Loading...
HomeMy WebLinkAbout1998-08-03 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 3, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 3, 1998, 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. 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. ADril 6. June 1. June 8. June 15. June 29. July 20. and July 27, 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . minutes of the meetings of July 20 and July 27, 1998, 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 April 6, June 1, June 8, June 15 and June 29 to a later date. Commissioner Rudberg requested that the oldest minutes be completed first. Discussion - settina of time and elace for hearina the aDDeal of the decision of the ImDact Fee Review Committee, forwarded by Lowell Seringer on behalf of Don Bockhahn for Carson Place Included in the Commissioners' packets was a letter from Mr. Lowell Springer, dated . July 27, notifying the Commission of his intent to appeal the Impact Fee Review Committee's decision regarding the Carson Place Townhouses. City Manager Johnson reminded the Commission that a similar request was previously submitted and the hearing was set for September 8 and suggested that the hearing on this request also be set for September 8. 08-03-98 ------------ - 2 - Commissioner Rudberg asked if the same requirements would apply to this item as were placed on the previous application, noting those include the requirement that all materials be submitted by the applicant not later than August 21 and that all materials be included in the Commissioners' packets for the August 31 meeting. . The City Manager indicated that those requirements should be attached to this application. He then noted that today he received the information on the other application from Joby Sabol, attorney representing the applicant. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission set the hearing on the appeal for September 8, with the understanding that the applicant's representatives will submit their written arguments no later than August 21, with those arguments and staff responses to be included in the packets for the August 31 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. . Ordinance No. 1475 - Salarv ordinance for City Manager for Fiscal Year 1998-1999 Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1475, as approved by the City Attorney, entitled: ORDINANCE NO. 1475 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REOUIRED BY LAW. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1475, setting the salary for the City Manager for Fiscal Year 1998-1999, be finally adopted. 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. 1476 - Salarv ordinance for heads of departments and emplovees of City Commission for Fiscal Year 1998-1999 Included in the Commissioners' packets was a copy of Ordinance No. 1476, as approved by the City Attorney, entitled: 08-03-98 - 3 - ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, FIXING THE MONTHL Y SALARY OF THE HEADS OF DEPARTMENTS OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that . Ordinance No. 1476, setting the salaries of the heads of departments for Fiscal Year 1998. 1999, be provisionally adopted and brought back in two weeks for final adoption. 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. City Attorney Luwe noted that at last week's meeting, he indicated that State law requires that the Commission establish the official bonds for each of these positions. He stated that, as of July 1, the City has become a part of the Montana Municipal Insurance Authority's property insurance program, which includes official bonds for employees at a higher level than those previously established by ordinance. He stated that, as a result of this change in insurance coverage, he had requested that the official bonds be removed from the annual salary . ordinances and included in a separate ordinance. He noted that, in light of some concerns that arose as he reviewed the State statutes, that ordinance has not been prepared for Commission action; however, the bond coverage is in place. He assured the Commission that the ordinance establishing the official bonds for these positions will be forthcoming within the next few weeks. Mayor Stiff stated that he met with the City Attorney regarding his concerns about insurance coverage for Commissioners and was satisfied with the answers. Ordinance No. 1477 - Revising various sections of the Subdivision Reaulations to Drovide for revisions to correct housekeeping errors: provide for extension of the review period for preliminarv plats: provide a revised formula for determining parkland reauirements: and add Chapter 16.39 to add the Gallatin Countv Road Impact Fee reaulation . Available for Commission review was a copy of Ordinance No. 1477, as approved by the City Attorney, entitled: ORDINANCE NO. 1477 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 16.04.440, 16.08.040, 16.08.050, 16.10.030, 16.10.050, 16.10.070, 16.12.020, 16.12.040, 16.14.030, 16.14.070, 08-03-98 ---".. . -------- ~ 4 ~ 16.14.090, 16.14.100, 16.14.120, 16.14.130, 16.16.010, 16.16.070, 16.18.030, 16.18.050, 16.20.020, 16.20.030, 16.20.040, 16.22.020, 16.22.040, 16.26.020, 16.26.030, 16.26.040, 16.30.010, 16.30.060, 16.30.070 AND CHAPTER 16.38, RENUMBERING SECTION 16.20.050 TO 16.20.030 AND ADDING SECTION 16.04.335 AND CHAPTER 16.39, AS CONTAINED IN ORDINANCE NO. 1450, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED; PROVIDING FOR REVISIONS TO CORRECT HOUSEKEEPING ERRORS IN ORDINANCE NO. 1450; PROVIDING FOR . EXTENSION OF THE REVIEW PERIOD FOR PRELIMINARY PLATS; PROVIDING A REVISED FORMULA FOR DETERMINING PARKLAND REQUIREMENTS; AND ADDING THE GALLATIN COUNTY ROAD IMPACT FEE REGULATION TO THIS CHAPTER. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1477, revising various sections of the Subdivision Regulations, 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 Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Pledaed Securities as of June 30. 1998 In compliance with the provisions of Sections 7~6~201 to 7-6-212, Montana Code . Annotated, Commissioner Smiley and Commissioner Rudberg have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of June 30, 1998, listed as follows: DEPOSITORY BONDS AND SECURITIES JUNE 30. 1998 RATE MA TURITY RECEIPT NO. TOTAL AMOUNT . FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 TOTAL. First Security Bank - Bozeman $ 100,000.00 08-03-98 - 5 - AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: . U.S. Treasury Note 7.125 10/15/1998 80768 $ 200,000.00 U.S. Treasury Note 7.00 04/15/1999 80775 200,000.00 Federal Nat'l Mortgage Assn 8.55 08/30/1999 182008672 100,000.00 Federal Home Loan Bank 5.45 02/25/2000 243001736 1,500,000.00 Federal Nat'l Mortgage Assn 6.05 03/1 2/2001 303000025 1.000.000.00 Sub.total - Trusteed bonds and securities $ 3.000.000.00 TOT AL - American Bank - Bozeman $ 3.100.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 1998, by the banks of Bozeman and approve and accept the same. . ALFRED M. STIFF, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner SANDRA L. SMilEY, Commissioner MARCIA B. YOUNGMAN, Commissioner 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 - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 11 Memo from Clerk of the Commission Sullivan, dated July 29, forwarding the evaluation forms for her position. 08-03-98 ~ 6 ~ (2) Memo from the Clerk of the Commission, dated July 30, forwarding information regarding the rescheduling of the Story Mill Trail dedication. (3) Copy of the list of projects identified in April 1997 for Community Transportation Enhancement Program (CTEP) monies. . Responding to Commissioner Rudberg, the City Manager stated that a presentation on the CTEP program is scheduled for next week's work session. Commissioner Rudberg expressed concern that some of the projects listed are on private property, and she feels it is inappropriate to use these monies for improvements on those properties. (4) Letter from the Montana Department of Transportation, dated July 22, regarding grants under the Public Lands Discretionary Program. Mayor Stiff questioned whether the City is in a position to try to take advantage of this program, under which $110 million in monies are available for projects in Fiscal Year 1999. Commissioner Rudberg voiced strong concern about the short timeline provided, noting that in a letter dated July 22, City Commissions are given until August 7 to forward an initial . response, with the MOOT to submit projects for grant funds by September 1. She then suggested that this is an issue which Commissioners should discuss with their legislators. She then stressed that this short timeline does not give any local governing body the time to receive public input, cautioning that a project, no matter how good it might be, could become a real issue if it were undertaken without an opportunity for public comment. Assistant City Manager Ron Brey stated that it does not appear the City is in a position to take advantage of this opportunity this year, but suggested that next year it may be prepared to do so. He noted that since this program is identified for construction phase projects, all environmental assessments and public input processes must be complete and the project "on the shelf" awaiting this type of opportunity. He then indicated his intent to forward this information to Neighborhood Coordinator/Grantsperson James Goehrung for his review. . (5) Letter from Alcohol & Drug Services of Gallatin County, dated July 21, 1998, announcing that it will receive a grant in the amount of $30,000 and forwarding excerpts from an article entitled Drug Courts: A Personalized Form of Justice. (6) Letter from Alcohol & Drug Services of Gallatin County, dated July 24, 1998, announcing that the first meeting for the Gallatin County Drug Court Planning Initiative is 08-03-98 - ....----- - 7 - scheduled for noon on Thursday, August 20, and forwarding an article entitled Group Slams Drug War, Touts Treatment. Commissioner Rudberg stated her intent to attend this meeting. She then stressed the importance of all City Commissioners being aware of what is happening in this program and . encouraged them to plan to attend at least one of these meetings. Mayor Stiff stated he also plans to attend the August 20 meeting. (7) Copy of a letter from the Regional Manager of the Bozeman Water Resources Regional Office, dated July 28, asking that the City identify a representative to serve on the Well Permit Review Board for the Bozeman Solvent Site Controlled Groundwater Area. Commissioner Rudberg expressed concern about how this might impact area residents. She cautioned that a permit to drill a well within the plume will cost $200. She also expressed concern that it may become very difficult to drill a well in this area, at a time when the amount of contamination is lower than it was a few years ago, when it was much easier to drill a well for irrigation purposes. City Manager Johnson stated that City Engineer Craig Brawner will serve as the City's . representative on the Well Permit Review Board. He then indicated he is uncertain about the time that serving on this board will take; however, he noted that the board will be responsible for reviewing and acting on every application for drilling of a well within the controlled groundwater area. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 4, in the Commission Room. (9) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 4, in the Commission Room. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 4, at the Courthouse. (11 ) The City Manager submitted his weekly report, as follows. (1) Attended a . special Board meeting for the Bozeman Area Chamber of Commerce last week. He noted that they are encountering problems in getting their new building under construction. He then stated that he reminded them of a couple conditions for approval of their final site plan which may also create problems for them, including the requirement that the traffic signal at the intersection of North 19th Avenue and Baxter Lane must be installed and the requirement for 08-03-98 -------.-- -....----- - 8 - installation of infrastructure around their building. (2) Stated that on Wednesday night, he and Commissioner Smiley met with people that live in the neighborhood of Centennial Park regarding their desire to have playground equipment installed in the park. He noted that the neighbors have expressed a willingness to conduct fundraising activities and provide in-kind . services. (3) Rode with law enforcement on Saturday evening. (4) Stated that several staff members will be on vacation over the next few weeks. ( 12) City Manager Johnson stated he attended a 9-1-1 Board meeting last week, at which time they interviewed another candidate for the Director position. He stated the position is still open, and the upper end of the salary range has now been increased to $51,000. Mayor Stiff encouraged the Board to consider local people instead of trying to attract someone from out of state. The City Manager responded that sixty applications were received when this position was initially opened, and several of them were no longer interested in the position when the Board began the interviewing process. He noted that the Board is very interested in hiring locally if at all possible. . The City Manager stated that Administrative Services Director Gamradt and County Fiscal Officer Ed Blackman are meeting today in an effort to identify all of the 9-1-1 costs and funding issues, in response to several questions which he and County Commissioner Murdock have raised. He cautioned that the City may be asked to contribute additional monies to this program so that it can become operational. (13) City Attorney Luwe submitted the following. (1) Encouraged any interested Commissioners to tour the existing dispatch area and the new 9-1-1 center. (2) Stated that last week, the Chronicle was successful in its request for release of information regarding the Wolny case. He stated that 444 pages of information was filed with the Court today and was to be released to the Bozeman Daily Chronicle today. (14) Commissioner Frost congratulated Commissioner Youngman on receiving the . Montana Business and Professional Women's Woman of the Year award. (15) Commissioner Youngman stated she has been working with City Manager Johnson and Recreation Superintendent Sue Harkin in organizing the Commission's entry in the Sweet Pea parade. She noted that, in keeping with the theme of "Stop and Smell the Flowers", banners should be prepared for the sides of the truck which name those groups and 08-03-98 . ~---_. ,..- - 9 - individuals who have contributed to the community by planting flowers in public places. She noted that a list of nineteen groups and several individuals has been developed. She also noted that the Recreation Superintendent has organized children from several of the recreational programs to march beside the City vehicle, and the Commissioners will be responsible for . providing adult supervision for those children during the parade. Commissioner Smiley stated that she will make leis for the Commissioners to wear in the parade. (16) Mayor Stiff submitted the following. (1) Noted that the flowers in front of City Hall are beautiful this year. (2) Stated his appreciation for Commissioner Rudberg's willingness to assume the duties of City Commission appointee to the City-County Board of Health, particularly when it is so active. (17) Commissioner Smiley submitted the following. (1) Announced that on Thursday, August 13, and Thursday, August 27, hearings are to be held on the extraterritorial zoning jurisdiction. (2) Noted that two couples attended the Wednesday night meeting regarding Centennial Park. She noted that they are very interested in proceeding with efforts to raise . funds for playground equipment for the park. (18) Commissioner Rudberg announced that a task force will begin meeting from 7:00 to 9:00 p.m. on the second Wednesday of every month, as an off-shoot of the detention center task force. She suggested that, since the City is a major player, each Commissioner should plan to attend at least one of those meetings. Commissioner Smiley stated that she and Commissioner Rudberg toured the existing detention center. She noted that she had previously toured both the City jail, in the basement across the alley, and the County jail, adjacent to the Courthouse, and characterized both of those facilities as being preferable to the existing detention center. Commissioner Rudberg stated that, while she does not believe in coddling prisoners, she recognizes the untenable situation in which the existing detention center puts both prisoners . and employees. (19) Commissioner Rudberg noted that one of the items on the agenda for the August 6 meeting of the Recreation and Parks Advisory Board is discussion about parking on the grass. She then asked if this is in response to the Farmers' Market, which has outgrown the Bogert 08-03-98 - 10 - Park. She proposed that this event be moved to the Fairgrounds, noting that it is not just limited to produce and flowers, but has been expanded to include arts and crafts as well. (20) Commissioner Rudberg asked that at the August 6 meeting of the Recreation and Parks Advisory Board, they be asked to consider identifying a member to participate in a . community-wide group to address the issues surrounding the use of trails. She stated this is in light of the letter which the Commissioners received last week from Mr. Randy Wold. She stressed that many different people with differing viewpoints contact Commissioners and she feels it is important for them to get together and develop a policy that can be understood and accepted by others. She noted that one concern she has heard recently revolves around knapweed and the problems it can create when it is not killed and the seeds are carried on feet and bicycle tires to other portions of the community. She then indicated a willingness to help organize a broad-based community group to consider the issue, recognizing how busy the Board is. (21 ) Commissioner Rudberg noted that in last week's packet, the Commissioners received a copy of the tentative agenda for the League of Cities and Towns Conference to be . held in West Yellowstone in October. She then asked if any Commissioners plan to attend that conference or the Montana Disaster and Emergency Services meeting in Helena. Commissioner Smiley stated she may attend a couple of the sessions in Helena, but she does not plan to attend all three days. (22) Commissioner Rudberg voiced concern about one of the remarks in the minutes from the Library Board meeting regarding no extra money for substitute hours in this year's budget. She stressed that the budget for the Library contains a 3-percent increase over last year's. She also expressed concern about the letter from the Library Director indicating that she does not want to see the City's contribution decreased if the County's contribution is increased. She noted that the monthly reports for the Library reflect the usage of the library is almost evenly split between city and county residents, but the city taxpayers contribute . significantly more to the program than the county taxpayers. Consent Items City Manager Johnson presented to the Commission the following Consent Items. 08-03-98 ----------- - ------ .-:-=;:tI"'I"-..- --....--.- - 11 - Authorize City Manaaer to sign - Temporarv 1 OO-foot-diameter Street Easement for Bozeman Interfaith Housina II Minor Subdivision. Lot 3 Commission Resolution No. 3253 - Authorize City Manager to sign - Change Order No. 1 for Sludae Laaoon Rehabilitation/Expansion - Williams Plumbing & Heating. Bozeman. Montana - add $8.212.73 and 0 calendar days . COMMISSION RESOLUTION NO. 3253 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING. Authorize Mavor to sian - Findings of Fact and Order for Tanae Minor Subdivision to create Amended Plat of Block 3. Tanae's Subdivision - subdivide 20.2 acres into five lots for commercial development (lving between Baxter Lane and West Oak Street. generallv between North 9th Avenue and North 11th Avenue extended) (P.9827) Approval of Scope of Services for Transportation Plan Update Application for Restaurant Beer and Wine License - Stromboli's. 1216 West Lincoln Street - Calendar Year 1998 Application for Restaurant Beer and Wine License - Burrito Shop. 203 North 7th Avenue - Calendar Year 1998 Authorize City Manager to sign - Contract for Services with Jason Smith. . Advanced Development Consultina - consulting agreement for 9-1-1 Administrative Board Authorize use of annual leave - Clerk of the Commission Sullivan. Auaust 24- 26. 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. 3:50 p.m. . Mayor Stiff declared a recess at 3:50 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the 08-03-98 - ---------------- -------- -.-.,,--.--- - 12 - scheduled public hearings. Public hearing - Commission Resolution No. 3249 - intent to annex 8.75 acres described as Tracts 2. 3 and 4. Van Horn Subdivision. located in the SW%. Section 11. T2S. R5E. MPM (lvina along east side of Fowler Avenue between West Babcock Street and the Bozeman Ponds) (A-9805) . This was the time and place set for the public hearing on Commission Resolution No. 3249, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3249 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF ANDTHE 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. Mayor Stiff opened the public hearing. Associate Planner Olsen presented the staff report. She stated the applicants propose to annex 8.75 acres of land located along the east side of Fowler Lane between The Bozeman Ponds and West Babcock Street. She noted the property has a master plan land use . designation of Urban Residential Infill, which is appropriate for annexed property. She noted, however, that the subject parcel currently lies in County Zoning District No.1, so the applicant must apply for a zone map amendment prior to annexation. The Associate Planner stated that this annexation has been reviewed in light of the four goals and eleven policies contained in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. She briefly reviewed those findings, noting that the proposed annexation complies with Goal Nos. 1 and 4, and Goal Nos. 2 and 3 do not apply to this annexation request. She noted that the annexation does not violate any of the policies set forth in the resolution. . The Associate Planner reminded the Commission that Tracts 3 and 4 of the Van Horn Subdivision were the subject of a proposed annexation in 1994. She noted that the annexation agreement was never completed and ownership of the property has changed since that time. Because of those changes, the City Attorney has determined that a new annexation application and process was needed to proceed with annexation of this parcel. 08-03-98 - ,.-. .. .------- - 13 - Associate Planner Olsen stated that, as a result of staff findings, the staff is forwarding recommendation that the annexation agreement for this parcel address the following thirteen issues: 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of . Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be void. 2. An annexation map with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar (18" x 24") for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map must be acceptable to the Director of Public Service, and shall be submitted with the signed Annexation Agreement. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, prior to annexation. 4. The Annexation Agreement shall include executed waivers of right to protest the creation of special Improvement districts/rural improvement districts for: a. A City-wide park maintenance District, which would provide a mechanism for the fair and equitable . assessment of maintenance costs for City Parks; b. Improvements to West Babcock Street and/or Fowler Lane, including paving, curb and gutter, sidewalks and storm drainage facilities. c. Signalization at the intersection of West Babcock Street and Fowler Lane. 5. The landowner shall make application for a Zone Map amendment for an appropriate zoning designation, and that the application be approved by the Bozeman City Commission in accordance with applicable law(s). 6. That the applicant provide documentation of the appropriate payback to S.I.D. No. 621 for use of the existing sanitary sewer. 7. That the applicant provide documentation ot the appropriate payback to S.I.D. No. 622 for connection to the existing water main. 8. The two existing structures on the subject property shall be connected to City water distribution and sanitary sewer collection facilities, and the appropriate impact tee paid, upon annexation. . 9. Fire and street impact fees, for the existing structures on the subject property, shall be paid upon annexation of the property. Sewer and water impact fees shall be paid at the time the existing structures apply for connection to the City's water and sewer facilities. 10. The applicant shall provide easements, for the following street rights-ot- way, which are contiguous with the boundary of the annexation area: a. South one-halt of West Babcock Street - Forty-five (45) feet 08-03~98 - 14 - b. East one-half of Fowler Lane - Fifty (50) feet c. For the extension of Ravalli Street - Sixty (60) feet There is an existing thirty-three (33) foot wide strip of land located immediately east of the section line in Fowler Lane. Information regarding the ownership of this 33 foot wide strip shall be provided at the time of annexation. The applicant's share of the Fowler Lane street . right-of-way easement may only be seventeen (17) feet. 11. The developer is advised that prior to any future development of this property, the Developer's engineer shall be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and/or sewer system improvements required for full development. The developer shall be responsible for completing the necessary system improvements to serve the full development. 12. The developer is advised that a detailed traffic analysis report(s) will be required at the time of future development. 13. The developer is advised that a stormwater master plan for the annexation area, for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets, must be provided to and approved by the City Engineer at the time of . development. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The Associate Planner stated that, to date, the Planning Office has received on public comment on this application. She then reviewed a map of the site and the immediate area, noting that one small parcel in the southeast corner of the intersection of West Babcock Street and Fowler Avenue is not included in this annexation application because it is already annexed. Mr. Lonny Walker, representing the applicant, reminded the Commission that this parcel was approved for annexation a few years ago. He noted that the narrow old air strip previously owned by the Montana Department of Fish, Wildlife and Parks has been purchased by the . applicants and is included in this annexation request. He stated then the site currently contains two houses, which will be located on individual lots through the subdivision process, with the remaining six acres of vacant land then being available for development in the future. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. 08-03-98 --.. ---...--- - 15 - It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission authorize and direct staff to bring back an annexation agreement, addressing the issues identified above, for review and possible action by the Commission. 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. Public hearing- COA with deviation from Section 18.50.160. Bozeman MuniciDal Code. to allow construction of a new rear addition on a house which currently encroaches 6 feet 2% inches into the reauired 25-foot front yard setback on the south 140 feet of Lots 3 and 4. Block D. Tracy's Third Addition - Allen Gadoury. 305 West Lamme Street (Z-98124) This was the time and place set for the hearing on the Certificate of Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as requested by Allen Gadoury, under Application No. Z-98124, to allow the construction of a new rear addition on a house which currently encroaches 6 feet 2 % inches into the required 25-foot front yard setback on the south 140 feet of Lots 3 and 4, Block D, Tracy's Third Addition. The subject property is more commonly known as 305 West Lamme Street. . Mayor Stiff opened the public hearing. Associate Planner Jody Olsen presented the staff report on behalf of Historic Preservation Planner Derek Strahn. She stated that the applicant is proposing to remove an existing rear addition and construct a new rear addition, thus expanding the footprint of his house, which currently encroaches 6 feet 2 % inches into the required 25-foot front yard setback, by approximately 500 square feet. The Associate Planner stated that staff has reviewed this application in light of the criteria set forth in the Bozeman Municipal Code, and the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. She briefly highlighted those findings, noting that staff found the application generally in compliance . with those criteria. She then noted that the Historic Preservation Planner has forwarded a recommendation for approval, subject to four conditions. She stressed that the first two conditions are suggestions to the applicant, in an effort to make the project more aesthetically pleasing, and noted that the last two conditions are the boilerplate conditions. 08-03-98 n___. . .___....n____ ---.------ - 16 - Mr. Allen Gadoury, applicant, stated that he talked to a building supplier about ColorLok siding and found that it is much more expensive than vinyl siding. He noted that it is his intent to side the entire house with the vinyl siding in conjunction with constructing the addition and, of ColorLok siding is required, he will only be able to side the addition, leaving the original . house with its current siding; and he feels it would be preferable to have the same siding on the entire structure. He then suggested that, with landscaping, he could provide adequate buffering for the long roofline on the east side. He noted that he has considered breaking the roofline; however, the costs of doing so are too costly. Commissioner Smiley recognized the difficulty of breaking the roofline on the east side of this house. She then indicated that she is glad to hear that this condition is simply a recommendation and not a requirement. Mrs. Amy Brooker, 301 West Lamme Street, stated that she and her husband live immediately to the east of the subject property. She stated her support for the project, noting that she lives in a tiny house herself. She then noted that the applicant is seeking a deviation because his house encroaches into the front yard setback. She suggested that the house also . encroaches into the east side yard setback even though the plans submitted by Mr. Gadoury show a setback of 8 feet 2 inches. She stated that measurement may be from the existing fence between Mr. Gadoury's property and Mrs. Butler's property; however, she stated that is not the property line. She further indicated that she has measured from Mr. Gadoury's house to the fence, and her measurement is 7 feet 2 inches. She stressed that, while she has no problem with Mr. Gadoury's project, she wishes to make sure that it will not have any impact on her putting up a fence along the property line between their properties in the future. Mrs. Cleo Butler, 209 North Third Avenue, also a neighbor to the east, stated that she has no problem with the project Mr. Gadoury has proposed. She noted that her yard is entirely fenced, although the fence is not located on the property lines. She stated that in 1986, she and her husband applied for and received a variance from the Board of Adjustment to construct . their garage fifteen feet from the property line. She noted that when she measures fifteen feet from the back of the garage, her property line is at least one foot past her fence. She stated a similar situation exists adjacent to her garage because a short fence was extended from the back of the garage to the fence along her west property line, recognizing that that fence was also one foot from the property line. She stated that, while she has no problem with one foot 08-03-98 - 17 - of her property being outside her fenceline, she feels it is important to recognize where the real property line is. Associate Planner Jody Olsen stated that the plans submitted by the applicant indicated that the side yard is 8 feet 2 inches and, under the zone code, an 8-foot setback is required. . She noted that in the staff report, only the encroachment into the front yard setback has been identified, and the proposed addition, as shown on the plan, does not encroach into any setback. She suggested that a survey could be required to determine the property line if that is determined necessary. City Manager Johnson noted that if the neighbors' testimony is accurate, the existing house encroaches almost 1 foot into the required 8-foot side yard setback and the proposed addition would also encroach into that setback, and a deviation for that encroachment has not been advertised or addressed in the staff report. Mr. Gadoury stated that he was under the impression when he purchased the property in 1985 that the fence to the east was the property line and it has been only recently that he was informed the fence is not the property line. He then stated that nobody has been able to . find any survey markers to determine the exact locations of their property boundaries. he then suggested that the existing fence between his property and Mrs. Butler's has created an historic boundary between the two lots. He concluded by stating that if someone wants to hire a surveyor and have the property lines surveyed, he has no objection; but he does not intend to hire one. City Attorney Luwe stated the Commission has three options: (1) the Commission can consider the property line on the plan as correct and the applicant would assume the risk that, if it is determined to be incorrect, he may be required to remove the addition in the future; (21 the Commission could require that the applicant to have his property surveyed and, if the survey shows an encroachment into the side yard setback, he would be required to apply for an additional deviation before he starts construction; or (31 the Commission can provide a . timeframe in which the neighbors can get a survey done, with the applicant being required to seek a deviation if his house encroaches into the side yard setback. Mayor Stiff noted the legal description is shown as the South 140 feet of Lots 3 and 4, Block D, Tracy's Third Addition. 08-03-98 --------------- - 18 - The City Attorney responded that the neighbors are indicating that the measurements on the plans are inaccurate, which has led to the discussion about a possible additional encroachment. Responding to Mayor Stiff, Assistant City Manager Brey stated that the property line . typically starts one foot inside the sidewalk. He cautioned, however, that in the older parts of town, it is not uncommon for a survey to be different from the subdivision plat. He cited one instance, where the subdivision plats show lots are 100 feet deep with a 15~foot-wide alley separating them, for a total of 215 feet; however, the survey indicates the distance is actually 209 feet. Ms. Amy Brooker stated that she would be willing to install her fence on the same line as Mrs. Butler's fence. She then stressed that the measurements which she took were from Mrs. Butler's fence to Mr. Gadoury's house. She then noted that she does not know how Mr. Gadoury's deed reads, but hers is for the "South 75 feet of Lots 1 and 2 and the South 75 feet of the East 3 feet of Lot 3, Block D, Tracy's Third Addition, City of Bozeman, Gallatin County". She stated that none of these three properties has been surveyed, however, she went to the . Courthouse and found that a black metal pipe had been buried nine inches below the surface at the corner of Lot 1; and she and her husband have found that pipe. Mrs. Butler stated that she and her husband acquired her property over 22 years ago and, prior to that, her father-in-law owned it. She stated that her property deed also includes the East 3 feet of Lot 3. She stated that she is uncertain when the fence was erected, although it was while her father-in-law owned it. She noted that several trees which he planted along the back of the lot are now growing through the fence so that portions of it are no longer visible. She then reiterated that the fence was located inside the property line so that no questions would arise on the ownership of the fence. She stressed once again that she has no objection to the project which Mr. Gadoury has proposed. She recognized that it may be important to identify her property lines in the future, but she is not interested in participating . in a survey at this time. Commissioner Youngman noted the Commission has received testimony that raises questions about the accuracy of the plans submitted and suggested that action on this item be delayed until those issues have been resolved. She suggested this could be accomplished by having the three neighbors measure their properties and agree on their common property lines. 08-03-98 ----- ..~'" . - 19 - City Attorney Luwe noted that during a public hearing, the Commission will quite often receive conflicting evidence and, unless a survey is undertaken, those conflicts will be unresolved and remain in the record. He recognized that the Commission may choose to assume that the information in the applicant's submittal is correct and approve the project; . however, he cautioned that the applicant then assumes the potential risk of having the project jeopardized if it is found those measurements are not accurate. Commissioner Rudberg suggested that the Commission approve the application with two additional conditions, one requiring that the neighbors get together and see what they can work out and the other being that the three neighbors share the cost of the survey. City Attorney Luwe cautioned that any conditions on this application pertain to the owner of this property only, and the City has no way to place conditions on adjacent property owners. Responding to Commissioner Frost's suggestion that the decision be delayed for two weeks, Mr. Gadoury stated that this project has been in process for an extended period of time. He then stated that he has a leaking roof that he must get repaired or he will incur structural . damage. He characterized this as a window of opportunity, noting that he must have the project started by September 1 or wait until next year because of his business. Responding to comments from Commissioners, the City Attorney once again reviewed the options available to the Commission, noting they include approving the project with the recommended conditions, adding a condition requiring a survey, or delaying action for two weeks. Associate Planner Jody Olsen stated that, since this is Historic Preservation Planner Strahn's project, he does not know if he researched the legal description or looked at the plans to ensure their accuracy. She suggested that if the Commission delays action for two weeks, City staff could review the legal description and the plans and possibly attempt to find the property corners. . Following discussion, the Commission deferred the decision on this item to later in the meeting, to give the neighbors an opportunity to try to resolve the issues among themselves. 08-03-98 - 20 - Public hearina - (a) CUP to allow conversion of existing office building into low-income housina and construction of four new low-income apartment buildinas with variance from Section 18.50.120.F.. Bozeman Municioal Code. to allow the installation of 60 oarking soaces instead of the reauired 75 scaces - Farmhouse Partners Limited Partnershio (southwest corner of intersection of Haaaertv and Ellis) (Z-9891) This was the time and place set for the public hearing on a Conditional Use Permit to . allow for conversion of an existing office building into low-income housing and to allow the construction of four new low-income apartment buildings on Lot 2, Minor Subdivision 162A, located in the Southeast one-quarter of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, as requested by William Dabney, III, for Farmhouse Partners Limited Partnership and Robert & Marcia Pearson, under Application No. Z-9891. In conjunction with this Conditional Use Permit, the applicant is also seeking a variance from Section 18.50.120.F. of the Bozeman Municipal Code, to allow the installation of 60 parking spaces instead of the required 75 off-street parking spaces. The subject property is more commonly located at the southwest corner of the intersection of Haggerty Lane and Ellis Street and is known as 777 Haggerty Lane. Mayor Stiff opened the public hearing. . Associate Planner Jody Olsen presented the staff report. She stated that under this application, 24 one-bedroom, 8 three-bedroom and 2 four-bedroom units. She noted that these units are to be contained in the existing office building on the site, which is to be converted to apartments, plus four new apartment buildings. The subject site is 3.26 acres in size and is to be developed as Phase II of the Comstock Apartments. She stated that Phase I, which consists of 24 two-bedroom units, was constructed in 1995. Associate Planner Olsen stated the zone code requires that 2.2 parking spaces be provided for each apartment, so a total of 75 standard parking spaces are required for this project. The applicant is requesting a variance to allow for the installation of only 60 standard parking spaces. The Associate Planner briefly reviewed the surrounding land uses and zoning . designations, which include the Life of Montana building, vacant land, low-density residential and multi-family residential uses. She then indicated that staff has reviewed the conditional use permit application against the six criteria contained in the zone code, and the staff's comprehensive findings are contained in the written staff report, which has been submitted to the Commission. She noted that staff has also reviewed the requested variance in light of the 08-03-98 - ~,. - 21 - three criteria established by the Montana Supreme Court, and those comprehensive staff findings are also contained in the written staff report. She briefly highlighted those findings, noting that staff has forwarded recommendations for approval of both the conditional use permit and the variance. . Associate Planner Olsen stated that the City-County Planning Board conducted its public hearing on this conditional use permit at its July 21 meeting. She stated that following the public hearing and consideration of the criteria and the staff findings and recommendations, the Board forwarded a recommendation for approval, subject to 15 conditions. The Associate Planner indicated that, in response to Commissioner Rudberg's question about flooding in the existing office building, she spoke with the project engineer. She noted the engineer assured her that at the time the flooding occurred, the applicant took a number of steps to prevent future flooding and it appears that problem has been alleviated. Mr. Dab Dabney, applicant, indicated that the Associate Planner has presented the project well. He then turned his attention to the financing aspects of the project. He stated this is his seventh project in southwest Montana in which he has constructed low-income . housing through the tax credit program. He noted that under this program, the rental rates are restricted over a long period of time, and the occupancy is restricted to those below a certain income level. He stated that for this project, the minimum period for the restricted rental rates is 31 years; and he may sell the project in the fifteenth year, but the new owner must also comply with the established rental rates. Mr. Dabney stated that in this project, 100 percent of the units will be rented to Gallatin County residents with incomes at or below 60 percent of the Gallatin County median household income, and approximately 20 percent of those units will be earmarked for those residents with incomes at or below 50 percent of the Gallatin County median income. He noted that under the tax credit program, a minimum of 40 percent of the units must be rented to people that earn 60 percent or less of the county's median household income. He stressed that with this financing, he is able to construct high-quality . rental housing and still charge very low rental rates, while making the project economically feasible. Mr. Dabnmey thanked the City for its financial support for Phase I of the project, noting that he is not seeking any assistance for this phase. He noted that the main reason he is able to do this project without City assistance is that the Department of Housing and Urban 08-03-98 -- ------ - 22 - Development has declared Gallatin County as a "hard to develop" area, thus making the tax credit projects eligible for a 30-percent bonus. He noted this designation is based on the cost to build compared to the median household income level. Mr. Dabney stated that he must undertake construction of Phase II of the Comstock . Apartments by September to ensure that adequate expenditures occur this year to remain eligible for the program. Mr. Morris Jaffe, 1311 South Black Avenue, stated he was at the City-County Planning Board meeting where this item was considered. He noted that, after the public hearing was closed, someone raised a question about the sidewalks adjacent to this project. He stated that he lives in an area where there are no sidewalks, noting that the elderly need sidewalks as much or more than the children. He stated that, because of the lack of sidewalks in his area, he fell and broke his ankle. He also noted that when cars go out of control, pedestrians have a little more safety with sidewalks. He recognized there is an expense in installing sidewalks, however, he feels it is important that they be provided, particularly if some of the residents are older people on fixed incomes. . City Manager Johnson stated that before Director of Public Service Forbes went on vacation, he asked him for his comments about sidewalks for this project. He recognized that a significant amount of fill will be required for the installation of sidewalks and that the portion of property beyond the second driveway is not developed. He then quoted from the minutes of the May 26, 1998, Commission meeting, during which the Director of Public Service reminded the Commission that the established standards are minimum standards and cautioned that relaxation of those standards could result in substandard developments that could impact the overall infrastructure of the community. Responding to Mayor Stiff, Associate Planner Olsen stated that she has visited Phase I of the Comstock Apartments a number of times and noted there does not appear to be a parking problem. She then indicated that staff feels the requested reduction of parking spaces . for this phase of the project would be appropriate and that it meets the criteria for granting of a variance. City Manager Johnson reminded the Commission that Ellis Street is currently a county road, with a portion of it being developed to County paved road standards. He further noted that this phase of the Comstock Apartments is on property outside city limits, although Phase I 08-03-98 --..-------.... -~-- - 23 - is located inside city limits. He noted that, upon annexation of this property into the city limits, the Commission may wish to require that the road be brought up to City standards, including the installation of curb, gutter and sidewalk. Responding to Commissioner Rudberg, the Associate Planner stated that, although the . subject property is located outside city limits, the applicant is contracting with the City for servies to this phase of the development. Responding to Commissioner Frost, City Attorney Luwe stated that the requirement to install City standard sidewalks is included in No. 23 of the code requirements/departmental policies, on Page 11 of the staff report. Associate Planner Jody Olsen noted that Condition No. 1 in the Planning Board resolution includes two options for the Commission to consider, thus providing two different options for improving Ellis Street to City standards. Responding to Commissioner Rudberg, the Associate Planner stated that the Planning Board had concerns about requiring the installation of sidewalk along Ellis Street for this project at this time, particularly since there are no other sidewalks along Haggerty Lane or Ellis Street. . She noted they were also concerned about the added upfront costs for an affordable housing project. She then stressed that Condition No.1 and No. 23 in the code requirements do not conflict. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Youngman stated her support for the requested variance, noting that it meets the three criteria established by the Montana Supreme Court. She recognized that the topography and the wetlands on the site make portions of the site undevelopable. She also noted that this variance is essential to ensure that the site can be developed, and she feels that, as proposed, adequate off-street parking will be provided for low-income people. Commissioner Stiff stressed the importance of ensuring that the approvals for affordable housing projects do not jeopardize the infrastructure in a segment of the community. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the variance from Section 18.50.120.F. of the Bozeman Municipal Code, to allow the installation of 60 parking spaces instead of the required 75 off-street parking spaces. The motion carried by the following Aye and No vote: those voting Aye being 08-03~98 -.------------ - 24 - Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Break - 8: 15 to 8:20 D.m. . Mayor Stiff declared a break from 8: 15 p.m. to 8:20 p.m., in accordance with Commission policy, to give staff an opportunity to review the recommended conditions. Public hearing (continued) - (a) CUP to allow conversion of existina office building into low- income housing and construction of four new low-income aDartment buildinas with variance from Section 18.50.120.F.. BMC. to allow the installation of 60 Darking SDaces instead of the reauired 75 SDaces - Farmhouse Partners Limited PartnershiD (southwest corner of intersection of Haagertv and Ellis) (Z-9891) City Attorney Luwe stated that No. 23 under the code requirements/department policies in the staff report refers to a policy and not a code requirement. He suggested that if the Commissioners wish to ensure the installation of sidewalk, they may wish to incorporate this item into the conditions, stressing that it will not conflict with the second option for Condition No.1 if that is the portion of the recommended condition that they wish to accept. . Commissioner Youngman questioned why No. 23 should be added as a condition, noting that omitting it is one of the few things the City can do to alleviate upfront infrastructure costs for an affordable housing project. Responding to questions from the Commission, the City Manager stated that if the Commission chooses the second option for Condition No.1 and does not include No. 23 in the conditions, the City may still require the installation of sidewalks in conjunction with the improvement of Ellis Street to City standards or the Commission may order in sidewalks at any time if it so chooses. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit to allow for conversion of an existing office building into low-income housing and to allow the construction of four new low-income . apartment buildings on Lot 2, Minor Subdivision 162A, located in the Southeast one-quarter of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, as requested by William Dabney, III, for farmhouse Partners Limited Partnership and Robert & Marcia Pearson, under Application No. Z-9891, subject to the following conditions: 08-03-98 ------- - 25 - 1. Prior to final site plan approval, the applicant shall sign and execute a waiver of right to protest the creation of a special improvement district for improvements to Ellis Street including paving, curb and gutter, sidewalks and storm drainage facilities. The waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant agrees to participate in an alternate method of financing for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the . property, taxable valuation of the property, traffic contribution, or a combination thereof. If the Phase II site develops prior to annexation, it is recommended that these improvements be installed as the site develops. 2. The final site plan shall show two (2) on-site fire hydrants at Comstock Apartments, Phase II. The location for the new hydrants shall be reviewed and approved by the Bozeman Fire Department. 3. The water services for Building Nos. 2 and 4 shall be located to the west to better serve those units. 4. The developer shall obtain an encroachment permit from the County for the access onto Ellis Street, or provide proof that this encroachment permit has already been obtained. 5. If a well will be used for irrigation of the site, the appropriate permits shall be obtained from the Montana Department of Environmental Quality. 6. The tot lot that was shown on the approved final site plan for Phase I . of Comstock Apartments, but was never installed, shall be installed prior to the granting of final site plan approval for Phase II. A tot lot shall be provided in Phase II. 7. The applicant shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIDs for the following: a. Street improvements to Haggerty Lane including paving, curb and gutter, sidewalk and storm drainage. The document filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 9. The applicant shall verify existing sewer capacity, and provide proof of this verification to the City Engineer for review and acceptance. The verification of sewer capacity shall satisfy the Engineering Department's . requirements as outlined in Rick Hixson's letter (Project Engineer) to Per Hjalmarsson (applicant's engineer) dated 15 June 1998. 10. In anticipation of annexation, and with it the City's responsibility to provide fire protection, the applicant shall assess the hydraulic capacity of the existing water system to provide adequate fire flows. 11. Due to a change in alignment during construction of the water main for Phase I of the Comstock Apartments, a portion of the main between Haggerty Lane and the Klondike Building is closer than 10 feet from the 08-03-98 ---..-.-- -.--. - 26 - edge of the easement provided. The easement document prepared by C & H Engineering to provide adequate separation shall be properly executed prior to occupancy. 12. 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. . 13. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 14. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 15. All of the special conditions attached to this conditional use permit shall be consented to in writing by the applicant prior to commencement of the use. 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 hearina (continued) - COA with deviation from Section 18.50.160. Bozeman MuniciDal Code. to allow construction of a new rear addition on a house which currently encroaches 6 feet 2% inches into the required 25-foot front yard setback on the south 140 feet of Lots 3 and 4. Block D, Tracy's Third Addition. Allen Gadoury. 305 West Lamme Street (Z-98124) It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the public hearing be reopened. 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. Mrs. Brooker and Mrs. Butler stated they feel the issues have been adequately resolved and encouraged the Commission to approve the application. They noted that they all live in small houses on tiny lots and they feel it is important to get along. 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 deviation from Section 18.50.160 of the Bozeman Municipal Code, as requested by Allen Gadoury, under Application No. Z-98124, to allow the construction of a new rear addition on a house which currently 08-03-98 - 27 - encroaches 6 feet 2 % inches into the required 25-foot front yard setback on the south 140 feet of Lots 3 and 4, Block 0, Tracy's Third Addition, subject to the following conditions: 1. In an attempt to minimize the somewhat awkward appearance of this long, narrow project, the applicant should seriously investigate the possibility of breaking the roof line or the wall plane to break up the pronounced linear nature of the proposal and provide additional relief to . the east elevation. 2. To better relate this project to its predominantly historic surroundings, the applicant should reconsider the use of vinyl siding. Wood or masonite siding of a similar lap width as that existing would be preferable. 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. . Public hearina - Zone Code Amendment - amend Sections 18.56.010 and 18.56.030 of the Bozeman MuniciDal Code to revise membershiD and Dowers and duties of the Board of Adiustment (Z-9890) (JO) This was the time and place set for the public hearing on the Zone Code Amendment to amend Sections 18.56.010 and 18.56.030 of the Bozeman Municipal Code to revise the membership and powers and duties of the Board of Adjustment, as proposed under Application No. Z-9890. Mayor Stiff opened the public hearing. Associate Planner Jody Olsen presented the staff report. She stated that under this zone code amendment, the membership of the Board of Adjustment is to be revised to set the . number of members at seven and the powers and duties are to be revised to provide that all variances are acted on by the Board of Adjustment. The Associate Planner briefly highlighted the reasons which the Board of Adjustment cited in requesting that the zone code be amended to give them jurisdiction over all variances. Those included (1) lightening the Commission's workload by assuming the multiple variances 08-03-98 - 28 - and variances associated with conditional use permits, (2) both bodies must base their decisions on the same criteria and the decisions of both bodies are appealable only to the District Court, and (3) making the process less confusing to City employees, the City Commission and the public. . The Associate Planner stated that staff reviewed this application in light of the twelve criteria for review of zone code amendments, and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. She noted that some of those criteria do not apply in this situation because this is an administrative policy rather than a land use issue. Associate Planner Olsen stated that the City-County Planning Board conducted its public hearing on this application at its July 21 meeting. Following that public hearing and consideration of the testimony received, the twelve criteria and the staff's findings, the Planning Board forwarded a recommendation for approval on a vote of 5 to 3. She then stated that, in light of several questions raised by members of the Planning Board during review of this zone code amendment, she prepared a memo, dated August 3, 1998, showing the number of . variance requests processed from 1990 to date and the breakdown on those considered by the Commission and those considered by the Board of Adjustment. She briefly highlighted that information, noting that of the 161 variance applications processed, 93 were considered by the Board of Adjustment and 68 were considered by the City Commission. Responding to Commissioner Frost, the Associate Planner stated that the Board of Adjustment forwarded a request to the City-County Planning Board that this change in the zone code be considered. She noted that after reviewing the proposal, the Planning Board determined it was an application worth entertaining and initiated the amendment process. She then indicated that the last page of the staff report is a copy of the reasons forwarded by the Board of Adjustment. She noted that the reasons listed in the resolution are those identified by the Planning Board as their reasons for recommending approval of the amendment, . recognizing that the two sets of reasons are very similar. Commissioner Frost stated he has not heard any Commissioners complain about being overworked. He also noted that considering variances in conjunction with conditional use permits at the same time has resulted in a more logical and streamlined process since the process was implemented in 1990. 08-03-98 - 29 - Associate Planner Olsen responded that problems arise in the current process when the Planning Board is considering an application for a major site plan or a conditional use permit for which a variance has also been requested because they have no formal role in the variance process, but the variance has a direct impact on the application they are considering. She . noted the Board has taken a position that it must forward a recommendation on the project as a whole, thus, their recent recommendations have included comments on the variances requested. She stated that if the variance were processed first, the remainder of the application would be much cleaner as it goes through the process because that issue would have been resolved up front rather than in the final decision on the project. Mr. Morris Jaffe, 1311 South Black Avenue, member of the Board of Adjustment, stated he has been on the Board for at least fifteen years. He noted that one fellow who testified at the Planning Board meeting raised the fact that members of the City-County Planning Board and the Board of Adjustment are appointed, and he felt it is important that the elected body be responsible for making decisions on variances because they tend to be more responsive to the public. He stressed that issues such as sidewalks and signs impact the entire . community and characterized those decisions as much too important to be made by an appointed body. He then suggested that the variances could possibly be divided differently between the Board of Adjustment and the City Commission, with the Board acting on those variances which have minimal impact and the Commission acting on those variances that can impact the entire community. Mr. Jaffe then forwarded his surprise over this zone code amendment, noted that he was not present at the Board of Adjustment meeting when this was discussed. Mr. Bill Mitchell, 122 South Church Avenue, stated he is Vice-chair of the City-County Planning Board. He forwarded his support for the proposed zone code amendment, stating it will result in more fair and equitable decisions on requests for variances and will help to ensure that those decisions are based on the three criteria established by the Montana Supreme Court. . Mr. Mitchell then addressed the recently denied variance request submitted by Mario Del Duca, for the construction of a garage at 1405 Bridger Drive. He noted that he has spoken at length with Mr. Del Duca about this issue and reviewed the application and the Commission's action in detail. During his presentation, he reviewed the three variances requested, expressing concern that one of the variances was from an administrative policy that 08-03-98 - 30 - has been established in the Planning Office but not reviewed or approved by either the Planning Board or the City Commission. He then compared this request to a request made by Mr. Bill Madden, for construction of a carriage house with storage space and a design area on an "RS" zoned parcel. He noted that Mr. Madden's application was eventually approved, although Mr. . DelDuca's was not. Mr. Bill Mitchell forwarded his view that administrative policies lead to internal inconsistencies, particularly when the result is not the same as the code provisions allow. He stressed the importance of a board which can sort through all of the regulations and information and apply the criteria equally and in a non-discriminatory manner. He also questioned the need for a variance from the administrative policy for Mr. Del Duca's application, particularly since the State statutes refer to variances from ordinances, not from policy decisions. Mr. Mitchell noted that most cities the size of Bozeman have a Board of Adjustment that acts on all variances. He concluded by encouraging the Commission to approve this zone code amendment to allow for that procedure in Bozeman, and to allow Mr. DelDuca to go through . the process again before that Board. Mr. Jeff Krogstad, member of the Board of Adjustment, stated that at its March 26 meeting, the Board, on a vote of 6 to 0, decided to forward this proposed amendment. He recognized that this amendment will increase the Board's workload, noting that while he really does not need the additional work on top of his college classes and work schedule, he feels it is important to relieve the Commission of some of its workload and allow the Commissioners to concentrate on the future. He then requested that, if the Commission does not approve this amendment, it dissolve the Board of Adjustment. He stated they are currently under-utilized, as evidenced by the fact that they met only four times last year. Mr. Krogstad addressed some of the concerns raised by Mr. Jaffe, noting that under this proposed zone code amendment, the Commission would still hear the variances and deviations . in the entryway corridors and the historic districts and conservation overlay district. He suggested those are the areas of the community where the greatest impact on the whole community would occur. He then concluded by encouraging Commission approval of this application, thus allowing the Board of Adjustment to serve as a team player and help reduce the demands on the Commissioners. 08-03-98 - 31 - Mr. Bill Mitchell stated that under the proposed zone code amendment, all variances, including those in the overlay districts, would be heard by the Board of Adjustment and not the Commission, although the Commission would still consider requests for deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. . Responding to Commissioner Rudberg, Mayor Stiff indicated that the Commission may have made some slight changes on when appointments are made to the various boards and commissions. He noted, however, that a review of the record would probably be required to determined exactly when appointments have been made over the past several years. Commissioner Frost characterized variances considered in conjunction with conditional use permits as having a definite impact on the future, and he feels it is the Commission's job to make those decisions. He then stated that many residents don't really understand the variance process, but they recognize its impacts when a project is undertaken next door that does not meet code requirements. He noted that most citizens do expect their elected officials to protect them and to ensure that the laws are upheld or that the negative impacts of not meeting the codes are mitigated. He recognized that if the public is unhappy with the decisions . on variances under the current code, a Commissioner can be removed from office at the next election, and that is not possible with an appointed board member. Commissioner Frost expressed concern about the reference which Mr. Mitchell made to the fact that politics are being played with the Commissioners making decisions on some of the variances because they are being subjective in the decision-making process. He characterized variances as a significant deviation from the zone code, and he feels it is important for the elected officials and the City staff members who have a history of variances to be involved in the process. He further stressed the importance of remembering that all three of the criteria established by the Montana Supreme Court must be met before approval of a variance may be granted, no matter which body considers it. He recognized that that has resulted in the denial of variances even when the Commissioners have recognized that a project . is nice and has its merits, because they have not met the three criteria against which variances must be considered. He Quoted several Commissioner comments from meetings over the past year that reflect recognition of the merits of proposals as well as cautions from the City Attorney. He then stressed the need to act on variances in an objective manner, noting that failure to do so can result in legal problems for the City. 08-03-98 --.---.-- --- _'t~-_. -. - 32 - Commissioner Frost stated he has no problem with the proposal to separate the variance from the conditional use permit and process it first, but he feels it is critical that the variance be considered by the Commission. He indicated that he has no problem with the "day-to-day" variances being considered by the Board of Adjustment, assuming that the board members . fulfill their duty and follow the criteria set forth in the State law. He stated, however, that he feels it is critical that the Commission retain responsibility for those variances which have a big impact on the community and those pertaining to signs. Commissioner Youngman noted that the statistics in the memo submitted by Associate Planner Jody Olsen are very interesting, particularly in light of the reasons cited by the Board of Adjustment and the City-County Planning Board for recommending approval. She then stated that if considering a variance before an application for a conditional use permit is determined to be more appropriate than considering it in concurrently, she will support the proposed change, recognizing that it will slow the process. She then stated she feels considering the larger variances is appropriate for the Commission, and she does not believe it has a significant impact on the workload. She noted that the references to politics have been . interesting, particularly since no examples have been offered, and suggested that a review of the Commission's decisions will reveal that those decisions were based on the three criteria established by the Montana Supreme Court. She noted that a review of the minutes for some of the Board of Adjustment decisions fails to show whether the Board members considered the criteria in making their decisions, so it is difficult to tell if the three criteria are being adequately addressed, particularly in those instances where the Board approves a variance on which staff has recommended denial. Commissioner Youngman stated she has no problem with a seven-member Board of Adjustment, as proposed in this amendment. Commissioner Youngman then indicated her support for Commissioner Frost's proposed revisions to the zone code amendment, suggesting that it would be appropriate for the . Commission to consider only those variances for big projects and those that could have serious consequences for the community as a whole. In that light, she suggested that those variances in conjunction with conditional use permits and signs might be the appropriate ones to be considered by the Commission. 08-03-98 - 33 - Commissioner Smiley recognized that the State statutes provide that variances may be addressed by either the Board of Adjustment or the Commission. She then stated she feels that variances for a project should be addressed prior to the application going to the City- County Planning Board because she has witnessed the confusion that the current process . creates. She also expressed some concern about the administrative policies in the Planning Department, suggesting that they cause some subjectivity to enter into the system. She noted that, as a former member and current liaison to the Planning Board, she has witnessed that presentations before the Planning Board and the City Commission on the same project can be made with a different emphasis on them, and that can have an impact on the final decision. Commissioner Smiley stated her support for the proposed zone code amendment, stating she feels it is appropriate for the Board of Adjustment to act on variances. She also stated her interest in having the variance issue addressed before considering a project, thus eliminating the confusion. She concluded by stating she feels the administrative policy issue should be addressed. Commissioner Rudberg stated she feels the Board of Adjustment should be given the . authority to act on all variances, stating she feels their decisions will be as good as the Commission's decisions. She then stated her support for having the variances in conjunction with a project application addressed first so that the process can be cleaner. She noted that sitting through many Planning Board meetings and Design Review Board meetings, she recognized the confusion that can be created for these boards and the inordinate amount of discussion that can be generated for those who have no authority over review of variances. She recognized that the result of these discussions is frustration with the process. Commissioner Rudberg noted that for many years, the Board of Adjustment did act on all variances, and she feels that the citizens who serve on that board can assume those duties once again. She also suggested that, in light of her attendance at their meetings, the Board is willing to take the time to extensively discuss the issues and to make an informed decision. . She then suggested that there must be some flexibility in the process, recognizing that some people feel a more strict interpretation of the three criteria is essential. Commissioner Rudberg suggested that if the County assumes jurisdiction over the extraterritorial area, the entire process could change dramatically. She noted that if the City 08-03-98 - 34- does retain that jurisdiction, she feels it is more appropriate for the Board of Adjustment to act on variances because that board does include residents from the "donut area". Commissioner Rudberg then expressed concern about the super-majority vote required by the Commission for approval of a variance. She suggested that the requirement for four . affirmative votes from a seven-member body is much more appropriate and a better reflection of democracy. She then indicated her interest in encouraging members of the Board of Adjustment to be committed to the board, noting it is important for every member to attend every meeting so the applicants receive the fairest consideration possible. Mayor Stiff stated his support for the proposed zone code amendment, particularly in light of the strong support it has received from the two advisory bodies involved. He then indicated that he feels this proposed change is appropriate and that it will result in improvements to the process, particularly if six or seven members of the Board are present at every meeting. Commissioner Frost stressed that the criteria for considering a variance don't change, no matter which body considers the application. He then stated that, until 1987, the State . statutes required a super-majority vote for approval of a variance from a Board of Adjustment. He noted that in 1987, the Legislature allowed up to seven members of a Board of Adjustment, in response to problems which small communities were incurring in getting a quorum. He suggested it was not the intent of the Legislature to eliminate the super-majority requirement with the increased membership. Commissioner Youngman expressed her concern that the other Commissioners are not willing to consider any type of compromise to address those issues which have been raised during the public hearings. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Zone Code Amendment to amend Sections 18.56.010 and 18.56.030 of the Bozeman Municipal Code to revise the membership and powers and duties of the Board . of Adjustment, as proposed under Application No. Z-9890, and authorize and direct staff to bring back an ordinance enacting the amendment. 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. 08-03-98 .. - 35 - Adjournment - 9:40 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. 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. ~/ ~ /fY ATTEST: ALFR M. STIF, yor - ---.....:-. . ---- ~ "". \. Qd.:>it~ ROBtN l:--_~!,Jjj,:l\fm: ..:. Clerk ot-{~~ ~~~.i.~~km -- --------~' -- - .- . . 08-03-98