Loading...
HomeMy WebLinkAbout1991-05-06 MinutesCORRECTIONS TO MINUTES May 6, 1991 Page 7 - Line 7 - change "including the requirement that all conditions be met" to "and will be issued after all conditions have been met." - Line 8 - change "reivsed" to "limited" - Line 9 - delete "include" - Line 17 - change "homes- to "home" - Line 20 - change ''area" to ''areas" Page 12 - Line 17 - add now Paragraph "Mayor Hawks suggested that the sub- committee consult key members of these group and others as this unfolds." Page 13 - Line 8 - change ., to" to ''o'', n Page 16 - Line 14 - change to read "— Projects is part of a normal agenda profile at all meetings. Page 19 - Line 33 - change "however" to "when" - change "also" to Not a" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 6, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 6, 1991, at 3:30 p.m. Present were Mayor Hawks, Commis- sioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. City Manager 'Wysocki requested that the staff report regarding vacation of Ida Avenue be removed for discussion; and Mayor Hawks requested that the agreement for engineering services for the 1991 sidewalk program be removed for dis- cussion. Minutes - April 29, 1991 Mayor Hawks deferred action on the minutes of the regular meeting of April 29, 1991 for a period of one week. Ordinance No. 1325 - adopting by reference the 1987 Edition of the Uniform Code for Bui[dinq Conservation with Chapters 4 5 and 7 deleted except as referenced by Chap- ter 6 City Manager Wysocki presented Ordinance No. 1325, as prepared by the City At- torney, entitled: ORDINANCE N0, 1325 AN ORDINANCE OF THE CITY COMMCSSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE SECOND PRINTING OF THE UNIFORM CODE FOR BUILDING CONSERVATION, COPYRIGHTED 1987, WITH CHAPTERS 4, 5, AND 7 DELETED THEREFROM EXCEPT AS REFERENCED BY CHAPTER 6 - HISTORIC STRUCTURES, REGULATING THE MINIMUM STAN - DARDS FOR CHANGE OF OCCUPANCY, ALTERATION OR REPAIR OF EXIST- ING BUILDINGS AND STRUCTURES AND ESTABLISHING A PENALTY FOR VIOLATION THEREOF. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of April 22, and recommended that it be finally adopted at this time. He further reminded the Commission that the specified chapters have been deleted because that is the format which was adopted by the State of Montana. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission finally adopt Ordnance No. 1325, adopting by reference the second printing of the Uniform Code for Building Conservation, copyrighted 1987, with specified deletions. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor 05 -06 -91 - Hawks; those voting m" none. Ordinance No. 1326 - vacating and abandoning that portion of the 30-foot- local access strip commonly referred to a:s a service drive lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second Addition and the North 7th Avenue Right-of-Way The City Manager presented Ordinance No. 1326 as reviewed by the City Attorney, ORDINANCE NO. 1326 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 80ZEMAm MONTANA, VACATING AND ABANDONING THAT PORTION OF THE 30- FOOT-WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SER- VICE DRIVE LYING BETWEEN LOTS l z x AND A PORTION OF LOT 4 BLOCK s ' DURSTON'5 SECOND Aon|TIow To THE CITY OF BOzEMAN AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH AVENUE, AND FURTHER EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF WEST jOw|pER STREET NORTH FOR A DISTANCE OF zeu FEET TO APPROX- /MATELY THE SOUTH RIGHT-OF-WAY LINE OFWEST 8BWLOCK STREET EX- TENDED. City Manager Wysocki reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of April 22 1997 and recommended that it be final- ly adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1328 vacating and abandoning that portion of the 30-foot-wide local access strip adjacent to marigold. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson Commissioner Knapp, Commissioner Coehruny and Mayor Hawks; those voting No, none. Staff report re vacation of Ida Avenue (4th Avenue E ) lying in Blocks 22 23 and zo Electric Heights Addition as requested by Westland Enterprises City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items for discussion. He then noted that a copy of the staff report, dated May z 19e1. was included in the Commissioners' packets; and that rec- ommendation is for denial of the application. Mr, Bob Simkins, Westland Enterprises, stated that Electric Heights Addition was platted nearly 100 years ago; and the streets within that addition were platted as if they were on flat ground rather than the steep terrain which actually exists. He stated that due to the steepness of the hillside, it was recognized that the streets and alleys could not be constructed as platted; therefore, most of those street and uUoy rights-of-way were vacated many years ago. He noted it was recently discovered, however, that the oo-hmt strip of right-of-way along the east side of Blocks zz za and 24 was not included in that vacation procedure. He stated that this subject piece of public right-of-way is located on m very steep siuchif| leading into a gully, and does not run to any existing or anticipated 05-06_y/ - 3 - roadway. Mr. Simkins stated that when or recently sought a building permit to build a house on Lo/ 4 Block 1, Greps First Subdivision, he was informed that he must observe a 25-foot setback from both Kenyon Drive,and Ida Avenue, noting that /eaves only oy feet of the 109-foot-deep |o«. He stated that, given the fact that the 30-foot-wide strip is not adequate for a street meeting today's ^tpndnruu the fact that the right-of-way ends in a gully, and the fact an existing roadway has been constructed only 715 feet east of the platted Ida Avenue, he feels it is appropriate to vacate this right-of-way. � Mr. Simkins stated that a review of the staff report including the memos from var- ious departments of the City' reveals that the objections to vacation of this street right-of-way center around the need for a trail to connect KaBy Boulevard to Sourdough Road. He then suggested that such a connection exists, along Kenyon Drive and O'Connell Drive. Mr. Simkins then reminded the Commission that the subject right-of-way was ded- icated for street purposes and questioned whether the City can utilize it for other pur- poses. He also noted that the subject right-of-way leads into a gully; and the property at the end is all in private ownership. He stated that he has owned the property in that ar- ea since 1958 and has had a substantial amount of trouble with people trespassing over the years. Mr. Simkins stated that to use that right-of-way for trail purposes will only encourage people to go there thus compounding the trespassing problem. Mr' Bob Simkins stated it is his understanding that the City is current|y attempting to reach an agreement with Mr. Burke for gaining access to Kenyon Drive. He then noted a willingness to enter into an agreement with the City that he will provide an easement from the existing trail to Kenyon Drive if the City is unsuccessful in its negotiations to acquire the Burke property as u part of the vacation process for this street right-of-way. Responding to Mayor Hawks Mr. Simkins stated his preference for vacation of this street right-of-way' as requested, rather than seeking a variance to that setback require- ment, He then reiterated his concern about retaining the right-of-way for park purposes because of the problems it would create, Mayor Hawks noted the intent of the staff recommendation is to ensure that all options for connecting the Burke property to the remainder of the park and trail system are retained. He then noted that negotiations with Mr. Burke are reaching the final stages' indicating that be is not prepared to act on this request until after that process has been completed. Mr. Simkins stated he would like to begin construction this summer; however, he cannot d* so until the Commission takes action on this request. He once again noted his willingness to provide access to Kenyon Drive across his property' in a /000dpn other than 05-o6-91 - 4 - the existing street right-of-way, as a part of the vacation process. Responding to Mayor Hawks, Mr. Simkins stated he owns Lots 1 z s and q of Block 4 Graf's First Addition, as well as G|nsks 22 23 and z^ of the Electric Heights Ad- dition. The City Manager Suggested that the Commission acknowledge receipt of the staff report and refer it to the POST Committee for review and n recommendation prior to taking action. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission acknowledge receipt of the staff report and refer it back to the pVSr Commit- tee for review and n recommendation. The motion carried by the rpUpwiug Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Gnnhrvng' Commissioner Frost and Mayor Hawks; those voting No, none. Discussion - sta ff report re setting of rates for garbage collection for Fiscal Year 1991 -92 The City Manager submitted to the Commission a memo from Director of Public Ser- vice Phill Forbes, dated May 2, setting forth the proposed rates for garbage collection for the Fiscal Year 1891-92. pro- posed by »mMr' noting they are based on the anticipated revenue requirements for the up- coming fiscal year. He stated that a base rate assessment of *40 per year for a single- family structure is to be charged with a sliding scale to be applied for all multi-family units. He noted that the sliding scale recognizes the effciemry of collecting the garbage from more than one residence at a single location. In addition to that base rote assess- ment, residents will be required to purchase a tag' which is to be affixed to the container or bag or garbage. He noted that the tag for a JU- to 33-ga||nn size container, with a maximum weight of so pounds will cost 90 cents; and a Lag for the mini-size container which is o 19- to 20-gallon size container' with a maximum weight of zo pounds, will cost 05 cents. He stated that the two "sizes" of tags will be differentiated through use of readily distinguishable tag colors. The Director reminded the Commission that initial discussions centered around use of o bag system; and a quick glance at dumpstcrs wwv|u have revealed whether the gar- bage was appropriately bagged prior to pich-up. He noted that the crews will not dig through the dumpstrrs to ensure that the appropriate number of tags are included; howev- er, if it is noted that abuses regularly occur within n dumpstor' the property owner will be notified. He stated that a windshield survey of the clumpozmr accounts revealed that a majority of the garbage in those clumpsters is containerized. The Director then reminded the Commission that under this program, bulky items - s - =hidh do not easily fit into a garbage can will still be collected if they are set out by the garbage cans with on appropriate number of tags affixed to "pay the freight." Director Forbes stated that these pnvpns*u rat=s were established after determining the revenues necessary to operate the garbage fund for the upcoming fiscal year. He not- ed it is anticipated that the base charge will generate 42.5 percent of the needed reve- nues; and sale of the tags will generate the other 57.5 percent. He then briefly high- lighted the sliding scale which staff has proposed for muVti-unit buildings, noting that this proposal seems to roUwot the most equitable and fair system possible. Responding to Mayor Hawks the Director indicated that the sliding so,|, was gen- erated through use of logarithmic equation. Responding to the Mayor the Director stated that the data base for single-unit and multi-unit buildings is quite good; and an inventory will be conducted to fill in those pieces of information that are missing. Commissioner Frost asked if it would be easier for staff if bags were required rath- er than tags for all clvmpstor accounts collected by the Qty. Street/ Sanitation Superintendent Sicz stated that bags would be more readily iden- tified than tags. He o"t*o, however, that clumps,mrs are dumped from overhead, and the crew does not :c, the contents as they enter the truck. Director of Public Service Forbes reiterated his observation that most garbage in dumpsters seems to be in bags; and he feels the tag system will be feasible in this situa- tinn, we noted that the City must depend quite a hit on the honesty of those living in multi-family units with dumpstrrs; however, he noted that if e problem is suspected, that dumpster can be monitored quite closely. Commissioner Frost noted that this now fee schedule is to be a volume-based rate system; however, all of the information distributed recently has been based on weight. He noted that this has caused confusion; and he has received many questions regarding this issue. The Director of Public Service noted that in previous discussions and information distributed, the size of can has been stipu|ated, along with a weight limit attached. He noted that, since the information generated at the landfill is based on weight, and is the only basis upon which he has to operate in proposing fees, he did not make the conversion back to size of container when preparing this memo. Commissioner Knapp asked when the City will begin to cv||cu composting goods whether a tag will be necessary for its disposal, and how the City can justify charging those who wish to bring their own composting goods to the landfill. Director of Public Service Forbes noted that at the present time there is o one- cent-per-pound gate fee at the landfill for composting goods; however, the ad hoc re- 05-V6-ST - 6 - cycling committee has recommended that fee be re-evaluated. He then noted the com- posting collection program is scheduled to begin May oo. Street/ Sanitation Superintendent Roger sicz stated he is receiving telephone calls about the composting program; and he is instructing those individuals to set out their compost materials along with their regular garbage. He noted that the compost collection program is currently scheduled to run through September 20 providing there is adequate compost materiwl being collected to continue its operation. The Director suggested that a back yard composting program could possibly be en- couraged for the season's beginning and ending materials. He then noted that in the gar- bage collection program, no portion of it is free; rather, it is covered in the collection fees which have been proposed. Mayor Hawks noted one problem with the current composting program is that people don't know when it will be ool|pvtwd suggesting it would be beneficial to coordinate this program with the regular garbage collection schedule. He also suggested that when a curbside recycling program is implemented, it would be beneficial to have it coordinated in the same manner. Superintendent 5ioz stated that last year, compost goods were collected beginning on Monday, and that collection was generally completed on Wednesday. He noted that col- lecting those goods on the some day as the regular garbage collection would add two days every week thus increasing the expenses of the program or requiring him to find additional work for those crews for the remainder of the time, Mayor Hawks asked if the Commission wishes to review the fee structure for compost goods at the landfill. He noted that the summer season is approaching, and this seems to reflect an apparent unfairness in the present system. Commissioner Gochrung reminded the Commission that the recommendation from the ad hoc recycling committee included white goods as well. Director Forbes stated he feels staff could prepare fairly quickly for review of these landfill gate fees. He stated that he does not feel uncomfortable with the present rates; however, he noted that if the Commission wants to make an adjv,uvent that wilt in- fluence ponp|c"s behavior and make it easier to make the overall program warx, he feels that is an acceptable alternative. The Commission thanked the Director for his presentation. Update re status of preparation o f final zone code Assistant to the City Mana2er Br and Planning Director Epple City Manager Wysocki stated that Planning Director Eppha has requested an oppor- tunity to address the Commission regarding the statms of finalizing the zone code. o5-no-m -7- Planning Director Andy EpFxe stated that he and Assistant to the City Manager Roo Bray have spent a substantial amount of time over the past six w=uha working on several chapters of the new zone code. He then highlighted revisions to the following chapters or the code, which have been Substantially rewritten. Chapter Az neighborhood conservation and historic preservation districts, has been amended per Commission i b Certificates of A iateness are mandatory within both districts' . The ti pertaining to a possible up-to-one-year delay for demolition of structures has been r*vf U to-incfude demolition only, with all other regulations being mandatory. Chapter 43 entryway overlay districts has been revised to include a Certificate of Appropriateness, with the requirements for that district paralleling those of the neighbor- hood conservation amd historic preservation districts. The Director noted that creating as much uniformity in standards and procedures as possible should also create more clarity for those dealing with this code. He also noted that this section includes mandatory com- pliance with all conditions set forth for approval of an application. Chapter 50 general building and development standards' now contains all miscu|[a- npnos requirements, including parking, screening and |awdscaping, and mobile home regu- lations. Also, the contradictory provisions in this section have been addressed. The Di- rector stated he feels the revised code is more uniform and better integrated. He then noted that perimeter treatment of parking area��has been slightly revised, with alternatives to continuous concrete curbing now being allowed. Chapter 51 DRD and DRC, has been revised to clarify the duties and responsibil- ities of each body. Director Epp/e noted the main issues pertain to when the DRB actions are final versus advisory. He noted that these revisions will not affect the manner in which business is conducted; however, it does clarify the situation. Chapter sz site plan approval process' has been revised to include o new type of plan submittal, a sketch plan. This typo of submittal is for a project which is not large scale or comn|ex, such as a single-family or duplex project. The sketch plan must be drmwn to scale and contain enough detailed information to verify that all zoning require- ments are being mat' The Planning Director noted that standardized submittal require- ments are being implemented for major site plan projects, such as planned unit develop- ments and conditional use permits. He noted that the basic submittal requirements will ap- ply to all types of submittals, with specific additional elements being required, depending upon the specific type of submittal. Chapter 54 planned unit developments, has been simplified, with the submittal re- quirements now being included under Chapter 52. The Director noted that the section is now more logical, with the submittal requircmmnt,, review procedures and approval criteria 0-Qs-91 - 8 - set forth. He then noted that the review procedure includes approval of the preliminary plan, with staff approving the final plan, after all conditions attached to approval of the preliminary plan have been met. The Director stated that the point system has been deleted; and the criteria have been rewritten so that they can be answered with a "yes" or "no' " which dramatically decreases the subjectivity involved. The chapter includes a long list of mandatory criteria for all planned unit developments along with ^ ,et of criteria for special cases, such as commercial PUD/s in residential areas. Chapter 62', administration, permits and' fees, is being revised to create a more in- tegrated program, including the building inspection division activities and programs. Di- rector Epp|c noted that under these revisions, no building permit will be issued until the final plans are approved; and no occupancy permit will be issued until certification that all on-site improvements have been made. These revisions also include specific reference to policies pertaining to fee schedules and enforcement policies. Commissioner Knapp asked if this update project is on schedule to meet the ex- piration of the interim zoning ordinance. Planning Director Epp|e responded it is not. He then distributed to the Commission e proposed timeline for adoption of the final zone code, briefly reviewing the dates set forth therein. He noted that the interim zoning ordinance expires on August lz; and to have the new zone code in place would require its final adoption by July o. He stated that he is not prepared to distribute the final draft of the new cud* until June */ thcre- fnra a[[ steps would have to be taken in only one month's time. The Planning Director stated that under the new proposed timeline, the Commission would be asked to extend the interim zoning ordinance for n second time, which is allowed under Section 7*-2-306(3), Montana Code Annotated. After that process has been complet- ed, the Commission could then review the final zone cod= document, which would be dis- tributed for the June zu meeting. The Director noted that the next month would them be devoted to a public education prngram, under which the development community and the general public would be invited to various functions and activities at which the elements of the new code would be discussed. He also noted that during that same period' he would be providing the necessary information to the Planning Board to help them become tym/||ar with the document. Planning Director Epp|* stated that after those informational meetings have been completed, the Planning Board would conduct its public hearing on this proposed zone code/ and the Commission would then conduct its public hearing. He noted that if the subject timeline is followed, the new code would be effective an September 20 1991. The Planning Director then indicated that he wi/[ submit this proposed timeline to the Planning Board at its meeting tomorrow night, to determine their response. ns-uo-y1 - ln - on the new code before the public hearings. She suggested the public relations aspect must be carefully considered during the finalization of this code, with the community and developers being given an opportunity to discuss the contents of the documents and get their questions answered. Planning Director Epp|m noted that millions of dollars worth of projects have been permitted under the interim zoning ordinance, which assures there is no moratorium on de- velopment in the community. Commissioner Goehrumg noted he is sensitive to the criticisms that the Commission previously received, when the documents were available on Friday for a public hearing on Monday, He then stated that be would prefer to err on the side of thoughtful consid- eration and debate rather than pushing the final code through the process. He thou noted that people plan well in advance of the building season/ therefore, even earlier adoption of this code will not affect this summer's projects. Mayor Hawks noted that the new code will provide a more streamlined and stan- dardized process, which should create a relief in the staff's workload. Commissioner Goehruug noted the kinds of revisions which the Commission heard earlier in this agenda item, noting there are as many or more revision, in other sections of the code which have not yet been discussed. He then stated that he wants ample review time, even though he has read the interim zoning ordinance and is aware of the proposed revisions. City Manager Wysocki reminded the Commission that if the new zone code is not ready for implementation by August 12 they must consider extension of the interim zoning ordinance so the City is not without e zoning ordinance for a few weeks. Mayor Hawks expressed concern that the City is presently operating with two dif- ferent zone codes, one within the city limits and one mile beyond and another for the area from one to three miles outside city limits. He also indicated a desire to move forward quickly to avoid as much of the bad reputation that this type of process often carries as possible, Planning Director Epp|o then stated that in Sunday's newspaper, he rum a large display ad announcing that building permits are required and reminding people that fees will be doubled if the permits are not received prior to starting a project. He noted that the advertisement will be run for two weeks, and then distributed to the home builders and rra/tors. He also indicated that he will be making presentations to interested groups. The Director stated that those steps are being taken to inform people that the planning and building inspection processes are working more closely together, and that all people will be required to obtain the necessary permits when undertaking a construction project. Mayor Hawks asked if anything other than an internal policy change is necessary to os-nn-y1 -71- require posting of building permits on site. Na noted that notifies others in the neighbor- hood when o construction project is being undertaken. Planning Director Epp|c stated that can be accommodated through the administrative pol icy, He then noted that the Building Official has implemented a policy that an approved set of plans must be maintained at the project site. The Planning Director then stated that, beginning next month, the monthly Building Inspection Division reports will carry additional data' as requested by the Commission. Mayor Hawks requested that the timeline for adoption of the new zone cnuc be placed an next week's agenda for further discussion. Discussion - rezoning of R-3 to R 3A for historic districts The City Manager reminded the Commission that this Item was requested by Commis- sioner Frost. Commissioner Frost noted that the Commission beard from the residents along South Tracy Avenue and South Black uv=^uu that they wish to retain the character and fabric of their historic districts and that the R-a zone does not meet that need. He noted that the ` same problem exists along Lindley r|ao*/ and those contacted have indicated a desire to have their street upwnznned as well. Commissioner Frost then stated he feels the Commission should approve that dnwnznn|mg for those areas when the new zone code is adopted. He also suggested that the Historic Preservation Officer be asked to review all other historic districts to determine whether clwwnzoo|nQ should be considered for those areas as wm|| to ensure that their fabric is maintained. He noted that the H/mu/r<c Preservation Officer should also take into careful consideration the three historical homes located in the hF7 zone in the northeast sector of the community, and how they can be protected. He requested that n report be submitted hack to the Commission, as soon as possible, so that others in historic neighbor- hoods are not required to appear before the Commission to protect their areas from incom- patible development which may be allowed under the existing zoning designations. Responding to Commissioner Swanson, Commissioner Frost noted that the Commission has the authority to initiate x zone mop chamge. He stated that if the City Initiates the proposed change, then: the residents are not required to pay the application fee. Responding to the Mayor City Attorney Becher stated that the process for imple- menting a zone change is the same no matter whether the City or the residents submit the application. He then noted that an advantage to having the neighborhood initiate the ap- plication is that the City then knows what type of support it can anticipate for the proposed dn=nzoning. The City Attorney then stated that at this time he foresees no le- gal problem with this type of uownzouims. - o- Maypr Hawks asked that this request for possible dnwnznn(ng be forwarded to the Historic Preservation Officer for review and a response to be mad* as quickly as possible. Discussion haU offered by Sweet Pea City Manager Wysocki reminded the Commission that this item was requested by Mayor Hawks. Mayor Hawks stated he has spent a substantial amount or time during the past few weeks trying to create a proposed framework within which to respond to the challenge grant offered by Sweet Pea for purchase of that portion of the railroad right-of-way in CMC ownership which is generally considered a part of Lindley Park. He stated that he feels that a sub-committee including two Commissioners, should be formed to serve as the central clearing house for this project, noting that he does not intend this process to efim- inata the Recreation and Parks Advisory Board and its advice. Commissioner Swanson suggested that the sub-committee also include someone from the performing arts center, someone from the Recreation and Parks Advisory Board arid possibly someone from Sweet Pea. ~�~~�� ^�~��.^� '- =��s. Darla Joyuer� z =�rcutivc Director of the Bozeman Area Chamber of Comm erc* noted that the performing arts center committee will be making its decision on the CMC property at their next meeting. Mayor Hawks asked for volunteers; Commissioner Frost and Commissioner Knapp stated their willingness to serve. Discussion - information sheet re 1991 RASH Legisla P rogram The City Manager noted that included in the Commissioners' packets was a fact sheet on the 1991 CRASH legislative program, as prepared by the Citizens for Reliable and Safe Highways, along with a copy of that portion of the TCC meeting minutes pertaining to their discussion of this item. He noted that this proposed legislation is at the federal lev- el. trail- ers or throe 28-foot trailers at the present time. He stated that the people involved in the CRASH program do not feel that triple trailers or long doubles are safe and are ask/n8 people to lobby against allowing such rigs on the road. He then noted that the TCC saw a video regarding this issue, after which they voted to encourage the governing bodies to carefully consider the information forwarded and take the appropriate action. Mayor Hawks noted that the issue of multiple trailers has been discussed for several years. He stated that at this time, however, it appears that this type of requirement may be attached to the national transportation h[||. Be then stated that the video was very o3-0G-9l - 1» - convincing in some ways; however, the TCC had little time to spend on the subject once the video was completed. He stated that the County Commission is prepared to adopt a resolution which parallels the recommendation of the CRASH program. The Mayor stated that one of the arguments is safety versus economics. He noted, however, that this b would put all companies on the same footing economically, Mayor Hawks stated that the video indicates that as two or three trailers are added to a truck they can in fact create o "crack the whip" effect; and such side motion can do major damage JV the roadway. He noted that the video also showed a back trailer whip- ping back and forth until it hit a guard rail and overturned. The Mayor noted that the timeline is short enough that the Commission must take its position in the near future. Commissioner Knapp stated she is uncomfortable with, this request for support of this program. She also questioned the impact that it might have on the City, since there are no federal highways within the community. Commissioner Frost stated support for the CRASH program. Commissioner Swanson noted that with so many people closely associated with the highway program supporting the program, the Commission should possibly do so as well. He then suggested the possibility of viewing the video tape before making a final decision on this issue. City Manager Wysocki indicated he will contact Mr. Bullock and attempt to get the video tape sent in time for next week's meeting. Discussion setting of goals for Fiscal Year 1991-92 City Manager Wysocki submitted to the Commission a summary of the goals for Fiscal Year 19e1-92, with asterisks reflecting the highest priority goals. He noted that this com- pilation was developed as a result of the work session which the Commission conducted on Wednesday evening. Commissioner Frost noted that the Commission had acknowledged during that work session that many of the goals on this list are on-going at this time. Commissioner Knapp noted that the language on No. 7 should be changed to read "Integrate bike traffic into the transportation system." Commissioner Swanson stated an interest in including a goal to "Create an office of environmental management to safeguard the environment." He noted that this goal, al- though it would probably not receive enough support to be in the top priority listing, would enhance the public health and safety. He asked that this 9na/ he added as Nn. 19 under "Goals to safeguard the environment '., water, air' waste disposal, recycling, beautification and v/owsbed.° os-oo-9l -1v- Commissioner Frost emphasized Nos. 1 z and 20 noting that they are on-going projects that should also, be recognized as high priority. City Manager Wysocki noted that in essence, the staff has ro goals on which to work this year. Responding to Commissioner Swanson, Commissioner Frost noted tha/, with so many irons in the fire, the City should not take an active role in initiating a neighborhood parking district around the campus. He then stated that he feels the wording of the goal is appropriate as written. Authorize C A greement The City Manager reminded the Commission that Mayor Hawks had requested this item be removed from the Consent Items for discussion. He then noted that the Commis- sioners had received a recommended addition to the agreement just prior to the Commission meeting. He noted that this addition specifically stipulates that where significant ob- structions exist in, the normal sidewalk alignment, an alternative alignment will be sought. Mayor Hawks stated when reading through this agreement, he had noted with con- cern that no reference to sidewalk alignment had been included in the document; and he was afraid that the engineer might demand that the standard alignment be followed. He Then stated support for the proposed additional language, noting he feels that it specifical- ly indicates to the engineer that alternative alignments will be considarod. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung that the Commission authorize and direct the City Manager to sign the Agreement for Engineer- ing Services with Morrison-maier|a/CSSA for the 19e1 Sidewalk Program, as amended by the May o staff memo. The motion carried by the following Ayr and No vote' those vut- img Aye being Commissioner Knapp, Commissioner Goehru^g' Commissioner Frost Commis- sioner Swanson and Mayor Hawks; those voting No none. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (r) Note of thanks from the chamber of Commerce for support and participation in the Clean Up Bozeman campaign. (z) Agenda and packet for the Board of Adjustment meeting to be held at 1:30 p.m. on Thursday' May e, in the Commission Room. (») Agenda and packet for the City-County Planning Board meeting to be hem at os-no-y1 - 1s - 7:00 p.m. on Tuesday, May 7 in the Commission Room. (4) Minutes from the April ls and April zy meetings of the BABA8 along with their budget requests for the upcoming fiscal year, (s) Copies of articles regarding bicycling and composting, as submitted by Com- missioner Knapp. (6) The City Manager introduced Mr. Al Knauuer, new reporter for the Bozeman Daily Chronicle, who will he ovvmr/og City activities. (7) The City Manager showed the Commissioners o number of photographs of the boulevard tree which was recently removed at the corner o,f South 6th Avenue and West Story Street. He noted that the wind was beginning to blow when the tree was removed, since there was concern about one of the large branches; and a storm warning had been issued. He stated that nmcc the crews began to trim that branch, it was determined that the entire tree was in jeopardy, (o) The City Manager distributed to the Commission some written information - submitted by Joe Billion, noting that he will be referring to this in his presemtinn this evening. (9) The City Manager submitted his weekly report, as follows. (l) Budget re- views continued this past week. (z) The first negotiation session has been ue|u with three of the bargaining groups. (3) Staff is preparing a fact sheet for the non- supervisory personnel. (4) Attended the Knights of Cv/mmhvs luncheon, where they do- nated over $1 to the food bank. (5) Swore in the newest police officer, warty Kent, on Friday, (6) Met with the task force on East Gallatin Recreation Area in preparation for this upcoming summer, noting that the City's contribution will probably be in an amount up to $5.000. He noted that the State will also be making its contribution; and the County is considering what it can contribute, and whether in funds and/or services. (7) The highway projects committee met on Wednesday morning; and the TCC met Wednesday afternoon. (o) The Commission held its goal setting meeting on Wednesday night. (B) The finalized figures for garbage rates was accomplished last week, in preparation for to- day's meeting. (10) Announced that today is City Attorney 8ecker's birthday. (lo) The City Manager noted that throe responses were received to the RFQ for a solid waste education program. He stated the committee includes one Commissioner and asked if Commissioner �Gvchruug is to serve in that capacity. Commissioner Goehrung' after briefly reviewing the proposals received, indicated he would serve. (71) Responding to Commissioner Frost Commissioner Knapp confirmed that the BPW meeting at noon on Thursday will include a discussion on solid waste disposal. She then indicated that she will make reservations for all Commissioners interested in attend- -7o- C 1 2) Commissioner Knapp noted the precycling effort which is being pursued in conjunction with the new volume-based rate system for garbage collection fees. She stated her concern about the large amount of third class mail which people may receive and how to avoid that problem, indicating that she went to the Post Office to determine how it can be remedied. She noted that to remove one's name from the third class mailing list, a let- ter to Mail Preferred Service, P.C. Box 3867 New York' New York 10163 should suffice. (13) Commissioner Swanson, submitted the following, (1) The committee reviewing the Perkins Place issue has received the results of the survey which was recently complet- ed, and are nearly ready to prepare their Ouai recommendations, (z) The diaper line committee's work is nearing completion; and he will be submitting a report to the Commis- sion in the near future. (14) Mayor Hawks submitted the following. (1) Gave a welcome to the Knights of Columbus on Friday morning. (2) Attended the TCC meeting on Wednesday afternoon, noting that an update on the status of all projects is *v—be­aMaganua (15) City Attorney Becker submitted the following. (1) The brief has been filed in the City's case against the County regarding regulation of subdivisions. He noted that Gallatin County has one month in which to respond; the Court will receive the case around mid-June; and he anticipates a decision approximately vs day, thereafter. (2) Aybnsto's abatement efforts on Front Street are scheduled to begin the last week of this month, Com- merce, stated she attended the Highway Commission meeting in Helena. She noted they are continuing to expand the number of rest areas in the State' concentrating on primary r",u systems now rather than the interstate. She also noted that they are encouraging communities to incorporate some of their parks into the rest area prog City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Municipal Clerks' Week" Authorize staff to negotiate with specified firms for Phases I and 11 of the Bozeman Area Transportation Plan Update, per TCC recommendations Request for extension of sewer service outside cit� �fimits- Anderson Supply Company, 5851 Baxter Lane Ratify City Lhorization for submittal of application for grant to support historic preservation activities for Fiscal 7ear 1991-92 Authorize City Manager to sign - Water Pipeline Easement and T'g located in LeClairs Rearrangement - Ken LeClair (at Highwood Estates Award bid -' two 1991 hydrostatic mowers with decks for the Parks/Cemetery net o/m F riday, Application for temporary beer license - MSIJ Accounting Club - 10 - Lindley Park Center ny-os-y1 -/7- Deviations from front yard and side yard setbacks in R IA distri located in the Cooper Park Preservation District - Jeff - Aldworth, 709 South 6th Avenue; per DRB recommendations Deviations from Section 18.50.050.F.2. of the interim zoning ordinance in the Cooper Park Preservation District - Lance Johnson, 409 South 5th Avenue Authorize Lise of annual leave Clerk of the Commission Sullivan Ma 10-20, 1991 and June 3, 1991, appoint Phyllis Woods as Acting Clerk of the Commission Building Inspection Division report for April 1991 it was moved by Commissioner Coehrung seconded by Commissioner Frost, that the Commission approve the Consent Items as fisted and authorize and direct the appropriate persons to memp|ems the necessary actions. The motion carried by the following Aye and No vote. those voting Aye being Commissioner Gnehrung Commissioner Frost Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Recess 5:50 Mayor Hawks declared a recess at 5:50 p.m.' to reconvene at r:an p.m. for the purpose of conducting the scheduled public hearing. Reconvene 7:00 Mayor Hawks reconvened the meeting for the purpose of conducting the scheduled public hearing. Public hearing variances from Sections 18.50.120.K., /n so 1oo and 18.50.120.B.10. - J.C. Billion, Inc. - Lot 2 ot the Amended Subdivision Plat of Lots 2 and 4, Rearrangement of a portion of Block 8, West Park Manor, First Addition (1919 West Main �Street) This was the time and the place set for the public hearing on variances from Sections 18,50.120.K.' to allow the applicant to pave and park in the required front yard setback on North zotx Avenue; 18.50.100 to waive the landscape requirements in said set- back, and 18.50.120^8.1o to waive the requirement for perimeter concrete curb around an entire parking |vt. These variances are requested by J.C. Billion, Inc. for Lot z of the Amended Subdivision Plat of Lots 2 and 4 Rearrangement of a portion of Block a of West Park Manor, First Addition. The subject site is more commonly located at 1919 West Wain Street. Mayor Hawks opened the public hearing. Assistant Planner Debbie Arkn/| presented the staff report. She reminded the Com- mission that this hearing is on multiple variances; and four affirmative votes are required for approval. Planner xrxe|| stated that the applicant recently paved a portion of the property which abuts North 20tx Avcnue, without any review by City ymfT' for the purpose of auto storage/ display. She noted that a portion of the North 20th Avenue right-of-way was 0S-oo-9l -1o_ paved as well as a majority of the required front yard setback. The Planner then reminded the Commission that Mr. Billion had previously applied for these variances, however, just prior to the public hearing scheduled for March 4 he withdrew that application, based on the negative staff recommendation, with a mtau,o inten- tion to resubmit an application for deviations. She noted that during its acknowledgement of the letter of withdrawal of the initial appflca|/nn the Commission voted to require that Mr. Billion submit a new application, including a site plan for the entire o/to not later than April 3. She noted that this new application does not include a comprehensive site plan, based on advice from s,tnfT. She stated that the design objective plans for the entryway overlay district have not yet been established, however, a consultant has been selected and it is anticipated that such plans ob*u|d be available in the near future. She noted that, rather than considering the entire site now, staff felt it would be more appropriate to defer that review until after the design objective plans for the entire corri- dor have been established. Planner Arhe|| stated that in his rosubm/ue| Mr. Billion included information that a variance had been received in September 1973 which allowed off-street parking in the front yard setbacks in 8|ochu 7 and o of the West Park Manor Addition. She stated that staff review or this information, the minutes from the Board of Adjustment meeting and the letters surrounding the request revealed that the variance was from the West Main Street setback along properties lying west of the Robert F. Dye property' which are now a va- cant |*t and the sites developed as Western Federal Savings, Ready Lubc and Qbyons. She noted that a 40-foot local access strip along the north side of West Main Street was dedicated in that area; however, the Highway Department indicated that it had no intention of developing that roadway, and that is the basis upon which the Board of Adjustment granted the variances. The Planner stated that if these variances are approved, the result will be a park- ing lot which would provide no front yard setback for approximately 378 feet along North 20th Avenue and, therefore, no landscaping for that distance; would provide only grass and large canopy trees along North! 20th Avenue deleting the requirement for large , shrubs or small trees in addition to the grass and large canopy trees; would provide no interior landscaping; and would have no curbing anoomu the perimeter. She noted that, oven if these variances are granted, the applicant would he required to remove a To-font by 87-fo^t strip of asphalt from the worth 20th Avenue right-or-way. She then noted that the applicant proposes to plant grass and eight trees within the public right-of-way o|m`g this frontage. Planner Arka|| stated that staff has received a letter or support for this application from Western Federal Savings and a letter of opposition from Mr. Cary Vvuehna| who cited o5-ou-gl - m - coucerns about the lack of adequate spare for a future sidewalk and the lack of landscape »craoo/ny. She them submitted to the Commission a petition of opposition containing 17 signatures of residents in the soo qoo and 500 blocks of North 20th Avenue, which was received today. The Planner stated that staff reviewed this application in light of the criteria set forth in Section 18,56.060 of the Bozeman Municipal Code as well as the criteria set forth by the Montana Supreme Court for review of requests for variances. She indicated that the proposed variances would be inconsistent with the intent and purpose of both the in- terim zoning ordinance and master plan, particularly as they relate to entryway overlay curridors. She a�lso noted that staff was unable to determine any unnecessary hardship which meeting the requirements of the code would place upon the subject property' partic- ularly since only ,208 acres of the entire 2.746-acre parcel are impacted by front yard setback requirements. She also suggested that these variances could have an adverse ef- fect on abutting propmrbes. She noted that without perimeter curbing cars could en- croach into the public right-of-way; and that could create a potential safety hazaru, She also noted that the storm water run-off would not be retained on site but would typically move toward North 20tM Avenue. The Planner than stated therefore based on the above revie*, staff would suggest that the application does not meet the review criteria estab- lished. Planner Arkd| them stated that the Design Review Board reviewed the original vari- ance request and indicated they would have no problem with the asphalt encroaching into the front yard setback if a low-maintenance hedge, a minimum of three feet tall, were planted along the North 20th Avenue property Qno and if a landscape plan was prepared by a landscape architect or a Montana nurseryman. She noted that type of hedge has not been included in this rcsvbnitta/ application, rather the applicant has proposed grass and large canopy trees. Responding to Commissioner Frost, the Planner indicated that the additional paving was done in June or July 1990 without any type of rewew. Responding to Mayor Hawks Planner Arke|| stated that the subject lot is a large mmm which fronts on North ,nth Avenue and extends to North 20th Avenue; therefore, the entire lot is subject to the requirements for the entryway overlay district. Mayor Hawks expressed ronqarn that the staff determined a mw/or site plan would 61 not be necessary at this time; bowever, there is se mechanism within this process that would trigger a full-blown review after the design objective plans have been completed. Planner 8rke|] concurred, no�ting that site plan reviews are required for all devel- opment proposals, including surface parking; however, there is no requirement attached to this request which would automatically bring the site plan back for review. -2o- Mr. Joe Billion, owner of J.C. BiUkm Inc., submitted to the Commission a petition containing 76 signatures in support of these requested variances. He then stated that he is concerned about how his property impacts those residents along North 20th Avenue, as well as the visual appearance or his property from Kirk Park and the Town and Country Warehouse Grocers, Mr. Billion stated that he did not intentionally blacktop the s,ubject area without seeking the appropriate reviews, rather it was an oversight on his part. He also noted that he viewed the existing paving in that area including on his own lot, and simply matched his Wocktopping project to it. Mr. Billion then reviewed the chronological information which had been included in the packet. He noted that in June 1988 the storage area which contained a substantial amount of unsightly material, was made smaller; and slats were installed in the chain link fence to screen what rcmained. He noted that in 198e he worked on a land trade that would o|ymv that storage area to be moved to an interior location on the lot; and in May 1990 he proceeded to complete the b|aok,opping project that is now in question in prep- aration for the storage area relocation. Mr. Hi[|(vo then stated his support for the City's new Master Plan and the interim zoning ordinance, noting be feels that they are good documents. He also noted that he is sensitive to the North 19th Avenue entryway corridor and the importance of providing nice, attractive development along that cnrridor. He stated it is also his desire to main- tain his property and ensure that it is an asset within the corridor. Mr. Billion stated that at the present time, his Auto Plaza project on U.S. 191 is running over budget, thus placing him in financial strain. He stated that he is wi8ing to undergo a full site plan review on this property at the corner of West Main Street and North 19th Avenue; hm°over, he requested that such e review not be required for three years, thus giving him an opportunity to recover from the current situation. Mr. Joe BD/ion them reviewed the information which the City Manager had distri- buted for bhn earlier in the meeti"g. He noted that on September 11 1973 the City sent a fetter to Western Genera/ Enterprises stating that the Board of Adjustment had approved a variance to allow off-street parking in the 25-foot front yard setback area in Blocks r and V of the West Park Manor Addition. He stated that' on that basis he feels that the subject site already has the necessary variances- He noted, however, tuat he was °||;inA to proceed with this application because he (edy that with compromises, these requested variances can provide an even more attractive project than working under the previously approved variances would have provided. He noted that if the variance granted applies to the West Main Street frontage only, then Western Federal Savings is in violation on the North 20th Avenue side also, sonwms the Commission pictures be had taken of that site. os-o«-y1 - 21 - Mr. Billion stated that an additional To feet of right-of-way was dedicated for North 20th Avenue at the southern end of the subject parcel because a four-/anc roadway was contemplated at its intersection with West Main Street, Mr. Billion then reviewed the staff report for these requested variances, stated that he feels this application meets all of the criteria set forth in the code. He then noted that he would be required to plant trees only along the subject parcel under the code re- quirements; however, he has proposed to plant trees along the full length of his property, strategically placing those trees so they complement the trees in Kirk Park and create an attractive tree-lined street. He also noted that these requested variances will reduce pressure on the parking along the remainder of that portion of his property; and relocat- ing the trash area to the interior of the lot also adds to enhancement of the site. Mr. Billion stated that he talked to Mrs. Peggy Gould, one of the area residents concerned about this application; and she expressed concern about safety issues. He not- ed she indicated that she would prefer that those trees not be p|anted, but that the boulevard area be kept open so that children can be readily ,ern. Mr. Billion then stated that he did not /nduu* a low hedge in his plan, as recom- mended by the Design Review Board because it is located in p snow removal area/ and he felt that it would likely die because or that sitvation. He also indicated that he does not want to use landscape rock in that area, particularly because of the vandalism potential with having cars displayed along the landscape strip. He stated, therefore he has proposed the canopy trees instead, which will make it easier to see anyone approaching the street and create the desired landscaped appearance. Mr. Billion then returned to the safety issues in that area. He suggested that with the park located immediately across the street it might he appropriate to prohibit on-street parking. Mr. Joe Billion stated he would be willing to sign a waiver for installation of side- walks or to install sidewalks when they are required in that area; however he does not wish to install them at this time. Mr. Billion then reiterated his request that a major site plan review not be under- taken for three years, noting that he would be willing to accept as a condition of approval the automatic triggering of that process in three years. He noted that in that length of time, the North 19th Avenue project should be basically completed; and any improvements made on his lot can complement the improvements made or contemplated for that immediate area. Mr. oi||/*n then stated his disagreement with the staff's assessment that strict com- pliance with the ordinance would create unnecessary hardship or an unreasonable situation because of the shape of the property. He noted that this parcel was difficult to sell orig- - 22 - inaUy because of its shape; and compliance with the 25-foot setbacks from all three road- ways reduces the amount of space in which cars can he parked by so percent. He noted that displaying of vehicles for sale is extremely important; and to reduce the available area by that much would create a definite hardship on his business. He further noted that other businesses in the immediate area are not required to observe the 25-foot setback; and he does not feel he should be required to do so either. Mr. Billion then showed the Commission, a photograph of the site taken in 1983 when North 79th Avenue was being constructed. He noted that the photograph shows the blocktopp*d areas with which he aligned his new pavement. He then reiterated his posi- tion that the variances have already been granted noting his willingness to continue with this application in an effort to create an even more attractive site, He noted that he could have torn out the blacktop which encroaches into the right-of-way at a cost of approximately $Sno; however, he has chosen to work with the City' at an estimated cost of $4 He also indicated that rather than spending money to prove that the requested variances d* exist he would prefer to spend the money on landscaping and improving the appearance of his site. Responding to Mayor Hawks Mr' Billion stated that a 25-foot setback along North 20th Avenue would create a real economic hardship. Commissioner Swanson noted that in the staff report, the issue of perimeter curbing 1n contain storm water run-off on-site is discussed; however, the applicant has made no response to that issue. Mr. Billion stated that the natural drainage from this site is to North 20th Avenue. He stated they have no place on site to retain any storm water run-off; therefore, it is important to maintain that natural run-off capability. Responding to Commissioner Frost Mr. Billion stated that the bases of the QN signs o|nog West Main Street are located approximately 21 feet behind his property line. He stated he does not know where the blacktop is in relation to that property |in*. Responding to Commissioner Swanson, Mr, Billion indicated he does not want to in- stall perimeter curbing at this time. He stated that when the sidewalk is installed, there may be valid safety reasons for requiring curbing along the sidewalk; however, until that dmc' he does not frci there is any need for such a requirement. Responding to Commissioner Frost the City Attorney stated he most review the zone code which was in effect in 1973 to determine what is to be construed as a front yard. Responding to Commissioner Swanson, Planner Arke|| reviewed the staff rationale in determining that the 7973 variance applies to the West Main Street setback only, She then highlighted the timeline for development of the site immediately to the west, noting that ns-oe-ol -z3- the footing and foundation permit was acquired by Western Federal savings immediately after this variance was granted and shows the structure being located an feet from both the West Main Street and North zot» Avenue rlghts-af-way. She noted, however, that when the building permit was acquired almost exactly one year later, the footprint was dif- ferent. She noted, however, that it does not encroach upon the setback requirements from either of the roadways. Planner Arke|| then reminded the Commission that while a 25-foot setback is required from the street for structural purposes, cars may be parked ten feet from the property Ooo. Mr. Tom Haggerty, 1201 Highland Boulevard, noted he was one of four original owners of the 79-acre parcel generally bounded by West Main Street and Durston Road and lying west of North 19th Avenue. He briefly highlighted the development p[the emtirear- ma noting that this specific penre| was difficult to av|| because of its shape. He noted that during the processes of annexation and subdivision, the City made several requests for additional parkland and right-of-way dedications, with which the property owners com- plied; and he feels the development of the area has been an asset to the community. Mr. Haggerty then stated support for Mr. Billion's request and encouraged Commission ap- proval. Mrs. Peggy Gould, 323 North 20th Avenue, stated she has lived at that address since January 1 1968; and she was present at the Board of Adjustment meeting in 1973 when the variance was granted. She then noted that the Manager or Western Federal Sav- ings has written a letter of support for this proposal, however, he is at that location from o,00 a.m. to 5-00 p.m- five days a week rather than 24 hours a day r clays a week like the residents are. She also questioned how many of those signing the petition of support reside in that immediate area. Mrs. Gould asked the Commission to ensure that the public interest is served when taking action on this request, noting that sxpw|d include both pedestrians and drivers. She noted that the required setbacks and landscaping help to ensure that the public inter- est and public safety needs are met an well as ensuring that the project is aesthetically pleasing. She then noted that Kirk park is heavily used during the summer; and the trees and vehicles parked along the street can hid* children, who often dash between the oars and into the street. She expressed concern that the variance to the setback require- ments coupled with trees planted along the boulevard could generate the same problem on the other side of the street as *e||, Mrs. Gould stated that while the improved North 19th Avenue has absorbed some of the heavy traffic load that was on North 20th Avenue for years, old habits die slowly and many people still use it as a through street. She also untou that the curve in North - 24 - 28th Avenue, as it goes along Kirk Park, has a negative impact on visibility in that imme- diate area. She then encouraged Commission ueniw| of this request. Mr. Art She||enbarg my North 20th Avenue, stated he has lived at that address for fifteen years. He then stated appreciation for Mr. Billion's desire to improve the sub- ject site and improve the appearance of this entryway corridor. He noted that Mr. Billion has indicated he feels that requiring that the setbacks from the three bordering streets is unfair; however, he noted that setbacks are necessary and can he utilized to enhance the property as well as the business. Mr. She|(enbrrB further noted that having streets on three sides is an asset to the property; and Mr. Billion should be willing to observe the setback requirements and use those requirements to create an attractive site. Mrs. Vooda Laird 414 North 20th Avenue, stated she has lived there for eight ymers. She noted that she is the mother of two boys and is a business owner in Bozeman. She then submitted to the Commission a copy of the information which was gathered during a speed study along that street in 7989 noting it reflects not only the high speed at which vehicle travel but the volume as wc/|. She noted that study was conducted as w re- sult of her request for installation of four-way stop signs at the intersection of West Beall Street and North 20d` Avenue, since it would break up the long strip of unbroken street and thus reduce speeds in this residential arum. She stated that the Director of Public Service denied her request for four-way stop signs; however ls mile-per-hour speed limit signs were pvsu:u along Kirk Park. Mrs. La/rd then stated concern that therm are no s/dmm"|ko along North 20th Ave- nue from West Maim Street to West Beall Street; therefore people are required to walk along this buoy street. She suggested that requiring the installation of sidewalks, with all landscaping being located in the required setback area behind the sidewalk, could help to dramatically reduce the accident potential in that area Mr. Darrel B*hrant, 208 Lindley Place, noted that one of the Commissioners' highest priority goals is to enforce existing ordinances and to ensure the quality of life and safety. as well as to correct previous failures to adequately plan for the future. He noted that many recent decisions reflect commitment to those goals, even if it means litigation. He then suggested that approval of this application could create a safety problem, espec- ially if a driver's attention is "diverted from what he is driving to what he wants to drive" as a child runs into the street from Kirk Park. He also noted that the City's zoning regulations should be applied uniform/y, not just to those firms with less financial clout. Mr. 8ehrent also noted that in the past, when reviewing other /and use applica- tions, Commissioners have expressed concern about the "sea of asphalt" that would be cre- ated; and approval of these variances would only magnify that problem at this location. Mr. 8~hranz then encouraged the Commission to reject the requested variances and -z5- show the citizens that the regulations are to be enforced uniformly and objectively throughout the community. Mr. Joe Billion stated he is also concerned about the safety issue, which several people have raised, He noted that he feels that eliminating the on-street parking could decrease the danger level in that area considerably. Mayor Hawks closed the public hearing. The Mayor then noted that the Commission has received some new information dur- ing this public hearing, to which he would like the City Attorney to respond after re- Commissioner Frost noted that the Commission must make its decision based on the criteria which are set forth by the City's omJe as well as the Montana Supreme Court/ and those do not provide room for compromises. Commissioner Swanson drew the Commissioners' attention to Assistant City Engineer Brawner's concerns about storm water run-off from the site, noting that one of the appli- cant's requested variances is from the perimeter curbing requirement. Commissioner Knapp suggested that Park Superintendent McNeil, or someone else in the City's structure who is closely involved with the parks, should be allowed an opportunity to respond, particularly since Kirk Park is located immediately across the street. A decision on this application will be forthcoming in one week. Adjournment 8:45 p.m. There bring no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. o5-Oh-yz