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HomeMy WebLinkAbout2003-09-02 Minutes, City Commission ... .-"..--.----- ------- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA Tuesday, September 2, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, September 2,2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. 2000. and June 10. Julv 14. Auaust 11. Auaust 18 and August 25.2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of August 18, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. I:: Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11 and August 25, 2003 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaaer to sian - Acceptance of Public Street and Utilitv Easement - Gallatin Center Limited Partnership - 90-foot-wide easement across Lot 3. Minor Subdivision No. 210 (for Cattail Street between North 19th Avenue and North 27th Avenue) Authorize City Manaaer to sian - Acceptance of Right-of-Wav Aareement from William F. Buck. Sr.. for Parcel No. 1-1 for West Babcock Street proiect (2.5 feet bv 135.6 feet) (101 Wilda Lane): Acceptance of Warranty Deed for same Approval of Depositorv Bonds and Pledaed Securities as of June 30. 2003. as reviewed bv Commissioner Brown and Commissioner Cetraro Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3615 - declaring allegiance to civil liberties as guaranteed in the Bill of Riahts. the United States Constitution and the Montana Constitution and opposition to the Patriot Act Included in the Commissioners' packets was a copy of Commission Resolution No. 3615, entitled: 09-02-03 - -------- ------- -------- - 2 - COMMISSION RESOLUTION NO. 3615 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS ALLEGIANCE TO CIVIL LIBERTIES AS GUARANTEED IN THE BILL OF RIGHTS, THE UNITED STATES CONSTITUTION, AND THE MONTANA CONSTITUTION AND ITS OPPOSITION TO THE PATRIOT ACT. Mayor Kirchhoff began this agenda item by reading Commission Resolution No. 3615 into the record. In light of the number of people present, he then limited testimony to two minutes per speaker rather than the typical three minutes per speaker. Mr. Bob Nichol, 1615 South Black Avenue, noted that the Patriot Act is a 342-page piece of legislation that was prepared in less than six weeks and enacted in just three days. He noted that a lot of constitutional problems and questions have arisen since its enactment, and in the last six months there has been a firestorm of protests. As of today, 155 cities from 26 states, representing 19 million people, have adopted resolutions against the act, including Beaverhead County, the City of Dillon, and the City of Missoula in Montana. He characterized the Patriot Act as radical and effectively repealing portions of the Bill of Rights and encouraged the Commission to adopt this resolution. Ms. Della Stauber noted she was librarian in the Bozeman public schools for seventeen years. She expressed concern that the act allows for obtaining library records on what people read, with a gag order that prohibits librarians from telling patrons they are being investigated. She stated it is the responsibility of those who desire to be informed to ensure the opportunity is not lost and urged the Commission to adopt this resolution. Mr. Kelly Wood, 101 Gibson Drive, characterized this resolution as a "self-congratulatory measure of joining other liberal communities" while, in reality, the Patriot Act takes very positive measures in solving problems. He noted that he wants to know if someone is reading a manual on how to construct a bomb, and the act allows for tracking of such activity. He concluded by encouraging the Commission to not adopt the resolution. Mr. Richard Gillette, 1122 South 5th Avenue, spoke on the background of the act and encouraged the Commissioners to adopt this resolution. He also referred the Commission to the ACLU website, which provides a report on each of the items included in the act. Mr. Harry Kirschenbaum, 141 Chouteau Avenue, noted that America is at war and is being invaded by groups of determined extremists bent on destroying our way of life. He indicated that the Patriot Act provides for protecting lives and property and, to that end, all good Americans should expect to make some sacrifices. He stated that he has faith in the checks and balances of government, noting that if government had had the power to look into people's lives, September 11 may never have occurred. He stressed that no steps should be taken to dilute the effort that seeks to avoid another tragedy and encouraged the Commission to not adopt this resolution. Ms. Marilyn Hendry, 24 O'Connell Drive, noted the war on terrorism has whipped up a dangerous hysteria. She spoke in support of the Patriot Act and against adoption of this resolution, stating that if these measures had been in effect, September 11 would not have happened. Mr. Clinton Cain, 2551 Magenta Road, stated the Patriot Act guts the Bill of Rights and he views it as the next thing to Communism. He characterized the number of people in attendance at this meeting as a wonderful show of patriotism. Mr. Brian Close, 406 East Olive Street, spoke in support of the resolution, noting he is concerned about the Patriot Act II being considered and feels it is important to consider and protect civil liberties. Mr. John Thiede, 2506 Westridge Drive, stated he does not feel this is the business of the City Commission and encouraged the Commissioners to not adopt this resolution. Ms. Kay Campeau, 419 South Grand Avenue, noted she is a retired librarian. She expressed concern about the provisions of the Patriot Act that could make political dissension a punishable crime. She noted that under the provisions of this act, those under suspicion for terrorist activities can be held seven days, but a recent segment on 60 Minutes revealed some have been held five to seven months. She stated 09-02-03 - 3 - it is important to not let the fear of terrorism override the Bill of Rights, and she does not want Bozeman to be part of punishing innocent people. As a result, she encouraged the Commissioners to adopt this resolution. Mr. Ed Mooney, 3924 Rain Roper Drive, verbalized the irony that if Americans give up the freedoms that are supposedly being defended, the terrorists have clearly won. He encouraged Bozeman to join the list of communities across the country that oppose the Patriot Act. Mr. Ray Secor, 327 North Rouse Avenue, stated he feels the act is flawed and encouraged the Commission to adopt this resolution. He cautioned against a cycle under which terrorist attacks are followed by incremental reductions in civil liberties. Ms. Deb Vanpoolen, 328 North Church Avenue, noted she has participated in civil disobedience and stated that in a democracy, it is essential that non-violent demonstrations be allowed. Mr. Don Kreitz, 2001 Fairway Drive, stated it is important for Americans and its coalition partner England to support the Patriot Act. Ms. Sarah Dweegens concurred with the librarians who have spoken in support of this resolution. Mr. Art Mulenski, 48 Barry Court, noted he is a high school senior and is speaking from the youth perspective. He stated that every year he has been taught to stand up and think. He views the Patriot Act as a bad thing and adoption of this resolution would be a powerful gesture that shows every entity can have an impact on the nation. Mr. Don Leel stated that a referendum would be a much better place to consider this issue than this foru m. Mr. Phil Knight stated his father fought in World War II to protect civil liberties. He voiced concern that this act allows any gathering of citizens to be infiltrated by government and urged the Commission to adopt this resolution. Mr. Henry Kriegel, 1422 Robin Lane, stated he is originally from New York City, and he realizes how impacted that community was by 9-11. He questioned how many people have actually read the Patriot Act, and recognized that any piece of legislation has flaws. He noted, however, that this act was designed to improve the security and safety of America, which is the primary role of the federal government. He stated that local government is responsible for the public health, safety and welfare of the community, and cautioned that it doesn't have the collective expertise to weigh in on national and international security. He concluded by urging the Commission to vote against the resolution under consideration. Ms. Nicole Davis, 612Y:2 South 12th Avenue, stated she is personally opposed to the Patriot Act and supports the resolution. She then read a letter from Mr. Jim Goetz into the record that expressed opposition to the Patriot Act and support for the resolution. Ms. Carol Dietrich, 120 East Story Street, expressed her appreciation for the ability to do something locally. She cited experiences in dealing with the federal government over the past year that reveal the importance of understanding one another. Ms. Erica Skinger, 815 North 5th Avenue, encouraged the Commission to adopt this resolution, noting it is important to objectively examine and evaluate the provisions of the Patriot Act since many of them seem unjustified and dangerously undermine civil liberties. Mr. Steve VanSlyke, 9 East Peach Street, stated that history repeats itself, citing the Red Scare and McCarthyism from the 20th century as examples. He encouraged the Commissioners to adopt this resolution, noting he is concerned about the potential that the sunset clause in the Patriot Act could be lifted or that Patriot Act II could be adopted. Mr. Josh Peterson, 119 South 6th Avenue, stated he is a senior at Bozeman High School. He stressed the importance of protecting democracy and suggested that the resolution be submitted to a vote of the people. 09-02-03 --------------------- ----- ---- -- --------- - 4 - Mr. Steve Kelly, 4750 Jordan Spur Road, stated he feels the federal government and Congress let the citizens down by not holding any hearings on this issue and thanked the Commission for inviting citizens to voice their opinions. He urged the Commission to adopt this resolution and defend local rights and freedoms. Mr. Pete Gagne, 6204 Shadow Circle Drive, voiced his hope that the country does better on the war on terrorism than it has on the war on drugs. He urged the Commission to read the Patriot Act, keeping in mind the Bill of Rights, and then look up the definition of "inalienable." He indicated he is opposed to the act and encouraged the Commission to consider its impacts on the public. Mr. Don McClarty read a letter from a close friend in Oregon who has had his computer impacted and has been personally visited by the FBI since he was mistaken for an Arab. He stated this is an example of the federal government targeting innocent citizens and urged the Commission to adopt a strong resolution opposing this intrusion on basic rights guaranteed by the Constitution. Mr. Jeff Garrett, 5 West Koch Street, stated that citizens have the right to question their government. He noted that citizens' liberties and wealth are in jeopardy and encouraged the Commissioners to seriously consider the resolution before them. Mr. Shawn Obero reviewed the definition of domestic terrorism in the Patriot Act and the provisions for government immunity to prosecution. He stated that he is disappointed, sad and angry, noting it is important to live where the right to privacy is respected, government is held accountable and the general population is not persecuted. He concluded by encouraging the Commission to adopt this resolution. Ms. Sandra Clift stated the Patriot Act is necessary for security at this time, and noted it is set for repeal in 2005. She stated that during World War II, there were many impositions on citizens; and it was wartime then, too. She noted that she respects the librarians' concerns, but she does not fear or care who knows what she reads. She indicated that this issue is not the business of the Commission and stated that, if it adopts the resolution, it will not be representing the majority of the residents. Mr. Chris Foraker, 120 South Black Avenue, expressed his appreciation for the diversity of opinions that have been forwarded. He then encouraged adoption of the resolution, noting he hopes the citizens' voices are heard. Mr. Jeff Buchowiski, 310 North Plum Avenue, urged the Commissioners to unanimously adopt this resolution, stating the Patriot Act goes beyond what he's willing to give up. Ms. Beth Boyson stated she works at the Bozeman Public Library. She urged support of the resolution, noting that the Montana Library Association adopted a similar resolution in April. She indicated that the Patriot Act does concern the Commission since the library is a part of the City's operations. Ms. Ellyn Murphy, 506 North Bozeman Avenue, indicated her concurrence with those speaking in support of this resolution. Ms. Dorothy Eck, 10 West Garfield Street, spoke about being a delegate to the Montana Constitutional Convention, noting that the State's new constitution adopted almost all of the civil rights sections from the US Constitution. She noted those include the protection of privacy and open government. She suggested that few of the legislators who voted on the Patriot Act actually read it, and she is concerned that it was adopted quickly and without public hearings. She encouraged the Commission to adopt this resolution. Mr. Chris Nixon, 719 North Wallace Avenue, spoke in support of this resolution, and noted that our soldiers are protecting our liberties, not removing them. Mr. Matt Bowser, 107 South Wallace Avenue, voiced his appreciation that, as a dishwasher, he can come into this room and address the City Commission. He applauded everyone's attendance at this meeting and the ability to speak, noting this type of communication is critical to the community and the world. Mr. Don Mazolla, 612 North Bozeman Avenue, spoke in support of the resolution, although he would like to see it strengthened. He suggested that language from the Alaska resolution be included and that a 09-02-03 - 5 - statement be added asking Congress to repeal those sections of the Patriot Act that remove the guarantees in the Bill of Rights. He concluded by thanking the Commission for considering this issue. Ms. Stacey Haughland, 508 North 3rd Avenue, urged the Commission to adopt this resolution and add Bozeman's voice to those concerned about the erosion of civil rights and liberties. Mr. Jon Gerster, 719 North Wallace Avenue, characterized 9-11 as insanity, noting it is the hope of the terrorist community to see precious qualities of the Constitution and the Bill of Rights removed from citizens. He stated that people have the right to speak, no matter what side they are on, without being a person of interest, but under the Patriot Act that privilege is lost. He concluded by suggesting that efforts should be concentrated on strengthening security at the borders and more closely monitoring those with real terrorist qualities. Ms. Anne Watson, 826 South 3rd Avenue, stated that as an attorney for twenty years, she has both prosecuted and defended people in court. She expressed support for the resolution, noting it is well written, sound and patriotic. Ms. Joanne Salsbury Troxel, 607 West Lamme Street, spoke in support of the resolution and read into the record a letter of support from Charlotte Trollinger urging adoption of the resolution. She noted that its adoption indicates the community won't tolerate diminishing of civil liberties; and allowing the Patriot Act to stand will be proof that terrorism is directing citizens' lives. Mr. Jeff Michlen, 222 South Black Avenue, spoke in opposition to the Patriot Act and in support of the resolution with strengthened language. He stated that many organizations with which he works have reported harassment and people dropping from their membership lists. Mr. John Maykuth, 905 South Church Avenue, noted that throughout history there are instances of this type of kneejerk reaction, with the result being little effect on enhancing security of the nation but successful stifling of decent and quiet criticism. He indicated that adoption of this resolution will send a strong message to representatives that something needs to be done and encouraged the Commissioners to do so. Mr. Tracy Cameron, 625 East Mendenhall Street, stated that eternal vigilance is needed to ensure that the freedom to speak is retained. Ms. Margarita McClarty forwarded changes that the Coalition of Concerned Citizens want the Commission to consider prior to adoption of the resolution. She asked that the resolution include the language in the resolution passed by the City of Dillon. She also noted concern that the sunset provision in the Patriot Act does not pertain to many of the sections. The revisions she requested included addition of the phrase, "request the Congress of the United States to repeal all sections of the Act which undermine or revoke rights guaranteed by the Bill of Rights" and addition of the phrase "the Commission directs all City employees to refuse to participate in activities curtailing civil liberties" under the "Now, Therefore" section of the resolution. Mr. Brian Gallik indicated that as an attorney he has represented a number of people and corporations in the federal court system over the past twelve years. He noted that the Patriot Act is an erosion of constitutional rights, and encouraged adoption of the resolution. He reminded the Commissioners that they took an oath to uphold the Constitution, and that is what those in support of this resolution are asking for. Mr. Verne House expressed concern that groups of people are being identified by their skin and ethnicity and are being designated as problems. He does not view the Patriot Act as patriotic and encouraged the Commissioners to adopt this resolution. Mr. Charles Coughlin stated he has seen many violations of civil liberties. He reminded the Commission that the Bill of Rights was adopted by Congress because of the fear of abuse of government; and the Patriot Act does, in fact, allow for the kind of abuse that our forefathers tried to avoid. He concluded by quoting a patriot who said "people who give up liberties for security deserve neither." 09-02-03 - 6- Mr. Joe Frost, 1816 South Rouse Avenue, noted that he has been practicing his civil rights today by running for public office. He believes in the Bill of Rights and encouraged the Commission to favorably consider this resolution. Ms. Carol Armstrong, 7200 South 19th Avenue, stated her support for the Patriot Act, noting that in time of war the citizens need to protect themselves in every way possible. She feels there needs to be more discussion and investigation before the Commission makes a decision on the resolution and asked that any action be delayed. Mr. Jeff Ball, 323 South Wallace Avenue, encouraged the Commissioners to adopt the resolution as submitted. Break - 8:45 to 8:55 p.m. Mayor Kirchhoff declared a break from 8:45 p.m. to 8:55 p.m., in accordance with Commission policy. Commission Resolution No. 3615 (continued) ~ declarina alleaiance to civil liberties as guaranteed in the Bill of Riahts. the United States Constitution and the Montana Constitution and opposition to the Patriot Act Mayor Kirchhoff noted that he views upholding the Constitution as being germane to the Commission's duties and responsibilities, particularly since Commissioners swear to uphold it when they are seated. He acknowledged that the Patriot Act is voluminous and that he has not read it, but he has read the provisions that have been pointed out to him. He stated that as he looked at that language and reflected on the process that has been enjoyed this evening, he finds it is important to uphold the ability to engage in this type of exchange of views. He finds that this ability and the freedom and security that people enjoy in their own homes could be in jeopardy under the Patriot Act and, as a result, he supports the resolution as written. He stressed that this position in no way casts aspersions or doubt on the professionalism of local law enforcement; rather, its message is directed to the federal level. Commissioner Youngman drew an analogy between the scree found on a talus slope and the Patriot Act, noting that if a rock slips, that's it, and one is headed down slope. She stated that in both instances, the foundation is not stable and the effects are cumulative. She noted that at the beginning of this meeting, those in attendance pledged allegiance to the flag, the country, and liberty and justice for all; and the Patriot Act eliminates portions of that. She recognized that not all elements are wrong and the motivation behind it is understandable, but she is concerned about those elements that could result in staff violating the Constitution to obey the Patriot Act. She has no intent to provide direction to staff but wants to make the federal government aware that local government does not want to put its staff in that position. Commissioner Brown observed that the Patriot Act was enacted in haste as a reaction to a terrible tragedy, and he does not feel it is necessary to control terrorism. He finds that it goes too far and takes away personal freedoms. He noted that when the Commission was asked to consider a resolution in March, he found he could not support some of the provisions of that resolution and was concerned about its timing. He indicated that he finds this resolution acceptable and he feels it is appropriate to adopt the resolution at this time. Commissioner Cetraro thanked everyone who provided comment on this issue. He stated that he has not read the 342-page Patriot Act and had hoped to see an analysis of the document, but that has not been provided. He then noted that an internet search revealed few instances of abuse as a result of the Patriot Act. He concluded by stating that he does not believe the majority of residents are interested in protecting terrorists and, as a result, he cannot support this resolution. Commissioner Hietala stated that Congress passed the Patriot Act by a huge majority and, while its passage occurred in haste, Congress is scrutinizing the document and it does contain a sunset provision. He expressed his support for the President enacting the war on terrorism, and the war isn't over. He concluded by stating it is important to trust the country's leadership and indicating he does not support adoption of this resolution. 09-02-03 ...______.____._____.__....___".___.,._..____.u_.____._.______n._.......___ ..---..".----..---.-..----- .. -.-----...---------..-- -..-....-.---.--. -.--------.-..--.---.. - - 7 - It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Commission Resolution No. 3615, declaring allegiance to civil liberties as guaranteed in the Bill of Rights, the United States Constitution and the Montana Constitution and opposition to the Patriot Act, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Break - 9:15 to 9:22 O.m. Mayor Kirchhoff declared a break from 9:15 p.m. to 9:22 p.m., to allow those presentforthe previous item to clear the room and allow those present for the next items to enter. Continued oublic hearina - Certificate of Aoorooriateness to allow remodelina of existina accessory structure on a 45-foot by 140-foot oortion of Lots 4 and 7. Block 7. Tract 2. Babcock and Davis Addition. to accommodate garage and aoartment on ground floor. with deviations from Section 18.18.030. Bozeman Municioal Code. to allow the lot to be less than the reauired 60 feet: from Section 18.18.050. to allow the aaraae/aoartment to encroach into the reauired side vard setback: from Section 18.50.110.F.. to allow reduction in reauired oarking from 4 to 2 soaces: and from Section 18.04.030. to allow the accessory buildina to have a larger footorint than the orincioal buildina - Sky Sterry and Trisha Wookev. 626 East Peach Street (Z-03181) This was the time and place set for the continued public hearing on the Certificate of Appropriateness requested by Sky Steery and Trisha Wookey under Application No. Z-03181, to allow remodeling of the existing accessory structure on a 45-foot by 140-foot portion of Lots 4 and 7, Block 7, Tract 2, Babcock and Davis Addition, to accommodate a garage and apartment on the ground floor, with deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the lot to be less than the required 60 feet; from Section 18.18.050, to allow the garage/apartment to encroach into the required side yard setback; from Section 18.50.11 O.F., to allow reduction in required parking from 4 to 2 spaces; and from Section 18.04.030, to allow the accessory building to have a larger footprint than the principal building. The subject property is located at 626 East Peach Street. Mayor Kirchhoff reopened the continued public hearing. Assistant Planner Susan Kozub presented the staff report on behalf of Historic Preservation Planner Hillary Hertler. She stated that this application allows for the conversion of 780 square feet in an existing storage space/garage into an apartment and garage. The existing accessory structure is 15 feet wide and 52 feet long and, under this application, the exterior would not be changed, but the interior would be changed to allow 20 feet for garage and the remaining 32 feet converted into an apartment. The applicant is seeking four deviations in conjunction with this application, with three of them addressing existing non- conformities and one to allow two less parking spaces than required under the code. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to nine conditions. Mr. Sky Steery, applicant, stated that this accessory structure was where they started their business several years ago. He noted they have since moved the business and now wish to turn the building back into a garage, with an apartment in the back portion. He characterized this as a non-obtrusive structure that is probably eighty years old. He concluded by encouraging Commission approval and indicating a willingness to answer questions. Responding to Commissioner Brown, Mr. Steery stated the accessory building is one foot from the property line and is approximately 8 to 10 feet from the closest structure, which is a garage. Commissioner Brown expressed concern that adequate parking is not being provided and suggested that seeking an accessory dwelling unit may be more appropriate. He suggested that allowing two units on a 45-foot-wide lot may be stretching the capabilities of that lot. Planning Director Epple responded that both dwelling units have only one bedroom and are very modest and small; and that is the reason staff felt it could recommend approval'of this request. 09-02-03 __._._ ____ _n _. _ ._ -.----- .- .-..- - -.-- - 8 - No one was present to speak in opposition to this proposal. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate of Appropriateness requested by Sky Steery and Trisha Wookey under Application No. Z-03181, to allow remodeling of the existing accessory structure on a 45-foot by 140-foot portion of Lots 4 and 7, Block 7, Tract 2, Babcock and Davis Addition, to accommodate a garage and apartment on the ground floor, with deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the lot to be less than the required 60 feet; from Section 18.18.050, to allow the garage/apartment to encroach into the required side yard setback; from Section 18.50.11 O.F., to allow reduction in required parking from 4 to 2 spaces; and from Section 18.04.030, to allow the accessory building to have a larger footprint than the principal building, be approved subject to the following conditions: 1. Building materials shall be consistent with principal dwelling's exterior materials, in this case clapboard siding. Wood or cement board is encouraged over vinyl or aluminum. 2. Windows shall be compatible with existing windows on property. For all new windows, non-reflective exterior cladding shall be used. 3. Applicant shall illustrate accurate locations of all utilities, existing and proposed, on the drawing sets submitted to the Building Inspection Division at the time a building permit is applied for. 4. Building code states that no windows would be allowed on the east elevation of proposed structure and the wall must be one hour fire rated. Please contact the Building Inspection Division for additional information with regards to building code requirements. 5. According to Section 18.50.035.A. of the zone code, all lighting shall incorporate deflection of light downward and away from existing properties. All existing and proposed lighting fixtures and lamps must be designed within the code requirements. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 7. The construction of a new dwelling unit may necessitate the creation of water and sewer lines to the property. Water and sewer connections to the subject property shall be completed by the City, with related costs borne by the property owner. Contact the Water and Sewer Department for Application for Service and additional information. 8. If necessary, the applicant shall apply for a Street Cut Permit for water and sewer lines. Permits are available at the Engineering Department, 20 East Olive Street. 9. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. A building permit must be obtained priorto initiating construction. Impact fees will be assessed and applied at permitting. Please call Associate Planner Chris Saunders with questions regarding fees. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Brown. 09-02-03 -- -9- Public hearina - Conditional Use Permit with Certificate of Accrocriateness to allow demolition of existing garaae and construction of new aaraae with second-story accessory dwelling unit on Lots 16 and 17. Block 7. Butte Addition - Tilden and Anchila Monks. 916 South Willson Avenue (Z-03194) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Tilden and Anchila Monks under Application No. Z-0194, to allow demolition of the existing garage and construction of a new garage with a second-story accessory dwelling unit on Lots 16 and 17, Block 7, Butte Addition. The subject property is located at 916 South Willson Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated that a second dwelling unit on this property triggers the conditional use process because the property is located within an "R-2" zoning district. She indicated that three letters of opposition have been received on this project, and copies have been included in the staff report. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has recommended approval subject to seven conditions. Responding to Mayor Kirchhoff, the Assistant Planner confirmed that one of the neighborhood concerns is that approval of this application will set a precedent for others to request accessory dwelling units on their properties. Mr. Tilden Monks, applicant, stated he purchased the property a year ago, noting the main residence is a craftsman style with an 800-square-foot garage that has no identifiable architectural style. He clarified the proposed project, noting that he does not propose to tear down the existing garage; rather, he proposes to give the existing garage a major face lift on the ground floor and increase its low-pitched roof to a higher pitch to match the existing house and accommodate a loft space for the accessory dwelling unit. He stressed that this application is limited to the existing garage, with no deviations being requested. He indicated that the revisions to be made to the garage will allow entering the property from the back alley instead of from South Willson Avenue and will allow for bringing the house and garage together architecturally. Also, he noted that both his parents and in-laws have expressed interest in staying for extended periods of time after retirement; the accessory dwelling unit will accommodate those visits and lessen stress on his family. No one from the public spoke regarding this application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Conditional Use Permit with Certificate of Appropriateness requested by Tilden and Anchila Monks under Application No. Z-0194, to allow renovation of the existing garage to include a second-story accessory dwelling unit on Lots 16 and 17, Block 7, Butte Addition, subject to the following conditions: 1. Either the main dwelling unit or the accessory dwelling unit must be actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. Not more than one of the dwellings may be rented by non-owners at the same time. The applicant shall file a binding deed restriction or covenant enforcing "single rental" at the Clerk and Recorder's Office prior to final site plan approval. 2. One paved off-street parking space shall be provided for the exclusive use of the accessory dwelling unit. This space must be specifically identified on the final site plan and building permit application. 3. The final site plan, building permit application, and any future lease agreements shall specify that the occupancy of the accessory dwelling unit shall not exceed two persons. 09-02-03 -------- ..... ..------- ___n_..____ .. --."..--. ..-.--.-....-."..-. -.... - 10 - 4. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 5. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 7. Seven (7) 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 approval by the Planning Director within six months of the date of City Commission approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearina - adoption of a unified development ordinance to replace existing subdivision reaulations. the zone map and zone code. including the followina specific components: (A) update to the design guidelines for the North 19th Avenue Entrvway Corridor portion of the Desian Obiectives Plan: (B) Zone Map Amendment from "R-3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17. Dawes Subdivision (212 South Black Avenue): (C) Zone Map Amendment from "RS" and "R-2" to "B-2" on Tract 3.COS No. 2047 (east of Highland Boulevard and south of Ellis Street): (D) Zone MaD Amendment from "R-3" to "PU" on Tract 3a. COS No. 2202a (aenerallv bounded bv West Oak Street extended. Ferguson Avenue. Baxter Lane and Davis Lane extended): (E) Zone Map Amendment from "M-1" and "R-3A" to "HMU" on Blocks 100.101. 105-109 and 116-119. Northern Pacific Addition. and a portion of Block 6. Babcock and Davis Addition (generallv bounded bv East Peach Street. North Rouse Avenue. Juniper Street and the railroad tracks): (F) Zone MaD Amendment from "PU" to "R-3A" on Lots 11 and 12. Block 29.lmes Addition (801 North Rouse Avenue): (G) Zone Map Amendment from "R-2". "R-3". "B-1". and "PU" to "R-S" on Tracts A. B. 1-8. 9a. 10a. and 14-22. COS No. 35 (Storv Hills Annexation): (H) Zone MaD Amendment from "BP" to "RO" on portion of Tract 1. COS No. 2047 (west of Old Hiahland Boulevard. east of Burke Park) (Z-02131) This was the time and place set for the public hearing on the adoption of a unified development ordinance to replace the existing subdivision regulations, zone map and zone code under Application No. Z-02131, including the following specific components: (A) update to the design guidelines for the North 19th Avenue Entryway Corridor portion of the Design Objectives Plan; (B) Zone Map Amendment from "R- 3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17, Dawes Subdivision (212 South Black Avenue); (C) Zone Map Amendment from "RS" and "R-2" to "B-2" on Tract 3,COS No. 2047 (east of Highland Boulevard and south of Ellis Street); (D) Zone Map Amendment from "R-3" to "PU" on Tract 3a, COS No. 2202a (generally bounded by West Oak Street extended, Ferguson Avenue, Baxter Lane and Davis Lane extended); (E) Zone Map Amendment from "M-1" and "R-3A" to "HMU" on Blocks 1 00, 101, 105-109 and 116-119, Northern Pacific Addition, and a portion of Block 6, Babcock and Davis Addition (generally bounded by East Peach Street, North Rouse Avenue, Juniper Street and the railroad tracks); (F) Zone Map Amendment from "PU" to "R-3A" on Lots 11 and 12, Block 29, Imes Addition (801 North Rouse Avenue); (G) Zone Map Amendment from "R-2", "R-3", "B-1", and "PU" to "R-S" on Tracts A, B, 1-8, 9a, 10a, and 14- 22, COS No. 35 (Story Hills Annexation); (H) Zone Map Amendment from "BP" to "RO" on portion of Tract 1, COS No. 2047 (west of Old Highland Boulevard, east of Burke Park). Mayor Kirchhoff opened the public hearing. 09-02-03 - 11 - Associate Planner Chris Saunders presented the staff report. He noted two meetings have been scheduled for this hearing. Responding to Mayor Kirchhoff, the Associate Planner stated that the pink document is the original draft that was considered by the City Planning Board and the Zoning Commission. Those bodies held two public hearings on the document and, as a result of the changes they made, staff felt it was easier to publish a new document than to identify individual changes; and the green document is the result. Associate Planner Saunders noted that seven zone code amendments are included in this application. The Zone Map Amendment from "R-2", "R-3", "B-1", and "PU" to "R-S" on Tracts A, B, 1-8, 9a, 10a, and 14-22, COS No. 35 (Story Hills Annexation) has been withdrawn from consideration and, unless the Commission chooses to reinstate it, this amendment is not to be acted on. The Zone Map Amendment from "R-3" to "PU" on Tract 3a, COS No. 2202a (generally bounded by West Oak Street extended, Ferguson Avenue, Baxter lane and Davis lane extended) is for the regional park. He noted that the County has submitted a letter asking that the rezoning not be done; however, this is not a formal protest triggering a super-majority vote. Responding to Commissioner Brown, Associate Planner Saunders indicated he does not know whether the County's letter is the result of action in a public meeting. Mayor Kirchhoff noted that one of the purposes of the unified development ordinance is to consolidate the subdivision and zoning regulations and to simplify the review process. Responding to questions from the Mayor, Associate Planner Saunders confirmed that the number of residential zoning designations has been reduced, with all of the single-family zoning designations being reduced to a single designation; and the zone map has been revised accordingly. He stressed that there are no changes in use resulting from this revision. Responding to Commissioner Cetraro, Associate Planner Chris Saunders indicated that the revisions between the pink copy and the green copy have been included in a table attached to the staff report, noting that the document has been substantially reorganized and can be further reorganized if the Commission wishes. Responding to Commissioner Brown, the Associate Planner indicated that some components of the affordable housing guidelines will need to be included in the unified development ordinance while others will not be. He indicated that once the Commission has adopted the guidelines, staff can begin processing those items that need to be included in this document. Commissioner Hietala indicated he has not had an opportunity to review the unified development ordinance in detail, noting it is a daunting task to determine what revisions simply result from combining of the two sets of regulations and what revisions are actually changes to the code. He then asked if staff could reflect the changes by striking out the old language and underlining the new. Associate Planner Saunders responded that would be possible but result in a document that is three times as long because of the complete reorganization. He then noted that three attachments to the staff report identify significant changes in the regulations. Mr. Brian Close, 406 East Olive Street, noted he has been doing additional research on the lighting issue, and encouraged the Commission to defer action until those provisions can be revised. He noted that studies reveal more light has no effect on crime. He recognized it is difficult to meet both of the provisions in the Bozeman 2020 Community Plan that encourage a pedestrian friendly community and respect the community desire for dark skies. He suggested that, until an acceptable lighting standard can be developed, developers who want lighting in their subdivisions be directed to the lighting in Valley West Subdivision as the standard. Mr. Bill Madden, attorney representing Barnard land and Livestock, asked for assurance that the zone map amendment for Story Hills is not being considered, indicating he wants an opportunity to address the issue if it is revived. Ms. Mary Vant Hull, 416 East Story Street, expressed her concern about ridgeline protection, noting it is important for structures to blend rather than becoming a focal point. She stated the current view 09-02-03 ----- - 12 - protection ordinance has not worked because it does not consider the height of the building in conjunction with the setback. She recognized that a 1 DO-foot setback may be appropriate for a single-story building, but a greater setback may be needed for a taller structure. She then submitted written comments from Jeff Ball and John Maykuth voicing similar concerns. Mr. Jim Pepper, 1322 South Rouse Avenue, noted he prepared the master site plan section of the unified development ordinance and indicated a willingness to respond to questions on that section. Mr. Jeff Krauss, 508 Park Place, noted one of the expectations is that this document is designed to make application of the zoning and planning process easier, but it is difficult to determine what changes have been made without some type of narrative describing those changes. He then expressed his interest in a document that provides more uses by right and provides for more administrative reviews on all but the most restrictive and complex proposals. Responding to questions from Mr. Phil Battle, 514 North Church Avenue, Associate Planner Saunders stated that the historic mixed use zoning designation has been proposed for the northeast sector because of the broad range of activities and uses in that area. He noted that it is reasonable to expect that the mix of residential, commercial and industrial uses can co-exist in harmony, and he anticipates the evolution of uses will continue to occur in that area. He stressed that this change does not prejudice either residential or non-residential activities. He noted that during the Planning Board hearing there was lengthy discussion about the function of the northeast sector as a business incubator, which is important for the community. He stated, however, it is important to establish a zoning designation that allows residential uses to be conforming uses, making it easier to obtain financing. He concluded by noting that the historic mixed use zoning designation has been on the books for twelve years, with its own set of criteria beyond the standard criteria for considering zoning applications. Associate Planner Chris Saunders gave a general overview of the. revisions between the unified development ordinance and the zoning and subdivision regulations. He noted that some processes have been moved from Commission consideration to administrative decisions, and the threshold for Design Review Board participation has been raised. He indicated that a slightly longer review process will result in some instances, but those changes were needed to ensure the City won't be challenged on due process. He recognized that in some instances, opportunities for public input may be slightly reduced, but they are still well in excess of statutory minimums. Responding to comments from Commissioner Youngman, Associate Planner Saunders indicated that staff will continue to prepare a written report for each application, so review time at the staff level will not change. He indicated that if an application is not subject to Commission review, however, the amount of advertising required and the length of time it takes to reach a decision will be less. Associate Planner Saunders indicated that staff is reviewing the master site plan section prepared by Mr. Pepper, noting that process would be used to separate larger planning issues from the detailed design issues. He stated this proposal was supported by both the Zoning Commission and the City Planning Board, and helps to eliminate a deficiency in the current codes. He gave a brief overview of the concept, which allows for public review of general plans for a large project that would be effective for up to five years after approval, with applicants then required to submit a formal, detailed site plan for approval. He recognized that this adds a step in the process but allows for coordination between landowners and allows for long-term projects. The Associate Planner stated that when Aspen Pointe was constructed, the ridgeline protection language was not in place; and it was done with a 50-foot setback. He aCknowledged it is possible to develop a sliding scale if the Commission desires, but it could become complex and difficult to administer because it would require topographical information not readily available in the application. Commissioner Cetraro voiced his concerns that it is extremely difficult to determine if this unified development ordinance is truly a consolidation of the current zoning regulations and subdivision regulations or if it includes significant revisions. Associate Planner Saunders responded that one area where the regulations are substantially revised is in the provisions for a wetlands review board, since those areas have previously been under federal jurisdiction but no longer will be. He indicated that this new section essentially incorporates the old federal program into a local program. 09-02-03 ._---------~- - -----...--...--.-..--.. - 13 - Responding to Commissioner Youngman, Associate Planner Saunders affirmed that staff will provide responses to the new memo from the Southwest Montana Building Industry Association, possibly in next week's Commission packets. He noted that, under State statutes, the City has sixty working days to act on applications for major subdivisions and typically completes the process well within that time unless the application is a complex one. He stated that time savings can be realized when an application follows the rules; however, when exceptions are desired, processing of an application takes longer. Responding to Mayor Kirchhoff, the Associate Planner stated the lighting standards in the unified development ordinance are the same as those in the current subdivision regulations. Mayor Kirchhoff stated those standards are more intense than what he personally likes. He then suggested the Commission take additional time on those standards prior to taking action. Commissioner Youngman identified wetlands, ridgeline protection, housing and PLI zoning for the regional park as issues to be discussed prior to making a decision. She then suggested that each Commissioner prepare a comprehensive list of issues to be discussed prior to making a decision. Commissioner Brown stated he feels that local areas are being overlit under the current regulations, possibly with too much emphasis being placed on uniformity. He recognized that intersections and pedestrian crossings need to be lit, but suggested that may be adequate. Planning Director Epple noted that allowing yard lights to be used in place of street lights has been suggested; however, he cautioned those lights are not screened, can create glare for drivers and are often annoying. Commissioner Youngman indicated she is not prepared to allow the substitution of yard lights for street lights; however, she concurs with Mayor Kirchhoff and Commissioner Brown regarding uniformity and the level of lighting along local residential streets. She noted that is a subject on which more community discussion is needed; and she is not prepared to provide staff direction at this time. Associate Planner Saunders stated he anticipates this document will be changed at least every two years, often in response to legislative changes. He stressed it is important to recognize this is a living document that needs to be changed to meet new realities. He then reminded the Commission that another piece of this process is updating of the design objectives plan for the North 19th Avenue corridor, which will be subject to separate action and adoption by resolution. Associate Planner Jody Sanford noted that staff is available to meet with Commissioners as necessary over the next few weeks. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to September 8. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public comment No comments were received under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a letter from Engineering Assistant Andrew Kerr, dated August 21, to property owners in the area around 521 East Olive Street, announcing the designation of one handicapped parking space on East Olive Street. (2) Copy of a letter from Engineering Assistant Andrew Kerr, dated August 21, to property owners along Greek Way announcing the removal of "No Parking Anytime" signs on the west side of Greek Way. 09-02-03 - 14 - (3) Memo dated September 27 announcing that the Cemetery Board meeting previously scheduled for September 4 has been rescheduled to October 14 due to conflicting schedules. (4) Letter from the Community Affordable Housing Advisory Board, Human Resource Development Council, Southwest Montana Building Industry Association and Bozeman Area Chamber of Commerce, dated August 28, requesting that the Commission reconsider the affordable housing strategies adopted at the August 25 meeting. Commissioner Youngman asked if the Commissioners want to place this item on next week's agenda for discussion; three of the Commissioners asked that it be placed on the agenda. (5) August 29 update of the listing of planning projects to be considered at upcoming meetings. (6) E-mail from Steve Barker asking that the City install signs at Beall Park reminding dog owners of their responsibilities to clean up after their dogs and to keep them on leashes. (7) Agenda for the County Commission meeting which was held at 9:00 a.m. on Tuesday, September 2, at the Courthouse. (8) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. on Tuesday, September 2, at the Professional Building. (9) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Wednesday, September 3, in the Commission Room, along with notice that no City Planning Board meeting is scheduled due to the lack of agenda items. (10) Agenda for the Montana Transportation Commission meeting to be held on September 17 in Miles City. (11 ) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on August 6, 2003. (12) City Manager Johnson noted last week the Commission gave direction regarding the budgeting of impact fees, and the second spread sheet appropriated only $2 million rather than the $5 million appropriated on the first spread sheet. He asked if the Commissioners intended to have the $5 million spread over projects rather than two; the Commissioners concurred that was their intent. (13) City Manager Johnson reminded the Commission that he will be out of the country from September 7 through 20, and Assistant City Manager Brey will be serving as Acting City Manager. (14) Planning Director Epple indicated that a facilitated discussion has been set for the hospital and the Recreation and Parks Advisory Board to discuss Condition No. 21 for the most recent hospital project. (15) City Manager Johnson noted he had placed a letter from Monte Cooper in the Commissioners' mailboxes and asked if the Commissioners want him to proceed; the Commissioners indicated no interest in purchasing development rights in the Sourdough Creek corridor. (16) Commissioner Youngman noted the Montana Association of Planners (MAP) conference is being held at Big Sky the first week of October, and some helpful information could be garnered from it. (17) Responding to Clerk of Commission Sullivan, Commissioner Youngman and Commissioner Cetraro expressed their intents to attend the Montana League of Cities and Towns Conference in Billings on October 1 through 3. Adiournment - 11 :20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 09-02-03 ----.- - 15 - ~-J::- STEVEN rKIRC~ ATTEST: ~J~ R N L. SULLIVAN Clerk of the Commission 09-02-03