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Home My WebLink About03-04-10 Minutes, City Commission, Policy MeetingLINKED MINUTES OF THE POLICY MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, March 4, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan, Finance Director Anna Rosenben and City Clerk Stacy Ulmen. Please refer to the audio recording of this meeting fin- additional detail. 0:00:10 A. Call to Order-Noon-I:30 p.m.-City Commission Meeting Room, city Hall Mayor Krauss called the meeting to order. 0:00:14 C. Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:00:57 D. Round Table Discussion No items were identified or discussed. 0:01:28 E. Policy Discussion March 4, 2010 0:01:32 I. Policy Discussion on Substantial Long-Term Encroachment into Public Right-of-Way (Draft Policy Plan will be discussed). 0:01:46 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding Substantial Long-Tenn Encroachment into Public Right-of-Way. The items to discuss were; A) Consider the presented draft revisions of Chapter 12.22 of the BMC, "Downtown Sidewalk Encroachment Permit Program," and B) Direct City Staff to formalize adoption of the revisions by drafting an ordinance. There is an existing encroachment program in place. She pointed out the boundary of the downtown business district. 0:06:30 Brian Heaston, Project Engineer Mr. Heaston spoke regarding turning movements, site vision and pedestrian conflicts. He spoke regarding the possibility of Engineering requiring an intersection level of service analysis. Minutes of the Bozeman City Commission Policy Meeting, March 4, 2010 0:07:03 Mr. Heaston Mr. Heaston spoke regarding the difference between a report and analysis. 0:08:02 Ms. Bristor Ms. Bristor spoke where encroachments are prohibited. She spoke regarding projects that use up a substantial amount of parking. She spoke regarding exclusive uses, alcohol at sidewalk cafes, clear isle expansions and permit fees. Three questions were addressed to the Commission for input. 1. Is the proposed expansion of the "Downtown Sidewalk Encroachment Permit Program" appropriate? 2. Who should be the final approval for substantial and exclusive use encroachment requests? Public Service Director or City Commission`? 3. Are the recommended application/perinit fees for non substantial encroachment requests appropriate? (no fee is currently required) 0:12:32 Cr. Taylor Cr. Taylor asked if there were provisions written that addresses monthly payments (cash -in -lieu for parking spots) that are not made. 0:12:41 Mr. Heaston Mr. Heaston stated that there is not anything specifically written but that it may address delays of payment in other sections of the Code. 0:13:02 Ms. Bristor Ms. Bristor stated that it may be handled through the Finance Department. 0:13:21 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the failure of complying with provisions in a Chapter a permit can be revoked. 0:13:36 Cr. Taylor Cr. Taylor spoke regarding the 1 Oft pedestrian sidewalk. 0:13:47 Mr. Heaston Mr. Heaston stated that the 10ft parallels the City's existing design standards. 0:14:32 Chris Saunders, Interim Planning Director Mr. Saunders spoke regarding standard widths. 0:16:06 Mr. Saunders Mr. Saunders spoke regarding the streetscape and emergency vehicle parking. 0:18:29 Cr. Taylor Cr. Taylor asked if the ceasing of a pe iiianent encroachment is addressed. 0:18 :45 Mr. Heaston Mr. Heaston stated that is addressed in section 12.22.160. 0 :19:19 Cr. Andrus Cr. Andrus asked if the additional sidewalks (expansions) needed to be permanent. 2 Minutes of the Bozeman City Commission Policy Meeting, March 4, 2010 0:19:49 Cr. Andrus Cr. Andrus wondered if the sidewalk could be temporary. 0:19:54 Mr. Heaston Mr. Heaston stated that he does not see how that is possible. 0:20:05 Ms. Bristor Ms. Bristor stated that drainage is an issue and the ADA would need to be considered as well. 0:20:48 Mr. Kukulski Mr. Kukulski spoke regarding the pull up curbs on Kagy. 0:22:00 Ms. Arkell Ms. Arkell stated that there are rubber interlocking sidewalk panels that could be looked into. 0:22:37 Mayor Krauss Mayor Krauss stated that he wants the sidewalk panels investigated 0:22:42 Mr. Hixson Mr. Hixson stated that drainage will he the biggest issue. 0:23:40 Cr. Andrus Cr. Andrus spoke regarding the parking fees. 0:24:09 Chris Naumann, Member of the Parking Commission Mr. Naumann spoke on behalf of the Parking Committee regarding the fees. 0:26:32 Cr. Mehl Cr. Mehl spoke regarding an extended pay period. 0:27:07 Mr. Naumann Mr. Naumann stated that it was considered in the context that the businesses will not be the property owners. 0:28:44 Mr. Heaston Mr. Heaston spoke regarding when a property transfers ownership. 0:29:58 Mr. Heaston Mr. Heaston spoke regarding State jurisdiction. 0:30:37 Cr. Becker Cr. Becker spoke regarding insurance levels. 0:31:37 Cr. Becker Cr. Becker spoke regarding streets for sidewalk extensions. 0:31:47 Mr. Heaston Mr. Heaston stated that grading and drainage may be big issues. 3 Minutes of the Bozeman City Commission Policy Meeting, March 4, 2010 0:34:01 Cr. Becker Cr. Becker spoke regarding travel lanes. 0:35:12 Mr. Heaston Mr. Heaston spoke regarding the definition of block face. 0:35:20 Cr. Becker Cr. Becker spoke regarding payment schedules. 0:37:08 Cr. Becker Cr. Becker stated that the costs should be charged per month instead of a 10 year term. 0:39:44 Mr. Naumann Mr. Naumann spoke regarding the Parking Committee's recommendations. 0:40:36 Cr, Becker Cr. Becker spoke regarding an every other block first come-first serve idea. The travel lane issue concerns him. 0:41:58 Mr. Hixson Mr. Hixson stated that the lane if travel will be centered off of the center line. 0:42:27 Mr. Hixson Mr. Hixson spoke regarding the existing tr avel lanes. 0:43:31 Cr. Mehl Cr. Mehl spoke regarding public comment that has been received. 0:44:33 Ms. Arkell Ms. Arkell spoke regarding an existing restaurant with tables and chairs on the sidewalks. The location of these must be along the business, not along the curb. 0:48:03 Cr. Mehl Cr. Mehl spoke regarding the loss of parking spots. 0:50:33 Cr. Mehl Cr. Mehl spoke regarding the difference between a study and a report. 0:53:03 Mr. Heaston Mr. Heaston spoke regarding allowing these things to happen on a case by case basis or consideration of looking at the downtown collectively. 0:55:14 Cr. Becker Cr. Becker spoke regarding which blocks could be encroached. 0:56:36 Cr. Becker Cr. Becker spoke regarding 12.22.140 b.l. He would like models rendered of specific examples of known property taxes that fit the model. 4 Minutes of the Bozeman City Commission Policy Meeting, March 4, 2010 0:57:10 Mr. Heaston Mr. Heaston spoke regarding the taxing. 0:57:47 Cr. Becker Cr. Becker wants to see specific property examples. 1:00:23 Ms. Arkell Ms. Arkell spoke regarding the code interpretation regarding tables and chairs on the sidewalks. 1:01:19 Cr. Becker Cr. Becker spoke regarding the curb faces. 1:02:47 Mayor Krauss Mayor Krauss wondered if these types of uses can go up two stories. 1:03:01 Mr. Heaston Mr. Heaston stated that it is not currently prohibited. 1:03 :08 Ms. Arkell Ms. Arkell stated that this is in a different portion of the code. 1 :03:57 Mayor Krauss Mayor Krauss spoke regarding the equity issue; we need to deal with this in an equitable manner. He spoke regarding existing complaints. He spoke regarding health and safety. There is concern in the winter. He spoke regarding preserving on street parking. He has concerns of corners and turning radius. 1:17:36 Mr. Cooper Mr. Cooper stated that the existing Ordina be used in the existing program. will be looked at. Some of things identified should 1:18:40 Mr. Cooper Mr. Cooper that there are two principal matters to be dealt with including proposed substantial encroachments and exclusive uses. 1:22:21 Cr. Taylor Cr. Taylor stated that he does not want to rush this and wants to see what was discussed incorporated. 1:22 :54 Cr. Becker Cr. Becker stated that he wants some streetscapes for visuals. 1:25:24 Cr. Mehl Cr. Mehl would like feedback from the downtown groups and boards regarding this item. 1:26:13 Ms. Andrus Ms. Andrus spoke regarding the existing permits. 5 Minutes of the Bozeman City Commission Policy Meeting, March 4, 2010 1:26:30 Mr. Cooper Mr. Cooper suggested that exclusive use applications should be heard by the City Commission. 1:27:16 F. FYI/Discussion 1:27:21 1. Blast Site -HUD Allocations and F H Building Mr. Kukulski stated that one of the big upcoming agenda items for Monday night is the Blast Site -HUD Allocations and the F H Building. He highlighted the funding allocations. 1:28:41 2. Parade Issue Cr. Mehl wondered how the parade issue will be settled. Public Services Director. 1:30:19 G. Adjournment Mayor Krauss adjourned the meeting at 1 :39 p.m. TT t:;cy„ Pyee1C, City Clerk I MC, City Clerk Approved on N d 6 is currently being reviewed by the