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HomeMy WebLinkAbout1997-07-21 Minutes, City Commission - --- -.-.--- .-- - ---.------- ._._._--_._~-~------ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 21, 1997 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, e Municipal Building, July 21, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stueck asked that the application for beer and wine license for the Magic Diamond Casino and the request for permission to conduct the "mountain man" skit and artifacts presentation, including firearms, at the Library be removed for discussion. Minutes - June 16. 1997 e It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the minutes of the meeting of June 16, 1997, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Mayor Stueck deferred action on the minutes of the meetings of July 7 and July 14 to a later date. Preliminarv plat review - West Babcock Manufactured Home Court - subdivide 20.1542 acres located in the SWy.... Section 11. T2S. R5E. MPM. into 92 manufactured home soaces: variance from Section 16.12.040.E.. to allow dead end crivate street with no cul-de-sac (south side of 2700 block of West Babcock Street) - Gene Cook (P-9723) This was the time and place set for review of the preliminary plat for West Babcock e Manufactured Home Court, as requested by Gene Cook under Application No. P-9723, to subdivide 20.1542 acres located in the Southwest One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 92 manufactured home spaces. In conjunction with this preliminary plat, the applicant is also seeking a variance from Section 07-21-97 ------- ----- ---------- ---------------------- ---------- - -- ------------------- ---.. - - .-.. - .. - ..-..- - ..-----. -.--. -. -.. - 2 ~ 16.12.040.E., to allow a dead end private street with no cul-de-sac. The subject property is located along the south side of the 2700 block of West Babcock Street. Included in the Commissioners' packets was a letter from Mr. Gene Cook requesting that this review be delayed until August 11, and providing an extension of the review period through August 12, 1997. e Mayor Stueck reopened the continued public hearing. Mrs. Judy Worley, 2813 West Babcock Street, stated she lives directly across the street from the subject property. She characterized the subject property as the "next to the last open space in our area", since urban residential infill has taken the remainder of what was once open space. She expressed concern that this development has occurred with many inconsistencies in planning and with a lack of enforcement of items required in staff reports. She noted that in earlier meetings, a petition in opposition, bearing the signatures of over 400 people, were submitted; however, the Commission approved the zone change to allow for mobile home development. She stated that when Mr. Crutcher proposed manufactured homes on his property, which is immediately to the west of the subject property, the same planner who e supported Mr. Cook's proposal indicated that manufactured homes were inconsistent with the neighborhood and that the neighbors would not like it. She then cited the Westgate Subdivision as an example of lack of enforcement of conditions from the Planning staff report. She noted that the subdivision was approved for 31 single-family homes; it was actually developed with only six single-family homes and the remainder as multi-family units. She also noted that the barbed wire fence along the eastern boundary was to have been removed and replaced with appropriate fencing material prior to final plat approval, and that has not yet occurred. Ms. Worley expressed continued concern about the amount of additional traffic the subject development will create on West Babcock Street, particularly since it will be the street providing access to the development, with two streets entering an already busy street. She e stated that the proposed widening of West Babcock Street will do nothing to mitigate existing problems; rather, it will only encourage speeding. She noted that the mobile home park will likely attract a significant number of college students, who typically drive West Babcock Street like a freeway. She then asked that, if the Commission approves this requested subdivision, steps be taken to ensure that it is built consistent with the conditions of approval. 07-21-97 ...--.--..------ - 3 - Mr. David Worley, 2813 West Babcock Street, stated they have resided at this address for 28 years. He asked that steps be taken to minimize the impacts of this proposed development on the character of the existing neighborhood as well as to minimize disruption. He noted that, from a practical sense, this means screening by fencing and creative e landscaping. He also asked that the developer be required to adhere to the conditions of approval as recommended by the Planning Board and as approved by the City Commission, rather than allowing him to circumvent the process. Mr. Worley stated that a reduction in property values in the area is inevitable, and he recognizes that those who own homes in the area will have to live with that fact. He noted that congestion, traffic problems, littering, noise and speeding are also issues which must be addressed through enforcement of existing laws and ordinances. He stated that the Highway Patrol have been patrolling West Babcock Street periodically over the past few months, and they are always busy. Mr. Worley stated that many people live in Bozeman because of the quality of environment in the valley. He concluded by asking that the Commission take steps to retain e the positive quality of life for the residents of the area as much as possible. Mr. Anson Crutcher, developer of Babcock Meadows Subdivision, stated that he submitted a position paper on this application several weeks ago, at which time City Attorney Luwe indicated it would not be submitted to the Commission for consideration. He noted that, since that time, it has been determined that the paper should be submitted to the Commission and forwarded his assumption that they have received it. Mr. Crutcher noted that the Planning staff's report refers to a subdivision application but does not mention a major site plan. He then asked if a major site plan application will be submitted after this subdivision application has been processed, stating he feels several issues should be addressed at this time if a major site plan is not required. He noted that many of those issues were discussed in the Planning Board meeting, but he is not certain that they were _ included in the resolution since he has not seen that document. Mr. Crutcher stated that during consideration of the annexation request, Mr. Cook made several promises, the first one being that he intends this mobile home park to be similar to some of the beautiful parks he has seen in other areas. He stated, however, that the plat submitted more closely resembles a trailer park than a manufactured home park. He noted that 07-21-97 n__.________..__._.. - 4 - several issues were raised at the Planning Board hearing; however, no new plans have been submitted to address those issues prior to this public hearing. Mr. Crutcher turned his attention to the preliminary draft of rules and covenants which Mr. Cook has submitted, stating that they are roughly typed with handwritten changes. He noted that during the zone map amendment process, Mr. Cook stated that a mobile home park e would be appropriate for this area, "if done nicely". He indicated his concurrence with that comment, noting that in his position paper, he included pictures of attractive mobile home parks which are 15 to 25 years old. He expressed concern that in this instance, however, the covenants refer to a trailer court rather than a manufactured home court. He also noted that the covenants provide for month-to-month rentals rather than more long-term leases. He further stated that, given the diagonal configuration of the parking pads, moving of the homes in and out of the park can be quite easily accomplished. He stated that someone who has spent $35,000 to $70,000 on a manufactured home should have more security than the possibility of receiving a 30-day notice to relocate. Mr. Crutcher stated he is very concerned about the design of the plat and said that if '_ a new design and a complete review of that new design is necessary to address all of the , issues raised, then it should be required. He noted there is no minimum size restriction on the mobile homes to be placed in this park, although the covenants seem to reflect a minimum 16- foot width. He stated, however, that the spaces seem to be configured for 8 to 10-foot-wide units. Mr. Anson Crutcher stated that when he designed Babcock Meadows Subdivision, he requested that Donna Avenue be a cul-de-sac street, but the City requested that it be extended through this development for circulation. He noted that this will result in a mobile home park being connected to a planned unit development, and requested that there be some demarcation to denote the different developments. Mr. Crutcher noted that most mobile home parks are designed with two main entries at _ the front of the park, with an emergency exit at the back of the park. He expressed concern that in this instance, the main access to the site is from West Babcock Street; and Mr. Cook was not required to provide a traffic study, even though the Babcock Meadows Subdivision was required to provide one and has been restricted to constructing no more than 80 units at this point. 07-21-97 - 5 - Mr. Crutcher stated that Mr. Cook's proposal includes no restrictions on materials or types of roofs. He expressed concern that this could lead to a mismatch of trailers, manufactured homes and modular homes. He also noted that no landscape plan has been submitted. He noted that during the zone map amendment hearing, the Commission assured those in attendance that it would make sure proper buffering would be provided. He stated, e however, that this cannot be done without a plan to review. He asked that, as a part of the buffering requirements, a solid wood fence be required between this mobile home park and Babcock Meadows Subdivision. He noted that this requirement would be similar to the one which was imposed on the Babcock Meadows Subdivision. Mr. Crutcher expressed concern about parking on the site. He stated there is not adequate parking within the development to accommodate guest parking, and the lots are not wide enough to accommodate adequate parking in the driveways of the individual lots. Mr. Crutcher noted that during his presentation, Mr. Cook talked about senior citizens and his desire to provide a nice development which would attract that type of clientele. He noted that those individuals should have covered parking, however, covered parking is not e proposed in this plan and he is not sure there is space to do so. He also stated that sidewalks along both sides of the street are important, but are provided on only one side of the street in some areas. Mr. Anson Crutcher stated that the plat shows a small storage area on the south end of the site, being split by the emergency access to West Main Street. He noted that a storage area abutting the US West property seems appropriate, but he is concerned about that portion which abuts the Babcock Meadows Subdivision. He stated the the storage area should be larger, to accommodate the number of recreational vehicles that could be brought into this development by the tenants. Mr. Crutcher suggested that a solid masonry fence, either precast or slump stone, be required along the Babcock property, noting it requires little maintenance. He also suggested _ that landscaping be incorporated into this screening, to ensure minimum impact on the neighboring properties. Mr. Crutcher noted several variances have been requested in conjunction with this preliminary plat. He stated one of those variances would allow the streets in this subdivision to not align with those on the north side of the street, and the Planning Board has 07-21-97 - ---------...- - .--.-- .---- __ .__. n. __ ..__._._.... ____.__. ._____u _. .... _______.._ - 6 - recommended that variance not be granted. He stated this realignment of the streets will require a major redesign of the project, and he feels the plans should be redrawn before the Commission acts on it. He noted that the applicant is also requesting a dead end street, for which the Planning Board has recommended approval. He reminded the Commission that he had forwarded a similar proposal in his development, on a slightly longer street, but he was e required to install a cul-de-sac. Mr. Crutcher noted that at one time, access through the Ponderosa Subdivision was proposed, but it appears that access may have now been relocated to a site adjacent to the US West facility. He asked that that issue be carefully considered, since it is an important element in the traffic circulation plan. Mr. Crutcher noted that a variance was recently requested in the Babcock Meadows Subdivision, under which the garages would be three feet closer to the side yard setbacks than allowed in the code, and that variance was denied. He stated that, as the issue was explained to him, the Commission was concerned that the plans should be extremely well thought out and not set precedent. e Mr. Crutcher noted that. during consideration of the zone map amendment. the need for affordable housing was discussed, stating that issue must still be addressed. He reiterated his concern that what Mr. Cook has proposed is a trailer park and not a manufactured home park. He reminded the Commission that, several times during the zone map amendment process, Mr. Cook indicated that he would work with the Planning Board, the Planning staff, the Design Review Board and the public to develop the type of mobile home park that is desired. He noted, however, that no screening and no landscaping have been proposed. He concluded by encouraging the Commission to ensure that Mr. Cook keeps his promises. Responding to Mayor Stueck, City Attorney Luwe stated that he had contacted Mr. Lilly, Mr. Crutcher's attorney, to inform him that this hearing would be continued to a later date due to the lack of a full Commission. - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the public hearing on the preliminary plat for West Babcock Manufactured Home Court be continued until August 11, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 07-21~97 ...-...-..-.----."...- - 7 - Decision - rescind current Bozeman Area Subdivision Reaulations and adoDt new Bozeman Area Subdivision Regulations (P-9605) Assistant Planner Chris Saunders gave a brief overview of this item on behalf of Assistant Planning Director Debbie Arkell. He noted that, included in the packet, was a memo from the Assistant Planning Director, dated July 4, forwarding the changes which have been tit proposed to the Bozeman Area Subdivision Regulations as a result of staff comments and the public hearings before the City Commission and the County Commission. The Assistant Planner stated that these revisions are scheduled for consideration by the County Commission at its August 8 meeting. He noted that if the Bozeman Area Subdivision Regulations, as revised, are approved at that time, then the Planning staff will ask the City Commission to adopt these regulations by ordinance. He stressed the importance of both Commissions adopting the same set of regulations. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the rescinding of the current Bozeman Area Subdivision Regulations and adopting of the new Bozeman Area Subdivision Regulations, and authorize and direct staff e to bring back an ordinance enacting the new regulations after approval of these regulations by the Gallatin County Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none. Presentation from MAKERS. Inc.. regarding Dlan being creDared for Downtown Bozeman ImDrovement District Board Mr. Gerald Hansmire, partner in MAKERS, Inc., stated this is the beginning of the second round of meetings that his firm has held with the community about the downtown improvement district. He noted that comprehensive presentations will be held at 7:30 a.m. on Monday, Tuesday and Wednesday mornings as well as at 7:00 p.m. on Wednesday. He gave a brief overview of the plan and invited the Commissioners to attend one of the other meetings if they _ want a more comprehensive review of the plan. Mr. Hansmire stated that during the previous round of meetings, people completed a survey to identify what they would like to see in the plan. He noted that input has been digested and the proposed plan incorporates the results. 07-21-97 - 8 - Mr. Hansmire showed the Commission the first diagram of his comprehensive presentation, noting that it is important to tie the community to the historic retail area. He also noted that physical improvements and projects must relate to Bozeman. He noted that several options for sidewalk improvements have been discussed, although it appears that given the tit weather. a typical sidewalk section might be the most durable and appropriate. He noted that this sidewalk could include a brick grid that is simply stamped in the very top layer of the sidewalk. He stated that installation of the historic style of light fixture and possibly some clock towers could help to bring back the important elements of the historic downtown. He cautioned that the light fixtures must be configured so that adequate lighting is provided, buth on the sidewalk and the street. He noted that this could mean the use of the pole type lights that are found in front of the Baxter Hotel and well as similar poles with cantilever light fixtures to get the light over the street. Mr. Hansmire stated that the tree pits for the trees along Main Street need some work. He noted that under this proposal, the pits would be enlarged and a specific type of grate would be installed around each tree to maintain some continuity. e Mr. Hansmire suggested that the mural on the side of the Eagles building could be redone as an historic photo of the downtown area from approximately seventy years ago, possibly with a clock tower, Sweet Pea columns and possibly the archway from the old City Hall or a pipe replica of the front of City Hall being incorporated into Soroptimist Park. Mr. Hansmire concluded by stressing that the downtown area should be interesting, not just beautiful. He encouraged the Commission to consider that as the underlying premise as plans for enhancement of the downtown area move forward. Responding to Mayor Stueck, Mr. Hansmwe stated he anticipates the plan will be completed by mid-October, and suggested that some of the projects could be undertaken next construction season. He cautioned that some of the projects must be completed in sequence, while some of the projects can be broken up into small pieces and undertaken in phases. He e recognized that the plan could take five or possibly ten years to completely implement. Further responding to Mayor Stueck, Mr. Hansmire cautioned that the impacts on businesses must be carefully considered. He recognized that the construction period in Bozeman is relatively short and, unfortunately, coincides with the tourist season. He suggested 07-21-97 ----.--- .- . ....." _. n...__.___ - 9 - that, because of these problems, it may be in everyone's best interests to break the projects into half-block increments or less. Responding to Commissioner Rudberg, Mr. Hansmire stated that conversations with a landscape architect friend indicated that the existing tree pits in the downtown area may be too small. He noted that an observation of the trees suggests that may be true, and that the trees e are not getting an adequate water supply. He noted that the tree pits he has proposed should alleviate the existing problems and possibly enhance the trees. Mr. Bert Hopeman, Chairman of the Bozeman Downtown Improvement District Board, encouraged the Commissioners to attend one of the comprehensive morning or evening meetings on this plan. Ordinance No. 1443 - adoDting by reference the current edition of the Uniform Fire Code and aDpendices. and the current Uniform Fire Code Standards. with the additions. amendments and deletions referenced Included in the Commissioners' packets was a copy of Ordinance No. 1443, as approved by the City Attorney, entitled: e ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 15.36.010 OF SAID CODE; ADOPTING AND INCORPORATING BY REFERENCE THE CURRENT EDITION OF THE UNIFORM FIRE CODE AND APPENDICES, AND THE CURRENT UNIFORM FIRE CODE STANDARDS, WITH THE ADDITIONS, AMENDMENTS, AND DELETIONS REFERENCED HEREIN, AND FURTHER PROVIDING FOR THE ONGOING ADOPTION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1443, adopting and incorporating by reference the current edition of the Uniform Fire Code and Appendices, and the current Uniform Fire Code Standards, with the additions, amendments, and deletions referenced herein, and further providing for the ongoing adoption of the Uniform Fire Code and Uniform Fire Code Standards, _ and that it be brought back in four weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 07-21-97 -.------- -.----- - 10- Ordinance No. 1444 - Drovidina for the creation of a Fire Code Board of ADDeals and establishina the duties and resDonsibilities thereof Included in the Commissioners's packets was a copy of Ordinance No. 1444, as approved by the City Attorney, entitled: ORDINANCE NO. 1444 e AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 15.37 OF SAID CODE PROVIDING FOR THE CREATION OF A FIRE CODE BOARD OF APPEALS AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. Responding to questions from Mayor Stueck, Fire Marshal Chuck Winn stated that the proposed by-laws for the Fire Code Board of Appeals are based on the by-laws for the Building Code Board of Appeals. He then stated that, while neither the Uniform Fire Code nor this proposed ordinance specifically provides a listing of the disciplines to be represented on the board, he feels that a composition similar to that of the Building Code Board of Appeals would be desirable. He also noted it is important that the members of this new board be familiar with the Uniform Fire Code. He stated, however, that he does not feel it is appropriate to develop e a list of criteria or required disciplines that is so narrow that only one or possibly two people would qualify. He concluded by noting that the Fire Code Board of Appeals is "the board of last resort", and that it is important that the members be capable of ruling on technical and sometimes very political issues. Following discussion on possible qualifications for membership on the board, City Attorney Luwe suggested that the Commission adopt the ordinance as drafted and that any revisions to the qualifications be brought back later. He noted that this will allow for creation of the board and that, after the first appointment process, the Commission may be better able to identify the desired disciplines to be represented on the board. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1444, providing for the creation of a Fire Code e Board of Appeals and establishing the duties and responsibilities thereof, and that it be brought back in four weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 07-21-97 - 11 - Award bid - landfill Gas Extraction System - Davidson and Companv. Helena. Montana - in the bid amount of $381.880.00 Included in the Commissioners' packets was a memo from Staff Attorney Tim Cooper, dated July 17, attached to which was a letter from the attorneys for Davidson and Company, dated July 15. Also included in the packet was a letter from Davidson and Company, dated e July 14, forwarding background information on the company. Previously distributed to the Commission was a memo from Staff Attorney Tim Cooper, dated July 9, attached to which were a memo from the Engineering staff, dated July 2; a recommendation from the consulting engineer, dated June 26; a letter from the attorney for Williams Plumbing and Heating, dated July 3; and a letter from Williams Plumbing and Heating, dated July 1. Mayor Stueck stated he is still concerned about not requiring that environmental insurance be provided by the contractor, recognizing that it costs approximately $24,000 annually. He noted that the Texas driller who will serve as the sub-contractor on this project has worked on this type of project in various locations throughout the United States, and forwarded his assumption that adequate insurance coverage will be provided for this project. e City Engineer Craig Brawner noted that the packet information shows evidence that the prime contractor does carry liability insurance. He stated that conversations with the consulting engineer for this project, an environmental consultant and the City's consultant for the Bozeman Solvent Site revealed that liability insurance is essential but that environmental insurance has not been required for other sites similar to the landfill. He stressed that the prime contractor may choose to carry environmental insurance for his own protection, however, he suggested it would not be appropriate for the City to require such coverage. The City Engineer estimated that the contractor should begin drilling the wells during the first week of August if the bid is awarded today, and the drilling should be completed in two to three weeks. Mayor Stueck noted that, if it were not for the Bozeman Solvent Site, this issue would - probably not be such "a hot button". He stated, however, that, in light of the monies that have been expended on the solvent site, he wants to take steps to ensure that a similar situation does not arise as a result of this project. Responding to Commissioner Rudberg, the City Engineer confirmed that these gas 07-21-97 ------ _. __ nn_. n_.. - 12 - extraction wells are being installed because of mandates under state or federal regulations. Commissioner Rudberg then characterized this as an unfunded mandate. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the bid for the Landfill Gas Extraction System be awarded to Davidson and Company, of e Helena, Montana, in the bid amount of $381,880.00, and that any irregularities in the bid be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none. ADDointments to boards and commissions: (A) Beautification Advisorv Board: (B) Community Affordable Housing Advisory Board: (C) CDBG Economic Loan Review Committee: (D) Desian Review Board: (E) Citv-Countv Health Board: (F) Recreation and Parks Advisory Board: (G) TIFID: (H) Tree Advisory Board (A) Beautification Advisory Board It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission appoint Jill Landes Lee to replace Walt Willett on the Beautification Advisory Board, with a term to expire on June 30, 1998. The motion carried by the following Aye and _ No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. (B) Community Affordable Housing Advisory Board There were no applications for the vacancy on this board. Commissioner Rudberg asked that Commissioner Youngman ask the board to actively seek applications for this vacancy, as its Commissioner Liaison. (C) CDBG Economic Loan Review Committee There were no applications for the vacancy on this board. Commissioner Rudberg asked that, as staff person for this board, Ms. Dixie Swenson be asked to solicit applications to fill the vacancy on this board. - (D) Design Review Board Mayor Stueck asked that appointments to this board be delayed until after the Commission has had an opportunity to talk to the applicants. He then stated he feels that a work session with the whole board is needed, particularly since he is concerned about the direction the board is going. He noted that conversations with Planning Director Epple reveal 07-21-97 ----------- - 13 - that approximately 25 percent of the applications requiring design review are being submitted to the board at this time, since the Administrative Design Review staff can review the other 75 percent. Mayor Stueck stated that he would consider disbanding the Design Review Board if the Commission feels that step is appropriate, noting that existing staff could undertake the e reviews currently conducted by the board. He stated that conversations with one of the current members of the board, however, revealed that the Design Review Board does provide some beneficial input on projects. He also noted that Planning Director Epple has indicated that the staff uses the Design Review Board in the review of larger and more comprehensive projects, and they have found that input very helpful. Mayor Stueck stated he feels the board may have a place in an informational and advisory position; however, he does not believe they should be involved in any regulatory function. He then expressed concern that a majority of those who apply to serve on this board seem to be from Montana State University, rather than from private practice. Commissioner Frost stated that the Commission has talked to the Design Review Board _ before, and he feels it would be appropriate to do so again. He then characterized the review of one architect's work by other architects as being healthy, noting that open discussions can result in a better project. He noted that most architects do not take offense at such discussions; rather, they view it as an important part of the process. Commissioner Rudberg stated she is the only Commissioner who has consistently attended the Design Review Board meetings over the past year and a half. She stated that if she had her way, the board would be disbanded because she does not believe they are functioning properly. She expressed her concern about architects redoing another architect's work, stressing that providing latitude for individual tastes and ideas is important. She also expressed concern that the board often becomes bogged down in discussions about technical issues over which they have no authority, and their discussions often reveal that members have _ not visited the sites before the meeting. She also noted that the board often wishes to impose requirements beyond those contained in the code. She recognized that Montana State University is an asset to the community; however, she expressed concern that the architect members from campus lack the practical viewpoint. 07-21-97 --.. .---- - 14 - Responding to questions from Mayor Stueck, City Attorney Luwe cautioned that the terms of four of the board members expired on June 30, so the board no longer has a quorum with which to conduct meetings. He then stated there is no provision for temporary appointments and suggested that the Commission make at least a portion of the appointments or reappointments at this time, so the board may continue to meet. He reminded the e Commissioners that they do have the right to remove members at a later date if they determine that is necessary. Commissioner Youngman stated that if training is the key issue, she feels that all of the appointments could be made at this time since most people respond positively to such training. Mayor Stueck stated he does not support appointing an individual and later removing him or her because he feels that is embarrassing, both to the individual and to the Commission. Commissioner Youngman noted that the vacancies on this board have been advertised twice, and she does not anticipate that any more applications will be received before appointments are made, even if the appointment process is delayed. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the _ Commission reappoint Mara-Gai Katz as an architect member, appoint Henry E. Sorenson, Jr., to replace Cliff Chisholm as an architect member, and reappoint Kim Walker as a non- professional member on the Design Review Board, all with two-year terms to expire on June 30, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Following a brief discussion, City Manager Johnson stated he will schedule a training session with the Design Review Board at 7:00 p.m. on a Monday evening, to accommodate the work schedules of those board members. (E) City-County Health Board It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the _ Commission appoint Seth Pincus to the City-County Health Board, with an initial term to expire on December 31, 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Rudberg and Mayor Stueck; those voting No, none. 07-21-97 .--- -----.. -. - 15 - (F) Recreation and Parks Advisory Board It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission appoint Cynthia F. Mernin to replace Tim Snyder on the Recreation and Parks Advisory Board, with a term to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner e Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. (G) TIFID There were no applications for the vacancy on this board. Commissioner Rudberg asked that the staff person for this board be asked to actively seek applications to fill the vacancies on this board. (H) Tree Advisory Board There were no applications for the vacancy on this board. Mayor Stueck noted that a question has been raised about the membership of the Cemetery Board. He stated that the ordinance requires members to reside in city limits or within three miles of the city limits, and one of its members has moved approximately four and _ one-half miles out. He noted that another member resides just outside city limits. He then asked how the Commission wishes to address this issue. City Attorney Luwe noted that he has not had an opportunity to review the history of the ordinance to determine the rationale for the three-mile limit, although he noted that under State statute, a cemetery may not be located within three miles of the city. He then stressed that, under the City's ordinances, the individual who has moved outside the three-mile area is no longer eligible to be a member of the board. He encouraged the Commissioners to provide feedback on whether they wish to amend the residency requirements for this board, noting that he will prepare the necessary ordinance changes for Commission consideration based on that feedback. _ Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Invitation for the Commissioners to participate in the Sweet Pea parade. 07-21-97 ____.n__...._.__._____ - 16 - (2) Minutes of the Bozeman Historic Preservation Advisory Board meeting held on June 10,1997. (3) Agenda for the County Commission meeting to be held at 1.30 p.m. on Tuesday, July 22, at the Courthouse. (4) Agenda for the Development Review Committee meeting to be held at 10.00 a.m. e on Tuesday, July 22, in the Commission Room. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 22, in the Commission Room. (6) Certificate from United Way of Gallatin County honoring the City staff for their contributions to United Way. (7) The City Manager submitted his weekly report, as follows. (1) Attended breakfast with the Japanese visitors on Wednesday morning. (2) Spoke to the Chamber of Commerce Board on Tuesday morning. (3) Attended the City-County Planning Board meeting on Tuesday night. (4) Met with the final candidate for Library Director on Wednesday. He noted that the Board has made an offer of employment but has not yet received a response. e (5) Stated he was introduced to beavers on Friday morning, as he watched water running down Dell Place. (6) Attended several other meetings throughout the week. (7) Stated that the 35- mile-per-hour speed signs should be installed on Kagy Boulevard and 45-mile-per-hour signs should be installed on South 19th Avenue, north of Kagy Boulevard, later this week. (8) City Attorney Luwe stated he has submitted a memo outlining the procedure for the appellate hearings to be conducted this evening. He stressed that once the appellate hearing is closed, there must be a motion on the table before the Commissioners may discuss the appeal. (9) Commissioner Rudberg submitted the following. (1) Noted that it is time for evaluation of the Clerk of the Commission. She stated that how well an employee meets his or her goals is typically one of the elements upon which she bases her evaluation. She _ recognized, however, that in some instances, an employee has no control over circumstances which preclude meeting a goal. She cited the dirty jail cells and the lack of space for filing old documents as one of those circumstances and asked the City Manager to follow up on making sure those cells are repaired and cleaned as quickly as possible so that they can be used for archival storage. (2) Stated she feels it is important to reduce the amount of paper the 07-21-97 - 17 - Commissioners receive each week. She recognized that much of the paper can be recycled, however, she suggested that if the Commissioners would commit to spending time in the office to review one copy of much of the support information for each week's packets, the additional copies would not be necessary. (10) Mayor Stueck stated that he attended breakfast with the Japanese visitors on e Wednesday morning. He noted that, due to a lack of communication, no one from the Commission attended the reception for them on Monday evening, however, he feels that Wednesday morning's breakfast repaired the resulting damage. He then noted that Tom Wagner brought his horse, and that was the first time many of the Japanese visitors had seen a horse. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Reauest for Dermission to conduct 1997 Sweet Pea Run - Saturdav. Auaust 2. 7:30 a.m. - beginning on Babcock Street in front of Federal Buildina and ending at First Security Bank Darkina lot e AODlication for Kennel License - Calendar Year 1997 - Penny B. Black. 722 North Tracv Avenue Authorize City Manaaer to sian - Annexation Agreement with Doug L. Smith for annexation of 19.957 acres known as the E% of the W% of the E% of the SE%. Section 3. T2S. R5E. MPM (north side of Durston Road at Meaaher Avenue extended) (A-9601) Commission Resolution No. 3191 - annexina 19.957 acres known as the E% of the W% of the E% of the SE%. Section 3. T2S. R5E. MPM (north side of Durston Road at Meaaher Avenue extended) COMMISSION RESOLUTION NO. 3191 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE SMITH'S SECOND ANNEXATION (AND FORMERLY REFERRED TO AS THE SMITH ANNEXATION REQUEST) AND HEREIN MORE PARTICUlARL Y DESCRIBED. - Authorize City Manager to sian - Annexation Agreement with Dennis and Joni Balian for annexation of 6.15 acres known as Tracts 2. 3 and 4 of Fowler Subdivision and a tract Ivina in Tract 1. Fowler Subdivision (2701 West Babcock Street) (A-9502) Commission Resolution No. 3192 - annexing 6.15 acres known as Tracts 2.3 and 4 of Fowler Subdivision and a tract Ivina in Tract 1. Fowler Subdivision (2701 West Babcock Street) 07-21-97 -------..----.--- ---.-------.. .--- - .-..- -. - -. . ...--. --..,.-...--- .. -.--..---. - 18 - COMMISSION RESOLUTION NO. 3192 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TRACTS OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE YELLOWSTONE PEAKS ANNEXATION (AND FORMERLY REFERRED TO AS THE BALIAN ANNEXATION REQUEST) AND HEREIN MORE PARTICULARL Y e DESCRIBED. Authorize Mayor to sign - Findinas of Fact and Order - North Meadows Subdivision. Amended Phase I and Phase II - subdivide 7.9:1:: acres into five lots for residential develoDment: revisions to Phase I to relocate Dark and reconfiaure lots in Blocks 1 and 4 - located in the NW%.. Section 11, T2S. R5E. MPM (south side of Durston Road. west of Hunters way) Acknowledae receiDt of staff reDort - 89 + acres being a Dortion of Film 50. Page 177. located in the EYi. NE%. and the SE%.. Section 36. T1 S. R5E. MPM (along west side of Manlev Road. extending north from Griffin Drive): (Tablerock Ventures. Inc.. for David and Thelma Manlev) (A-9706) Commission Resolution No. 3181 - intent to annex 89 + acres beina a Dortion of Film 50. Paae 177. located in the EYi. NE%. and the SE%.. Section 36, T1 S. R5E. MPM (along west side of Manlev Road. extendina north from Griffin Drive): set Dublic hearing for Auaust 18. 1997 COMMISSION RESOLUTION NO. 3181 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, e 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. Ratifv Actina City Manager's sianature - Disaster and Emergencv Services Coordinator and Hazardous Materials Contract between Gallatin County and the City of Bozeman Commission Resolution No. 3193 - levvina and assessina street maintenance district for FY98: seltina Dublic hearing for Auaust 4. 1997 COMMISSION RESOLUTION NO. 3193 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1998 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO - ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3194 - intent to amend the land use Dlan element of the 1990 Bozeman Area Master Plan Uodate to initiallv classifv 148.05 acres located in the SW%.. Section 2. T2S. R5E. MPM. exceDtina the WYi. WYi. NW%.. SW%. and the WYi. WYi. SW%., SW%. as "Urban Residential I nfill " (along the north side of Durston Road, immediatelv west of Annie Subdivision) 07-21-97 _... ._____u_ -- -. . .~-" -.--. ".--- - 19 - COMMISSION RESOLUTION NO. 3194 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA MASTER PLAN UPDATE BY ESTABLISHING AN INITIAL LAND USE ELEMENT OF "URBAN RESIDENTIAL IN FILL" ON 148.05 ACRES LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE- e QUARTER OF THE SOUTHWEST ONE-QUARTER AND THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER. Application for Beer and Wine license - 232 East Main. Inc.. dba The Pub at MacKenzie River Pizza. 232 East Main Street - Calendar Year 1997 Reiect bid for sale of 1980 mini-pumper fire truck Application for liauor License - Boodles. Inc.. 215 East Main Street - Calendar Year 1997: contingent upon satisfaction of all conditions for conditional use permit and receipt of permanent State license Reauest for permission to conduct public presentation on "mountain man" skills and artifacts. includina firearms, on Bozeman Public library arounds - Friday. July 25. from 11 :00 a.m. to 12:00 noon Buildina Inspection Division ReDort for June 1997 It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the e 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 Rudberg and Mayor Stueck; those voting No, none. Reauest for permission to conduct public presentation on "mountain man" skills and artifacts. including firearms. on Bozeman Public Library arounds - Friday. Julv 25. 11 :00 a.m. to 12:00 noon Mayor Stueck stated he had requested this item be removed from the Consent Items. He then expressed concern that the letter from the Bozeman Public library, dated July 17, does not indicate whether the firearms are to be shot or simply displayed. City Attorney luwe stated that Mr. Ron Tewalt, the gentleman who is to display the _ artifacts, called him to make sure that he could perform at the Library in light of the new ordinance banning weapons in City-owned buildings. He noted that the ordinance provides an exception for activities approved by the Commission, with notice being given to the Police Department. He indicated that the weapon involved in this exhibit is an old style musket. He 07-21-97 .-. -.. ---.... ------ -_on - 20 - then stated it is his understanding that the weapon will only be displayed and not fired, but he will check on that issue. Mayor Stueck asked that this item be clarified prior to the event, to ensure that everyone is adequately protected. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that e the Commission approve the request for permission to conduct a public presentation on "mountain man" skills and artifacts, including firearms, on Bozeman Public Library grounds - Friday, July 25, 11 :00 a.m. to 12:00 noon, subject to assurances that the musket will not be fired. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none. ADDlication for Beer and Wine License - Bozeman Casino. Inc.. dba Maaic Diamond Casino of Bozeman. 1615 West Main Street - Calendar Year 1997: continaent UDon receiDt of State License City Attorney Luwe stated the attorney for the Hide-A-Way Lounge has appealed the e decision of the State and has obtained an order staying consideration of this application. He noted that a show cause hearing has been scheduled for Friday. He stressed that the dispute is between the Hide-A-Way Lounge and Magic Diamond Casino, and he is not certain why the City has been named. He then stated that he has just received an order staying consideration of this agenda item and recommended that the Commission table action on this item until the order has been revoked or terminated. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission table action on this application for a beer and wine license as submitted by Bozeman Casino, Inc., until after the order has been revoked or terminated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. - Recess - 5:00 D.m. Mayor Stueck declared a recess at 5:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 07-21-97 - -------.---- --- -------.----.-- - 21 - Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. e Appellate hearino - appeal 01 Administrative Desion Review staff decision to not allow construction of 12-foot bv 20-foot detached Dortable carcort on Lots 5. 6 and 7. Block J. Alderson's Addition - Gladvs M. Kauffman. 311 South Grand Avenue (Z-9773) This was the time and place set for the appellate hearing on the appeal of an Administrative Design Review Board (ADR) decision to not allow construction of a 12-foot by 20-foot detached portable carport on Lots 5, 6 and 7, Block J, Alderson's Addition, as submitted by Gladys M. Kauffman, under Application No. Z-9773. The subject property is more commonly located at 311 South Grand Avenue. Mayor Stueck opened the appellate hearing, after which he reviewed the procedure for this type of hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that the Administrative Design Review staff considered an application for a Certificate of e Appropriateness to allow construction 01 a 12-loot by 20-loot detached portable carport which is up to 12 feet high. He noted that the carport is constructed of aluminum and canvas, and he understands the height is adjustable. He showed the Commissioners a diagram of what the carport looks like, noting that under this application, it would be installed in the front yard of an historic structure in the heart of the BanTon Historic District. The Historic Preservation Planner characterized the existing house as being quite a large structure which has been identified as a contributing element within the BonTon Historic District, noting that it has retained a high degree of integrity. He stated that the neighboring structures are equally large or larger. He noted that just a couple blocks south of this area are some of what the architectural inventory has identified as the nicest homes in Bozeman, and the BonTon Historic District is the area with the highest concentration of historically and ~ architecturally contributing homes. The Historic Preservation Planner noted that cars are currently parked in the area where the carport is proposed. and that area is very visible from the street. He stated that there is a row of units at the rear of the lot that appear to once have been used as garages, although 07-21-97 - - u__.__._ n. _.__._. ____.. .___.._.._ ___ - 22 - they are currently used for storage. He suggested that using one of those units would be more appropriate than the proposed carport. The Historic Preservation Planner stated that the Planning staff reviewed this application in light of the criteria set forth in Section 18.42.060 as well as the Secretary of Interior Standards. He forwarded the staff findings that this application does not comply with either e the criteria in the zone code or the Secretary of Interior Standards. He noted that staff is concerned that the architectural character of the site and the area would be compromised if this temporary-appearing structure, which has very little relationship to its surroundings, is allowed. He then stated that one neighbor has called in opposition to the requested carport, and that information has been forwarded in the Commissioners' packets. Mrs. Gladys Kauffman, applicant, identified several areas where she does not feel the staff report accurately reflects her request. She stated that the carport is not canvas covered; rather, it has an aluminum cover. She stated that she purchased the carport kit at Ernst when it was going out of business, not realizing that she would encounter any problems with erecting it at her home. She characterized herself as also being "an historic district", noting that snow e shoveling is becoming increasingly difficult for her. Mrs. Kauffman noted that there are nine storage sheds at the back of the lot. She stated, however, that when they were built, cars were much smaller, and they are now simply used for storage. She noted that she considered conversion of two of those units into one garage unit for her car; however, access from the alley is extremely difficult, particularly when snow accumulates in the alley and the rear of her lot. Mrs. Kauffman noted that the carport kit can be up to 12 feet high, and recognized that the picture shows a recreational vehicle in it. She stated, however, that the carport is to house her 1988 Buick and will be only 8 feet high. She then noted that the staff report indicates the carport is to be located in the front yard, and showed to the Commissioners pictures of where her car is parked. She noted that the carport will, in fact, be located in the side yard and will _ not extend any closer to the street than the enclosed front porch. Mrs. Kauffman asked that the Commission allow her to erect the portable carport for as long as she resides in this home. She stated that, since it is not a permanent structure, the carport would be removed before the property is sold to anyone else. She asked the Commission to consider her limitations, particularly since it is becoming more difficult for her 07-21-97 ......--.-- .--.- ...--.---- - 23 - to shovel the snow. She also stated that she is on a very limited income since her husband was an independent contractor, and she cannot afford to build a garage. She then noted that a carport was constructed on the property adjacent to hers before the zone code restrictions were implemented, and asked that she be allowed to erect her carport. . Ms. Valerie Deeney, 2907 Westridge Drive, stated she is Mrs. Kauffman's daughter. " She said this requested carport would be a good exception to the rule in light of the differences between the staff report and her mother's presentation. She stated that the owners of the house immediately adjacent to her mother's house, on the side where the carport will be located, have indicated they have no objection to the proposed carport. She then encouraged the Commission to approve this request, with the stipulation that it be for her mother only. Since there were no Commissioner objections, Mayor Stueck closed the appellate hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission uphold the Administrative Design Review (ADR) decision to not allow construction of a 12-foot by 20-foot detached portable carport on Lots 5, 6 and 7, Block J, Alderson's e Addition, as submitted by Gladys M. Kauffman, under Application No. Z-9773. Commissioner Frost stated that, while he understands and recognizes the hardship, he cannot support erecting the portable carport in this historic district because it does not meet the code and because the harm to the historic district would be greater than the benefit to this property. Commissioner Youngman stated there are several areas in town where a portable carport could be erected, suggesting that it could be sold to someone else 50 the applicant does not lose her money. She noted that, while she would like to find a way to assist the applicant, she cannot support this request. Commissioner Rudberg stated she cannot find any grounds upon which to overturn the Administrative Design Review staff's decision. _ Mayor Stueck stated he basically concurs with the comments of the other Commissioners' comments. He noted that, in light of the temporary nature of the need for the carport, he has tried to identify a way to accommodate Mrs. Kauffman's need but has been unable to do so. 07-21-97 ..- - 24- The motion, to uphold the ADR decision, carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting no, none. _ ADDellate hearing - aDDeal of Desion Review Board conditions on chan~es to the exterior of Dreviouslv aDproved structure - Carl Tanae. Jr.. for HamDton Inn (Z-951338) This was the time and place set for the appellate hearing on the appeal of Design Review Board conditions on changes to the exterior of a previously approved structure, as submitted by Carl Tange, Jr., for Hampton Inn, under Application No. Z-95133B. The subject property is described as Block 3, Tange's Addition, and is located immediately west of the HOliday Inn. Mayor Stueck opened the appellate hearing. Assistant Planning Director Debbie Arkell presented the staff report. She gave a brief history of the project, noting that in March 1996, the Planning Board conditionally approved the major site plan for the Hampton Inn. She stated that in May 1997, the applicant submitted a request to modify several elements of the exterior elevations and finishes. In response to that request, the Design Review Board voted to approve the addition of gables, columns and I chimneys; utilization of a different style window; and substitution of a combination stone and rough sawn siding for the previously approved brick veneer on portions of the exterior. She noted that the Design Review Board voted to not approve the requested use of Dry-vit on the gable ends, but required that the rough sawn siding be extended into the gable ends. The Assistant Planning Director stated the appellant has indicated that Dry-vit is the preferred finish for the gables, both for visual and maintenance purposes. The appellant has further indicated that there are many buildings in Bozeman where Dry-vit has been mixed with siding to create an attractive appearance. She noted that the record from the Design Review Board meeting indicates that the Board was concerned that the Dry-vit would not match the remainder of the building. e Mr. Bill Martel, general contractor representing the applicant, stated that Dry-vi! has been used in many different applications throughout the community, and he does not understand the opposition to its use in this instance. He noted that the gable ends where the Dry-vit would be used are 30 feet in the air. He further noted that gable ends are typically high maintenance areas because of their exposure to the elements, and Dry-vit tends to resist the 07-21-97 - 25 - weather patterns and maintenance needs. He concluded by encouraging Commission approval of this appeal. Responding to Commissioner Rudberg, Assistant Planning Director Debbie Arkell stated that the brick veneer around the gables and windows was designed to break up the expanse of the building. She noted that, while the Design Review Board felt the change from brick " veneer to stone and rough sawn siding was appropriate and would provide for visual breaks in the building, they felt the Dry-vit in the gables was not appropriate. Since there were no Commissioner objections, Mayor Stueck closed the appellate hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission overturn the Design Review Board's condition on changes to the exterior of a previously approved structure, as submitted by Carl Tange, Jr., for Hampton Inn, located on Block 3, Tange's Addition, under Application No. Z-95133B, to not allow the use of Dry-vit on the gable ends. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck; , those voting No, none. Public hearina -variances from Sections 18.50.030.D.1.. 18.50.030.D.2.. 18.50.110.8.1. and 18.52.030.D.1.a. to allow develoDment of the Ponds Row housing Droiect concurrentlv with installation of infrastructure imDrovements - Bozeman Interfaith Housing II (C-9716) This was the time and place set for the public hearing on variances from Sections 18.50.030.D.1., 18.50.030.D.2., 18.50.110.B.1. and 18.52.030.D.1.a. of the Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II, under Application No. C-9716, to allow development of the Ponds Row housing project concurrently with the installation of infrastructure improvements. The subject property is located along the south side of West Babcock Street, just east of Fowler Avenue. Mayor Stueck opened the public hearing. e It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the public hearing be continued to 3:00 p.m. on Monday, July 28. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and mayor Stueck; those voting no, none. 07-21-97 - 26 - Public hearina - variance from Section 16.26.060 to allow develoDment of the Ponds Row housing Droiect concurrently with installation of infrastructure imDrovements - Bozeman Interfaith Housina II (C-9716) This was the time and place set for the public hearing on a variance from Section 16.26.060, Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II, under " Application No. C-9716, to allow the development of the Ponds Row housing project concurrently with the installation of the infrastructure improvements. The subject property is located along the south side of West Babcock Street, just east of Fowler Avenue. Mayor Stueck opened the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the public hearing be continued to 3:00 p.m. on Monday, July 28. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3184 - intent to annex 160:t acres located in the NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and Baxter Lane. immediately west of Rose Park) - XL limited PartnershiD (A-9705) I This was the time and place set for the public hearing on Commission Resolution No. 3184, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3184 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. Mayor Stueck opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the public hearing be continued to 7:00 p.m. on Monday, August 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, e Commissioner Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearing - Zone MaD Amendment - "AS" to "R-3" - 160 + acres located in the NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and Baxter Lane. immediately west of Rose Park) XL limited Partnership (Z-9743) This was the time and place set for the public hearing on a Zone Map Amendment, as 07-21-97 - 27 - requested by XL Limited Partnership, under Application No. Z-9743, to change the zoning from 160:t acres located in the Northwest One-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, from" AS", Agricultural Suburban, to "R-3", Residential-- Medium-density. The subject property is more commonly located between West Oak Street " extended and Baxter lane, immediately west of Rose Park. Mayor Stueck opened the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the public hearing be continued to 7:00 p.m. on Monday, August 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3185 . intent to annex 148.05 acres located in the SW~. Section 2. T2S. R5E. MPM. exceDting the W%. W%. NW~. SW~ and the W%. W"h. SW~. 5W~ (alona the north side of Durston Road. immediatelv west of Annie Subdivision) . Gatewav Limited Partners (A.9704) This was the time and place set for the public hearing on Commission Resolution No. e 3185, as approved by 1he Ci1y Attorney, en1i1led: COMMISSION RESOLUTION NO. 3185 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. Mayor Stueck opened the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the public hearing be continued to 7:00 p.m. on Monday, August 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. e Public hearinQ - Master Plan Amendment - amend the land use olan element of the 1990 Bozeman Area Master Plan Uodate to initiallv classifv 148.05 acres located in the SW~. Section 2. T2S. R5E. MPM. exceDting the W%. W%. NW~. SW~ and the W%. W%. SW~. SW% as "urban residential infill (along the north side of Durston Road. immediatelv west of Annie Subdivision) (P-9722) This was the time and place set for the public hearing on a Master Plan Amendment, as 07-21.97 ----.. - . -~-- - 28 - requested by Gateway Limited Partners, under Application No. P-9722, to amend the land use plan element of the 1990 Bozeman Area Master Plan Update to initially classify 148.05 acres located in the Southwest One-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, excepting the West One-half of the West One-half of the Northwest One- quarter of the Southwest One-quarter and the West One-half of the West One-half of the ~ Southwest One-quarter of the Southwest One-quarter as "Urban Residential I nfill " . The property is more commonly located along the north side of Durston Road, west of Annie Subdivision. Mayor Stueck opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the public hearing be continued to 7:00 p.m. on Monday, August 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - Zone MaD Amendment - establish initial zonin9 of "R-2a" on 148.05 acres located in the SW%. Section 2. T2S. R5E. MPM. exceDtina the W%. W% I NW%. SW% and e the W%. W%. SW'A. SW'A as "urban residential infill (alonq the north side of Durston Road. immediatelv west of Annie Subdivision) (Z-9742) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by Gateway Limited Partners, under Application No. Z-9742, to establish an initial zoning of "R-2a", Residential--Single-family, Medium-density, on 148.05 acres located in the Southwest One-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, excepting the West One-half of the West One-half of the Northwest One-quarter of the Southwest One-quarter and the West One-half of the West One-half of the Southwest One- quarter of the Southwest One-quarter. The subject property is located along the north side of Durston Road, west of Annie Subdivision. Mayor Stueck opened the public hearing. e It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the public hearing be continued to 7:00 p.m. on Monday, August 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 07-21-97 ...--- . .----.-------...---- -----. - 29 - Adjournment - 7:40 p.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 and Mayor Stueck; those voting No, none. ( 2 L /}~6__~ DON E. STUECK, Mayor ATTEST: ~~J~ RO IN L. SULLIVAN Clerk of the Commission e e 07-21-97 -- ..-.-..-..- -. .---.--. .--.