non-conforming use is processed. Ordinance No. 1354 - salarv ordinance for Fiscal Year 1992-1993 City Manager Wysocki presented Ordinance No. 1354, as approved by the City Attorney, entitled: ORDINANCE NO. 1354 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commission that, by State statute, the City has five positions for which they must set salaries each year. He then stated that the figures recommended for the salaries reflect a 4.5-percent increase, which is the same as the increases negotiated with 09-21-92 ---.,. n.._.._ ---.- ..1 I'. ;-' - 27 - the various bargaining units, including longevity. He also reminded the Commission that the City Judge's salary is now established on a daily, rather than a monthly basis, due to a recent ordinance change. He then recommended that the Commission provisionally adopt the ordinance at this time, and that it be brought back in two weeks for final adoption. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1354, the salary ordinance for department heads, City Judge and the employees of the City Commission for Fiscal Year 1992-1993, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Proclamation - "United to Serve America Day" - SeDtember 22. 1992 The City Manager reminded the Commission that Commissioner Frost had requested that this item be removed from the Consent Items for further discussion. Mayor Swanson suggested that he and Commissioner Frost be given an opportunity to .revise the proclamation to provide more appropriate phraseology, noting that he is to present this proclamation at a function tomorrow evening. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission concur in the Mayor's revised proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (1 ) Notice of the dedications of the Morning Star School today at 5: 30 p. m. and the Emily Dickinson School on Wednesday at 5:30 p.m. (2) Copy of the information on resolutions being considered by the Legislative Committee for the League, as forwarded by Mayor Swanson. The City Manager asked the Commissioners to review this information and forward their comments on any of the resolutions to the Mayor, since he will be voting on these resolutions at 09-21-92 -----.-..--.--.--.-- ---- ... t.. .. - 28 - the League convention in Lewistown. (3) Letter from The First Home Buyers' Club, dated September 14, announcing their meeting scheduled for noon on Thursday, September 24, at First Bank Bozeman. (4) Copy of a letter to the editor from Heino Lackey, dated September 5, regarding ~ Development in the Walker Subdivision. ., (5 ) The final water usage report, dated September 21. (6) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on Tuesday, September 22, at the Carnegie Building. (7) Agenda for the Design Review Board meeting, to be held at 4:00 p.m. on Tuesday, September 22, at the Carnegie Building. (8) Letter to the City Manager from Chris Boyd, Executive Director of the Gallatin Valley Land Trust, dated September 18, regarding the development of three trail linkages through the efforts of the Montana Conservation Corp. The City Manager stated that in this letter, Mr. Boyd requests a letter assuring the Hospital Board that if they will dedicate a 1 O-foot trail right-of-way immediately adjacent to the 10-foot-wide .trail dedication from Mr. Ken LeClair for the Highwood Estates project, they will receive credit for that dedication when subdivision of the parcel is pursued. He then indicated he feels this would be appropriate, and asked for Commission concurrence. The Commissioners gave their concurrence. Mayor Swanson suggested that, unlinked to this requested letter, a letter should be written to Mr. LeClair, encouraging him to provide additional park right-of-way somewhere on his parcel, since he has placed encroachments in the existing right-of-way. (9) The City Manager noted the campaign being run by Mark Allen, and indicated that he has been sent the standard letter informing him that campaign signs are not allowed in the public right-of-way. . (10) The City Manager noted the street improvement projects have been undertaken, including grinding of several streets and overlaying of those streets. He indicated that this portion of the project should be complete within the next few days. (11 ) Commissioner Frost stated he attended the first meeting of Leadership Bozeman on Thursday and found it an enjoyable experience. He stated that 29 are registered for the program; and 24 were in attendance at the first session. 09-21-92 --- .-- ---- ._. _. _________.___u.._._....._.__ __._._ ..__ ..: 1_. - . - 29 - ( 12) Commissioner Stiff noted the letter which the Commissioners just received from Congressman Pat Williams regarding Peets' Hill. ( 13) City Attorney Luwe stated he also attended the Leadership Bozeman session on Thursday. . ( 14) Mayor Swanson submitted the following. ( 1) Attended the dedication of the Morning Star elementary school at 5:30 p.m. He noted that the school was named after a Chief of the Cheyenne Tribe; and the ceremony included a dance and drum group from the Cheyenne Indian Tribe. (2) Asked Commissioner Vincent to provide the welcome at the Emily Dickinson school dedication on Wednesday, since he will be unable to attend. (3) Asked for Commission representation at the First Home Buyers' Club meeting on Thursday, since he will be unable to attend. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Reauest for permission to conduct ASMSU Homecoming Parade - Saturday. . October 3. 10:00 a.m. - Main Street from Rouse to 11th Avenue Reauest for permission to conduct 10K CROP Walk for the Hungry - Sundav, October 11. 2:00 - 5:00 p.m. - beain at Food Bank. North Wallace. East Main. Cycress Street. Old Highland Boulevard. Kagy Boulevard. Linear Park. Church Avenue. Peach Street. North Wallace Street to Food Bank Deviation - to allow encroachment of 22 feet into the reauired 25-foot front yard setback - Clarke T. Baldwin and Susan G. Penner. 719-721 South Third Avenue Commission Resolution No. 2878 - intent to annex 13.0-acre tract known as Parcel A and Parcel B. located in the W%. W%. NE%. SW% and the E%. E%. NW%. SW%. Section 11. T2S. R5E. MPM (Schrenk annexation reauest. Iyina north of Main Mall and south of West Babcock Street) COMMISSION RESOLUTION NO. 2878 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND . CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 2879 - intent to annex 287.5-acre tract known as COS Nos. 1353 and 1353B. located in Section 31. T1S, RGE. MPM (Bridaer Creek Development reauest.IYing between Story Mill Road. the East Gallatin Recreation Area and the East Gallatin River, and the City landfill) 09-21-92 --.------------.--- -.-.----- __ .__u. _ _ ___ __ _ __u_.._ ..n ...: ~, \ . - 30 - COMMISSION RESOLUTION NO. 2879 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE . BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Accrove loan (CDBG) for housing rehabilitation: cer recommendation of Loan Review Committee Authorize Mavor to sign Findinas of Fact and Order for realianment and aaareaation of Emerson School site Authorize Mavor to sian Findings of Fact and Order for Cascade Subdivision. Phases I. II. III Authorize Mayor to sign Findinas of Fact and Order for Evergreen Business Park Planned Unit Develoement Acknowledge receict of aeelication for vacation of Nickles Drive - Jim Kack: refer to staff Aeerove beer and wine license - Jackeot Casino Bozeman. Inc.. 1801 West Main Street - for Calendar Year 1992 Buildina Inseection Division Recort for Auaust 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons .to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adjournment - 8:50 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . ATTEST: ~;/b~ R BIN L. SULLIVAN Clerk of the Commission 09-21-92 - ------- . -. -~-_.,,_._--_.~ -- _n._..n___