HomeMy WebLinkAbout2006-11-13 Minutes, City Commission
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 13,2006
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, November 13,2006, at 6:00 p.m.
Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson,
Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey,
Director of Public Services Debbie Arkell, Planning Director Andy Epple, City Attorney
Paul Luwe, and Deputy City Clerk Stuart John Bernard.
0:24: 19 [17:36:07] A. Call to Order - 6:00 PM - Community Room, Gallatin County
Courthouse, 311 West Main
Mayor Krauss called the meeting to order at 6:06 PM.
0:24:21 [17:36:09] B. Pledge of Allegiance and Moment of Silence
0:25: 10 [17:36:24] Changes to Agenda
The location had to be changed due to an asbestos issue at the County Building
0:25:54 [17:36:43] C. Public Service Announcement
0:26:29 [17:42:05] 2006 Beautification Awards
Associate Planner Susan Kozub presented the 2006 Beautification Awards.
0:31:35 [17:42:49] D. Consent
1. Authorize payment of claims (LaMeres)
2. Approve professional services agreement with HDR for update to the Fire Impact Fee
(Saunders)
3. Authorize amendment to contract with HDR to revise indemnification language
(Saunders)
4. Approve Mengel Annexation #A-06oo9 (Skelton)
5. Ratify City Manager's Signature on Montana Department of Commerce - Big Sky
Economic Development Trust Fund, Management Plan, with Gallatin Development
Corporation (Rosenberry)
6. Authorize Mayor to sign a letter supporting the Streamline "bussel back" style busses
(Fontenot)
7. Authorize City Manager to sign Public Access Easement for Baxter Springs Condos
(Johnson)
8. Provisionally Adopt Ordinance 1683 amending the City Acquisition Rules (Kukulski)
9. Provisionally Adopt Ordinance 1682 Revising Building Fees (Poulsen)
10. Adopt Resolution 3980 Clarifying the ownership of a right-of-way (Bernard)
0:32: 17 [17:43:40] Motion -It was moved by Cr. Becker, seconded by Cr. Rupp, to
approve Consent items 1 - 10 as listed.
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0:33:25 [17:44:33] Questions for Staff - Rupp
0:34:26 [17:47:37] Vote - to approve Consent items 1-10 as listed.
Those votimz Ave hein!! ers. Becker. Ruoo. Kirchhoff. Jacohson and Mavor Krauss.
Those votin! No hein! none.
The motion carried.
0:34:41 [18:04:51] E. Public Comment
Mayor Krauss called for Public Comment. This was the time for individuals to comment
on matters falling within the purview of the Bozeman City Commission.
0:35:13 [18:04:52] Public Comment- Brianne Barber
Brianne Barber of 308 S 5th Ave. a student, talked about global warming, and proposed a
project from Burlington, VT to reduce energy by 10%. 1000rcentchallenge.org
0:38:27 [18:05:58] Discussion - Becker
0:39:51 [18:06:27] Public Comment - Debbie Pendland
Debbie Pendland of 429 E. Story spoke in favor of the parking lot at Burke Park and
spoke in favor of sidewalk.
0:42:51 [18:13:00] F. Action Items
0:42:54 [18:14: 10] 1. Mengel Zone Map Amendment #Z-06192 (Skelton)
0:43:18 [18:15:05] Staff Report
Senior Planner Dave Skelton presented the Staff Report
0:54:20 [18:15:24] Applicant
Dab Dabney spoke for the Applicant.
0:54:50 [18: 15:59] Public Comment - Janet Swenson
Janet Swenson of 4959 Swenson Rd spoke against the zoning designation of the Mengel
Zone Map Amendment.
1:02:00 [18:19:58] Public Comment - Bob Swenson
Bob Swenson of 4959 Durston Rd understands expansion in the city happens, but feels
that the annexations will make some unhappy.
1:12:06 [18:23:46] Applicant
Dan Derby spoke of the future plans for the parcel.
1:13:42 [18:24:11] Motion -It was moved by Cr. Rupp, seconded by Cr. Jacobson, to
approve the Mengel Zone Map Amendment application for an initial municipal R-1
zoning designation based on the recommendations outlined in the staff report and
Zoning Commission Resolution #Z-06192.
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. 1:15:35 [18:43:13] Vote - to approve the Mengel Zone Map Amendment application
for an initial municipal R-l zoning designation based on the recommendations
outlined in the staff report and Zoning Commission Resolution #Z-06192.
Those votine: Aye beine ers. Rupp. Jacobson.
Those votine: No helm! Crs. Becker. Kirchhoff. and Mavor Krauss.
The motion failed.
1: 16: 18 [18:46:07] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to approve the Mengel Zone Map Amendment application for an initial
municipal R-2 zoning designation based on the recommendations outlined in the staff
report and Zoning Commission Resolution #Z-06192.
Those votine Aye beinll Cn. Becker. Kirchhoff. and Mayor Krauss.
Those votinl! No helnll Crs. Ruup. Jacobson.
The motion carried.
1: 18:56 [18:48: 11] 2. Senior Citizens Advisory Board Appointments (Bernard)
1: 19:54 [18:49:53] Motion - It was moved by Cr. Jacobson to appoint Ken Tiahrt,
Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board.
1 :22:02 [21 :38:34] Second. It was seconded by Cr. Rupp, to appoint Ken Tiahrt,
Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board.
1:23:18 [21:42:06] Vote - to appoint Ken Tiahrt, Robert Seltzer, and Sheila Velazquez
to the Senior Citizens Advisory Board.
Those votine Aye heinll en. Becker. Rupp. Kirchhoff. Jacobson and Mayor Krauss.
Those votinl! No belnll none.
The motion carried.
1:23:39 [18:55:16] 3. Mandeville Farm Tax Increment Financing Industrial District-
PUBLIC HEARING (Kukulski)
1 :23:46 [18:55:47] Staff Report
City Manager Chris Kukulski presented the staff report.
1:29:49 [18:56:07] Public Comment
There was no public comment
1:30:09 [18:57:09] Questions for Staff - Becker
1 :31 :26 [18:57:53] Craig Campbell Manager Bozeman Unit DNRC
1:33:27 [19:00:08] Discussion - Krauss
1:37:57 [21:42:22] Staff - Deputy City Clerk Stuart John Bernard
1 :38:21 [19:00:42] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Rupp, to approve the Mandeville Farm Tax Increment Financing Industrial District.
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Those votinl! Ave being ers. Becker. RutJP. Kirchhoff. Jacobson and Mayor Krauss.
Those votine No beln! none.
The motion carried.
1:38:37 [19:01:36] Motion and Vote .It was moved by Cr. Becker, seconded by Cr.
Rupp, to provisionally adopt Ordinance 1684 Creating the Mandeville Farm Tax
Increment Financing Industrial District (TIFID) as amended to change a date in the
resolution.
Those voting Aye beinl! Crs. Becker. Ruoo. Kirchhoff. Jacohson and Mavor Krauss.
Those votlne: No beinl! none.
The motion carried.
1:39:19 [19:03:05] 4. North 7th Urban Renewal Plan - PUBLIC HEARING (Brey)
1 :39:32 [19:04:44] Staff Report
Assistant City Manager Ron Brey presented the staff report
1 :58: 17 [19:05:22] Public Comment. Bernie Jones
Bernie Jones of Darigold spoke for the North 7th Urban Renewal District, but mentioned
disinterest in one of the proposed roads that would go thru their building.
1:59:32 [19:05:25] Public Comment - Mike Hope
Mike Hope of 2215 Arrowleaf Hills Drive supports the plan and thanked Ron Brey for all
his work.
2:00:22 [19: 11 :40] Public Comment. Ben
Ben (last name unintelligible) of 621 N Bozeman spoke in favor of alternative forms of
transportation in the plan.
2:20:15 [19:41:58] Motion and Vote -It was moved by Cr. Rupp, seconded by Cr.
Kirchoff, to approve the North 7th Urban Renewal Plan.
Those votiDfZ Aye being ers. Becker. Ruoo. Kirchhoff. Jacohson and Mayor Krauss.
Those voting No beimz none.
The motion carried.
2:20:31 [19:42:51] Motion and Vote -It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to provisionally adopt Ordinance 1685 Adopting an Urban Renewal Plan
for the North Seventh A venue corridor and adjacent properties.
Those votin2 Aye being Crs. Becker. Rupp. Kirchhoff. Jacohson and Mayor Krauss.
Those votlne: No beine none.
The motion carried.
2:20:58 [19:43:51] Break
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2:41:48 [19:47:2.1J 5.3303 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #Z-06242 - PUBLIC HEARING (Knight)
2:42:06 [19:49:35] Staff Report
Assistant Planner Martin Knight presented the staff report for 3303, 3332, and 3366 Sora
Way
2:52:32 [20:03:53] Motion -It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson,
to approve Application No. Z-06242 with the conditions of approval as outlined in the
Staff Report.
2:54:01 [20:25:23] Vote - to approve Application No. Z-06242 with the conditions of
approval as outlined in the Staff Report.
Those voline Ave beine Crs. Becker. KJrchhofT. and Jacobson
Those votine No beine: ers. Rupp and Mavor Krauss
The motion carried.
Conditions of Approval:
Plannin2:
1. Parkine shall be provided for all uses In accordance with UDO Section 18.46
"Parkin2'." Parkin2 for accessory dwellinl! units mav not orovided on-street. A 26.
foot setback is required for a earaee with stacked parkln2 ofT an allev.
2. Accessorv structures 2reater than 600 square feet shall not be located in any
required front. rear. or side yard.
3. Accessorv structures may not OCCUpy more than 20 percent of the area of the lot
located to the rear of the orinclpal buUdinl!. Lot covera2e calculations shall be
included on the site plan for Final Site Plan submittal.
4. Evidence that the propOsed develooment (s) have been reviewed and aporoyed hy
the Cattail Creek Desi2n Review Authoritv shall be submitted prior to Final Site
Plan submittal.
5. Landscapine standards. per uno Section 18.48 "Landscapln2." shall he
provided.
6. Any utility lines and easements shall be accurately deolcted on the Final Site Plan
and Landscape plan. PrOpOSed extensions and additions shall be labeled
"propOsed."
7. The orooosed protect shall he comoleted as approved and c;onditloned in the
Conditional Use Permit and Variante applications. Anv modifications to the
suhmitted and approved apollcatlon materials shall invalidate the project's
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legitimacy. unless the aoolicant submits the proposed modifications for review and
aporoval by the Deoartment of Plannine prior to undertakin2 said modifications.
8. The aoplicant shall comply with all applicable Buildin2lElectricalJPlumbim!
codes. and permits shall be obtained as required bv the Buildin2 Division orior to
commencement of any tenant imorovements.
Ensdneerine::
1. A dedicated sewer service shall be orovided for the accessorv dwellimz unit.
2. Sidewalk shall he deoicted and installed in the standard location across the lot
fronta2e (I.e. l' off propertv) and shall not be installed in the street houlevard.
2:54:15 [20:25:28] 6. 3332 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #Z-06243 - PUBLIC HEARING (Knight)
2:54:20 [20:29:04] Motion and Vote - It was moved by Cr. Jacobson, seconded by Cr.
Becker, to approve Application No. Z.06243 with the conditions of approval as outlined
in the attached Staff Report.
Those votine Ave hein2 Crs. Becker. Kirchhoff. and Jacobson
Those votin2 No beine ers. Rupo and Mavor Krauss
The motion carried.
Conditions of Aporoval:
Plannine:
1. Parkin2 shall be provided for all uses In accordance with UDO Section 18.46
"Parkine'." Parkin2 for accessory dwelllne units may not provided on-street. A 26.
foot sethack is required for a I!araee with stacked parkin! oft an alley.
2. Accessory structures e:reater than 600 square feet shall not be located in anv
required front. rear. or side vard.
3. Accessorv structures mav not occupv more than 20 percent of the area of the lot
located to the rear of the orincioal build in!!. Lot coveralle calculations shall he
included on the site plan for Final Site Plan submittal.
4. Evidence that the propOsed development (5) have been reviewed and approved hy
the eattail Creek Deshm Review Authority shall be suhmitted prior to Final Site
Plan submittal.
5. Landscapin2 standards. per UDO Section 18.48 "Landscapin2." shall be
provided.
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6. Anv utilltv lines and easement$-shall he accuratelv depicted on the Final Site Plan
and Landscape plan. Prooosed extensions and additions shall be laheled
"oroposed."
7. The oropOsed oroiect shall be comoleted as aooroved and conditioned in the
eonditional Use Permit and Variance applications. Anv modifications to the
submitted and aooroved application materials shall invalidate the proiect's
leldtlmacv. unless the aopllcant submits the orooosed moditlcations for review and
aporoval bv the Deoartment of Plannln2 prior to undertakln2 said modifications.
8. The aoolicant shall complv with all applicable BuildinWElectrlcal/Plumbin~
codes. and permits shall be ohtained as required hv the Buildln2 Division prior to
commencement of any tenant improvements.
Enelneerlne:
1. A dedicated sewer service shall be provided for the accessory dwellin2 unit.
2. Sidewalk shall be depicted and Installed In the standard location across the lot
fronta2e (I.e. l' off oropertv) and shall not be Installed In the street boulevard.
2:54:44 [20:29:34] 7. 3366 Sora Way Conditional Use Permit for Accessory Dwelling
Unit, #2-06244 - PUBLIC HEARING (Knight)
2:54:56 [20:30:24] Motion and VQte - It was moved by Cr. Becker, seconded by Cr.
Rupp, to approve Application No. Z.06244 with the conditions of approval as outlined
in the attached Staff Report.
Those votine Aye beinl! Crs. Becker. Kirchhoff. and Jacobson
Those votimz No heinll ers. Kupo and Mayor Krauss
The motion carried.
Conditions of Approval:
Plannin2:
1. Parklnll shall be provided for all uses in accordance with uno Section 18.46
"Parkine'." Parkin!! for accessory dwelllne: unlt$ may not provided on-street. A 26-
foot setback Is required for a earaS!e with stacked oarklml off an allev.
2. Accessory structures Ilreater than 600 square feet shall not be located In any
required front. rear. or side vard.
3. Accessory structures may not OCCUpy more than 20 percent of the area of the lot
located to the rear of the principal buildine. Lot covera2e calculations shall be
included on the site plan for Final Site Plan submittal.
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4. Evidence that the proposed development (s) have been reviewed and .aporoved by
the Cattail ereek Desi2n Review Authoritv shall he submitted prior to Final Site
Plan submittal.
5. Landscapin2 standards. per uno Section 18.48 "Landscapin2." shall be
provided.
6. Anv utili tv lines and easements shall he accuratelv depicted on the Final Site Plan
and Landscape olan. Prooosed extensions and additions shall be laheled
"vroJ>Osed."
7. The prooosed project shall he completed as approved and conditioned in the
Conditional Use Permit and Variance apolications. Any modifications to the
submitted and aoproved application materials shall invalidate the project's
lel!itimacv. unless the aoolicant submits the oroposed modiflc,:ations for review and
aooroval hv the Department of Planninl! orior to undertakine: said modifications.
8. The applicant shall comply with all applicable BuildinszlElectricaVPlumbine
codes. and permits shall be ohtained as reQuired hv the Buildine Division orior to
commencement of any tenant improvements.
Eneineerinl!:
1. A dedicated sewer service shall be provided for the accessory dwellinsz unit.
2. Sidewalk shall be depicted and installed in the standard location across the lot
fronta2e (i.e. l' off propertv) and shall not be installed in the street houlevard.
2:55:31 [20:31:32] 8. Walton Homestead Planned Unit Development/Conditional Use
Permit Modifications II (Lot 11), #Z-06237 - PUBLIC HEARING (Kozub)
2:58:52 [21 :42:45] Staff Report
Andy Epple presented the staff report
3:03:39 [20:33:16] Motion and Vote ~ It was moved by Cr. Rupp, seconded by Cr.
Kirchhoff, to approve the Conditional Use Permit allowing a modification to the
Walton Homestead Planned Unit Developmentfor Lot 11, #Z-06237 as conditioned by
staff.
Those voline: Aye heine: Crs. Becker. Rupp. Kirchhoff. .lacohson pnd Mayor Krauss.
Those voline No heine none.
The motion carried.
Conditions of Aooroval:
1. The approval for the 3.555 SQuare foot lot shall onlv apply to Lot 11. Block 5.
WaUon Homestead Planned Unit Development.
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3:04:47 [20:34:09] G. Non-Action Items
3:05:59 [20:35:07] 1. City Lands Inventory Report (Goehrung)
3:21: 17 [20:49:50] H. FYI/Discussion
3:21 :28 [21 :24:06] 1. Board of Adjustments Application Status (Bernard)
3:27:36 [20:58:50] FYI - Kukulski - Durston Update
3:39:52 [21:17:00] FYI - Kukulski Structure Report on Lamme Street Library
3:44: 14 [21: 18:06] FYI - Kukulski South 19th Lightining
3:45:59 [21:18:32] FYI - Epple - Susan Kozub leaving the Planning Department
3:47:29 [21:19:16] FYI - Epple - Deconness land swap meeting
3:51:27 [21:20:10] FYI - Jacobson map readablity
3:53:40 [21:21:50] FYI - Rupp Letter response
3:55:35 [21 :23:53] I. Adjournment
Mayor Krauss adjourned the meeting at 10:01 PM.
ATTEST: "
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Je e K. us ,Mayor
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PREPARED BY:
art John Bernard, Deputy City Clerk
Approved on 10/ if UlOG