HomeMy WebLinkAbout1999-04-19 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 19, 1999
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, April 19, 1999, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the
Commission Sullivan. Due to lack of a voice, Mayor Stiff asked Commissioner Youngman to
run the meeting for him while she serves as a Commissioner.
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 - SeDtember 8. 1998. March 29. ADril 5 and Amil 12. 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of March 29, 1999, be approved as amended. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No,
none.
. Mayor Stiff deferred action on the minutes of the meetings of September 8, 1998, and
April 5 and April 12, 1999, to a later date.
Conditional Use Permit - Jeremiah and Janice Cashman - allow eXDansion of non-conforming
use on Tracts 3 and 4. Boaart Subdivision No.1. and Tract A. not a Dart of Boaart Subdivision
Nos. 1 or 2. to include creation of additional Dlant and bulk aoods storage areas, an additional
gravel emDlovee Darking area and on-site road network ( 170. 200 and 250 Moss Bridge Road)
(Z-9916)
This was the time and place set for review of the Conditional Use Permit requested by
Jeremiah and Janice Cashman, under Application No. Z-9916, to allow the expansion of a non-
conforming use on Tracts 3 and 4, Bogart Subdivision No.1, and Tract A, not a part of Bogart
Subdivision Nos. 1 or 2, to include the creation of additional plant and bulk goods storage
areas, an additional gravel employee parking area and an on-site road network. The subject
property is more commonly known as 170, 200 and 250 Moss Bridge Road.
Assistant Planner Joni Killebrew presented the staff report. She stated that this
requested Conditional Use Permit it to allow the expansion of a business which is a lawful non-
conforming use in the "RS", Residential-Suburban, Country Estates, zoning district, onto three
adjacent lots which the applicant also owns, and to allow for connecting those three tracts to
the main site via an on-site road network. She noted that the three new lots all contain single-
. family rental houses, and those houses are to remain on their individual lots.
The Assistant Planner stated that the Board of Adjustment has considered, and
approved, three variances to allow portions of the front, rear and side yard setbacks to be used
for parking and/or plant and bulk goods storage, to allow existing and proposed parking areas
to be gravel, and to allow timbers to be used for curbing.
Assistant Planner Killebrew stated that the City-County Planning Board conducted its
public hearing on this application at its April 6 meeting. Following consideration of the criteria
for evaluating conditional use permits, public testimony received and the staff's comprehensive
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findings, the Board concurred in staff's recommendation for approval, subject to eight
conditions.
Responding to Commissioner Frost, Mr. Jerry Cashman confirmed that the light shown
on the site plan is the existing light, which is on a timer from dark to midnight, and that no
additional lighting is proposed.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
. Commission approve the Conditional Use Permit requested by Jeremiah and Janice Cashman,
under Application No. Z-9916, to allow the expansion of a non-conforming use on Tracts 3 and
4, Bogart Subdivision No.1, and Tract A, not a part of Bogart Subdivision Nos. 1 or 2, to
include the creation of additional plant and bulk goods storage areas, an additional gravel
employee parking area and on-site road network, subject to the following conditions:
1. Per Section 18.50.035.C of the Bozeman Municipal Code, vehicle and
equipment storage shall be screened using either a 100-percent opaque
wall or fence not less than 6 feet in height. The applicant shall provide
such screening for the equipment and materials storage area that is
adjacent to the four-plex. (Storage areas which border the north and west
side yards of the Kuipers four-plex)
2. Per Section 18.50.035.D.2, the applicant shall provide a detail of the trash
enclosure on the final site plan to be used for temporary storage of
garbage, refuse and other waste material. The enclosure may not be a
permanent enclosure unless adequate landscape screening is provided.
Trash enclosures shall be constructed so that the contents are not visible
from a height of five feet above grade from any abutting street or
property.
. 3. Per Section 18.50.120.F.2, the applicant, on the final site plan, shall show
how the requirement of sixty-one (61) regular and three (3) disabled, van
accessible parking spaces will be met.
4. The final site plan shall specify which of the three options outlined on the
initial submittal pertaining to employee parking and the location of the bulk
bins at 250 Moss Bridge Road will be utilized to complete the expansion
of Cashman Nursery.
5. The project shall be constructed as presented by the applicant, and as
approved and conditioned through this review. Any modification 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.
6. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
7. All of the special conditions shall constitute restrictions running with the
. land use, shall be binding upon the owner of the land, his successors or
assigns, shall be agreed to in writing by the applicant and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by
the property owner prior to the issuance of any building permits, final site
plan approval or commencement of the conditional use.
8. All conditions specifically stated under this approval shall apply and be
adhered to by the owner of the land, successors or assigns.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
Aoolication for Kennel License - Nan Pizitz. 2015 Knaab Drive - Calendar Year 1999
City Manager Johnson noted that, included in the Commissioners' packets, was a memo
from Animal Control Officer Connie Lien recommending approval of the requested kennel
. license, to allow two golden retrievers, one Yorkshire terrier and one silky terrier at the subject
location.
No one was present to speak in support of or in opposition to the granting of this
license.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the application for kennel license, as submitted by Nan Pizitz, 2015 Knaab
Drive, for Calendar Year 1999. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley,
Commissioner Rudberg and Mayor Stiff; those voting No, none.
Aoolication for Kennel License - Robert J. Banis. Tecklin Dachshunds. 1602 North Rouse
Avenue - Calendar Year 1999
Included in the Commissioners' packets was a memo from Animal Control Officer Connie
Lien recommending approval of this requested kennel license, to allow three dachshunds at the
subject location.
No one was present to speak in support of or in opposition to the granting of this
. license.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the application for kennel license, as submitted by Robert J. Banis, 1602
North Rouse Avenue, for Calendar Year 1999. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
Commission Resolution No. 3283 - amending the fee for the cash-in-lieu oayment ootion bv
increasina the oer soace fee from $3.000 to $5.000 and revisina oayment orovisions
Previously included in the Commissioners' packets was a copy of Commission Resolution
No. 3283, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3283
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE FEE FOR THE CASH-IN-LlEU PAYMENT OPTION TO
THE OFF-STREET PARKING REQUIREMENT UNDER SECTION 18.50.120 OFTHE
BOZEMAN MUNICIPAL CODE BY INCREASING THE FEE FROM $3,000 TO
. $5,000 PER PARKING SPACE AND REVISING PAYMENT PROVISIONS.
Assistant City Manager Ron Brey reminded the Commissioners that this issue was
submitted to them last fall; however, at that time it was subject to the CI-75 restrictions. He
noted that this resolution was submitted to the Commission at the April 5 meeting; but the
Downtown Improvement District Board requested that it be delayed to give them an opportunity
to review it. He stated the Parking Commission has polled its membership and has also
requested a sixty-day delay on consideration of this resolution.
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Mayor Stiff stated he cannot support the requested extension, particularly since the
actual cost of providing additional parking spaces is roughly twice the $5,000 fee that would
be implemented under this resolution.
Commissioner Smiley stated she was in attendance at both the Parking Commission and
the Downtown Improvement District Board meetings at which the delay was requested. She
then indicated that, because of the concerns which have been raised by the business
community, she will support the requested delay.
. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that action
on Commission Resolution No. 3283 be tabled until June 21, in response to the requests from
the advisory boards. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Commissioner
Youngman; those voting No being Mayor Stiff.
Ordinance No. 1490 - adding Chaoter 2.06 to the Bozeman Municioal Code to orovide for
establishment of a municioal court. effective Januarv 1. 2000. and reoealina Chaoter 2.28
oertainina to city iudae
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1490,
as approved by the City Attorney, entitled:
ORDINANCE NO. 1490
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED 2.06 TO PROVIDE FOR THE
ESTABLISHMENT OF A MUNICIPAL COURT AND A CLERK OF MUNICIPAL
. COURT AND REPEALING CHAPTER 2.28, ENTITLED "CITY JUDGE".
Distributed just prior to the Commission meeting was a memo from City Attorney Luwe,
dated April 19, in response to issues raised during consideration of this ordinance at the April
5 Commission meeting.
In response to Commissioner Rudberg's suggestion that the Commission take a break
to review this information, Commissioner Youngman suggested that the Commission also
consider tabling the final adoption of this ordinance and seek a second legal opinion. She
stated that, in light of the differences of opinion that have been voiced on a couple of
fundamental elements and her desire to not end up in court, she feels the delay could be in the
City's best interests. She noted that, without that level of assurance, she cannot support the
adoption of this ordinance.
Commissioner Rudberg stated she cannot support having anyone from outside the City
defining the municipal judge position. She also cautioned that, until the ordinance is finally
adopted, uncertainty remains about whether the change will be made, and it is important to
complete the process so that interested persons can file for election. She stated that, while
she appreciates the outside counsel that the City uses, she recognizes the City has one of the
best City Attorneys in the State.
Responding to Commissioner Youngman, City Attorney Luwe confirmed that there is
. more than one legal perspective on outside employment. He suggested that it would be more
appropriate to seek an Attorney General's opinion than to seek advice from outside legal
counsel if the Commission is concerned about his legal opinion. He noted the Attorney General
has a statutory duty to interpret conflicting sections of State law, and that opinion would be
binding until overturned in District Court. He then suggested that, if the Commission wishes,
it could finally adopt the ordinance and direct him to request an Attorney General's opinion.
He cautioned that it will take a minimum of ninety days, and possibly as much as six months,
to obtain that opinion. He recognized that, if the ordinance as adopted conflicts with the
Attorney General's opinion, then an ordinance revision will be necessary.
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Break - 3:20 to 3:27 D.m.
Commissioner Youngman declared a break from 3:20 p.m. to 3:27 p.m., to give the
Commissioners an opportunity to read the City Attorney's memo and proposed revisions to the
ordinance.
Ordinance No. 1490 (continued) - addina ChaDter 2.06 to the Bozeman MuniciDal Code to
. orovide for establishment of a municioal court. effective Januarv 1. 2000. and reoealinQ
ChaDter 2.28 Dertaining to city iudae
Mr. Robert Baldwin, attorney representing City Judge Patty Carlson, stated he is
sensitive to Commissioner Rudberg's comments regarding setting of the criteria for the
municipal judge position; however, he recognized this is not a new concept when an
independent judiciary is involved. He noted the Court has certain inherent powers that may not
be intruded upon by the legislative branch. He then indicated that his client takes issue with
two provisions in the proposed ordinance, and she has voiced those concerns well in her letter
to the Commission dated April 12. He suggested that, if the ordinance is adopted, "the
probability of a lawsuit falls closer to certainty than probability". He noted that lawsuit would
be based on two grounds: (1) restriction on outside employment and (2) intrusion on the
Court's inherent authority to manage its own affairs. He stated that the State statutes prohibit
a municipal judge from practicing in his or her own court, but do not prohibit outside
employment; and he feels that applying a statutory requirement for district court judges on a
municipal judge is inappropriate. He also noted that the specific statutes govern over the
general statutes and, in this instance, he does not believe the Commission has the power to
alter what the Legislature has established. He then stated that both court cases and Attorney
General opinions have indicated that unwarranted intrusion on a separate branch of government
is not acceptable and encouraged the Commission to not adopt the ordinance as proposed.
Commissioner Smiley noted that the District Court has a Clerk not supervised by the
. Court but, rather, by the County Commission. She then stated that under the ordinance as
drafted, a more efficient court system, with a full-time judge who can concentrate on court
issues will be created. She also noted that the structure, as proposed, can result in the same
level of professionalism as in other court systems.
Responding to Mayor Stiff, City Attorney Luwe stated the statutory citations in the City
Judge's memo are not a prohibition on the Commission. He stated, rather, the ordinance as
drafted is consistent with the municipal court section of the State statute. He then reiterated
his suggestion that the Commissioners adopt the ordinance and that, if they are concerned
about the issues raised, they direct him to seek an Attorney General's opinion.
Responding to Mayor Stiff, City Manager Clark Johnson stated that if the Commission
finally adopts this ordinance, potential candidates for the position will know that it is a
municipal judge position rather than a city judge position. He noted that, if the matter goes to
court, the only issues will be those specifically raised in the lawsuit.
Commissioner Rudberg characterized this as an unusual situation, with the City being
threatened with a lawsuit by an elected judge. She then forwarded her interest in finally
adopting the ordinance, and suggested that a copy of the City Attorney's memo be attached
to the ordinance so that it is a part of the information available to anyone reviewing the
document.
. Commissioner Frost stated his interest in adopting the ordinance and seeking an
Attorney General's opinion, expressing an interest in obtaining that opinion prior to someone
taking office.
City Attorney Luwe stated that an Attorney General's opinion must be sought by a City
Attorney and, when that request is made, the requesting attorney must do a significant amount
of research and provide the supporting materials. He then cautioned that, even if the Attorney
General's opinion is that the City may impose additional restrictions, that does not mean the
person elected as municipal judge may not challenge the restriction in court.
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Responding to Commissioner Youngman, City Attorney Luwe stated that the material
submitted by Judge Carlson, along with the minutes from the Commission meetings, would be
included with the request for an Attorney General's opinion.
Commissioner Youngman stated that she is uncomfortable with moving ahead with this
ordinance before getting the answers; however, she also recognizes the need to have the
ordinance in place for the upcoming election.
. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Ordinance No. 1490, providing for the establishment of a municipal court, be finally adopted
and that the City Attorney be authorized and directed to seek an Attorney General's opinion
on the provision pertaining to outside employment. The motion carried by the following Aye
and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost,
Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Ordinance No. 1491 - amend Sections 2.76.080 and 2.76.170 of the Bozeman MuniciDal Code
relating to sDecial cemetery sections and amending the interment restrictions to allow for
funerals on Sundays
Included in the Commissioners' packets was a copy of Ordinance No. 1491, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1491
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 2.76.080 AND
2.76.170 OF THE BOZEMAN
MUNICIPAL CODE BY REVISING PROVISIONS
RELATING TO SPECIAL
. CEMETERY SECTIONS AND AMENDING THE INTERMENT RESTRICTIONS TO
ALLOW FUNERALS TO BE CONDUCTED ON SUNDAYS.
On behalf of the Jewish community in Bozeman, Mr. Stan Rosenberg stated his support
for this proposed ordinance. He noted that he has been working on these proposed revisions
for the past couple of years and is pleased to see that the ordinance is now before the
Commission for consideration.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
Ordinance No. 1491, amending the provisions relating to special cemetery sections and
interment restrictions to allow for funerals on Sundays, be provisionally adopted and that it be
brought back in two weeks for final adoption. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none.
Discussion re DroDosal for DrODerty insurance coyeraae through a Drivate carrier rather than
through the Montana MuniciDal Insurance Authority (MMIA)
Included in the Commissioners' packets were a memo from City Manager Johnson, dated
April 15, and a letter from Tim Fitzgerald, Western States Insurance, dated March 9, requesting
an opportunity to submit a proposal for insurance coverage for the upcoming fiscal year.
. City Manager Johnson stated that, subsequent to listing this item on the agenda, Mr.
Fitzgerald informed him that he would be out of town today. As a result, he noted the
Commission may either reschedule this agenda item or consider it at this time.
Commissioner Frost stated his preference for staying with the MMIA, characterizing it
as a more stable option.
Commissioner Rudberg stated her concurrence, characterizing the Montana Municipal
Insurance Authority as "our insurance company".
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Commissioner Smiley voice her preference for staying with the MMIA insurance program.
Commissioner Youngman asked if the MMIA rates might be improved if the private
insurance rates were found to be better than the current MMIA rates.
City Attorney Luwe responded that he has not seen Mr. Fitzgerald's policy offer, so he
does not know if the policies are comparable. He cautioned that additional benefits, such as
risk management, must be considered as well as the coverages provided. He suggested that
. a careful comparison of proposals from private companies will reveal that MMIA is competitive,
and probably lower overall, than other companies.
Mayor Stiff questioned the statement in Mr. Fitzgerald's proposal that he could save up
to $60,000 in premiums.
City Attorney Luwe reminded the Commission that the City has received dividends from
both the workers' compensation and the liability programs, noting that MMIA has chosen to
take that approach rather than implementing lower premiums.
Commissioner Smiley noted it is not uncommon for an insurance company to submit a
low initial premium rate and then raise the rates.
City Manager Johnson encouraged the Commissioners to take into consideration the risk
management training which the City and its employees have received through MMIA, noting
that the City would have needed to hire those services if they had not been provided as part
of the insurance program.
Mayor Stiff stated that he has closely followed the MMIA program since its inception,
and characterized it as a well done program. He also noted that the program is for the entire
state and recognized that it has been a good one.
. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission authorize and direct staff to bring back a resolution of intent to continue insuring
with the Montana Municipal Insurance Authority. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
Authorize City Manaaer to sian - Amendment to the Bozeman Transportation Plan Ucdate
Fundina Aareement between the Montana Department of Transcortation and the Bozeman City-
County Planning Board - extend term of agreement to June 30. 2000 and increase
comcensation to $140.934.66
Included in the Commissioners' packets was a copy of the amendment to the Bozeman
Transportation Plan Update Funding Agreement.
Associate Planner Chris Saunders stated that as soon as the financing of this update is
resolved, the contract for this project will be signed and the project will be underway. He
noted that the County has approved the amendment and has indicated a willingness to cover
the additional costs since most of the work is outside the city limits. He noted that the State
will cover 80 percent of the overall costs while the local contributions will total 20 percent of
the costs. He then indicated that the selection committee has identified Peccia and Associates
. as the top choice for this project.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commissiol1' authorize and direct the City Manager to sign the amendment to the Bozeman
Transportation Plan Update Funding Agreement between the Montana Department of
Transportation and the Bozeman City-County Planning Board. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
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Discussion - Commissioner Droiects
(1 ) Mayor Stiff recognized Commissioner Rudberg's efforts to benefit students
through scholarships.
(2) Commissioner Rudberg announced that, due to tendinitis in her elbow, she will
be limited in assisting with the Clean Up Bozeman campaign this weekend.
. Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Memo from the Montana league of Cities and Towns, dated April 13, forwarding
the list of communities participating in the league's electrical energy program, which is
estimated to save 23 cities $100,000 in energy costs over the next fifteen months.
(2) Copy of an article entitled Property Owners Rewarded for Helping City Grow.
(3) Copy of a letter from David McDonald Construction, Inc., dated March 26,
indicating that they are paying the impact fees for the Oakwood Plaza project under protest.
(4) Invitation to attend the Brown Bag lunch seminar to be held at noon on April 27
at the Courthouse.
(5) Newsletter from Headwaters Recycling, announcing that the next meeting will be
held on April 21 at Three Forks.
. (6) Copy of the draft needs assessment for the Gallatin County Detention Center,
dated March 1999, as prepared by Matrix Planning Associates.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, April 20, in the Commission Room.
(8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, April 20, in the Commission Room.
(9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
April 20, at the Courthouse.
(10) City Manager Johnson submitted the following. (1) Stated he is a little
discouraged by the memo from the County Commission cancelling the co-op meetings,
particularly since he felt they were quite valuable and kept the lines of communication open.
(2) Announced that he and Administrative Services Director Gamradt will be making
presentations at the Montana Municipal Clerks, Treasurers and Finance Officers Association
Institute in Billings later this week. (3) Announced that he will be out of town on Friday and
unable to attend the roundtable discussion that the Gallatin Development Corporation will be
conducting.
(11) Assistant City Manager Brey submitted the following. (1) Stated that he will
. attend the Greater Open Spaces City Management Association (GOSCMA) meeting in Moscow,
Idaho, later this week. (2) Noted that remodeling in the front of the building is going well.
( 12) City Attorney luwe stated that he attended the MMIA Board meeting in Helena
on Friday. He noted that, in light of changes in the insurance industry, the adjusters will
become employees of MMIA rather than employees of an insurance company. He indicated this
change should benefit the program.
( 13) Clerk of the Commission Sullivan announced that she will be out of the office on
Friday to attend a meeting in Kalispell.
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(14) Commissioner Rudberg submitted the following. (1) Expressed her concern that,
as she has used the recycling binnies, she has seen people trying to get rid of plastics and
people improperly using the glass bins. She suggested an educational program be undertaken
to ensure that the City does not lose these recycling opportunities. (2) Stated that this is the
first time she has seen the builders acknowledge the City Manager, Assistant Planning Director
and one of the Building Inspectors during a grand opening.
( 15) Commissioner Rudberg noted that she received some interesting questions about
. the City's web page and asked who is in charge of that page and who reviews the information
put on it. She suggested that identifying a public information officer and having all the
information go through that person might be beneficial and help to ensure consistency in the
format of the page. She also proposed that a drop date be assigned to the information to
ensure it does not become stale.
Commissioner Smiley stated her appreciation for the new system, noting that she likes
the ability to communicate through e-mail.
( 16) City Manager Johnson stated that he, Director of Public Service Forbes and City
Engineer Brawner meet with Rob Buckvich and Jason Giard from the Montana Department of
Transportation once a month to discuss projects. He noted that this morning they talked about
checking the traffic signals to ensure they are Y2K compliant, and some of them may not be.
He noted that the State has signed a maintenance agreement with a local person, who will
check every signal, update its maintenance and test it for compliance. He stated they also
talked about the $5 million in funds for the clean air initiative, which can be used for traffic
signals in certain circumstances, and historic standards proposed for the downtown area.
Commissioner Rudberg asked if there is any way to encourage a more timely distribution
of ISTEA monies for approved projects.
. City Manager Johnson announced that the contract for the visitors center at the North
19th interchange is to be let in June or July. He noted that part of that contract is for
landscaping at the interchange, which will require irrigation.
( 17) Commissioner Rudberg expressed concern aboutthe safety inspections legislation
being considered, and the impacts it may have on the City.
Commissioner Smiley noted that a segment on poor building practices was aired on
20/20 last night, graphically depicting the need for an adequate inspection program.
( 18) Commissioner Rudberg stated that Bozeman High School Principal Godfrey
Saunders has asked if the City Commission could be available from 1 :00 p.m. to 2:30 p.m. on
Monday, April 26, at City Hall, to talk to students about local government.
Most of the Commissioners indicated that they would be able to attend a meeting with
the high school students.
( 19) Commissioner Rudberg voiced her frustration about the memo regarding the
parking lot at the cemetery, stating she thought that issue had been addressed two years ago,
through an agreement between the Cemetery Board and the Recreation and Parks Advisory
Board that was accepted by the Commission.
. Commissioner Youngman stated there was no public discussion regarding the parking
lot; rather the fence was the focus of that agreement. She characterized the number of spaces
in the parking lot as a difference in perspectives; and a solid proposal has been received that
must now be addressed. She noted the intent of the parking lot is to provide handicapped
access to the trail and Burke Park.
Commissioner Smiley expressed concern that, two years later, someone can decide that
public input was not received and reopen a previous decision. She also expressed her
displeasure about the tone of the memo.
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Commissioner Youngman stated that the Recreation and Parks Advisory Board was
unanimous in their concern and direction, basing their action on a missing step and
inconsistency with previous action. She noted the final decision on the parking lot at Burke
Park will be made by the Commission, although the Recreation and Parks Advisory Board feels
it should be involved.
City Manager Johnson noted that the proposed parking lot does infringe into the park.
He stated, however, that the new configuration is located entirely in the public right-of-way
. and, as a result will not come to the Commission unless requested to do so.
Mayor Stiff stated he was liaison when the joint board decision was made, and he is not
interested in starting over.
Commissioner Youngman characterized that as conceptual review versus actual review.
She also stated she feels the public should have an opportunity to provide input, particularly
on an issue where there is a vast amount of interest.
Commissioner Smiley recognized that the size of the parking lot was not previously
reviewed; however, she cautioned that with the number of handicapped people and the number
of small children in the community, restricting the size of the parking lot is inappropriate.
Responding to Commissioner Rudberg, Commissioner Frost stated the people who were
concerned about the fence are also concerned about the parking lot. He then reiterated his
interest in receiving public input on this issue.
(20) Commissioner Rudberg voiced her concern about the Recreation and Parks
Advisory Board's memo regarding the Haynes monies, noting that the expenditure of those
monies has not yet been determined by the Commission; and the Commission has not sought
recommendations for its use.
. Commissioner Youngman stated the Board felt that if the Haynes monies are to be used
for park or recreational purposes, they should be involved in the process.
(21 ) Commissioner Smiley submitted the following. (1) Attended an emergency
meeting of the Downtown Improvement District Board on April 13, at which Larry Bowman
explained the history of the parking lots and the decisions of the Parking Commission. She
noted that they also discussed a possible contract with Dixie Swenson. (2) Attended the Tree
Advisory Board meeting, at which plans for Arbor Day were discussed. (3) Attended a mental
health action committee meeting on Thursday.
(22) Commissioner Frost expressed concern about the letter from the County Attorney
regarding West Babcock Street and asked if the City needs to reaffirm its position.
City Attorney Luwe stated he feels it is improper to send a letter including a threat of
litigation directly to the Commission rather than through him.
City Manager Johnson stated that the City and County continue to struggle with
misunderstandings about who is going to do what.
Responding to questions from the Commissioners, City Attorney Luwe stated that most
. of the right-of-way needed for West Babcock Street are located in the county. He noted this
must be a joint project, with a joint petition to proceed in District Court.
(23) Commissioner Frost expressed concern that variances are now being considered
by the Board of Adjustment rather than the elected officials.
(24) Commissioner Youngman submitted the following. (1) Attended several meetings
last week, including a skateboard meeting where Kirk Park was the location under
consideration. She also attended the Northeast Neighborhood Alliance meeting, at which
manufacturing housing and a text amendment regarding infill housing were discussed.
04-19-99
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(2) Stated that she, Mike Hoey and James Goehrung are working on the Y2K information sheet.
(3) Attended a library fund raiser.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
. Authorize City Manager to sign - AcceDtance of Sewer and Water PiDeline and
Access Easement and Aareement - Accola Ranch. Inc. - 30-foot-wide
easement across Tract E-1. COS No. 1827 (for Northwest Waterline)
Authorize City Manager to sign - AcceDtance of Sewer and Water PiDeline and
Access Easement and Agreement - Carl H. Vandermolen - 30-foot-wide
easement across Tract 1. COS No. 1256 (for Northwest Waterline)
Authorize City Manaaer to sian - AcceDtance of Sewer and Water Pipeline and
Access Easement and Agreement - AmeriMont. Inc. - 30-foot-wide
easement across Tract B-1. COS No. 1827 (for Northwest Waterline)
ExemDtion from subdivision review for security for construction financina on lot
3. Annie Subdivision. Phase II - Castlebar limited PartnershiD. Thomas
DeveloDment ComDanv. and Roger and Rosalind Smith (for Castlebar
ADartments)
ADDroval of final Dlat for Crescent Vallev Minor Subdivision (to subdivide 21 .369
acres known as COS No. 151 0 into three lots for residential and office
condominium uses) (along east side of Ferauson Avenue between Fallon
Street and West Babcock Street) (P-9906)
. Acknowledae receiDt of aDDlication for annexation - State of Montana.
DeDartment of Natural Resources and Conservation - Parcel 2 of
Mandeville Subdivision. located in Section 36. T1 S. R5E. MPM (33.415
acres southwest of 1-90. east of Simmental Way and north of Baxter lane:
refer to staff
Authorize Citv Manager to sign - Agreement between the Citv and School District
No.7 for use of the Swim Center durina the 1998-1999. 1999-2000. and
2000-2001 school vears
Authorize City Manager to sian - AcceDtance of Sewer and Water PiDeline and
Access Easement and Agreement - CaDe France Enterorise - 30-foot-wide
easement across Tract A-1 and Tract A-2. COS No. 1827 (for Northwest
Waterline)
Authorize City Manager to sian - AcceDtance of Sewer and Water PiDeline and
Access Easement and Aareement - Gallatin Center limited PartnershiD -
30-foot-wide easement across lot 3. Minor Subdivision No. 210 (for
Northwest Waterline)
. Authorize City Manaaer to sian - Acceptance of Sewer and Water PiDeline and
Access Easement and Agreement - Gallatin Center limited PartnershiD -
30-foot-wide easement across lot 3. Minor Subdivision No. 210 (for
Northwest Waterline)
Authorize Citv Manager to sian - AcceDtance of Sewer and Water PiDeline and
Access Easement and Agreement - Roger H. Smith and Rosalind Smith -
30-foot-wide easement across lot 53. Annie Subdivision. Phase II (for
Northwest Waterline)
04-1 9-99
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ADpointment of Commissioner Youngman and Commissioner Smiley to sub-
committee to review Pledged Securities as of March 31. 1999
Building InsDection Division reDort for March 1999
Claims
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 Rudberg, Commissioner Frost, Commissioner
Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Recess - 5:10 D.m.
Mayor Stiff declared a recess at 5: 1 0 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - Commission Resolution No. 3280 - intent to imDlement a 7% increase in water
rates
. This was the time and place set for the pUblic hearing on Commission Resolution No.
3280, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3280
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN
PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS
OF THE MUNICIPAL WATER SYSTEM.
Commissioner Youngman opened the public hearing.
City Manager Clark Johnson gave a lengthy presentation on the proposed increases in
both the water and sewer rates, noting that much of the information overlaps. He also noted
that much of the testimony submitted will probably overlap between water and sewer, although
two separate public hearings have been scheduled.
The City Manager stated that the proposed rate increases in both water and sewer
include 3 percent to cover inflationary costs. He noted that items covered in this section
include the 6-percent salary increases over the next two years, materials, utilities and fuel. He
stated that the remaining 4 percent in water and 25 percent in sewer rates is to cover capital
items and projects. He noted that in 1992, the City began visual inspections of its sewer lines
. and found that many lines are running at capacity, which suggests the lines are undersized or
possibly partially blocked. He noted that these "bottlenecks" increase the probability of line
failure and property damage, which results in additional liability to the City. He noted that the
Wastewater Facility Plan, which was completed in 1998, shows the City has 98 miles of
gravity lines, with many of them being originally constructed in the early 1900s. He stated
that, while some of those lines are still in good condition, others are not. He indicated that in
1993, the average daily flow treated at the Wastewater Treatment Plant was 5.03 million
gallons per day, and the 1997 inflow and infiltration study revealed that the Plant treats 2.33
million gallons per day more than the population generates. That study also revealed that the
system "weeps everywhere", rather than a few specific places.
04-19-99
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City Manager Johnson noted that in 1997, the Commission directed staff to develop a
capital improvements program to address deferred maintenance in the City's infrastructure,
with identified annual funding sources. He stressed that these projects are being scheduled to
ensure that one infrastructure does not negatively impact another, e.g., make sure water and
sewer improvements are completed prior to the complete repaving of a street. He then stated
that $5 mHlion in federal assistance is being sought for the sewer system. If the City is
successful in obtaining this funding, the identified projects will take ten years less to complete
than originally projected.
. The City Manager reminded the Commission that the Bozeman Solvent Site has resulted
in the expenditure of over $2 million to date, and is projected to cost another $2 million before
the project is complete. He stressed that these costs are being funded through a 45-percent
surcharge, the majority of which is to sunset in 2001, and are not part of the proposed increase
under consideration at this time.
Mr. Randy Stenzel, Western Heritage Inn, stated that in 1984, his parents opened this
business. He expressed concern with the proposed increases it the water and sewer rates,
noting that as business people they are unable to raise their rates by such dramatic percentages
to keep up with the increased costs, stating the proposed increases will cost his business an
additional $760 per year. He recognized the necessity of small increases to cover inflationary
costs, but he feels the magnitude of the proposed increases is inappropriate. He concluded by
encouraging the Commission to not approve the increases.
Mr. William L. Davis, 307 South Bozeman Avenue, stated his opposition to the proposed
increases in both water and sewer. He stated that the residents in this portion of the
community have not had the benefit of any improvements in the sewer line, which is the old
original clay pipe. He noted that, over the past few years, while he has been promised
improvements in both the sewer and the street, those improvements have not occurred. He
stated that both the water and sewer rates have gone up every year, and the older residents
. cannot afford those rates. He characterized the proposed 28-percent increase in sewer rates
as outrageous, particularly in light of his 1.3-percent increase in Social Security.
Mr. Jim Bogan stated he owns Duds 'n Suds at 502 South 23rd Avenue, and his
business uses a substantial amount of water and sewer. He noted that the rates have been
increasing over the past few years, but he has tried to absorb those increases in his operations.
He stated, however, that he must now speak in opposition to the proposed rate increases. He
noted that in 1989, the total water and sewer bill for the laundry and car wash was
approximately $8,200, in 1992 it was $10,900, in 1996 it was approaching $14,000, in 1997
it was approximately $15,000, in 1998 it was up to $16,500, and this proposed increase will
result in a total bill in excess of $20,000.
Mr. Bogan stated that the business atmosphere in Bozeman is very competitive. He also
noted that many of his customers are college students, low-income individuals and the transient
population and, as a result, he has not raised the prices at the laundry for ten years. He stated
that he can no longer afford to absorb the $4,000 a year increases and anticipates a need to
increase his prices by a quarter if these new proposed rates are approved.
Mr. Bogan noted that five years ago, they planted trees along the boulevard, and he
waters them regularly. He then indicated that he does have the alternative of drilling a well,
and the increasing rates are making that a more attractive option. He concluded by
. encouraging the Commission to consider the impacts of these proposed rate increases on the
business community.
Mr. Steve Green, Scrubby's Car Wash, stated he was pleasantly surprised by the turn-
out for these public hearings, noting that five years ago and last year, at similar hearings, he
was the only one to speak. He recognized that water is his business, and stated that his bill
will approach $20,000 this year if this rate increase goes into effect. He stated that, at the
present time, water and sewer represent 6 percent of his gross costs. He indicated that he has
reviewed where the monies are spent and the long range plan, and he has no objections to the
improvements proposed because he recognizes the age of the infrastructure. He stated,
04-19-99
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however, that the proposed 28 percent increase in sewer is an excessive burden, particularly
on top of the 27 percent increase last year.
Mr. Jim Cannata, 608 West Babcock Street, stated that in 1988, when the rates went
up 40 percent, he protested; and he also protested the surcharge to pay for the Bozeman
Solvent Site. He asked what the alternative to the proposed rate increases might be, stating
he does not feel the drilling of wells is a good option.
. Mr. Don Kreitz, 2001 Fairway Drive, recognized that these proposed rate increases
would have gone into effect last November if CI-75 had not been passed, and the recent
Supreme Court ruling is allowing them to be considered at this time. He noted that the
information forwarded during the presentation was not available even yesterday and, as a
result, he is not sure if he is for or against the proposed rate increases. He concluded by
encouraging the Commission to consider the reasons that CI-75 passed.
Mr. Christopher Nixon, 719 North Wallace Avenue, stated he can understand the reason
for the proposed increases and is not necessary opposed to the water increase, but he is
opposed to the 28 percent increase in sewer. He noted that many of the elderly are on fixed
incomes and cannot afford this type of increase. He then stated that, at their house, the sewer
charge is based on the water usage, including the summer, when a significant portion of their
water is for the lawn and the vegetables. He suggested that revising the manner in which
sewer is charged to acknowledge the water usage for irrigation would be more appropriate.
Mr. Rich Noonan, 115 West Cleveland, asked how much money has been diverted from
maintenance to the construction of new infrastructure in past years, suggesting that if impact
fees had been in place earlier, this type of significant rate increase would not be needed.
Mr. Jim Smith, 105 Teton, stated he owns his own microbiology service and has just
returned from overseas. He indicated that he opened a state-certified laboratory in Bozeman
three years ago and, at that time, he called the City to see if he could bid on its water and
. wastewater analysis needs. He expressed concern that the City has chosen not to accept his
proposal but chose to continue using the State laboratory services. He suggested that
changing to his company could save the City $6,000 to $8,000 a year. He then asked the
Commissioners if they audit the books to make sure the monies are being appropriately
expended and the system is being efficiently operated, particularly when considering an
increase of this magnitude. He concluded by encouraging the Commission to consider a smaller
increase in the sewer rates, suggesting 14 percent as an alternative.
Mr. Brock Albin, 407 South 10th Avenue, expressed concern that the proposed rate
increases will have more of an effect on smaller families and the elderly than it should, and
proposed that the increases be on the usage only and not on the base rates.
Mr. Bill Davis stated that he has heard from several people who are opposed to the
proposed increases. He expressed concern that the older people in the community cannot
continue to absorb the increased costs, and some of those who are on lower incomes are
selling their properties because they can no longer afford to keep them.
City Manager Johnson addressed the questions and concerns which had been raised,
providing information on how the water and sewer bills are calculated. He then indicated that
the amount of monies spent on new infrastructure for new developments is not readily
available.
. Responding to Commissioner Youngman, a majority of the Commissioners indicated an
interest in closing the public hearing, but keeping the written testimony open to a date specific,
with the information presented at the beginning of this hearing being made available to the
public through the newspaper and the City's web site.
Since there were no Commissioner objections, Commissioner Youngman closed the
verbal portion of the public hearing.
04-19-99
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission accept written testimony until May 12 and that action on this item be delayed to
the May 17 Commission meeting. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and
Mayor Stiff; those voting No being Commissioner Rudberg.
Public hearina - Commission Resolution No. 3281 - intent to imDlement a 28% increase in
. sewer rates
This was the time and place set for the public hearing on Commission Resolution No.
3281, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3281
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED
TWENTY-EIGHT PERCENT (28.0%) INCREASE IN THE WASTEWATER (SEWER)
BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER
(SEWER) SYSTEM.
Commissioner Youngman opened the public hearing.
City Manager Clark Johnson stated the testimony in the previous public hearing applies
to this public hearing as well. No other testimony was forwarded under this agenda item.
Since there were no Commissioner objections, Commissioner Youngman closed the
verbal portion of the public hearing.
. Commissioner Frost stated that since he became a Commissioner in 1990, he has
watched the infrastructure in the older part of town falling apart. He noted that the five-year
program was started in an effort to budget monies to address those problems but, with
revenues frozen, it has been very difficult to do so. He concluded by voicing his interest in
seeing the monies from the proposed increase being expended on maintaining the existing
infrastructure rather than on the installation of new infrastructure.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission accept written testimony until May 12 and that action on this item be delayed to
the May 17 Commission meeting. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Frost and
Mayor Stiff; those voting No being Commissioner Rudberg.
Break - 8:28 to 8:33 D.m.
Mayor Stiff declared a break from 8:28 p.m. to 8:33 p.m., in accordance with
Commission policy.
Public hearina - COA with deviations from Sections 18.16.050 and 18.50.160. BMC. to allow
. new front Dorch to encroach 4 feet into reauired 25-foot front yard setback on nonconforming
structure that encroaches 1 % feet into reauired 8-foot side yard setback on Lots 19 and 20.
Block 8. Fairview Addition - Roland and Leslie Schmidt. 602 South Grand Avenue (Z-9929)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Roland and Leslie Schmidt under Application No. 2-9929,
with deviations from Section 18.16.050 and 18.50.160 of the Bozeman Municipal Code to
allow a new front porch to encroach 4 feet into the required 25-foot front yard setback on an
existing nonconforming structure which encroaches 1 Y:z feet into the required 8-foot side yard
setback on Lots 19 and 20, Block 8, Fairview Addition. The subject property is more
commonly known as 602 South Grand Avenue.
04-19-99
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Commissioner Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under the application, an addition and a wrap-around deck are being proposed on an existing
non-conforming house which encroaches into the side yard. He stated that staff has reviewed
this application in light of the criteria set forth in the zone code, and the staff's findings are
contained in the written staff report. He noted that staff is supportive of this application and
feels that it will be an improvement to a very historic house as well as to the area.
. Mr. Roland Schmidt, applicant, stated the wrap-around porch is to be a Victorian porch.
He then indicated his concurrence with the staff report, noting that he feels this is a good
project.
No one was present to speak in opposition to the application.
Since there were no Commissioner objections, Commissioner Youngman closed the
public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Certificate of Appropriateness, as requested by Roland and Leslie
Schmidt under Application No. Z-9929, with deviations from Section 18.16.050 and
18.50.160 of the Bozeman Municipal Code to allow a new front porch to encroach 4 feet into
the required 25-foot front yard setback on an existing nonconforming structure which
encroaches 1 12 feet into the required 8-foot side yard setback on Lots 19 and 20, Block 8,
Fairview Addition, subject to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
. 2. 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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Public hearing - COA with deviation from Section 18.50.160. Bozeman MuniciDal Code. to
allow 15-foot by 18-foot addition on non-conforming structure which encroaches 9 feet into
reauired 15-foot corner side yard setback on lots 13 and 14. Block 41. Imes Addition - lath
and Michele Mcleod. 702 North Bozeman Avenue (Z-9930)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Lath and Michele McLeod under Application No. Z-9930, with
a deviation from Section 18.50.160 of the Bozeman Municipal Code to allow a 15-foot by 18-
foot addition on a non-conforming structure which encroaches 9 feet into required 15-foot
. corner side yard setback on Lots 13 and 14, Block 41, Imes Addition. The subject property
is more commonly known as 702 North Bozeman Avenue.
Commissioner Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this application, a north elevation addition on a non-conforming structure will house a
master bedroom. He stated that staff has reviewed this application in light of the criteria
contained in the zone code and determined that this addition is compatible with the existing
house and the neighborhood. As a result of that determination, staff is recommending approval
of this application.
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Mr. Lath McLeod, applicant, indicated a willing to respond to questions.
No one was present to speak in opposition to the application.
Since there were no Commissioner objections, Commissioner Youngman closed the
public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
. Commission approve the Certificate of Appropriateness. as requested by Lath and Michele
McLeod under Application No. 2-9930, with a deviation from Section 18.50.160 of the
Bozeman Municipal Code to allow a 15-foot by 18-foot addition on a non-conforming structure
which encroaches 9 feet into required 15-foot corner side yard setback on Lots 13 and 14,
Block 41, Imes Addition, subject to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
2. 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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
. Public hearing - COA with deviation from Section 18.50.160. 80zeman Municioal Code. to
allow 14-foot by 28% -foot addition and Dorch on non-conformina structure which encroaches
10% feet into reauired 25-foot front yard setback on Lots 3-5. Block B. Hamer's Addition - Neil
Beddow and Gretchen Sultzer. 205 South Church Avenue (2-9935)
This was the time and place set for the public hearing on a Certificate of
Appropriateness, as requested by Neil Beddow and Gretchen Sultzer under Application No.
2-9935, with a deviation from Section 18.50.160 of the Bozeman Municipal Code to allow the
construction of a 14-foot by 28 Y2 -foot addition and porch on a non-conforming structure which
encroaches approximately 10 Y2 feet into the required 25-foot front yard setback on Lots 3
through 5, Block B, Harper's Addition. The subject property is more commonly known as 205
South Church Avenue.
Commissioner Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that the
applicants are proposing to remove the rear additions and stairs and to construct a new rear
addition and a new detached two-car garage. He noted that staff has reviewed this application
in light of the criteria set forth in the zone code and has found it to be in compliance. He
characterized the proposed addition as a nice improvement to an historic property and
encouraged Commission approval.
. Ms. Gretchen Sultzer, applicant, stated they are excited about the project and indicated
a willingness to respond to questions.
No one was present to speak in opposition to the application.
Since there were no Commissioner objections, Commissioner Youngman closed the
public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness, as requested by Neil Beddow and
04-1 9-99
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Gretchen Sultzer under Application No. Z-9935, with a deviation from Section 18.50.160 of
the Bozeman Municipal Code to allow the construction of a 14-foot by 28 % -foot addition and
porch on a non-conforming structure which encroaches approximately 10% feet into the
required 25-foot front yard setback on Lots 3 through 5, Block B, Harper's Addition, subject
to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
. 2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any mod ifications 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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff;
those voting No, none.
Public hearing - COA with deviations from Sections 18.50.060. 18.50.070 and 18.50.030.C..
Bozeman MuniciDal Code. to allow conversion of an historic church into a residence that
includes uncovered deck to encroach aDDroximately 3 feet more than allowed into the rear yard
setback. 8-foot-high Driyacy fence to encroach into reauired corner side yard setback. and
recreational vehicle to be stored in reauired side yard setback on the south 102 feet by 105
feet of Tract 1. Lot 1. Block 1. Babcock and Davis Addition - ADogee Architects for Charlie
Bales for 203 North Church Avenue (Z-9932)
This was the time and place set for the pUblic hearing on a Certificate of
. Appropriateness, as requested by Apogee Architects for Charlie Bales under Application No.
Z-9932, with deviations from Sections 18.50.060, 18.50.070 and 18.50.030.C. of the
Bozeman Municipal Code, to allow conversion of an historic church into a residence that
includes an uncovered deck which encroaches approximately 3 feet more into the rear yard
setback than the 5-foot encroachment allowed, an 8-foot-high privacy fence which encroaches
into the required corner side yard setback, and storage of a recreational vehicle in the required
side yard setback on the south 102 feet by 105 feet of Tract 1, Lot 1, Block 1, Babcock and
Davis Addition. The subject property is more commonly known as 203 North Church Avenue.
Commissioner Youngman opened the public hearing.
Historic Preservation Planner Strahn presented the staff report. He stated that this
application has resulted in a significant amount of public comment, as evidenced by those in
attendance at this meeting. He noted that, distributed just prior to the meeting, were three
letters and some background information provided by Mr. Svehla.
The Historic Preservation Planner stated that, in conjunction with the Certificate of
Appropriateness, the applicant is seeking three deviations to the zone code. He briefly
identified those deviations, which pertain to the proposed deck encroaching into the rear yard
setback, the proposed 8-foot-high privacy fence in a portion of the corner side yard, and the
storage of a recreational vehicle, in this instance a boat, in the side yard setback. He stressed
. that no deviations are being requested or are required for the proposed two-car garage and its
access from Perkins Place, which has caused a significant amount of controversy and concern
among the neighbors.
The Historic Preservation Planner summarized the neighborhood input that has been
received to date. He noted that Ms. Kris Georgeton, 210 North Church Avenue, has written
a letter of support for this proposed conversion from a church to a single-family residence,
which will result in reduced traffic and noise in the area. He noted that letters of opposition
have been received from Rudy and Marianne Svehla, who live directly across Perkins Place from
the subject property, as well as photos and background information on this area. He stated
04-1 9-99
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that letters of opposition have also been received from Ed and Rebecca Adamson, 421 Perkins
Place; Tom Noble and Liz Galli-Noble, 401 North Church Avenue; Tim Murphy, 415 East
Lamme Street; Greg Beardslee, 221 North Church Avenue; and L. Diane Gilleland, Helena,
Montana. He noted that many of the letters of opposition indicate general support for the
proposed single-family use of this property but forward a number of concerns.
Historic Preservation Planner Strahn stated that items of concern include the use of
Perkins Place, which is an unimproved street that lacks curb and sidewalks, generally lacks
. maintenance, incurs a significant amount of traffic congestion, has mailboxes located at the
south end, has a limited turning radius, and bottlenecks to 20 feet at the south end, between
the Svehla property and the subject site. He noted that the Svehla lot is 35 feet wide, and
their house is located 4 feet from Perkins Place. They are concerned about vehicular traffic,
the poles which limit the width of the street, and problems with noise and lights. He stated
they are also concerned about site drainage, the shallow gas mains, increased dust, and safety.
He noted that many of those submitted letters of opposition have suggested access to the
proposed garage from either East Lamme Street or North Church Avenue would be more
appropriate than the proposed access from Perkins Place.
The Historic Preservation Planner stated that staff is supportive of this application to
convert the historic church into a single-family residence for a number of reasons. He noted
that a single-family residence will have far less impact on this historic neighborhood than the
current use or the other uses which have been proposed for this site, citing traffic, noise and
congestion as examples of decreased impact. He noted that this proposed single-family
residential use also meets the zoning designation of "R-3a", Residential--Two-family, Medium-
density. He noted that the only exterior modifications being proposed are the deck and the
garage.
The Historic Preservation Planner stated that staff has looked at the three possible
options for accessing the garage and stressed that neither of the alternatives may be any more
. appropriate than the access off Perkins Place proposed by the applicant. He noted that if the
North Church Avenue access were chosen, staff would suggest the applicant consider moving
the garage closer to that street. He noted, however, that the driveway would cut across the
existing usable yard space, which would be a disadvantage to the applicant. He stated that
access from East Lamme Street, running parallel to Perkins Place, would result in no significant
changes to the site plan. He noted that, while the Director of Public Service has indicated a
willingness to accept that alternative, he feels the other two are preferable. A third option
might be to move the garage to the east, to provide a greater turning radius from Perkins Place.
Historic Preservation Planner stated that staff has suggested the applicant consider
relocating the second house on the site rather than demolishing it. He indicated that staff has
also encouraged the applicant to consider reducing the height of the fence by at least six
inches, since an 8-foot-high fence is quite unusual in this community.
Mr. Van Bryan, Apogee Architects, representing the applicant, stated the site plan shows
incorrect sight triangles at the intersections of Perkins Place and North Church Avenue with
East Lamme Street, noting that 45-foot triangles are needed at those intersections. He then
stated that the applicant is opposed to accessing the garage from North Church Avenue,
particularly since four fairly large trees could be impacted by any relocation of the garage. He
also indicated that accessing the garage from East Lamme Street would take a lot of the space
the applicant has anticipated using at the rear of the structure. He also expressed concern that
. the access would be located in the sight triangle for the intersection of Perkins Place and East
Lamme Street. He then addressed the issue of the turning radius into the proposed garage
from Perkins Place. He noted that in a parking lot, a 26-foot wide driving aisle is required to
access 90-degree parking; and the access into the proposed garage provides greater width than
that, particularly since the garage is to be constructed 10 to 11 feet from the property line.
Mr. Rudy Svehla, 419 East Lamme Street, stated that his property is narrow and has no
driveway. He also noted that, when he moved into his house, he encountered a lot of problems
with traffic and people parking at the end of Perkins Place, and he has worked diligently to
address those issues. He recognized that if the street were 30 feet wide and his house had a
15 to 20-foot setback, he probably would not notice the traffic; but the street is 20 feet wide
04-19-99
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next to his house, and he has a small setback. He characterized Perkins Place as an alley with
16 feet of driveable space and a lot of traffic, much of which is moving fast. He expressed
concern that if someone parks in front of the proposed garage, the vehicle will stick out into
Perkins Place, probably blocking any use of the "alley". He stated that this, when combined
with the number of people who park in the "alley" while getting and reading their mail, will
create a significant problem.
Mr. Svehla stated he would like to see the old church redone into something else. He
. expressed concern that this proposal will result in one more driveway onto Perkins Place, with
lights aiming into his living room. He characterized this proposal as devaluing his property, his
access and his privacy. He indicated his concerns are about safety, stating that in Montana,
"people are more important than blades of grass". He concluded by asking the Commission
to carefully consider that Perkins Place is not a street, but it's also not an alley.
Mrs. Marianne Svehla, 419 East Lamme Street, stated they have a carport with access
from Perkins Place. She noted that, because of their inability to make a 90-degree turn from
Perkins Place, they must angle into the carport. She then questioned how the applicant will
back a boat into his lot, stating she feels it will be impossible.
Mr. Willis Gilliland, owner of 215 North Church Avenue, stated his main concerns pertain
to the safety of Perkins Place, particularly in light of its narrowness. He addressed the
architect's comparison of this site to a parking lot, noting that in a parking lot, single vehicles
are parking and they have no fences to maneuver around. He stated that accessing the garage
from Perkins Place will be difficult, and maneuvering a boat to park it beside the garage will be
extremely difficult and will also take some time. He expressed concern that the proposed fence
near Perkins Place will obstruct the vision of those leaving that street, causing a hazardous
situation. He concluded by suggesting that this garage could be better accessed from North
Church Avenue, with a single-lane driveway that widens to two lanes just before the garage,
thus taking up less space and minimizing the amount of grass and number of trees impacted.
. Mr. Greg Beardslee, 221 North Church Avenue, expressed concern about the height of
the fence, although he recognizes that it is in scale with the church and will provide desired
privacy. He encouraged the Commissioners to recognize that the Svehlas also deserve as much
privacy as possible, and the additional impacts on Perkins Place only compound their problems.
He encouraged the Commissioners to carefully consider the entire neighborhood and not just
this property when acting on this application.
Mr. Charlie Bales, applicant, stated he lives next door to the subject property. He
characterized Perkins Place as an unusual situation, and stated he has not encountered any
problems with using it. He noted that he did an informal traffic study between 8:00 and 9:00
a.m. today, and during that hour four vehicles went past on Perkins Place. He turned his
attention to the boat issue, noting he has a drift boat that he will hand maneuver into the yard
next to the garage, which "will take a matter of seconds to do". He recognized that the
concerns voiced would pertain to a large recreational vehicle or a larger boat, and suggested
that if the Commissioners wish, they could amend the condition to specify a drift boat only.
Mr. Bales then stated he is concerned about removing any of the existing trees on this
site to accommodate relocation of the proposed garage. He recognized the concerns that have
been voiced about the height of the proposed fence, but noted that, in addition to providing
privacy, the fence will help to shield the public from the visual impacts of the deck, since this
. will no longer be a church. He indicated that this project will only add two more cars to Perkins
Place, and he feels that will not result in a severe impact. He concluded by noting that the
second existing house will be removed from the site, and the proposed new garage and
driveway will not cover any more of the lot that than house has covered.
Mr. Christopher Nixon, 719 North Wallace Avenue, commended Mr. Bales for what he
has done with his existing home on North Church Avenue and stated he is pleased to see this
proposed re-use of the historic church as a single-family residence. He then stated that, while
he generally does not support accessing a garage from the front of the property, in this
instance he feels that may be more appropriate than accessing it from Perkins Place.
04-19-99
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Commissioner Smiley noted that when she was younger, she practiced backing an 18~
foot inboard/outboard boat into the same type of situation, and found that it could be easily
done. She stated that parking a drift boat in this location will be "a piece of cake".
Responding to Commissioner Rudberg, the Historic Preservation Planner stated that since
the proposed garage meets setbacks, no specific conditions could be attached to it. He noted,
however, that he wanted the Commission to discuss possible options and, as a result, he
forwarded Condition No.6 for consideration. He noted that if the Commission wishes, it may
. delete that condition in its final action.
Responding to Commissioner Frost, the Historic Preservation Planner estimated the size
of the second house on the site at 700 square feet.
Responding to comments and questions from the Commission, Mr. Bales stated that
relocating the garage or access to the garage, as proposed in Condition No.6, is not an option
to him.
Since there were no Commissioner objections, Commissioner Youngman closed the
public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Certificate of Appropriateness, as requested by Apogee Architects for
Charlie Bales under Application No. Z-9932, with deviations from Sections 18.50.060,
18.50.070 and 18.50.030.C. of the Bozeman Municipal Code, to allow conversion of an
historic church into a residence that includes an uncovered deck which encroaches
approximately 3 feet more into the rear yard setback than the 5-foot encroachment allowed,
an 8-foot-high privacy fence which encroaches into the required corner side yard setback, and
storage of a recreational vehicle in the required side yard setback on the south 102 feet by 105
feet of Tract 1, Lot 1, Block 1, Babcock and Davis Addition, subject to the following
. conditions:
1. Given the fact that the existing house to the north of the historic church
building is presently useable and affordable housing is a growing necessity
in Bozeman:
A. The applicant/owner shall make every attempt to give the
house away to someone willing to pay for the cost of
moving it, rather than simply demolishing it. Preferably, the
house should be relocated within Gallatin County and in as
close a proximity to Bozeman as possible.
B. The applicant, applicant's representative or other interested
party shall acquire all necessary permits and approvals prior
to the movement of this structure, including a movement/
demolition permit from the City of Bozeman, and all other
provisions outlined in Chapter 18.42.090 of the Bozeman
Municipal Code.
C. If the structure is approved for movement the future location
of the site in question shall be disclosed to the City-County
. Planning Department in writing.
D. Should the house in question be deemed structurally
unsound and/or unmovable, then demolition would be
acceptable as a last resort.
2. The site plan shall be modified so that the proposed fencing shall meet the
stipulations outlined in Section 18.50.080.
04-19-99
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A. In particular, the street vision triangle shall be forty feet as
outlined in 18.50.080.B, not thirty feet as indicated on the
submitted site plan.
B. Within the triangular area defined in said section, no fence,
wall or planting in excess of thirty inches above the street
centerline grades shall be permitted.
. 3. To better relate the proposed 8-foot-high fencing to the existing historic
character of this historic neighborhood and likewise help to minimize the
wall-like appearance of the proposal, the applicant/owners shall give
serious consideration to the possibility of reducing the overall height of the
proposed fencing by six inches or more.
4. As per Section 18.50.070 of the Bozeman Municipal Code, any fence or
wall constructed so as to have only one elevation "finished," which shall
be defined as not having its supporting members significantly visible, shall
be erected such that the finished elevation of the fence is exposed to the
street or the adjacent property.
5. The new fencing shall be painted or stained so as to have a finished
appearance and visually relate to the structures on site. The applicant
shall obtain a building permit
within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
6. Should the location of the garage be modified, and no additional deviations
are needed, a revised site plan shall be submitted to the City-County
Planning Office for the review and approval of the Historic Preservation
Planner, prior to the issuance of a building permit.
. 7. That the deviation from Section 18.50.030.C. be to allow a drift boat,
only, to be stored in the required side yard setback.
8. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
9. 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 the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and
Commissioner Youngman.
Break - 9:40 to 9:45 D.m.
Mayor Stiff declared a break from 9:40 p.m. to 9:45 p.m., in accordance with
. Commission policy.
Staff reauest for revocation of Kennel License issued to Ellvn Murphv. 506 North Bozeman
Avenue
This was the time and place set for continued consideration of the staff request for
revocation of the kennel license issued to Ellyn Murphy, 506 North Bozeman Avenue.
04-19-99
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Previously included in the Commissioners' packets was a memo from Animal Control
Officer Connie lien, dated January 8, 1999, requesting a hearing regarding this kennel license,
along with a copy of the minutes from the December 2, 1996, Commission meeting at which
the kennel license was originally approved.
Animal Control Officer Connie lien stated that she has requested this review because
of two issues. One is the replacement of one of the dogs without a hearing or review, as
required by the conditions attached to the original approval, and the other is the series of
. complaints she has received. She noted that Fred and Sharon Shields have made increasing
complaints since September 1998, and much of that increase can be directly attributable to the
applicants obtaining a new dog around Labor Day. She stated that the subject residence has
an acceptably fenced yard and the dogs' vaccinations are current but, in light of the credible
complaints she has received, she is seeking revocation. She concluded by noting that the
applicants have left the dogs outside alone at times and have never implemented the
recommendation that bark collars be used.
Mr. Fred Shields, 503 North Bozeman Avenue, stated he lives directly across the street
from the subject property, and he has "many many complaints". He cited a portion of Section
6.04.110 of the Bozeman Municipal Code, which defines a nuisance animal and prohibits the
keeping of such an animal. He stated that, on a very conservative rough estimate, he and his
wife have made fifty complaints since 1991, but nothing has been done, including the issuance
of citations. He stated that, over the same years, he has talked to and, in fact has pleaded
with, several different City employees to do something to quiet the dogs. He expressed
concern that the dogs are allowed, and in fact encouraged, to bark at all hours of the day and
night, especially the new dog. He stated the dogs are outside more in the summer than in the
winter, which means that the time of year when the problems increase is rapidly approaching.
Mr. Shields stated that, because of the amount of noise the dogs create, he and his wife
sleep with a noisy fan running all night to cover the noise. He noted that on March 24, 25 and
26, they turned the fan off and, about 10:45 p.m. on March 26, they were awakened once
. again by a dog barking. He noted they turned the fan on again, and have continued to use it.
Mr. Shields noted that he retired after working for the City for 35 years, mostly due to
health problems resulting primarily from stress. He noted that part of the problem was lack of
sleep, which could be directly traced to the unique barking of the dogs, which is a
"combination between a bark and a howl". He attempted to address the problem through
counseling, but the counseling revealed that IIhe was not the one with the problem; it was a
case of negligence by the City Animal Control Officer and Police Department, and irresponsible
dog owners".
Mr. Shields noted that he and his wife are the only ones in the immediate area who
work; most of the neighbors are elderly and retired, and don't seem to be as disturbed by the
barking. He noted that when the kennel license was originally issued in 1996, he was told the
license would give the City more control over the barking problem, and that the license would
not be renewed or changed without a hearing; however, none of those has occurred.
Mr. Shields showed a video tape of the barking incidents which he made over the past
few months, including two incidents in January 1999 and one in October 1998. In response
to questions from City Attorney Luwe, he confirmed that the recordings were continuous
recordings done on random days. He then noted that the tape was done on days he was
home, and stated they could have been completed on just about any day of any week when
. the dog or dogs are outside. He concluded by requesting that he be allowed to complete his
presentation after Mr. Kolesar has made his presentation.
Ms. Ellyn Murphy, 506 North Bozeman Avenue, gave a brief presentation about how she
loves her three dogs and how important they are in her life. She noted that she takes "better
care of my dogs than most people take care of their kids".
Mr. Bob Kolesar, 506 North Bozeman Avenue, stated the tapes shown by Mr. Shields
do not show the "many, many hours of no noise". He stated that if they were aware the dogs
were making noise and disturbing the neighbors, they would stop it. He characterized part of
04-1 9-99
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the problem as lack of communication, stating he was unaware of the conditions attached to
approval of the original kennel license.
Mr. Kolesar showed the Commission a simple map identifying his residence, the Shields
residence and the numbers and breeds of dogs at various houses in the area, stressing that
there are many dogs in the immediate area. He stated that, knowing Mr. Shields' concerns
about the barking, they keep their dogs in the back yard and try to minimize their barking. He
stated, however, that the noise of other dogs in the area barking can carry through their back
. yard and, as a result. it may sound like their dogs barking.
Mr. Kolesar Questioned what is identified as prolonged barking, noting that some barking
is all right. He stated that his wife should be able to play outside with the dogs on a Sunday
afternoon without encountering problems. He stressed the importance of recognizing that this
is an in-town situation and what might be acceptable to one may not be to another. He noted
that Mr. Shields may be offended by his dogs barking; but he is also offended by Mr. Shields'
"angry army of bees", or the power tools that he uses in his yard early in the morning. He
suggested a measure of character is how well one tolerates a certain amount of noise from
neighbors.
Mr. Kolesar stated the dogs are not left out at night; rather, they are kept inside all night
every night. He recognized that there may have been a few times when the dogs were
unnecessarily noisy, particularly when they first brought the new dog home; but they have
made efforts to keep those times to a minimum.
Mr. Bob Kolesar suggested that the Commissioners talk to the other neighbors, assuring
them that those neighbors have no problem with the dogs. He submitted copies of an affidavit
from a neighbor to the Commissioners. He then cited excerpts from the December 1, 1998,
report prepared by Animal Control Officer Lien, contrasting her report with the statements made
by Mr. Shields during this hearing.
. Mr. Kolesar showed the Commission a "not our dog" calendar, on which he had recorded
days when other dogs on the area have barked non-stop for five minutes or more. He noted
that the placements on the calendar depict early morning, mid-day and late in the day. He
stated this calendar reflects that many of the times Mr. Shields has complained about have, in
fact, involved other dogs.
Mr. Kolesar stated he cannot support putting bark collars on the dogs. He noted that
he wants the dogs to bark, particularly in light of his wife's need for protection and the services
of a service animal for a disabled person. He stated that he has tried unsuccessfully to explain
this need to Mr. Shields, who desires "a barkless environment". He expressed concern about
his wife's safety, and stated that he wants to her as protected as possible.
Commissioner Rudberg expressed concern about the late hour of the meeting and
suggested that it be adjourned at this time.
Following a brief discussion, it was moved by Commissioner Rudberg, seconded by
Commissioner Frost, that further consideration of this agenda item be continued to a special
meeting at 5:00 p.m. on Monday, April 26. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner
Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
. As a result of the Commission's action, Mr. Kolesar's presentation was stopped and will
continue at the April 26 meeting, following by additional testimony from Mr. Shields and
testimony from Ms. Orenstein.
Adjournment - 10:47 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
04-1 9-99
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Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
~(]~ -fOr-
ALFAED M. STIFF, Mayor
. ATTEST: .-.....
~~~.z~~~
RD IN L~ULL1VAN
- - -
Clerk of the Commission
-. -
. - -
.
.
04-19-99
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