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Bozeman delays decision on Laurel Glen affordable-housing waiver; most consent items approved
Summary
The City Commission continued action on Consent Item F8 — a waiver related to an unrecorded affordable-housing letter for the Laurel Glen annexation — to March 11 and approved the rest of the consent calendar unanimously.
The Bozeman City Commission on Tuesday removed Consent Item F8 from the consent calendar and continued it to a date certain, March 11, after commissioners and staff discussed a lost or unrecorded letter tied to the original Laurel Glen annexation.
Commissioner Bode asked staff whether the city had searched meeting minutes or sought the original landowner's records to find a letter that, according to the original annexation materials, promised affordable-housing provisions. City Attorney Sullivan told the commission staff had "spent a good amount of time looking in the corners where it could be and they couldn't find it," and that recording and administrative practices from 2002–2003 may differ from today.
Chris Saunders of Community Development estimated the Laurel Glen original parcel was about 160 acres and said roughly "97% has been constructed" with "probably somewhere between 175 and 200 separate ownerships" — a factor commissioners cited in assessing whether an historical requirement could be enforced now.
Commissioners debated whether staff should attempt to contact the original landowner (Mr. Hinesley was referenced by staff) and whether a short delay would be appropriate. After discussion, a motion to continue F8 to March 11 passed unanimously. The deputy clerk recorded the roll call: Commissioner Boddy—Aye; Deputy Mayor Morrison—Aye; Commissioner Magick—Aye; Commissioner Fisher—Aye; Mayor Cunningham—Aye.
After removing F8, the commission approved remaining consent items (F1–F7 and F9–F15) on a separate motion; that approval also passed unanimously.
City staff said the waiver under consideration would clear a cloud on title for the current owner and that, if the landowner sought incentives under the affordable housing ordinance, the city would continue to pursue affordable housing through the ordinance and incentive process rather than through the missing annexation letter.
Commissioners asked staff to attempt outreach to the original developer before March 11 but noted the odds of locating a 20-year-old document were low. The commission recorded the continuation and consent approvals so the items will return at the March 11 meeting for final action on F8.
