Loading...
HomeMy WebLinkAbout1999-04-05 Minutes, City Commission . - --.-----.-----..-.- .... . ..-..-..----- --,,--_.._.__._-,,---,,- .-.- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 5, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 5, 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, Clerk of the Commission Sullivan and Deputy Clerk of the Commission Prosser. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any items are to be removed from the Consent Items for discussion. City Manager Johnson requested that Acceptance of the Sewer and Water Pipeline and Access Easement and Agreement from Accola Ranch, Inc., be removed from the agenda to correct an error in the document prior to approval. As a result of public comment, the Commissioners requested that Commission Resolution No. 3283 be removed from the Consent Items. Minutes - SeDtember 8. 1998. and Februarv 16. March 1. March 15. March 22 and March 29. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of February 16, March 1, March 15 and March 22, 1999, be approved as submitted. 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 March 29, 1999, to a later date. Proclamation - "Dispatchers' Week" - ADril11-17. 1999 Included in the Commissioners' packets was a copy of the proclamation for "Dispatchers' Week". Fire Chief Aaron Holst introduced the new 9-1-1 Emergency Communications Director, Ms. Jennifer Hanson. Ms. Hanson briefly described how "Dispatchers' Week" came to be and stated that this year all Bozeman dispatchers will be commended equally. She concluded by stating her appreciation for the community support. Clerk of the Commission Sullivan read the proclamation into the record and presented it to Ms. Hanson on behalf of Mayor Stiff. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission concur in the proclamation of April 11 through 17, 1999 as "Dispatchers' Week". . 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. Proclamation - "Clean UD Bozeman Dav" - Aoril 24. 1999 Included in the Commissioners' packets was a copy of the proclamation for "Clean Up Bozeman Day". 04-05-99 - 2 - Mr. Christopher Nixon and Ms. Marianne Filloux, Bozeman Beautification Advisory Board, stated their appreciation for the support of "Clean Up Bozeman Day". Mr. Nixon noted that this year the Kiwanis Club will host a free barbecue for those who participate in the clean up. Clerk of the Commission Sullivan read the proclamation into the record and presented it to Mr. Nixon on behalf of Mayor Stiff. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission concur in the Mayor's proclamation of April 24, 1999. as "Clean Up Bozeman Day". 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. Ordinance No. 1489 - amendina ChaDter 6.08 of the Bozeman MuniciDal Code to revise Drovisions Dertainina to cruelty to animals and to add a Drovision Dertaining to interference with a Dolice doa Previously distributed in the Commissioners' packet was a copy of Ordinance No. 1489, as approved by the City Attorney, entitled: ORDINANCE NO. 1489 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS 6.08.010, 6.08.020, 6.08.040 AND 6.08.050, PROVIDING FOR DEFINITIONS, ENFORCEMENT OF THE OFFENSES OF INTERFERENCE WITH A POLICE DOG AND CRUELTY TO ANIMALS; AND PROVIDING FOR THE REPEAL OF SECTIONS . 6.04.150 AND 6.08.010. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1489, revising provisions pertaining to cruelty to animals and adding a provision pertaining to interference with a police dog, be finally adopted. 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. Ordinance No. 1490 - adding ChaDter 2.06 to the Bozeman MuniciDal Code to Drovide for establishment of a municiDal court. effective January 1. 2000. and reDealina ChaDter 2.28 Dertaining to city iudge Included 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". The City Manager stated that Section 2.06.050 of the ordinance establishes of the office of the municipal judge as a full-time position and specifically states that the judge will not be employed in addition to serving in this position. He noted there is some contention that this ordinance, as written, conflicts with the Montana Constitution and the State statutes, and that it would be possible to practice law elsewhere in the state or in another state. He then stated that the ordinance has been drafted in accordance with what staff viewed as the Commission's desire to have a full-time judge who can devote the time necessary to this position. 04-05-99 --... --.-- - .-...- --------.-.--- -----"..... - 3 - Responding to Commissioner Youngman, City Attorney Luwe stated that there are some employee positions in the City of Bozeman in which secondary jobs are prohibited, particularly if that secondary job were to create a possible conflict of interest or interfere with the performance of City employment. He then stated that the prohibition in this ordinance is based on Article VII, Section 9, which discusses the qualifications of the district court judge and prohibits the judge from other employment. He noted that the municipal section in the Montana law states the municipal judge must have the same qualifications as the district court judge, except for the number of years' experience as an attorney. He stated the restriction will . also help to ensure that the judge is available to handle calls for after hours needs, such as search warrants. He concluded by encouraging the Commission to retain this provision. Responding to Commissioner Rudberg, the City Attorney confirmed that the provisions in the ordinance are provided for in the municipal portion of the State law. He noted that the State law requires the temporary judge to reside within the county but also allows for a City to impose more restrictive requirements. He noted that an elected municipal court judge must be a resident of the city under the State statutes. Commissioner Rudberg indicated her support for requiring the substitute judge to reside within city limits. Responding to Mayor Stiff, the City Attorney reiterated that the State law requires the municipal judge to be a resident of the city, the same as a City Commissioner. He stated that staff drafted the ordinance to keep the requirement for both the municipal judge and the substitute judge consistent, but the Commission can revise that section if they so choose. Further responding to Mayor Stiff, the City Attorney stated the Commissioners may either adopt this ordinance on first reading and direct staff to bring back changes prior to second reading or delay adoption on first reading until after the changes have been made. He then recommended that, if the changes are relatively minor, this ordinance be adopted on first . reading and then amended prior to second reading. He cautioned against any significant delay in adopting this ordinance, particularly in light of the filing period for candidates for the position. City Judge Patricia Kyle Carlson commended the City staff and City Commission for pursuing the conversion to a municipal court from a city court, stating she feels it will be very beneficial for the City and for the community by providing a very stable court system. She stated, however, that the City Manager has identified the issues about which she is concerned. She encouraged the Commissioners to not limit the substitute judges to residents of the city, but allow them to reside in the county as provided under State statutes. She cautioned that the limitation contained in the ordinance as drafted would preclude one of the existing substitutes from serving in that capacity since he lives outside city limits. She noted that Bill Bartlett and Rob Brown have served as substitute judges for the past 3 + years that she has served as City Judge, and both of them have done outstanding jobs. She also noted that Rob Brown has been readily available to fill in as substitute judge since he is involved in mediation but does not have a full-time law practice. She expressed concern about the limitations that this provision would create, particularly in light of existing circumstances. City Judge Carlson raised the employment issue, stating she has a real problem with it. She forwarded her disagreement with City Attorney Luwe's position, noting that under the prohibition, as written, one "couldn't even take in laundry". She stated that if this were a large city, with large salaries involved, the provision might be acceptable; however, that is not the . case. She then cited Section 3-1-601, M.C.A., as follows: "(1) Except as provided in 3-1-604 and except for a judge pro tempore, no justice or judge of a court of record or clerk of any court may practice law in any court in this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions or patent rights or other proceedings before any department of the state or general government or any court of the United States during his continuance in office." She then cited Section 3-1-604, M.C.A., which states "No municipal court judge may practice law before his own municipal court or hold office in a political party during his term of office." The City Judge then reviewed the legislative history of these sections, noting that in 1983, HB415, allowing a municipal court judge to practice law in any court except the 04-05-99 - 4 - municipal court of that judge, was enacted on a unanimous vote. She noted the intent of tt, 5 bill was to allow a municipal court judge to practice law because it was recognized the salark 5 in this state are not generous. She suggested that, in light of this specific provision, the City does not right to further restrict outside employment. City Judge Carlson noted that she has been a practicing attorney since 1974, practici<' J in both state court and federal court, and she was a US magistrate judge for ten years. She noted that she has served as City Judge for 3 + years and, during that time, she has not . accepted any state court cases in Montana although she has maintained a small appeals practice, mostly in Florida. She characterized the outside employment as creating no conflicts with her position as judge since she remains readily available for late night and weekend calls, while keeping herself active and interested in other areas of the law. City Judge Patricia Carlson concluded by reminding the Commission that there are three branches of government, and the judge is the head of the judicial branch. She does not feel that the City should restrict the head of a branch in the manner being proposed in this ordinance; rather, the City should rely on the professionalism and ethics of the person elected to fill the position. Mr. Rob Brown stated he served as public defender for five years and, in recent years, has served as a substitute judge. He noted that, while he lives outside city limits and does not have a law practice, he is a partner in the Mediation Institute of Montana, which is located in downtown Bozeman. He noted that he intends to move back into the city limits at some time in the future but, in the meantime, he would like to continue serving as a substitute judge and that would not be possible under the ordinance as drafted. He stated that, while the substitute judge work is not a significant portion of his livelihood, it does give him an opportunity to serve the community. He encouraged the Commission to carefully consider the restriction currently in the ordinance, particularly in light of the number of attorneys who reside outside city limits and maintain practices inside city limits. He suggested that if the Commission wishes to limit residency beyond the statutory requirement that the substitute judge live within the county, . it could require that the substitute judge either live within city limits or actively maintain a business within city limits. Mr. Bill Bartlett stated he began serving as a substitute judge in the late 1980s, but has been able to serve less in recent years because of his private practice schedule. He noted that he sees no valid reason for limiting the residency of substitute judges. He then suggested that allowing the municipal judge to have a limited private practice could help to make that individual a better judge, noting that his serving as substitute judge has made him a better practicing attorney. He recognized that economics is a part of having an outside practice; however, he suggested that the challenges of that work can also help to improve the person and result in better judicial decisions. Commissioner Rudberg suggested that the ordinance be adopted as proposed, noting that under those provisions, the substitute judge should also be held accountable to the city taxpayers. She noted that if the City then encounters problems in obtaining substitute judges, the Commission could consider changes. She then indicated her support for the prohibition on outside employment, noting that the municipal judge position is a full-time position and the availability of that individual should not be based on a specific individual's track record; rather, the needs and demands of the position are the items to be considered. Commissioner Frost stated his support for revising the residency requirements for the . substitute judge to allow for non-residents to serve in that capacity. He then indicated that he would not object to outside employment if the ordinance could be written in a way that ensures the full-time judge actually serves in that capacity and does not leave the bench to a substitute judge to perform other outside work. Commissioner Youngman suggested that the restriction be rewritten to allow only a couple absences beyond normal leave time, which could allow for speaking engagements or writing briefs over weekends and, thus, give a little flexibility. She then voiced her support for the suggestion forwarded by Mr. Brown that the substitute judge either reside or practice in the city. 04-05-99 -----.- -. ----.--..--....-.. --.------- - 5 - Responding to the proposed revisions, City Attorney Luwe asked that the Commission either provisionally adopt the ordinance with direction to make the desired changes prior to final adoption or give him direction to make specific revisions and bring back the ordinance for consideration in two weeks. Commissioner Smiley stated she supports the prohibition on outside employment, cautioning that providing any type of flexibility could result in undesired monitoring. She then noted the conversion to a municipal court ensures that the City has a full-time judge and should . result in a better court system for the community. City Judge Carlson stated she has chosen not to work in Montana because she feels it would be inappropriate and create an appearance of impropriety. She then suggested that, under the requirement for a full-time judge, no specific hours are established; rather, the requirement is that the office be open. The City Judge then stated she has no quarrel with the proposed salary for the position; however, it is not adequate to support her two children. As a result, she must seek outside income; and that outside work helps to keep her active in other areas of the law. She then stated she does not feel it is appropriate or proper for the City to legislate this issue. She concluded by reminding the Commission that the judge is the head of a branch of government and stated her preference for working "in calm and serenity" and "side by side with the rest of government". Responding to Commissioner Frost, City Attorney Luwe stated that no vacation leave days are identified in the ordinance. He noted, rather, the days on which the judge is absent are to be addressed on a budgetary level, with monies budgeted for a substitute judge to cover a specific number of days. He suggested that amount can be based on a typical number of leave days plus historic data on the number of conflict cases encountered over a period of time. City Manager Johnson stated that the intent of creating a municipal court is to ensure . that someone is available from 8:00 a.m. to 5:00 p.m., Monday through Friday. He stressed, however, that the Commission may not establish times when the judge must be present. Commissioner Rudberg stressed that this ordinance must be written for not only now, but for the future as well. Responding to Commissioner Smiley, the City Manager stated that the Commission sets the salary for the judge position. He then indicated that his recommendation will be to set it at the same level as the staff attorneys, recognizing that the judge will not have any supervisory duties. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1490, adding Chapter 2.06 to the Bozeman Municipal Code to provide for the establishment of a municipal court, be provisionally adopted, and that staff be directed to bring back revisions to Section 2.06.120 to stipulate that substitute judges must either be a resident of the city or practice in the city, as suggested by Substitute Judge Rob Brown, 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 Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . Acknowledae receiDt of reauest for use of cash-in-lieu of Darkland monies for develoDment of Dark in North Meadows Subdivision Included in the Commissioners' packets was a letter from Nancy Characklis, Steve Daines and Chuck Hinesley, owners of property in the North Meadows Subdivision, dated March 1, 1999, requesting that the cash-in-lieu of parkland monies paid for this subdivision be earmarked for development of its park. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of the request for use of cash-in-lieu of parkland monies for 04-05-99 ....__n.____.._... . . .n _. . _... ._... ._.. - 6 - development of the park in North Meadows Subdivision and refer it to staff. 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. Discussion re develoDment of the 201 zoning in the "donut" Discussion re Dossible dissolution of interlocal aareement and the City-County Planning Board . Included in the Commissioners' packets was a memo from City Manager Johnson, dated April 5, forwarding questions and issues for discussion of both these agenda items. City Manager Clark Johnson stated these issues were discussed during last week's work session with County Commission. He noted that the City Commission has long been aware of the County Commission's intent to implement 201 zoning in the "donut", but was not aware of the possible dissolution of the interlocal agreement and the City-County Planning Board until that discussion. He reminded the Commission that during last week's work session, the County Commission asked for any written comments from the City, and he has forwarded several concerns and issues identified by City staff. He concluded by noting that the County Commission has received a recommendation from the City-County Planning Board regarding the 201 zoning but not about dissolution of the Board. Responding to Mayor Stiff, Assistant City Manager Ron Brey stated one concern voiced consistently over the past several years by residents in the "donut" area is that they are not adequately represented in the zoning process because the final decision rests with the City Commission, pursuant to State statute. He suggested that the County representation on the City-County Planning Board, which has also served as the City's Zoning Commission, addresses those concerns to a certain extent, but not enough to quell the expressions of dissatisfaction. He stated that under the proposed 201 zoning, the zoning issues in the extraterritorial . jurisdiction will be acted on by those for whom the residents may cast votes. The Assistant City Manager briefly highlighted some of the key issues to be considered, which include recognizing that modifications of requirements ranging from uses allowed in individual zoning classifications to setbacks and building heights that could be accomplished without running afoul of the adopted master plan. On that basis, he stated that he is quite comfortable with the proposal to implement 201 zoning. He cautioned that those properties developed under the 201 zoning will presumably one day be annexed to the city; and a completely different set of issues could arise if development of those properties were to occur without the existing master plan in place. Further responding to Mayor Stiff, the Assistant City Manager stated that the 201 zoning can take place under the City-County Planning Board, or the County can unilaterally choose to dissolve the agreement and appoint its own board. He stressed that, if the latter is to occur, it is important for the City to identify its concerns and provide suggestions. In response to additional questions from Mayor Stiff, Assistant City Manager Brey stated the grid system for the major street network previously identified, for both the city and the extraterritorial area, is part of the transportation plan, and the process for updating that plan is now beginning. He also reminded the Commission that the twenty-year facilities plans for the City's water and sewer systems have recently been completed and the combination of . those three plans will provide valuable information on where infrastructure will be available. Commissioner Rudberg stated she does not envision the conversion to 201 zoning as a huge issue, particularly with an agreed-up master plan in place. She also noted that if a property owner wishes to annex, that individual will be required to abide by City regulations and connect to the City's infrastructure, just like they are today. Assistant City Manager Ron Brey noted that under the existing master plan, urban density residential zones are located inside city limits, and are not allowed outside city limits. He stated, however, that commercial development is not so explicitly addressed; rather, specified locations acceptable for commercial development have been identified and very few 04-05-99 __.__n _ .. -......------..- -" -..-.--- ---. --....-...-." ... -. - - 7 - of those areas are outside the existing city limits. He reiterated that 201 zoning, in conjunction with the existing master plan, would probably be acceptable. Commissioner Rudberg reiterated her support for the proposed 201 zoning, noting it is what the residents want. She then noted the City can still identify the standards it requires for annexation, and require that they be met. As a result, she noted the property owner must determine how to develop his own property recognizing the potential of annexation in the future. . time. Assistant City Manager Brey noted that the master plan can change over a period of He noted that his chief concern is losing any formal input into those changes in the master plan, particularly if the result is urban density residential and commercial development that places additional traffic on city streets. Commissioner Smiley noted that the 201 zoning was originally taken from the City code, and then modified to reflect what is occurring in the "donut". She stated that the process of developing the proposed 201 zoning took several months and many meetings. Planning Director Epple stated the City-County Planning Board worked for six months on converting the municipal zone code into the county zone code and has forwarded its recommendation to the County Commission. He stated that the Board's understanding was that 201 zoning would address the concerns raised at the Gallatin County Study Commission, and it was also the Board's understanding that the zoning would be under the umbrella of the City-County Planning program and in compliance with the adopted master plan. He stated, however, the Board never considered the possibility of its dissolution. Commissioner Smiley stated she feels it is important to address affordable housing and coordinated park and trail development in the "donut" area. She voiced her interest in working with the County Commission to ensure continuity. . Commissioner Youngman stated her support for 201 zoning hinges on its operation under the City-County Planning program, with the City-County Planning staff and Board making recommendations to the County Commission for their final decision. She stressed the importance of retaining a joint structure, although she recognizes some slight modifications to the existing structure could probably make it work better. Commissioner Frost stated the issues of 201 zoning and dissolution of the City-County Planning Board are connected issues. He noted that without a joint City-County Planning Board, there is no master plan and no transportation plan, and the master plan needs to remain in place for the 201 zoning. He then expressed concern that the County is listening only to the county residents outside the city limits, and not to those county residents living inside the Bozeman city limits. He noted that the City must have input into what is happening around the city, and that can best be accomplished under a jointly adopted planning program. He suggested that a majority of the county residents will not get involved in this process because they are not interested. He then asked what will happen without a joint transportation plan and joint master plan, characterizing those as huge issues. He concluded by asking about the fiscal impacts this proposal might have on both city and county residents. Commissioner Smiley stated she does not believe those who spoke at the hearings knew about the possibility of dissolving the City-County Planning Board, although most of them did . indicate that they want the City out of their lives. Commissioner Rudberg stated she feels the County staff and the County Commission are qualified to make good decisions in the "donut" area. She cited recent efforts in the Four Corners area as an example of the County Commission's responsiveness to its residents. Commissioner Frost stated he does not want to have Bozeman become an island as a result of the County taking over the extraterritorial area, stressing that the city must be able to grow to be successful. He forwarded his interest in continuing to work with the County in a manner similar to what has been followed for the past forty years. 04-05-99 ----.---- --...--..-.- - - 8 - Commissioner Rudberg suggested that the City should now be concentrating on its own planning process and how to address possible future annexations, rather than discussing what the County is doing. Commissioner Youngman expressed concern that the issue of cost has not yet been addressed and suggested that the City accept input from city residents and discuss this matter with the County Commission. . Responding to the Commission, City Manager Johnson stated he would have a formal written response ready by Thursday addressing the concerns of the City. Apoointments to (a) Board of Adiustment. (b) Audit Committee. (c) Bozeman Area Bicycle Advisory Board. (d) Cemetery Board. (e) Desian Review Board. (f) Downtown Bozeman Imorovement District Board. (g) Recreation and Parks Advisory Board. (h) Tax Increment Financing Industrial District (TIFID) Board. and (I) Traffic and Pedestrian Safetv Committee Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated March 31, 1999, forwarding a listing of the applications on file. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission reappoint Vern Voegele to the Audit Committee with a two-year term to expire on February 28, 2001; reappoint Alexandra Phillips to the Bozeman Area Bicycle Advisory Board with a one-year term to expire on December 31, 1999; and appoint John J. East as a non- voting member on the Downtown Improvement District Board with a term to expire on June 30, 2001. 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. . Commissioner Youngman suggested that the Commission delay appointments to the Board of Adjustment until after the County makes its final determination on taking over the donut area. She suggested that if the County does assume jurisdiction of the "donut" area, members of this board should be city residents and the board should be reconstituted to reflect that change in make-up once the County has assumed jurisdiction. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Roy French be appointed to replace Morris Jaffe on the Board of Adjustment, with a term to expire on December 31, 1999. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Frost; those voting no being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Gus Pfaehler be appointed to replace Morris Jaffe on the Board of Adjustment, with a term to expire on December 31, 1999. 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. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Connie Staudohar be appointed to replace Charles Fritz and Carson Taylor be appointed to replace Dorothy Burkenpas on the Cemetery Board with terms to expire on December 31, 2001. 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. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Daniel J. Glenn be appointed to replace Walt Willett as an architect, Dick Pohl be appointed to replace Roger Cruwys as landscape architect, and Joanne Mannell Noell be appointed as architectural historian on the Design Review Board with terms to expire on June 30, 2000. 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. 04-05-99 - 9 - It was moved by Commissioner Youngman, seconded by Commissioner Frost, that Mary B. Vant Hull be appointed to replace Mike Dawkins on the Recreation and Parks Advisory Board, with a term to expire on December 31, 2000. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Frost; those voting No being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Gwen S. Peterson be appointed to replace Mike Dawkins on the Recreation and Parks Advisory Board, . with a term to expire on December 31,2000. 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. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter of resignation from the Cemetery Board, dated March 29, 1999, as submitted by Dorothy Burkenpas. (2) Letter from Anna Epp, Director/Operator of the Gallatin Valley BMX, regarding the use of the Haynes monies. (3) Copy of a letter from the Museum of the Rockies to the Camp Commander at . Camp Chapman, dated March 25, in response to the request for information on the cannon on display at the Museum. (4) Copy of a letter from Damschen and Associates to the Engineering Department, dated March 23, 1999, forwarding a report on the annual engineering inspection of the old landfill closure area. (5) Copy of a letter from the City Manager to the Gallatin Development Corporation, dated April 1, regarding the administrative fee for the revolving fund. (6) Snowpack report for the Gallatin River basin, as of April 5, 1999. (7) Memo from Special Projects Coordinator James Goehrung, dated March 29, forwarding a brief overview of the public hearing he conducted on Tuesday evening for the HOME and CDBG programs. (8) Invitation to attend the luncheon for Judges Olson and Salvagni, to be held at the Elk's Club on April 29. (9) Legislative Bulletin from the Montana League of Cities and Towns, dated April 1. . (10) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on March 24. (11) Memo forwarding the agenda for the Pedestrian and Traffic Safety Committee meeting to be held on April 7 at the Community Room of the Courthouse, along with the minutes from their March 3 meeting. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 6, in the Commission Room. 04-05-99 - ...----.-.- - 10- ( 13) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 6, in the Commission Room. (14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 6, at the Courthouse. ( 15) City Manager Johnson submitted his weekly report, as follows. ( 1) Stated he may need to testify in Helena on a bill to reimburse local governments for reductions from other . taxation bills later this week. (2) Announced that census work will begin this week, with people going door to door, and noted this may generate calls to the Commissioners. ( 16) Commissioner Frost asked that a discussion item be placed on the agenda regarding the return of variances for signs to the Commission rather than the Board of Adjustment, particularly in light of telephone calls he has received about recent decisions. Following discussion, a majority of the Commissioners did not support bring back a discussion to return variance decisions on signs to the Commissioners but did support a review of the sign code, and asked that a copy of the code be provided to them. Commissioner Smiley asked what type of training is being given to the Board of Adjustment, suggesting that training could help to address the concerns that have been identified. ( 17) Commissioner Youngman submitted the following. (1) Attended the Recreation and Parks Advisory Board meeting last week. (2) Asked if any other Commissioners plan to attend the special lunch for the Victim Witness program, at which Judge Olson and Judge Salvagni will be honored. (18) Commissioner Rudberg submitted the following. (1) Noted that the annual report . on the landfill closure is good. She questioned the need to monitor the closure for thirty years, citing that requirement as a good example of unfunded mandates. (2) Noted that the minutes from the Cemetery Board meeting are well done. (3) Asked Commissioner Youngman about the statistics in the Library Board's latest report, noting they reflect a significant drop in the number of card holders. Commission Resolution No. 3283 - amendina the fee for the cash-in-lieu Dayment oDtion by increasina the Der SDace fee from $3.000 to $5.000 and revisina Dayment Drovisions Included in the Commissioners' packets as 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-LIEU 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. Ms. Kendall Johnson, Downtown Bozeman Association, requested Commission . Resolution No. 3283, amending the fee for the cash-in-lieu payment option, be tabled until after the Downtown Improvement District Board meeting. She stated that the Board recognizes that the current fees are not adequate to cover the costs of new spaces, but they are concerned about the significant increase being proposed. She also noted that they are concerned about how these increased costs might impact the downtown and the implementation of the urban renewal plan. Commissioner Smiley noted that the actual costs of providing a new parking space have been identified at nearly $10,000, and the proposed increase will still cover only a portion of those costs. 04-05-99 .- -.--.----- .n..____.______ ---.-- - 11 - It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that action on Commission Resolution No. 3283 will be oeferred to the April 19 Commission meeting. 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. Consent Items . City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receiDt of staff reDort - aDDlication to annex 2.3639 acres located in the E%. E%. SE%. SW%. Section 35. T1S. R5E. MPM (northwest corner of Thomas Lane and Baxter Lane) (A-990 1 ) Commission Resolution No. 3282 - intent to annex 2.3639 acres located in the E%. E%. SE%. SW%. Section 35. T1S. R5E. MPM (northwest corner of Thomas Lane and Baxter Lane): set public hearina for May 3. 1999 COMMISSION RESOLUTION NO. 3282 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Authorize City Manager to sian - Communication Site Sublease Aareement - between Touch America and the City of Bozeman and Gallatin County (for Nixon Beacon Microwave ReDeater Site) Proclamation - "National Library Week" - ADril 11-17. 1999 Commission Resolution No. 3284 - authorize City Manager to sian - Chanae Order No.1 for installation of water main in 2300 block of West Beall Street - add $2.280.00 COMMISSION RESOLUTION NO. 3284 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH BIG X, INC., BOZEMAN, MONTANA. Commission Resolution No. 3285 - authorizing issuance and calling for Dublic sale of $150.000 SpeciallmDrovement District No. 664 bonds: authorizing the pledge of the Revolvina Fund to the security thereof COMMISSION RESOLUTION NO. 3285 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING THE $150,000 SPECIAL IMPROVEMENT DISTRICT NO. 664 BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF AND AUTHORIZING THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY THEREOF. Commission Resolution No. 3286 - Dertaining to sale of $1.488.000 SDecial ImDrovement District No. 665 bonds 04-05-99 - 12 - COMMISSION RESOLUTION NO. 3286 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $1,488,000 SPECIAL IMPROVEMENT DISTRICT NO. 665 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Authorize Mayor to sign - FindinQs of Fact and Order - Dreliminary olat for . Sundance Serinas PUD Subdivision. Phases IIA and liB - subdivide 67.82 acres located at northeast corner of intersection of South Third avenue and Goldenstein Lane into 75 lots for sinale-family residential develoDment (P-9841 ) Authorize Mayor to sian - FindinQs of Fact and Order - Dreliminarv Dlat for Rose Park Subdivision - subdivide Lot 4. Annie Subdivision. Phase II. located at the southeast corner of intersection of West Oak Street and North 25th Avenue extended. into 24 lots for multi-family residential develoDment (P-9843) Authorize Mavor to sian - Findinas of Fact and Order - oreliminarv olat for Allison Phase I Minor Subdivision - subdivide 112.21 acres located along Arnold Street. north of the MorninQ Star Elementarv School into four sinale-familv residential lots and one 111.02-acre remainder lot (P-9859) Authorize Citv Manaaer to sign - AcceDtance of Sewer and Water PiDeline and Access Easement and Agreement - Accola Ranch. Inc. - 30-foot-wide easement across Tract E-1. COS No. 1827 (for Northwest Waterline) Authorize Citv Manaaer to sign - Acceotance of Sewer and Water Pioeline and . Access Easement and Aareement - Gallatin Center Limited Partnershio - 30-foot-wide easement across Tracts C-2 and D-1. COS No. 1827 (for Northwest Waterline) Authorize Citv Manaaer to sian - AcceDtance of Water PiDeline and Access Easement and Agreement - CaDe-France. Inc. - 30-foot-wide easement across portion of Tract D. COS No. 1240-F (along StoneRidae Drive between West Oak Street and Tschache Lane) Authorize City Manager to sign - Acceotance of Water Pipeline and Access Easement and Aareement - Cape-France. Inc. - 30-foot by 60-foot easement alona south side of Baxter Lane. east of North 19th Avenue Authorize expenditure of $9.534.58 as oartial reimbursement for costs billed bv the State of Montana Deoartment of Environmental Quality for the Bozeman Solvent Site for the oeriod ADril 1 through June 30. 1998 Claims It was moved by Commissioner Frost. seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman. Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No. none. Recess - 5:30 o.m. Mayor Stiff declared a recess at 5:30 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing. 04-05-99 -----.-.----.-.---- ~.... - 13 - Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearina - COA with deviations from Sections 18.50.160 and 18.50.050.F.1 of the Bozeman MuniciDal Code. and Administrative Policy 94-06. to allow renovation of second story . 01 existing garage which encroaches 10 leet into reo~ired 10-loot rear yard setback on Lots 1. 2 and 3. Block 4. Butte Addition. into a 740-sauare-foot auest house - Kvle A. Cahall. 801 South Grand Avenue (Z-9920) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.50.160 and 18.50.050.F.1 of the Bozeman Municipal Code and Administrative Policy 94-06, as requested by Kyle A. Cahall under Application No. Z-9920, to allow renovation of the second story of an existing non-conforming three-car garage which encroaches 10 feet into required 10-foot rear yard setback on Lots 1, 2 and 3, Block 4, Butte Addition, into a 740-sQuare-foot guest house without cooking facilities, which exceeds the 600-sQuare-foot limitation. The subject property is more commonly known as 801 South Grand Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He noted that the applicant is proposing renovation of the second story of an existing three-car garage and its conversion into a guest house. He stressed that this will not be a second dwelling unit, and noted that some of the recommended conditions for approval are designed to ensure that it remains a guest house. The Historic Preservation Planner reviewed the deviations in conjunction with this . application, noting that the existing garage encroaches into the rear yard setback. He also indicated that the proposed guest house exceeds the size limitation contained in the administrative policy. Commissioner Smiley expressed concern that the Commission is once again considering a deviation to an administrative policy that has not been brought back for consideration by the City-County Planning Board and the City Commission, either as an administrative policy or as a zone code amendment. Historic Preservation Planner Strahn stated that the Planning staff is reviewing the repeat deviations for non-conforming structures and lot widths and other items over which the applicant has no control, in an effort to determine possible methods for streamlining those items. In response to Commissioner Smiley, City Attorney Luwe stated that administrative policies are interpretations of existing code provisions, and noted that a deviation from a policy is technically a deviation from a zone code provision. He noted the administrative policy is being consistently applied, although he recognized that the deviation should have been identified as a deviation from the code rather than the administrative policy. Further responding to Commissioner Smiley, Planner Strahn stated that the square . footage allowed for a guest house is related to the allowable size of an accessory structure and the minimum size of a single-family structure. Commissioner Rudberg expressed concern that staff has not yet responded to previous Commission direction to bring back the administrative policies and proposed that the Commission direct them to do so within thirty days. Mr. Kyle Cahall, applicant, indicated a willingness to respond to Questions. 04-05-99 ---------.-- - 14 - Responding to Commissioner Rudberg, Mr. Cahall stated he is aware of the snow being piled in the alley, although he does view that practice as strange. He also noted that with the slight slope in the alley, that can cause problems, and he has cleaned the alley himself to avoid a dangerous problem. Commissioner Rudberg noted that this alley is well used, particularly since many of the residents in this area use it to access their garages. She then stated that the residents in this area are very cooperative and encouraged Mr. Cahall to be a good neighbor by identifying a . snow removal area that will not negatively impact other residents. No one was present to speak in support of or in opposition to the application. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.160 and 18.50.050.F.1 of the Bozeman Municipal Code and Administrative Policy 94-06, as requested by Kyle A. Cahall under Application No. Z-9920, to allow renovation of the second story of an existing non-conforming three-car garage which encroaches 10 feet into required 10-foot rear yard setback on Lots 1, 2 and 3, Block 4, Butte Addition, into a 740- square-foot guest house without cooking facilities, which exceeds the 600-square-foot limitation, subject to the following conditions: 1. As per the definition outlined in Section 18.04.800 of the Bozeman Municipal Code, the proposed second story guest house: a. shall be used to house guests of the occupants or the principal building; . b. shall never be rented or offered for rent; and c. shall contain no cooking facilities. 2. If and when cooking facilities are proposed to be added to this guest house, or when the guest house is rented or offered for rent, the owner of record shall seek and obtain a conditional use permit from the City of Bozeman for the creation of an accessory dwelling unit as per stipulations outlined in Section 18.50.020.C.12 of the Bozeman Municipal Code. 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. 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 . Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Commissioner Rudberg asked that staff bring back, within thirty days, a timeline for getting the administrative orders either into the zone code or eliminated; a majority of the Commissioners concurred. Executive Session re litiaation strategy - Bozeman Solvent Site Mayor Stiff announced his intent to close the meeting and enter into executive session, 04-05-99 ---------- - 15 - under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation strategy pertaining to the Bozeman Solvent Site, noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating position of the City in the case of Jewel v. City of Bozeman. At 7:20 p.m., Mayor Stiff called an executive session for the purpose of discussing litigation strategy and asked all of the persons except the City Manager, Assistant City Manager, City Attorney Luwe, Attorney Barry O'Connell, Director of Public Service Forbes and Clerk of the Commission to leave the room. . At 8:20 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Adjournment - 8:20 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 Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. AL~I~ r~ ATTEST: ~'- - . ~ oE~ ROBIN L Sl1ttt 'AN~: ..:c' - . Clerk of tl1e~~o~m:rs-~K)Q' , ,- ".,--. : ..: ,~_/~,::" - .- . 04-05-99 -- -------------