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HomeMy WebLinkAbout09-19-11 LINKED City Commission Agenda THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, September 19, 2011 Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Pledge of Allegiance and a Moment of Silence Changes to the Agenda Consent Authorize Payment of Accounts Payable Claims (LaMeres) Authorize City Manager to sign and submit Grant application for the Montana Community Development Block Grant, Economic Development Program 2011 Planning Grant, in partnership with the State of Montana’s Department of Natural Resources and Conservation (Fontenot) Ratify Fire Chief's signature on 2011 Assistance to Firefighters Grant Application (Shrauger) Approve the monthly report for the Building Inspection Division for August, 2011 (Risk) Consider the motion: I move to approve consent items D. 1-4 as listed. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to three minutes. Mayoral Proclamation – Gold Star Mother's and Families' Day, September 24th Action Items Continued Consideration of Site Plan and Certificate of Appropriateness for Digital Skylines Application No. Z-11139, 705 Bridger Drive (Saunders) Consider the motion: Having heard and considered public testimony, materials presented in the packet, and finding that the application is in conformance with the requirements of the City of Bozeman, I move to approve application Z-11139 as amended by the August 3, 2011 submittal with the conditions and code requirements contained in the staff report. Public Hearing and Consideration of Audrey’s Pizza Outdoor Seating Conditional Use Permit and Certificate of Appropriateness with Deviation, Application No. Z-11198 (Riley) Consider the motion: Having reviewed the application materials, considered public comment and all information presented, I hereby move to approve Conditional Use Permit and Certificate of Appropriateness with Deviation application Z-11198 to allow a new outdoor seating area, including a setback deviation and the expansion of the sale of alcohol for on-premise consumption within the outdoor seating area, at 401 East Peach Street, commonly known as Audrey’s Pizza Oven, hereby incorporating by reference the conditions of approval and findings included in the staff report. Request to Amend Fiscal Year 2012 Transportation Impact Fee Capital Improvement Program (Saunders) Consider the staff recommended motion: Having heard and considered evidence and public testimony, I find that amending the capital improvement program to include the center turn lane of West Babcock Street west of North Cottonwood Road and the widening of North Cottonwood Road at this time is detrimental to the proper operation of the transportation impact fee program and negatively affects other prioritized projects already included on the CIP and therefore, I move to retain the Transportation Impact Fee capital improvement program as currently established. OR Consider the optional motion should the Commission wish to add one or the other items to the CIP: Having heard and considered evidence and public testimony, I find the addition of a center turn lane on W. Babcock Street and the expansion of North Cottonwood Road is both capacity expanding and not project related as both terms are defined in Chapter 3.24 of the Bozeman Municipal Code, therefore I move to add these system improvements to the FY12 Transportation Capital Improvements Program list and provide for its funding in the amount of $63,003.28 for West Babcock Street and the amount of $689,250.01 for North Cottonwood Road. Request to Amend Fiscal Year 2012 Water Impact Fee Capital Improvement Program (Saunders) Consider the staff recommended motion: Having heard and considered evidence and public testimony, I find that amending the capital improvement program to include the oversizing of the water line underlying West Babcock Street at this time is detrimental to the proper operation of the water impact fee program and negatively affects other priority projects on the CIP and therefore, I move to retain the Water Impact Fee capital improvement program as currently established. OR Consider the optional motion should the Commission wish to add the item to the CIP: Having heard and considered evidence and public testimony, I find that the oversizing of the water main from 8 inch to 12 inch diameter underlying W. Babcock Street for approximately 1,520 feet west of North Cottonwood Road is both capacity expanding and not project related as defined pursuant to Chapter 3.24 of the Bozeman Municipal Code and therefore, I move to add this improvement to the FY12 Water Capital Improvements Program list and provide for its funding in the amount of $20,065.  Continued Public Hearing and Consideration of Impact Fee Appeal No. 1102 and Impact Fee Credit Request No. 1101 from Norton and J&D Family Partnership (Saunders) Consider the motion: Having heard and considered the evidence and public testimony, I move to uphold the determination of the impact fee coordinator. OR Consider the motion: Having previously adopted motions which directed the applicant’s request for impact fee credits to be added to the water and transportation impact fee capital improvement programs and finding the request for credit consistent with the criteria for approval in Chapter 3.24 of the Bozeman Municipal Code, I move to approve the requested impact fee credits in the amounts of $20,065 from the water impact fee fund and $689,250.01 from the transportation impact fee fund subject to the conditions as recommended by staff. Need Hearing to Determine whether 700 square feet of city-owned property at 200 South Wallace is no longer needed for public use (Fontenot) Consider the motion: Having considered the information presented by Staff, I move that the Commission finds that 700 square feet of city-owned property depicted on the attached Exhibit to Certificate of Survey 460 is not needed for public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed. NOTE: Per Section 2.050.040, Bozeman Municipal Code, a two-thirds vote of all members of the Commission is necessary. AND Consider the motion: Having found that 700 square feet of city-owned property depicted on Exhibit Certificate of Survey 460 is not needed for public use, I move to direct staff to complete the steps necessary to transfer 700 square feet of property to Harrington’s Inc. and to execute an appropriate maintenance agreement on City property for building maintenance. Public Hearing and Consideration of Provisional Adoption of Ordinance No. 1816, Codifying the Bozeman Municipal Code (Sullivan) Consider the motion: I move to provisionally adopt Ordinance No. 1816, Codifying the Bozeman Municipal Code as set out in the 2011 final proof. (Re)Appointments to the Building Board of Appeals (Kissel) Consider the Motion: I move to reappoint Bob Lashaway and appoint new member Andrea Michael to the Board of Appeals. FYI/Discussion Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 20 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 20 Wednesday at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m.