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HomeMy WebLinkAbout2007-03-05 Minutes, City Commission MINUTES OF CITY DEPARTMENTAL BUDGET PRESENT A nONS BOZEMAN, MONTANA March 5, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 5, 2007 at 3:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, City Manager Chris Kukulski, Director of Public Works Debbie Arkell, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul Luwe, and City Clerk Brit Fontenot. A. FY2008 Budget Presentations - 3:00 pm-5:00 pm - Community Room, Gallatin County Courthouse, 311 West Main 1. City Attorney (Luwe) City Attorney Paul Luwe offered the Legal Department's FY08 budget presentation to the Commission. 2. Library (Meister) Library Director Alice Meister offered the Public Library's FY08 budget presentation to the Commission. 3. Recreation (Dingman) Superintendent of Parks and Recreation Ron Dingman offered the Parks and Recreation Department's FY08 budget presentation to the Commission. 4. Planning (Epple) Director of Planning and Community Development Andy Epple offered the Planning Department's FY08 budget presentation to the Commission. Adjournment Mayor Krauss adjourned the Departmental Budget Presentations session at 5:09 pm. LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 5, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 5,2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Jeff Rupp (6:30 pm), City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Finance Director Anna Rosenberry, Director of Public Service Debbie Arkell, City Attorney Paul Luwe, and City Clerk Brit Fontenot. B. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main C. Pledge of Allegiance and Moment of Silence D. Public Service Announcement Finance Director Anna Rosenberry reminded the Commission and the public of the March 15,2007 deadline for State of Montana Low Income Property Tax Assistance. E. Authorize the Absence of Cr. Kirchhoff Motion and Vote authorizing the absence of Cr. Kirchhoff. It was moved by Cr. Becker. seconded by Cr. Jacobson. to authorize the absence of Cr. Kirchhoff. Those votin2 Ave bein2 Crs. Becker. Jacobson. Rupp and Mayor Krauss. Those votin2 No bein2 none. Those absent bein2 Cr. Kirchhoff. The motion carried 4 - O. F. Minutes Motion and Vote to approve the February 20, 2007 minutes as submitted. It was moved bv Cr. Rupp. seconded bv Cr. Jacobson. to approve the minutes of February 20. 2007 as submitted. Those votin2 Ave bein2 Crs. Rupp. Jacobson. Becker and Mavor Krauss. Those votin2 No bein2 none. Those absent bein2 Cr. Kirchhoff. The motion carried 4 - O. 2 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Finally Adopt Ordinance 1696, Enabling Ordinance for Municipal Infractions (Luwe) 3. Approve Oak Meadows Subdivision Findings of Fact (Cooper) 4. Approve Oak Meadows Subdivision Final Park Plan (Saunders) 5. Approve Oak Meadows Subdivision Final Plat (Cooper) 6. Finally Adopt Ordinance 1695, Morgan Zone Map Amendment #Z-06197 (Knight) 7. Finally Adopt Ordinance 1694, Louis Zone Map Amendment #Z-05146 (Skelton) 8. Authorize City Manager to sign West Winds Condos Public Access Easement (Johnson) 9. Approve East Gallatin Recreation Area/Old City of Bozeman Landfill Annexation #A-06017 (Knight) 10. Approve Bid from Cues for Sewer Television Van with Lateral Launch (Alston) 11. Authorize Notice of A ward for Hilltop Tank Painting Contract to Western Industrial, Inc. (Heaston) 12. Authorize City Manager to sign Morgan Annexation Agreement (Knight) 13. Authorize City Manager to sign Valley West Subdivision Phase 3 Public Street and Utility Easement (Heritage Christian School) (Stodola) 14. Authorize City Manager to sign Baxter Meadows Phase IV Public Street Easements (Murray) 15. Authorize City Manager to sign Genesis Business Park II Public Street and Utility Easement (Murray) Public Comment - Consent Mayor Krauss called for public comment on the Consent agenda. No person commented. Motion to approve Consent items Gl- G15. It was moved by Cr. Jacobson to approve Consent items Gl- G15. Cr. Rupp requested clarification on Consent item G2, Ordinance 1696, Enabling Ordinance for Municipal Infractions. City Attorney Luwe provided explanation and clarification of the terms "enabling" and "encroachment" and set forth a timeline for enacting these ordinances. Cr. Rupp seconded Cr. Jacobson's motion to approve Consent items Gl- G15. Vote to approve Consent items G 1 - G 15. Those votin2 Ave bein2 Crs. Rupp. Jacobson and Mayor Krauss. 3 Those votin2 No bein2 none. Those abstainin2 bein2 Cr. Becker. Those absent bein2 Cr. Kirchhoff. The motion carried 3 - O. H. 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. There was also opportunity in conjunction with each agenda item for comments pertaining to that item. No person commented. I. Action Items 1. Meadow Creek Phase III and IV Annexation #A-06015, opened and continued from February 26 (Krueger) Staff Report Associate Planner Brian Krueger presented the staff report. Applicant The applicant, Neil Ainsworth, and Chris Budeski of Madison Engineering, appeared on behalf of the applicant. Public Comment Mayor Krauss called for public comment. No person commented. Cr. Rupp requested clarification on the subject property. He asked Fire Chief Chuck Winn if the subject property was within the current six minute response time recently adopted by the Commission. Chief Winn confirmed that the subject property was indeed within the City's six minute response time. Motion to approve the Meadow Creek Phase III and IV Annexation #A- 06015 with the 11 recommended terms of annexation listed on page 10, 11, and 12 of the staff report, and prepare an annexation agreement for signature by the parties. It was moved bv Cr. Becker. seconded by Cr. Rupp. to approve the Meadow Creek Phase III and IV Annexation #A- 06015 with the 11 recommended terms of annexation listed on pa2e 10. 11. and 12 of the staff report. and prepare an annexation a2reement for si2nature bv the parties. Terms of Annexation: 4 1. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of ri2ht-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District. which would provide a mechanism for the fair and equitable assessment of maintenance costs for Citv parks as part of the Annexation A2reement. 2. The propertv owner shall provide usable water ri2hts. or cash in-lieu thereof. in the amount determined bv the Director of Public Service at the time the propertv is annexed to the corporate limits to the City of Bozeman. 3. The property owner should be advised that prior to development of the property. the future developer(s) may be required to prepare. at their own expense. a comprehensive desi2n report evaluatin2 existin2 capacity of water and sewer utilities. storm water master plan and traffic impacts. 4. That at the time of any new development on the property. fire. street. water and wastewater impact fees will be assessed. 5. The Annexation A2reement should include notice that. prior to development. the developer will be responsible for installin2 any facilities required to provide full municipal services to the propertv in accordance with the Citv's infrastructure Master Plan and all citv policies and 2uidelines that mav be in effect at the time of development. 6. An Annexation Map. titled "Meadow Creek Phase III Annexation Map" with a le2al description of the property and adjoinin2 ri2hts-of-way and/or street access easements shall be submitted bv the applicant for use with the Annexation A2reement. The map must be supplied on a mylar for City records (18" bv 24"). a reduced 8112" x 11" or 81h" by 14" exhibit for filin2 with the Annexation A2reement at the County Clerk & Recorder. and a di2ital copv for the Citv En2ineer's Office. This map must be acceptable to the Director of Public Services and City En2ineer's Office. and shall be submitted with the si2ned Annexation A2reement. 7. That the applicant executes all contin2encies and terms of said Annexation A2reement with the Citv of Bozeman within sixtv davs (60) of distribution of the annexation a2reement unless another time period is specifically identified by the Citv Commission. 8. Applicant shall provide and file with the Countv Clerk and Recorder's office executed Waivers of Ri2ht to Protest Creation of SIDs for the followin2: A. Street improvements includin2 pavin2. curb/2utter. sidewalk and storm draina2e facilities for the followin2 streets: a. South 27th Ave. 5 b. Stuckv Road c. Graf Street d. Fowler A venue e. South 19th Ave. B. Si2nalization Improvements for the followin2 intersections: a. Ka2Y Boulevard/19th A venue b. Stuckv Road/19th A venue c. Graf Street/19th A venue d. Stuckv RoadIFowler A venue e. Graf Street/South 27th A venue f. Graf StreetIFowler A venue C. Trunk Sewer and Water mains to serve the property. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements. the developer a2rees to participate in an alternate financin2 method for the completion of said improvements on a fair share. proportionate basis as determined bv square foota2e of property. taxable valuation of the propertv. traffic contribution from the development or a combination thereof. 9. The owner shall provide a public street and utilitv easement for South 27th A ve.. and Graf Street. The easement shall be 45 feet wide for both. which is one half of the collector standard as shown in the Greater Bozeman Area Transportation Plan. 10. The owner shall provide a public street and utili tv easement for Stucky Road. The easement shall be 45 feet wide. which is one half of the collector standard as shown in the Greater Bozeman Area Transportation Plan. 11. Upon annexation and availabilitv of services. the existin2 structures shall either be connected to municipal services or removed from the site Vote to approve the Meadow Creek Phase III and IV Annexation #A- 06015 with the 11 recommended terms of annexation listed on page 10, 11, and 12 of the staff report, and prepare an annexation agreement for signature by the parties. fit was moved by Cr. Becker. seconded by Cr. Rupp to approve the Meadow Creek Phase III and IV Annexation #A- 06015 with the 11 recommended terms of annexation listed on pa2e 10.11. and 12 of the staff report (see terms of annexation above). and prepare an annexation a2reement for si2nature bv the parties.l Those votin2 Aye bein2 Crs. Becker. Rupp. Jacobson and Mavor Krauss. Those votin2 No bein2 none. Those absent bein2 Cr. Kirchhoff. The motion carried 4 - O. 6 2. Meadow Creek Phase III and IV Zone Map Amendment #Z-06274, opened and continued from February 26 (Krueger) Staff Report Associate Planner Brian Krueger presented the staff report. Applicant Chris Budeski, of Madison Engineering, appeared on behalf of the applicant. Public Comment Mayor Krauss called for public comment. No person commented. Motion and Vote to approve an initial municipal zoning designation of R-3 (Residential Medium Density District) and R-4 (Residential High Density District) for Meadow Creek Phase III and IV Zone Map Amendment #Z-06274, subject to the contingencies listed in the staff memo. It was moved bv Cr. Rupp. seconded by Cr. Jacobson. to approve an initial municipal zonine desienation of R-3 (Residential Medium Density District) and R-4 (Residential Hieh Densitv District) for Meadow Creek Phase III and IV Zone Map Amendment #Z-06274. subject to the contineencies listed in the staff memo. Contineencies: 1. The applicant shall submit a 24" x 36" mylar zone map titled "Meadow Creek Phase III and IV Zone Map Amendment;" 81Jz-inch x 11-inch. or 81h-inch x 14- inch paper exhibit; and a dieital COpy of the area to be zoned. which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zonine Map. Said map shall contain a metes and bounds leeal description of the perimeter of the subject property and zonine districts. total acreaee of the property and each zonine district. and adjoinine riehts-of-wav and/or street access easements. 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds leeal description prepared bv a licensed Montana survevor and map of the area to be rezoned. which will be utilized in the preparation of the ordinance to officiallv amend the zone map. 3. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is siened bv the applicant and formallv approved bv the Citv Commission. If the annexation is not approved. the zone map amendment application shall be null and void. Those votine Aye beine Crs. Rupp. Jacobson. Becker and Mayor Krauss. 7 Those votine No beine none. Those absent beine Cr. Kirchhoff. The motion carried 4 - O. 3. BozemanlLehrkind Brewery Site Plan/Certificate of AppropriatenesslDeviations Informal #1-07006 (Bristor) Staff Report Associate Planner Allyson Bristor presented the staff report. Applicant Graham Goff, of Goff Architecture, appeared on behalf of the applicant, Bozeman Brewing Partners. The Commission asked questions and offered comment and direction to the applicant and Planning staff on the proposal. Public Comment Mayor Krauss called for public comment. Public Comment - Bobbie Clem Ms. Clem is the owner of Wallace Bottling on the corner of Wallace and Tamarack Streets. She is supportive of the applicant's plans to remodel the facility. Mayor Krauss called for a break. Mayor Krauss called the meeting to order. 4. Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness Application #Z-06209 (Krueger) Staff Report Associate Planner Brian Krueger presented the staff report. Applicant Tom Milleson, of Milleson Architects, appeared for the applicant. Public Comment Mayor Krauss called for public comment. No person commented. After considerable discussion. Mavor Krauss tabled the item until the followine Commission meetine on March 19.2007. 8 5. East Gallatin Recreation Area/Old City of Bozeman Landfill Zone Map Amendment #Z-07006 (Knight) Staff Report Associate Planner Martin Knight delivered the staff report. Applicant The City of Bozeman is also the applicant and had nothing more to add. Public Comment Mayor Krauss called for public comment. No person commented. Motion to approve the East Gallatin Recreation Area/Old City of Bozeman Landfill Zone Map Amendment #Z-07006 with the contingencies listed on page 2 of Zoning Commission Resolution #Z-07006. It was moved bv Cr. Jacobson. seconded by Cr Becker. to approve the East Gallatin Recreation Area/Old Citv of Bozeman Landfill Zone Map Amendment #Z-07006 with the contineencies listed on paee 2 of Zonine Commission Resolution #Z-07OO6. Contineencies: 1. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is siened bv the applicant and formallv approved bv the Citv Commission. If the annexation is not approved. the application shall be null and void. 2. That the applicant submit a zone amendment map. titled "East Gallatin Recreation Area Zone Map Amendment". on a 24" bv 36" mylar. 8112" by 11". or 81ft' by 14" paper exhibit. and a dieital copv of the area to be zoned. acceptable to the Director of Public Service. which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zonine Map. Said map shall contain a metes and bounds leeal description of the perimeter of the subject propertv and zonine districts. and total acreaee of the propertv. 3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds leeal description prepared bv a licensed Montana survevor and map of the area to be rezoned. which will be utilized in the preparation of the Ordinance to officially amend the zone map. fit was moved bv Cr. Jacobson. seconded bv Cr Becker. to approve the East Gallatin Recreation Area/Old Citv of Bozeman Landfill Zone Map Amendment #Z-07006 with the contineencies listed on paee 2 of Zonine Commission Resolution #Z-07OO6 (see contineencies above ).1 9 Those votine Ave beine Crs. Jacobson. Becker. Rupp and Mayor Krauss. Those votine No beine none. Those absent beine Cr. Kirchhoff. The motion carried 4 - O. 6. Alternative Locations for Solid Waste Convenience Station Investigation (Johnson, et al) Staff Report Superintendent of Solid Waste Steve Johnson presented the staff report. Public Comment Mayor Krauss called for public comment. Public Comment - Peter RUflheimer Mr. Rugheimer resides at 1404 Story Mill Road and is an adjacent landowner to the proposed household hazardous waste site. Mr. Rugheimer reminded the Commission of various industrial hazardous events when chemicals are inappropriately mixed and suggested that household hazardous waste sites do not belong in residential neighborhoods. Additionally, he argues that a household hazardous waste site would devalue his property and any future development. He suggested that if a household hazardous waste site is necessary then he prefers alternative site number one. The Commission determined that the initial staff recommendation and subsequent Commission decision of November 27. 2006 bv a vote of 4 -1 to locate the household hazardous waste site where initiallv proposed bv the Director of Public Works and Solid Waste Superintendent Steve Johnson would stand. J. FYIIDiscussion 1. Policy Meeting Schedule (Kukulski) Mr. Kukulski updated the Commission on future Commission Policy Meeting topics. Mr. Brey updated the Commission on the Workforce Housing Task Force schedule and requested a meeting date. The Commission agreed that April 9, 2007 would be a likely date to discuss Workforce Housing. K. Adjournment Mayor Krauss adjourned the meeting at 9:40 pm. 10 A ITEST: Approved on ~ 7) ~~7 ~ K-~ ~. Jeffre. s,~ayor 11