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Home My WebLink About2004-10-04 THE CITY OF B 0 Z E MAN, MONTANA COMMISSION MEETING AGENDA October 4, 2004 A. Call to Order - 7:00 p.m. B. Pledge of Allegiance and Moment of Silence C. Minutes - September 27 and September 27 work session, 2004 D. Consent Items - 1. Commission Resolution No. 3729 - intent to create Special Improvement Lighting District (SILO) No. 681 - Alder Creek Subdivision, Phases 1 and 2; set public hearing for November 1,2004 2. Commission Resolution No. 3730 - intent to create Special Improvement Lighting District (SILO) No. 682 - Laurel Glen Subdivision, Phase 1; set public hearing for Novem ber 1, 2004 3. Commission Resolution No. 3731 - establishing rates for water charges, effective on the November 1,2004 billing 4. Commission Resolution No. 3732 - establishing rates for wastewater (sewer) charges, effective on the November 1, 2004 billing 5. Commission Resolution No. 3733 - levying and assessing special assessments for business improvement district for Fiscal Year 2005; provisionally adopt and set public hearing for October 18, 2004 6. Approve setting of interest rate for internal loan for 2003 Sidewalk Program at 2.5 percent 7. Commission Resolution No. 3734 -levying and assessing special assessments for the 2003 Sidewalk Program 8. Authorize Mayor to sign - Amendment NO.1 to Section 7 of the Agreement between the City of Bozeman and City Manager Kukulski, dated June 28, 2004 9. Authorize Mayor to sign - Findings of Fact and Order for Foxtail Subdivision - resubdivide :1:1.48 acres to allow 8 of 10 existing lots to be subdivided and realigned into 12 single-household lots, for a total of 14 single-family lots (lying along both sides of Foxtail Avenue immediately south of Catron Street) 10. Authorize City Manager to sign - Lease with Jill Miller for the house at the Water Treatment Plant, 7022 Sourdough Canyon Road 11. Authorize City Manager to sign - Acceptance of Public Access Easement from Binh Ly - strip across Lot 1, Block 2, Cattail Creek Subdivision, Phase I (northeast corner of intersection of Catron Street and Warbler Way) 12. Authorize City Manager to sign - Acceptance of Water Pipeline and Access Easement and Agreement from Binh Ly - 20 to 30-foot-wide strip across Lot 1, Block 2, Cattail Creek Subdivision, Phase I (northeast corner of intersection of Catron Street and Warbler Way) 13. Claims Motion and vote to approve, and authorize and direct the appropriate persons to complete the necessary actions E. Public comment Limited to any public matter within the jurisdiction of the City Commission not on this agenda; 3-minute time limit per speaker City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Ron Brey, at 582-2306 (TOO 582-2301). Page 1 of 4 --...---.--.-- - ..... -.---...--.- F. Public Hearings - Please state name and address in an audible tone of voice for the record 1. Continued - Conditional Use Permit with Certificate of Appropriateness to allow re-use of existing building as a restaurant serving beer and wine for on-premise consumption, construction of a 359-square-foot addition, and construction of a 900-square-foot outdoor patio area, with deviations - Taylor Hanson Kane Architects representing Andy Hassanali for Yvonne Arrington (Tsavo Cafe, 622 West Mendenhall Street) (Z-04186) (Susan Kozub) (Previously Item 7.K. on September 7 agenda) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 2. Continued - Conditional Use Permit with Certificate of Appropriateness - allow demolition of existing building and construction of 1, 750-square-foot lounge for on-site sale and consumption of alcohol and gaming - Gaston Engineering for Bozeman Holdings, LLC (Magic Diamond Too, 2625 West Main Street) (Z-04209) (Jami Morris) (Previously Item F.2. on September 27 agenda) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 3. Annexation of 85.3463 acres described as Tract 1-A, Tract 3-A and Tract 4-A, cas No. 2153;Tract A, cas No. 939, and Tracts 1 and 3, cas No. 1723 (Mandeville Farm) and approximately 130 acres ot Burlington Northern Railroad right-ot-way extending from the crossing at Interstate 90 and North Rouse Avenue to a point south ot the intersection of Moss Bridge Road and Frontage Road (A-04013) (Chris Saunders) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 4. Zone Map Amendment - establish initial municipal zoning designation ot "M-2", Manufacturing and Industrial District, on 215 acres described as Tract 1-A, Tract 3-A and Tract 4-A, cas No. 2153;Tract A, cas No. 939, and Tracts 1 and 3, cas No. 1723 (Mandeville Farm); and the Burlington Northern Railroad right-ot-way extending from the crossing at Interstate 90 and North Rouse Avenue to a point south ot the intersection of Moss Bridge Road and Frontage Road (Z-04222) (Chris Saunders) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing Page 2 of 4 b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 5. Request for modification of Condition NO.9 for approval of the preliminary plat for Laurel Glen Subdivision, Phases I-IV, which requires improvements to Durston Road prior to filing of the final plat for Laurel Glen Subdivision, Phases II-IV (north side of Durston Road, approximately % mile west of its intersection with Cottonwood Road) (P-02012A) (Dave Skelton) a. Public hearing Open pUblic hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissionerdiscussion/comments; motion and vote (to or not to approve) 6. Certificate of Appropriateness to allow replacement and reconstruction of existing uncovered deck in northeast corner of property and replacement and reconstruction of existing 4-foot and 6-foot-high fence along east and north property lines, with deviations to allow detached uncovered deck to encroach 12.6 feet into the required 20-foot rear yard setback and 5 feet into the required 5-foot side yard setback - Barbara M. Lee, 222 South Tracy Avenue (Z-04231) (Allyson Bristor) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) G. Commission Action Items 1. Authorize City Manager to sign - Agreement between the City and Yellowstone Management/C'mon Inn, Fisher Development/Country Inn and Suites, Arrowhead Development LLC/Outback Steakhouse, Gallatin Center LP, SANDAN LLC, Cape-France Enterprises, and Cattail Lake LLC for the Valley Center Road/North 19th Avenue SIDs; contingent upon execution of agreement by all other parties Listen to staff presentation; receive public comment; discussion; motion and vote (to or not to authorize signature) 2. Request from Accessible Space, Inc. (ASI) for $16,150 forgivable loan for the 18-unit project behind Bridger Peaks Town Center for very low-income persons Listen to staff presentation; receive public comment; discussion; motion and vote (to or not to approve) 3. Designation of voting delegate at the Montana League of Cities and Towns Convention Motion and vote to select delegate 4. Discussion - request from Downtown Bozeman Partnership for urgency ordinance prohibiting professional offices on the ground floor in the downtown core along Main Street Discussion; motion and vote to direct staff (to or not to prepare urgency ordinance) Page 3 of 4 H, Commission Discussion/Non~Action Items 1, Discussion - FYI Items - Updates from City Manager and other staff members - Updates from Commissioners I. Adjournment Motion and vote to adjourn Page 4 of 4 - ---.--.----