HomeMy WebLinkAbout6 - 23, 2007_6MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 23, 2007
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, April 23, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City
Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and
City Clerk Brit Fontenot.
A. Call to Order – 6:00 pm – Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order.
B. Pledge of Allegiance and a Moment of Silence
C. Public Service Announcement – Recycling (Johnson)
Solid Waste Superintendent Steve Johnson updated the Commission and the public on recent
changes at the City Landfill. The new hours are 8:00 am to 3:30 pm Tuesday through Saturday.
Refuse from Gallatin County residents is now welcome. The City Landfill is now accepting
household refuse, compost, white-goods, and recycling.
Mr. Johnson also provided a recycling update. He stated that Headwaters recycling currently
collects twice a week, and the City has tried unsuccessfully to get collections increased to three
times a week. The County Solid Waste Management District has committed to service the sites in
the future, and plans to add sites in the County.
Mr. Johnson updated the Commission and the public on the current glass recycling situation.
Initially, he stated, glass was recycled at Holcim until the Department of Environmental Quality
decided that Holcim could no longer use the glass in their cement making process. Since then, glass
has been “re-used” in the following applications; crushed with gravel, crushed and mixed with dirt
for landfill cover, and with landfill closing. He envisioned no future use for the glass.
Mr. Johnson updated the Commission and the public on the status of the Household Hazardous
Waste Facility (HHW). He stated that the operations of the facility are in cooperation with the
Gallatin Local Water Quality District with an anticipated opening in late May of 2007. He stated
that the facility will be open to all residents of Gallatin County on Saturdays only, and by
appointment only, and noted that detailed brochures will be available soon.
Mr. Johnson updated the Commission and the public on the possibilities of curbside recycling. He
stated that currently the Solid Waste Division is researching the possibility for residential pickup
66
once a week, with the commodities delivered to Four Corners Recycling for processing. He stated
that the approximate cost would be $10 to $12 per month.
Finally, Mr. Johnson stressed the need for community input and requested that interested citizens
contact the City of Bozeman Solid Waste Division at 582-3208 to voice an opinion on curbside
recycling.
D. Minutes – March 19, 2007 and April 12, 2007 Policy Meeting
Motion and Vote to approve the minutes of March 19, 2007 and April 12, 2007 Policy Meeting
as submitted.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of March 19,
2007 and April 12, 2007 Policy Meeting as submitted.
Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Kirchhoff.
The motion carried 4 – 0.
Public Comment – Consent
Mayor Krauss called for public comment on the Consent agenda.
No person commented.
E. Consent
1. Authorize payment of claims (LaMeres)
2. Approve recommendation of award for 2007 Bozeman Aerial
Photography Project (Henderson)
3. Provisionally adopt Ordinance 1697, Bridger Creek Phase I Zone Map
Amendment (Knight)
4. Approve the Ridge Planned Unit Development Major Subdivision
Findings of Fact, #P-06063 (Knight)
5. Approve the Loyal Garden Major Subdivision Master Park Plan (Morris)
Motion and Vote to approve Consent items 1 – 5 as listed above.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items 1 – 5 as
listed above.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5 – 0.
2
67
F. Public Comment - This was the time for individuals to comment on matters falling within
the purview of the Bozeman City Commission. There was also an opportunity in conjunction with
each agenda item for comments pertaining to that item.
Public Comment – Michael Vincent
Mr. Vincent owns property from 17 – 19 S. Tracy and requests that the City consider night-time
side street parking. He noted that his tenants do not have parking. Mr. Vincent stated that side
street parking would be beneficial for both downtown residents and visitors.
Public Comment – Cathy Costakis
Ms. Costakis resides at 408 Bonner Lane and thanked Mayor Krauss for proclaiming April 23-29,
2007 National TV Turnoff Week. She distributed a related newspaper insert and pledge to the
Commission and referenced a study in which the key finding was that children were spending an
average of 6.5 hours per day connected to media, and this is having a negative impact on both
children and adults.
Public Comment – David Leverett
Mr. Leverett resides at 1014 S. 6th Avenue and is the owner of Full Circle and Four Corners
Recycling. Mr. Leverett reminded the Commission that glass recycling is currently not cost
effective. He stated that efforts to conserve energy and resources would be better focused in other
areas of recycling. Mr. Leverett stated, in response to Cr. Becker, that his organization is currently
processing recycling from the City and Headwaters. He noted that the big question concerning Full
Circles’ decision to implement a materials recycling facility (MRF) is the commitment of the City
and the anticipated volume due to substantially increased cost of operations.
G. Mayoral Proclamations
Mayor Krauss proclaimed the following:
1. TV Turn-off Week, April 23-29, 2007
Mayoral Proclamation
TV Turnoff Week
April 23-29, 2007
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, the average American child watches more than 1,250 hours of television each year
while spending only 900 hours in school; and
WHEREAS, participants in TV Turnoff Week engage in a broad range of screen-free activities that
foster greater social, physical, academic and creative development; and
WHEREAS, many individuals and organizations in our community are joining with people across
the globe in observing Turnoff Week; and
WHEREAS, this year marks the 13th annual TV Turnoff Week and to date, millions have
participated and benefited from their involvement.
3
68
NOW THEREFORE, I, Jeff Krauss, Mayor of the City of Bozeman do hereby proclaim April 23-
29, 2007 as TV Turnoff Week.
DATED this 23rd day of April 2007
Jeff Krauss, Mayor
2. Arbor Day, April 27, 2007
Mayoral Proclamation
Arbor Day
April 27, 2007
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, natural areas, trees, and landscapes provide not only community beautification but
also economic and environmental benefits; and
WHEREAS, trees provide many benefits to the community, including air purification, windbreaks,
noise reduction, shade and energy savings; and
WHEREAS, planting trees and maintaining older trees provides an opportunity for community
interaction, volunteerism, economic development, and environmental conservation; and
WHEREAS, our efforts to improve the environment benefit present and future generations; and
WHEREAS, Arbor Day in Montana is officially the last Friday in April.
NOW THEREFORE BE IT RESOLVED that I, Jeff Krauss, Mayor of the City of Bozeman,
Montana, do hereby proclaim Friday, April 27, 2007 as Arbor Day in Bozeman, and encourage
citizens to participate in appropriate activities and to take advantage of the benefits of the parks and
other natural areas in our community.
DATED this 23rd day of April 2007
Jeff Krauss, Mayor
H. Action Items
1. Color World Addition Site Plan/Certificate of Appropriateness/Deviations
#Z-07048, opened and continued from April 9 (Bristor)
Associate Planner Allyson Bristor presented the staff report.
Applicant Mike Burgard, owner of Color World, appeared his own behalf.
Public Comment
Mayor Krauss called for public comment.
4
69
No person commented.
Motion and Vote to approve the Color World Addition Site Plan and Certificate of
Appropriateness with Deviations application #Z-07048 as conditioned by staff.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Color World
Addition Site Plan and Certificate of Appropriateness with Deviations application #Z-07048
as conditioned by staff.
Conditions of Approval:
1. A shared access easement shall be established with the property owner to the
east, to allow Color World business traffic the use of their drive access off the
rear alley (to the east of the proposed parking lot). The Final Site Plan
submittal shall include the notarized and certified copy of the access easement.
2. The Final Site Plan submittal shall clearly depict the breakdown of required
and supplied parking for both the existing building and proposed addition. Per
UDO Chapter 18.46, the parking lot shall supply all required parking spaces
for all buildings’ uses (except for the ADA accessible space which may be
provided on-street along Mendenhall Street).
3. One (1) ADA accessible parking space shall be provided in addition to the other
required parking and shall either be located within the proposed parking lot or
on-street along Mendenhall Street. If added to the parking lot, the ADA
parking space shall provide an 8-foot aisle and shall be signed as “Van
Accessible.” Approval for on-street accessible parking shall be obtained from
the Director of Public Services.
4. The Final Site Plan submittal shall show 60-degree angled parking with a 23-
foot, two-way traffic drive aisle, in the proposed parking lot. The angled
parking spaces shall follow the flow of oncoming traffic.
5. The Final Site Plan submittal shall show each non-compact parking space shall
be 20 feet in length when measure from a painted line on the inside edge of the
stall, or 18 feet in length when measure from a curb on the inside edge of the
stall.
6. The Final Site Plan submittal shall show a maximum of five (5) compact sized
parking spaces (a maximum of 25% of the provided parking spaces in the
parking lot may be reduced in size for small compact cars).
7. The Final Site Plan submittal shall show the addition of a landscape aisle for
each parking row in excess of 100 feet. The minimum width of said aisle shall
be eight (8) feet.
5
70
8. The Final Site Plan submittal shall depict a minimum 2-foot landscaped buffer
along between the edge of the alley and proposed parking lot.
9. The Final Site Plan submittal shall depict a fence on the rear property line for
purposes of parking lot screening for neighboring residential properties. The
fence shall be “finished side out” on both sides. The fence shall not exceed 6 feet
in height when located within the required rear yard setback and shall not
exceed 30 inches in height when located within the required street vision
triangle.
10. The Final Site Plan submittal shall show all snow removal storage outside of
required parking access and spaces.
11. The Final Site Plan submittal shall include a scaled landscaping plan, which is
produced by a certified landscaper.
12. Per UDO Chapter 18.48, a minimum of 13 points shall be provided for the
property. The breakdown of how points were obtained shall be clearly depicted
on the landscaping plan for Final Site Plan submittal. To obtain 5 points, a
grouping must be provided for every 50 feet of lot width (excluding drive
accesses).
13. Per UDO Chapter 18.48, the parking lot shall supply the required landscaping
in addition to the 13 points required. The breakdown of how the parking lot
landscaping is supplied shall be clearly depicted on the landscaping plan for
Final Site Plan submittal.
14. Per UDO Chapter 18.48, the parking lot shall supply the required residential
screening in addition to the 13 points required. The breakdown of how
residential screening is supplied shall be clearly depicted on the landscaping
plan for Final Site Plan submittal.
15. The Final Site Plan submittal shall show the addition of a bicycle rack on the
sidewalk north of the existing building, which shall be in conformance with the
standards recommended by the Bicycle Advisory Board.
16. The Final Site Plan submittal shall include all details of proposed exterior site
and/or building lighting. All lighting shall be accordance with UDO Section
18.42.150.
17. All mechanical equipment shall be screened in accordance with UDO Section
18.38.050. This shall include, but not limited too, air conditioners and electric
panels. All mechanical equipment and screening shall be depicted on the
landscaping plan for Final Site Plan submittal.
Administrative Design Review Staff
6
71
18. The Final Site Plan submittal shall include scaled building elevations that
clearly note the proposed building materials for the remodel of the existing
building and the addition, for final review and approval by Administrative
Design Review Staff.
19. To add a “green” buffer along the Mendenhall Street sidewalk, the Final Site
Plan submittal shall include flower baskets and/or pots along the south
building façade (along Mendenhall Street).
20. The Final Site Plan submittal shall include a color palette and material sample
board for all materials affiliated with the new construction, for final review and
approval by Administrative Design Review Staff.
Engineering Staff
21. The drop curb section that will provide loading access from the loading zone to
the proposed warehouse door will be required to meet all current ADA
standards (if the ADA accessible parking space is provided on-street along
Mendenhall Street).
Those voting Ave being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 – 0.
2. Ruggiero Garage Certificate of Appropriateness/Deviations #Z-07052,
opened and continued from April 16 (Bristor)
Associate Planner Allyson Bristor presented the staff report.
In a letter to the Commission, the applicant, Jory Ruggiero, waived his appearance.
Public Comment
Mayor Krauss called for public comment.
No person commented.
Motion and Vote to approve the Ruggiero Garage Certificate of Appropriateness with
Deviations application #Z-07052 as conditioned by staff.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Ruggiero Garage
Certificate of Appropriateness with Deviations application #Z-07052 as conditioned by staff.
Conditions of Approval:
7
72
1. The drive approach on East Orange Street shall be constructed in accordance
with the City's standard approach (i.e., concrete apron, sidewalk section and
drop-curb) and shall be accurately shown on a revised site plan. A City Curb
Cut and Sidewalk Permit shall be obtained prior to Building Permit issuance.
2. No new construction of any kind is permitted to occur over existing water
and/or sewer lines.
3. Prior to issuance of any type of building permit (including Demolition Permits),
the applicant shall provide a color palette and materials board for final design
review and approval by Administrative Design Review Staff.
Code Provisions:
1. Per Section 18.02.080 & 18.64.110, the proposed project shall be completed as
approved and conditioned in the Certificate of Appropriateness application.
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. The only exception to this law is repair.
2. Per Section 18.64.100.F, the applicant shall obtain a building permit within one
year of the Certificate of Appropriateness approval, or said approval shall
become null and void.
Those voting Ave being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried 5 – 0.
3. and 4. Village Homesite Planned Unit Development Plan Pre-application #Z- 07034
and Major Subdivision Pre-application #P-07008 (Windemaker)
After noting that no formal action would be taken on either project, that the projects are inter-
related, and after conferring with Assistant City Attorney Tim Cooper, Mayor Krauss determined
that the Village Homesite Planned Unit Development Plan Pre-application #Z- 07034 and Village
Homesite Planned Unit Development Major Subdivision Pre-application #P-07008 would be heard
concurrently.
Contract Planner Lynette Windemaker presented the staff report.
The applicants, Michael Delaney and Bill Mullenfeld, appeared on their own behalf.
Public Comment
Mayor Krauss called for public comment.
8
73
Public Comment - Ted Lange
Mr. Lange, representing the Gallatin Valley Land Trust of 25 N. Willson Avenue, stated that
GVLT has been meeting and talking with the property owners and other interested parties for some
time. He stated that GVLT supports turning the wetlands area into a public park without street
frontage on this rare habitat. He noted that the trails will be ADA accessible. Mr. Lange stated that
a trail through the middle of the park could have a significant impact on the habitat; an alternative
would be trails on three sides as proposed. He noted that the Recreation and Parks Board has not
taken an official position on the trail layout. Mr. Lange reminded the Commission that this location
is a “keystone” location for any connector to Highland Blvd.
Public Comment – Connie Garrett
Ms. Garrett resides at 511 East Olive and owns property at 414 North Plum Street. She stated that
traffic is the largest concern in the Northeast neighborhood and is concerned that the more through-
streets in the neighborhood the more the traffic will soon follow. She also encouraged the creation
of a wetlands park.
The Commission posed questions to staff and the applicants and discussed the Village Homesite
Planned Unit Development Plan Pre-application #Z- 07034 and Major Subdivision Pre-application
#P-07008 projects.
City Manager Chris Kukulski requested clarification on cul-de-sacs. He asked if cul-de-sacs once
approved and constructed, will the Commission continue to discuss, and the staff continue to
develop connectivity designs and plans for future phases, to which Cr. Kirchhoff replied that
redesigns do happen due to shifting circumstances.
The Commission provided advice and recommendations on the Village Homesite Planned Unit
Development Plan Pre-application #Z- 07034 and Major Subdivision Pre-application #P-07008.
Mayor Krauss called for a break
Mayor Krauss called the meeting to order.
5. Request for funds from the City of Bozeman for the Road to Home
Homeownership Center (Roberty)
Due to his position with the Human Resource Development Council, Cr. Rupp excused himself
from this presentation and Commission vote.
Caren Roberty, Development Director of the Human Resource Development Center (HRDC),
presented a request for $30,000 to continue the HRDC’s Road to Home Homeownership Center
from the two (2) mils designated by the City for affordable housing.
Public Comment
Mayor Krauss called for public comment.
No person commented.
9
74
Motion and Vote to grant $30,000 for the HRDC’s Road to Home Homeownership Center
from the two (2) mils designated by the City for affordable housing.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to grant $30,000 for the HRDC’s
Road to Home Homeownership Center from the two (2) mils designated by the City for
affordable housing.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss
Those voting No being none.
Those absent being Cr. Rupp.
The motion carried 4 – 0.
6. Durston Woods Informal Application (Skelton)
Project Engineer Bob Murray presented the staff report.
Lance Lerner, the applicant, and Chris Budeski, of Madison Engineering, appeared before the
Commission and presented Options A and B to the Commission and requested direction and advice
on the future placement of a section of Fowler Avenue.
Mr. Lerner resides at 924 Stoneridge Drive. He stated that the current property owner is interested
in selling the subject property, and therefore, he, as a potential buyer would like Commission
guidance on the future of Fowler Avenue.
Public Comment
Mayor Krauss called for public comment.
Public Comment – Ted Lange
Mr. Lange, representing the Gallatin Valley Land Trust, 25 N. Willson Avenue, suggested
continuing a green-way corridor going north on Fowler Avenue, when constructed.
The Commission suggested the road alignment in Option B as presented by the applicant.
7. Rialto Site Plan/Certificate of Appropriateness/Change in Use #Z-07019
(Bristor)
Planning Director Andy Epple presented the staff report.
The applicants declined an invitation by Mayor Krauss to speak on their behalf.
Public Comment
Mayor Krauss called for public comment.
No person commented.
10
75
Motion and Vote reclaiming review and approval authority for the Rialto Site Plan,
Certificate of Appropriateness and Change in Use application #Z-07019, per Section
18.64 B.1. Bozeman Municipal Code.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to reclaim review and approval
authority for the Rialto Site Plan, Certificate of Appropriateness and Change in Use
application #Z-07019, per Section 18.64 B.1. Bozeman Municipal Code.
Mayor Krauss noted that any decision to reclaim review and approval authority for the Rialto Site
Plan, Certificate of Appropriateness and Change in Use application #Z-07019, per Section 18.64
B.1. Bozeman Municipal Code would not reflect negatively on Planning Director Andy Epple.
Those voting Aye being Crs. Rupp, Jacobson and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Becker.
The motion carried 3 – 2.
8. South Towne Square Site Plan #Z-07051 (Krueger)
Planning Director Andy Epple presented the staff report.
Michael Pentecost of Dzyn2 Architects appeared for the applicant and stated the applicant supports
the Commission reclaiming review and approval authority for the South Towne Square Site Plan
application #Z-07051.
Public Comment
Mayor Krauss called for public comment.
Public Comment – Pierce Mullen
Mr. Mullen resides at 11 Hill Street in Bozeman. Mr. Mullen thanked the Commission for their
patience and noted that the residents of the area are working amicably with the developers, and that
if the Commission reclaims review and approval authority for the South Towne Square Site Plan
application #Z-07051 that it was not a reflection on the work done by Director of Planning Andy
Epple. Additionally, Mr. Mullen thanked Tracy Oulman for her efforts as the Neighborhood
Coordinator and the work she did with the SENA.
Motion and Vote reclaiming review and approval authority for the South Towne
Square Site Plan application #Z-07051, per Section 18.64 B.1. Bozeman Municipal Code.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to reclaim review and approval
authority for the South Towne Square Site Plan application #Z-07051, per Section 18.64 B.1.
Bozeman Municipal Code.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
11
76
9. Seat re-assignment and creation of new seat on the Community Affordable
Housing Advisory Board (CAHAB) (Fontenot)
City Clerk Brit Fontenot presented the staff report.
Public Comment
Mayor Krauss called for public comment.
No person commented.
Motion and Vote to re-assign current CAHAB member Verne Klingensmith from the “real
estate sales” seat to the “provider of services to persons in affordable housing” seat and
create an additional CAHAB member position representing a “building industry
professional” increasing the total number of CAHAB seats from ten to eleven.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to reassign current CAHAB member
Verne Klingensmith from the “real estate sales” seat to the “provider of services to persons in
affordable housing” seat and to create an additional CAHAB member position representing a
“building industry professional” increasing the total number of CAHAB seats from ten to
eleven.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
I. FYI/Discussion
1. 2007-2008 Work Plan Update (Kukulski)
City Manager Chris Kukulski updated the Commission on 2007-2008 Work Plan.
Commissioner Jacobson expressed interest in the Road Design workshop. She was absent at the
workshop held on Thursday, April 12, 2007.
Concerning road design, Mayor Krauss noted that staff should make the point to developers and
applicants that they should not bring major road design exceptions to the Commission.
Mayor Krauss stated that he needs to be informed by the County of their timeline on police
facilities. He suggested writing a letter or taking other action to get answers to this question.
Concerning implementation of the Mayors Climate Protection Agreement, Mayor Krauss stated
that he would prefer a task force to an advisory board. He also noted that hiring a new
Neighborhood Coordinator is a high priority.
2. Board of Adjustment Update (Kukulski)
12
77
Mr. Kukulski informed the Commission that the Clerk’s office has received seven applications for
the Board of Adjustments.
3. Potential Policy Meeting Topic - 1/2 day City tour on Streamline bus system
exploring various building locations and zoning areas (Fontenot)
Commissioner Becker expressed interest in using a Streamline bus to tour the City for a
Commission discussion regarding development.
Mayor Krauss noted that the meeting would have to be publicly noticed and space made available.
4. Reminder of 3:00 pm Work Session on Monday, May 7
City Clerk Brit Fontenot reminded the Commission of the 3:00 pm Work Session on Monday, May
7. 2007.
Cr. Jacobson suggested that the Commission read the article published by the Urban Land Institute
concerning the economic impact of libraries.
Mayor Krauss suggested that the City design or link to a volunteer match webpage for matching
volunteers with organizations that need them.
The Commission thanked Allyson Bristor and Terry Quatraro for their efforts at organizing
volunteers to clean up parks in the City.
J. Adjournment
Mayor Krauss adjourned the meeting at 10:15 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ___________________________.
13
78