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HomeMy WebLinkAbout2007-04-23, Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 23, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, April 23, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot. A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. B. Pledge of Allegiance and a Moment of Silence C. Public Service Announcement - Recycling (Johnson) Solid Waste Superintendent Steve Johnson updated the Commission and the public on recent changes at the City Landfill. The new hours are 8:00 am to 3:30 pm Tuesday through Saturday. Refuse from Gallatin County residents is now welcome. The City Landfill is now accepting household refuse, compost, white-goods, and recycling. Mr. Johnson also provided a recycling update. He stated that Headwaters recycling currently collects twice a week, and the City has tried unsuccessfully to get collections increased to three times a week. The County Solid Waste Management District has committed to service the sites in the future, and plans to add sites in the County. Mr. Johnson updated the Commission and the public on the current glass recycling situation. Initially, he stated, glass was recycled at Holcim until the Department of Environmental Quality decided that Ho1cim could no longer use the glass in their cement making process. Since then, glass has been "re-used" in the following applications; crushed with gravel, crushed and mixed with dirt for landfill cover, and with landfill closing. He envisioned no future use for the glass. Mr. Johnson updated the Commission and the public on the status of the Household Hazardous Waste Facility (HHW). He stated that the operations of the facility are in cooperation with the Gallatin Local Water Quality District with an anticipated opening in late May of 2007. He stated that the facility will be open to all residents of Gallatin County on Saturdays only, and by appointment only, and noted that detailed brochures will be available soon. Mr. Johnson updated the Commission and the public on the possibilities of curbside recycling. He stated that currently the Solid Waste Division is researching the possibility for residential pickup once a week, with the commodities delivered to Four Corners Recycling for processing. He stated that the approximate cost would be $10 to $12 per month. Finally, Mr. Johnson stressed the need for community input and requested that interested citizens contact the City of Bozeman Solid Waste Division at 582-3208 to voice an opinion on curbside recycling. D. Minutes - March 19,2007 and Apri112, 2007 Policy Meeting Motion and Vote to approve the minutes of March 19, 2007 and April 12, 2007 Policy Meeting as submitted. It was moved by Cr. Becker. seconded bv Cr. Rupp. to approve the minutes of March 19. 2007 and April 12. 2007 Policv Meetine as submitted. Those votine Ave beine Crs. Becker. Rupp. Jacobson and Mavor Krauss. Those votine No beine none. Those absent beine Cr. Kirchhoff. The motion carried 4 - O. Public Comment - Consent Mayor Krauss called for public comment on the Consent agenda. No person commented. E. Consent 1. Authorize payment of claims (LaMeres) 2. Approve recommendation of award for 2007 Bozeman Aerial Photography Project (Henderson) 3. Provisionally adopt Ordinance 1697, Bridger Creek Phase I Zone Map Amendment (Knight) 4. Approve the Ridge Planned Unit Development Major Subdivision Findings of Fact, #P-06063 (Knight) 5. Approve the Loyal Garden Major Subdivision Master Park Plan (Morris) Motion and Vote to approve Consent items 1 - 5 as listed above. It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve Consent items 1- 5 as listed above. Those votine Aye beine Crs. Rupp. Kirchhoff. Jacobson. Becker. and Mayor Krauss. Those votine No beine none. The motion carried 5 - O. 2 F. Public Comment - This was the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There was also an opportunity in conjunction with each agenda item for comments pertaining to that item. Public Comment - Michael Vincent Mr. Vincent owns property from 17 - 19 S. Tracy and requests that the City consider night-time side street parking. He noted that his tenants do not have parking. Mr. Vincent stated that side street parking would be beneficial for both downtown residents and visitors. Public Comment - Cathy Costakis Ms. Costakis resides at 408 Bonner Lane and thanked Mayor Krauss for proclaiming April 23-29, 2007 National TV Turnoff Week. She distributed a related newspaper insert and pledge to the Commission and referenced a study in which the key finding was that children were spending an average of 6.5 hours per day connected to media, and this is having a negative impact on both children and adults. Public Comment - David Leverett Mr. Leverett resides at 1014 S. 6th Avenue and is the owner of Full Circle and Four Corners Recycling. Mr. Leverett reminded the Commission that glass recycling is currently not cost effective. He stated that efforts to conserve energy and resources would be better focused in other areas of recycling. Mr. Leverett stated, in response to Cr. Becker, that his organization is currently processing recycling from the City and Headwaters. He noted that the big question concerning Full Circles' decision to implement a materials recycling facility (MRF) is the commitment of the City and the anticipated volume due to substantially increased cost of operations. G. Mayoral Proclamations Mayor Krauss proclaimed the following: 1. TV Turn-off Week, April 23-29, 2007 Mayoral Proclamation TV Turnoff Week April 23-29, 2007 ***************************** WHEREAS, the average American child watches more than 1,250 hours of television each year while spending only 900 hours in school; and WHEREAS, participants in TV Turnoff Week engage in a broad range of screen-free activities that foster greater social, physical, academic and creative development; and WHEREAS, many individuals and organizations in our community are joining with people across the globe in observing Turnoff Week; and WHEREAS, this year marks the 13th annual TV Turnoff Week and to date, millions have participated and benefited from their involvement. 3 NOW THEREFORE, I, Jeff Krauss, Mayor of the City of Bozeman do hereby proclaim April 23- 29,2007 as TV Turnoff Week. DATED this 23rd day of April 2007 Jeff Krauss, Mayor 2. Arbor Day, April 27, 2007 Mayoral Proclamation Arbor Day April 27, 2007 ***************************** WHEREAS, natural areas, trees, and landscapes provide not only community beautification but also economic and environmental benefits; and WHEREAS, trees provide many benefits to the community, including air purification, windbreaks, noise reduction, shade and energy savings; and WHEREAS, planting trees and maintaining older trees provides an opportunity for community interaction, volunteerism, economic development, and environmental conservation; and WHEREAS, our efforts to improve the environment benefit present and future generations; and WHEREAS, Arbor Day in Montana is officially the last Friday in April. NOW THEREFORE BE IT RESOLVED that I, Jeff Krauss, Mayor of the City of Bozeman, Montana, do hereby proclaim Friday, April 27, 2007 as Arbor Day in Bozeman, and encourage citizens to participate in appropriate activities and to take advantage of the benefits of the parks and other natural areas in our community. DATED this 23rd day of April 2007 Jeff Krauss, Mayor H. Action Items 1. Color World Addition Site Plan/Certificate of AppropriatenesslDeviations #Z-07048, opened and continued from April 9 (Bristor) Associate Planner Allyson Bristor presented the staff report. Applicant Mike Burgard, owner of Color World, appeared his own behalf. Public Comment Mayor Krauss called for public comment. 4 No person commented. Motion and Vote to approve the Color World Addition Site Plan and Certificate of Appropriateness with Deviations application #Z-07048 as conditioned by staff. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve the Color World Addition Site Plan and Certificate of Appropriateness with Deviations application #Z-07048 as conditioned bv staff. Conditions of Approval: 1. A shared access easement shall be established with the propertv owner to the east. to allow Color Wodd business traffic the use of their drive access off the rear allev (to the east of the proposed parkinelot). The Final Site Plan submittal shall include the notarized and certified copv of the access easement. 2. The Final Site Plan submittal shall clearly depict the breakdown of required and supplied parkine for both the existine buildine and proposed addition. Per UDO Chapter 18.46. the parkine lot shall supply all required parkine spaces for all buildines' uses (except for the ADA accessible space which mav be provided on-street alone Mendenhall Street). 3. One (1) ADA accessible parkine space shall be provided in addition to the other required parkine and shall either be located within the proposed par kine lot or on-street alone Mendenhall Street. If added to the parkine lot. the ADA parkine space shall provide an 8-foot aisle and shall be siened as "Van Accessible." Approval for on-street accessible parkine shall be obtained from the Director of Public Services. 4. The Final Site Plan submittal shall show 60-deeree aneled parkine with a 23- foot. two-wav traffic drive aisle. in the proposed parkine lot. The aneled parkine spaces shall follow the flow of oncomine traffic. 5. The Final Site Plan submittal shall show each non-compact parkine space shall be 20 feet in leneth when measure from a painted line on the inside edee of the stall. or 18 feet in leneth when measure from a curb on the inside edee of the stall. 6. The Final Site Plan submittal shall show a maximum of five (5) compact sized parkine spaces (a maximum of 25 % of the provided parkine spaces in the parkinelot may be reduced in size for small compact cars). 7. The Final Site Plan submittal shall show the addition of a landscape aisle for each parkine row in excess of 100 feet. The minimum width of said aisle shall be eieht (8) feet. 5 8. The Final Site Plan submittal shall depict a minimum 2-foot landscaped buffer alone between the edee of the alley and proposed parkine lot. 9. The Final Site Plan submittal shall depict a fence on the rear propertv line for purposes of parkine lot screenine for neiehborine residential properties. The fence shall be "finished side out" on both sides. The fence shall not exceed 6 feet in heieht when located within the required rear yard setback and shall not exceed 30 inches in heieht when located within the required street vision trianele. 10. The Final Site Plan submittal shall show all snow removal storaee outside of required parkine access and spaces. 11. The Final Site Plan submittal shall include a scaled landscapine plan. which is produced bv a certified landscaper. 12. Per UDO Chapter 18.48. a minimum of 13 points shall be provided for the propertv. The breakdown of how points were obtained shall be c1earlv depicted on the landscapine plan for Final Site Plan submittal. To obtain 5 points. a eroupine must be provided for everv 50 feet of lot width (excludine drive accesses ). 13. Per UDO Chapter 18.48. the parkine lot shall supply the required landscapine in addition to the 13 points required. The breakdown of how the parkine lot landscapine is supplied shall be clearlv depicted on the landscapine plan for Final Site Plan submittal. 14. Per UDO Chapter 18.48. the parkinelot shall supply the required residential screenine in addition to the 13 points required. The breakdown of how residential screenine is supplied shall be clearly depicted on the landscapine plan for Final Site Plan submittal. 15. The Final Site Plan submittal shall show the addition of a bicvcle rack on the sidewalk north of the existine buildine. which shall be in conformance with the standards recommended by the Bicvcle Advisorv Board. 16. The Final Site Plan submittal shall include all details of proposed exterior site and/or buildine liehtine. Allliehtine shall be accordance with UDO Section 18.42.150. 17. All mechanical equipment shall be screened in accordance with UDO Section 18.38.050. This shall include. but not limited too. air conditioners and electric panels. All mechanical equipment and screenine shall be depicted on the landscapine plan for Final Site Plan submittal. Administrative Desien Review Staff 6 18. The Final Site Plan submittal shall include scaled buildine elevations that clearly note the proposed buildine materials for the remodel of the existine buildine and the addition. for final review and approval bv Administrative Desien Review Staff. 19. To add a "ereen" buffer alone the Mendenhall Street sidewalk. the Final Site Plan submittal shall include flower baskets and/or pots alone the south buildine facade (alone Mendenhall Street). 20. The Final Site Plan submittal shall include a color palette and material sample board for all materials affiliated with the new construction. for final review and approval bv Administrative Desien Review Staff. Eneineerine Staff 21. The drop curb section that will provide loadine access from the loadine zone to the proposed warehouse door will be required to meet all current ADA standards (if the ADA accessible parkine space is provided on-street alone Mendenhall Street). Those votine Ave beine Crs. Kirchhoff. Jacobson. Becker. Rupp and Mavor Krauss. Those votine No beine none. The motion carried 5 - O. 2. Ruggiero Garage Certificate of AppropriatenesslDeviations #Z-07052, opened and continued from April 16 (Bristor) Associate Planner Allyson Bristor presented the staff report. In a letter to the Commission, the applicant, Jory Ruggiero, waived his appearance. Public Comment Mayor Krauss called for public comment. No person commented. Motion and Vote to approve the Ruggiero Garage Certificate of Appropriateness with Deviations application #Z-07052 as conditioned by staff. It was moved bv Cr. Jacobson. seconded by Cr. Becker. to approve Rueeiero Garaee Certificate of Appropriateness with Deviations application #Z-07052 as conditioned bv staff. Conditions of Approval: 7 1. The drive approach on East Oranee Street shall be constructed in accordance with the Citv's standard approach (i.e.. concrete apron. sidewalk section and drop-curb) and shall be accuratelv shown on a revised site plan. A Citv Curb Cut and Sidewalk Permit shall be obtained prior to Buildine Permit issuance. 2. No new construction of anv kind is permitted to occur over existine water and/or sewer lines. 3. Prior to issuance of any type of buildine permit (incIudine Demolition Permits). the applicant shall provide a color palette and materials board for final desien review and approval bv Administrative Desien Review Staff. Code Provisions: 1. Per Section IS.02.0S0 & IS.64.110. the proposed project shall be completed as approved and conditioned in the Certificate of Appropriateness application. Anv modifications to the submitted and approved application materials shall invalidate the project's leeitimacv. unless the applicant submits the proposed modifications for review and approval bv the Department of Plannine prior to undertakine said modifications. The onlv exception to this law is repair. 2. Per Section IS.64.100.F. the applicant shall obtain a buildine permit within one vear of the Certificate of Appropriateness approval. or said approval shall become null and void. Those votine Ave beine Crs. Jacobson. Becker. Rupp. Kirchhoff and Mayor Krauss. Those votine No beine none. The motion carried 5 - O. 3. and 4. Village Homesite Planned Unit Development Plan Pre-application #Z- 07034 and Major Subdivision Pre-application #P-07008 (Windemaker) After noting that no formal action would be taken on either project, that the projects are inter- related, and after conferring with Assistant City Attorney Tim Cooper, Mayor Krauss determined that the Village Homesite Planned Unit Development Plan Pre-application #Z- 07034 and Village Homesite Planned Unit Development Major Subdivision Pre-application #P-07008 would be heard concurrently. Contract Planner Lynette Windemaker presented the staff report. The applicants, Michael Delaney and Bill Mullenfeld, appeared on their own behalf. Public Comment Mayor Krauss called for public comment. 8 Public Comment - Ted Lange Mr. Lange, representing the Gallatin Valley Land Trust of 25 N. Willson Avenue, stated that GVLT has been meeting and talking with the property owners and other interested parties for some time. He stated that GVL T supports turning the wetlands area into a public park without street frontage on this rare habitat. He noted that the trails will be ADA accessible. Mr. Lange stated that a trail through the middle of the park could have a significant impact on the habitat; an alternative would be trails on three sides as proposed. He noted that the Recreation and Parks Board has not taken an official position on the trail layout. Mr. Lange reminded the Commission that this location is a "keystone" location for any connector to Highland Blvd. Public Comment - Connie Garrett Ms. Garrett resides at 511 East Olive and owns property at 414 North Plum Street. She stated that traffic is the largest concern in the Northeast neighborhood and is concerned that the more through- streets in the neighborhood the more the traffic will soon follow. She also encouraged the creation of a wetlands park. The Commission posed questions to staff and the applicants and discussed the Village Homesite Planned Unit Development Plan Pre-application #Z- 07034 and Major Subdivision Pre-application #P-07008 projects. City Manager Chris Kukulski requested clarification on cul-de-sacs. He asked if cul-de-sacs once approved and constructed, will the Commission continue to discuss, and the staff continue to develop connectivity designs and plans for future phases, to which Cr. Kirchhoff replied that redesigns do happen due to shifting circumstances. The Commission provided advice and recommendations on the Village Homesite Planned Unit Development Plan Pre-application #Z- 07034 and Major Subdivision Pre-application #P-07008. Mayor Krauss called for a break Mayor Krauss called the meeting to order. 5. Request for funds from the City of Bozeman for the Road to Home Homeownership Center (Roberty) Due to his position with the Human Resource Development Council, Cr. Rupp excused himself from this presentation and Commission vote. Caren Roberty, Development Director of the Human Resource Development Center (HRDC), presented a request for $30,000 to continue the HRDC's Road to Home Homeownership Center from the two (2) mils designated by the City for affordable housing. Public Comment Mayor Krauss called for public comment. No person commented. 9 Motion and Vote to grant $30,000 for the HRDC's Road to Home Homeownership Center from the two (2) mils designated by the City for affordable housing. It was moved bv Cr. Becker. seconded bv Cr. Kirchhoff. to erant $30.000 for the HRDC's Road to Home Homeownership Center from the two (2) mils desienated bv the Citv for affordable housine. Those votine Ave beine Crs. Becker. Kirchhoff. Jacobson and Mavor Krauss Those votine No beine none. Those absent beine Cr. Rupp. The motion carried 4 - O. 6. Durston Woods Informal Application (Skelton) Project Engineer Bob Murray presented the staff report. Lance Lerner, the applicant, and Chris Budeski, of Madison Engineering, appeared before the Commission and presented Options A and B to the Commission and requested direction and advice on the future placement of a section of Fowler A venue. Mr. Lerner resides at 924 Stoneridge Drive. He stated that the current property owner is interested in selling the subject property, and therefore, he, as a potential buyer would like Commission guidance on the future of Fowler A venue. Public Comment Mayor Krauss called for public comment. Public Comment - Ted Lange Mr. Lange, representing the Gallatin Valley Land Trust, 25 N. Willson A venue, suggested continuing a green-way corridor going north on Fowler Avenue, when constructed. The Commission suggested the road alignment in Option B as presented by the applicant. 7. Rialto Site Plan/Certificate of Appropriateness/Change in Use #Z-07019 (Bristor) Planning Director Andy Epple presented the staff report. The applicants declined an invitation by Mayor Krauss to speak on their behalf. Public Comment Mayor Krauss called for public comment. No person commented. 10 Motion and Vote reclaiming review and approval authority for the Rialto Site Plan, Certificate of Appropriateness and Change in Use application #Z-07019, per Section 18.64 B,1. Bozeman Municipal Code. It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to reclaim review and approval authoritv for the Rialto Site Plan. Certificate of Appropriateness and Chanee in Use application #Z-07019. per Section 18.64 B.l. Bozeman Municipal Code. Mayor Krauss noted that any decision to reclaim review and approval authority for the Rialto Site Plan, Certificate of Appropriateness and Change in Use application #Z-07019, per Section 18.64 B.l. Bozeman Municipal Code would not reflect negatively on Planning Director Andy Epple. Those votine Aye beine Crs. Rupp. Jacobson and Mavor Krauss. Those votine No beine Crs. Kirchhoff and Becker. The motion carried 3 - 2. 8. South Towne Square Site Plan #Z-07051 (Krueger) Planning Director Andy Epple presented the staff report. Michael Pentecost of Dzyn2 Architects appeared for the applicant and stated the applicant supports the Commission reclaiming review and approval authority for the South Towne Square Site Plan application #Z-07051. Public Comment Mayor Krauss called for public comment. Public Comment - Pierce Mullen Mr. Mullen resides at 11 Hill Street in Bozeman. Mr. Mullen thanked the Commission for their patience and noted that the residents of the area are working amicably with the developers, and that if the Commission reclaims review and approval authority for the South Towne Square Site Plan application #Z-07051 that it was not a reflection on the work done by Director of Planning Andy Epple. Additionally, Mr. Mullen thanked Tracy Oulman for her efforts as the Neighborhood Coordinator and the work she did with the SENA. Motion and Vote reclaiming review and approval authority for the South Towne Square Site Plan application #Z-07051, per Section 18.64 B.l. Bozeman Municipal Code. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to reclaim review and approval authoritv for the South Towne Square Site Plan application #Z-07051. per Section 18.64 B.l. Bozeman Municipal Code. Those votine Ave beine Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss. Those votine No beine none. The motion carried 5 - O. 11 9. Seat re-assignment and creation of new seat on the Community Affordable Housing Advisory Board (CAHAB) (Fontenot) City Clerk Brit Fontenot presented the staff report. Public Comment Mayor Krauss called for public comment. No person commented. Motion and Vote to re-assign current CAHAB member Verne Klingensmith from the "real estate sales" seat to the "provider of services to persons in affordable housing" seat and create an additional CAHAB member position representing a "building industry professional" increasing the total number of CAHAB seats from ten to eleven. It was moved by Cr. Jacobson. seconded bv Cr. Becker. to reassien current CAHAB member Verne Klineensmith from the "real estate sales" seat to the "provider of services to persons in affordable housine" seat and to create an additional CAHAB member position representine a "buildine industry professional" increasine the total number of CAHAB seats from ten to eleven. Those votine Ave beine Crs. Kirchhoff. Jacobson. Becker. Rupp and Mavor Krauss. Those votine No beine none. The motion carried 5 - O. I. FYIIDiscussion 1. 2007-2008 Work Plan Update (Kukulski) City Manager Chris Kukulski updated the Commission on 2007-2008 Work Plan. Commissioner Jacobson expressed interest in the Road Design workshop. She was absent at the workshop held on Thursday, April 12, 2007. Concerning road design, Mayor Krauss noted that staff should make the point to developers and applicants that they should not bring major road design exceptions to the Commission. Mayor Krauss stated that he needs to be informed by the County of their timeline on police facilities. He suggested writing a letter or taking other action to get answers to this question. Concerning implementation of the Mayors Climate Protection Agreement, Mayor Krauss stated that he would prefer a task force to an advisory board. He also noted that hiring a new Neighborhood Coordinator is a high priority. 2. Board of Adjustment Update (Kukulski) 12 Mr. Kukulski informed the Commission that the Clerk's office has received seven applications for the Board of Adjustments. 3. Potential Policy Meeting Topic - 1/2 day City tour on Streamline bus system exploring various building locations and zoning areas (Fontenot) Commissioner Becker expressed interest in using a Streamline bus to tour the City for a Commission discussion regarding development. Mayor Krauss noted that the meeting would have to be publicly noticed and space made available. 4. Reminder of 3:00 pm Work Session on Monday, May 7 City Clerk Brit Fontenot reminded the Commission of the 3:00 pm Work Session on Monday, May 7.2007. Cr. Jacobson suggested that the Commission read the article published by the Urban Land Institute concerning the economic impact of libraries. Mayor Krauss suggested that the City design or link to a volunteer match webpage for matching volunteers with organizations that need them. The Commission thanked Allyson Bristor and Terry Quatraro for their efforts at organizing volunteers to clean up parks in the City. J. Adjournment Mayor Krauss adjourned the meeting at 10:15 pm. PREPARED BY' ~ Approved on ~/CL~ J re . au s,Mayor 13