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HomeMy WebLinkAboutApril 14, 2008 Minutes1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 14, 2008 ********************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, April 14, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Stacy Ulmen. 0:06:26 A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order at 6:03 p.m. 0:06:28 B. Pledge of Allegiance and a Moment of Silence 0:07:09 Changes to the Agenda Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda. 0:07:14 Chris Kukulski, City Manager Mr. Kukulski stated that there were not any changes to the agenda. 0:07:19 C. Public Service Announcement – Gallatin Earth Celebration (Fontenot) 0:07:23 Brit Fontenot, Neighborhood Coordinator Mr. Fontenot presented a power point presentation advertising the Gallatin Earth Celebration. 0:10:12 D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve Monthly Building Report for March 2008 (Doerksen) 3. Finally adopt Ordinance No. 1702, Baxter Meadows Planned Unit Development Zone Map Amendment #Z-07011 (Saunders) 0:10:18 Motion to approve items 1-3 on the Consent Agenda. It was moved by Cr. Becker, seconded by Cr. Rupp to approve items 1-3 on the Consent Agenda. 0:10:35 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 8 Linked Minutes of the Bozeman City Commission, April 14, 2008 2 0:10:53 Vote to approve items 1-3 on the Consent Agenda. Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 0:11:03 E. Public Comment Mayor Jacobson opened public comment. 0:11:28 Loren Acton-Public Comment Mr. Acton of 8490 Overlook Lane spoke in support of the work that is being done regarding lighting regulations. Mr. Acton stated that he was in orbit on the Challenger in 1985 and that he found it was interesting that the continents and islands were outlined by lights. Then he realized that it is a waste of energy. He urged the Commission to work with other regulatory commissions and committees in the Valley so that all can take into account the efficient use of outdoor lighting to save our night skies. 0:12:54 Victor Hanson-Public Comment Mr. Hanson of 2735 Harris Street spoke regarding National Library Week. He urged the Commission to think about increasing the library budget. 0:13:51 Mr. Schmidt-Public Comment Mr. Schmidt of 1429 Cherry Drive spoke regarding the lighting issue. His concern is the ball field near the interstate and Highland Boulevard. He feels it is a hazard. The Kagy Boulevard lights should be replaced. He feels the City should by trying to save energy. 0:15:14 Public Comment closed. Mayor Jacobson closed public comment. 0:15:19 F. Mayoral Proclamation – National Library Week (Mayor Jacobson) Mayor Jacobson proclaimed April 13-19, 2008 as National Library Week. 0:17:43 G. Special Presentation – Successful and Unsuccessful Examples of Outdoor Lighting in Bozeman (Dr. Joseph Shaw, Director of Optical Technology Center, Montana State University) 0:18:00 Dr. Joseph Shaw, Director of Optical Technology Center, Montana State University Mr. Shaw presented a power point presentation regarding successful and unsuccessful examples of outdoor lighting in Bozeman. Mr. Shaw showed some pictures that he took of the night sky. He highlighted issues pertaining to wasted light, and presented ways to reduce wasted light 9 Linked Minutes of the Bozeman City Commission, April 14, 2008 3 including shutting lights off when not needed, by using narrow spectrum bulbs, and the use optical filters and adequate lighting. 0:51:41 Cr. Becker Cr. Becker stated that the Commission would like to hear specific recommendations that Mr. Shaw may have to the Lighting Ordinance in the future. 0:51:48 Mr. Shaw Mr. Shaw stated that he would like to study some of the details and come back and speak to the Commission. 0:53:33 Cr. Krauss Cr. Krauss asked that Dr. Shaw consider looking at State and Federal Highway requirements for lighting. 1:00:35 H. Action Items 1:00:381. Bozeman SSA Minor Subdivision Preliminary Plat #P-08001 (Bristor) 1:00:42 Andy Epple, Director of Planning Mr. Epple presented a power point presentation regarding the Bozeman SSA Minor Subdivision Preliminary Plat. 1:03:24 Brendan Henry, C & H Engineering-Applicant representative Mr. Henry spoke regarding the conditions that are listed in the staff report. 1:04:10 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1:04:28 Motion and Vote to conditionally approve Bozeman SSA Minor Subdivision Application #P-08001based on the Planning Board recommendations and the Conditions listed on page 2 of the Staff Report. It was moved by Cr. Rupp, seconded by Cr. Bryson to conditionally approve Bozeman SSA Minor Subdivision Application #P-08001based on the Planning Board recommendations and the Conditions listed on page 2 of the Staff Report. Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 10 Linked Minutes of the Bozeman City Commission, April 14, 2008 4 1:04:57 2. Spring Creek Village Resort Zone Map Amendment #Z-08028 (Riley) 1:05:27 Doug Riley, Planner Mr. Riley presented a power point presentation regarding the Spring Creek Village. Mr. Riley stated that staff is recommending denial of the application. 1:23:14 Cr. Bryson Cr. Bryson asked what types of uses are allowed in an Urban Mixed Use (UMU) zoning designation compared to a Business Park (BP) zoning district. 1:29:48 Mr. Riley Mr. Riley stated that it is the staff's position that the request does not comply with the current City policies. That is what staff utilizes to evaluate the request. 1:32:32 Cr. Becker Cr. Becker spoke regarding the capital facilities overlay district boundary. 1:34:29 Brian Gallik- Goetz Law Firm, Applicant Representative Mr. Gallik stated that he is the Attorney for the Applicant. Mr. Gallik stated that he feels the incorrect standard is being represented to the Commission. Mr. Gallik spoke about law regarding zone changes and substantial compliance. He feels this is not in the Staff reports. He gave an example of a case in Missoula. Mr. Gallik spoke regarding the intent of the Urban Mixed Use (UMU) districts. 1:41:43 Michael Delaney-Applicant Mr. Delaney stated that he and his wife are real estate developers. Mr. Delaney spoke regarding the development of his project with the help of Dan Burdon who specializes in walk able communities. He pointed out different zoning areas within the City. Mr. Delaney handed out a template of some of his future developments. 2:04:51 Mr. Riley Mr. Riley stated that there is an issue with the final plat. 2:06:01 Cr. Bryson Cr. Bryson asked about the resort designation and if it is needed. 2:06:19 Cr. Bryson Cr. Bryson asked what a resort designation allows. 2:06:21 Mr. Delaney Mr. Delaney spoke about the resort designation. According to Mr. Delaney, a resort designation means if all laws are complied with, this property is not subject to the quota system of the state. Mr. Delaney spoke about liquor licenses. 11 Linked Minutes of the Bozeman City Commission, April 14, 2008 5 2:10:15 Cr. Bryson Cr. Bryson stated that it is his understanding that with the resort designation, there is the potential of receiving an unlimited amount of liquor licenses. 2:10:27 Mr. Delaney Mr. Delaney argued that he would not say “potentially” or “ unlimited”, it is based on need. 2:11:21 Cr. Bryson Cr. Bryson asked about the requirements of gambling in a resort area. 2:15:30 Public Comment Mayor Jacobson opened public comment. 2:15:43 Dan DeFrance-Public Comment Mr. DeFrance of 4526 Alexander Street spoke in support of the project. He feels that it is a great idea. 2:16:47 Terese Matuska-Public Comment Ms. Matuska of 4050 West Babcock stated that she is a current employee of Delaney and Company. She is supportive of the development. 2:18:08 Carl Solvie-Public Comment Mr. Solvie of 1901 South Tracy spoke regarding his objection of the project. Mr. Solvie spoke about his concerns regarding community commercial designations and possible impacts on current commercial areas. Mr. Solvie also stated his concern of the resort designation of the proposed property. 2:22:05 Ralph Ferraro-Public Comment Mr. Ferraro stated that he is a business owner of a bar in downtown Bozeman and recommends that the Commission deny the application. 2:22:38 Mike Money- Public Comment Mr. Money of 393 Slough Creek Drive stated that because his property overlooks the proposed project, he would like to encourage buffering of the area. 2:25:29 Public Comment Closed Mayor Jacobson closed public comment. 2:25:45 Mr. Riley Mr. Riley stated that staff did not raise the resort designation as an issue. There is some confusion on PUD regarding the plat note. The applicant submitted a plat note which does not match the final plat note that is on file. 12 Linked Minutes of the Bozeman City Commission, April 14, 2008 6 2:33:09 Paul Luwe, City Attorney Mr. Luwe stated that the standard that the application must meet is substantial compliance and not strict compliance. 2:39:49 Mr. Gallik Mr. Gallik stated that this is not a resort development, it is a mixed use development and he feels that the applicant's application has met substantial compliance with the City’s growth policy. 2:50:33 Motion to approve Spring Creek Village Resort Zone Map Amendment #Z-08028 as conditioned by Staff and (a friendly amendment) to include the two standards for a Zone Map Amendment. It was moved by Cr. Bryson, seconded by Cr. Becker to approve Spring Creek Village Resort Zone Map Amendment #Z-08028 as conditioned by Staff and (a friendly amendment) to include the two standards for a Zone Map Amendment. 2:50:57 Mr. Riley Mr. Riley suggested that the two standards for a Zone Map Amendment be added to the motion. 2:51:28 Cr. Bryson Cr. Bryson agreed with the suggestion to add this to the motion. 2:51:41Cr. Bryson Cr. Bryson spoke regarding his reasons for supporting the motion including what options could be available by approving the zone map amendment. 2:53:45 Cr. Krauss Cr. Krauss stated his concerns of the Zone Map Amendment. Cr. Krauss spoke regarding the intent and purpose of zoning designations. 3:03:45 Cr. Becker Cr. Becker stated that he thinks the application does meet substantial compliance. 3:09:09 Cr. Rupp Cr. Rupp stated that he finds no fault with the Staff Report. 3:09:45 Mayor Jacobson Mayor Jacobson spoke regarding her support of the zone map amendment and the proposed project. 3:12:33 Cr. Rupp Cr. Rupp reiterated that this is a zoning designation, not project review. 13 Linked Minutes of the Bozeman City Commission, April 14, 2008 7 3:15:07 Cr. Rupp Cr. Rupp stated that this application is outside the 2020 review. 3:16:53 Vote to approve Spring Creek Village Resort Zone Map Amendment #Z-08028 as conditioned by Staff and (a friendly amendment) to include the two standards for a Zone Map Amendment. Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson. Those voting No being Rupp, and Krauss. The motion carried 3-2. 3:17:05 Break 3:27:23 3. Fresco Cafe Conditional Use Permit with Certificate of Appropriateness #Z- 08038 (Riley) 3:27:32 Doug Riley, Planner Mr. Riley presented the Staff report. The applicants are requesting a beer and wine license. Staff recommends approval. 3:29:33 Bill and Susan Neubauer, Applicants Ms. Neubauer stated that there will not be any changes to the structure, they just want to sell beer and wine. 3:29:56 Cr. Bryson Cr. Bryson asked the applicants if they intend to change their hours of operation. 3:30:06 Mr. Neubauer Mr. Neubaur stated that they currently close at 9 p.m. 3:30:36 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 3:31:14 Motion and Vote to approve the Fresco Cafe Conditional Use Permit with Certificate of Appropriateness #Z-08038 as Conditioned by staff. It was moved by Cr. Krauss, seconded by Cr. Becker to approve the Fresco Cafe Conditional Use Permit with Certificate of Appropriateness #Z-08038 as Conditioned by staff. 14 Linked Minutes of the Bozeman City Commission, April 14, 2008 8 Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson. Those voting No being none. The motion carried 5-0. 3:32:01 I. FYI/Discussion 3:32:03 1. Cancellation of the Policy Meeting for Wednesday, April 23, 2008 (Kukulski/Ulmen) 3:32:31 2. Future Meeting Absences Cr. Becker stated that he will miss a meeting in May and July. Cr. Krauss may be gone May 12th. Mr. Kukulski suggested that the Commission send their schedules to the Clerk. 3:33:45 Mr. Kukulski Mr. Kukulski spoke regarding a presentation to Tech Ranch and the possible cancellations of future meetings. 3:36:08 J. Adjournment Mayor Jacobson adjourned the meeting at 9:37 p.m. ___________________________________ Kaaren Jacobson, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: _____________________________________ Stacy Ulmen, City Clerk Approved on ___________________________. 15