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HomeMy WebLinkAbout1997-03-03 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 3, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 3, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Februarv 18 and 24. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meeting of February 18 be approved as amended and the minutes of the . meeting of February 24, 1997, be approved as submitted. 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. Decision - Conditional Use Permit - Andv Shabbir Hassanali for Cafe Internationale - allow serving of beer and wine at existing restaurant located in the Emerson Cultural Center. on Tracts 2 and 3. Block C. Alderson's Addition (South Grand Avenue between West Babcock Street and West Olive Street (Z-9641) This was the time and place set for the decision on the Conditional Use Permit requested by Andy Shabbir Hassanali for Cafe Internationale, under Application No. 2-9641, to allow the serving of beer and wine in an existing restaurant located in the Emerson Cultural Center, on Tracts 2 and 3, Block C, Alderson's Addition. The subject restaurant is more . commonly located on South Grand Avenue between West Babcock Street and West Olive Street, and its street address is 207 West Olive Street. Acting City Manager Brey stated that, included in the Commissioners' packets, was a letter from Karl Seel, attorney representing Cafe Internationale, dated February 24, requesting approval of the application without the restriction on serving during lunch hours, as 03-03-97 ----- ",,--- -- ---- -..-.-....-..- . - -...-...-. .-.---. - 2 - recommended by the Planning Board. Attached to that letter were copies of letters from Superintendent of Schools Paula Butterfield, dated October 9, 1996, and Mr. David Swingle, Assistant Principal of the Bridger Alternative Program, dated October 23, 1996, indicating no opposition to the issuance of this beer and wine license. Also attached were copies of Pages 41 and 42 from the findings issued by the Department of Revenue in awarding the new beer . and wine license to Cafe Internationals, in which the hearings officer recognized those letters and suggested that the condition restricting the sale of beer and wine during school hours may not be necessary. Assistant Planner Jody Olsen gave a brief overview of this application, reminding the Commission that the Planning Board conducted its public hearing on June 4, 1996, after which it forwarded a recommendation for approval, subject to nine conditions. On June 17, 1996, the Commission conducted its public hearing and, following that hearing, voted to table its decision until after the State had made its decision on which of the fourteen applicants for the one new beer and wine license was successful. She then reviewed the nine conditions forwarded by the Planning Board, suggesting some proposed revisions to clarify the language . on some of them. Mr. Andy Hassanali, owner of Cafe Internationale, stated he has worked hard to build a reputation for credibility in operating his restaurant, and he will do nothing to jeopardize that credibility. He then encouraged Commission approval of this conditional use permit. No one was present to speak in support of or in opposition to the requested modification to the conditions recommended for approval of this application. Responding to Commissioner Frost, Assistant Planner Olsen stated that the way Condition No.1 is written, alcoholic beverages cannot be sold during hours when the Bridger Alternative School, or any other school in the Emerson Cultural Center, is in session. She noted that this restriction does not apply to activities occurring outside regular school hours or to times when private art or music lessons are being given. . Commissioner Frost stated that, based on the letters from the Assistant Principal and the Superintendent of Schools, he will support the applicant's request. He noted, however, that he is concerned about the serving of alcoholic beverages in the outside dining area because of concerns about whether it will be adequately monitored. 03-03-97 - 3 - The Assistant Planner noted that this restriction would probably affect only the months of May, June and September, since those are times when school could overlap with weather that is conducive to outside dining. Responding to a suggestion from Mayor Stueck that no alcoholic beverages be served . in the outside dining area when school is in session, Mr. Hassanali indicated that is acceptable. He stated that, quite some time ago, he made a decision that, out of respect to others, he will not allow the serving of alcoholic beverages in the outside dining area when church is in session, and he is willing to add school hours to that restriction. He then stated he is adamantly opposed to gambling and has no intent to have any gaming devices in his establishment. Commissioner Youngman indicated support for the compromise on this condition. Mayor Stueck suggested that the Cafe Internationale could serve as an example to students of how adults can drink responsibly by having a glass of wine with a meal rather than sitting in a bar, getting drunk. Commissioner Stiff indicated his support for the proposed compromise on Condition No. . 1. He then forwarded his concern that Condition No.4, as written, is confusing. As a result of discussion, clarification of the language in the condition was proposed to minimize the confusion. Commissioner Rudberg recognized that this restaurant is worthy of a beer and wine license. She stated, however, that she will not vote for this conditional use permit because of its proximity to churches and a school. She noted that many people have written to support this application, including those who would be protected under the law except for the existing loophole. She feels it is important to recognize the statutes and the proposed legislation to close existing loopholes in those statutes. She also noted the importance of recognizing those who feel that statutory requirements should be observed. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Conditional Use Permit requested by Andy Shabbir Hassanali for Cafe Internationals, under Application No. Z-9641, to allow the serving of beer and wine in an existing restaurant located in the Emerson Cultural Center, on Tracts 2 and 3, Block C, Alderson's Addition, be approved subject to the following conditions: 03-03-97 - ------ -- - 4 - 1. Beer and wine shall not be served in the Caf~ International~ restaurant's outside seating area during the hours the Bridger Alternative School, or any other public or private school, is in session in the Emerson Cultural Center. 2. The parking lot improvements required during final site plan approval for the Emerson Cultural Center (1993) shall be installed prior to service of beer and wine at the Caf~ International~. This includes the need that . accessible parking spaces be installed and signed according to Montana State law requirements. 3. A copy of the State Revenue Department Liquor License for this establishment shall be submitted to the Planning Office prior to the sale of beer and wine. 4. No physical bar shall be established; beer and wine shall only be served at tables within the restaurant, at tables in the outside eating area or at catered events. 5. No beer and/or wine advertisements shall be displayed on the exterior of the building or in the windows. 6. The Cafe Internationale shall obtain a catering endorsement from the Department of Revenue, Liquor Division, as well as a City catering license, for each catered event (Section 16-4-204). 7. The right to use and occupy the permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. . 8. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns. 9. That all of the special conditions shall be consented to in writing by the applicant prior to the City approval of the State Liquor License application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg. Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman Athletic Club - allow serving of alcoholic beveraaes in restaurant in athletic club located on Tracts A and B. COS No. 1872. and Tract 2. COS No. 1846 (8601 Huffine Lane) (Z-9643) This was the time and place set for the decision on the Conditional Use Permit . requested by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No. Z-9643, to allow the sale of alcoholic beverages in conjunction with the development of a 73,000-square-foot athletic club on Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846. The subject parcel is more commonly located at 8601 Huffine Lane. 03-03-97 -.-...-...-.---- ..n ___. .__. ____._ .------ - 5 - Assistant Planner Chris Saunders reminded the Commission that this application was considered by the Planning Board at its June 18 meeting, in conjunction with the athletic club. Following its public hearing, the Board forwarded a recommendation for approval, subject to 23 conditions. On July 1, 1996, the City Commission conducted its public hearing, after which it voted to approve the athletic club, subject to 27 conditions, and to table action on the . serving of alcoholic beverages until after the State had made its decision on the successful applicant for the new beer and wine license. He indicated that none of the conditions of approval for the athletic club specifically apply to this portion of the application except for the four standard conditions. The Assistant Planner stated that the applicant has requested approval of this application, since he is pursuing private arrangements for acquiring an existing license now that the State has made its decision on the new beer and wine license. He expressed concern about an open-ended approval and suggested that if the Commission wishes to approve the application, it do so with the stipulation that the State license be acquired within a specific period of time, such as one year from the date of approval. . Mr. Michael Delaney, owner of the Bozeman Athletic Club West, stated his intent to begin construction of the athletic club after the sewer has been installed, hopefully this summer. He confirmed his intent to acquire an existing alcoholic beverage license for the facility, which he characterized as a first class resort facility in conjunction with the health club. He noted that the subject property is not within 600 feet of any church or school. Responding to questions from Commissioner Rudberg, Planning Director Andy Epple stated that the State seeks input from the City on whether the applicant is in compliance with local zoning regulations, and they will not approve an application until they receive assurance that those regulations have been met. He noted that a slight deviation to this procedure occurred during the processing of the new beer and wine license because of the number of . applicants for that license, although all applicants were required to file applications for conditional use permits to be considered in compliance with the local zoning regulations. He indicated that, in this instance, if Mr. Delaney wishes to acquire an existing license, the City must confirm that a valid conditional use permit is in place before a transfer of license will be approved by the State. 03-03-97 - 6 - Mr. Delaney expressed concern that the State's application process can be lengthy. He noted that, if the application form is properly completed, the process is a minimum of three to six months. However, if even a small error is found, the State sends it back to the applicant, and the entire process starts over, so the time can easily extend to two years. He cautioned . that if he does not have a conditional use permit in place, obtaining the State approval could be severely hampered. Responding to questions from Commissioner Rudberg, Mr. Delaney stated that the master plan for development of the entire parcel includes the health club as part of a resort complex which will serve the entire community. He stressed that he intends to allow no gambling at this facility and would be willing to accept a condition restricting that option. Responding to Commissioner Frost, Planning Director Epple confirmed that the applicant could install fourteen gaming machines at this location if he is successful in obtaining a beer and wine license, as long as he does not use the term "casino" in conjunction with his business. Responding to Commissioner Frost, the Planning Director stated that approval of a . conditional use permit can be administratively extended, upon request from the applicant. He forwarded his support for including a length of time in approval of the requested conditional use permit so that this application can easily be tracked. He noted that this area is currently undeveloped, and it is important to ensure that any pattern of development be protected. ~ Commissioner Frost suggested that approval of this application could include the 27 conditions attached to approval of the athletic club plus a condition that the beer and wine license must be obtained within one year and a condition to not allow gambling devices. City Attorney Luwe cautioned that a condition limiting gambling devices may not be valid in light of State statutes. He recognized that the applicant may voluntarily accept the conditions for approval of the conditional use permit and those conditions run with the land; however, he said that State statutes must also be carefully considered. He cautioned that a . future purchaser could challenge that condition, and the court system could strike it. Following a brief discussion, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the decision on the Conditional Use Permit requested by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No. Z-9643, to allow the sale of alcoholic beverages in conjunction with the development of a 03-03-97 - 7 - 73,000-square-foot athletic club on Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846, be tabled to the March 17 meeting, to allow staff an opportunity to research State statutes to determine whether the Commission can legally impose a condition limiting gambling opportunities. The motion carried by the following Aye and No . vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor Stueck. Reauest for permission to address Commission - Nadia Beiser. Planned Development. Inc.. re Fort Ellis Community Included in the Commissioners' packets was a letter from Ms. Nadia Beiser, dated January 29, 1997, requesting an opportunity to address the Commission. Ms. Nadia Beiser distributed copies of her presentation to the Commissioners, written in the form of a letter dated March 3, and then read it into the record. She characterized the Fort Ellis Community as an innovative planned unit development with clustered housing which promotes open space. She noted that a specific number of affordable units are to be provided . in this development, and it is her desire to provide the remaining units at a market value not currently being provided. She stated this is an opportunity for the Commission to be proactive and fiscally conservative while allowing for extension of its sewer infrastructure. She stressed that this will promote environmental protection and more affordably priced housing units. Ms. Beiser stated that under this proposal, Planned Development, Inc., would bear 100 percent of the costs of extending the sewer mains from their current terminus in the Burrup Annexation to the subject development, in accordance with the City's wastewater facilities plan, including any needed equipment upgrades and oversizing. She stated that they would also agree to pay all sewer user fees, the City's impact fees for wastewater and the County's impact fees. Ms. Beiser stated that City sewer service is important for the density of development . proposed for the Fort Ellis Community. She stated that if on-site sewer service is required, fewer units can be constructed and the per-unit costs will be higher. She also noted that the potential of environmental degradation would be increased. Ms. Nadia Beiser noted that under this proposal, Planned Development, Inc., would extend the sewer main 1.8 miles and would be responsible for all associated design and 03-03-97 - _.__...._u.... .----. ----- ------. -.----..-.- -.. - 8 - inspection costs. She indicated that a portion of these costs could be recovered through payback fees as others connect to the line. She stated that once the construction of the line has been completed and the line approved by the City, it would become City property, and the City would then be responsible for all costs of operation and maintenance. She suggested that these costs could be covered by the user fees. . Ms. Beiser reminded the Commission that a similar proposal was previously made. At that time, however, the City had just contracted with a consultant to develop an impact fee structure, and it was not possible to identify the costs at that time. She noted that since then, the impact fee studies have been completed and the fees adopted. Ms. Beiser stated that if this request is denied, they will proceed with development of the site with an on-site sewage disposal system. She cautioned that this will result in a lost opportunity for extension of the sewer mains, lost revenues from user fees and impact fees and the increased potential of environmental degradation. Ms. Nadia Beiser noted that many of the Commissioners were serving when Planned Development, Inc., approached the Commission with a conceptual plan for the Fort Ellis Leisure . Community in 1993. She reminded the Commissioners that, at that time, the reviewing agencies encouraged them to pursue connection to City sewer services if possible. She noted that at that time, connection to City water was also considered; however, that resulted in what appeared to be a complicated process and a financial commitment that might have been more aggressive than could be borne by this development. Ms. Beiser stated that, as of this date, Phase I of Fort Ellis Community has been platted and 50 percent of the lots have been sold. All of the roads and the paved bikeway for Phase I-A have been installed, along with the fire protection pond and hydrant, and dedication of public parklands, and all of these improvements have been completely at the developer's expense. She stated they are now planning development of Phase II and, once again, comments from reviewing agencies suggest that connection to City sewer services would be . the best option for ensuring environmental protection and affordable housing. Ms. Beiser characterized this proposal as a win/win situation, noting that the City will reap financial, environmental and affordable housing benefits while the developers will reap the benefits of City sewer service, allowing them to target the segment of the housing market which they feel continues to not be addressed. She recognized that this proposal, however, 03-03-97 ---.---- ---.. ----.---------.-. --- - 9 - will require a modification of current pOlicy to allow for this proposed extension of sewer mains. To accomplish this, she asked the Commission to approve the extension of the Burrup sewer main to the Fort Ellis Community Planned Unit Development, subject to twelve conditions. She stressed that this would simply be the first step in the process, recognizing that in future steps . staff would be required to ensure that the design and construction meet City standards. She concluded by encouraging the Commission to take the first step in allowing this proposed connection to City sewer. Responding to questions from Mayor Stueck, Ms. Beiser stated she feels the Commission must first set its policy and guidelines before asking staff to review this proposal. She noted that is the reason she has suggested approval, subject to twelve conditions. Further responding to Mayor Stueck, City Attorney Luwe cautioned that this is listed on the agenda as a request for permission to address the Commission, and the January 29 letter does not indicate that any Commission action would be sought. He then asked that staff be given an opportunity to evaluate the presentation which was just given and bring back a recommendation for possible Commission action. . Ms. Beiser reiterated that she does not believe that staff can evaluate this proposal without the Commission first amending its policy and establishing guidelines. She recognized that, as this project progresses, staff will become very involved in reviewing information and plans, but she feels that level of review is not needed at this stage. Commissioner Stiff stated he is not prepared to act at this time, particularly since he has just received the proposal. He forwarded his interest in receiving staff input prior to acting, particularly since this proposal represents a new concept in providing sewer service well outside the city limits. Commissioner Rudberg stated she is overwhelmed by the information just received. She recognized that, under the approvals which have been given for the Fort Ellis Community, . construction could be completed and served by septic tanks or an on-site system. She noted that this request appears to be an effort to connect to City services instead, since it appears to be the preferred alternative. She forwarded her interest in obtaining staff input prior to making a decision on this proposal. Responding to questions from Commissioner Rudberg, Ms. Beiser stated that the specified number of units will be affordable in compliance with requirements as administered 03-03-97 - 10- by the Human Resource Development Council. She noted that is a part of the conditional approval for the Fort Ellis Community. She stated that their intent is to sell many of the remaining units in the center section of the development, where the density is higher, in the $85,000 to $115,000 price range because that appears to be the segment of the market that . is not currently being addressed. She stressed that, to accomplish this, it is important that they be allowed to connect to City sewer to ensure the necessary density can be reached. Commissioner Frost stated he is not willing to make a decision on policy or give direction to staff until he has heard from staff. He further noted that the Commission has just received a significant amount of information, on which he is not willing to make an immediate decision. Responding to Commissioner Youngman, Impact Fee Coordinator Chris Saunders stated that the wastewater impact fees have been set at 35 percent of the actual costs, as contained in the study. Ms. Beiser stated that the proposal forwarded by Planned Development, Inc., is to pay all actual costs, not just a percentage of those costs. . The Commission thanked Ms. Beiser for her presentation and asked that this item be placed on the April 21 agenda for further consideration. Reauest for extension of impact fee deadline - Gill Geesev for a laboratory buildina with accessory apartment at 524 Professional Drive Included in the Commissioners' packets was a memo from Impact Fee Coordinator Chris Saunders, dated February 20, 1997, forwarding a copy of the letter of request from Mr. Geesey, dated February 11, and the letter from Cikan Architects, dated February 6. Impact Fee Coordinator Saunders gave a brief overview of this request, noting that Mr. Geesey is requesting an extension of the grace period for impact fees because of what he views as an error on the part of a City employee which caused him to initiate redesign of the . building. He feels that this redesign of the building cost him a significant time delay and, on that basis, Mr. Geesey is seeking the extension. The Impact Fee Coordinator stated that staff has reviewed this request and, while some of the delay may be attributable to that redesign, staff does not believe the entire five-month delay can be attributed to it. On that basis, and 03-03-97 .- -- -.-."..- ---- ._on_. _ __.___.. - 11 - because it was also determined the applicant could have obtained a building permit based on the original design, staff is unable to support this request. Responding to Commissioner Frost, the Impact Fee Coordinator stated that, while the request is for an extension of the grace period, it is functionally a waiver of the fees. Mayor Stueck stated that the applicant has based his request on an error by City staff; . however, his research has revealed that is not what really created the problems. He noted that every three years, the Uniform Building Code is revised. The updated code is then adopted by the State and then the City. The 1991 Code, under which plans for this building were initially reviewed, required that an elevator be installed because of the size of the building and the fact that it was a two-story facility. While this project was in process, the 1994 Code was adopted, and that code was revised to no longer require an elevator in this size of structure. In the meantime, the applicant had begun the redesign process, to create a single-story facility with accessory apartment and, because of the costs involved, he decided to proceed with those new plans rather than go back to the original design. He characterized this as a glitch in the system, although he does not believe it can be characterized as an error by a City . employee. Responding to Commissioner Frost, the Impact Fee Coordinator stated that partial waiver of the impact fees is not an option. He noted, rather, that if the Commission wishes to consider a waiver, it must be a full waiver of the fees. Commissioner Rudberg stated that the costs of redesign are significant. She then stated that, based on the information submitted by the Mayor, she feels that the request for an extension of the grace period is appropriate. Commissioner Frost cautioned that any extension of the grace period must be based on identifiable losses in time, not tied to the monetary factors of redesign. Commissioner Stiff recognized that, in this industry "time is money". He then stated it is unfortunate that this project got caught in the process, and he feels it is appropriate to . approve the extension. Commissioner Youngman characterized this application as "uncomfortably borderline". She stated that the information submitted by the applicant does not seem to reflect a delay that warrants approval of the request, and she recognizes staff's inability to recommend approval. 03-03~97 --- - -.-- - --- - --.---- -. .---.. ------- .--..----.- -----.-.-...-.-. -....--.. - 12 - She noted, however, that she can support approval of this application because of the circumstances surrounding this project, as outlined by the Mayor. Commissioner Frost stated his biggest concern revolves around the four to five month delay attributed to redesign of the building. He noted that, while this situation did not result from a City error, it was the result of a City action that led to a complex situation. On that . basis, he indicated that he can support this request. Mayor Stueck forwarded his wholehearted concurrence with the comments made by Commissioner Youngman and Commissioner Frost. He recognized that the lengthy delay is entirely because of the City's actions, but he also recognizes that the Commission does not have the authority to only partially waive the fees. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the request submitted by Mr. Gill Geesey for extension of the impact fee deadline for the laboratory building with accessory apartment being constructed at 424 Professional Drive. 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. Ordinance No. 1439 - Amendina Sections 18.04.350. 18.28.020. 18.30.020 and 18.32.020 and adding Chapter 18.45 to amend the definition of casino. remove casinos as conditional uses in the B-1. B-2. and B-3 districts and provide for creation of casino overlav districts Included in the Commissioners' packets was a copy of Ordinance No. 1439, as approved by the City Attorney, entitled: ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1424 AND 1434, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.04.350, 18.28.020, 18.30.020 AND 18.32.020; PROVIDING FOR REVISIONS TO THE DEFINITION OF "CASINO"; REMOVING CASINOS AS CONDITIONAL USES IN THE "B-1", "B-2", AND "B-3" . ZONING DISTRICTS; AND BY ADDING A CHAPTER TO BE NUMBERED 18.45, PROVIDING FOR CREATION OF CASINO OVERLAY DISTRICTS. Acting City Manager Brey reminded the Commissioners that the public hearings on these zone code amendments have been conducted and the Commission has authorized and directed staff to bring back the ordinance enacting the changes. He then recommended that the ordinance be provisionally adopted at this time. 03-03-97 _n __ .--. - 13 - It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Ordinance No. 1439, amending the definition of casino, removing casinos as conditional uses in the B-1, B-2, and B-3 districts and providing for creation of casino overlay districts, be provisionally adopted and brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, . Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Reauest for desianation of Mav 19-26. 1997 as "Bozeman Beautification Week" Included in the Commissioners' packets was a memo from Historic Preservation Officer Derek Strahn, dated February 19, 1997, forwarding the Bozeman Beautification Advisory Board's request for designation of the week of May 19 through 26, 1997 as "Bozeman Beautification Week". Historic Preservation Officer Derek Strahn stated the Board's primary reason for this request is to draw attention to beautification of the community. During this week, they help . to conduct educational programs and encourage service groups to focus on local beautification projects. They feel that this could greatly enhance their efforts and help people to recognize this program. He noted that the Board is considering an awards program, similar to the program which has been implemented by the Historic Preservation Advisory Commission, to recognize well done beautification projects. Responding to Commissioner Rudberg, Historic Preservation Officer Strahn stated that any proposals to plant trees in the medians along North 7th Avenue must be approved by the Montana Department of Transportation. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission designate the week of May 19 through 26, 1997 as "Bozeman Beautification Week". 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. Precaration of selection crocess and evaluation form for City Manager cosition Acting City Manager Bray noted that, included in the Commissioners' packets, was a 03-03-97 ------.--. .--- --- - - 14 - copy of the selection process and evaluation form for the City Manager position, reflecting any changes which had been proposed by Commissioners during the past couple of weeks. He encouraged them to begin by reviewing the selection process, concentrating on the first few steps and dates and recognizing that the remainder of the schedule could be subject to change . based on how the initial review process goes. He encouraged the Commissioners to recognize that under this schedule, some special meetings could be required since not all of the dates fall on Mondays. Commissioner Stiff forwarded his interest in having the new City Manager on board at the start of the new fiscal year instead of August 1, as reflected in this proposed schedule. He then suggested that all of the steps listed under March 18 and March 24 could be combined on March 17. Commissioner Youngman stated she is interested in having staff go through the applications to determine if they meet minimum qualifications, so the Commissioners can more easily complete that portion of the review. She noted that if this is not done, each of the five Commissioners will be required to do so, and she feels that is redundant and an inefficient . manner in which to operate. Commissioner Rudberg stated she plans to read every resume and make her own determinations. Commissioner Stiff stated he, too, intends to review every application. He further stated that staff does not have the time to devote to reviewing these applications, unless just the Personnel Director is required to do so. Commissioner Frost stated he would like to have staff conduct the initial review for minimum qualifications. He noted that, since he works full-time, he will have less time to devote to the review process than some of the other Commissioners; and this information could dramatically reduce the time it will take him to complete his review. He also noted that having the Personnel Director conduct that review provide beneficial information for all of the . Commissioners. Commissioner Youngman forwarded her support for having just the Personnel Director review the applications instead of the three staff people listed in the draft selection process. Commissioner Frost stated that if staff does not go through the applications for 03-03-97 -----..---.-- ------ -.--- - 15 - minimum qualifications, he would like to retain the ability to ask staff to review specific applications to determine if they do meet the minimums. Commissioner Stiff stated that if the Personnel Director can complete her review of the applications before the Commissioners begin to go through them, he would not object. He . stated, however, that he plans to begin his review of the applications later this week. Responding to Mayor Stueck, Acting City Manager Brey cautioned that no more than two Commissioners may be in City Hall at the same time. He stated that if more than two Commissioners wish to review applications at the same time, the Commission should call a special meeting for whatever time they wish, and all five Commissioners can review the applications at the same time. He noted that the Commission could go into executive session once the special meeting is opened; however, the Clerk of the Commission must be in attendance since it will be a meeting of the Commission. Acting City Manager Brey suggested that further discussion on this item be delayed until after the public hearings this evening. . UDdate re legislative issues - Actina City Manager Brev Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated his appreciation for having four Commissioners attend the legislative luncheon on Thursday, noting that approximately fifty people attended that meeting. He noted that, since the legislators have been on break, there is nothing to report. He reminded the Commission that the hearing on the Today and Tomorrow program is scheduled on Thursday. He distributed copies of the Chamber's mid-session report, which lists the Chamber's positions on a number of bills. Acting City Manager Brey briefly highlighted some of the information contained in the newsletter from the Montana League of Cities and Towns, dated February 28, providing the status on specific bills of interest at midway through the legislative session. In addition, he . noted that SB164, allowing manufactured homes in all residential zones, has passed the Senate and is scheduled for hearing at 8:00 a.m. on Wednesday in the House. Commissioner Youngman noted that not all of the elected officials or local legislators were present at Thursday's luncheon meeting. She stated that a written status report on all the bills upon which the Gallatin Council of Governments had taken a position was distributed 03-03-97 -.--- -------- ----- - 16 - during that meeting and suggested that copies of that report be mailed to those who were not in attendance. She noted that the report also indicates the Council's position, and she feels that a constant reminder of those positions could be beneficial as the local legislators consider these bills. She then stressed the importance of keeping a close watch on the remainder of the legislative session, particularly since hearings on bills can arise very Quickly. . Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Letter from Koleen Parker stating her appreciation for Ron Dingman/s efforts to address problems along Fowler Avenue in a timely manner. (2) Letter from Dale Nerlin, 116 North 19th Avenue, dated February 25, stating his willingness to serve on any of the City's boards. (3) Copy of draft Ordinance No. 1440, which would extend the moratorium on casinos until after the ordinance creating a casino overlay district has become effective. . (4) Copy of an article entitled Getting Started, published in the Winter 1996-97 issue of the Planning Commissioners Journal, as submitted by Commissioner Frost. (5) Memo from Caren Couch, dated February 24, announcing that the Community Affordable Housing Advisory Board will meet at 10:00 a.m. on Tuesday, March 4. (6) Minutes for the Enhancement Program Steering Committee meeting held on February 11, 1997. (7) Minutes for the Beautification Advisory Board meeting held on February 20, along with a list of board members. (8) Minutes for the Bozeman Area Bicycle Advisory Board meeting which was held on February 19. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . March 4, at the Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a,m. on Tuesday, March 4, in the Commission Room. (11 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 4, in the Commission Room. 03-03-97 _.___..__........._ __.___.u____..u___._.____.._____ .__..._~._.._---- --------..--...-.--..-.-..-..-..---..- - 17 - (12) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, March 6, in the Commission Room. ( 13) Agenda for the Montana Transportation Commission meeting to be held on March 19 and 20 in Helena. . ( 14) The Acting City Manager submitted his weekly report, as follows. (1) Announced that USF&G has donated a bicycle to the Police Department. (2) Stated that 27 tons of Christmas trees have been chipped. ( 15) The Acting City Manager stated that a disaster and emergency services meeting was held in preparation for the upcoming flood season. He noted that snow pack statistics show the gravity of the situation, since this is the highest level documented in the 30 years of maintaining data. Commissioner Youngman asked if it is in the City's purview to ask that those who have illegally built in the flood way , other than homes, remove those items prior to the flood season. The Acting City Manager responded that, as floodplain administrator, the City does have some authority and responsibility. He stressed, however, that the City has no responsibility . for obstructions in the waterway, such as beaver dams. (16) Commissioner Frost submitted the following. (1) Reviewed the information from the Greater Yellowstone Coalition which was distributed to all of the Commissioners. He noted that everyone in the area is being impacted by growth, as evidenced by the statistics in that information. He noted that for every $1.00 paid in residential property taxes, $1.47 in local government services is required; for every $1.00 paid in agricultural and open space property taxes, 25(: in services is required. He identified several tools which could be beneficial but which do not exist at this time, including the transferable development rights, performance zoning and performance standards. (2) Expressed concern that a Chief Joseph Middle School student was recently hit in the crosswalk on North 7th Avenue at West Villard Street. He further voiced concern that similar incidents could easily occur on North 19th Avenue. He . noted that this community has some "very big problems with pedestrian safety", and he noted that, hopefully, they will be addressed before someone is killed. ( 17) Commissioner Youngman stated that she attended the Library Board of Trustees meeting last week. She noted that the new automated system has been completed, so people may now look for books, find out the status of those books and even reserve books from their 03-03~97 -..-.-- ".--..------. - 18 - computers. She further noted that a web page has been created as well as a bulletin board on which 300 groups have posted their calendar of events. She then indicated that statistics for January show that 6,000 people visited the Library per week, and 34,000 items were checked out. She then stated that the Library Director has submitted his resignation, and the Library . Board of Trustees will be seeking a replacement. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Staff report - reauest for annexation of 167::t: acres known as Tracts C-1. D-1, C-2 and D-2. COS 1827, Section 35. T2S. R5E. MPM and tract of land in Section 35. T2S. R5E. MPM described in Film 17. Page 1115 (west side of 19th between Baxter and Valley Center) (A-970 1 ) Commission Resolution No. 3162 - intent to annex 167:t acres known as Tracts C-1. D-1. C-2 and D-2. COS 1827. Section 35. T2S. R5E. MPM and tract of land in Section 35. T2S. R5E. MPM described in Film 17. Paae 1115 (west side of 19th between Baxter and Valley Center); set public hearing for April 7. 1997 (Graf) COMMISSION RESOLUTION NO. 3162 . 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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Staff Report - reauest for annexation of 2.696 acres known as COS No. 947. in the SE%. Section 11. T2S, R5E. MPM (south side of 3300 block of West Babcock Street); set public hearina for April 7. 1997 (Bozeman Interfaith Housina II for Elva L. Arnold) (A-9702) Commission Resolution No. 3163 - intent to annex 2.696 acres known as COS No. 947. in the SE%. Section 11. T2S. R5E. MPM (south side of 3300 block of West Babcock Street): set public hearing for April 7. 1997 (Bozeman Interfaith Housina II for Elva L. Arnold) COMMISSION RESOLUTION NO. 3163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, . THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize Actina City Manaaer to sign - Right-of-Way Agreement for 50-foot- wide strip of riaht-of-way along South Third Avenue north from Wagon Wheel Road 8 distance of 620 feet: acceDt Warranty Deed for Darcel 03-03-97 - 19 - Authorize Acting City Manaaer to sian - Change Order No.2 for 1995 Water Repair and Renovations - Johnston Excavatina.lnc.. Bozeman. Montana- add $29.204.29 and 0 calendar days Authorize Acting City Manager to sign - Chanae Order NO.1 for Bozeman Creek Water Supply Replacement Improvements - Johnston Excavating. Inc.. Bozeman. Montana - add $3.342.12 and 0 calendar days . Authorize Mayor to sign letter of response to MDOT re 19th Avenue speed study Acknowledae receiPt of application from Color World of Montana. Inc. for reduction in taxes under Section 15-24-1402. M.C.A.; refer to staff Application for Kennel License for Calendar Year 1997 - Ganay Johnson. 1816 South Rouse Avenue Award bid for Repurchase Agreement and City's operating accounts for the period April 1. 1997 through March 31. 1998 - American Bank. Bozeman. Montana. per memo from Treasurer Laurae Clark. dated February 26 Commission Resolution No. 3164 - intent to amend the 1990 Bozeman Area Master Plan Uodate by amendina the land use element from "urban residential" to "business park/industrial" on 1.6039 acres known as Tract 1. COS No. 1895. located in the SW%. Section 32. T1 S. R6E. MPM COMMISSION RESOLUTION NO. 3164 . 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 LAND USE ELEMENT FROM "URBAN RESIDENTIAL" TO "BUSINESS PARK/INDUSTRIAL" ON 1.6039 ACRES KNOWN AS TRACT 1, CERTIFICATE OF SURVEY NO. 1895. LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. Authorize legal counsel to commence appropriate leaal action aaainst USF&G for breach of its settlement agreement Claims It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, 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 Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Commissioner Frost abstained because one . of the consent items pertains to him personally. Recess - 5:45 p.m. Mayor Stueck declared a recess at 5:45 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and complete the routine business items. 03-03-97 - 20 - Reconvene - 7:00 c.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and complete the routine business items. Public hearing - Continued Dublic hearina - COA with deviations from several Sections of Title . 18. Bozeman MuniciDal Code to allow an addition to encroach 2 feet into 8-foot side yard setback. aaraae to encroach into entire 8-foot side yard and 10-foot rear yard setback, porch to exceed 1h of wall length. and lot coveraae in excess of 40% on Lot 19 and W% of Lot 20. Block 30. Park Addition - Colleen and John Jaramus. 419 West Dickerson Street (Z-9694) This was the time and place set for the continued public hearing on a Certificate of Appropriateness with deviations from several sections of Title 18, Bozeman Municipal Code, as requested by Colleen and John Jaramus, under Application No. Z-9694, to allow an addition to encroach 2 feet into the 8-foot side yard setback, a garage to encroach into the entire 8-foot side yard and 10-foot rear yard setbacks, a porch to exceed % of the wall length, and lot coverage in excess of 40 percent on Lot 19 and the west one-half of Lot 20, Block 30, Park Addition. The subject property is more commonly located at 419 West Dickerson Street. Mayor Stueck reopened the continued public hearing. . Associate Planner Dean Patterson presented the staff report, noting that extensive construction projects have been undertaken on this property, and most of the projects have been completed. He reviewed the deviations being requested, as follows: 1. From Section 18.18.040, to allow 44 percent of the lot to be covered by principal and accessory buildings, rather than the 40 percent allowed; 2. From Section 18.18.050, to allow the house addition to encroach 2 feet into the required 8-foot side yard setback on the west side; 3. From Section 18.18.050, to allow the addition to the garage to encroach entirely into the required 8-foot side yard setback on the east side; 4. From Section 18.50.050, to allow the garage and carport to encroach entirely into the required 10-foot rear yard setback for accessory structures; 5. From Section 18.50.160, to allow for expansion of an existing non- conforming structure, since the existing house encroaches into the side . yard setback; and 6. From Section 18.50.060.A.3., to allow the front porch to extend the full length of the building wall rather than the % of the length as allowed. The Associate Planner stated that, in addition to these six requested deviations, the applicant is seeking approval for an encroachment permit to allow the existing carport, which encroaches an estimated distance of 2 to 4 feet into the alley to remain as it currently exists. 03-03-97 - 21 - The Associate Planner provided a brief history of construction on the site, and its attendant enforcement problems, over the past three years. He stated that in November 1993, the applicants received permission to increase the area under the dormers of the garage, to provide more floor area inside the building. That project escalated into a number of other . projects, including utilities, the carport and addition to the rear of the house, for which no permits had been obtained. He noted that the Building Inspectors observed this unpermitted work, and the appropriate cease and desist orders were issued. He stated that, as of this date, the construction work has been generally completed, except for the front porch. He indicated that concern has been expressed that the area above the garage has been used as an apartment and may not have adequate services to meet code. Associate Planner Patterson stated that essentially this same application was submitted in 1994, at which time the Design Review Board considered it on two occasions and, both times, they concluded insufficient materials had been made upon which they could base a decision. In 1995, the City Attorney brought legal proceedings because of the continued violations. In October 1996, the applicant resubmitted the previous application, which is now . before the Commission. The Associate Planner stated that, because of concerns about the possible lack of adequate utilities and adequate off-street parking for an apartment above the garage, the Design Review Board has recommended that it be converted back to a guest house, which will require the removal of kitchen facilities. Should the applicant decide to convert that space back to a dwelling unit at some time in the future, the appropriate application must be filed and processed. Associate Planner Patterson stated that the Development Review Committee conducted its final review of this application at the February 11 meeting, at which time it recommended that the requested encroachment into the alley not be approved. Concerns discussed at that time included the potential that this encroachment could create problems when working on . utilities which are located under the alley. During that meeting, representatives from the Building Inspection Department expressed concern about the lack of building permits and the attendant lack of inspections, to ensure public safety. They also expressed concern about the fire ratings of the work which has been recently completed, particularly in light of the proximity of those walls to the property lines. 03-03-97 - 22 - The Associate Planner stated that on February 11, the Design Review Board also conducted its review of this application. Following that review, the Board forwarded its recommendation for approval, subject to conditions. He noted that those conditions include reducing the lot coverage from 44 percent to 41 percent, reducing the size of the carport so . it fits on the property, and allowing the front porch to extend only % of the length of the wall instead of full length of the front wall. The Associate Planner stated that several other conditions have been recommended to ensure that this application meets zone code requirements and to address the legal issues. He briefly reviewed those conditions, noting that a total of nine conditions have been forwarded for Commission consideration. The Associate Planner stated that a number of letters were submitted with the application. Also, the applicant has written a five-page letter, copies of which were included in the Commissioners' packets. In addition, the Planning Office has received five letters pertaining to this application, three of which are in opposition and two of which are in support of the project. He noted that one of the primary issues in the letters of opposition is the mass . of the addition to the rear of the structure. Mr. Lowell Springer, architect representing the applicants, stated that the staff presentation has accurately reflected the history of this project and the issues identified during review of this application. He emphasized that the work on this site has been essentially completed, and removal of any of the existing improvements could create some fairly severe problems. He asked that the Commission consider allowing the carport to continue to encroach into the alley if the applicant executes an agreement to remove the carport within a specific number of days when a specific problem has been identified. Mr. Springer asked that the Commission add language to the condition pertaining to removal of interior walls as required by the Building Inspector to allow for adequate building inspections, to protect the applicant from being required to completely dismantle the walls . inside. He noted that Mr. Poulsen has a good knowledge of how this project has been constructed. He recognized that the walls of the garage, which are on or very close to the property lines, must be upgraded to meet fire rating requirements. Mr. John Jaramus, applicant, stated he agrees with most of the conditions recommended. He questioned, however, why he is being asked to decrease the length of the 03-03-97 .. -- .- - 23 - front porch, noting that many of the porches in the area do extend the full width of the houses. He indicated a willingness to limit the length of his porch to % of the length of the front wall if necessary. He estimated that the carport extends one foot into the alley, rather than the two to four feet suggested by staff. He stated that there is still adequate room for fire trucks and . garbage trucks to get through the alley. He noted, in fact, that some of the residents in that area have compost piles along the alley which extend as far or farther into the alley. He stated that if the scrap lumber is removed, he feels that his property will be one of the better looking properties in this area. He further indicated that the neighbors who expressed concern about the addition blocking their views actually cannot see the addition from their house. Mr. Jaramus aCknowledged that there have been a lot of problems and a lot of mistakes made in their efforts to improve their property. He asked that the Commission consider his willingness to cooperate in righting those problems when making its decision on this application. Responding to Commissioner Frost, the Associate Planner stated that Condition Nos. 2 and 8 are essentially the same. He noted that if the Commission finds Condition No.2 . acceptable, Condition No.8 could probably be eliminated. Further responding to Commissioner Frost, the Associate Planner stated that two off- street parking spaces are required per dwelling unit, except for accessory dwelling units, which require one off-street parking space. He stressed that there is not adequate space on this site to accommodate enough off-street parking spaces to meet the requirements for a second dwelling unit on the site. Planning Director Epple stated that, within the neighborhood conservation overlay district, an applicant may request a deviation to the parking requirements. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. The Commissioners addressed each of the requested deviations, one at a time, . forwarding their individual viewpoints on each. Responding to questions from the Commission, the Associate Planner stated that staff and the Design Review Board have recommended a full porch not be allowed because the wall has been completely flattened with additions, and to allow a full porch would only compound 03-03-97 .--.-. ---.--. - 24- the long, unbroken expanses. He noted that other homes in the area with full front porches have different planes in the front walls, which provides an attractive appearance overall. Each of the Commissioners indicated a willingness to allow the applicant to construct a front porch the full width of the house, with the stipulation that it be completed by August . 1, 1997. The Commissioners turned their attention to the carport. Commissioner Youngman stated that the alley is public right~of-way, and she does not feel is it proper to allow encroachments into that area. She then suggested that Condition Nos. 2 and 8 be combined, and require that the paving be removed to the property line and the carport be removed back to a point where the roof is even with the roof overhang of the garage. Mayor Stueck cautioned that this proposal would result in the posts for the carport being within four feet of the building, and he is uncertain about the safety of the structure that would result. Following discussion, the Commissioners concurred that Condition Nos. 2 and 8 should . be combined, as previously suggested. The Commissioners recognized that the fire wall is a safety issue which must be addressed. The Commissioners then addressed the condition under which the Building Inspector could require removal of the wall panels to allow for adequate inspections to ensure the safety of the structure. Following discussion, they concurred that this condition is appropriate, recognizing that Building Official Neil Poulsen will exercise discretion when implementing this condition. The Commission addressed the existing second dwelling unit, which is located above the garage. As a result of discussion, they concurred that the kitchen facilities must be removed, recognizing that removal of the stove might be adequate. They further recognized . that under the recommended conditions of approval, the applicant could submit the necessary application to convert the guest house back into a dwelling unit, including a request for deviation to the off-street parking requirements. Commissioner Frost stressed the importance of ensuring that improvements to one's property do not result in a decreased quality of life for the neighbors. He expressed concern 03-03-97 --. ..- .----.-.----.---- --~--_..._._._.__. .. - 25 - that the large addition to the rear of the house has negatively impacted neighbors; however, he does not feel that issue can be addressed at this time because the addition already exists. Commissioner Youngman stated that, while the improvements under consideration might have been handled differently if the application had been submitted before construction was . completed, she will support the requested deviations as discussed above. Commissioner Rudberg stated that, given the circumstances, she feels the City has mediated the situation in the best manner possible. Mayor Stueck characterized this as a situation where a property owner was victimized by a fly-by-night carpenter. He noted that the property owner is now attempting to rectify those problems, and he feels that approval of these deviations, as discussed, is appropriate. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the request for encroachment into the alley be denied and that the Certificate of Appropriateness with deviations from several sections of Title 18, Bozeman Municipal Code, as requested by Colleen and John Jaramus, under Application No. Z-9694, to allow an addition to encroach 2 feet into the 8-foot side yard setback, a garage to encroach into the entire 8-foot side yard and . 10-foot rear yard setbacks, a porch to exceed % of the wall length, and lot coverage in excess of 40 percent on Lot 19 and the west one-half ot Lot 20, Block 30, Park Addition, be approved, subject to the fOllowing conditions: 1. The front porch, which may extend the full length of the house front, must be completed by August 1, 1997. 2. The carport structure shall be removed to a point that provides a roof overhang, typical of the garage, on the north wall of the garage/shop addition. From the above described point the roof may continue across the full width of the garage. The existing paving shall be removed from the alley right-ot-way, but may extend to the rear property line. 3. The applicant shall meet all requirements of the Building Department to meet the current building and fire construction standards, including removal of portions of interior walls to facilitate Building Inspection Division inspections, if determined necessary by the Building Official. Building permit applications, which include all conditions imposed by the . City Commission, shall be submitted to the Building Department within 30 days of Certificate of Appropriateness approval by the City Commission. The exterior finishes shall be chosen to match the existing finishes on the garage and house. 4. The applicant shall bring the living space over the garage into compliance with the Bozeman Zoning Ordinance using one of three options: 11 the applicant may remove the kitchen cooking facility and the associated outlets and vents from the guest house; 21 The applicant may submit a minor site plan application to permit a detached second dwelling unit on the property; or 31 The applicant may submit a conditional use permit 03-03-97 .-.----.--.-.. - .___..u.._____ - 26 - application to permit an accessory dwelling unit on the property. If Option Nos. 2 and 3 are determined to be unacceptable, then Option No. 1 shall prevail. 5. Prior to Planning Office approval of any building permit the applicant shall have the subject property surveyed by a licensed surveyor, and shall submit a survey drawing prepared by the surveyor to show the actual location of all structures on the subject property. The survey drawing . shall show all on~site buildings and their distance from all adjacent property lines. 6. If the garage is located partly on the adjacent property, the applicant shall provide the Planning Office, prior to Planning Office approval of any building permit, with documentation, in the form of an easement or other agreement acceptable to the City of Bozeman, that the adjacent property owner agrees to the encroachment. 7. The applicant shall not permit any cars parked behind the garage to extend over the property line and into the alley. 8. In accordance with Sections 107.5.1 and 107.5.2 of the Uniform Building Code, all fees for building permits obtained after work has commenced shall be doubled as an investigative fee. 9. All work must be completed and all of these conditions must be met by August 1, 1997. 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 hearing - COA with deviation from Section 18.50.060 to allow deck to encroach 4 feet into reauired front vard setback on Lots 4 and 5. Block 23. West Park Addition - Brock Albin for Bud and Ann Albin for 407 South 10th Avenue (Z-9704) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.50.060 of the Bozeman Municipal Code, as requested by Brock Albin for Bud and Ann Albin, under Application No. Z-9704, to allow a deck to encroach four feet into the required front yard setback on Lots 4 and 5 of Block 23, West Park Addition. The subject property is more commonly known as 407 South 10th Avenue. Mayor Stueck opened the public hearing. . Assistant Planner Jody Olsen presented the staff report. She stated that, as with the previous agenda item, the improvements have already been installed. She indicated that those improvements include a deck along the front of the house, new siding on the home and a new fence. She noted that the new deck extends nine feet into the required 25-foot setback. She reminded the Commission that architectural features are allowed to extend five feet into the 03-03-97 - 27 - required front yard setback under the code; therefore, the requested deviation is to allow the deck to extend an additional four feet into the front yard setback. Assistant Planner Olsen stated that the Design Review Board reviewed this application at their February 11 meeting. During that review, concern was expressed about the lattice screen which has been installed along a portion of the deck. One of the conditions . recommended for approval is that the lattice be removed and the deck railing be continued along that portion of the deck. Also, because of concerns about the visual impact of this deck, additional landscaping is proposed along the front of the deck and in the front yard. The Assistant Planner suggested that the Commission may wish to add another condition which would require that double fees be paid for the building permit since it is being drawn after the fact. Mr. Brock Albin, applicant, stated that when he began these projects, he did not realize that he needed a building permit; however, Zone Code Enforcement Officer Roy Beall and Building Inspector Doug Price were quick to point out that he did. He then indicated his concurrence with the staff report, as presented by Assistant Planner Olsen, and thanked staff . for their assistance in this process. Responding to questions from Commissioner Rudberg, Mr. Albin stated he plans to create a berm approximately three feet high in the front yard, and he may plant some of the trees in that berm. He then suggested that, rather than planting eight to ten-foot trees, he could plant five-foot trees on that berm and accomplish the same results. Planning Director Epple cautioned that planting trees on top of berms is typically discouraged because the roots can creep out through the sides of the berm, which can create problems for other landscaping and for the tree. Responding to Mayor Stueck, the Assistant Planner stated that when Mr. Albin came in to get the building permit for his improvements, the Planning staff discovered that the deck . encroached into the front yard setback. Responding to the Mayor, Mr. Brock stated that the lattice screening was designed to provide privacy, particularly because of the height of the windows in this structure, which was originally constructed as a chicken coop. Responding to Commissioner Frost, Planning Director Epple stated that the Design Review Board seemed to feel that lattice screening was an inappropriate design element for this 03-03~97 ..-- - 28 - site and the surrounding area. He further indicated that one of the concerns expressed by the Design Review Board is that the lattice screening creates a vertical surface within a setback, which could result in visual impacts from the roadway. Further responding to Commissioner Frost, the Planning Director stated that Condition . No.1 as recommended by the Design Review Board anticipates the planting of bushes which might reach a height of five feet, interspersed with lower vegetation, rather than plantings like ground hugging junipers. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Certificate of Appropriateness with deviation from Section 18.50.060 of the Bozeman Municipal Code, as requested by Brock Albin for Bud and Ann Albin, under Application No. Z-9704, to allow a deck to encroach four feet into the required front yard setback on Lots 4 and 5 of Block 23, West Park Addition, be approved, subject to the following conditions: . 1. The applicant shall install additional landscaping materials around and in front of the deck to screen the deck and reduce its visual impacts; 2. The applicant shall remove the lattice screen currently installed on a portion of the deck and replace it with a continuation of the railing. 3. In accordance with Sections 107.5.1 and 107.5.2 of the Uniform Building Code, all fees for building permits obtained after work has commenced shall be doubled as an investigative fee. 4. All work must be completed and all of these conditions must be met by August 1, 1997. 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. . Public hearina - Master Plan Amendment - Keith and Deborah O'Reillv and 4K Limited PartnershiD - chanae land use designation from "Urban Residential" to " Business Park/Industrial" - Tract 1. cas 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 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 Parkl 03-03-97 .----....- - 29 - 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. Mayor Stueck opened the public hearing. Acting City Manager Brey noted that, distributed just prior to the meeting, was a letter . from Mr. Gene Cook, Managing Partner of 4K Limited Partnership, requesting that this public hearing and the subsequent public hearing "be placed on hold". He recommended that the Commission continue the public hearings to April 21 in response to this request. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that this public hearing be continued to April 21, 1997, in response to the applicant's request. 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. Public hearing - Zone MaD Amendment - Keith and Deborah O'Reilly and 4K Limited Partnership . - "RS" to "M-1" or. alternativelY. "BP" - 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 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. Mayor Stueck opened the public hearing. Acting City Manager Brey noted that, distributed just prior to the meeting, was a letter from Mr. Gene Cook, Managing Partner of 4K Limited Partnership, requesting that this public . hearing and the subsequent public hearing "be placed on hold". He recommended that the Commission continue the public hearings to April 21 in response to this request. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that this public hearing be continued to April 21, 1997, in response to the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 03-03-97 -- - - 30- Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Precaration of selection crocess and evaluation form for City Manager cosition (continued) . The Commissioners discussed their schedules and when each of them could begin review of the applications. They recognized the importance of ensuring that no more than two Commissioners are present at City Hall at anyone time through this process. The Commissioners then turned their attention to the draft evaluation form, forwarding suggestions for revisions to clarify and to make the document more usable. Also, some additional items were proposed, which the Commissioners concurred could be added to the form, so those issues can be weighed during review of the applications. The Clerk of the Commission indicated that she will make the changes tomorrow morning, so that the evaluation form is available when the Commissioners begin their review process. Commissioner Rudberg requested that another form also be created, which would . provide just a few lines of space in which to write brief comments about each application. She noted that this type of form would make it much easier to quickly review the list of applicant numbers to determine which applications need further review and to select the top choices. Continued discussion - FYI Items ( 18) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee and Design Review Board meetings on Tuesday. (2) Stated that she and Mayor Stueck attended the MSU civil engineering and construction industry dinner. She noted that she was very impressed with the students who were in attendance at that meeting. ( 19) City Attorney Luwe stated that he received a survey regarding downtown Bozeman at home today. . (20) Mayor Stueck submitted the following. (1) Stated that a conversation with Governor Marc Racicot revealed that he is concerned about not just Cities, but about the tax bills coming forward from the Montana League of Cities and Towns and the Montana Association of Counties. He noted the Governor also feels that those bills currently opposed by the League, MACa and the Chamber will be amended before they are finally passed. He 03-03-97 --.-.- - .-. -------.-----.-------.-- ..-.---- .-- .- - 31 - also noted that since the Governor has used focus groups in his administration, he is interested in attending the final meeting of the Gallatin Valley Tomorrow program to see how they have worked in Bozeman. (2) Attended a parent advisory council meeting at Sacajawea Middle School last week regarding scheduled improvements to South Third Avenue. . Adjournment - 9:18 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. O~!~~ DON E. STUECK, Mayor ATTEST: . GJL;/ ~ ROBIN L. SULLIVAN Clerk of the Commission . 03.03-97