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HomeMy WebLinkAbout1997-04-21 Minutes, City Commission .- ..- _.. ._ __.... .. _. __ ... .....u__.... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 21, 1997 ***************************** The Commission of the City of Bozeman met in regular session in the Commission . Room, Municipal Building, April 21, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey (for the evening session only), City Attorney Luwe (serving as Acting Acting City Manager during the afternoon session) 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 - April 7. 1997 At the Clerk of the Commission's request, Mayor Stueck deferred action on the minutes . of the regular meeting of April 7, 1997, for a period of two weeks. Review of impact fee proaram. including fees and percentaaes of fees assessed City Attorney Luwe stated that, under the City's impact fee program, the Commission must review the levels of the impact fees by May 1 each year, to determine whether they need to be adjusted. Included in the Commissioners' packets were copies of memos from Impact Fee Coordinator Chris Saunders, dated April 9, April 14 and April 21, in which he forwarded information regarding a draft impact fee capital improvement program and the impact fees that would be generated at various percentages. Impact Fee Coordinator Saunders noted that in his memo dated April 19, he forwarded . responses to several questions raised by the Commissioners during the April 14 agenda meeting. He briefly highlighted the contents of his memo. He indicated that, while it would be difficult to provide credit against impact fees for infill development, impact fees can be used to assist or encourage infill development through funding of needed infrastructure improvements through the impact fees. He noted that the current impact fee program favors 04-21-97 - 2 - non-residential development because of the percentages of costs assessed for the various services. He stated that, with a change in the percentages assessed, the program could be altered to create a more even balance or favor residential development. The Impact Fee Coordinator noted that, in the information submitted, he has prepared a table showing the amounts of impact fees that could have been assessed at 100 percent of . the costs identified versus the amounts that have been collected to date. He noted that, of the $1.2 million that could have been collected, $334,000 was actually assessed and collected. Responding to Commissioner Rudberg, the Impact Fee Coordinator stated that Gallatin County must establish a guideline for what is considered affordable housing before it may grant a variance to the impact fees. Responding to Mayor Stueck, City Attorney Luwe reminded the Commission that when the impact fees were passed last year, they indicated an interest in reviewing this program to determine if any actions by the Legislature had provided alternatives for funding of infrastructure. He then indicated that the Commission does not need to take action today, particularly since the legislative session is not yet ended. . Mr. Richard Barber, 3240 Heeb Road, stated he is a small contractor who has constructed homes in the Gallatin Valley for several years. He noted that he began paying impact fees in July, and he is feeling the resulting crunch. He stated that building permit fees have been increased, so they are now almost double what they were, and the impact fees have been added on top of that. He stated that, as a result, his homes have become more expensive but the number of extras has decreased. He further noted that, for the first time since he began building homes, he is now sitting on one that has not sold. He strongly encouraged the Commission to not increase the impact fees, since he feels it will drive construction out into Belgrade and Manhattan, where the costs are lower. Mr. Val Steiner, contractor, stated he has built homes in Bozeman since 1964. He reviewed the significant increase in building permit fees, from $15 in 1964 to $3,348.25 in . 1997. He noted that other costs have also increased dramatically, with a lot now costing $26,900 and a basement costing $7,748. He stated that he builds a good quality home at what he feels is an affordable price and, at the present time, he has a 1 ,450-square~foot home on the market for $119,900 and two other houses for $138,000 and $109,000. He expressed his concern about having three homes which have not sold yet, particularly when the profit 04-21-97 -- ---------- ..--..-..----...- - 3 - margin is below the 8 to 10 percent that it should be. He stated that an increase in impact fees will hurt many of the builders, although the larger builders may be able to absorb those increases. Responding to Mayor Stueck, Mr. Steiner stated that one of the houses has been on the market for nine months, one of the houses (which is in Belgrade) has been on the market . for three months, and the other will be completed in approximately two weeks. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, noted that when the issue of impact fees was initially discussed, the Commission was "very gracious" in extending the time period to look at alternatives for funding of infrastructure improvements. He noted that a task force, comprised of a widely diverse group, was created to identify alternatives and pursue them through the legislative session. He noted that, unfortunately, none of the alternatives identified met with much support in Helena, even among the local legislative delegation. He then encouraged the Commissioners to be very cautious in its deliberations about increasing the impact fees, taking into consideration the impacts that such increases might have on the building industry and commercial development in the . community. Ms. Sally Hickey, Southwest Montana Building Industry Association, stated she has been involved in the implementation of impact fees from the beginning, since she served on the task force which was created when the process began. She noted that the building industry recognizes the need to fund infrastructure improvements for the growing community. She cautioned, however, that they are encountering increases in many different areas, and increasing impact fees will only compound those problems. She asked that the Commission allow more time for pursuing other sources of funding, rather than increasing the impact fees at this time. Commissioner Rudberg forwarded her desire to wait until after the legislative session has been completed before taking action on this item. She noted that affordable housing is a . major issue in the community, and she is concerned that assessing impact fees at 100 percent of costs would have a negative affect on the affordability of homes in the community. Commissioner Frost stated he feels the Commission must look at how to adjust the percentages of fees assessed to balance the costs so that residential and non-residential development bear the same load rather than giving commercial and industrial development a 04-21-97 - 4 - break. He also forwarded his interest in considering an exemption for affordable housing units, noting the policy could be based on the federal guidelines for very low and low income levels. He suggested that this exemption could include a sliding scale, based on the level of affordability. Commissioner Frost stressed that, since impact fees have been implemented at only . a percentage of the actual costs, taxpayers in the community continue to subsidize the costs of growth. As a result, many people are leaving Bozeman because they cannot afford the costs, and some residents who have lived here for many years can no longer afford to own their homes because of the tax burden. Commissioner Frost stated that, with what appears to have happened to the property tax levels during this legislative session, the City will have less revenues from this source, which will probably result in decreased services. He noted that, in light of the financial problems facing the City, it is important to consider increases in the impact fees. He stressed that the fees should not be increased to their full level, but they should be increased in a manner which levels out the burden. He also noted it is important to consider the building . industry when raising the impact fees, since this industry is a large employer in the community and provides a livelihood for many people. Mayor Stueck noted that statistics recently compiled by the Chamber of Commerce reveal that commercial development requires well under $1.00 in services for every dollar paid in taxes while residential development requires well over $1.00 in services for every dollar paid in taxes. He suggested this type of information should be taken into consideration when adjusting the impact fees. He recognized the importance of discussing this issue with the building industry and the Chamber of Commerce before taking any action. Commissioner Youngman stated she is not prepared to take action today, noting the importance of considering the results of this year's legislative session in conjunction with any changes in the levels of impact fees assessed. She noted the importance of recognizing that, . through continued charging of impact fees at a low level, the Commission is asking existing residents to continue heavily subsidizing growth. Mr. David Smith asked how many of the six new police officers are the result of growth and whether property tax relief would result if the impact fees were implemented at 100 percent of the levels identified. 04-21-97 -------.--..--..- -- -.-.------.-- --------..-. -_.~~-_. - 5 - Impact Fee Coordinator Chris Saunders stated that a comprehensive review of the impact fee program is required every three years. He noted that if growth suddenly stops, that will be taken into consideration when the review is conducted. Mayor Stueck requested that a discussion with the building industry and the Chamber be placed on an upcoming work session, before the Commission takes any action on the level . of impact fees assessed. Discussion - reauest Dreviously forwarded by Nadia Beiser. Planned DeveloDment. Inc.. re extension of City sewer service to Fort Ellis Leisure Community Included in the Commissioners' packets was a memo from staff, dated April 16, forwarding staff's comments and recommendations regarding the request forwarded by Ms. Nadia Beiser, on behalf of Planned Development, Inc., for extension of City sewer service to Fort Ellis Leisure Community. Planning Director Andy Epple stated that the Development Review Committee reviewed this request, and the comments forwarded during that review have been incorporated into the memo submitted to the Commission. He further noted that on Tuesday, April 15, the . Development Review Committee met with Ms. Beiser about this item. The Planning Director reviewed each of the seven points contained in the memo which had been submitted to the Commission. He noted that no portion of the Fort Ellis Leisure Community lies in or near the service boundary of the existing sewer system, although it does lie along the edge of the urban growth area. He stated that, since the property lies well outside the city limits, this proposal can be characterized as "contracting for sewer service", since there is little chance that it might be annexed in the foreseeable future. He noted that the Fort Ellis Community, as approved without City sewer service, complies with the 1990 Bozeman Area Master Plan and the zone code. He recognized that, through clustered development, future connections to City water and sewer services could be accommodated. . The Planning Director forwarded staff's concern about the precedent that might be set by approval of this request. He reminded the Commission that the Rae Water and Sewer District has previously requested connection to the City sewer system, and approval of its request at this time could set the parameters for how the City might possibly respond to a future request from that district. He cautioned that the City's Wastewater Treatment Plant 04-21-97 --,,------- .---------- - 6 - population level has been set at 36,000 persons, and once that level is reached, a more advanced, efficient and expensive treatment system will be required. He noted that, through infill of existing vacant land within the city limits and anticipated annexations in the near future, that population level could be easily reached. The Planning Director recognized that future municipal sewer lines to this subject area . are, indeed, shown in the draft facility plan update. He reminded the Commission, however, that this plan is a 20-year planning document; and it is important to ensure orderly and incremental growth, not a leapfrog approach. He cautioned that the existing City staff and equipment are already spread thin when addressing the maintenance of the system. He noted that to extend the infrastructure well outside city limits will only serve to place a greater strain on those maintenance services. He stated that staff is also concerned about this proposal to extend only one of the City's services to this site. He identified many of the other services which are provided by the City, forwarding staff's position that a development should not be given an opportunity to pick and choose the services it wants, rather than participating in the funding for the full range of services. . Responding to Commissioner Stiff, Impact Fee Coordinator Chris Saunders stated that, if this request is approved, the wastewater impact fees would be collected at the time a building permit is drawn. He noted that, since the wastewater fees have been implemented at 35 percent of the costs identified, that portion would go into the Wastewater Impact Fee account and the remaining 65 percent would go into a separate interest-bearing trust account. Commissioner Stiff stated he would prefer to see all of the 65-percent portion of the impact fees deposited in an interest-bearing trust account as soon as the sewer lines are extended to the site, with those monies being earmarked for expansion of the Wastewater Treatment Plant. Mayor Stueck stated it appears the two concerns which have been identified pertain to using up existing plant capacity, which has been generally set aside for those properties in . or closer to the city, and precedent. He stated that if the developer is required to cover all of the costs of extending the sewer system to a subject parcel and is then required to pay impact fees at 100 percent of the costs identified, the precedent issue should be minimal. Director of Public Service Phill Forbes stated another precedent to carefully consider is the issue of annexation versus not annexing and still acquiring specific City services. He 04-21-97 --..... - 7 - noted that, if extension of City water and sewer services outside city limits is allowed, then the density of development may increase. He asked the Commission to consider the additional impacts that this could place on other City services, such as the parks, streets and library, without any additional revenues to support those services. Mayor Stueck noted that, based on projections when the Wastewater Treatment Plant . was last expanded, the next expansion should be due in 2002 to 2005. He recognized that, while connection of this development to the system will reduce the remaining capacity available, it will also generate some revenues to apply toward the costs of the new expansion. Commissioner Frost stated that those property owners within the sewer service area have a reasonable expectation that development of their property would be served by City sewer services. He expressed concern that this requested extension could result in that expectation not being met on some properties lying within the service area. He expressed additional concerns about providing sewer services without requiring annexation. He also asked who would be responsible for maintaining that portion of the City's sewer system lying outside city limits, particularly if a break were to occur. . Director of Public Service Forbes stated that, in the absence of any agreement for a privately maintained system, the City crews would be responsible for maintenance of the system. Commissioner Rudberg noted that 25 years ago, the City approved extension of both City water and sewer services to the Covered Wagon Mobile Home Park, and it still isn't annexed. She stated that, in light of this situation, she does not believe that connection of Fort Ellis leisure Community to the City's sewer system would establish a precedent; rather, the precedent has already been established. Ms. Nadia Beiser, Planned Development, Inc., stressed that connection to the City's sewer system will not result in any increase in the density of development within the Fort Ellis Community. She then encouraged the Commission to remember that this request is for a .8- . mile extension of the City's sewer system, which she does not view as a long extension. She stated that, since a good water supply is available through the drilling of wells, both in quality and quantity, connection to the City's water system is not necessary for this development. Ms. Beiser stated that an innovative approach to annexation in other areas of the country involves the annexation of a series of one-foot-wide strips along the sides of the road 04-21-97 - 8 - right-of-way to connect an outlying parcel with the existing city limits. She suggested that such a method, possibly using up to 20-foot-wide strips, could be used if the City wishes to annex Fort Ellis Community. She then characterized this as a discussion about "how to provide infrastructure for a growing community". Ms. Beiser noted that her proposal is based on the premise that development must pay . for itself. She forwarded her surprise that the City doesn't recognize the value of using private funds to extend its infrastructure system. She reminded the Commission that under her proposal, the developers will bear the capital costs of the extension and upgrading of the infrastructure. In addition, they will pay 100 percent of the impact fees, rather than the 35 percent level which has been implemented by the City. Also, she noted that the maintenance costs can be covered by the regular monthly use fees which they will pay. Ms. Beiser stated that an on-site septic system will reduce the affordability of the dwelling units. She also noted that the State, the County and the City all recognize it is preferable to connect development to municipal services rather than having on-site systems which might have negative environmental impacts. . Responding to questions from the Commission, Ms. Beiser proposed that the impact fees be paid as homes are connected to the sewer service. She stated that, because of the initial costs of installation of the sewer main and upgrading of the lift station, she cannot afford to pay the entire 55-percent difference between the full impact fees and the amount collected uptront. Commissioner Rudberg reiterated her belief that approval of this request would not establish a precedent. She then forwarded her opinion that growth should pay for itself, and this proposal will accomplish that. She also noted that if this development, which has already been approved, is allowed to connect to City sewer, the dwelling units can be more closely clustered, resulting in more open space. Also, the developer has indicated that more affordable units can be provided if the project is connected to City services. . Commissioner Stiff noted that a conversation with City staff earlier today revealed that applications to annex 700 more acres into the community will be forwarded in the near future, and that will further increase the City's obligation for providing services within the service area. He stated that he is very impressed with this developer and her willingness to pay the entire 04-21-97 - 9 - amount of the impact fees. He indicated, however, that he is concerned about committing the City's services this far outside the service area. Commissioner Youngman noted that when this proposal was discussed a year ago, she was concerned that the City was unable to determine what the costs were, and there was no mechanism for charging for costs. She recognized that the proposal is less premature now, . since the City has implemented impact fees; however, she noted that a broader set of problems has been identified. She questioned what the compelling reasons might be for approval, and how it might be in the community's best interests. She recognized that under this proposal, the infrastructure system would be upgraded and extended at no cost to the City; however, she remains concerned about the precedent it would set. She stated that if this type of request is to be considered when a septic emergency does not exist and when annexation is not an option, it is important to have a policy by which to evaluate it. Commissioner Youngman noted that the developer has indicated the dwelling units would be more affordable on City sewer service than on a community system; and the provision of affordable units is always of interest. She stated that the homes in the Rae Water . and Sewer District are also affordable units, and they will be approaching the City with a similar request. She then stated that, because of the concerns raised by staff and because of her concerns about precedent, she cannot support this request. Commissioner Frost expressed concern that approval of this request would result in taking away the potential of sewer services to properties within the sewer service area. He is also concerned about the precedent of providing City services to an area where annexation is not an option. He forwarded his skepticism that, after paying all of the infrastructure costs and 100 percent of the impact fees for wastewater, the dwelling units will be priced as affordable starter homes. He concluded by stating he does not believe it is in the City's best interests to approve this request. Mayor Stueck noted that, as a result of his serving on the City-County Health Board, . he recognizes the negative impacts that can result from approval of septic systems. He reminded the Commission that when this proposal was submitted a year ago, he was the only Commissioner who voted for it, and he still feels it would be more appropriate to allow this development to connect to the City's sewer system than to allow it to develop with an on-site sewer system because protection of the groundwater would be assured. He further noted that 04-21-97 ---- - 10 - connection to the City's system will allow for more open space and will help to ensure that the homes are priced as starter homes. Mayor Stueck noted that the Wastewater Treatment Plant was expanded in 1982; and since that expansion was rated as a 20-year expansion, the next upgrade and expansion should be anticipated in 2002, whether this development is connected to the system or not. He then . stated that he feels the proposal should be accepted, particularly in light of the commitments which the developer has made. Commissioner Rudberg stated she feels the precedent that would be set by approval of this request is paying 100 percent of the impact fees, rather than the percentage currently in place. She then forwarded her position that a property owner should not assume that, just because the property is located within the service area, those services will automatically be provided when he or she is ready to develop. She concluded by forwarding her support of this proposal. Commissioner Stiff stated the fact that no greater density of development would be created by approving this request is a benefit that should be carefully considered, since the . project is capped at 188 dwelling units. He then stated that not too many people would be willing to make the type of financial commitment that is involved with this application, so he feels that the precedent issue is very limited. He noted his preference would be to have the 65 percent "in lieu of impact fees" paid up front rather than with connection of each dwelling unit. He proposed that action on this request be delayed to give the applicant an opportunity to give additional consideration to this request. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission table action on this request until the May 5 meeting, to give the developer time to further consider his request for upfront payment of the "in lieu of impact fees". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; . those voting No, none. Ms. Nadia Beiser indicated she will be unable to attend the May 5 meeting, but she would be able to attend the May 12 Commission meeting. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission remove this item from the table and reconsider its previous action. The motion 04-21-97 ------.. --- -.---- - 11 - carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission table action on this request until May 12, at which time it will be considered in a . special meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Reauests for City to Day impact fees for affordable housing Droiects: (A) Bozeman Interfaith Housina II for moiect alona south side of 3000 block of West Babcock Street; and (B) Habitat for Humanity for house in 100 block of North 24th Avenue City Attorney Luwe noted that the Commission previously acknowledged receipt of these requests for the City to pay the impact fees for the affordable housing projects being undertaken by Bozeman Interfaith Housing II and Habitat for Humanity. He further noted that the Community Affordable Housing Advisory Board has considered these requests and . forwarded its recommendation that the housing monies not be used for this purpose. Mr. Michael Vincent, President of Habitat for Humanity, stated that they are preparing to construct a new home at 121 North 24th Avenue this spring. He stated the home is targeted toward a very low income family, hopefully, at a purchase price not exceeding $50,000. He expressed concern that if they are required to pay approximately $1,200 in impact fees, they will be unable to meet their goal of keeping the cost affordable to those families targeted under this program. Rev. Glover Wagner, President of Bozeman Interfaith Housing II, stated they have requested that the City pay the impact fees for their affordable rental project for the same reasons, noting the fees are estimated at $12,000. Mr. Vern Klingensmith, Manager of Bozeman Interfaith Housing I, stated that five of . those nine units are rented under the Section 8 housing program, which has an income ceiling of $16,000 per year. He then reminded the Commission that their COBG grant application was not approved; however, they plan to move forward with the second housing project with the monies they have available through the HOME grant and the Board of Housing loan. He stated 04-21-97 - 12 - they have executed the buy/sell agreement on the property along West Babcock Street, and they currently have a very low balance in their bank account. Mayor Stueck noted that the City does not have the authority to waive impact fees and its resources are limited; however, the City does have the authority to waive the building permit fees. He indicated that he would also be willing to waive the plan review fees. . Commissioner Rudberg stated the Commission must carefully look at every penny in its budget for this upcoming fiscal year, particularly in light of this legislative session and the 1-105 cap. She stated that, while she does not have a problem with waiving the building permit fees, she cannot support paying the impact fees. Commissioner Stiff stated that a conversation with Assistant Finance Director Peg Biekert earlier today reaffirmed that the Community Affordable Housing Advisory Board does not believe the monies from the housing funds can appropriately be used to cover the impact fees for these projects. Commissioner Youngman asked if the Commission would consider waiving the building permit and plan review fees and then pay the difference between those fees and the impact . fees. She recognized that the City's budget is tight; however, she suggested that this would reflect the Commission's commitment toward encouraging affordable housing while having minimal cash outlay. She noted that the Commission has decided to review requests on a case-by-case basis, and she feels that both of these projects warrant consideration because they target the very low income families and because only a small amount of money is involved. She then suggested that the Commission could table its decision on these requests for a period of two weeks, to allow staff an opportunity to forward suggestions on the source of funds to cover this difference between the fees. Mayor Stueck stated that, since he does not know where these applicants are in the process of obtaining the necessary permits, he would prefer to vote on waiving the building permit and plan review fees today and table the proposal for the City to pay the difference . between those fees and the impact fees for a period of two weeks. Commissioner Rudberg stated that, while she would love to see everyone own their own home, she does not believe that government should necessarily be involved in ensuring that that occurs. She also forwarded her concerns about the fact that the City has limited funds upon which to operate, noting that every request must be closely scrutinized. 04-21-97 ..------.. - 13 - It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve waiving the building permit and plan review fees for the Bozeman Interfaith Housing II housing project on West Babcock Street and the Habitat for Humanity house at 121 North 24th Avenue, and table action on a proposal for the City to pay the difference between the impact fees and the building permit and plan review fees for a period . of two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Reauest for waiver of buildina Dermit fees for shelter at Bozeman Ponds Commissioner Frost indicated that, while he supports this request, he also recognizes that the City's financial limitations must also be considered. Mr. Tom LeProwse, Bozeman Breakfast Optimist Club, stated that they have already obtained the building permit, which required payment of the building permit fees. He noted that if this request is approved, they will request a refund of those fees. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the request from the Bozeman Breakfast Optimist Club for waiver of the building permit fees for the shelter at the Bozeman Ponds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. UDdate re leaislative issues City Attorney Luwe stated that the legislative session will end this week. He noted that bills pertaining to property taxes are still under consideration and, depending on if and how those bills are passed, the City could lose any potential increase from property taxes plus lose the ability to levy any additional mills. He stressed that, until the legislative session has ended . and staff has had an opportunity to review the final bills, as passed, the exact impacts to the City will not be known. Discussion - FYI Items City Attorney Luwe presented to the Commission the following "For Your Information" 04-21-97 - 14 - items. (1 ) Letter from the Montana Natural Resource Information System, dated April 28, announcing that the GIS Public Night is scheduled for Monday, April 28, at the GranTree Inn. (2) Memo from Neighborhood Coordinator/Grants person James Goehrung, dated April 18, regarding the Bozeman Traffic Watch Program, under which notices of upcoming . street closures are sent to the major news providers in the community. (3) Letter from Ms. Jennifer Nelson, 1304 South 5th Avenue, dated April 12, regarding residential parking permits. (4) Letter from Mrs. Oscar Thomas, 315 South 14th Avenue, dated April 15, regarding the proposed automated garbage collection system. (5) Letter from Mrs. Doris Ward, 11 Hoffman Drive, regarding the proposed automated garbage collection system. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 22, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on . Tuesday, April 22, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 22, at the Courthouse. (9) City Attorney Luwe asked when the Commission wishes to schedule groups to be recognized, particularly if that group includes students. Following a brief discussion, the Commissioners concurred it would be best to schedule groups for recognition at 7:00 p.m., immediately prior to the public hearings. (10) Commissioner Frost stated that last week was a busy week, with meetings every night. (11 ) Commissioner Youngman stated that she, too, attended several meetings last week. . (12) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee meeting and the City-County Planning Board meeting on Tuesday. (2) Attended the Transportation Coordinating Committee meeting on Wednesday. She noted that at that meeting, information on the STARS 2000 (Surface Transportation Authorization and Regulatory Streamlining Act) was distributed, indicating that she has provided copies to 04-21-97 -- -- ---.-.--- ----- - 15 - each of the Commissioners. (3) Attended the Victim/Witness board meeting, at which statistics on new and continuing contacts were provided. She expressed concern that the legislature did not add a fee to fines involving victims, to help fund the program. (4) Attended BACC II this past weekend. (5) Reminded the Commissioners that Clean Up Bozeman begins at 8:00 a.m. on Saturday morning, and they are scheduled to clean around City Hall. (6) . Distributed copies of an information sheet entitled Options for Building the Future, which was distributed at the Chamber of Commerce Governmental Affairs Committee meeting that she attended. (13) Commissioner Stiff submitted the following. (1) Stated that he had a busy week, including attendance at many of the same meetings as the other Commissioners. (2) Noted that in the Hawk Booster News, there was an article indicating that the Hawks have four, and possibly five, championship teams this season, including Speech and Debate Squad, Soccer Team, Swim Team and Girls Basketball Team. (14) Mayor Stueck submitted the following. (1) Stated that he thoroughly enjoyed handing out the awards to the graduates of the Youth Build program last week. (2) Attended . the RSVP luncheon. 131 Stated that the master plan for Rose Park will be submitted to the Recreation and Parks Advisory Board this evening. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Reauest for permission to close Greek Way for barbecue and dance - Friday. Aoril 25. 5:00 O.m. to 1 :00 a.m. - MSU Interfraternity Council Commission Resolution No. 3167 ~ establishing guidelines for recoanizing the accomolishments or achievements of individual citizens and grouDS in the community COMMISSION RESOLUTION NO. 3167 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA. EST ABlISHING GUIDELINES FOR RECOGNIZING THE . ACCOMPLISHMENTS OR ACHIEVEMENTS OF INDIVIDUAL CITIZENS AND GROUPS IN THE COMMUNITY. Authorize Actina City Manager to sign - Annexation Aareement and attendant Public Street Easement for Durston Road - Clair W. Daines. Partner of Sunrise Develooment. 1.1.C. - 23.45:t acres located in portions of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in the N %. NW~. Section 11, T2S. R5E. MPM (south side of Durston. west of and adiacent to Greenwav Subdivision) 04-21-97 - ----- - 16 - Commission Resolution No. 3172 - annexina 23.45 + acres located in portions of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in the N%. NW%. Section 11. T2S. R5E. MPM (south side of Durston Road. west of and adiacent to Greenway Subdivision) COMMISSION RESOLUTION NO. 3172 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 NORTH MEADOWS ANNEXATION (AND FORMERLY REFERRED TO AS THE STROWBRIDGE/CORCORAN ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Ratify Acting City Manager's signature - Grant application to Montana Board of Crime Control for second School Resource Office Authorize Actina City Manager to sign - Chanae Order No. 1 for Bozeman Senior Center - Rotherham Cooper. Inc. - add $2.586.00 and 0 calendar days Authorize expenditure of $3.823.37 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period October 1 throuah December 31. 1996 Award bid - fire pumper truck - Wheatland Fire Eauipment Company. Wheatland. Wyomina - in the bid amount of $279,990.00 . Commission Resolution No. 3173 - stating the City's intent to amend the 1990 Bozeman area Master Plan Uodate by amending the sub-plan for development of the North 19th Avenue/West Oak Street corridor bv amendina the designation of the corridor alona the east side of North 19th Avenue between Durston Road and the north property line of Lot 19 of Homesites Subdivision from Class I to Class II COMMISSION RESOLUTION NO. 3173 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY AMENDING THE SUB-PLAN FOR DEVELOPMENT WITHIN THE NORTH 19TH AVENUE/WEST OAK STREET CORRIDOR BY REVISING THE DESIGNATION OF THE CORRIDOR ALONG THE EAST SIDE OF NORTH 19TH AVENUE BETWEEN THE NORTH RIGHT-OF-WAY LINE OF DURSTON ROAD AND THE NORTH PROPERTY LINE OF LOT 19 OF HOMESITES SUBDIVISION FROM CLASS I TO CLASS II. Commission Resolution No. 3174 - revisina the method under which the uniform travel policy for all municipal officers and employees is established and revised. and repealing Commission Resolution No. . 2731 COMMISSION RESOLUTION NO. 3174 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, REVISING THE METHOD UNDER WHICH THE UNIFORM TRAVEL POLICY FOR ALL MUNICIPAL OFFICERS AND EMPLOYEES IS ESTABLISHED AND REVISED AND REPEALING COMMISSION RESOLUTION NO. 2731. 04-21-97 - 17 - Authorize Actina City Manager to sign - Contract for Professional Services between City and MAKER architecture and urban desian - assist the Downtown Improvement District Board in development of the Bozeman Downtown Improvement Plan Authorize Acting City Manaaer to sian - Professional Services Agreement with Morrison/Maierle. Inc. - design of East Front Street from North Rouse Avenue to Avlsworth Avenue . Authorize Actina City Manaaer to sian - Contract for Professional Services Aareement between City and Fischer & Associates for the combined entrvway and Bozeman Ponds CTEP proiects Authorize Acting City Manager to sian - Change Order No.2 for Bozeman Senior Center - Rotherham Cooper. Inc. - add $5.192.00 and 8 calendar days Authorize Mavor to sian - Settlement Aareement with the de minimis parties in the Bozeman Solvent Site case and any attendant documents Proclamation - "Arbor Dav" - April 25. 1997 Authorize Actina City Manager's attendance at GOSCMA Conference - Billings. Montana - April 23-25. 1997: confirm appointment of Administrative Services Director Gamradt as Actina Acting City Manaaer Building Inspection Division report for March 1997 Claims . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Recess - 5:25 p.m. Mayor Stueck declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled pUblic hearings. Reconvene - 7:00 p.m. . Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 04~21-97 --------- --------- - 18 - Continued Dublic hearina - Master Plan Amendment - Keith and Deborah O'Reillv and 4K PartnershiD - chanae land use desianation from "Urban Residential" to " Business Park/Industrial" - Tract 1. COS No. 1895. located in the SW%. Section 32. T1 S. R6E. MPM (northeast corner of Story Mill Road and Hillside Lane) (P-9656) This was the time and place set for the continued public hearing on a Master Plan Amendment, as requested by Keith and Deborah O'Reilly and 4K Limited Partnership, under . Application No. P-9656, to change the land use designation from "Urban Residential" to "Business Park/ Industrial" on Tract 1, Certificate of Survey No. 1895, located in the Southwest Quarter of Section 32, Township One South, Range Six East, Montana Principal Meridian. The subject property is more commonly located at the northeast corner of Story Mill Road and Hillside Lane. Acting City Manager Brey stated that, included in the Commissioners' packets, was a letter from Mr. Gene Cook, on behalf of the applicants, dated April 14, withdrawing this application from consideration. He then recommended that the Commission acknowledge receipt of this letter of withdrawal for both this and the subsequent agenda item. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the letter of withdrawal, as submitted by Mr. Gene Cook. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Continued Dublie hearina - Zone Map Amendment - Keith and Deborah O'Reillv and 4K PartnershiD - "RS" to "BP" or "M-1" - Tract 1. COS No. 1895. located in the SW%. Section 32. T1 S. R6E. MPM (northeast corner of Story Mill Road and Hillside Lane) (Z-961 01) This was the time and place set for the continued public hearing on the Zone Map Amendment, as requested by Keith and Deborah O'Reilly and 4K Limited Partnership, under Application No. Z-961 01, to change the zoning from "RS", Residential--Suburban Country Estates, to "M-1", Light Manufacturing, or, alternatively, "BP", Business Park, on Tract 1, . Certificate of Survey No. 1895, located in the Southwest Quarter of Section Thirty-two, Township One South, Range Six East, Montana Principal Meridian. The subject property is more commonly located in the northeast corner of Story Mill Road and Hillside Lane. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of the letter of withdrawal, as submitted by Mr. Gene 04-21-97 * 19 . Cook. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - COA with deviations from Sections 18.50.120.B.5.K.. 18.50.120.B.5.J. and . 18.50.060.A.3. Bozeman Municipal Code. to allow 8 parking spaces to back into alley. allow disabled accessible parking space to encroach into 25-foot front yard setback. allow Dorch to be areater than 1/3 lenath of wall and to allow one Darkina space to stack in front of garaae - Hound City Cafe. 719 West Mendenhall Street (Z-9723) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.50.120.B.5.K., 18.50.120.B.5.J., and 18.50.060.A.3. of the Bozeman Municipal Code, as requested by the Hound City Cafe, under Application No. Z-9723, to allow eight parking spaces to back into alley, allow a disabled accessible parking space to encroach approximately 8 feet into the required 25.foot front yard setback, to allow one of the required parking spaces for the basement apartment to be stacked in front of the garage, and to allow a porch to encroach into the required front yard setback and extend more than one third the length of the south wall of the structure. The subject property . is described as Lots 13 through 16. Block 8. Springbrook Addition, and is more commonly known as 719 West Mendenhall Street. Mayor Stueck opened the public hearing. Assistant Planner Jody Olsen presented the staff report. She stated that under this application, an existing duplex is to be converted into a restaurant and a residential unit. In conjunction with this proposal, changes to the structure include roof changes, new windows, skylights, the addition of a new porch and an accessible ramp, installation of new landscaping, a parking lot and related site improvements. She stated that a total of eleven off~street parking spaces is required for this proposed conversion, and only ten parking spaces are being proposed. The Assistant Planner stated that the Development Review Committee and the Design . Review Board have reviewed this application and the staff report. Following their reviews, those advisory bodies have forwarded recommendations for approval, subject to 24 conditions, some of which she briefly highlighted. She then stated that the Planning Office has received two letters, one generally in support of the project and one requesting that the alley be paved because of the additional traffic that will be generated. 04.21.97 _. on .....-------------- -.----- .-.---- - 20 - Mr. Todd Smith, applicant, stated he generally concurs with the conditions as forwarded by the Development Review Committee and the Design Review Board, except for Condition No. 12, which requires screening of the mechanical and ventilation equipment through the planting of three 8-foot-tall coniferous trees along the north boundary of the property. He forwarded his position that the equipment is already adequately screened with . the existing landscaping, which includes a very large lilac bush, because it prevents viewing of the equipment from the windows of the residence to the north. He stated that, while he is not opposed to planting 8-foot~tall trees on the site, he feels they can be more attractively arranged if they are not required for screening of the equipment. Responding to Commissioner Frost, Mr. Smith stated that the lilac bush is very close to the north property line, although he recognized that it might be located on the adjacent property. Assistant Planner Jody Olsen reminded the Commission that screening of mechanical and/or ventilation equipment is a code requirement. She then stated that, while coniferous trees are not specifically required, some type of screening vegetation is needed. . No one was present to speak in opposition to the requested Certificate of Appropriateness with deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.120.B.5.K., 18.50.120.B.5.J., and 18.50.060.A.3. of the Bozeman Municipal Code, as requested by the Hound City Cafe, under Application No. Z-9723, to allow eight parking spaces to back into alley, allow a disabled accessible parking space to encroach approximately 8 feet into the required 25-foot front yard setback, to allow one of the required parking spaces for the basement apartment to be stacked in front of the garage, and to allow a porch to encroach into the required front yard setback and extend more than one third the length of the south wall of . the structure located on the property described as Lots 13 through 16, Block 8, Spring brook Addition, subject to the following conditions: 1. The disabled accessible parking space shall be van accessible, and the stall plus aisle shall be sixteen (16) feet wide and twenty (20) feet long. The disabled accessible parking space shall be signed as such. A detail of the disabled accessible parking space sign shall be shown 04-21-97 _ n _ __ .... __"....___.__..._ __ ___.. - 21 - on the final site plan to ensure that it complies with the zoning ordinance and ADA requirements (Section 18.50.120.F.3.c.). 2. The location of, and fixture details for, any proposed sight lighting shall be shown on the final site plan to ensure that they comply with the requirements of the zoning ordinance (Section 18.50.035.A.). 3. The street vision triangle for the intersection of West Mendenhall Street and the alley, as well as the drive access on N.8th Avenue, . shall be shown. No fence, wall or planting shall be in excess of thirty (30) inches above the street centerline grade in the street vision triangle (Section 18.50.080.). 4. Since the proposed lot is not adjacent to residentially zoned property, a total of 15 landscaping points is required. The applicant shall have the site plan signed by a qualified landscape professional. The site plan shall show what sort of irrigation system is proposed (Section 18.50.100.). 5. Landscape screening will be required between the disabled accessible parking space and West Mendenhall. This screening shall be at least eight (8) feet wide, and shall not exceed four (4) feet in height (Section 18.50.1 00.D.5.c.iL(2). 6. The parking lot shall be paved and curbed. The curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section detail shall be shown on the final site plan. . 7. The parking spaces shall be striped with four (4) inch wide lines. 8. The sidewalk along the parking area shall be at least five (5) feet wide. 9. The seating area for the restaurant shall not exceed 400 square feet in size. 10. There shall be no outside seating area. 11. Details of the proposed garbage enclosure and bike rack shall be shown on the final site plan. The garbage enclosure and bike rack shall be in conformance with the zoning ordinance. 12. Any mechanical and/or ventilation equipment, and details for the screening for this equipment, shall be shown on the final site plan. The screening shall be the planting of three coniferous trees with a minimum height of eight (8) feet along the north boundary to provide screening between the neighbor's house and the mechanical/ventilation equipment. 13. No fences along West Mendenhall Street or North 8th Avenue shall . exceed four (4) feet in height. No fences along the side or rear property lines shall exceed eight (8) feet in height. Any fence in the rear or side yards that will exceed eight (8) feet must comply with the setback requirements. If a fence will exceed six (6) feet, a building permit shall be drawn. 14. To satisfy the requirements for landscaping-in-lieu of parking, 350 square feet of landscaping, trees, streetscaping, or sculptural elements shall be required to be installed on the property for each parking space so deleted. Landscaping for landscaping-in-lieu of parking must be 04-21-97 - 22 - placed in the public right-of-way or yards directly facing the right-of- way. 15. Details for any signage shall be submitted with the final site plan for review by Administration Design Review staff. The sign submittal materials shall include the dimensions, materials to be used, and a verbal description. The signage must be in compliance with the requirements of the Bozeman Area Sign Code. A building permit shall be obtained for any site signage. . 16. The final site plan shall be adequately dimensioned. 17. A Stormwater Grading, Drainage and Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run~off from the private and/or public streets must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alteration and/or drainage conveyance devices and easements must be provided. 18. The location and size of the existent sewer and water mains shall be clearly depicted, as well as nearby fire hydrants. 19. All drive approaches shall be constructed in accordance with the City's standard approach, i.e., concrete apron, sidewalk section and . drop-curb. 20. The applicant shall improve the twenty-two (22) foot wide alley between West Mendenhall Street and the northerly property line of the subject property. This includes paving, in accordance with City of Bozeman Standard Specifications and City Engineering Office recommendations. The City Street Department recommends that the alley be designed like a public street with a slight crown in the middle of the pavement so that stormwater runs off to the sides and not down the public alley right-of-way. 21. The proposed paved parking lot shall be designed and constructed so that stormwater runoff does not drain out into the pUblic alley or street rights-of-way. 22. Parking shall not be allowed in the public alley right-of-way. 23. If occupancy of the structure or commencement of the use is to occur prior to installation of the required outdoor, non-building site improvements (i.e., landscaping) the applicant shall enter into an Improvements Agreement with the City to guarantee the installation . of the required improvements. Said Improvements Agreement shall include detailed cost estimates for the improvements. The Improvements Agreement shall be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 04-21-97 - 23 - 24. This project shall be constructed as approved and conditioned in the final site plan submittal. 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 zoning ordinance. Modifications applicable to this requirement include, but are not limited to: a) changes in the size and layout of site elements, such as parking lots, landscaping, buildings, etc.; b) changes in the exterior . design of structures; c) changes in the design or structure of signage; and d) the rearrangement of interior areas. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearina - Zone MaD Amendment - "R.3" to "M-1" and "B-2" . Lowell SDrinaer for Joanne CaDe and Grace France - 32.69-acre tract known as a Dortion of Government Tract 1 of T2S, R5E, MPM (immediatelv south of Baxter Lane, straddling North 19th Avenue) (Z-971 Q) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by Lowell Springer on behalf of Joanne Cape and Grace France, under Application No. Z-9710, to change the zoning designation from "R-3", Residential--Medium-density, to . "M- 1 ", Light Manufacturing, and "B-2", Commu nity Business, on a 32.59-acre tract of land known as a portion of Government Tract 1, located in Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located south of Baxter Lane, straddling North 19th Avenue. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report. He reminded the Commission that, under the recently-approved sub-area master plan for the North 19th Avenue/West Oak Street corridor, the land use designation on this subject parcel was changed from urban residential to business park; and this requested rezoning brings the zoning into compliance with the new land use designations. The Assistant Planner reviewed the configuration of the requested rezoning, noting that . the parcel lying west of North 19th Avenue is be rezoned to "M-1", the northern portion of the parcel lying east of North 19th Avenue is also be rezoned to "M-1", and the southern portion of the parcel lying east of North 19th Avenue is be rezoned to "B-2". He indicated that this configuration in zoning will match existing zoning on the parcel immediately to the east. 04-21-97 - 24 - The Assistant Planner stated that the corners of the subject property lie outside the entryway corridor. He reminded the Commission, however, that if a portion of a lot is located inside the corridor, then the entire parcel is reviewed in light of the applicable entryway guidelines. In light of that requirement, he noted it would be extremely difficult to locate a casino on the subject 32.69 acres. . Assistant Planner Saunders stated that staff has reviewed this zone map amendment in light of the twelve criteria set forth in the Montana Code Annotated, and the staff's comprehensive findings are contained in the written staff report, a copy of which was previously distributed to the Commission. He briefly summarized those findings, forwarding staff's conclusion that the requested rezoning is generally in compliance with those criteria. The Assistant Planner stated that the City~County Planning Board conducted its public hearing on this zone map amendment at its April 1 meeting. Following the public hearing and consideration of the twelve criteria, the Board concurred in staff's recommendation for approval. The applicant's representative indicated a willingness to respond to questions. . No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment, as requested by Lowell Springer on behalf of Joanne Cape and Grace France, under Application No. Z-9710, to change the zoning designation from "R-3", Residential--Medium-density, to "M-1 ", Light Manufacturing, and "B- 2", Community Business, on a 32.69-acre tract of land known as a portion of Government Tract 1, located in Township 2 South, Range 5 East, Montana Principal Meridian, and authorize and direct staff to bring back an ordinance enacting the zone changes upon the applicant providing an accurate legal description of the areas to be rezoned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, . Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 04-21-97 - 25 - Public hearinc - Master Plan Amendment to North 19th Avenue/West Oak Street Corridor Master Plan to chance desicnation alonc east side of North 19th Avenue. adiacent to lots 15- 23. Block A. MaDle Terrace Subdivision. and lots 1. 17 and 19. Homesites Subdivision. from Class 1 to Class 11 (between Durston Road and the south boundary of the Covered Wacon Mobile Home Park) (P-9712) This was the time and place set for the public hearing on a Master Plan Amendment to North 19th Avenue/West Oak Street Corridor Master Plan, as requested by the City-County . Planning Board, under Application No. P-9712, to change the corridor designation along the east side of North 19th Avenue, adjacent to lots 15 through 23, Block A, Maple Terrace Subdivision, and Lots 1. 17 and 19, Homesites Subdivision, from Class I to Class II. The subject property is located between Durston Road and the south boundary of the Covered Wagon Mobile Home Park. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report on behalf of Senior Planner Dave Skelton. He reminded the Commission that under the Class I corridor designation, a 50- foot front yard setback is required; and under the Class II corridor designation, a 25-foot front yard setback is required. He reminded the Commission that the existing row of lots along the . east side of North 19th Avenue, extending north from Durston Road, are quite shallow, and the Commission recognized during its review of the corridor plan that the 50-foot front yard setback would be troublesome for those lots. At that time, it was determined that the most appropriate action would be to proceed with the master plan amendment to implement the North 19th Avenue/West Oak Street corridor master plan as it had been submitted and then come back with this amendment, thus avoiding the need for multiple variances on the subject lots. Assistant Planner Saunders stated that staff has reviewed this amendment in light of the criteria contained in the master plan, and the comprehensive findings are contained in the written staff report, a copy of which was previously distributed to the Commission. He noted that the Planning Board conducted its public hearing on this amendment at its April 1 meeting. . Following the public hearing and consideration of the criteria for master plan amendments, the Board concurred in staff's recommendation for approval. Mr. Ruel Brown, 707 Blackmore Place, asked if this amendment will have any impact on his property. 04-21-97 ..--.... -.-..-.. .....- - 26 - Assistant Planner Saunders assured him that it would not have any impact on his property. The Assistant Planner reminded the Commission that the Class I corridor had been established along North 19th Avenue to ensure that a greener entryway to the community is created and maintained. He stated, however, that staff feels designating this portion of the . corridor as a Class II will not significantly impact the appearance of the corridor. No one was present to speak in opposition to the proposed master plan amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Master Plan Amendment to North 19th Avenue/West Oak Street Corridor Master Plan, as requested by the City-County Planning Board, under Application No. P-9712, to change the corridor designation along the east side of North 19th Avenue, adjacent to Lots 15 through 23, Block A, Maple Terrace Subdivision, and Lots 1, 17 and 19, Homesites Subdivision, from Class I to Class II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, . Commissioner Stiff and Mayor Stueck; those voting No, none. City Attorney Luwe stated that staff will prepare the Findings of Fact for this amendment, and they will be placed on a future agenda for Commission approval. Executive session re process for selection of City Manager At 7:25 p.m., Mayor Stueck announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. . At 8:20 p.m., Mayor Stueck closed the executive session and reconvened the open meeting. Adiournment - 8:20 p.m. There being no further business to come before the Commission at this time, it was 04-21-97 - -...----- - 27 - moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . cY~ L /31Z'_h~. DON E. STUECK, Mayor ATTEST: ~o:l: ~ ~ ROBIN L. SULLIVAN Clerk of the Commission . . 04-21-97