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HomeMy WebLinkAbout7-10-06 draft minutes 1 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 10, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, July 10, 2006, at 6:00 p.m. Present were Mayor Pro Tem Kaaren Jacobson, Cr. Jeff Rupp, Cr. Sean Becker, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Finance Anna Rosenberry, Director of Public Safety – Fire Services Chuck Winn, Director of Public Safety – Police Services Mark Tymrak, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:08:22 A. Call to Order - 6:00 p.m. - Gallatin County Courthouse, 311 West Main Street At 6:00 PM Mayor Pro Tem Jacobson called the meeting to order. 0:08:32 B. Pledge of Allegiance and Moment of Silence 0:09:26 C. Public Service Announcement Lt. Rich McLean of the Bozeman Police Department reminded the public of the construction zones especially on N. 19th. Additionally, he reminded the public of the posted speed limits. 0:11:22 D. Authorize Absence of Mayor Krauss 0:11:28 Motion and Vote to authorize the absence of Mayor Krauss. It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the absence of Mayor Krauss. Those voting Aye being Crs. Becker, Rupp, Kirchhoff and Mayor Pro Tem Jacobson. Those voting No being none. The motion carried. 0:11:42 E. Minutes - May 15 0:11:52 Motion and Vote to approve the minutes for May 15, 2006 as submitted. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the minutes for May 15, 2006 as submitted. Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Pro Tem Jacobson. Those voting No being none. The motion carried. 0:12:33 F. Consent Items 1. Authorize payment of claims (LeMeres) 2. Authorize City Manager to sign Amendment No. 2 to the Professional Services Agreement for 2 Stormwater Facility Plan (Murray) 3. Authorize City Manager to sign Gallatin Center Lot 11, Public Water Line Easement (Murray) 4. Authorize Building Superintendent to sign Custodial Contract for City Owned Buildings (Goehrung) 5. Approve Flanders Creek Final Plat (Skelton) 6. Authorize City Manager to sign Grant of Easement, Abelin Estate Rentals (Kerr) 7. Authorize City Manager to sign Release and Reconveyance of Easements for Gallatin Center Lot 12. (Murray) 8. Authorize City Manager to sign Sanitary Sewer and Water Pipeline and Access Easement for Extensions at Pebble Brook Condominiums. (Murray) 0:12:56 G. Public Comment - Consent Items Mayor Pro Tem Jacobson called for public comment. No person commented. 0:13:09 Motion and Vote to approve consent items 1 - 8 as listed above. It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to approve consent items 1 - 8 as listed above. Those voting Aye being Crs. Kirchhoff, Becker, Rupp and Mayor Pro Tem Jacobson. Those voting No being none The motion carried. 0:13:32 Public Comment Mayor Pro Tem Jacobson called for public comment. 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. 0:13:48 Public Comment - Ileana Indreland Ileana Indreland resides at 921 South 3rd Avenue. She noted that the Commission appointment to the BID board usually goes through the BID who suggests candidate(s) to the Commission. 0:15:32 H. Public Hearings- 0:15:35 1. Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 (Bristor) 0:16:12 Clarification request regarding Board notifications - Commissioner Kirchhoff 0:16:45 Clarification - City Clerk 0:17:49 Clarification - Mr. Kukulski 0:20:46 Clarification - Mayor Pro Tem Jacobson 0:21:11 Staff Report Planning Director Andy Epple stated that the applicant was not present and suggested opening and continuing the hearing to July 24, 2006. 3 0:22:59 Motion and Vote to open and continue, until later in the evening, the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111. It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue, until later in the evening, the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111. Those voting Aye being Cr. Becker, Rupp, Kirchhoff and Mayor Pro Tem Jacobson. Those voting No being none. The motion carried. 0:23:48 I. Action Items 0:23:49 1. Appoint new member to the Downtown Business Improvement District Board (BID) 0:23:59 Public Comment Mayor Pro Tem Jacobson called for public comment. 0:24:11 Public Comment - David Losesff David Losesff resides at 105 West Main Street and is a member of the BID Board. He voice support for a reappointment of Mike Hope to the BID Board. 0:27:18 Public Comment - Ileana Indreland Ileana Indreland resides at 921 South 3rd Avenue and supported Mike Hope for reappointment as well as concern for the process of the reappointment. She noted that involvement of the Property owners in the Downtown is critical. 0:37:27 Motion by Commissioner Rupp to appoint Mike Hope to the BID Board It was moved by Cr. Rupp to appoint Mike Hope to the BID Board. 0:38:30 Second to Cr. Rupp's Motion to re-appoint Mike Hope to the BID Board Cr. Kirchhoff and Cr. Becker passed on the second. Cr. Rupp's motion to appoint Mike Hope to the BID Board fails for want of a second. 0:38:52 Motion by Commissioner Kirchhoff to appoint Eric Bowman to the BID Board It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to appoint Eric Bowman to the BID Board. 0:43:28 Vote on appointment of Eric Bowman to the BID Board 4 [It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to appoint Eric Bowman to the BID Board.] Those voting Aye being Crs. Kirchhoff, Becker, Rupp and Mayor Pro Tem Jacobson. Those voting No being none. The motion carried. 0:43:43 J. Work Session 0:44:49 1. 911 Mil Levy Update 0:44:58 Mr. Kukulski City Manager Chris Kukulski introduced the 911 Mil Levy update. He noted that Director of Public Safety - Police Services Mark Tymrak, Director of Public Safety - Fire Services Chuck Winn and 911 Director Ben Hess are available to participate in the discussion. 1:16:32 2. Water facilities plan (discussion continued from June 12, 2006 ) 1:17:22 Engineer Bob Murray Engineer Bob Murray introduced Scott Smith of Allied Engineering, who presented a concise report and recommendations of the Water Facilities Plan. 2:14:04 3. City Hall/Police Department Facilities Update (Pertzborn) 2:14:07 Mr. Kukulski Mr. Kukulski briefly introduced the Work Session topic City Hall/Police Department Facilities Update. 2:17:30 Rob Pertzborn Rob Pertzborn of Intrinsic Architecture presented the City Hall/Police Department Facilities progress report. 3:19:00 Public Comment 3:19:56 Mayor Pro Tem Jacobson called for Public Comment 3:20:18 Public Comment - Thomas Mosser Thomas Mosser resides at 120 West Main Street. He provided suggestions for renovating the Emerson Cultural Center and Willson School. 3:27:25 Break Mayor Pro Tem Jacobson called a 5 minute break. 3:44:39 H. Public Hearing 3:44:42 1. Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 (Bristor) 5 3:44:43 Staff Report Planning Director Andy Epple presented the staff report. 4:01:10 Applicant The applicant, Lea Shute, appeared on her own behalf. 4:09:29 Questions for Applicant 4:09:35 Motion and Vote to suspend the rules and continue the meeting It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to extend the meeting past 10 PM. Those voting Aye being Crs. Kirchhoff, Rupp and Mayor Pro Tem Jacobson. Those voting No being Cr. Becker. The motion carried. 4:14:35 Public Comment Mayor Pro Tem Jacobson called for public comment. No person commented. 4:15:16 Motion to approve Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 (Bristor) It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code". Conditions: 1. The proposed accessory structure shall decrease to 600 square feet or less in building footprint. 2. The proposed accessory structure shall supply a six foot rear yard setback off the alley. 3. Prior to Final Site Plan approval, the applicant shall submit a modified site plan and elevations of the accessory structure to the Department of Planning that shows a 600-square foot (or less) building footprint, a six foot rear yard setback off the alley and the correct dimensions for the site vision triangle at the Willson Avenue intersection. 4. The proposed accessory dwelling unit above the garage shall not serve as a vacation rental at anytime. 6 5. Prior to Final Site Plan approval, the property owner shall create a binding deed restriction or covenant for the accessory structure, that enforces single rental restriction as described in Section 18.40.030.A, “Accessory Dwelling Units,” of the Bozeman Unified Development Ordinance. Said deed restriction or covenant shall be recorded with the County Clerk and Recorder’s Office by the property owner prior to Final Site Plan approval. 6. Prior to Final Site Plan approval, the applicant shall provide a landscape plan depicting both existing and proposed landscaping on the subject site, for final review by Administrative Design Review Staff. 7. Prior to Final Site Plan approval, the applicant shall provide a color palette and sample materials board, for final design review and approval by Administrative Design Review Staff. 8. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications. 9. The Final Site Plan shall be adequately dimensioned and a legend of all line-types and symbols utilized provided. 10. Label and dimension any existing and proposed easements and right-of-way on and adjacent to the project site. Distinguish between proposed and existing easements. 11. The sizes and locations of all public utility mains and services adjacent to the project site shall be properly depicted and labeled, as well as nearby fire hydrants. Distinguish between proposed and existing mains and services. 12. Sewer and water services shall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for services shall be completed by the applicant. 13. A city standard residential drive approach shall be constructed. The approach shall tie into the existing alley approach apron and sidewalk immediately adjacent. A construction detail shall be provided with the Final Site Plan in accordance with standard drawing No. 02529-11 if required by code. 14. Cracked or damaged sidewalk panels adjacent to site property lines shall be replaced with new sidewalk in the standard location (i.e. 1’ off property line). 15. An encroachment permit shall be obtained from the Engineering Department prior to storing any construction related materials and/or refuse in a public street right-of- way. 7 16. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 UDO. This shall be submitted as part of the Final Site Plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 17. All construction activities shall comply with section 18.74.020.A.2 UDO. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 4:32:22 Withdrawal of motion - Commissioner Becker Cr. Becker withdrew his motion and Cr. Rupp withdrew his second, to approve the Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111 as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code" (see conditions above). 4:32:41 Motion - Commissioner Becker It was moved by Cr. Becker to approve [to approve the Shute Residence Renovations]as conditioned by staff except for the ADU component. 4:43:34 Mayor Pro Tem Jacobson requested a postponement of the vote. 4:45:27 Substitute Motion - Commissioner Rupp It was moved by Cr. Rupp to grant everything requested in the application with the change in the condition that Cr. Becker referenced [as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code"] but not allow the CUP; an accessory dwelling unit (see conditions above). 4:46:18 Second to Commissioner Rupp's Motion It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to grant everything requested in the application with the change in the condition that Cr. Becker referenced [as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code"] but not allow the CUP; an accessory dwelling unit (see conditions above). 4:46:22 Mr. Kukulski - Clarification 8 Mr. Kukulski noted that before the substitute motion could be voted upon Mayor Pro Tem Jacobson should withdraw her postponement request so that the vote may occur as per the Commission's rules of procedure. 4:46:43 Mayor Pro Tem Jacobson requested a re-read of the motion 4:46:55 Clerk's re-read of Commissioner Rupp's substitute motion: It was moved by Cr. Rupp to grant everything requested in the application with the change in the condition that Cr. Becker referenced [as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code"] but not allow the CUP; an accessory dwelling unit (see conditions above). 4:47:00 Mayor Pro Tem Jacobson withdrew her request for postponement. 4:47:38 Vote on Commissioner Rupp's substitute motion [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to grant everything requested in the application with the change in the condition that Cr. Becker referenced [as conditioned by staff with one change of Condition 13, second sentence, add the phrase; "if required by code"] but not allow the CUP; an accessory dwelling unit. (see conditions above)] Those voting Aye being Crs. Rupp and Mayor Pro Tem Jacobson Those voting No being Crs. Kirchhoff and Becker. The vote resulted in a 2 - 2 tie. After reviewing the minutes of this meeting the Mayor, who was absent, will cast a tie- breaking vote on the motion above. The Mayor’s vote will be cast on July 24, 2006. 4:48:28 K. Non-Action Items 4:48:31 1. Allison Major Subdivision, Phase III, Pre-application Plan Review (Skelton) 4:49:10 Staff Report Planning Director Andy Epple presented the staff report. 4:57:38 Applicant Mr. Ray Center of Rocky Mountain Engineers appeared for the applicant. 5:27:05 Public Comment Mayor Pro Tem Jacobson called for public comment. No person commented. 5:27:41 2. FYI/Discussion 5:27:49 FYI - Mr. Kukulski Mr. Kukulski stated that Mayor Krauss questioned whether the recent arson and increased graffiti are related to gang activity and re-emphasized that public safety is a top concern. Additionally, Mr. Kukulski thanked cemetery crews. For Director of Public Works Debbie Arkell, Mr. Kukulski noted that 200 years ago on this Friday July 14, William Clark floated through the area and a 9 bicentennial celebration is scheduled for the Museum of the Rockies. Finally, Mr. Kukulski stated that a facilitator is available for August 4th 2006. 5:32:04 FYI - City Clerk Mr. Fontenot noted a change in venue for August 24th. The meeting will be held at City Hall. Also, Mr. Fontenot noted that draft agendas are available on the web. 5:32:53 FYI - Commissioner Becker Commissioner Becker stated that he will be absent from the Commission meeting on August 14, 2006. Also, Commissioner Becker stated that the fireworks issue should be addressed. He stated that he would like to be kept informed of both the arson and murder case and what affect this will have on the ride-along policy. 5:34:23 FYI - Mayor Pro Tem Jacobson Mayor Pro Tem Jacobson stated that MSU faculty and staff could be used much more than is currently done. This could be a money saving measure and additionally, it would keep funds in the community. Also, she stated that a BID member suggested that the Commission should direct the BID to draft bylaws and a three year workplan. 5:39:00 FYI - Commissioner Kirchhoff Cr. Kirchhoff stated that on July 31, 2006 the Helena City Commission will consider adopting a Resolution urging the immediate and total withdrawal of American troops from Iraq. He suggested a similar policy discussion in the City of Bozeman. Finally, he stated that many Cities and States around the country are adopting the Kyoto Protocol and attempting to conduct business within this framework. 5:40:52 L. Adjournment At 11:40 PM, Mayor Pro Tem Jacobson adjourned the meeting. ______________________________ Kaaren Jacobson, Mayor Pro Tem ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: 10 ______________________________________ Brit Fontenot, City Clerk Approved on ____________________.