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HomeMy WebLinkAbout2007-06-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 4, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 4, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Assistant City Manager Ron Brey, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney. 0:10:25 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:10 pm. 0: 10:26 B. Pledge of Allegiance and a Moment of Silence 0: 11: 11 C. Public Service Announcement - Combating Graffiti and Vandalism (Semerau) Executive Assistant Karen Semerau announced that the Gallatin Association of Realtors, in cooperation with the City of Bozeman, is sponsoring two radio PSA's to be aired for two weeks with the hopes of drawing more attention to the problem of graffiti and vandalism and encouraging the public to help. 0:15:04 Officer Ferguson Officer Ferguson stated that the City of Bozeman and the Detention Center are working together so that people with community service hours can work them off cleaning up graffiti on City property. 0: 17:40 Tricia Bailey Ms. Bailey, President of the Gallatin Association of Realtors, stated that graffiti reduces property values and hurts the value of the community experience. The Association wanted to encourage other groups to get involved helping to reduce the amount of property crime. She thanked the City Commission for their support. 0:19:12 D. Authorize the Absence of Commissioner Rupp 0: 19: 19 Motion and Vote to authorize the absence of Cr. Rupp. It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to authorize the absence of Cr. RUDD. Those votin!!: Aye bein!!: Crs. Becker. Kirchhoff, Jacobson. and Mayor Krauss. Those votin!!: No bein!!: none. The motion carried 4-0. 0: 19:29 E. Minutes - May 14,2007 0:19:36 Motion and Vote to approve the Minutes of May 14,2007. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve the Minutes of Mav 14. 2007. Those votin!! Ave bein!! Crs. Kirchhoff. Jacobson. Becker. and Mavor Krauss. Those votin!! No bein!! none. The motion carried 4-0. 0:19:47 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize the City Manager to sign the Street and Utility Easement for Saccoccia Minor Subdivision #P-070 13 (Windemaker) 3. Finally adopt Ordinance No. 1681, creating Chapter 18.19 Urban Mixed Use District (Saunders) 4. Finally adopt Ordinance No. 1704, Norton East Ranch Zone Map Amendment #Z-0612l (Sanford) 5. Adopt Resolution No. 4023, Davenport Annexation #A-06013 (Sanford) 6. Provisionally adopt Ordinance No. 1708, Davenport Zone Map Amendment #Z-06252 (Sanford) 7. Authorize the City Manager to sign Amendment No.2 for the Wastewater Facility Plan (Murray) 8. Authorize the City Manager to sign a Public Access Easement for Woodhaven Village Condos (Heaston) 9. Approve the Award of CTEP Project STPE 1299(11), Historic School Rehab - Bozeman, East Willson School Re-RoofProject (Folger) 0:19:47 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 0:20:07 Motion and Vote to approve Consent items F 1-9. It was moved bv Cr. Jaeobson. seconded bv Cr. Becker. to approve Consent items F 1-9. Those votin!! Ave bein! Crs. Jacobson. Becker. Kirchhoff. and Mavor Krauss. Those votin!! No bein!! none. The motion carried 4-0. 0:20:24 G. Public Comment Mayor Krauss opened public comment. 0:21 :54 Thomas Mosser - Public Comment 2 Thomas Mosser, of 120 West Main Street, stated that he believes there is something broken in the Planning Dept. and that the Planning Dept. has thrown up roadblocks since the beginning. On April 3, 2007, he received a memo from the Planning Dept. saying they wanted to see a minimum approach width of 24 feet. He said this causes an entire redesign of the City Hotel, which will not work. He passed out a photo of himself with Barron Hilton, Chairman of Hilton Hotels. He said the actions of the Planning Dept. have in effect overturned the City Commission's action, and he is open to a work session with the City Commission, City Manager, and Planning Director. 0:25: 14 Dave Leverett - Public Comment Mr. Leverett, of Full Circle at Four Comers Recycling, of 1014 South 6th, wanted to address the issue of glass. For the City to go curbside with recycling, the City would be looking at over $1 million in addition to investment into a facility that will drain off all the income from the rest of the recycling in order to subsidize glass. There is an affordable figure to do curbside recycling, but doing glass would put it into negative operating budget permanently. 0:26:23 Courtnev Kim! - Public Comment Ms. King, of Glassroots, of 10 14 South 6th, stated that she and a business associate have devcloped a company with a plan to utilize recycled glass. She agrees with not sending it to the landfill but finding an alternative way to collect glass and to have it sorted by color. She ean be emailed at montanagrits@yahoo.com. 0:27:10 Public Comment closed. Mayor Krauss closed publie comment. 0:27:18 H. Action Items 0:27:201. Reconsideration of Section 3 of Resolution No. 4009 as it Relates to Glass Disposal at the City of Bozeman Landfill (Fontenot) 0:28:28 Public Comment Mayor Krauss opened public comment. 0:28:38 Jeffvan den Noort - Public Comment Mr. van den Noort, representing the Montana Chapter of the Sierra Club, stated he feels that there are a lot unanswered questions about glass, and a lot of information is needed to make an informed decision: Is there a market for glass? Is curbside recycling more or less viable with glass? Will people step up to the plate for a new solution? Are there any funding sources for glass? What do citizens want for recycling and what are they willing to pay? Is there an effort to reach out to Gallatin and Park Counties? People need more information, he recommends a task force, and please reconsider the motion about glass. 0:31 :50 Jennv Martin - Public Comment Ms. Martin, of 1003 Zoot Way, encouraged the Commission to keep studying the big picture. In looking at the energy equation, remember that plastic, the usual alternative to glass, is made of petroleum products. Look beyond the City budget to grants for funding. Really consider Bozeman's role in regional recycling by participating in the Gallatin County Solid Waste District. 3 0:32:28 Brian Caldwell- Public Comment Mr. Caldwell, of 733 South Tracy, wanted to address the issue of closing the landfill even though there is sufficient volume to handle waste for 12 months. If the landfill continues to bring in construction waste, the landfill could generate considerable income (millions). Using the analogy about a City employee not generating enough money to pay his/her wage, he stated that as a community we have beliefs that go beyond pure economics. He said that different markets change with recycling products. Look at it holistically. 0:35:55 Marv Kate Boline - Public Comment Ms. Boling, of 1312 Cherry Drive, stated that she is very concerned about the challenge about recycling glass. She has been doing research for a solution, and she thinks the task force is a good idea. 0:36:40 Public Comment closed. Mayor Krauss closed public comment. 0:36:51 Steve Johnson, Sanitation Superintendent Mr. Johnson stated that he has a list of 45 people who have volunteered to be on a research committee. For glass, you need to be able to produce a product. To invest at the very minimum to produce a product they can sell, they would need a machine that costs $250,000. He mentioned recycling companies he has communicated with about this issue. With the landfill closing within a year, there will be no place to store glass if they continue to collect it. He will continue to try to find product and ways to move glass. 0:47:23 Motion to reconsider Section 3 of Resolution No. 4009, originally approved on March 26, 2007. It was moved bv Cr. Kirchhoff to reconsider Section 3 of Resolution No. 4009. orie:inally approved on March 26. 2007. 0:47:47 Cr. Kirchhoff Cr. Kirchhoff clarified that Section 3 says that the glass recyclable commodity will not be accepted, and glass will be treated as household waste. 0:48: 19 Mayor Krauss Mayor Krauss said that this item would be put on the agenda if this motion is successful. 0:48:43 Motion Seconded Cr. Jacobson seconded Cr. Kirchhoffs motion to reconsider Section 3 of Resolution No. 4009, originally approved on March 26, 2007. 0:52:33 Mayor Krauss Mayor Krauss said that they are really trying to reconsider having a fuller public hearing. The appropriate place to put this energy is to sign up for curbside recycling. Curbside recycling increases our recycling effort overall. 4 1 :09:29 Mayor Krauss Mayor Krauss said that he wanted the information ready in one week. 1 :09:41 Clarification of Motion Deputy City Clerk Cynthia Jordan Delaney clarified Cr. Kirchhoffs motion to reconsider Section 3 of Resolution No. 4009, originally approved on March 26, 2007. Mayor Krauss confirmed the addition of "and to put it on a future agenda." 1: 1 0:03 Vote to reconsider Section 3 of Resolution No. 4009, originally approved on March 26, 2007 and to put it on a future agenda. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to reconsider Section 3 of Resolution No. 4009. ori!inallv approved on March 26. 2007 and to put it on a future ae:enda. Those votine: Ave beine: Crs. Kirchhoff. Jacobson. and Mavor Krauss. Those votine: No beine: Cr. Becker. The motion carried 3-1. 1: 1 0: 12 Mayor Krauss Mayor Krauss stated that this item will be on a future agenda when the staff is ready and more analysis is prepared. In the meantime, they continue to build the mountain of glass. 1:10:442. Hope Lutheran Church Conditional Use Permit #Z-07088 (Riley) 1: 11:01 Doug Riley, Associate Planner Mr. Riley presented the staff report. 1: 18:35 Dan Larson, Applicant Mr. Larson, of 4 Lariat Loop, is Co-Chair of the Hope Lutheran Expand Our Mission Steering Committee that has been leading the long process on behalf of the congregation through the planning stages for their new church home. They are seeking to replace their existing Grand Avenue facility that is over 55 years old with a new expanded facility to offer morc services and activities to church members and the community. They have worked with City staff and the Meadow Creek Subdivision. 1 :23 :48 Public Comment opened. Mayor Krauss opened public comment. 1 :23 :54 Ted Lanee - Public Comment Mr. Lange, of the Gallatin Valley Land Trust, of25 North Willson, expressed his strong support for the staff condition of the 10 foot path (rather than the 5 foot sidewalk), and he thanked Hope Lutheran Church for their support of that condition. The intersection of Graf and 19th will be a critically important signalized crossing of 19th to the schools. Because of all the residential development coming in, he wants to make sure there is a clear corridor to get to that intersection. 1 :24:35 Public Comment closed. 5 Mayor Krauss closed public comment. 1 :40:58 Motion to approve the Hope Lutheran Church Conditional Use Permit as conditioned by staff. It was moved by Cr. Becker. seconded bv Cr. Kirchhoff. to approve the Hope Lutheran Church Conditional Use Permit as conditioned bv staff. Conditions: Plannine Related: 1) As required under Chapter 18.48 of the Unified Development Ordinance (UDO). the landscapine plan shall be amended to provide parkinelot screenine alone: South 20th Avenue and to detail the boulder locations as referenced in the landscapine: points calculations. The final site plan shall also desie:nate appropriate snow removallstorae:e areas. 2) The landscapine: plan shall be amended to vary the street tree species alone: South 20th Avenue to match what is beine: installed alone: Graf Street and Enterprise Boulevard as noted in the review comments by Ryon Stover of the Forestrv Department. 3) Bike racks shall be detailed on the final site plan in accordance with Section 18.46.040.E of the UDO. 4) Except for street lie:htine: and security lie:htine:. alllie:htine: shall be turned off between the hours of 11:00 p.m. and 6:00 a.m. as required under Section 18.42.150.D.7.c. of the UDO. 5) The final site plan shall detail a permanent enclosure for the temporary storaee of e:arbae:e. refuse and other materials in accordance with the standards of Section 18.42.170 of the UDO. 6) Any future expansions. new uses or other chane:es to the property or facility will warrant additional review as required under Section 18.34.160 of the UDO. 7) Upon submittine: the final site plan for approval bv the Plannine: Director and prior to issuance of a buildine permit, the applicant will also submit a written narrative outlinine how each of the conditions of approval and code provisions have been satisfied. 8) Buildine: permits will not be issued prior to installation and City acceptance of the infrastructure improvements unless all provisions set forth in Section 18.74.030.D of the UDO are met to allow for concurrent construction. 9) Occupancy will not be eranted until all underlyine: site infrastructure has been installed and accepted by the City. 6 Administrative Desien Review Related: 10) A typical materials sample board and color palette shall be provided for review and approval prior to final site plan approval. This includes samples and manufactures specifications for all surface materials. roofine. window types. framine. etc. 11 ) Because of the residential proximity. a darker anodized aluminum store front is preferred over a brushed aluminum finish. 12) The eutters and downspouts should serve as an additional architectural feature that compliments the materials and color vocabulary of the structure. This feature should also be conscious of the color palette for the aluminum store front window framine. 13) The applicant shall provide a temporary enclosed refuse storaee area. includine a typical detail with dimensions on the final site plan. for the storaee and collection of buildine material debris durine the construction phase of the proiect. and that said debris area is noted accordinely on the final site plan. Eneineerine Related: 14. Per section 18.44.090.C.2.b(1). the maximum allowed width for a commercial drive access is 35 feet. Unless a variance is requested and eranted by the City Commission. the access onto Graf Street shall be reduced in width to comply. 15. The entire width of North 20th Avenue shall be constructed from Enterprise Drive to Graf Street. 16. An easement shall be provided for the stormwater detention pond that is receivine the runoff from 20th. 17. The northern portion of Enterprise Drive that is not beine constructed as part of Meadow Creek subdivision shall be constructed as part of this proiect. 18. A cleanout or manhole shall be installed at the transition between the 8" sewer stub and the 6" service line. Fire Department Related: 19. Two hydrants shall be installed on the site with the final location to be approved by the Fire Marshall and Development Eneineer as part of final site plan approval. Parks and Recreation Related: 20. A 10' walkway shall be provided alone Graf Street to continue the bicYcle and pedestrian pathwav from the east toward the west. 7 1 :42:05 Mayor Krauss Mayor Krauss said that he is not inclined to support the onc condition that requires 20th. He gave many examples of larger institutions around Bozeman where roads stop and then go around it. He said that requiring this one institution to put in both sides of the road, sidewalks, curbs and gutter, streets, and trees-to build our street for us-is too much. 1 :43:37 Cr. Jacobson Cr. Jacobson agreed with Mayor Krauss. 1 :44:53 Amendment to Motion Cr. Jacobson made an amendment to thc original motion to remove condition 15: "The entire width of North 20th Avenue shall be constructed from Enterprise Drive to Graf Street." 1 :45: 14 Motion Seconded Mayor Krauss turned the gavel over to Cr. Jacobson (calling her "Vice Mayor") and seconded the amendment. He said that she will handle that for the remainder of this Action item. 1 :46:08 Vote on the amendment to remove condition 15: "The entire width of North 20th Avenue shall be constructed from Enterprise Drive to Graf Street." Vote on the amendment to remove condition 15: "The entire width of North 20th Avenue shall be constructed from Enterprise Drive to Graf Street. " Those votin!! Ave bein!! Mavor Pro Tern Jacobson and Cr. Pro Tern Krauss. Those votin!! No bein!! Crs. Becker and Kirchhoff. The motion tied 2-2. 1 :47:14 Mr. Brey Mr. Brey statcd that the Commission will pick up the amendment when Cr. Rupp returns. Pending the outcome of the amendment, they will vote on the motion. 1:47:52 Break 2:03:353. (Bristor) Brown Garage Certificate of Appropriateness with Deviations #Z-07102 2:03:53 Allyson Bristor, Associate Planner Ms. Bristor presented the staff report. 2:09:11 Richard Brown, Applicant Mr. Brown, of 507 W Babcock, said that he will agree to conform to all the conditions, but he wanted to discuss the condition about the length of the garage. Today the Planning staff sent an email sayingthelengthofthegarageshouldbe33ft.to 33 ft. 5 inches. That doesn't allow for walls or inside access to the art space upstairs. He will agree to taking away the upstairs deck and make the building smaller, but he wants condition 3, being allowed to put in interior stairs. 8 2:14:15 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:25:52 Motion to approve this proposal with conditions. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve this proposal e:iven that the internal dimensions allow for the three cars and the internal staircase need to be fullv worked out to the satisfaction of staff in consultation with the applicant. The interior space should allow three cars with additional width provided for an interior wall and exterior walls. and it would be e:ood to have an internal staircase. 2:27:51 Ms. Bristor Ms. Bristor stated that the applicant suggested a length of 36 feet that would work, and staff might recommend removing conditions 1 B and 1 C and instead there will be a revised D or B. 2:28:53 Clarification of Motion Mr. Epple clarified that he thinks they understood the notion of three cars, enough room for wall space as necessary, including an interior stairway. As the applicant represented, approximately 36 feet in length. 2:29:07 Mayor Krauss Mayor Krauss stated that the motion as stated by Mr. Epple is clear. 2:29: 11 Clarification of Motion Mr. Epple added to the clarified motion: "and otherwise conditioned by staff." 2:29:14 Cr. Kirchhoff Cr. Kirchhoff confirmed that he didn't change any conditions. 2:29: 17 Clarification of Motion Mayor Krauss included "recognizing the code provision on the half walls," and both Crs. Kirchhoff and Jacobson agreed that this was acceptable to them. 2:29:22 Vote on Final Motion to approve this proposal with conditions. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve this proposal e:iven that the internal dimensions allow for the three cars and the internal staircase need to be fullv worked out to the satisfaction of staff in consultation with the applicant. The interior space should allow three cars with additional width provided for an interior wall and exterior walls. and it would be e:ood to have an internal staircase. As the applicant represented. it will be approximatelv 36 feet in lene:th. otherwise conditioned bv staff and recoe:nizine: the code provision on the half walls. Those votine: Ave beine: Crs. Kirchhoff. Jacobson. Becker. and Mavor Krauss. 9 Those votine: No beine: none. The motion carried 4-0. Revised Conditions: The applicant shall supply the Department of Plannine: & Community Development a revised site plan showine: the followine: chane:es: a. Accurate location of all existine: and proposed water and sewer lines. b. Garae:e width to accommodate three cars, includine: space for interior walls and interior staircase, which shall be approximately 36 feet. 2. The applicant shall supply the Department of Plannine: & Community Development rcvised e:arae:e elevations showine: the followine: chane:es; a. Any chane:es required with the condition as stated above. b. Removal of the exterior deck on the 2nd floor of the north elevation. c. Decrease in dormer widthllene:th to that is no more than 50-percent of the e:able ride:e lene:th. 3. The applicant shall supply the Department of Plannine: & Community Development a west elevation of the proposed e:arae:e and existine: house that shows the alley. 4. No kitchen unit of any kind (includine: a stove. full size rcfrie:erator or kitchen/utility sink) shall be installed on the 2nd floor of the e:arae:e. 5. Under no circumstances shall the 2nd floor of the e:arae:e be occupied as a dwelline: unit. 6. No new construction of any kind is pcrmitted to occur ovcr existine: and/or proposed water and sewer lines. 7. Any proposed water and sewer line shall be a minimum of 10 feet from existine: trees. 8. Prior to issuance of any type of buildine: permit (includine: Demolition Permits), the applicant shall provide a color palette and materials board for final desie:n review and approval by Administrative Desie:n Review Staff (detailed photoe:raphs may be considered sufficient). 2:31 :04 4. Revisions to Chapter 3.24 of the Bozeman Municipal Code, Impact Fees (Saunders) 2:31: 17 Public Comment 10 , Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:31 :38 Chris Saunders, Assistant Director of Planning Mr. Saunders presented the staff report. 2:37: 15 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:37:27 Motion to continue this public hearing to July 23. It was moved by Cr. Jacobson. seconded by Cr. Becker. to continue this public hearin!!: to July 23. 2:38:29 Vote to continue this public hearing to July 23. [It was moved by Cr. Jacobson. seconded by Cr. Becker. to continue this public hearin!!: to July 23.1 Those votin!!: Aye bein!!: Crs. Jacobson. Becker. Kirchhoff. and Mavor Krauss. Those votin!!: No bein!!: none. The motion carried 4-0. 2:38:36 S. Appointments to the Community Alcohol Coalition (Delaney) 2:38:49 Motion to approve the appointment of Ellie Staley and Becky Johnson. It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to approve the appointment of Ellie Staley and Beckv Johnson. 2:39:00 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 2:39:02 Vote to approve the appointment of Ellie Staley and Becky Johnson. [It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to approve the appointment of Ellie Staley and Becky Johnson.l Those votin!!: Aye bcin!!: Crs. Becker. Kirchhoff. Jacobson. and Mayor Krauss. Those votin!!: No bein!!: nonc. Thc motion carried 4-0. 11 \ 2:39: 14 Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney asked the Commission to make a motion to have the Non-Hospitality Local Business Representative have the last three weeks of this term and then do the new term (to extend the term of Ellie Staley from June 30, 2007 to a term that expires on June 30, 2010). 2:39:37 Motion and Vote to have the Non-Hospitality Local Business Representative have the last three weeks of this term and do the new term. It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to have the Non-Hospitality Local Business Representative have the last three weeks of this term and then do the new term (to extend the term of Ellie Stalev from June 30. 2007 to a term that expires on June 30. 2010). Those votine: Aye beine: Crs. Becker. Kirchhoff. Jacobson. and Mayor Krauss. Those votine: No beine: none. The motion carried 4-0. 2:39:576. Appointment to the Historic Preservation Advisory Board (Delaney) 2:39:58 Mayor Krauss Mayor Krauss postponed the appointment at Cr. Rupp's request. 2:40:13 7. Appointments to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) 2:40:50 Motion to appoint these two people to their respective positions on the CAHAB. It was moved bv Cr. Becker. seconded by Cr. Kirchhoff. to appoint these two people to their respective positions on the CAHAB (Robert Conor Evans to Buildin! Industry Professional and Connie Garrett to Real Estate Sales). 2:43:33 Vote to appoint these two people to their respective positions on the CAHAB. [It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to appoint these two people to their resoective positions on the CAHAB (Robert Conor Evans to Buildine: Industry Professional and Connie Garrett to Real Estate Sales).] Those votine: Aye beine: Crs. Becker. Kirchhoff. Jacobson. and Mayor Krauss. Those votin! No beine: none. The motion carried 4-0. 2:43:39 I. FYI 2:43:47 Cr. Becker Cr. Becker stated that he wanted to use money from the Commissioner travel budget to attend the Greater Yellowstone Coalition Annual Meeting in Cody, WY. 12 , 2:49:22 Cr. Jacobson Cr. Jacobson is meeting with someone at the University to open official dialogue regarding student housing and problems in neighborhoods. 2:50:22 Ms. Delaney Ms. Delaney reminded the Commissioners ofthe Policy Meeting this Thursday. 2:50:51 Mr. Epplc Mr. Epple updated the Commissioners that there wouldn't be a Rialto presentation on June 18. 2:51 :38 J. Adjournment Mayor Krauss adjourned the meeting at 8:50 pm. ~~a. J ef K. uss, ayor - ---- - r ATTEST: &'& - ~) Stacy Ulme~ PREPARED BY: Cy aney, Deputy City Cle Approved on .5"1 f~ cJ-~ ;2001 13