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Home My WebLink About12-04-06LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 13, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, November 13, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Services Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy City Clerk Stuart John Bernard. 0:24:19 [17:36:07] A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse, 311 West Main Mayor Krauss called the meeting to order at 6:06 PM. 0:24:21 [17:36:09] B. Pledge of Allegiance and Moment of Silence 0:25:10 [17:36:24] Changes to Agenda The location had to be changed due to an asbestos issue at the County Building 0:25:54 [17:36:43] C. Public Service Announcement 0:26:29 [17:42:05] 2006 Beautification Awards Associate Planner Susan Kozub presented the 2006 Beautification Awards. 0:31:35 [17:42:49] D. Consent 1. Authorize payment of claims (LaMeres) 2. Approve professional services agreement with HDR for update to the Fire Impact Fee (Saunders) 3. Authorize amendment to contract with HDR to revise indemnification language (Saunders) 4. Approve Mengel Annexation #A-06009 (Skelton) 5. Ratify City Manager's Signature on Montana Department of Commerce - Big Sky Economic Development Trust Fund, Management Plan, with Gallatin Development Corporation (Rosenberry) 6. Authorize Mayor to sign a letter supporting the Streamline "bussel back" style busses (Fontenot) 7. Authorize City Manager to sign Public Access Easement for Baxter Springs Condos (Johnson) 8. Provisionally Adopt Ordinance 1683 amending the City Acquisition Rules (Kukulski) 9. Provisionally Adopt Ordinance 1682 Revising Building Fees (Poulsen) 10. Adopt Resolution 3980 Clarifying the ownership of a right-of-way (Bernard) 0:32:17 [17:43:40] Motion - It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1 - 10 as listed. 0:33:25 [17:44:33] Questions for Staff - Rupp 0:34:26 [17:47:37] Vote - to approve Consent items 1 - 10 as listed. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 0:34:41 [18:04:51] 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. 0:35:13 [18:04:52] Public Comment - Brianne Barber Brianne Barber of 308 S 5th Ave. a student, talked about global warming, and proposed a project from Burlington, VT to reduce energy by 10%. 10percentchallenge.org 0:38:27 [18:05:58] Discussion - Becker 0:39:51 [18:06:27] Public Comment - Debbie Pendland Debbie Pendland of 429 E. Story spoke in favor of the parking lot at Burke Park and spoke in favor of sidewalk. 0:42:51 [18:13:00] F. Action Items 0:42:54 [18:14:10] 1. Mengel Zone Map Amendment #Z-06192 (Skelton) 0:43:18 [18:15:05] Staff Report Senior Planner Dave Skelton presented the Staff Report 0:54:20 [18:15:24] Applicant Dab Dabney spoke for the Applicant. 0:54:50 [18:15:59] Public Comment - Janet Swenson Janet Swenson of 4959 Swenson Rd spoke against the zoning designation of the Mengel Zone Map Amendment. 1:02:00 [18:19:58] Public Comment - Bob Swenson Bob Swenson of 4959 Durston Rd understands expansion in the city happens, but feels that the annexations will make some unhappy. 1:12:06 [18:23:46] Applicant Dan Derby spoke of the future plans for the parcel. 1:13:42 [18:24:11] Motion - It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve the Mengel Zone Map Amendment application for an initial municipal R-1 zoning designation based on the recommendations outlined in the staff report and Zoning Commission Resolution #Z-06192. 1:15:35 [18:43:13] Vote - to approve the Mengel Zone Map Amendment application for an initial municipal R-1 zoning designation based on the recommendations outlined in the staff report and Zoning Commission Resolution #Z-06192. Those voting Aye being Crs. Rupp, Jacobson. Those voting No being Crs. Becker, Kirchhoff, and Mayor Krauss. The motion failed. 1:16:18 [18:46:07] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Mengel Zone Map Amendment application for an initial municipal R-2 zoning designation based on the recommendations outlined in the staff report and Zoning Commission Resolution #Z-06192. Those voting Aye being Crs. Becker, Kirchhoff, and Mayor Krauss. Those voting No being Crs. Rupp, Jacobson. The motion carried. 1:18:56 [18:48:11] 2. Senior Citizens Advisory Board Appointments (Bernard) 1:19:54 [18:49:53] Motion - It was moved by Cr. Jacobson to appoint Ken Tiahrt, Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board. 1:22:02 [21:38:34] Second - It was seconded by Cr. Rupp, to appoint Ken Tiahrt, Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board. 1:23:18 [21:42:06] Vote - to appoint Ken Tiahrt, Robert Seltzer, and Sheila Velazquez to the Senior Citizens Advisory Board. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 1:23:39 [18:55:16] 3. Mandeville Farm Tax Increment Financing Industrial District - PUBLIC HEARING (Kukulski) 1:23:46 [18:55:47] Staff Report City Manager Chris Kukulski presented the staff report. 1:29:49 [18:56:07] Public Comment There was no public comment 1:30:09 [18:57:09] Questions for Staff - Becker 1:31:26 [18:57:53] Craig Campbell Manager Bozeman Unit DNRC 1:33:27 [19:00:08] Discussion - Krauss 1:37:57 [21:42:22] Staff - Deputy City Clerk Stuart John Bernard 1:38:21 [19:00:42] Motion and Vote - It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Mandeville Farm Tax Increment Financing Industrial District. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 1:38:37 [19:01:36] Motion and Vote - It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance 1684 Creating the Mandeville Farm Tax Increment Financing Industrial District (TIFID) as amended to change a date in the resolution. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 1:39:19 [19:03:05] 4. North 7th Urban Renewal Plan - PUBLIC HEARING (Brey) 1:39:32 [19:04:44] Staff Report Assistant City Manager Ron Brey presented the staff report 1:58:17 [19:05:22] Public Comment - Bernie Jones Bernie Jones of Darigold spoke for the North 7th Urban Renewal District, but mentioned disinterest in one of the proposed roads that would go thru their building. 1:59:32 [19:05:25] Public Comment - Mike Hope Mike Hope of 2215 Arrowleaf Hills Drive supports the plan and thanked Ron Brey for all his work. 2:00:22 [19:11:40] Public Comment - Ben Ben (last name unintelligible) of 621 N Bozeman spoke in favor of alternative forms of transportation in the plan. 2:20:15 [19:41:58] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchoff, to approve the North 7th Urban Renewal Plan. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 2:20:31 [19:42:51] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to provisionally adopt Ordinance 1685 Adopting an Urban Renewal Plan for the North Seventh Avenue corridor and adjacent properties. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 2:20:58 [19:43:51] Break 2:41:48 [19:47:21] 5. 3303 Sora Way Conditional Use Permit for Accessory Dwelling Unit, #Z-06242 - PUBLIC HEARING (Knight) 2:42:06 [19:49:35] Staff Report Assistant Planner Martin Knight presented the staff report for 3303, 3332, and 3366 Sora Way 2:52:32 [20:03:53] Motion - It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Application No. Z-06242 with the conditions of approval as outlined in the Staff Report. 2:54:01 [20:25:23] Vote - to approve Application No. Z-06242 with the conditions of approval as outlined in the Staff Report. Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson Those voting No being Crs. Rupp and Mayor Krauss The motion carried. Conditions of Approval: Planning: 1. Parking shall be provided for all uses in accordance with UDO Section 18.46 “Parking`.” Parking for accessory dwelling units may not provided on-street. A 26- foot setback is required for a garage with stacked parking off an alley. 2. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard. 3. Accessory structures may not occupy more than 20 percent of the area of the lot located to the rear of the principal building. Lot coverage calculations shall be included on the site plan for Final Site Plan submittal. 4. Evidence that the proposed development (s) have been reviewed and approved by the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal. 5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be provided. 6. Any utility lines and easements shall be accurately depicted on the Final Site Plan and Landscape plan. Proposed extensions and additions shall be labeled “proposed.” 7. The proposed project shall be completed as approved and conditioned in the Conditional Use Permit and Variance applications. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications. 8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall be obtained as required by the Building Division prior to commencement of any tenant improvements. Engineering: 1. A dedicated sewer service shall be provided for the accessory dwelling unit. 2. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. 1’ off property) and shall not be installed in the street boulevard. 2:54:15 [20:25:28] 6. 3332 Sora Way Conditional Use Permit for Accessory Dwelling Unit, #Z-06243 - PUBLIC HEARING (Knight) 2:54:20 [20:29:04] Motion and Vote - It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Application No. Z-06243 with the conditions of approval as outlined in the attached Staff Report. Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson Those voting No being Crs. Rupp and Mayor Krauss The motion carried. Conditions of Approval: Planning: 1. Parking shall be provided for all uses in accordance with UDO Section 18.46 “Parking`.” Parking for accessory dwelling units may not provided on-street. A 26- foot setback is required for a garage with stacked parking off an alley. 2. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard. 3. Accessory structures may not occupy more than 20 percent of the area of the lot located to the rear of the principal building. Lot coverage calculations shall be included on the site plan for Final Site Plan submittal. 4. Evidence that the proposed development (s) have been reviewed and approved by the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal. 5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be provided. 6. Any utility lines and easements shall be accurately depicted on the Final Site Plan and Landscape plan. Proposed extensions and additions shall be labeled “proposed.” 7. The proposed project shall be completed as approved and conditioned in the Conditional Use Permit and Variance applications. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications. 8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall be obtained as required by the Building Division prior to commencement of any tenant improvements. Engineering: 1. A dedicated sewer service shall be provided for the accessory dwelling unit. 2. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. 1’ off property) and shall not be installed in the street boulevard. 2:54:44 [20:29:34] 7. 3366 Sora Way Conditional Use Permit for Accessory Dwelling Unit, #Z-06244 - PUBLIC HEARING (Knight) 2:54:56 [20:30:24] Motion and Vote - It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Application No. Z-06244 with the conditions of approval as outlined in the attached Staff Report. Those voting Aye being Crs. Becker, Kirchhoff, and Jacobson Those voting No being Crs. Rupp and Mayor Krauss The motion carried. Conditions of Approval: Planning: 1. Parking shall be provided for all uses in accordance with UDO Section 18.46 “Parking`.” Parking for accessory dwelling units may not provided on-street. A 26- foot setback is required for a garage with stacked parking off an alley. 2. Accessory structures greater than 600 square feet shall not be located in any required front, rear, or side yard. 3. Accessory structures may not occupy more than 20 percent of the area of the lot located to the rear of the principal building. Lot coverage calculations shall be included on the site plan for Final Site Plan submittal. 4. Evidence that the proposed development (s) have been reviewed and approved by the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal. 5. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be provided. 6. Any utility lines and easements shall be accurately depicted on the Final Site Plan and Landscape plan. Proposed extensions and additions shall be labeled “proposed.” 7. The proposed project shall be completed as approved and conditioned in the Conditional Use Permit and Variance applications. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications. 8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall be obtained as required by the Building Division prior to commencement of any tenant improvements. Engineering: 1. A dedicated sewer service shall be provided for the accessory dwelling unit. 2. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. 1’ off property) and shall not be installed in the street boulevard. 2:55:31 [20:31:32] 8. Walton Homestead Planned Unit Development/Conditional Use Permit Modifications II (Lot 11), #Z-06237 - PUBLIC HEARING (Kozub) 2:58:52 [21:42:45] Staff Report Andy Epple presented the staff report 3:03:39 [20:33:16] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Conditional Use Permit allowing a modification to the Walton Homestead Planned Unit Development for Lot 11, #Z-06237 as conditioned by staff. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. Conditions of Approval: 1. The approval for the 3,555 square foot lot shall only apply to Lot 11, Block 5, Walton Homestead Planned Unit Development. 3:04:47 [20:34:09] G. Non-Action Items 3:05:59 [20:35:07] 1. City Lands Inventory Report (Goehrung) 3:21:17 [20:49:50] H. FYI/Discussion 3:21:28 [21:24:06] 1. Board of Adjustments Application Status (Bernard) 3:27:36 [20:58:50] FYI - Kukulski - Durston Update 3:39:52 [21:17:00] FYI - Kukulski Structure Report on Lamme Street Library 3:44:14 [21:18:06] FYI - Kukulski South 19th Lightining 3:45:59 [21:18:32] FYI - Epple - Susan Kozub leaving the Planning Department 3:47:29 [21:19:16] FYI - Epple - Deconness land swap meeting 3:51:27 [21:20:10] FYI - Jacobson map readablity 3:53:40 [21:21:50] FYI - Rupp Letter response 3:55:35 [21:23:53] I. Adjournment Mayor Krauss adjourned the meeting at 10:01 PM. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Stuart John Bernard, Deputy City Clerk Approved on ____________________.