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Home My WebLink About2007-06-25 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 25, 2007 ***************************** The Commission ofthe City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 25, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. JeffRupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot. 0:OR:42 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street 0:08:50 B. Pledge of Allegiance and a Moment of Silence 0:09:37 C. Public Service Announcement ~ Mayors' Climate Protection Agreement Task Force Administrative Intern Hattie Baker presented the public service announcement. She updated the Commission on the status of the Mayors' Climate Protection Agreement Task Force. She noted that the City has recently joined an organization called Local Governments for Sustainability. 0:11:120. Consent 1. Authorize payment of claims (LaMeres) 2. Approve Ridge Subdivision Final Plat (Cooper) 3. Authorize City Manager to sign Professional Services Agreement for the Bozeman Historical & Architectural Inventory Update (Bristor) 4. Approve Lincoln Park Condos Dedication of Street Right-of-Way ( Sanford) 5. Approve Final Plat of Baxter Meadows Planned Unit Development Phase Subdivision (Cooper) 6. Approve a Liquor License for Cost Plus, Inc. to sell beer and winc at 2226 Tschache Lane (Neibauer) 7. Authorize City Manager to sign Public Access Easement and Public Utility Easement for Poplar Terrace Condos (Heaston) 8. Approve Resolution No. 4033, Intent to Create Special Improvement Lighting District #699, Bozeman Gateway Subdivision Phases I & 3 (Shannon) 9. Approve Resolution No. 4035, Certification of Delinquent City Assessments to Gallatin County (Shannon) 10. Approve Resolution No. 4036, Intent to Create Special Improvement Lighting District #700, Annie Subdivision Phases 3B & 3C (Shannon) 7 / 0: 11: 14 Public Comment - Consent Mayor Krauss called for public comment on the Consent agenda. No person commented. 0: 11 :35 Motion and Vote to approve Consent items 1 ~ to It was moved bv Cr. Becker. seconded bv Cr. Kirchhoff. to approve Consent items 1 -10 as listed above. Those votin!! Ave bein!! Crs. Becker. Kirchhoff. Jacobson and Mavor Krauss. Those yotin!! No bein!! none. Those absent bein!! Cr. Rupp. The motion carried 4 - O. 0:] ] :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. There was also an opportunity in conjunction with each agenda item for comments pertaining to that item. No person commented. 0:12:29 F. Action Items 0: 12:30 1. City of Bozeman Water Rate Study for FY2008-FY2012, prepared by HDR Engineering, Inc., opened and continued from June 11,2007 (Rosenberry) 0: 12:34 Staff Report Finance Director Anna Rosenberry presented the staff report. 0: 18:40 Public Comment Mayor Krauss called for public comment. No person commented. 0:19:35 Motion and Vote adopting the City of Bozeman's Comprehensive Water Rate Study It was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to adopt the City of Bozeman's Comprehensive Water Rate Studv and direct staff to prepare the necessarv resolutions and to schedule Water Rate Public Hearin!!s for a Commission meetin!! in Au!!ust 2007. Those votin!! Ave bein!! Crs. Kirchhoff. Jacobson. Becker. Rupp and Mavor Krauss. Those votin!! No bein!! none. The motion carried 5 - O. 2 8 0:20:222. City of Bozeman Wastewater Rate Study for FY2008-FY2012, prepared by HDR Engineering, Inc. (Rosenberry) 0:20:27 Staff Report Finance Director Anna Rosenberry presented the staff report. 0:25:26 Public Comment Mayor Krauss called for public comment. No person commented. 0:25:35 Motion and Vote adopting the City of Bozeman's Comprehensive Wastewater Rate Study It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to adopt the City of Bozeman's Comprehensive Wastewater Rate Study and direct staff to prepare the necessary resolutions and to schedule Wastewater Rate Public Hearim!s for a Commission meetin!! in Au!!ust after receipt of the Country Classic Dairy Report. Those votin!! Aye beinl! Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those votin!! No bein!! none. The motion carried 5 - O. 0:26:05 3. Norton Major Subdivision Pre-application #P-07020 (Krueger) 0:26:41 Staff Report Associate Planner Brian Krueger presented the staff report. 0:39:42 Applicant - Tom Benesh Mr. Tom Benesh, of Big Sky Land Consultants, appeared for the applicant. Kevin Spencer, project developer, also appeared for the applicant. 0:56:20 Public Comment Mayor Krauss called for public comment. No person commented. No action was taken. 1 :24:52 4. Buffalo Wild Wings Conditional Use Permit and Certificate of Appropriateness #Z-06209 (Krueger) 1 :25:24 Staff Report Associate Planner Brian Krueger presented the staff report. 1 :32:45 Applicant 3 9 Brad Anderson, franchisee for Buffalo Wild Wings, and Tom Nelson, of Nelson Architects, appeared for the applicant. 1 :42:46 Public Comment Mayor Krauss called for public comment. No person commented. 1 :43:05 Motion to approve the Buffalo Wild Wings Conditional Use Permit and Certificate of Appropriateness #Z-06209 It was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve the Buffalo Wild Win2s Conditional Use Permit and Certificate of Appropriateness #Z-06209 with the conditions and code provisions outlined in the staff report addendum dated June 20. 2007. Conditions: 1. All portions of the north/south trail that is within the property limits of this proposal and alon2 the N. 19th Avenue Corridor that connects the Home Depot property with the corner of Baxter Lane and N. 19th A venue shall be overlaid with asphalt prior to buildin2 occupancy. 2. The Final Site Plan shall be accompanied by a letter of approval from the StoneRid2e Architectural Review Committee. 3. A color palette that includes physical material samples and color samples shall be provided. for review and approval bv the Plannin2 Office. prior to Final Site Plan approval. 4. All storefront windows and the proposed overhead doors on the east elevation shall include utilize dark colored (black or bronze) sashes. iambs. and mullions on the exterior of the buildin2. 5. All exterior windows on the buildine shall utilize transparent clear l!lass. 6. The sidewalk section that is located between the accessible parkinl! spaces at southwest corner of the buildin2 shall continue thoul!h the immediate parkinl! lot landscape island to the edl!e of the drive aisle. 7. The sidewalk section provided throul!h the landscaped area alonl! the southern property line shall be shifted east to become a curb walk alonl! the entire len2th of the east side of said landscape area. 8. The proposed l!rease interceptor shall accept waste only from the kitchen. All other sanitary sewer dischar2es shall be plumbed such that they do not l!0 4 10 throul!h the l!rease interceptor. 9. That the applicant upon submittinl! the Final Site Plan for approval and prior to issuance of a buildinl! permit. will also submit a written narrative outlininl! how each of the proiect specific conditions of approval and l!eneral code provisions have been satisfied. 1:46:32 Vote to approve the Buffalo Wild Wings Conditional Use Permit and Certificate of Appropriateness #Z-06209 lit was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve the Buffalo Wild Winl!s Conditional Use Permit and Certificate of Appropriateness #Z-06209 with the conditions and code provisions outlined in the staff report addendum dated June 20. 2007 (see conditions above).l Those votinl! Aye beinl! Crs. Becker. Rupp. Kirchhoff. Jacobson. and Mavor Krauss. Those votinl! No beinl! none. The motion carried 5 - O. 1 :46:49 5. Theory Hair Salon Conditional Use Permit #Z-07127 (Bristor) 1:46:57 Staff Report Associate Planner Allyson Bristor presented the staff report. 1 :49:20 Applicant Brittney (last name inaudible) appearcd for the applicant. Bobby Clcm is the property owner and business owner in the area and appeared on behalf of the applicant to support the applicant. 1 :50:34 Public Comment Mayor Krauss called for public comment. 1 :50:42 Public Comment - Chris Nixon Chris Nixon resides at 719 North Wallace Avenuc. He offered his support for the project. 1 :51 :22 Motion and Vote to approve the Theory Hair Salon Conditional Use Permit #Z-07127 It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to approve the Theory Hair Salon Conditional Use Permit #Z-07127 as conditioned by the Development Review Committee and Administrative Desil!n Review staff. Conditions: 1. With the Final Site Plan submittal. the applicant shall add the followinl! information to the landscapinl! plan. which shall be reviewed and approved bv 5 11 Administrative Desi!!n Review Staff: a) Note all proposed trees and shrubs that are droul!ht tolerant. b) Note the total number of trees and shrubs (for each species). c) Mark 1.050 square feet of landscaped yard alonl! the public ril!ht-of-wavs that shall be supplied for landscapinl!-in-lieu parkinl! reauirements. d) Include a table that notes how the plan meets the reQuired 15 performance points. 2. An Encroachment Permit shall be obtained from the Enl!ineerinl! Department for the proposed encroachment into Aspen Street ril!ht-of-wav. prior to final site plan approval. 3. The applicant shall notify the Department of Planninl! & Community Development when chanl!es to the proposed uses occur. All new uses proposed for the property shall be held to principal and accessory uses as permitted in the "M-l" (Lil!ht Manufacturine District). Said uses shall not exceed the supplied parkin!! as approved with this application (38 spaces provided off- street. 3 spaces provided landscapinl!-in-lieu. 41 spaces required overall). Those votinl! Ave bein!! Crs. Rupp. Kirchhoff. Becker. Jacobson and Mavor Krauss. Those votine No beine none. The motion carried 5 - O. 1:51 :54 Break Mayor Krauss called for a 10 minute break. 2:12:456. Jeske Accessory Dwelling Unit and Conditional Use Permit #Z-07109 (Knight) 2:12:52 Staff Report Associate Planner Martin Knight presented the staff report. 2:16:57 Applicant Mike Jeske resides at 210 Henderson Street and appeared on his own behalf. 2: 18:39 Public Comment Mayor Krauss called for public comment. No person commented. 2:22:08 Motion to approve the Jeske Accessory Dwelling Unit and Conditional Use Permit #Z-07109 6 12 It was moved bv Cr. Rupp. seconded by Cr. Kirchhoff. to approve the Jeske Accessory Dwellinl! Unit and Conditional Use Permit #Z-07109 as conditioned by staff. Conditions: 1. No more than one of the dwellinl!s. either the principal or the accessory dwellinl!. may be rented by non-owners at the same time. A covenant enforcinl! this rental restriction must be recorded with Clerk and Recorders Office prior to Final Site Plan approval. Evidence of this must be provided to the Planninl! Department prior to Final Site Plan approval. 2. Occupancy. at any time. of the accessory dwellinl! unit shall not exceed two persons. Lane:uae:e statine: this shall be included on the Final Site Plan prior to Final Site Plan approval. 3. Prior to Final Site Plan approval. the applicant shall verify with the Buildine: Department that all applicable Buildinl!. Electrical. and Plumbine: codes are beinl! met. Ene:ineerinl!: 1. The Final Site Plan shall be adequately dimensioned. A complete lee:end of all line types used shall also be provided. 2. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. 2:27:37 Vote to approve the Jeske Accessory Dwelling Unit and Conditional Use Permit #Z- 07109 It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to approve the Jeske Accessory Dwelline: Unit and Conditional Use Permit #Z-071 09 as conditioned by staff (see conditions above). Those votinl! Aye beine: Crs. Kirchhoff. Becker. Jacobson. Those votine: No beinl! Cr. Rupp and Mayor Krauss The motion carried 3 - 2. 2:27:527. Resolution No. 4026, notifying the Gallatin County Elections Administrator of the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail ballot (Fontenot) 2:28:08 Mayor Krauss Mayor Krauss recused himself from discussion and vote due to his participation in the 2007 Mayoral race [unless the vote ties]. 7 13 2:28:26 Staff Report City Clerk Brit Fontenot presented the staff report. 2:30:38 Public Comment Mayor Pro Tern Jacobson called for public comment. No person commented. 2:3 I :00 Charlotte Mills, Gallatin County Clerk and Recorder, spoke in support of the resolution. 2:3 I :58 Motion adopting Resolution No. 4026, notifying the Gallatin County Elections Administrator of the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202, Montana Code Annotated. It was moved bv Cr. Kirchhoff. seconded by Cr. Becker. to adopt Resolution No. 4026. notifyinl! the Gallatin County Elections Administrator of the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202. Montana Code Annotated. 2:39:52 Vote adopting Resolution No. 4026, notifying the Gallatin County Elections Administrator of the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202, Montana Code Annotated. (It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to adopt Resolution No. 4026. notifyinl! the Gallatin County Elections Administrator of the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202. Montana Code Annotated.l Those votine Aye beinl! Crs. Kirchhoff. Becker and Mayor Pro Tern Jacobson. Those votine No beine Cr. RUPD. Those not votine beine Mayor Krauss. The motion carried 3 - 1. 2:40:53 G. FYI/Discussion 2:41 :06 City Clerk - Inten110dal Facility RFP, Retail Condos 2:44: 17 City Clerk - Big Box Funds 2:48:32 Cr. Jacobson - Endorsement of Grafitti Grant 2:52:42 Mr. Kukulski - Orphan Fund 2:56:33 Cr. Rupp - Final Version of the Housing Ordinance 2:58:26 H. Adjournment 8 14 .. . .-. - - - ----" ---.., - - - - A TTE-ST: --"'" ",. ,. Brit Fonle,~<l~ Ci~ Clerk ...... -- .. ~----...._---- o ~L?-. ,-/ Jef K. . ss, ayor Approved on CI k l~ ., I z.()~ 9 15