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HomeMy WebLinkAbout2006-03-20 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 20, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 20, 2006, at 7:00 p.m. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff, Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes -Auaust 1. Auaust 15. Seotember6. Seotember 12. and DecemberS. 2005. and January 17. February 21. February 27. March 6. March 13. and March 16. 2006 It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the minutes of the meetings of August 1, 2005, March 13, and March 16,2006, be approved as submitted, and that the minutes of the meeting of February 27,2006, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Mayor Krauss deferred action on the minutes of the meetings of August 15, September 6, September 12, and December 5, 2005, and February 21 and March 6, 2006, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Item. Ordinance No. 1661 .. Zone Map Amendment to establish initial municioal zonina desianation of "R-4. II Residential-Hiah-density. on :t:42.18-acre parcel described as Lot 3. Minor Subdivision No. 221. and adiacent riahts-of-way for Catamount Street and Davis Lane; finally adopt ORDINANCE NO. 1661 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING OF "R-4, II (RESIDENTIAL-HIGH-DENSITY DISTRICT) FOR 42.18 ACRES LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3898 - authorize City Manaaer to sian Chanae Order No. 1 for Bozeman Wastewater Treatment Plant Maintenance Building Addition - Inaram-Clevenaer. Inc.. Helena Montana - add $1.976.96 and 0 calendar days COMMISSION RESOLUTION NO. 3898 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH INGRAM- CLEVENGER, INC., HELENA, MONTANA. 03-20-06 -2- Approval of park master plan for Alder Creek Subdivision. Phase 3 (P-03010) Approval of final plat for Amended Plat of Minor Subdivision No. 340 (amend access easement to Lot 5. located at the northeast corner of intersection of Huffine Lane and Cottonwood Road) (P-06012) Approval of final plat for Gallatin Center Subdivision PUD. Phase IV (subdivide approximatelY 31 acres lYing west of North 19th Avenue at Cattail Street into five commercial lots) (P-05085) Authorize City Manaaer to sian - Aareement with Burns and Sons Auctions & Appraisals. Belarade. Montana. for forfeiture of ImpleMax Eauipment Company. Inc. Authorize expenditure of $9.974.03 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period from Januarv 1. 2005. throuah June 30. 2005 Award bid for Golf Way water main - Bia X. Inc.. Bozeman. Montana - in the bid amount of $49.990.00 Building Inspection Division report for Februarv 2006 Claims It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, 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 Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Public comment Mike Delaney, 921 S. 3rd Avenue, stated concern about the purchase by the City and the plans for the Mandeville Farm property. He suggested that non-profit organizations should not be involved in developing and managing land, but rather it should be left to for-profit groups. Conditional Use Permit - allow on-premise consumption of alcoholic beveraaes in existina structure located 1001 West Oak Street - Lynne Grosfield for Tanae FamilY. LLC. (Z-060071 This was the time and place set for the public hearing on the Conditional Use Permit requested by Lynne Grosfield for the Tange Family, LLC., under Application No. Z-06007, to allow on-premise consumption of alcoholic beverages in existing structure described as Lot 5, Block 3, TanRe's Subdivision. The subject property is located at the northeast corner of West Oak Street and North 11 h Avenue and is known as 1001 Oak Street. Public hearing Mayor Krauss opened the public hearing. Associate Planner Jody Sanford presented the staff report. Sante at La Creme is a custom pastry shop in the day and a bar in the evening. She noted that staff has reviewed the application in light of applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff recommends approval subject to conditions. Lynne Grosfield, applicant, wants to bring a different unique business to Bozeman. She thinks it will be a nice place for people to come relax; the decor and ambiance is incredible and she looks forward to offering something new to Bozeman. No one was present to speak in opposition to the application. 03-20-06 - 3 - There being no Commissioner objections, Mayor Krauss closed the public hearing. Decision Mayor Krauss stated that he thinks it is great to have a license of this type that is not associated with gambling or a casino. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Conditional Use Permit requested by Lynne Grosfield for Tange Family, LLC., under Application No. Z-06007, to allow on-premise consumption of alcoholic beverages in existing structure described as Lot 5, Block 3, Tange's Subdivision, be approved with the following conditions as recommended by staff: 1. A copy of the State Revenue Department liquor license for this establishment shall be submitted to the Department of Planning & Community Development prior to the sale of alcoholic beverages. 2. The applicant shall obtain a City of Bozeman Liquor License and provide the Department of Planning & Community Development with a copy of the license prior to the sale of alcoholic beverages. 3. The right to serve alcohol to outdoor patrons is revocable at any time based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman's open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 4. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement from the Department of Revenue, Liquor Division, as well as a City of Bozeman catering license, for each catered event. 5. A City business license shall be obtained for Sante at La Creme, and a copy of the issued license shall be submitted with the final site plan. 6. Establishments that entail for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with the Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 7. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The appliq:tnt is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The motion carried by the following Aye and No vote: Those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those voting No being none. Certificate of Appropriateness - allow demolition of existina sinale-household residence and shed and construction of new two-stOry single-household residence. with deyiations to allow new residence to encroach into reauired is-foot corner side yard and 20-foot rear yard setbacks and to allow vehicular access to a aarage to encroach into reauired setback - Jorv Ruaaiero for 720 East Oranae Street (Z-05298) This was the time and place set for the publiC hearing on the Certificate of Appropriateness, requested by Jory Ruggiero, under Application No. Z -05298, to allow demolition of existing single-household residence and shed and construction of new two-story single-household residence, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the new residence to encroach into the required 03-20-06 - 4- 15-foot corner side yard and 20-foot rear yard setbacks and, from Section 18.38.060, to allow vehicular access to a garage to encroach into required setback. The subject property is described as Lots 4 and 5, Block 51, Northern Pacific Addition. The site is more commonly known as 720 East Orange Street. Public hearing Mayor Krauss opened the public hearing. Zac Zakovi, next door neighbor to the property, stated two concerns. He mentioned that when he sold the property he reserved a parking space as part of the sale agreement and doesn't want to lose it; he has used it every day for the last thirty years. He also noted that his water service crosses the property and doesn't want it to be built upon and cut off his ability to repair it in the future. It was moved by Commissioner Jacobson, seconded by Commissioner Becker to continued the public hearing to March 27, 2006, as per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss. Those voting No being none. Annexation of 15.411 acres at northwest corner of intersection of Griffin Drive and Manley Road- Manley Commercial Partners. LLC (A-05014) This was the time and place set for the public hearing on the request for annexation of 15.411 acres at northwest corner of intersection of Griffin Drive and Manley Road as requested by Manley Commercial Partners, LLC. Public hearing Mayor Krauss opened the public hearing. It was moved by Commissioner Becker, seconded by Commissioner Rupp, to continue the public hearing until April 3, 2006, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss. Those voting No being none. Zone MaD Amendment - establish initial municipal zonina desianation of "M-1". Liaht Manufacturina" on 15.411 acres at northwest corner of intersection of Griffin Drive and Manley Road - Manley Commercial Partners. LLC (Z-05288) This was the time and place set for the public hearing on the Zone Map Amendment to establish initial municipal zoning designation of "M-1", Light Manufacturing" on 15.411 acres at northwest corner of intersection of Griffin Drive and Manley Road, as requested by Manley Commercial Partners, LLC. Public hearing Mayor Krauss opened the public hearing. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, to continue the public hearing until April 3. 2006, per staffs request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting No being none. 03-20-06 - 5 - Continued review of proposed UDO reyisions Included in the Commissioners' packets were the proposed revisions to the UDO. Assistant Planning Director Saunders gave a brief overview of the UDO revision process. He noted that of the 306 edits proposed, there are 66 left to review. Any three Commissioners must agree to forward the proposed revision through the revision process. 1) Item 103 was not moved forward through the UDO revision process. 2) Item 104 was not moved forward through the UDO revision process. 3) Item 105 was moyed forward through the UDO revision process. 4) Item 106 was moved forward through the UDO revision process. 5) Item 107 was not moved forward through the UDO revision process. 6) Item 108 was not moved forward through the UDO revision process. 7) Item 109 was not moved forward through the UDO revision process. 8) Item 110 was not moved forward through the UDO revision process. 9) Item 111 was moved forward through the UDO revision process. Staff noted that they may come back with a different number than what is suggested in the revision through working with a local lighting specialist. 10) Item 112 was not moved forward through the UDO revision process. 11) Item 113 was not moved forward through the UDO revision process. 12) Item 114 was not moved forward through the UDO revision process. 13) Item 115 was not moved forward through the UDO revision process. 14) Item 116 was not moved forward through the UDO revision process. 15) Item 117 was not moved forward through the UDO revision process. 16) Item 118 was moved forward through the UDO revision process. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Agenda for County Commission meeting to be held on, March 21, 2006, 9:00 a.m., at the Community Room in the Gallatin County Courthouse. (2) Agenda for County Commission meeting to be held on, March 22, 2006, 1 :30 p.m., at the Community Room in the Gallatin County Courthouse. (3) Updated schedule for planning projects to be considered at the weekly City Commission meetings through June 5, 2006. (4) 2005 Annual report from Department of Planning and Community Development. (5) Agenda for Design Review Board meeting to be held on March 22, 2006, 5:30 p.m., at the upstairs conference room of the Alfred Stiff Professional Building. 03-20-06 - 6 - (6) Agenda for Zoning Commission meeting to be hold on March 21,2006,7:00 p.m., at the Commission Meeting Room at City Hall. (7) Agenda for Planning Board meeting to be hold on March 21, 2006, 7:30 p.m., at the Commission Meeting Room at City Hall. (8) City Manager Kukulski noted that we are working on getting the list showing when each department is making budget presentations. He also noted that staff is taking both sheets from last week, the CIP projects and the planning documents and putting them in order of public safety, public services, general government, and general welfare, to reflect how the budget is organized. (2) Staff is working on a draft on the revenue sources we do not currently utilize. (3) He delivered information to Mr. Delaney responding to the parking situation with the garage. He stated that there is not a problem or a discrepancy with the price or the parking spaces. A second letter was signed by the City Manager and addressed the purchase and sale of public property as provided by the ordinance. He views this as the conclusion of a transaction resulting from an agreement that was signed two years ago, and also clarifies how we were not in conflict with the ordinance. (9) Planning Epple noted he will respond to any questions resulting from the 2005 annual report. (2) He noted that Planning Department will start evaluating applications this week to fill some of the vacancies. (3) He brought up that the Deaconess Hospital Aspen Pointe West pre-application is for about 70 units in the extreme southwest corner of the property is coming before the Commission next week. They are showing a connection to Kenyon Drive, but if they don't make a connection to Kenyon, they will have cul-de-sac issues, public safety issues, and inadequate access to the water tower. They aren't proposing that connection lightly after the Commission direction at the sub-area plan, and have submitted a revised version of the sub-area plan that doesn't show a connection to Maple. (4) He noted that Mr. Delaney's application was always going to be processed in the normal application procedure and was unsure about why he thought it wouldn't be. (10) Commissioner Rupp noted that Ms. Arkell gave a report about a letter from DEO about a creek, and whether we have been cited. The City Manager responded that we weren't cited with fines, to his knowledge, but this wasn't consistent with how we've been regulated in the past and staff is looking into it. He noted that we have been five years without a permit, because DEO hasn't granted one, they are behind in handling those things. The City Manager also noted that we are discharging into the East Gallatin, and we haven't done any changes to our systems that would have changed the output. He also mentioned that the environmental regulations may be changing in the future. He noted that he will ask Director Arkell for more clarification on this issue. (2) Commissioner Rupp brought up Mr. Riggs' house. The City Manager noted that the eviction process has been completed and the renters are moving out. He noted that this is an effort to have our police department work with landlords and not just renters. (11) Commenting to Commissioner Rupp, Mayor Krauss noted the need to come up with guidelines that clarify what the City will do and what the landlord should do. He stated he was contacted by a person who has had problems with a party house. He also expressed the inadequacy of only having one zoning enforcement officer. (12) Commissioner Becker asked for clarification on the Whitefish agenda, and the City Manager noted that he will email the draft that has been developed ask the Commissioners for changes. (2) He noted that he went to the solid waste district meeting and we are still moving forward with joining that district and hopefully we can get a game-plan with the UDO edits. (3) He also noted that he would like to see the note from Planning Director Epple on TDRs. (13) Commissioner Jacobson noted that the Commissioners all received a letter from a resident. Planning Director Epple briefly explained the requirements for a super majority vote. (2) She also stated that she would like to get going on the affordable housing discussion. Following Commissioner and staff discussion it was agreed that the discussion would be put on a future agenda as a discussion item where the pUblic could possibly be able to have more than one chance to speak in order to respond to the Commissioner discussion. She requested to get copies from Tracy from HRDC of the articles that she were presented to her so all the Commissioners could read them. (14) Commissioner Kirchhoff thanked the Commission for allowing him to travel to Mexico over the last three weeks. 03-20-06 - 7 - Adiournment - 8:08 p.m. There being no further business to come before the Commission at this time, Mayor Krauss adjourned the meeting. ATTEST: ~J~ R IN L. SULLIVAN City Clerk ~~~ JEFF SS, Mayor PREPARED BY: l)1~ :'l" Deputy City Clerk 03-20-06