HomeMy WebLinkAbout07-25-16 CC Mtg - C4. Ordinance 1957 - Annie Sub ZMA
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rebecca Owens, Associate Planner
Brian Krueger, Development Review Manager
Wendy Thomas, Community Development Director
SUBJECT: Provisional adoption of Ordinance 1957 approving the Lot 5 Annie
Subdivision Phase 2 Zone Map Amendment to rezone 3.492 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density
District) generally located on the northern portion of the tract at 1480
North 27th Avenue, between Tschache Lane and Oak Street. Application
Z08075.
MEETING DATE: July 25, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: The City Commission provisionally approves Ordinance 1957 for a
zone map amendment to rezone approximately 3.492 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) generally located on the northern portion of the tract on North 27th between Tschache Lane and Oak Street.
RECOMMENDED MOTION: Should the Commission remove this from the consent agenda
we recommend the following motion: “Having reviewed and considered the application
materials, public comment, all of the information presented, a public hearing on July 1, 2008,
and prior Commission approval of the zone map amendment on August 4, 2008, I hereby approve final adoption of Ordinance 1957 to rezone approximately 3.492-acres from R-3
(Residential Medium Density District) to R-4 (Residential High Density District), Application
Z08075.”
BACKGROUND: The property owner and applicant, Fellowship Baptist Church, submitted a zone map amendment (ZMA) for the above-referenced property that was approved by the Commission on August 4, 2008. The ZMA now requires the final adoption of the implementing
ordinance to be approved. At the time of the original approval, no termination date was attached
to the ZMA’s implementation, and the applicant was unable to address unforeseen project costs.
Related project development applications, including the subject ordinance and a final plat for the subdivision have thus been stalled, which explains the project’s dormancy. Due to the extended period of time between the original action and current action, minutes from the City Commission
meeting of August 4, 2008, are enclosed.
The current request for an ordinance approving the subject ZMA has been adjusted from 2.818
acres of the northern portion of Lot 5 to 3.492 acres to accommodate for area not included in the already approved rezoning of the adjacent parcel immediately to the south of the subject parcel
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and right of way. The entire Lot 5 is owned by the same party and the southern section of Lot 5 was recently approved by the City Commission for a similar ZMA rezoning from R-3 to R-4 (Ordinance No. 1898). Staff’s review of project files for the subject ZMA and closure of the
proposed site details through Engineering review concludes that the current request for rezoning
is acceptable.
The Commission’s approval of this consent item must incorporate the findings made for the ZMA with the Commission’s unanimous approval on August 4, 2008. On this date, The Commission considered and approved the Fellowship Baptist Church Zone Map Amendment
subject to the four contingencies listed in Zoning Commission Resolution Z08075. These
included:
1. That all documents and exhibits necessary to amend the City of Bozeman Zone Map for a
zone map amendment from “R-3” to “R4” shall be identified as “Fellowship Baptist Church Zone Map Amendment”. Staff update: This contingency has been fulfilled per the
draft Ordinance 1957 heading.
2. That the Ordinance of the Zone Map Amendment shall not be adopted until the creation
of the two-lot minor subdivision has been formally platted and establishes the boundaries of said zone map amendment. If the two-lot minor subdivision is not approved, the
application shall be null and void. Staff update: The Minor Subdivision plat application
has received preliminary approval and the final plat is being processed. Staff determines
that the contingency has been satisfied.
3. That the applicant submit a zone map amendment map, titled “Fellowship Baptist Church Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper
exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public
Service, which will be utilized in the preparation of the Ordinance to officially amend the
City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property and zoning districts, and total acreage of the property. Staff update: This contingency has been fulfilled.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor
and map of the area to be rezoned, which will be utilized in preparation of the Ordinance to officially amend the zone map. Staff update: This contingency has been fulfilled.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Adopt the ordinance as provided by staff 2. Not adopt the ordinance
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of the development.
Attachments: Ordinance 1957 Exhibit A: Lot 5, Annie Subdivision Ph 2 ZMA
Minutes of City Commission meeting of August 4, 2008
Staff Report compiled on: June 25, 2008
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Page 1 of 4
ORDINANCE NO. 1957
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR THE 3.492-ACRE
NORTHERN PART OF LOT 5, ANNIE SUBDIVSION, PHASE 2 (FORMERLY
IDENTIFIED AS FELLOWSHIP BAPTIST CHURCH), AND ADJACENT PORTIONS OF
TSCHACHE LANE, N. 27TH AVE AND N. 25TH AVE; LOCATED IN THE NORTHEAST
ONE-QUARTER (NE ¼) OF SECTION 2, TOWNSHIP 2, SOUTH, RANGE 5 EAST,
P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and
WHEREAS, Section 76-2-305, Mont. Code Ann. allows local governments to amend
zoning maps if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must
conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and
WHEREAS, Chapter 18, Article 70 now codified as Chapter 38, Article 37 of the
Bozeman Municipal Code sets forth the procedures and review criteria for zoning map
amendments; and
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map
to change the zoning on 3.492 acres from R-3 (Residential Medium District) to R-4 (Residential
High Density) has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on July 1, 2008, to
receive and review all written and oral testimony on the request for a zone map amendment; and
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Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment
Page 2 of 4
WHEREAS, on July 1, 2008, the Bozeman Zoning Commission voted 3:0 to recommend
that the zone map amendment be approved as recommended by the Community Development
Department as provided for in the staff report; and
WHEREAS, after proper notice, the City Commission held its public hearing August 4,
2008, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission reviewed and considered the twelve zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the twelve criteria; and
WHEREAS, at its public hearing held on August 4, 2008, the City Commission found
that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth
policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation of the following-described property is hereby
designated as "R-4" (Residential High Density) and all boundaries between districts being drawn
as directed in Section 38.07.040, BMC:
That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th
Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2
South, Range 5 East, of P.M.M., City of Bozeman, Gallatin County, Montana, described as
follows:
Beginning at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of
said Section 2; thence easterly 089°32'44", assumed azimuth from north, 322.54 feet along the
north line of said Lot 5; thence southerly 181°28'43" azimuth, 477.33 feet along the center line of
North 25th Avenue and also being the east line of said Lot 5; thence westerly 271°28'57" azimuth, 322.35 feet to the centerline of North 27th Avenue and also being the west line of said
Lot 5; thence northerly 001°28'43" azimuth, 466.42 feet along said center line and said west line
of Lot 5 to the point of beginning.
Area = 152,110 square feet, 3.4920 acres or 14,131.5 square meters.
See Exhibit A for a graphical depiction of the boundary.
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Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment
Page 3 of 4
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5 Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zoning Map Amendments.”
Section 6 Effective Date.
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Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment
Page 4 of 4
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _______ day of_____________, 2016.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
______________________________________
ROBIN CROUGH
City Clerk FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the __________ day of ______________,
2016. The effective date of this ordinance is ____________, 2016.
___________________________________
CARSON TAYLOR
Mayor ATTEST:
______________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 4, 2008 *An audio version of this meeting is unavailable. Please refer to the DVD. ********************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Comihouse, 311 West Main Street, on Monday, August 4, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, Director of Finance Anna Rosenbeny, and City Clerk Stacy Ulmen. A. Call to Order-6 p.m.-Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order. B. Pledge of Allegiance and a Moment of Silence Changes to the Agenda Mayor Jacobson Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the Agenda. Chris Kukulski, City Manager Mr. Kukulski stated that he would like to introduce Mr. and Mrs. Bozeman prior to the public comment section on the agenda. C. Minutes-June 5, 2008 Policy Meeting, June 9, 2008, and June 23, 2008 Motion and Vote to approve the minutes of the June 5, 2008 Policy Meeting, June 9, 2008, and June 23, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the minutes of the June S, 2008 Policy Meeting, June 9, 2008, and June 23, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign the City of Bozeman Constrnction Agreement State-Maintained Route for Griffin Drive-North 7th to Rouse and the City of Bozeman
Mi1111tes of the Bozeman City Co111111issio11, August 4, 2008 Construction Agreement City-Maintained Route Oak Street-19th to 7th with the Montana Department of Transp01iation (Hixson) 3. Approve the Appointments of Cr. Rupp and Cr. Bryson to review the Depository Bonds and Pledged Securities as of June 30, 2008 (Clark) 4. Approve Paralegal Day Proclamation (Ulmen) 5. Approve Resolution No. 4118, Intent to Create Special Improvement Lighting District No. 706, West Winds Subdivision Phase 4 (Shannon) 6. Approve the Gallatin City-County Health Department Budget for Fiscal Year 2009 (Stephanie Nelson, Health Officer) 7. Approve a Liquor License for Buffalo Wild Wings Grill & Bar to sell Liquor at 2047 West Oak Street (Neibauer) Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Consent items D. 1-7 as listed. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent items D. 1-7 as listed. Those voting Aye being Crs. Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. E. Public Comment Mayor Jacobson opened public comment. Mr. Kukulski Mr. Kukulski introduced Mr. and Mrs. Bozeman who are visiting from Georgia and are related to John Bozeman, the founder of the City. Rick Bozeman, Public Comment Mr. Bozeman spoke regarding his excitement of his visit to the City of Bozeman. Steve Kirchoff, Public Comment Mr. Kirchoff suggested that the City fund a feasibility study regarding the Story Mansion. If the · study indicates a private ownership, a private public partnership, or public ownership, the City should go with the option that is revealed to be the best. Use SAT money to fund the study. 2
Minutes of the Bozeman City Co111111issio11, August 4, 2008 Derik Strong, Public Comment Mr. Strong of 412 West Harrison spoke regarding the Story Mansion. He feels that there needs to be a clear direction from the City Commission. He addressed 4 points that the Commission should consider. Sara Glover, Public Comment Ms. Glover of 3103 Agusta Drive spoke regarding the One Book One Bozeman Program. Ms. Glover stated that this is a community wide reading program. There are some community events planned which will begin in September. Jim Woolseth, Public Comment Mr. Woolseth of 603 West Babcock spoke regarding the Story Mansion. He spoke regarding putting the Story Mansion on a ballot. He does not agree. Kirk Miller, Public Comment Mr. Miller, Superintendent of Schools in Bozeman, spoke in support of the ALTA Planning rep01i regarding the Safe Routes to Schools Plan. Mr. Miller thanked staff members for getting the funding together to get the plan stmied. Cathy Costakis, Public Comment Ms. Costakis of 408 Bonner Lane, thanked the Commission and City for getting the Safe Routes to Schools Plan stmied. Chris Mehl, Public Comment Mr. Mehl spoke regarding the Story Mansion. Mr. Mehl encouraged the Commission to consider the proposal to conduct a study. Carson Tavlor, Public Comment Mr. Taylor spoke regarding the Story Mansion. He encouraged the Commission not to put the issue on the ballot. He supp01is Mr. Kirchoff s suggestion. Bob Chase, Public Comment Bob Chase asked that the Commission consider adding a discussion regarding the background of the Story Mansion petition on the upcoming agenda on August 11, 2008. He would also like the Commission to take action on adding the item to the ballot. Public Commentclosed Mayor Jacobson closed public comment. F. Mayoral Proclamation This item was approved in the Consent agenda and therefore was not read. G. Special Presentation-Safe Routes to Schools Plans -Final Repo1i (Joe Gilpin, Planner, Alta Planning+ Design) 3
Minutes of the Bozeman City Co111111issio11, August 4, 2008 Joe Gilpin, Planner, Alta Planning + Design Mr. Gilpin presented a special presentation and power point on the Safe Routes to Schools Plans Final Report. This is a partnership where different parts of the plan were paid from different sources. All of the resources are on the City of Bozeman website. Cr. Bryson Cr. Bryson asked how much funding the Bozeman School District contributed to the plan. He urged that the School board see the impmiance of contributing to the project. Mr. Gilpin Mr. Gilpin stated that they have not contributed any funding. Authorize the absence of Cr. Krauss. Motion and Vote to authorize the absence of Cr. Krauss. It was moved by Cr. Bryson, seconded by Cr. Becker to authorize the absence of Cr. Krauss. Those voting Aye being Crs. Bryson, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. H. Action Items 1. Resolution No. 4111, Revising the Fee Schedule for the Department of Planning and Community Development, opened and continued from July 21, 2008 (Saunders) Andy Epple, Planning Director Mr. Epple stated that it would be best to consider Resolution No. 4111 after the budget workshop takes place on August 18, 2008. Motion and Vote to open and continue Resolution No. 4111to August 18, 2008. It was moved by Cr. Becker, seconded by Cr. Rupp to open and continue Resolution No. 4111 to August 18, 2008. Those voting Aye being Crs. Becker, Rupp, Bryson and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 4
Minutes of the Bozeman City Commission, August 4, 2008 2. Final Adoption of the Bozeman Municipal Climate Action Plan (Baker/Meyer) Hattie Baker, former City Sustainability Coordinator Ms. Baker presented a power point presentation on the Bozeman Municipal Climate Action Plan. Ms. Baker stated that the Commission has received the Climate Action Plan. The Task force introduced themselves to the Commission. Public Comment Mayor Jacobson opened public comment. Jennifer Swearingen, Public Comment Ms. Swearingen of 502 South 6111 spoke regarding the Climate Action Plan. She urged the Commission to adopt the recommendations in the plan and to work toward setting up and creating a new plan for the Community as a whole. Mark Johnson, Public Comment Mr. Johnson of 107 North Western Drive encouraged the Commission to adopt the Climate Action Plan and to create a new plan for the Community as a whole. Valarie Harms, Public Comment Ms. Harms of 3701 River Valley urged the Commission to suppmi the Action Plan and move ahead with a second plan. Marcia Youngman, Public Comment Ms. Youngman of 1214 West Koch stated that this is well rounded with the Mayor's Climate Protection agreement. She urged that the second task force move forward. Otto Pohl, Public Comment Mr. Pohl stated that he was a member of the task force. He spoke regarding funding and the energy fund. Scott Bishke, Public Comment Mr. Bishke stated that the plan is not the goal, but begins the process. He encouraged the second Community Plan. Don Killian, Public Comment Mr. Killian of 3 Northwestern Drive spoke regarding reducing costs in his own home. He stated that it is important that materials need to be available so people know what areas to look at first. 5
Minutes of the Bozeman City Commission, August 4, 2008 Ron Gumperts, Public Comment Mr. Gumperts of 810 South Wilson stated that he supports the task force. Peter Belschwender, Public Comment Mr. Belschwender of North Grand urged the Commission to adopt the plan. There are some things in the plan that will save money right away. Cathy Costakis, Public Comment Ms. Costakis of 408 Bonner Lane spoke regarding air quality and economic health. She urged the Commission to adopt the plan and appoint a second task force. Natalie Meyer, Public Comment Ms. Meyer stated that there is federal funding for energy efficiency programs. Patrick McGowan, Public Comment Mr. McGowan stated that he is a Belgrade resident but that he was on the task force at one time. He urged the Commission to lead as a City and get the public involved. JP Po11111ichowski, Public Comment Ms. Pomnichowski of 222 West Ridge stated that she suppmis the adoption of the plan and urged the Commission to move forward on the Community plan. She spoke regarding the legislative initiative regarding renewable resources. Mayor Jacobson closed public comment. Mayor Jacobson Mayor Jacobson stated her appreciation to the task force. Mr. Kukulski Mr. Kukulski thanked Hattie Baker for her work on the plan. Motion to adopt the Bozeman Municipal Climate Action Plan. It was moved by Cr. Rupp, seconded by Cr. Becker to adopt the Bozeman Municipal Climate Action Plan. Cr. Bryson Cr. Bryson stated that he has concerns with some of the suggestions in the plan. He does not know if it is the City's responsibility to enforce the Community Action Plan. 6
Minutes of the Boze111a11 City Co111111issio11, August 4, 2008 Mayor Jacobson Mayor Jacobson stated that each City Department should look at the plan and see how to implement some of the suggestions. Debbie Arkell, Director of Public Services Ms. Arkell stated that staff has researched using micro-turbines at the wastewater treatment plant. Engine generators are proposed and are more cost effective. Cr. Becker Cr. Becker stated that he is ready to adopt this plan and move forward with the Community plan. Cr. Rupp Cr. Rupp stated that his motion is to move forward. Vote to adopt the Bozeman Municipal Climate Action Plan. Those voting Aye being Crs. Rupp, Becker, and Mayor Jacobson. Those voting No being Cr. Bryson. The motion carried 3-1. Mayor Jacobson Mayor Jacobson feels that the City should move fo1ward with the Community plan. The City needs to set the example. Ms. Baker Ms. Baker stated that other communities have implemented a Community plan. Motion to direct the City Manager to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. It was moved by Cr. Bryson, seconded by Cr. Becker to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. Vote on the Motion to direct the City Manager to come back with a plan for implementation of a Community Wide Plan where the City takes a leadership role. Those voting Aye being Crs. Bryson, Becker, Rupp, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. Break 7
Minutes of the Bozeman City Co111111issio11, August 4, 2008 3. Knolls at Hillcrest Zone Map Amendment #Z-08119 (Riley) Dave Skelton, City Planner Mr. Skelton presented the staff repo1i and power point presentation for the Knolls at Hillcrest Zone Map Amendment #Z-08119. Staff is recommending approval with conditions. Cr. Rupp Cr. Rupp asked what the difference in height restriction in the R-0 to R-3 zoning districts. Jason Leep, PC Development Mr. Leep presented the applicant presentation. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve the Knolls at Hillcrest Zone Map Amendment #Z-08119, subject to the two contingencies listed in Zoning Commission Resolution #Z-08075. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Knolls at Hillcrest Zone Map Amendment #Z-08119, subiect to the two contingencies listed in Zoning Commission Resolution #Z-08075. Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 4. Fellowship Baptist Church Zone Map Amendment #Z-08075 (Skelton) Dave Skelton, City Planner Mr. Skelton presented the staff repo1i and power point presentation regarding the Fellowship Baptist Church Zone Map Amendment #Z-08075. Staff is recommending approval. Jeremy Shea, Applicant Representative Mr. Shea presented the applicant presentation. Public Comment Mayor Jacobson opened public comment. No person commented. 8
Minutes of the Bozeman Ci(I' Commission, August 4, 2008 Mayor Jacobson closed public comment. Motion and Vote to approve the Fellowship Baptist Church Zone Map Amendment #Z-08075, subject to the four contingencies listed in the (staff) report. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the Fellowship Baptist Church Zone Map Amendment #Z-08075, subject to the four contingencies listed in the (staff) report. Those voting Aye being Crs, Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 5. City Landfill Shops Addition Site Plan #Z-08131 (Krueger) Andy Epple, Director of Planning Mr. Epple presented the staff report regarding the City Landfill Shops Addition Site Plan #Z-08131. Staff is recommending approval. Steve Johnson, Sanitation Superintendent Mr. Johnson spoke regarding the inefficiencies of the existing building and how the proposed addition will be a benefit for the department. James Goehrung, Superintendent of Facilities Mr. Goehrung stated that they are still in the design phase of this project and it is located on a 200 acre site. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve the City Landfill Shops Addition Site Plan #Z-08131 subject to the conditions and code provisions as outlined in the staff report. It was moved by Cr. Bryson, seconded by Cr Becker to approve the City Landfill Shops Addition Site Plan #Z-08131 subject to the conditions and code provisions as outlined in the staff report. 9
Minutes of the Bozeman Ci()' Co111111ission, August 4, 2008 Those voting Aye being Crs, Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 4-0. 6. Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 (Rosenberry) Anna Rosenberry, Director of Finance Ms. Rosenberry presented the staff report and power point regarding Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. It was moved by Cr. Becker, seconded by Cr. Rupp to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. Vote on the Motion to adopt Resolution No. 4113, Establishing a 7% Increase in Street Maintenance District Assessments for FY 2009 making the assessment rate 0.01104 per square foot. Those voting Aye being Crs. Becker, Rupp, and Mayor Jacobson. Those voting No being Cr. Bryson The motion passed 3-1. 7. Resolution No. 4114, Establishing Tree Maintenance District Assessments for FY 2009 (Rosenberry) Anna Rosenberry, Director of Finance Ms. Rosenberry presented the staff report and power point regarding Resolution No. 4114, Establishing Tree Maintenance District Assessments for FY 2009. Public Comment Mayor Jacobson opened public comment. 10
Afinutes of the Bozeman City Co111111issio11, August 4, 2008 No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No. 4114. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Resolution No. 4114. Those voting Aye being Crs. Rupp, Bryson, Becker, and Mayor Jacobson. Those voting No being none. The motion passed 4-0. Chris Saunders, Assistant City Planner Mr. Saunders requested that agenda item 9 be addressed before item 8. The Commission agreed. 9. Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update (Saunders) Chris Saunders, Assistant City Planner Mr. Saunders presented the staff presentation regarding Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. It was moved by Cr. Bryson, seconded by Cr. Becker to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Stacy Ulmen, City Clerk Ms. Ulmen asked for clarification as to whether the intent of the motion was to include the effective date of September 6, 2008. Cr. Bryson Cr. Bryson clarified that it did not include the language regarding the effective date. 11
Minutes of the Bozeman City Commission, August 4, 2008 Vote on the Motion to approve Resolution No. 4110, Adopting the July 2008 Fire/EMS Impact Fee Cost of Service Study Update. Those voting Aye being Crs. Bryson, Becker (after discussion Cr. Becker changed his No to Aye), Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 8. Final Adoption of Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee (Saunders) Chris Saunders, Assistant City Planner Mr. Saunders presented the staff presentation regarding the Final Adoption of Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to finally adopt Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee to incorporate required changes to implement the new Fire Impact Fee Study and reflect changes to the fee study due to the recently awarded contract for construction of Fire Station #3. It was moved by Cr. Becker, seconded by Cr. Rupp to finally adopt Ordinance No. 1746, Amending Chapter 3.24 to incorporate the Updated Fee Study for Fire/EMS Impact Fee to incorporate required changes to implement the new Fire Impact Fee Study and reflect changes to the fee study due to the recently awarded contract for construction of Fire Station #3. Those voting Aye being Crs. Becker, Rupp, and Mayor Jacobson. Those voting No being Cr. Bryson. The motion passed 3-1. 9. Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1 (Rosenberry) 12
Minutes of the Bozeman City Commission, August 4, 2008 Ms. Rosenbe1ry Ms. RosenbeITy presented the staff report regarding Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. Motion and Vote to approve Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Resolution No. 4117, Final Creation of Special Improvement Lighting District #694, Traditions Subdivision Phase 1. Those voting Aye being Crs. Rupp, Bryson, and Mayor Jacobson. Those voting No being Cr. Becker. The motion passed 3-1. 11. Appointments to the Board of Ethics (Delaney) Motion to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. Tim Cooper, Assistant City Attorney Mr. Cooper asked that the Commission define the tenns for the members. Cr. Bryson Cr. Bryson amended his motion to include Carson Taylor's term as a three year term. Vote to appoint Carson Taylor (to a three year term), Rodger McCormick, and Stephen Schultz to the Board of Ethics. Those voting Aye being Crs. Bryson, Becker, Rupp and Mayor Jacobson. Those voting No being none. The motion passed 4-0. 13
Minutes of the Bozelll(III City Co111111issio11, August 4, 2008 12. Appointment to the City Planning Board (Delaney) Mayor Jacobson Mayor Jacobson appointed Dawn Smith to the City Planning Board. I. FYI/Discussion 1. Reminder of the League of Cities and Towns District #10 Meeting at 10:30 a.m. on Thursday, August 7, 2008 at City Hall (Kukulski/Ulmen) 2. Reminder of the Policy Meeting on Thursday, August 7, 2008 from Noon-1:30 p.m. at City Hall (Kukulski/Ulmen) 3. Confirm Attendance at the Special Meeting on Friday, August 8, 2008 at 7 a.m. at City Hall to hold a Discussion with the Architect regarding the Law & Justice Center (Kukulski/Ulmen) 4. Reminder of the Joint City-Town County Meeting on Friday, August 8, 2008 at Noon at MacKenzie River Pizza in Belgrade (Kukulski/Ulmen) The Commission spoke regarding these meetings and stated which ones they would be available to attend. Mr. Kukulski Mr. Kukulski stated that he has handed out evaluation tools for his evaluation as City Manager. 5. Story Mansion Petition request to add to the City Commission Agenda on August 11, 2008. The majority of the Commission did not want to add the item to the agenda, however fmiher discussion of the issue is an interest. The Commission agreed that they wanted to discuss Mr. Kirchhoff's comment urging that the City conduct a feasibility study in the future. Scheduling a policy meeting was mentioned. Mayor Jacobson suggested in September. 6. Diane Hertzberg leaving Karen Semerau announced that Diane Herzberg of Bresnan, has been filming the Commission Meetings for quite some time and will be pursuing another endeavor. The Commission thanked Diane for her help. ~ ~ 1 Kaaren Jacobs~ 14
Minutes of the Bozeman City Commission, August 4, 2008 ATTEST: PREPARED BY: Sta; ~' Ci1;lerk Approved on l)(\jnbv! 13 cl)Qg' I ( 15