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HomeMy WebLinkAbout1996-05-06 Minutes, City Commission -.---. -- -....-. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 6, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 6, 1996, at 3:00 p,m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, 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 - April 15. April 22. April 29 and April 30. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of April 29 and April 30, 1996, 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. Mayor Stueck deferred action on the minutes of the meetings of November 20 and December 4, 1995, and April 15 and April 22, 1996 to a later date, Ordinance No. 1420 - adding Chapter 9.93 of the Bozeman Municipal Code. prohibiting the carryina of weapons in City-owned buildinas and property Previously distributed to the Commissioners were copies of Ordinance No. 1420, as approved by the City Attorney, entitled: ORDINANCE NO. 1420 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED AS 9.93, AND ENTITLED "WEAPONS IN PUBLIC BUILDINGS AND PROPERTY", PROHIBITING THE CARRYING OF WEAPONS IN ALL CITY-OWNED BUILDINGS AND PROPERTY. City Manager Wysocki reminded the Commissioners that they had provisionally 05~06-96 . -...----- -.--. - 2 - adopted this ordinance at their meeting of April 15, and recommended that it be finally adopted at this time. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1420, prohibiting the carrying of weapons in all City- . owned buildings and property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor Stueck. Ordinance No. 1421 - settina commissioners' salaries. effective Julv 1.1996 Included in the Commissioners' packets was a copy of Ordinance No. 1421, as approved by the City Attorney, entitled: ORDINANCE NO. 1421 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1387, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. . The City Manager noted that this ordinance had been prepared in response to a Commission request. He then recommended that it be provisionally adopted and brought back in two weeks for final adoption. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1421, setting their salaries, effective July 1, 1996, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. ADDlication for renewal of Kennel License for Calendar Year 1996 - Elizabeth Frishman. 519 . South Tracv Avenue City Manager Wysocki stated that, included in the Commissioners' packets, was a copy of the application for renewal of the kennel license, along with a letter from Animal Control Officer Connie Lien, dated February 5, 1996. He also noted that a letter of oppOSition to renewal of the kennel license, dated May 3, 1996, as submitted by Eugene and Phyllis 05-06-96 r.'~_.___._. - ----~----~~ -- --..-- - 3 - Smith, 520 South Willson Avenue, and Robert and Annette Evans, 604 South Willson Avenue, was forwarded in the packets. Animal Control Officer Connie Lien stated that she has received no complaints about Ms. Frishman's dogs or the property since the initial kennel license was approved in October . 1995. She noted that concerns about other issues on the site have been raised, but none which pertain to the issue before the Commission at this time. She noted that when the team which is canvassing the community for dog and cat licenses went to this home, the problem dog was ferocious at the fence, but was contained as required under the original approval of this application. Ms. Elizabeth Frishman, applicant, stated she has a letter from her neighbor across the street, who has no objection to approval of this application. She indicated that she has spent $700 to reinforce the fence on her property, to ensure that her dogs cannot leave the yard. She also noted that the young dog, which is also the problem dog, is staked in the yard, to ensure the safety of those who walk past the property. She forwarded testimony on the character of her dogs, as submitted by the veterinarian. She also stated that her house is on . the market again; and as soon as it is sold, she will be moving out of state. She noted that the only offer she had last fall was $60,000 less than the house is worth, so she took it off the market. She stated that at this time, her job with Patagonia will end in two weeks; and she anticipates that within two months, her house will be sold and she will be moving. She forwarded information regarding the work which she has done to prepare the house for listing, as well as a copy of the listing. Responding to Commissioner Frost, the Animal Control Officer stated that all animals over six months old kept within the city limits for a period of fourteen days or more are required to be licensed. Ms. Frishman noted that her application for renewal of the kennel license was submitted by the end of January; and it is now coming before the Commission for . consideration. Mayor Stueck asked if the Commission has ever granted approval of a temporary kennel license. Commissioner Rudberg stated that, in the minutes from the October 2, 1995, meeting, Ms. Frishman stated that she realized that what she wanted to do with her property 05-06-96 - 4 - was not appropriate within city limits and that she intended to sell her home and move to the country. She noted that it is now May; and the situation exists as it did in October. She stated that a review of the site reflected that there are also pigeons, and possibly another type of bird, in addition to the dogs. She forwarded her position that this type of situation is not appropriate . within city limits. Ms. Frishman responded that the falcon which was previously at this location has already been moved to New Mexico. She then stated that she has five extremely rare pigeons which are kept in cages; and the pigeons which fly around her property are from the SAE House. City Attorney Luwe stated, in response to Commissioner Frost's question, that there is no grace period provided for obtaining an animal license in the ordinance; however, the Animal Control Officer has provided two weeks for pet owners to purchase the license for a new animal. Responding to Commissioner Youngman, the City Attorney stated that the kennel license granted by the Commission in October expired on December 31, 1995. He stated that . temporary extension of that license may not be considered; however, he noted that if renewal of the kennel license is approved and problems arise, the Commission may revoke the license after a public hearing has been conducted. He indicated that a kennel license goes with the person rather than with the property, so the situation could not continue under this license once the property is sold. Responding to City Manager Wysocki, the Animal Control Officer stated she has not recently inspected the subject site. Responding to Commissioner Rudberg, the Animal Control Officer stated that the pigeons are not connected to this application; but she is aware that they do exist. Mr. Eugene Smith, 520 South Willson Avenue, stated their property is immediately across the alley from the subject site. He stated that the current use of this property is . inappropriate in this urban, single-family residential area. He noted that the property is immediately across the street from an elementary school, thus children pass it on a regular basis. He indicated that no complaints have been filed because Ms. Frishman adequately addressed the problems with the fence; however, he stated that issuance of a kennel license at this site is inappropriate. He characterized the site as becoming a "farm yard", noting that 05-06-96 - .-..-. .-- .---- ----- - .______ _u__ - 5 - the pigeons which are kept in cages on the site do attract other birds from the area. He concluded by encouraging the Commission to not approve renewal of the kennel license. Ms. Frishman responded that the pigeons have been housed at this location for eight years. She also raised the issue that at another location in town, a gentleman has had over . 1 50 pigeons for several years and allows them to fly from that site. Responding to questions from Mayor Stueck, the City Attorney stated that the animal control ordinance does not currently address pigeons. He indicated that the zoning section of the code may, however, address the issue. Responding to Commissioner Youngman, the City Attorney indicated that if a kennel license is issued, the number of dogs on the site is limited to the number listed on the application; in this case, three. City Manager Wysocki suggested that an alternative to renewal of the kennel license might be to house one of the dogs at another location until Ms. Frishman moves. Ms. Frishman responded that it would be cruel to separate her dogs. She stated that two of them are older dogs, 13 and 11 years old; and the young dog is eighteen months old. . Commissioner Frost noted that the Commission received assurances last year that this was a short-term situation; and issuance of the kennel license was based on those assurances. He then indicated he is not comfortable with granting an extension of the situation. Commissioner Youngman stated that, because no current complaints about the dogs have been filed, she could support renewal of the license, although she recognizes the use of this site is inappropriate. Commissioner Stiff stated his concurrence with Ms. Frishman's assessment in the October meeting that what she wants to do with the site is inappropriate within city limits. Mayor Stueck stated noted that in October, the Commission approved the application, recognizing that it would be a very short-term situation because the house was being sold. He then indicated that, even though the time has become more extended that initially anticipated, . he would be supportive of granting a short extension of the kennel license. He recognized, however, that the Commission does not have the authority to do so. Responding to comments made during discussion, the City Attorney cautioned that a court case pertaining to one of the dogs was recently dismissed in City Court, and is now on appeal. He cautioned the Commission that the court case has no connection to this kennel 05-06-96 ......-.-- - - 6 - license application. He then noted that, if the Commission does not approve this application, there is no guarantee that the dog boarded at another location will be the problem dog. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission deny the application for renewal of the Kennel License for Calendar Year 1996, . as requested by Elizabeth Frishman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No being Commissioner Youngman. City Attorney Luwe stated that his staff is currently preparing a revised animal control ordinance, which should be ready for Commission consideration in the near future. Reauest for Dermission to use Lindlev Park for 13 days in June for ShakesDeare in the Parks City Manager Wysocki stated that on Friday, he received a memo from the Recreation and Parks Advisory Board, dated May 3, regarding a request from Shakespeare in the Parks for permission to use Lindley Park for thirteen days in June for their plays. He noted that, because of the construction on South 11 th Avenue, Shakespeare in the Parks is seeking an alternative . location. He forwarded the Board's recommendation, on a 4 to 3 vote, that the request be denied. The City Manager stated that, since Shakespeare in the Parks charges an admission fee, the Commission must take final action. He reminded the Commission that, to approve this application, they must determine that this is a community-wide event. He forwarded some possible alternatives, including the Emerson Cultural Center and the lawn to the south of Hannon Hall, where the plays were previously held. He suggested that the City could serve as the last alternative if no other location can be found for the Shakespeare in the Parks this summer. He stated that, because of the concerns which have been raised about the stress to Lindley Park, however, one of the other parks would probably be identified as the location for the plays. . Responding to questions from the Commission, the City Manager stated that the construction on South 11th Avenue makes it difficult to access the lawn by the duck pond, where the plays have been held the past few years. Also, the contractor has indicated that construction will not stop for the plays; and the noise would prevent a successful program. 05-06-96 -.--------.... - u._._... ~ ..-.---- - - 7 - Commissioner Rudberg stated she does not believe that Shakespeare in the Parks is a community-wide event. Commissioner Frost stated that, if all other options fail, he feels it would be appropriate to allow Shakespeare in the Parks to use one of the City parks this summer because . of the construction on campus. He suggested that the Recreation and Parks Advisory Board or the Parks Department would make the determination on which park would be most appropriate for this event. Commissioner Youngman stated concurrence with Commissioner Frost's comments. She suggested that tying the use of the park to the construction on campus should help to alleviate any setting of precedent. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize the use of a park for thirteen days in June for Shakespeare in the Parks to conduct their plays, if no other location can be found, with the Parks Department to make the final decision on the location, for this summer only because of the construction on South 11th Avenue. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Rudberg. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Douglas L. Hanson, 2501 Westridge Drive, dated April 30, regarding the improvements to South Third Avenue. The City Manager stated that this letter reflects the misconceptions and misinformation that are associated with the projects in the transportation plan and the bond issue. . (2) Memo from the Recreation and Parks Advisory Board, dated April 30, requesting that the Commission add $1,000 to its budget to fund printing of the Parks Master Plan and maps. The City Manager indicated that he will place this letter in the file of budget requests, noting that the Commission can discuss it during the budgetary process. 05-06-96 - 8 - (3) Letter from the Montana Conference of Seventh Day Adventists, dated April 30, stating opposition to allowing more casinos in Bozeman. (4) Petition from residents in the Vadheim Arrangement of Block 3 of Thompson's Addition No.4, near Christie Field, stating opposition to the installation of . sidewalks on that block. (5) Copy of the schedule of events and educational programs to be offered during the International Institute of Municipal Clerks Conference, which is to be held in Albuquerque, New Mexico, on May 19 through 23, 1996. (6) Letter from the Recreation and Parks Advisory Board encouraging the Commission to support a request for funding of improvements to the Story Mill Spur Trail through the National Recreational Trails Act. (7) Copies of written input for the CDBG needs assessment, as submitted by Brian Neff, 2220 West Main Street; Bee Gantert, 136 Tristram; and the Council for Concerned Citizens. (8) Copy of an exhibit from a successful application for preliminary breath . testing devices, to be funded through State of Montana Highway Safety funds. (9) Copy of the information card prepared for Historic Preservation Week, which is May 11 through 18, 1996. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 7, at the Courthouse. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 7, in the Commission Room. ( 12) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 7, in the Commission Room. ( 13) The City Manager submitted his weekly report, as follows. (1) Attended the MMIA board meeting in Helena, at which the rates for workers' compensation and liability for . the upcoming year were set. He indicated that the rates for workers' compensation were decreased by 13.5 percent while the rates for liability insurance were increased by 5.1 percent. (2) Noted that negotiations with the various bargaining units are progressing. (3) Attended the ribbon cutting for Cellular one. (4) Announced that 101 applications were received during the police recruitment; and, following the agility and written tests, the pool has been reduced to 05-06-96 ------ - 9 - 14. He stated that after the interviews have been completed, an eligibility pool will be created from which new police officers may be hired. (5) Stated that several City employees attended the American Water Works Association meeting in Missoula last week. (6) Announced that the City crews have begun the annual compost collection program. (7) Stated that a hard surface . is being installed on a portion of the linear trail, beginning with the section lying between Garfield Street and Hayes Street. (14) The City Manager asked that the Commission identify a liaison to the Downtown Bozeman Improvement District Board, noting that it can then be placed on the consent agenda for the May 20 meeting. He noted that the lOB will hold its next meeting on May 16; and if the Commission identifies which Commissioner is to serve as liaison, that individual could be present at the upcoming meeting. The Commission identified Commissioner Frost as the liaison to the lOB. (15) Commissioner Frost noted that it is becoming increasingly difficult for pedestrians to cross the major arterials in the community because motorists will not stop. He asked that a more concentrated enforcement effort be made, to remind motorists that they are . to yield to pedestrians at intersections. (16) Commissioner Youngman asked if the urban forest management report submitted to the Commission at last week's meeting will automatically be forwarded to the Tree Advisory Board, for their review and recommendations. Mayor Stueck asked that Commissioner Frost seek input from the Tree Advisory Board at their next meeting. (17) Commissioner Youngman noted that one scout troop was interested in planting a tree on public property, but were told they could not. She suggested that areas and types of trees be identified, so that when groups wish to plant a tree, accurate information is readily available. She noted that the Tree Advisory Board could provide input on desired locations and species. . ( 18) Commissioner Rudberg submitted the following. (1 ) Reminded the Commission that she and Commissioner Youngman will conduct an informal meeting to receive input regarding casinos. She noted that Assistant Planner Christopher Williams has prepared an excellent staff report regarding zoning options, in preparation for this meeting. (2) Asked if anyone is interested in attending the National League of Cities Congress of Cities, which is 05-06-96 ------.-.. -. .--. -. .--. ---.-..- -- - 10- to be held in San Antonio in November or December. She indicated that, if no other Commissioners plan to attend, she is willing to represent the City. (3) Suggested that the Commission consider a special evening session in June to meet with some of its boards, in light of the Commission's schedule for the next couple of months. . (19) Commissioner Rudberg stated that she asked Clerk of the Commission Sullivan about responding to letters which the Commissioners receive. She noted that at the present time, only those letters not pertaining to agenda items are receiving responses. She stated that, while that is acceptable under the current situation, once a Deputy is hired, she feels it is important that every letter to the Commission receive a response. City Manager Wysocki asked for responses from other Commissioners, questioning whether input submitted for public hearings requires a response. The Commissioners concurred that any letter not pertaining to a specific agenda item for the upcoming meeting receive a response. Commissioner Frost noted that he often responds to letters he receives, even though he recognizes that the Clerk sends a response. . (20) Commissioner Rudberg stated she has received several telephone calls expressing concern about a potential conflict of interest because of an individual serving as a member of both the Board of Adjustment and the City-County Planning Board. She noted that the City Attorney has reviewed this question and determined that a conflict of interest does not exist. She cautioned, however, that the Commission must also consider the perception as well as the reality when making its appointments. Mayor Stueck suggested that, to avoid this issue in the future, the Commission may wish to avoid appointing a person to more than one board, if the boards have overlapping authorities. (21 ) Commissioner Stiff submitted the following. (1) Attended the dinner to honor international students from the University, which he found very interesting and . rewarding. (2) Attended the Board of Directors meeting for the Senior Center. He noted that they are still considering alternatives for expansion of the building to accommodate the day center and, until they have identified the final plans, or possibly a couple of alternatives, any potential need for use of property to the south of the building is not known. He indicated that 05-06-96 - 11 - the seniors have raised $56,770 in matching monies for the expansion to date. He then stated that the Center delivered 400 more Meals on Wheels in April 1996 than in April 1995. (22) City Attorney Luwe submitted the following. (1) Stated that he forwarded information on the moratorium on casinos to a legislator in Big Timber. (2) Received notice this . afternoon that the federal court decided to dismiss the case involving the previous decision on the Cook zone map amendment. He noted that the case was dismissed without prejudice, so it may be refiled. (23) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, submitted the following. (1) Announced that Merrill Lynch will hold an open house from 5:00 to 7:00 p.m. on Thursday in its new offices in the old Montana Power Company building. (2) Stated he will attend the InfraCon meeting in Billings later this week. (3) Announced that the task force is making progress in identifying possible sources of funding for infrastructure improvements. (3) Reminded the Commission of the contests to be held on May 14 at the Holiday Inn, in conjunction with Hospitality Month. (4) Reminded the Commission that the CNFR is rapidly approaching. He stressed the importance of this year's activities since . Bozeman will be competing to retain the finals in December. (5) Stated that the Chamber is conducting a survey of its members regarding the proposed minimum wage legislation. (24) Mayor Stueck submitted the following. (1) Announced that the task force met on April 20, and he will distribute copies of the minutes of that meeting to the Commissioners. (2) Asked that the police provide enforcement as construction on South 3rd Avenue begins and traffic is diverted through residential neighborhoods. (3) Announced that a demonstration of GPS equipment will be conducted from 10:00 a.m. to 3:00 p.m. on Monday, May 13/ in the basement of the Courthouse. (4) Stated he has the conceptual plans for development of Rose Park. (5) Stated he will be out of town from Thursday through Sunday. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3116 - revising schedule for Commission meetinas 05-06-96 .__ ._________ __ .__n____ _ .... _._____ - 12 - COMMISSION RESOLUTION NO. 3116 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE SCHEDULE OF MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. Commission Resolution No. 3117 - authorizing City Manaaer to sign Quit Claim Deed transferring Parcel Nos. 35 and 36 for MDOT Proiect e M 1299(2) to the Montana DeDartment of TransDortation (narrow striDs of West Oak Street right-of-wav adiacent to the east side of North 7th Avenue) COMMISSION RESOLUTION NO. 3117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE QUIT CLAIM DEED, TRANSFERRING PARCEL NOS. 35 AND 36 FOR MONTANA DEPARTMENT OF TRANSPORTATION PROJECT M 1299(2) TO THE MONTANA DEPARTMENT OF TRANSPORTATION. Ratifv City Manager's signature - Riaht-of-Wav Agreement with Montana DeDartment of TransDortation - Parcel Nos. 35 and 36 on West Oak Street Droiect Dlans (narrow striDs of West Oak Street riaht- of-way adiacent to the east side of North 7th Avenue) ADDlication for Kennel License - Kate Potter. 1026 East Babcock Street - Calendar Year 1996 Commission Resolution No. 3118 - authorize City Manaaer to execute . documents for three-year lease/Durchase agreement on track- mounted front end loader for City's landfill COMMISSION RESOLUTION NO. 3118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS TO ENTER INTO A LEASEI PURCHASE AGREEMENT FOR NEW TRACK-MOUNTED FRONT END LOADER. Authorize Dlacement of historic district signs in CooDer Park and SoroDtimist Park in accordance with Historic Preservation Officer Strahn's Dresentation during the ADril 29 work session Reiect settlement offer in lawsuit Jewel vs Citv of Bozeman, et al.. forwarded in letter dated March 27 . and authorize staff to forward counter-offer re Bozeman Solvent Site Authorize City Manaaer to sign - Trail Corridor Easement across a Dortion of Lot 2. First Amended Subdivision Plat of a Retracement of Lots . 1. 2. 3 and 4. Block 1. SDrinadell Addition; Lot 2. Guv's Second Addition: an unDlatted tract; and Dortion of abandoned Milwaukee Railroad right-of-wav recorded as Plat J-155 - Clair W. and Sharon Daines (for Alderson Droiect) Authorize City Manaaer to sign - Amendment No.1 to Professional Services Agreement - sianalization of intersection of North 7th Avenue and West Tamarack Street - Robert Peccia and Associates Claims 05-06-96 ~ 13 - 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 - 4:28 p.m. Mayor Stueck declared a recess at 4:28 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. Public hearina - Commission Resolution No. 3115 - intent to establish 1996 Sidewalk Proararn . This was the time and place set for the public hearing on Commission Resolution No. 3115, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING THE CITY C OMMISSION'S INTENT TO ESTABLISH A 1996 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Stueck opened the public hearing. City Engineer Craig Brawner reminded the Commission that approximately one year ago, the Commission approved the design alternative for reconstruction of Highland Boulevard between Holly Drive and Kagy Boulevard that is currently in progress. He noted that under the . selected alternative, the existing curb and roadway are being moved six feet to the west, leaving 15 feet from the property line to the back of the curb. He indicated that a four-foot- wide boulevard is then provided along the east side of the roadway, with a standard five-foot- wide sidewalk immediately behind that. He stated that under this configuration, the sidewalk is located six feet from the property line, rather than the standard one foot. 05-06-96 -------.----- - ____________._ '__0'__'_- ____ _________ ___~_o__ - 14 - The City Engineer stated that, based on the rating and ranking sheets contained in the sidewalk policy, the sidewalk along Highland Boulevard ranked No.1 O. He noted that it has been included in the proposed 1997 sidewalk program, and was included in the mailing of courtesy notification letters to those property owners involved in the proposed sidewalk . programs for 1996, 1997 and 1998. He reminded the Commission that the question has been raised about whether installation of the sidewalk along the east side of Highland Boulevard should be funded through the general obligation bond issue, as a part of the overall cost of this project, or if the property owners should bear the cost. He stated that if the adjacent property owners are to bear the cost, then a sidewalk program must be created; and that is the purpose of this public hearing. The City Engineer stated that the sidewalk has been included in the bid which was let; and the bid amount was $2.20 per square foot, or $11 per lineal foot. He noted that this is substantially better than the sidewalk bids for the past several years, which have been as high as $3.85 per square foot. He stated that retaining walls must be constructed along some of the properties because of the difference in grade that will result from the new alignment of . the roadway. He suggested that the Commission determine under this program that the property owners bear only the costs of the standard sidewalk installation, and that the City bear all of the extraordinary costs associated with the grade changes. Mr. Howard Boxmeyer, 1104 North Cedarview Drive, stated that the residents in New Hyalite View Subdivision are opposed to sidewalks. He characterized the sidewalk on the east side of Highland Boulevard as a duplication of the pedestrian/bicycle facility on the west side of the street. He stated that, during the winter, the wind drifts the snow up on the east side of the roadway; and the snowplows go through that area frequently to keep the road open. He stated that, because of these situations, it would be impossible for the homeowners to keep the sidewalks clear in the winter, in accordance with City ordinance. . Mr. Boxmeyer stated that when the snowplow trucks go through the area at the present time, they throw the snow a substantial distance. He noted that his house is 20 feet from the street and, because he did not put screens on the windows this year, he has four windows to replace. He asked that the City provide sidewalk cleaning services if they insist on installing the sidewalks, since the homeowners will be unable to maintain the sidewalks themselves. 05-06-96 --.--.-..------ - - 15 - Mr. Dennis Neibauer, 1103 Kagy Boulevard, stated he has lived there since 1972. He said the snowplow drivers do a good job of keeping the street open, but he concurred with Mr. Boxmeyer's assessment that it would be extremely difficult for the homeowners to keep the sidewalks clean. He then questioned why the property owners should be required to bear . the costs of a sidewalk that is included in a contract already let by the City. Mr. John Hooton, 1103 North Pinecrest Drive, stated that every homeowner along Highland Boulevard will encounter a unique situation when the road realignment is completed. He noted that his property will be as much as five feet above the sidewalk, with a four-foot- high chain link fence above that, so there is no way he will be able to access the sidewalk from his property. He also recognized the snow problems which exist in that area, noting that he has cinders and salt thrown up to fifteen feet onto his property because of the snowplowing operations. He cautioned that the retaining wall will stop the snow; however, that means it will pile up on the sidewalk. He stated that the four-foot-wide boulevard will not provide an adequate area in which to pile the snow from both the street and the sidewalk, cautioning that the wall of snow will be so high that snow from the sidewalk cannot be thrown up onto it. . Mr. Lee Cannon stated that his mother-in-law lives at 1103 South Spruce Drive, and the house faces onto Highland Boulevard. He showed the Commission pictures of four very large pine trees which were planted in the City right-of-way, noting that those trees will be destroyed with the installation of a sidewalk. He noted that she has received several letters from the City about the sidewalk program and this public hearing, all of which have been extremely confusing for an elderly lady to understand. Mr. Cannon stated that his wife took the letters received to the City Engineering Department and asked about the possibility of moving the trees. He stated that those conversations revealed that the moving of trees this size is extremely difficult; and the survival rate is very low. He noted that she was also informed by the contractor that the trees will . probably be moved and that they were probably already spoken for. He questioned why the homeowner was not given an opportunity to ask for the trees to be relocated on her property before others were allowed to acquire them. Ms. Dee Mast, 1103 North Pinecrest Drive, stated she feels the sidewalks should be considered a part of the street and installed under the contract. She also indicated it is inappropriate to expect the homeowners to maintain the sidewalks in the winter. 05-06-96 ----.----..----.. ._ ___ ___no -- --------.--- -.--- - 16 - Mayor Stueck closed the public hearing. Responding to Commissioner Youngman, City Engineer Craig Brawner stated he does not know where the snow piles up along Highland Boulevard between Kagy Boulevard and Holly Drive. He noted that, north of Holly Drive, the City installs a snow fence every year in an . attempt to minimize the drifting in that area. He then suggested that the decision on snow removal does not need to be made at this time. Further responding to Commissioner Youngman, the City Engineer stated that when the street project was started, notices were mailed to all property owners regarding landscaping and encroachments. He stated that at that time, the property owners were given an opportunity to move their landscaping and other improvements out of the right-of-way if they so desired. He noted that the trees on the property at 1103 South Spruce Drive will probably need to be removed for the sidewalk. He recognized that it might be possible to save the trees by installing a curb sidewalk; however, he cautioned that with the snow conditions in that area, it will only exacerbate the problems. Responding to Commissioner Rudberg, the City Engineer stated there are 17 . properties which are adjacent to the east side of Highland Boulevard, but he does not know how many of those houses actually front onto Highland. Responding to Commissioner Stiff, City Engineer Brawner stated that the retaining wall along Highland Boulevard will be 8 feet at its highest point. He noted that locating the sidewalk six feet from the property line will provide adequate space for the grade changes needed in conjunction with the retaining wall, so that no private property is impacted. Further responding to Commissioner Stiff, the City Engineer confirmed that there will be no sidewalk along the west side of Highland Boulevard at this time. Commissioner Rudberg stated she has a problem requiring people to pay for sidewalks when their homes don't front on that street. She also expressed concern about the potential . that people will be ticketed for not keeping their sidewalks cleared; and she is concerned about the loss of landscaping that will result from installing sidewalks. Commissioner Youngman noted that when landscaping is located within the public right-of-way, the potential of losing it always exists. She then stressed the importance of providing for safe pedestrian movement along a busy arterial street, noting that it will serve both the neighborhood and the community as a whole. She stated that at the present time, 05-06-96 - 17 - it is difficult to move through the New Hyalite View Subdivision without either walking between houses or walking along Highland Boulevard, which is extremely hazardous. She recognized that the sidewalk will end at the end of the subdivision for now; however, she noted that as development occurs along Highland Boulevard, the sidewalk will be extended to Main Street. . She suggested that snow removal should be addressed as an issue separate from this decision. Commissioner Youngman suggested that the contractor should be willing to work with adjacent property owners if possible to either save their landscaping or allow them to have it moved, rather than having the landscaping not moved to date become the property of the contractor . Commissioner Youngman stated that, to be fair to other residents in Bozeman, the property owners along Highland Boulevard should be required to pay the costs of the sidewalk installation. She noted that the sidewalk will ensure public safety in the most cost effective manner available. Commissioner Stiff stated that he has traveled Highland Boulevard frequently, and he recognizes how much the wind moves the snow. He indicated that he is not interested in . having the City get back into the sidewalk plowing program. He emphasized his hesitance to require the property owners to install the sidewalk. Commissioner Frost stated he uses sidewalks, and feels they are an important part of the street system. He noted that photographs of Bozeman show that as it was growing, there were no sidewalks; but there are now sidewalks in those areas. He stated that he lives in a newer subdivision where there are no sidewalks and landscaping has been planted in the public right-of-way. He noted that trees are an asset which he feels should be protected whenever possible; however, he recognizes that sidewalks provide for safety of the public and, therefore, take priority. He stated that, while his preference would be to require the property owners to bear the costs of installing the sidewalk, he recognizes that is a minority viewpoint and will support leaving the sidewalks in the contract with the City bearing the costs. . Mayor Stueck stated that he supports requiring the installation of sidewalks in all new subdivisions since he recognizes the need to ensure public safety. He noted that, coming into tonight's meeting, he was supportive of retaining the sidewalks in the contract for the Highland Boulevard improvements; however, he recognizes the concerns about snow which have been raised by the property owners. He stated that, with the 12-foot-wide pedestrian/bicycle path 05-06-96 .....-.".- - 18 - that is to be constructed on the west side, he feels the safety of pedestrians can be ensured. He noted that if the sidewalk is to be constructed on the east side of the street, it should be included in the contract for improvements to the roadway. He suggested, however, that in light of testimony received, the benefits of a sidewalk on the east side of the street are . questionable. Commissioner Youngman stated that she feels it is important to provide a sidewalk along the east side of Highland Boulevard; and she can support including it in the contract with the City bearing the costs. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the sidewalk along the east side of Highland Boulevard as a part of the contract for Highland Boulevard improvements, with the City to bear the costs. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . sidewalk along the east side of Highland Boulevard be eliminated from the contract for improvements to Highland Boulevard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Public hearina - COA with deviations from Sections 18.18.050 and 18.50.050 of the Bozeman MuniciDal Code. to allow addition to garage to encroach 5 feet 6 inches into reauired 10-foot rear vard setback and southwest tiD of addition to encroach into reauired 8-foot side yard setback on the north 2 feet of Lot 22 and all of Lots 23 and 24. Block 22. West Park Addition - Connie Ritts. 1016 West Curtiss Street (Z-9630) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Connie Ritts, under Application No. Z-9630, with deviations . from Sections 18.18.050 and 18.50.050 of the Bozeman Municipal Code. to allow an addition to a garage to encroach 5 feet 6 inches into the required 10-foot rear yard setback and the southwest tip of the addition to encroach into the required 8-foot side yard setback on the north 2 feet of Lot 22 and all of Lots 23 and 24, Block 22, West Park Addition. The subject property is more commonly located at 1016 West Curtiss Street. Mayor Stueck opened the public hearing. 05-06-96 -..----..- -- ....---".."..- -... --.--.-.-,,- ._-~-_..__._.. - 19 - Associate Planner Dean Patterson presented the staff report. He stated that under this application, a chain link fence is to be installed, a deck is to be added to the house, and an addition is be constructed on the existing garage. He stated that two deviations are needed for the garage addition, since it is to encroach 5 feet 6 inches into the required 10-foot rear . yard setback, and encroach slightly into the required a-foot side yard setback. He noted that the subject property is located at the corner of South 11 th Avenue and West Curtiss Street. The Associate Planner stated that staff reviewed this application, and recommended that it be approved subject to two conditions. The Design Review Board conducted its review of the application, taking into consideration the staff's recommendations, and forwarded its recommendation for approval, subject to those two conditions, with revisions. The applicant indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. Responding to Commissioner Rudberg, Associate Planner Patterson stated that plantings around the fence were discussed; however, the applicant indicated that she has allergies, and the Design Review Board did not include it in their recommended conditions for . approval. Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness, as requested by Connie Ritts, under Application No. Z-9630, with deviations from Sections 18.18.050 and 18.50.050 of the Bozeman Municipal Code, to allow an addition to a garage to encroach 5 feet 6 inches into the required 10-foot rear yard setback and the southwest tip of the addition to encroach into the . required 8-foot side yard setback on the north 2 feet of Lot 22 and all of Lots 23 and 24, Block 22, West Park Addition, subject to the following conditions: 1. The garage addition shall be constructed in a workmanlike manner to the satisfaction of the Building Department. Materials, sizes, colors and construction methods shall be used to match the existing structure as closely as possible. Standard maintenance work (such as sanding and painting, and repair of trim and siding joints) shall be performed to ensure the addition is visually 05-06-96 --.--. -- - 20 - compatible with the existing garage. Siding on the addition shall match the siding lap lines of the existing garage; and 2. The proposed fence shall be constructed with appropriate workmanship and design quality to the satisfaction of the Planning Office and as directed by the Design Review Board. The fence shall be subject to zone code requirements, such as sight triangle and front yard height restrictions. . 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 - Zone MaD Amendment - IIR-3" and "R-4" to "R-MH" - Gene Cook, Garv Cook. Georae E. and Alice M. Cook. Walker L. and Susan S. Olsen. and 4K limited PartnershiD - 20 acres described as EY:z. EY:z. NE%. SW%. Section 11. T2S. R5E. and the WY:z. EY:z. NE%, SW%. Section 11. T2S. R5E. MPM (south side of 2700-2800 blocks of West Babcock Street) (2-9622) This was the time and place set for the public hearing on the Zone Map Amendment from "R-3" (Residential--Medium-density) and "R-4" (Residential--High-density) to "R-MH" (Residential--Single-family Mobile Home), as requested by Gene Cook, Gary Cook, George E. . and Alice M. Cook, Walker l. and Susan S. Olsen, and 4K Limited Partnership, under Application No. 2-9622, on 20 acres described as the east one-half of the east one-half of the northeast one-quarter of the southwest one-quarter, and the west one-half of the east one-half of the northeast one-quarter of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the south side of the 2700 and 2800 blocks of West Babcock Street. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reviewed development in the surrounding area, which includes the Main Mall, a mobile home subdivision, single-family and multi-family residential development. He noted that this is actually a rehearing of a previously considered application. . The Senior Planner stated that staff has reviewed this application in light of the 1990 Bozeman Area Master Plan Update and the zone code as well as the twelve criteria established by the Montana Supreme Court. The staff's comprehensive findings are contained in the written staff report which was previously distributed to the Commission. He stated that, as 05-06-96 -..------- -- --. ---- - 21 - a result of those findings, staff forwarded a recommendation for approval to the City-County Planning Board. Senior Planner Skelton stated that the Planning Board conducted its public hearing on this application at their regular meeting of April 16, 1996. He noted that substantial opposition . to the application was forwarded during that hearing, including a petition containing over 400 signatures of individuals in the immediate area as well as the general area. He stated that during the public hearing and subsequent discussion among the Planning Board members, issues raised included traffic impacts, incompatibility with the surrounding area, predictability of future development and value of properties in the area. The Planner reminded the Commission that under the R-3 and R-4 zoning designations, mobile homes are allowed on permanent foundations; in the R-MH zoning designation, a mobile home subdivision or a mobile home park may be developed; and the homes may either be on permanent foundations or skirted. The Senior Planner stated that, following its public hearing, the Planning Board was unable to garner the six votes needed to forward a recommendation. He stated, therefore, this . application has been forwarded to the Commission with no formal recommendation. Senior Planner Skelton stated he submitted a memo to the Commission, dated May 2, forwarding additional information. He indicated that, after reviewing the petition, the Planning staff has determined that more than 20 percent of the property owners adjacent or within 100 feet of the subject parcel have signed the petition of opposition; therefore, a 3/4 majority of the Commission must vote for approval to change the zoning designation. Mayor Stueck stressed that this public hearing pertains to zoning only, and encouraged everyone speaking to limit their comment to zoning issues. Mr. Gene Cook, applicant and developer, stated he has owned this subject property for quite some time; and is now attempting to develop it in a manner that will provide needed . housing. He stated that at the moment, it appears that the creation of a nice mobile home park would address one of the main needs in the housing community; and his discussions with staff have been positive. He recognized that the property can be developed under the existing R-3 and R-4 zones; however, the requested R-MH zoning will allow for what appears to be a more needed type of development. He stated that under R-MH zoning, a maximum of approximately ninety units will comfortably fit on the subject 20 acres; and this new development could free 05-06~96 --.---. .----..- .---- . --.----. ...-. - 22 - some of the existing housing. He noted that his preference would be to limit this development to a nice park for senior citizens; however, he recognizes that cannot be legally done. Mr. Cook stated that a mobile home development will meet a need in the housing market that is not currently available. He noted that some people cannot afford to purchase . houses; however, they could become homeowners in a mobile home park. Mr. Cook noted that development of the site is not under consideration at this time. He stated that, with the various reviews that are involved in planning and zoning processes, all efforts will be made to ensure that development is compatible with the area and that any potential impacts are mitigated. He indicated his intent to work with the staff to ensure that all City guidelines are met. Mr. Cook stated that the developer of the property immediately to the west of his has expressed concern that his property values will be lowered as a result of the requested zoning. He suggested that, rather than his proposed zoning having a negative impact on sales in the adjacent subdivision, he feels that the lots were not marketed at the proper time. Mr. Cook cited several subdivisions in which lots were developed and listed on the market in 1994 and . 1995 at a lower price than those in Babcock Meadows Subdivision. He stated that a majority of those lots have been sold; however, lots in Babcock Meadows Subdivision have not sold. He suggested that the restrictive covenants for that subdivision have further raised the costs of developing in that area, further compounding the problem. Mr. Gene Cook concluded by reiterating his willingness to work with the City and its staff and advisory bodies to develop the subject property in an attractive manner. Mr. Earl Cronsell, Montana People's Action, stated the group supports this proposed zone map amendment. He noted that manufactured homes are a key component in the long- term solution to Bozeman's affordable housing crisis. He encouraged the Commission to follow the mission statement and policy guidelines contained in its housing policy, adopted in December 1994, one of which is promoting the development of manufactured and modular . housing. He indicated that many people in the community support the development of a new area for manufactured housing, recognizing that it is needed. Mr. Cronsell encouraged the Commission to stand firm and approve this requested zone map amendment. 05-06-96 - 23 - Ms. Carolyn Maples, Treasurer of the local chapter of the Montana People's Action, stated she is a State of Montana employee; and her income as a single-member household is now enough for her to qualify for the HRDC housing which is being constructed. She encouraged the community to take a careful look at manufactured housing, noting that it can . provide for diversity in the housing market. Ms. Janet Ruleaux, Montana People's Action, stated that she lives in a double wide mobile home; and it is her castle. She noted that they live in a nice neighborhood, where they have block parties and know their neighbors. She expressed concern about the "not in my back yard" attitude, asking where a mobile home park is to be located. She noted that she is a teacher in the local school system; and she is a good neighbor and proud of her home. She stated that one in every six people in Montana lives in a mobile home. She expressed concern that in Bozeman, however, it has become a divisive issue. She encouraged the Commission to approve this zone map amendment. Mr. Mike Basile, real estate broker, characterized this as an opportunity to address the affordable housing issue. He noted that newer mobile home parks, with newer manufactured . homes, are substantially different from the older mobile home parks. He noted that on North 17th Avenue, a mobile home park was developed adjacent to a prestigious subdivision with brick homes; and they have existed harmoniously for well over twenty years. He noted that on Gooch Hill Road, a mobile home park is located immediately adjacent to a subdivision with single-family homes; and other houses are located close by. He suggested that manufactured housing will not devalue the other property in the area under consideration. He characterized this as an opportunity to address affordable housing, in a good location, and encouraged Commission support. Mr. Anson Crutcher, developer of Babcock Meadows Subdivision, stated that the existing zoning allows manufactured homes on permanent foundations, which he feels is . acceptable; however. he expressed concern that under the requested R-MH zoning designation, a mobile home rental park is allowed. He also noted that under R-MH zoning, the minimum lot size is 5,000 square feet; and garages are not required. He stated that the average size of lots adjoining this property are well over 10,000 square feet. Mr. Crutcher stated that options for providing affordable housing exist under the current R-3 and R-4 zoning designations. He also noted that there are 80 acres west of 05-06-96 ._.__n_.___. ..n.__ _. __ --.-.--.-------.-- __.___.." n_ - 24 - Ferguson Road for which preliminary studies for a pre-approved R-MH zoning designation have been completed. He stated that the comprehensive plan for the planned unit development on this entire parcel includes 700 units of mobile home development. Mr. Crutcher questioned whether mobile homes actually meet the criteria for . affordable housing. He noted that a mobile home does not qualify for conventional financing; and the interest rate is higher than it is for a stick built home. He stated that for a 1,000- square-foot mobile home costing $35,000 to $40,000, with a $5,000 down payment and a monthly lot rent of $240, a homeowner would pay $703 over ten years or $616 over fifteen years. He noted, in comparison, that a 1 ,OOO-square-foot apartment may be rented for $520 per month, including water and sewer. He recognized that renting an apartment does not result in ownership; however, he expressed concern that with purchase of a mobile home, there is a lack of pride of ownership because one does not own the land. He stated that the cooperatively owned mobile home park which the Montana People's Action has proposed would allow for pride of ownership; however, that is not part of the application currently before the Commission. He stated that if the zoning were to remain as it is, mobile homes could be placed . on permanent foundations; and they would then be eligible for conventional financing and amortized over 25 or 30 years, substantially reducing the monthly mortgage payment. Mr. Crutcher noted that the neighbors and the community have the overwhelming perception that mobile home parks lower the values of surrounding properties. He stated that mobile homes decline in value over the years; and he is concerned that their declining values will have a negative impact on his Babcock Meadows project. He stated that in July, he had lots under contract; however, when Mr. Cook's application for zone map amendment was filed, the buyers withdrew from the contracts. He indicated that he has also lowered the prices on the lots in Babcock Meadows, with some of the lots being as low as $23,000. He expressed concern that appraisal of the lots in his subdivision would have been lower if the requested . R-MH zoning had been in place when his subdivision was approved. Mr. Crutcher reminded the Commission of the strong outcry against this requested rezoning, as evidenced by the petition containing 413 signatures in opposition to the application. He noted that if more than 20 percent of the adjacent property owners oppose a requested zone map amendment, then a 75-percent majority of the Commission is required for approval of the application; and the petition represents a 95-percent neighborhood opposition. 05-06-96 _._.._u - 25 - Mr. Anson Crutcher noted that Mr. Cook purchased the subject 20 acres many years ago, and subsequently received approvals on applications for annexation and rezoning to R-3 and R-4. He noted that residents in the area relied on that zoning when they purchased their homes, recognizing that the property could eventually be developed with apartments and . modular homes on permanent foundations under those zoning designations. Mr. Crutcher noted that, while the zoning for Babcock Meadows Subdivision is R-3, the same as the properties on each side of it, it has effectively been downzoned because of the deed restrictions which allow only single-family residential development. He noted that his initial desire had been to provide for a mix of single-family and multi-family residential development; however, this compromise was reached to alleviate concerns forwarded during the pUblic hearings on his project. He reminded the Commission that this application is being forwarded without a formal recommendation by the City-County Planning Board because neither a motion to recommend approval nor a motion to recommend denial were successful in obtaining the six votes needed to forward a recommendation. Mr. Crutcher cautioned the Commissioners that if they approve this zone map . amendment and the applicant chooses to develop the property without subdivision or a planned unit development, they will not have the opportunity to review the plans for development. He concluded by encouraging the Commission to deny this application. Mr. Connie Yerger, 2604 West Babcock Street, showed the Commissioners a plat of the Ponderosa Mobile Home Subdivision, which he developed in the late 1960's. He noted that this subdivision borders Mr. Cook's property; and the lots range from 8,850 square feet to 12,000 square feet in size. He expressed concern that the lots in Mr. Cook's development could be significantly smaller, under the requested R-MH zoning. He encouraged the Commission to not approve the requested rezoning, particularly in light of the opposition which has been voiced. . Mr. Mel Fregier, 315 Yerger Drive, sta1ed his lot is 8,800 square feet in size. He noted that if mobile homes are allowed on 5,500-square-foot lots, the homes will be much too crowded. Mr. Craig Hveem, Vice President of American Bank, stated that, as lenders, they depend on the consistency of zoning. He noted that this applies to not only the current portfolio, but to future real estate decisions. 05-06-96 - .---- --..------ - - 26 - Ms. Susan Smiley, 2502 West Babcock Street, stated that when they purchased their home, they looked closely at all zoning in the immediate area. She noted that under the current master plan, they anticipated that maintaining the value of the property would be possible, particularly in light of the surrounding development and zoning. She noted that the 95 percent . of residents in the area represented on the petition in opposition are concerned about the proposed rezoning because of values. She stated that when they sought annexation and rezoning approximately 1 % years ago, they asked for an R-1 zoning to recognize the single- family residential character of their property; but an R-2 zoning was recommended by the Planning staff and adopted by the Commission, to maintain consistency with surrounding zoning. She asked the Commission to consider the residents in the area when making a decision on this requested rezoning. Ms. Judy Worley, 2813 West Babcock Street, stated she served on the advisory committee which developed the planning and zoning documents for County Zoning District No. 1, which were adopted in February 1995. She expressed concern that, while the committee consciously developed documents which recognized the characteristics of the property within . that district, once the property is annexed, the City changes the zoning. She reviewed the results from a survey conducted by the committee while preparing the planning and zoning documents, noting the overwhelming preference for single-family residential development and the overwhelming opposition to mobile home parks. Mr. David Worley, 2813 West Babcock Street, stated that, whatever type of development occurs on the subject property, it should be orderly and compatible with existing development. He expressed concern that a mobile home park would attract a different type of clientele from what more permanent housing would attract. He concluded by encouraging the Commission to carefully consider the neighborhood when acting on this application. Former Mayor John Vincent, 680 Low Bench Road, noted that when he served on the . Commission, he was the lone vote in opposition to this application. He expressed concern that the implication is a vote against the requested rezoning is a vote against affordable housing. He emphasized, however, that one can be opposed to this application and still be a strong advocate of affordable housing. He noted that in this instance, the Commission is being asked to balance the dire need for affordable housing and assure the neighborhood that the zone code provides predictability for residents. 05-06-96 _..._ n..___._._____ --.--- ----..-- - 27 - Mr. Vincent noted that under the current R-3 and R-4 zoning designations, manufactured homes are allowed on foundations; therefore, he feels that affordable housing can be provided without the requested zone change. He then stated that he has reviewed the twelve criteria for consideration of zone map amendment requests, as contained in Section . 76-2-304, Montana Code Annotated; and he does not believe that this application meets Criteria Nos. 2, 6, 8, 9, 10 or 11. He encouraged the Commissioners to carefully consider those criteria when making their decision. Mr. Tom Swanson, 2407 Fox Glove, stated that, as a builder, he is concerned about changing the zoning on property adjacent to a subdivision which has just been approved. He indicated that he was prepared to construct several houses in the Babcock Meadows Subdivision; however, when Mr. Cook applied for this zone map amendment, all building opportunities were terminated. He noted that a mobile home park creates few jobs; however, stick-built single-family homes and multi-family units create jobs. He encouraged the Commission to not approve this application. Responding to Mayor Stueck, Mr. Crutcher stated that the appraiser of his property . was Toney Bishop. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to questions from Commissioner Stiff, the City Manager stated that no plans for development of the property west of Ferguson Road have been approved to date. Responding to additional questions from Commissioner Stiff, Senior Planner Dave Skelton stated that if the Commission approves this requested rezoning, there will be subsequent reviews. He noted this includes subdivision review, whether lots are created or not, because artificial lots must be created if the property is to be developed as a mobile home park. He also noted that, at minimum, a major site plan review will be conducted. He stated that during those reviews, the Planning Board and the City Commission may impose the . conditions they determine necessary to ensure that the project does not negatively impact the surrounding area. He noted that issues to be considered include landscaping, buffering, lighting, pedestrian circulation, building height, and open space. Responding to Mayor Stueck, the Senior Planner stated that during subdivision review, 05-06-96 --. - -.-. -----. . ----- - 28 - the Commission could require restrictions or covenants to mitigate impacts which have been identified. Responding to Commissioner Youngman, the Senior Planner stated there is no other undeveloped R-MH land within city limits to which infrastructure is available. He noted there . is one vacant parcel along Rocky Creek; and that parcel is located within the floodplain and has no roads, water or sewer services to it. He also noted that the Valley West PUD, to which reference was previously made, has been reviewed as a conceptual plan for a potential development; however, no formal plans have been submitted to date. Mr. Gene Cook forwarded his willingness to work with staff, the City-County Planning Board and the City Commission, noting that that type of process results in a better plan than he may initially submit. Commissioner Rudberg stressed the importance of remembering that this is a zone map amendment application, cautioning that visualizing development of the site is inappropriate at this time. She noted that her home is located close to a mobile home park; and its value has not suffered because of that. . Break - 9:00 to 9:10 D.m. Mayor Stueck declared a break from 9:00 p.m. to 9: 1 0 p.m. Public hearina (continued) - Zone MaD Amendment - "R-3" and "R-4" to "R-MH" - Gene Cook. Garv Cook. Georae E. and Alice M. Cook. Walker L. and Susan S. Olsen. and 4K Limited PartnershiD - 20 acres described as E%. E%. NE~. SW~. Section 11. T2S. R5E. and the W%. E%. NE~. SW~. Section 11. T2S. R5E. MPM (south side of 2700-2800 blocks of West Babcock Street) (Z-9622) Commissioner Youngman stated she becomes concerned when an application pits the neighborhood against the developer. She recognized that in this instance, mobile homes could be placed on permanent foundations in the existing R-3 and R-4 zones; and she suggested that . the requested change in zoning could result in a mobile home park that looks much the same. She noted that staff has indicated there is no other R-MH land within the city limits that is suitable for development. She stated this is a legitimate zone, and there is a need for developable land to be zoned in that manner. She noted that the Commission must ensure that different types of housing can be provided, adding that through the various development review processes steps can be taken to ensure the neighborhood is protected. She noted that in this 05-06-96 - 29 - instance, the homes across West Babcock Street must be protected as well as the homes on the properties abutting the subject site. She then stated that she has carefully reviewed the criteria enumerated by former Mayor Vincent; however, her interpretation is different from his. She concluded by stating her support for this application. . Mayor Stueck stated his general concurrence with Commissioner Youngman's comments. He noted that concerns about traffic on West Babcock Street have been registered whenever additional development in this area is considered; and under this application, the potential impacts are reduced. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Zone Map Amendment from "R-3" (Residential--Medium-density) and "R-4" (Residential--High-density) to "R-MH" (Residential--Single-family Mobile Home), as requested by Gene Cook, Gary Cook, George E. and Alice M. Cook, Walker L. and Susan S. Olsen, and 4K Limited Partnership, under Application No. Z-9622, on 20 acres described as the . east one-half of the east one-half of the northeast one-quarter of the southwest one-quarter, and the west one-half of the east one-half of the northeast one-quarter of the southwest one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian; and authorize and direct staff to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. Continued public hearina - COA with deviation from Section 18.24.050 of the Bozeman Municipal Code to allow 9-foot bv 22-foot-6-inch addition to encroach 3 feet into reauired 8- foot side yard setback - Lots 13 and 14. Block D. Alderson Addition - Comma-Q Architecture. Inc.. for Suzanne L. Hainsworth. 216 South 3rd Avenue (2-9627) . This was the time and place set for the continued public hearing on the Certificate of Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as requested by Comma-Q Architecture, Inc., for Suzanne L. Hainsworth, under Application No. Z-9627, to allow a 9-foot by 22-foot-6-inch addition to encroach 3 feet into the required 8-foot 05-06-96 -"....-.-.- - 30 - side yard setback on Lots 13 and 14, Block D, Alderson Addition. The subject property is located at 216 South Third Avenue. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that . under this application, a rear addition is proposed to the house; and that addition is compatible with the existing home and site as well as the historic character of the neighborhood. He noted that this proposed addition will encroach 3 feet into the required 8-foot side yard setback, which is the same distance that the home currently encroaches. The Historic Preservation Planner stated that the Design Review Board has reviewed this application and concurred in the staff's recommendation for approval, subject to the standard condition. The applicant's representative indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as requested by Comma-Q Architecture, Inc., for Suzanne L. Hainsworth, under Application No. Z-9627, to allow a 9-foot by 22-foot-6-inch addition to encroach 3 feet into the required 8-foot side yard setback on Lots 13 and 14, Block D, Alderson Addition, subject to the following condition: 1. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. . 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. 05-06-96 .. --- - 31 - Public hearing - COA with deviation from Section 18.18.050 of the Bozeman MuniciDal Code to allow addition to structure that encroaches into side yard setback on Darcel described as 60 feet east of the west 33 feet of Y:z-acre Lot 6. Tract F. Guv's Second Addition - Brian Gallick for Linda Weimer and Manfred Goetz for 223 East Story Street (Z-9626) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Brian Gallik for Linda Weimer and Manfred Goetz, under . Application No. 2-9626, with deviation from Section 18.18.050 of the Bozeman Municipal Code to allow addition to structure that encroaches into side yard setback on parcel described as 60 feet east of the west 33 feet of Y2-acre Lot 6, Tract F, Guy's Second Addition. The subject property is more commonly located at 223 East Story Street. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the existing 17-foot by 12-foot garage is to be removed and replaced with a 34-foot by 36-foot addition containing a three-car garage and upper level apartment, attached to the existing house with a covered breezeway/sunroom. The existing home is 708 square feet in size; and the proposed addition is 1,224 square feet, or 516 square feet larger . than the existing residence. He noted that the existing structure encroaches 4 feet into the required 8-foot side yard setback, although the proposed addition will not encroach into any of the setbacks. He stated that since the proposed addition is to be attached to the non- conforming structure, a deviation is required. The Historic Preservation Planner stated that the Planning staff and the Design Review Board had difficulty in supporting the requested deviation, given its general incompatibility with the existing principle structure in terms of height and scale. He reminded the Commission that when considering this type of application, the provisions of Chapter 18.42 of the zone code, the Secretary of the Interior's Standards for Rehabilitation and the Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings are to be considered. He noted that the issues to be considered include architectural excellence, height, scale, and compatibility with the . existing historic structure and surrounding properties. Historic Preservation Planner Strahn stated that the proposed addition is 13 % feet taller than the original structure, which is approximately 17 feet tall. He noted that the proposed addition is lower than the 32-foot maximum height allowed in the R-3a zoning. He noted that this proposed addition, while lower than the maximum height allowed, is 05-06-96 - 32 - significantly higher than many of the older residences in the area. He recognized, however, that some of the buildings in the area are large and not compatible with the residences. The Historic Preservation Planner stated that new plans for the addition were submitted to staff late this afternoon; and he has not had sufficient time to review them in . detail. He noted that, at first glance, the new plans appear to be better and more compatible than the plans considered by the Design Review Board. He suggested, however, that the design could be further improved and suggested that if the Commission wishes to approve the application, they refer it back to staff and the Design Review Board for additional revisions prior to a decision. Mr. Brian Gallik, attorney representing the applicant, stated that his clients wish to relocate from their current house in Virginia to this subject property in Bozeman. Since they have two children, the existing one-bedroom house is not large enough. He stated that they do not intend to use the property as a duplex, although he recognized that it could be at some time in the future. Mr. Gallik distributed a notebook of photos of the site and the area for each of the . Commissioners. He reviewed those photos, drawing the Commissioners' attention to the pictures of the site and where the addition is to be located. He stated that the existing house and the addition are to be connected by a breezeway. He stressed the importance of recognizing that the proposed addition is within the maximum allowable limits for this zone. He recognized that the property is located within a conservation overlay district and is, therefore, subject to review by the Design Review Board. He stated that following the Design Review Board's decision, he talked to Mr. Goetz about the decision and the concerns identified; and the result was the revised drawing distributed to the Commissioners this afternoon. Mr. Gallik stated that Mr. Goetz sat on a Design Review Board in Alexandria, Virginia; and he is familiar with that type of process. His intent is to improve the property and provide a quality project for his family, while providing a quality addition to the neighborhood. He . noted that the zone code encourages the preservation of existing buildings and their historic value; and that is met with this application. He noted that the revised drawing of the addition meets that requirement better than the original drawing submitted. He stated that, immediately across the street from this house is a duplex; and a multi-unit apartment building is located very close to the site. 05-06-96 .-.---.- .--.---.-...-.-.------.- -.---------.- . -. --.------ .---.-. .... .-- - 33 - Mr. Gallik forwarded his position that the project is compatible with and contributes to the neighborhood, which is characterized by differences in buildings. He has talked to the neighbors; and they are supportive of the project, as evidenced by the petition of support containing signatures of ten residents immediately adjacent to the subject property. He noted . that, to date, only one letter of opposition has been submitted. Mr. Gallik stated his client has attempted to address the concerns which have been registered, and he believes the plan meets the criteria for rehabilitation within the conservation overlay district. He concluded by requesting that the Commission approve this application. Responding to questions from the Commission, Historic Preservation Planner Strahn stated that staff has not had an opportunity to evaluate the new drawings which have been submitted. He stated that at first glance, the extended porch area seems to help break up the mass of the addition; and some of the changes in architectural details seem to provide a more compatible appearance. He cautioned that the major concern of staff and the Design Review Board pertain to the height and scale of the proposed addition. Responding to Mayor Stueck, the Historic Preservation Planner stated that if this . proposed addition were constructed as a separate unit, it would not be subject to this type of public hearing because no deviation would be necessary. He stated that since it is an addition to an existing nonconforming structure, a deviation is needed. He cautioned that if the proposed addition were a separate unit, staff and the Design Review Board would still be concerned about the height and scale of the proposal. Further responding to the Mayor, the Planner stated that a lower addition which is more compatible with the existing structure and breaking of the mass visible from the street would be helpful in addressing the concerns which were raised by staff and the Design Review Board. Responding to Commissioner Frost, the Planner stated that the existing house has . been modified slightly over the years; however, it retains a significant amount of the original character. He noted that the house is also compatible with its surrounding neighborhood. Commissioner Frost stated the new drawing seems to be attractive. He questioned, however, whether the large addition to the existing single-family dwelling is compatible with the area. He expressed concern that, from the street, this plan will result in what appears to be "a little house with a big mass looming over it". He stated that the proposed addition would 05-06~96 -----., . - 34 - be attractive if it were located on a lot by itself, rather than on this lot with the small house on it. Planning Director Epple encouraged the Commission to consider compatibility with the surrounding area as well as the site. He stated that the Design Review Board might have . viewed the application in a different light if it had been for a single house on the lot rather than being juxtaposed to an existing small, modest home. Responding to Mayor Stueck, the Planning Director stated that, in fact, this application will result in a duplex being created. Commissioner Youngman stated that she visited the site, noting that the neighborhood contains a variety of structures, most of which were constructed prior to adoption of the current zone code. She stressed that her concerns revolve around an addition which is much larger than the existing house. Responding to questions from Commissioner Youngman, the Historic Preservation Planner stated that the Secretary of Interior's standards contain several which pertain to the size of an addition compared to the original structure; and the City's zone code also addresses . the issues of scale and height. He stressed the importance of an addition being compatible with the existing building and the surrounding elements. Responding to Commissioner Youngman, Planning Director Epple stated he does not believe the subject parcel is located within a floodplain; however, he will verify that. He noted that if it is, then the appropriate measures must be taken to ensure that the addition is properly constructed. Commissioner Rudberg stated that she has viewed the site and the surrounding area as well as the information which has been submitted in the packets. She stated that, given the character of the general area, she feels this application is appropriate. Mr. Gallik stated that he has felt under attack by both staff and the Design Review . Board in this process; and he is frustrated that he was unable to obtain constructive comments from the DRB following its recommendation for denial. He stressed his clients' willingness to work with the City to develop an addition which meets their needs and conforms to the City's regulations. He once again requested Commission approval of this applications. Responding to Commissioner Stiff, the Historic Preservation Planner stated that adequate parking is being proposed in this application. 05-06-96 ---- ------...... - 35 - Further responding to Commissioner Stiff, Planning Director Epple stated that only small hand tools and other small tools of his trade are to be located in the garage. He noted the applicant has suggested that at some time in the future, he may retrofit at least a portion of the garage and convert it into living quarters. He cautioned that if that were to occur, . additional on-site parking spaces would be required. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. Commissioner Frost noted that approximately five years ago, the neighborhood requested that the City downzone the area, due in large part to the negative impact which the apartments had on the neighborhood. He stated that the downzoning is designed to protect the neighborhood for the large, tall buildings which were allowed under the previous zoning. Responding to Mayor Stueck, Historic Preservation Planner Derek Strahn stated that the applicant must submit an application for building permit, along with a copy of the final plans . for the addition. He noted that at that time, staff will be able to review the plans and make sure they comply with this application for deviation and the Commission's action. He recognized that some of these steps are based on good faith, with zone code enforcement being the only tool to ensure the applicant constructs the project in accordance with the plans which have been approved. He then indicated that if the Commission wishes, staff can work with the applicant in an effort to develop a plan which is more compatible with the existing house. Commissioner Youngman stated she would prefer to not deny this application, suggesting that the Commission consider the staff's suggestion to refer this request back to the staff and Design Review Board, particularly since the ORB has not had an opportunity to review the new drawings. She forwarded her discomfort with the Commission acting on an . application and drawings which have not been reviewed by staff and the advisory board. She emphasized that this action would not start the process over, but would provide the possibility for development of an even better plan. She also noted that she would prefer to know about the possible floodplain designation on this property prior to making a decision. 05-06-96 - 36 - Responding to Mayor Stueck, Mr. Gallik stated the applicant needs to begin construction of the addition as soon as possible. He noted that if this matter is referred back to the Design Review Board, he would like to engage in a dialogue and receive beneficial input. Historic Preservation Planner Strahn stated that this application has been tentatively . rescheduled for the Design Review Board meeting to be held on May 29, in anticipation that it might be referred back. Commissioner Stiff noted the applicant seems willing to work with staff to develop a proposal that is acceptable to both him and the City. Mayor Stueck concurred, stating he feels the Commission should receive some assurance from either Mr. Gallik or Mr. Goetz that he is willing to meet with Planning staff to consider further modifications to the plan. Mr. Gallik assured the Commission that Mr. Goetz has intended, from the start, to work with the City. He cautioned, however, that the applicant is under time constraints which will not allow for a lengthy review and revision process. Responding to Commissioner Youngman, Planning Director Epple suggested that the . Commission could take action on this application and, if the decision is to approve the application with the condition that the applicant work with staff to possibly revise the plan further, then staff needs additional direction from the Commission on what issues are to be add ressed. City Attorney Luwe cautioned that changes to the plan may not be substantial, noting that if they are, the public should be provided an opportunity to respond. Commissioner Youngman restated her interest in approving the project; however, she is uncomfortable with approving the design without staff and the Design Review Board first reviewing it. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . Commission approve the revised plan submitted on this date for the Certificate of Appropriateness, as requested by Brian Gallik for Linda Weimer and Manfred Goetz, under Application No. Z-9626, with deviation from Section 18.18.050 of the Bozeman Municipal Code to allow addition to structure that encroaches into side yard setback on parcel described as 60 feet east of the west 33 feet of %-acre Lot 6, Tract F, Guy's Second Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, 05-06-96 -..---. - 37 - Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. ADDellate hearina - aDDeal of DeveloDment Review Committee's and Design Review Board's conditional aDDroval of COA and minor site Dlan to allow construction of 25-foot by 45-foot . structure consistina of a two-car garage and a two-bedroom aDartment on tract of land in Block B. Rouse's Addition - Jeff and Katherine Ball. 323 South Wallace Avenue (Z-9613) This was the time and place set for the appellate hearing on the appeal of the Development Review Committee's and Design Review Board's conditional approvals of a Certificate of Appropriateness and minor site plan, under Application No. Z-9613, as filed by Jeff and Katherine 8all, to allow construction of a 25-foot by 45-foot structure consisting of a two-car garage and a two-bedroom apartment on a tract of land in Block B, Rouse's Addition. The subject property is located at 323 South Wallace Avenue. Mayor Stueck opened the appellate hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that the primary issue of appeal is whether or not the driveway and parking area need to be paved. . He noted that the Development Review Committee's approval includes the condition "All areas intended to be used for permanent parking space and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage as per 18.50.120.8.7." The Design Review Board's approval includes the condition "The applicant shall pave the proposed driveway and parking area and alley access with concrete or asphaltic concrete, or other approved paving material, including gravel, keeping with the design character of the neighborhood, as required in 18.50.120.B. 7." The Historic Preservation Planner stated that the applicants feel graveling of the alley and parking area would be appropriate, given the location of the subject property. They believe that paving in this area, which is adjacent to Peets' Hill and Lindley Park, would be excessive and inappropriate. . The Planner reminded the Commission that, under the appeals procedure, following the close of the public hearing, the Commission decided to uphold, overturn or modify the conditions of approval. Mr. Jeff Ball, applicant, stated that Historic Preservation Planner Strahn has outlined the issues well. He noted that the subject property is located with a conservation overlay 05-06-96 - 38 - district located only three blocks from Main Street, where the streets are not paved. He noted that the alley leading to the subject property is a combination of dirt and sod; and he recognizes that upgrading it to a gravel standard would be appropriate. He reminded the Commission that his property is located in a fairly undeveloped portion of the community, even though it is close . to Main Street. He further noted that the only public testimony received was from one neighbor who was concerned about the negative impact that paving would have on utility companies being able to access their lines. He also noted that concern was raised about the potential negative impact of runoff from an impervious surface, particularly since his property is higher than the adjacent property. Ms. Jennifer Smith Mitchell, 122 South Church Avenue, stated she is familiar with the subject property. She questioned why the applicant proposes to access the proposed garage from the alley rather than from South Wallace Avenue. She expressed concern that the alley, which the applicant proposes to gravel, is located very close to buildings; and there will likely be a lot of dust. She cautioned that this application is for a garage and apartment; and there is a potential for more and faster traffic since it will be a rental unit. She noted that if . the South Wallace Avenue access were used, no one would be impacted by the traffic. Mr. Jeff Ball stated that his home is a south-facing passive solar home. Also, his wife likes to garden, and she has chosen the area immediately south of the house for her garden area. He stated that, because of those factors, he would prefer not to construct the garage with access from South Wallace Avenue. He noted that the proposed apartment is a two- bedroom unit; and he feels they can ensure that the traffic to and from that unit will not negatively impact the neighbors. Responding to Commissioner Stiff, Mr. Ball stated the garage is for their vehicles, not the renters. Mayor Stueck stated he agrees with the concern about stormwater run-off from an impervious surface. . Commissioner Rudberg expressed concern about the close proximity of the alley to the garages and homes along it. Commissioner Stiff stated his concurrence. Since there were no Commissioner objections, Mayor Stueck closed the appellate hearing. 05-06-96 .... .....--- - 39 - There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission uphold the Design Review Board's decision and overturn the Development . Review Committee's decision on the conditional approvals of a Certificate of Appropriateness and minor site plan, under Application No. 2-9613, as filed by Jeff and Katherine Ball, to allow construction of a 25-foot by 45-foot structure consisting of a two-car garage and a two- bedroom apartment on a tract of land in Block B, Rouse's Addition, by allowing the applicant to improve the alley/driveway and parking area to a gravel standard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg and Commissioner Stiff. ADDellate hearing - aDDeal of DeveloDment Review Committee's conditional aDDroval of minor site Dlan to allow 3.1 OS-sQuare-foot addition to existina sinale-occuoancy office build in a on a tract of land in the NE%. Section 6. T2S. R6E. MPM (701 Gold Avenue) - Locati Architects for . Barnard Construction (Z-9612) This was the time and place set for the appellate hearing on the appeal of the Development Review Committee's conditional approval of a minor site plan, under Application No. 2-9612, as filed by Locati Architects for Barnard Construction, to allow construction of a 3, 1 05-square-foot addition to the existing single-occupancy office building on a tract of land in the northeast one-quarter of Section 6, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located at 701 Gold Avenue. Mayor Stueck opened the appellate hearing. City Manager Wysocki stated that the Commission has received a letter from Barnard Construction indicating their intent to meet all the conditions of approval. He recommended that the Commission acknowledge receipt of this letter. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of the letter of withdrawal of this appeal. 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. 05-06-96 . ---------.----- .-....--------. ---~-- - 40 - Adjournment - 10:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. - cO~ t!/3~ -- ~ DON E. STUECK, Mayor - --........... ........~ " . ..._~ ~ - - ATTEST: -- , ~'---""'" . ." ....:... - -~ {jfy!JlfL ROBIN L. SULLIVAM--~ Clerk of the Commission . . 05-06-96