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HomeMy WebLinkAbout2006-04-24 Minutes, City Commission , .. Pagel MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 24, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Bozeman City Hall, 411 East Main Street, on Monday, April 24, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debra Arkell, Planning Director Andy Epple, Finance Director Anna Rosenberry, Acting City Attorney Tim Cooper, and Acting City Clerk Devin Harbour. Pled2e of Allel!iance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. The City Manager noted that Consent Items 9-14, 16, 17, and 19-22 will be continued to May 1, 2006. Minutes - September 12,2005, and January 17, February 21, March 6, March 24, and March 27, April 14, April 17, 2006 It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of April 14, 2006, as submitted. The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Consent Items 1. Proclamation - Declare April 28, 2006, as Arbor Day, and encourage citizens of Bozeman to participate in appropriate activities. 2. Authorize City Manager to sign Amendment 1 to the Professional Services Agreement with Morrison and Maierle, to the WWTP Storage Maintenance Building Project, add $2,300.00. 04-24-2006 --------- , .. Page 2 3. Authorize City Manager to sign Agreement with ThinkOne for Professional Architectural Services for fe-roofing several buildings at the WWTP. 4. Authorize City Manager to sign Acceptance of Public Street and Utility Easement with Carl Vandermolen, north of Tschache Lane. 5. Authorize City Manager to sign Release and Reconveyance of Utility Easement with Maththew A. Madden and Lisa M. Hughes, portion of Lot 2D, Brady Ave. Subdivision. 6. Acknowledge receipt of Monthly Report for March 2006 from Building Division. 7. Approval of Pledged Securities as of March 31, 2006. S. Adopt Commission Resolution 3907. Supersedes Commission Resolution 3137: update of Commission Annexation Policy. 9. Authorize City Manager to sign Bozeman Deaconess Health Services Annexation Agreement . (continued to May 1, 2006) 10. Adopt Commission Resolution 3910, Bozeman Deaconess Health Services Resolution of Annexation . (continued to May J, 2006) 11. Provisionally adopt Commission Ordinance 1663, Bozeman Deaconess Health Services Zone Map Amendment . (continued to May J, 2006) 12. Authorize City Manager to Sign Homesite Annexation Agreement . (continued to May J, 2006) 13. Adopt Commission Resolution 3911, Homesite Resolution of Annexation . (continued to May 1,2006) 14. Provisionally adopt Commission Ordinance 1664, Homesite Zone Map Amendment . (continued to May 1, 2006) 15. Authorize City Manager to sign Lydens Annexation Agreement 16. Adopt Commission Resolution 3912, Lydens Resolution of Annexation . (continued to May J, 2006) 17. Provisionally adopt Commission Ordinance 1665, Lydens Zone Map Amendment . (continued to May 1,2006) IS. Provisionally adopt Commission Ordinance 1666, Children's Place Zone Map Amendment 19. Authorize City Manager to sign Findings of Fact and Order for Annie Phase ill B Major Subdivision . (continued to May 1,2006) 20. Authorize City Manager to sign Findings of Fact and Order for Annie Phase ill C Major Subdivision . (continued to May J, 2006) 21. Authorize City Manager to sign Findings of Fact and Order for Baldwin Minor Subdivision . (continued to May 1, 2006) 22. Writeoff of past-due accounts receivable, stale-dated checks, and NSF checks . (continued to May 1,2006) 23. Claims 04-24-2006 Page 3 It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Consent Items 1-8, 15, 18, and 23. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Public comment Deb Stover, 395 N Valley Drive, spoke about neighborhood updates, and asked that the Durston Payback Agrccments be postponed because she thinks the way the district was calculated was unfair. Marcia Youngman, 1214 W. Koch, requested a mixed use discussion meeting, regarding the June 5 hearing regarding a new zoning category. She suggested use of the facilitated land use program. The Commission agreed that such a mceting would be appropriate. Conditional Use Permit to allow construction of 6.428 SQuare foot maintenance and storal!e buildinl! at 1203 South Church A venue. as requested bv Don Stueck for William Martel Properties. Inc. (Z.06045) This was the time and the place set for the public hearing for the Conditional Use Permit to allow construction of 6,428 square foot maintenance and storage building at 1203 South Church A venue, as requested by Don Stueck for William Martel Properties, Inc. (Z-06045) as requested by Don Stueck for William Martel Properties, Inc., under application Z-06045. Public hearing It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to open and continue the public hearing till May 1, 2006, as requested by staff. The motion carried. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. Certificate of Aoorooriateness for demolition of existinl! sinl!le-household structure. which stands as a contributine structure in the South Tracv . South Black Historic District. demolition of existinl! detached garal!e. new construction of sinl!le.household structure and new construction of detached l!araee. with second-floor accessory dwellinl! unit. at 424 South Tracv A venue. as reQuested bv Ben Llovd of Comma-Q Architecture. Inc.. for Georl!e H. Talbot. (Z~06038) This was the time and the place set for the public hearing for the Certificate of Appropriateness for demolition of existing single-household structure, which stands as a contributing structure in the South Tracy - South Black Historic District, demolition of existing detached garage, new construction of 04- 24- 2006 Page 4 single-household structure and new construction of dctached garage, with second-floor accessory dwelling unit, at 424 South Tracy A venue, as requested by Ben Lloyd of Comma-Q Architecture, Inc., for George H. Talbot, under application Z-06038. Public Hearing Mayor Krauss opened the public hearing Planner Bristor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staffs findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She noted that this is in the South Tracy-South Black Historic District. The house is ca. 1900 construction and is a contributing structure in the historic district. The application is before the Commission because of the demolition of a significant structure in a historic district. She mentioned that an engineer has stated that the house has fallen into disrepair. Staff thinks the new structure keeps in tradition with the historic structure while being unique. Ben Lloyd, Comma Q Architecture, stated that he considers himself to be a preservationist, and is on the Historic Preservation Board. He stated that he has been a part of many south side historic renovations, but the condition of this house is an exception to what he usually encounters. The structural engineers report that it has essentially undergone demolition by neglect, because it wasn't maintained properly. He noted that the accessory dwelling unit (ADU) is going to be used as a studio only. He feels this is appropriate for the neighborhood, and doesn't think it will set a precedent for demolition. Responding to Cr. Becker, he stated that the applicant has no problem with the conditions. The following people spoke at the public hearing: Richard Horswell, 412 S. Tracy Paul Schermer, 513 S. Tracy Brian Caldwell, 733 S. Tracy Responding to the public comment, Mr. Lloyd noted that in an historic neighborhood, you need to build a structure of this time and keep an eye on this context. He stated that he doesn't think we need to build a replica of the neighboring homes. Responding to Mayor Krauss, Mr. Lloyd noted that they might try and push the raised foundation down as close as possible to match the neighboring homes. Responding to Cr. Jacobson, Mr. Lloyd noted it's a balancing act to get light into the basement, but they will try to keep it to 3 or 4 steps rather than 4 or 5. Commission Discussion 04-24-2006 . Page 5 Cr. Jacobson noted she took the Horswell's letter very seriously and looked at the houses in the letter. Given a very modern structure that was approved a few weeks ago, that she thought was abominable, it's hard for her to see this as a real modern structure. When she looked at the front of the house, it seems to fit in quite well. She noted that the garage certainly fits the historic character. She stated that overall this is an improvement, if you can bring the height down a little bit. Mayor Krauss noted that he's notorious for voting against ADU s, and he's voted against all but one. He stated that most of the time it's because they are being stuffed onto little lots. This is a large lot, with no variances or deviations, nothing that would cause him to have pause. He stated that it fits in with everything; he has to weight this against the guidelines and it fits. He noted that he will vote yes. Decision It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Certificate of Appropriateness for demolition of existing single-household structure, which stands as a contributing structure in the South Tracy - South Black Historic District, demolition of existing detached garage, new construction of single-household structure and new construction of detached garage, with second-floor accessory dwelling unit, at 424 South Tracy A venue, as requested by Ben Lloyd of Comma-Q Architecture, Inc., for George H. Talbot, under application Z-06038, subject to the following conditions: 1. The applicant shall supply documented proof to the Department of Planning that shows the "living area" of the proposed accessory dwelling unit as not exceeding 600 square feet (where "living area" is defined as all floor area exclusive of areas with a sloped ceiling less than five feet in height, stairwells and exterior decks). 2. Any cracked or broken portions of sidewalk along the street frontage created during demolition and/or new construction shall be replaced. 3. Prior to issuance of any type of Building Permit (including Demolition Permits), the applicant shall provide a color and materials palette to the Department of Planning for final design review and approval by Administrative Design Review Staff. 4. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 6. The applicant shall consider using a concrete material for the portion of the raised foundation that lies underneath the porch. 04- 24- 2006 , Page 6 The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving final approval, including the following: Code Provisions: . Per Section IS.40.030.B, "Accessory Dwelling Units," the occupancy of the accessory dwelling unit does not exceed two persons. . Per Section IS.40.030.B, "Accessory Dwelling Units," no accessory dwelling unit shall be larger than 600 square feet or contain more than a single bedroom. . Per Section IS.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the City Engineer. The applicant 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. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. Break Mayor Krauss declared a break from 7:20 -7:26 p.m. Review of Planninl! Deoartment li'ee Schedule - Resolution 3904 Planning Director Saunders presented the proposed Revised Review Fee Schedule. He noted that this is the result of direction by the Commission. He stated that part of this is covering 100% of the noticing costs, and secondly, to place some additional fees on services that have been rendered but have not been being charged for. He stated that there have been things that the City has chosen to subsidize. They applied the revised fee schedule to the projects that came through in 2005, and that generated a 54% cost-recovery and the effort to go above that will take additional time. The current fee schedule, and the proposed revisions are shown in Attachment B. Responding to Cr. Becker, Mr. Saunders noted that in some cases the amount secured from a security requirement can be in the hundreds of thousands of dollars. He added that there can be an intermediate request to reduce the fee for security release. 04- 24- 2006 . . Page 7 Cr. Becker noted he agrees with the after the fact permit fees, and likes that the fees have been lowered in some cases, in spite of the added advertising. Assistant Director Saunders noted that everything that has been increased is generating cost recovery, and can be increased in the future. He noted that his personal time at the preliminary plat stage has exceeded the cost of the whole review fee. Responding to Cr. Rupp, Mr. Saunders noted that most of those people who fall into the after the fact category are typically single home projects, and Planning Department doesn't want to be overly punitive. Commission Discussion It was moved by Cr. Becker, seconded by Cr. Jacobson, to approved Resolution 3904, the Revised Review Fee Schedule, effective May 1, 2006. The motion carried. Those voting Aye being Crs. Becker, Jacobson, Kirchhoff, Rupp, and Mayor Krauss. Those voting No being none. The Commission directed the City Manager to follow up on the fee schedule. Durston Rd. Payback - Resolution 3908 Project Engineer Sue Stodola presented the staff report. Durston Rd SID was created last December, and set up on a cost-per-square~foot basis, using the area method. This payback includes those properties within the boundaries of the special improvement district, that were not included in the district. The cost per square ft is the exact cost we used before we sold the bonds. Responding to the public comment, she noted, there are 58 properties in the district, one is the lydens property, and will have more than one house on it, so the area method is appropriate when it appears that a large piece of property will be subdivided in the future. The un-annexed properties can choose to annex whenever they want to. There is no guarantee that any or all of these properties will annex, and if they don't annex, they won't be part of the payback agreement. Responding to Cr. Rupp, Ms. Stodola responded that if we assessed by a different method, we would be doing something different than the SID. There have been questions about whether it's possible to assess per household, and that's not an option per state statute. City Manager Kukulski noted that with assessed value method, you remove all non-taxable properties, and when we did the math on that and it was real obvious that when you take out the park, schools, and other public area, the majority of SID payers wind up paying more. The City pays for it's parks, the School District pays for theirs, the State pays for theirs. Of the 4 methods, this is the best that we have with the numbers. 04- 24- 2006 . , Page S Responding to Cr. Becker, Ms. Stodola noted the City will not make money from this. The cost was based on the total project cost. The cost is being funded by city impact fees, etc., and the SID. Responding to Cr. Becker, the Mr. Kukulski responded that these properties have the choice to annex from the beginning, and the County isn't interested in taking part in this improvement. The net effect is that city tax payers are paying today, and if those properties annex in, they will pay in their fair share. Mayor Krauss noted the County has declined to contribute any impact fees for this project. Decision It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt Commission Resolution 390S. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Commerce Park Business Park Minor Subdivision. Pre.aoolication Assistant Planning Director Saunders noted that the Planning Board considered this last Tuesday, and there were a number of specific comments, but most were standard. There was one specific item of concern, one was concerning the industrial, as they will exceed the normal block length and would require variances. Considering the nature of the use, staff feels the uses would be supportable. He noted that the City has been coordinating the Mandeville development with the State development. Planning Board had an abbreviated discussion and passed it with 2 thumbs up, with no additional language. Responding to Mayor Krauss, Mr. Saunders noted there are some small lots, and the state has proposed doing some larger Jots, but they have not explicitly discussed modular lots beyond that. Mr. Saunders noted that Wheat Drive would continue to the City-owned property. With the proposed location of the large lots, there is an east-west street, which would tie into Flora Lane. With the ThinkTank design, Wheat Drive comes up and there is a westerly type of alignment with that. At this point, they did consider the lot and block pattern, but in part due to the industrial nature, the typical lot and block is a 2-3 acre block, which is too small for most large industrial uses. The proposed layout, although larger in scale, is warranted due to the nature of the uses involved, and it will have internal circulation and the large lot is on the western side. Responding to Cr. Becker, Mr. Summerfield noted there are some vendors that have expressed interest and this is tailored to a specific type of manufacturing. Mr. Summerfield noted there is a flood irrigation ditch on Lot 3, and the Preliminary Plat process will plan to abandon the ditch. 04- 24- 2006 ~ . Page 9 Responding to Mayor Krauss, Mr. Saunders noted that light manufacturing covers a lot of ground. M - 2 is large scale rail yards and oil refineries, but with M - I you can manufacture all kinds of things, or offices and limited commercial. Commission Discussion Cr. Rupp welcomed the applicant to the neighborhood and asked that they be a good neighbor and respect our vision for the Mandeville Park. Responding to Cr. Becker, Mr. Summerfield noted these will be 100-year leases. Cr. Becker noted it seems to make more sense to bring in a diversity of industries, if the lots were modular, but if they know who's going to be put on there, it wouldn't matter as much. He noted that he thinks this would help balance the economy and balance the community. Cr. Kirchhoff noted he keeps hearing to encourage modular lots, and he's curious to know if modular would be better. Responding to Mayor Krauss, Mr. Saunders responded that a site plan review would look at access points, screening, stormwater, building placement, and how it relates to the site; having said that, Lot 3 is outside of any overlay, so it would not be subject to the entryway overlay standards. We would not expect to see the same standard as if it were on 19th A venue. Mr. Saunders further responded that we are looking for internal circulation, even though they are private roads: turn radii, spacing between building, parking stall, and all essential standards of the ordinance. Mr. Summerfield noted the original concept was to do 5-acre lots, but the developer was approached for a specific use on the 20-acre lot. Going this way they can provide that lot size to that tenant. Cr. Kirchhoff noted that as long as circulation is ok, and we get the sense of security through the design review process, and if it brings the wealth and keeps the wealth in the city, the we should keep it. Kukulski noted that most business parks have their own set of restrictive covenants, and they aren't interested in seeing some of the weird uses we have heard tonight. Mr. Saunders noted that one of the things is that this parcel of land is part of the school holding, the department is required to generate the most revenue they can from it. They have a legal requirement of self~interest to develop their property in a way that makes sense. He doesn't know if they could impose covenants, but they have agreed to comply with the city's development standards. He also doesn't believe the site at the end of the Idaho Pole site would pass the current standards. Mr. Saunders noted it will be zoned as industrial property, and there are retail properties in proximity that serve those needs. He also added that there is a live water corridor, and part of what will 04-24-2006 ~ . Page 10 occur will be the re-vegetation of that corridor. Over the pcriod of time that it develops, it will put a sizable visual corridor between the two halves. Presentation of the Gallatin County/City of Bozeman Pre-Disaster Hazard Mitil!ation Plan. Jason Shraul!er. Bozeman Fire Department Staff Caotain Jason Shrauger presented the plan. This is also the disaster plan for the other four incorporated cities. He noted it looks at the significant hazards we face in our community, and identifies mitigation measures we can take to minimize the effects of those disasters. Responding to Mayor Krauss, Mr. Shrauger noted that this plan looks at what we can do before an event happens, and to get back to normal and provide day to day services as soon as we can. Mr. Shrauger, noted that since 1999 we haven't done a good job in actually doing table-top exercises or a full scale exercise to see what we face, he'd like to do that. Mr. Kukulski noted the incident command component is important to have the Mayor and City Manager understand their roles properly. Mr. Shrauger also noted that this also allows us to get FEMA grant funding. Mr. Kukulsld noted that it's hard to find the time, but we are prone to earthquakes, and we are prone to fire, and the citizens expect us to be prepared. He added that cities are responsible for how the city manages itself in the first 48-72 hours after an emergency. Mr. Shrauger noted that the plan is scheduled to be reviewed every few years. He noted that the uni versity has contracted to do a plan specific to them, but we will be heavily involved in helping them with the university specific. Continued review of orooosed UDO revisions (bel!inninl! with 232) Saunders presented the following UDO revisions for review. Mr. Saunders noted that Amendment 245, relating to sale of alcohol, is coming forward as a privately initiated amendment. Dan Fillenger, owner of the Outback Steakhouse presented his argument for allowing businesses outside of the Casino District to be allowed to have 20 machines, which is the same number of casino's within the district. This was relating to revisions 232, 233, and 234. UDO revision 232 was not forwarded through the revision process. UDO revision 233 was not forwarded through the revision process. UDO revision 234 was not forwarded through the revision process. 04- 24- 2006 . ~ Page 11 UDO revision 244 was not forwarded through the revision process. Discussion - FYI Items 1. Cr. Kirchhoff noted the Solid Waste Division is losing money overall, and suggested that we look at filling up the current cell at the landfill as well as look at opening the cells that we have be preliminarily approved by the state to open. Susoension of Rules It was moved by Cr. Rupp, seconded by Cr. Becker to suspend the rules to extend the meeting past 10:00 p.m., pursuant to Rule III. A. 2 of the Rules of Procedure. The motion carried. Those voting Aye being Cr. Rupp, Becker, Jacobson, and Kirchhoff. Those voting No being Mayor Krauss. Discussion - FYI Items ( cont) 2. Cr. Jacobson noted we should look at the idea of franchising with Bresnan, in regards to the meetings being televised. She suggested that there are many other uses for which we could use the channel, including Planning Board meetings and educating the public. (2) At the BID meeting, they decided they don't have $50,000 for a master plan, and didn't want an outside consultant's plan, so they decided to have a facilitated meeting that would include downtown business owners, architects, planners, and developers, and the idea would be for these people to come up with how we can attract more business downtown. 3. Cr. Becker asked about the 5th Monday meeting, and the Commission decided they will not be meeting on May 29th.. 4. Cr. Rupp reported that Cr. Jacobson and himself met with the Library Board of Trustees, and the Library Foundation Board, and looked at where they are and how the City might be able to help. The Board of Trustees will start looking at what will be their central core campus for expansion. (2) He asked about the zoning district that we will be reviewing and Mr. Epple noted it's an amendment to the UDO and it has to go through the normal UDO process. Cr. Becker left the meeting at 10:52 p.m. 5. Director Rosenberry noted the public is finding the new website, and we are hoping to do a press release in the coming weeks. (2) She noted the new cemetery fees will be coming, and the funeral homes will be wanting a 45 day waiting period. (3) She noted that the CIP documents will be coming before the Commission in the near future. 04-24-2006 !> ~ Page 12 6. City Manager Kukulski asked the Commission for direction on whether we want to completely rewrite the 2020 plan or just do a small update. The Commission asked staff to present the options for their consideration in the future. (2) He noted that we are struggling with retaining employees. (3) City Clerk interviews will be held on Thursday, there is a good pool there with experience in and out of state. (4)He noted that some kind of local option tax has to be an option if we want to make progress with some of these funding issues. 7. Mr. Epple noted that Wednesday the new Planner 2 arrives, Brian Krueger, and the two new secretaries are onboard and getting trained. 8. Mr. Saunders noted the City has been recruiting consultants for impact fees and we got a letter from Southwest Builders. He passed out our response to that letter for the FYI. 9. Mr. Brey expressed a concern for the Commission handling of the BID downtown. He noted that we need to keep them at arms length, because The IDB stuff is eligible for funds. The BID is a self-assessment group and has to be self supporting; it's a mini chamber of commerce. (2) He discouraged the Commission from looking at the general fund programs and all that has to go in and then get allocated back across the board. 10. JP Pomnichowski noted the Commission will see an email asking planning staff to consider looking at independent sewer systems. (2) She thinks the Planning Board being televised would be great. Adjournment There being no Commission objections, Mayor Krauss adjourned the meeting at 11: 16 p.m. ~- /(~& / - ATTEST: Jeffr . ss,1v1ayo j) //? iLL Devin M. Harbour, Acting City Clerk Approved 1L_ . Ii: O'uv'\ e. 5 )tJ Db t' 04- 24- 2006