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Home My WebLink About2006-07-10 Minutes, City Commission 1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 10, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, July 10,2006, at 6:00 p.m. Present were Mayor Pro Tem Kaaren Jacobson, Cr. Jeff Rupp, Cr. Sean Becker, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Finance Anna Rosenberry, Director of Public Safety - Fire SerVIces Chuck Winn, Director of Public Safety - Police Services Mark Tymrak, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:08:22 A. Call to Order - 6:00 p.m. - Gallatin County Courthouse, 311 West Main Street At 6:00 PM Mayor Pro Tem Jacobson called the meeting to order. 0:08:32 B. Pledge of Allegiance and Moment of SIlence 0:09:26 C. Public Service Announcement Lt. Rich McLean of the Bozeman Police Department reminded the puhlic of the construction zones especially on N. 19th. AdditIOnally, he reminded the public of the posted speed limits. 0: 11 :22 D. Authorize Absence of Mayor Krauss 0: 11 :28 Motion and Vote to authorize the absence of Mayor Kraus,,!. It was moved bv Cr. Becker, seconded bv Cr. Rupp, to authorize the absence of Mayor Krauss. Those votinl! Ave beinl! Crs. Becker. Rupp, Kirchhoff and Mavor Pro Tem Jacobson. Those votinl! No beinl! none. The motion carried. 0: 11 :42 E. Minutes - May 15 0: 11 :52 Motion and Vote to approve the minutes for May 15, 2006 as submitted. It was moved bv Cr. Rupp, seconded bv Cr. Kirchhoff, to approve the minutes for May 15, 2006 as submitted. Those votinl! Aye beinl! Crs. Rupp, Kirchhoff, Becker and Mavor Pro Tem Jacobson. Those votinl! No beinl! none. The motion carried. 0: 12:33 F. Consent Items 1. Authorize payment of claims (LeMeres) 2. Authorize City Manager to sign Amendment No.2 to the Professional Services Agreement for 2 Stonnwater Facility Plan (Murray) 3. Authorize City Manager to sign Gallatin Center Lot 11, Public Water Line Easement (Murray) 4. Authorize Building Superintendent to sign Custodial Contract for City Owned Buildings (Goehrung) 5. Approve Flanders Creek Pinal Plat (Skelton) 6. Authorize City Manager to sign Grant of Eascment, Abclin Estatc Rentals (Kerr) 7. Authorize City Manager to sign Release and Reconveyance of Easements for Gallatin Center Lot 12. (Murray) 8. Authorize City Manager to sign Sanitary Sewer and Water Pipeline and Access Easement for Extensions at Pehhle Brook Condominiums. (Murray) 0: 12:56 G. Public Comment - Consent Items Mayor Pro 'rem Jacobson called for public comment. No person commented. 0: 13:09 Motion and Vote to approve consent items 1 ~ 8 as listed above. It was moved bv Cr. Kirchhoff, seconded bv Cr. Becker, to approve consent items 1 - 8 as listed above. Those votinl! Ave beinl! Crs. Kirchhoff, Becker. Rupp and Mavor Pro Tem Jacobson. Those votinl! No beinl! none The motion carried. 0: 13:32 Public Comment Mayor Pro 'rem Jacobson called for public comment. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. 0: 13:48 Public Comment - Ileana Indreland Ileana Indreland resides at 921 South 3rd A venue. She noted that the Commission appointment to the BID hoard usually goes through the BID who suggests candidate(s) to the Commission. 0: 15:32 H. Public Hearings- 0: 15:35 1. Shute Residence Renovations, Conditional Use Permit/Certificatc of Appropriateness/Deviations at the residence located at 603 South Willson A venue, Zoning Application #Z-06111 (Bristor) 0: 16: 12 Clarification request regarding Board notifications - Commissioner Kirchhoff 0: 16:45 Clarification ~ City Clerk 0: 17:49 Clarification - Mr. Kukulski 0:20:46 Clarification - Mayor Pro Tem Jacobson 0:21: 11 Staff Report Planning Director Andy Epple stated that the applicant was not present and suggested opening and continuing the hearing to July 24, 2006. 3 0:22:59 Motion and Vote to open and continue, until later in the evening, the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson A venue, Zoning Application #Z-06111. It was moved bv Cr. Becker, seconded by Cr. Rupp, to open and continue, until later in the evenine:, the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson A venue, Zonine: Application #Z-0611 1. Those votinl! Aye beinl! Cr. Becker, Rupp, Kirchhoff and Mayor Pro Tem Jacobson. Those votine: No beine: none. The motion carried. 0:23:48 1. Action Items 0:23:49 1. Appoint new member to the Downtown Business Improvement District Board (BID) 0:23:59 Public Comment Mayor Pro Tem Jacobson called for puhlic comment. 0:24: 11 Public Comment. David Losesff David Losesff resides at 105 West Main Street and is a member of the BID Board. He voice support for a reappointment of Mike Hope to the BID Board. 0:27: 18 Public Comment - Ileana Indreland Ileana Indrcland resides at 921 South 3rd Avenue and supported Mike Hope for reappointment as well as concern for the process of the reappointment. She noted that involvement of the Property owners in the Downtown is critical. 0:37:27 Motion by Commissioner Rupp to appoint Mike Hope to the BID Board It was moved bv Cr. Rupp to appoint Mike Hope to the BID Board. 0:38:30 Second to Cr. Rupp's Motion to re-appoint Mike Hope to the BID Board Cr. Kirchhoff and Cr. Becker passed on the second. Cr. Rupp's motion to appoint Mike Hope to the BID Board fails for want of a second. 0:38:52 Motion by Commissioner Kirchhoff to appoint Eric Bowman to the BID Board It was moved hy Cr. Kirchhoff, seconded by Cr. Becker, to appoint Eric Bowman to the BID Board. 0:43:28 Vote on appointment of Eric Bowman to the BID Board 4 rIt was moved bv Cr. Kirchhoff, seconded bv Cr. Becker, to appoint Eric Bowman to the BID Board. ] Those votinl! Ave beinl! Crs. Kirchhoff, Becker, Rupp and Mavor Pro Tern Jacobson. Those votine: No beinl! none. The motion carried. 0:43:43 J. Work Session 0:44:49 1. 911 Mil Levy Update 0:44:58 Mr. Kukulski City Manager Chris Kukulski introduced the 911 Mil Levy update. He noted that Director of Public Safety - Police Services Mark Tymrak, Director of Public Safety - Fire Services Chuck Winn and 911 Director Ben Hess are availah1e to participate in the discussion. 1:16:322. Water facilities plan (discussion continued from June 12,2006 ) 1: 17:22 Engineer Bob Murray Engineer Bob Murray introduced Scott Smith of Allied Engineering, who presented a concise report and recommendations of theW ater Facilities Plan. 2:14:043. City Hall/Police Department Facilities Update (Pertzborn) 2:14:07 Mr. Kukulski Mr. Kuku1ski briefly introduced the Work Session topic City Hall/Police Department Facilities Update. 2: 17:30 Rob Pertzborn Rob Pertzborn of Intrinsic Architecture presented the City HallIPolice Department Facilities progress report. 3: 19:00 Public Comment 3:19:56 Mayor Pro TeITI Jacobson called for Public Comment 3:20: 18 Public Comment - Thomas Mosser Thomas Mosser resides at 120 West Main Street. He provided suggestions for renovating the Emerson Cultural Center and Willson School. 3:27:25 Break Mayor Pro Tern Jacobson called a 5 minute break. 3:44:39 H. Public Hearing 3:44:42 1. Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 (Bristor) 5 3:44:43 Staff Report Planning Dircctor Andy Epple presented the staff report. 4:01: 10 Applicant The applicant, Lea Shute, appcared on her own behalf. 4:09:29 Questions for Applicant 4:09:35 Motion and Vote to suspend the rules and continue the meeting It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to extend the meetinl! past 10 PM. Those votinl! Aye beinl! Crs. Kirchhoff, Rupp and Mayor Pro Tem Jacobson. Those votinl! No beinl! Cr. Becker. The motion carried. 4: 14:35 Public Comment Mayor Pro Tcm Jacobson called for public comment. No pcrson commented. 4: 15: 16 Motion to approve Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson A venue, Zoning Application #Z-06111 (Bristor) It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson A venue, Zoninl! Application #Z-06 t t t as conditioned bv staff with one chanl!e of Condition 13, second sentence, add the phrase; "if reQuired by code" . Conditions: 1. The proposed accessory structure shall decrease to 600 SQuare feet or less in buildinl! footprint. 2. The proposed acceSsory structure shall supply a six foot rear yard setback off the allev. 3. Prior to Final Site Plan approval, the applicant shall submit a modified site plan and elevations of the accessory structure to the Department of Planninl! that shows a 600-sQuare foot (or less) buildinl! footprint, a six foot rear yard setback off the alley and the correct dimensions for the site vision trianl!le at the Willson A venue intersection. 4. The proposed accessory dwellinl! unit above the l!aral!e shall not serve as a vacation rental at anytime. 6 5. Prior to Final Site Plan approval, the property owner shall create a bindinl! deed restriction or covenant for the accessory structure, that enforces sinl!le rental restriction as described in Section 18.40.030.A, "Accessorv Dwellinl! Units," of the Bozeman Unified Development Ordinance. Said deed restriction or covenant shall be recorded with the County Clerk and Recorder's Office bv the property owner prior to Final Site Plan approval. 6. Prior to Final Site Plan approval, the applicant shall provide a landscape plan depictinl! both existinl! and proposed landscapinl! on the subject site, for final review bv Administrative Desil!n Review Staff. 7. Prior to Final Site Plan approval, the applicant shall provide a color palette and sample materials board, for final desil!n review and approval by Administrative Desil!n Review Staff. 8. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawinl!s shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval bv the Department of Planninl! prior to undertakinl! said modifications. 9. The Final Site Plan shall be adequately dimensioned and a lel!end of allline-tvpes and symbols utilized provided. 10. Label and dimension any existinl! and proposed easements and ril!ht-of-way on and adjacent to the proiect site. Distinl!uish between proposed and existinl! easements. 11. The sizes and locations of all public utility mains and services adjacent to the project site shall be properly depicted and labeled, as well as nearby fire hvdnmts. Distinl!uish between proposed and existinl! mains and services. 12. Sewer and water services shall be shown on the Final Site Plan and approved bv the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed bv the applicant. 13. A city standard residential drive approach shall be constructed. The approach shall tie into the existinl! allev approach apron and sidewalk immediately adjacent. A construction detail shall be provided with the Final Site Plan in accordance with standard drawinl! No. 02529.11 if required by code. 14. Cracked or damal!ed sidewalk panels adiacent to site property lines shall be replaced with new sidewalk in the standard location (i.e. l' off property line). 15. An encroachment permit shall be obtained from the Enl!ineerinl! Department prior to storinl! any construction related materials and/or refuse in a public street ril!ht-of- way. 7 16. The applicant shall submit a construction route map dictatine how materials and heavy eQuipment will travel to and from the site in accordance with section 18.74.020.A.l uno. This shall be submitted as part of the Final Site Plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 17. All construction activities shall comply with section 18.74.020.A.2 uno. This shall include routine cleanin2lsweepinl! of material that is dral!l!ed to adiacent streets. The City may reQuire a !!uarantee as allowed for under this section at any time durin!! the construction to ensure damal!es or cleaninl! that are reQuired are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 4:32:22 Withdrawal ofmotioll - Commissioner Becker Cr. Becker withdrew his motion and Cr. Rupp withdrew his second, to approve the Shute Residence Renovations, Conditional Use PermiUCertificate of AppropriatenesslDeviations at the residence located at 603 South Willson A venue, Zonine Application #Z-06111 as conditioned by staff with one chanee of Condition 13, second sentence, add the phrase; "if reQuired by code" (see conditions above). 4:32:41 Motion - Commissioner Becker It was moved bv Cr. Becker to approve [to approve the Shute Residence Renovationslas conditioned by staff except for the AnD component. 4:43:34 Mayor Pro Tem Jacobson requested a postponement of the vote. 4:45:27 Substitute Motion - Commissioner Rupp It was moved bv Cr. Rupp to eran! evervthinl! reQuested in the application with the chanee in the condition that Cr. Becker referenced [as conditioned bv staff with one chan!!e of Condition 13, second sentence, add the phrase; "if reQuired by code"] but not allow the CUP; an accessory dwellinl! unit (see conditions above). 4:46: 18 Second to Commissioner Rupp's Motion It was moved by Cr. Rupp, seconded bv Cr. Kirchhoff, to erant evervthinl! reQuested in the application with the chanee in the condition that Cr. Becker referenced [as conditioned by staff with one chanl!e of Condition 13, second sentence, add the phrase; "if reQuired by code"l but not allow the CUP; an accessory dwellinl! unit (see conditions above). 4:46:22 Mr. Kukulski - Clarification 8 Mr. Kukulski noted that hefore the substitute motion could be voted upon Mayor Pro Tem Jacobson should withdraw her postponement request so that thc votc may occur as per the Commission's rules of procedure. 4:46:43 Mayor Pro Tern Jacohson requested a re-read of the motion 4:46:55 Clerk's re-read of Commissioner Rupp's substitute motion: It was moved hy Cr. Rupp to grant everything requested in the application with the change in the condition that Cr. Becker referenced [as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if rcquired by code"] but not allow the CUP; an accessory dwelling unit (see conditions abovc). 4:47:00 Mayor Pro Tem Jacobson withdrew her request for postponement. 4:47:38 Vote 011 Commissioner Rupp's substitute motion [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to l!rant everythinl! requested in the application with the chanl!e in the condition that Cr. Becker referenced [as conditioned by staff' with one cham~e of Condition 13, second sentence, add the phrase: "if reQuired by code"l but not allow the CUP; an accessory dwellinl! unit. (see conditions above)] Those volin!! Aye beinl! Crs. Rupp and Mavor Pro Tem Jacobson Those volinl! No beinl! Crs. Kirchhoff and Becker. The vote resulted in a 2 - 2 tie. After reviewinl! the minutes of this meetinl! the Mayor, who was absent, will cast a tie- breakinl! vote on the motion above. The Mayor's vote will be cast on July 24, 2006. 4:48:28 K. Non-Action Itcms 4:48:31 ]. Allison Major Subdivision, Phase III, Pre-application Plan Revicw (Skelton) 4:49: 10 Staff Report Planning Director Andy Epplc presented the staff report. 4:57:38 Applicant Mr. Ray Center of Rocky Mountain Engineers appeared for the applicant. 5:27:05 Public Comment Mayor Pro Tem Jacobson called for puhlic comment. No person commented. 5:27:41 2. FYI/Discussion 5:27:49 FYI - Mr. Kukulski Mr. Kukulski statcd that Mayor Krauss questioned whether the recent arson and increased graffiti are related to gang activity and re-emphasized that public safety is a top concern. Additionally, Mr. Kukulski thanked cemetery crews. For Director of Public Works Debbie Arkell, Mr. Kukulski notcd that 200 years ago on this Friday July 14, William Clark floated through the area and a 9 bicentennial celebration is scheduled for the Museum of the Rockies. Finally, Mr. Kukulski stated that a facilitator is available for August 4th 2006. 5:32:04 FYI - City Clerk Mr. Fontenot noted a change in venue for August 24th. The meeting will he held at City Hall. Also, Mr. Fontenot noted that draft agendas are available on the web. 5:32:53 FYI - Commissioner Becker Commissioner Beckcr stated that he will be absent from the Commission meeting on August 14, 2006. Also, Commissioner Becker stated that the fircworks issue should be addressed. He stated that he would like to be kept informed of both the arson and murder case and what affect this will have on the ride-along policy. 5:34:23 FYI- Mayor Pro Tern Jacobson Mayor Pro Tern Jacobson stated that MSU faculty and staff could be used much more than is currently done. This could be a money saving measurc and additionally, it would keep funds in thc community. Also, she stated that a BID member suggested that the Commission should direct the BID to draft bylaws and a three year workp1an. 5:39:00 FYI - Commissioner Kirchhoff Cr. Kirchhoff stated that on July 31, 2006 the Helena City Commission will consider adopting a Resolution urging the immediate and total withdrawal of American troops from Iraq. He suggested a similar policy discussion in the City of Bozeman. Finally, he stated that many Cities and States around the country are adopting the Kyoto Protocol and attempting to conduct business within this framework. 5:40:52 L. Adjournment At ] I :40 PM, Mayor Pro Tern Jacobson adjourned 7~ Kaaren Jacobson, Mayor Pr~em ATTEST: ?-.. - C~I 0.-......... --- ~.. ..~ f \ ...- .... -- ~-./.A.../'. .~~ Brit Fontenot, City Clerk PREPARED BY: .J'"r ~ ~,- o Q v2 ( g \ tJoS uo pOAOJddV ............--- \ )[.T8II,J A1D '10U81UOd l!.lH Cvrrvv~ ~ r-)=~ 01