HomeMy WebLinkAbout2 E- Packet 07-09-2007_June 25, 2007_2MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 25, 2007
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 25, 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, Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper,
and City Clerk Brit Fontenot.
0:08:42 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
0:08:50 B. Pledge of Allegiance and a Moment of Silence
0:09:37 C. Public Service Announcement - Mayors’ Climate Protection Agreement Task
Force
Administrative Intern Hattie Baker presented the public service announcement. She updated the
Commission on the status of the Mayors' Climate Protection Agreement Task Force. She noted that
the City has recently joined an organization called Local Governments for Sustainability.
0:11:12 D. Consent
1. Authorize payment of claims (LaMeres)
2. Approve Ridge Subdivision Final Plat (Cooper)
3. Authorize City Manager to sign Professional Services Agreement for the
Bozeman Historical & Architectural Inventory Update (Bristor)
4. Approve Lincoln Park Condos Dedication of Street Right-of-Way
(Sanford)
5. Approve Final Plat of Baxter Meadows Planned Unit Development Phase
Subdivision (Cooper)
6. Approve a Liquor License for Cost Plus, Inc. to sell beer and wine at 2226
Tschache Lane (Neibauer)
7. Authorize City Manager to sign Public Access Easement and Public
Utility Easement for Poplar Terrace Condos (Heaston)
8. Approve Resolution No. 4033, Intent to Create Special Improvement
Lighting District #699, Bozeman Gateway Subdivision Phases 1 & 3
(Shannon)
9. Approve Resolution No. 4035, Certification of Delinquent City
Assessments to Gallatin County (Shannon)
10. Approve Resolution No. 4036, Intent to Create Special Improvement
Lighting District #700, Annie Subdivision Phases 3B & 3C (Shannon)
7
0:11:14 Public Comment - Consent
Mayor Krauss called for public comment on the Consent agenda.
No person commented.
0:11:35 Motion and Vote to approve Consent items 1 – 10
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve Consent items 1 - 10 as
listed above.
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.
0:11:51 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. There was also an opportunity in
conjunction with each agenda item for comments pertaining to that item.
No person commented.
0:12:29 F. Action Items
0:12:30 1. City of Bozeman Water Rate Study for FY2008-FY2012, prepared by HDR
Engineering, Inc., opened and continued from June 11, 2007 (Rosenberry)
0:12:34 Staff Report
Finance Director Anna Rosenberry presented the staff report.
0:18:40 Public Comment
Mayor Krauss called for public comment.
No person commented.
0:19:35 Motion and Vote adopting the City of Bozeman's Comprehensive Water Rate Study
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to adopt the City of Bozeman's
Comprehensive Water Rate Study and direct staff to prepare the necessary resolutions and to
schedule Water Rate Public Hearings for a Commission meeting in August 2007.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
2
8
0:20:22 2. City of Bozeman Wastewater Rate Study for FY2008-FY2012, prepared by
HDR Engineering, Inc. (Rosenberry)
0:20:27 Staff Report
Finance Director Anna Rosenberry presented the staff report.
0:25:26 Public Comment
Mayor Krauss called for public comment.
No person commented.
0:25:35 Motion and Vote adopting the City of Bozeman's Comprehensive Wastewater Rate
Study
It was moved by Cr, Jacobson, seconded by Cr. Becker, to adopt the City of Bozeman's
Comprehensive Wastewater Rate Study and direct staff to prepare the necessary resolutions
and to schedule Wastewater Rate Public Hearings for a Commission meeting in August after
receipt of the Country Classic Dairy Report.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
0:26:05 3. Norton Major Subdivision Pre-application #P-07020 (Krueger)
0:26:41 Staff Report
Associate Planner Brian Krueger presented the staff report.
0:39:42 Applicant - Tom Henesh
Mr. Tom Henesh, of Big Sky Land Consultants, appeared for the applicant.
Kevin Spencer, project developer, also appeared for the applicant.
0:56:20 Public Comment
Mayor Krauss called for public comment.
No person commented.
No action was taken.
1:24:52 4. Buffalo Wild Wings Conditional Use Permit and Certificate of Appropriateness
#Z-06209 (Krueger)
1:25:24 Staff Report
Associate Planner Brian Krueger presented the staff report.
1:32:45 Applicant
3
9
Brad Anderson, franchisee for Buffalo Wild Wings, and Tom Nelson, of Nelson Architects,
appeared for the applicant.
1:42:46 Public Comment
Mayor Krauss called for public comment.
No person commented.
1:43:05 Motion to approve the Buffalo Wild Wings Conditional Use Permit and Certificate of
Appropriateness #Z-06209
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Buffalo Wild Wings
Conditional Use Permit and Certificate of Appropriateness #Z-06209 with the conditions and
code provisions outlined in the staff report addendum dated June 20, 2007.
Conditions:
1. All portions of the north/south trail that is within the property limits of this
proposal and along the N. 19th Avenue Corridor that connects the Home Depot
property with the corner of Baxter Lane and N. 19th Avenue shall be overlaid
with asphalt prior to building occupancy.
2. The Final Site Plan shall be accompanied by a letter of approval from the
StoneRidge Architectural Review Committee.
3. A color palette that includes physical material samples and color samples shall
be provided, for review and approval by the Planning Office, prior to Final Site
Plan approval.
4. All storefront windows and the proposed overhead doors on the east elevation
shall include utilize dark colored (black or bronze) sashes, jambs, and mullions
on the exterior of the building.
5. All exterior windows on the building shall utilize transparent clear glass.
6. The sidewalk section that is located between the accessible parking spaces at
southwest corner of the building shall continue though the immediate parking
lot landscape island to the edge of the drive aisle.
7. The sidewalk section provided through the landscaped area along the southern
property line shall be shifted east to become a curb walk along the entire length
of the east side of said landscape area.
8. The proposed grease interceptor shall accept waste only from the kitchen. All
other sanitary sewer discharges shall be plumbed such that they do not go
4
10
through the grease interceptor.
9. That the applicant upon submitting the Final Site Plan for approval and prior
to issuance of a building permit, will also submit a written narrative outlining
how each of the project specific conditions of approval and general code
provisions have been satisfied.
1:46:32 Vote to approve the Buffalo Wild Wings Conditional Use Permit and Certificate of
Appropriateness #Z-06209
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Buffalo Wild Wings
Conditional Use Permit and Certificate of Appropriateness #Z-06209 with the conditions and
code provisions outlined in the staff report addendum dated June 20, 2007 (see conditions
above).]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:46:49 5. Theory Hair Salon Conditional Use Permit #Z-07127 (Bristor)
1:46:57 Staff Report
Associate Planner Allyson Bristor presented the staff report.
1:49:20 Applicant
Brittney (last name inaudible) appeared for the applicant. Bobby Clem is the property owner and
business owner in the area and appeared on behalf of the applicant to support the applicant.
1:50:34 Public Comment
Mayor Krauss called for public comment.
1:50:42 Public Comment - Chris Nixon
Chris Nixon resides at 719 North Wallace Avenue. He offered his support for the project.
1:51:22 Motion and Vote to approve the Theory Hair Salon Conditional Use Permit #Z-07127
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Theory Hair Salon
Conditional Use Permit #Z-07127 as conditioned by the Development Review Committee and
Administrative Design Review staff.
Conditions:
1. With the Final Site Plan submittal, the applicant shall add the following
information to the landscaping plan, which shall be reviewed and approved by
5
11
Administrative Design Review Staff:
a) Note all proposed trees and shrubs that are drought tolerant.
b) Note the total number of trees and shrubs (for each species).
c) Mark 1,050 square feet of landscaped yard along the public
right-of-ways that shall be supplied for landscaping-in-lieu
parking requirements.
d) Include a table that notes how the plan meets the required 15
performance points.
2. An Encroachment Permit shall be obtained from the Engineering Department
for the proposed encroachment into Aspen Street right-of-way, prior to final
site plan approval.
3. The applicant shall notify the Department of Planning & Community
Development when changes to the proposed uses occur. All new uses proposed
for the property shall be held to principal and accessory uses as permitted in
the "M-1" (Light Manufacturing District). Said uses shall not exceed the
supplied parking as approved with this application (38 spaces provided off-
street, 3 spaces provided landscaping-in-lieu, 41 spaces required overall).
Those voting Aye being Crs. Rupp, Kirchhoff, Becker, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:51:54 Break
Mayor Krauss called for a 10 minute break.
2:12:45 6. Jeske Accessory Dwelling Unit and Conditional Use Permit #Z-07109 (Knight)
2:12:52 Staff Report
Associate Planner Martin Knight presented the staff report.
2:16:57 Applicant
Mike Jeske resides at 210 Henderson Street and appeared on his own behalf.
2:18:39 Public Comment
Mayor Krauss called for public comment.
No person commented.
2:22:08 Motion to approve the Jeske Accessory Dwelling Unit and Conditional Use Permit
#Z-07109
6
12
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Jeske Accessory
Dwelling Unit and Conditional Use Permit #Z-07109 as conditioned by staff.
Conditions:
1. No more than one of the dwellings, either the principal or the accessory
dwelling, may be rented by non-owners at the same time. A covenant enforcing
this rental restriction must be recorded with Clerk and Recorders Office prior
to Final Site Plan approval. Evidence of this must be provided to the Planning
Department prior to Final Site Plan approval.
2. Occupancy, at any time, of the accessory dwelling unit shall not exceed two
persons. Language stating this shall be included on the Final Site Plan prior to
Final Site Plan approval.
3. Prior to Final Site Plan approval, the applicant shall verify with the Building
Department that all applicable Building, Electrical, and Plumbing codes are
being met.
Engineering:
1. The Final Site Plan shall be adequately dimensioned. A complete legend of all
line types used shall also be provided.
2. Sewer and water services shall be shown on the FSP and approved by the
Water/Sewer Superintendent.
2:27:37 Vote to approve the Jeske Accessory Dwelling Unit and Conditional Use Permit #Z-
07109
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Jeske Accessory
Dwelling Unit and Conditional Use Permit #Z-07109 as conditioned by staff (see conditions
above).
Those voting Aye being Crs. Kirchhoff, Becker, Jacobson.
Those voting No being Cr. Rupp and Mayor Krauss
The motion carried 3 - 2.
2:27:52 7. Resolution No. 4026, notifying the Gallatin County Elections Administrator of
the City's desire to conduct the 2007 City Primary (if held) and General Elections by mail
ballot (Fontenot)
2:28:08 Mayor Krauss
Mayor Krauss recused himself from discussion and vote due to his participation in the 2007
Mayoral race [unless the vote ties].
7
13
2:28:26 Staff Report
City Clerk Brit Fontenot presented the staff report.
2:30:38 Public Comment
Mayor Pro Tem Jacobson called for public comment.
No person commented.
2:31:00 Charlotte Mills, Gallatin County Clerk and Recorder, spoke in support of the resolution.
2:31:58 Motion adopting Resolution No. 4026, notifying the Gallatin County Elections
Administrator of the City’s desire to conduct the 2007 City Primary (if held) and General
Elections by mail ballot in accordance with 13-19-202, Montana Code Annotated.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to adopt Resolution No. 4026,
notifying the Gallatin County Elections Administrator of the City’s desire to conduct the 2007
City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202,
Montana Code Annotated.
2:39:52 Vote adopting Resolution No. 4026, notifying the Gallatin County Elections
Administrator of the City’s desire to conduct the 2007 City Primary (if held) and General
Elections by mail ballot in accordance with 13-19-202, Montana Code Annotated.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to adopt Resolution No. 4026,
notifying the Gallatin County Elections Administrator of the City’s desire to conduct the 2007
City Primary (if held) and General Elections by mail ballot in accordance with 13-19-202,
Montana Code Annotated.]
Those voting Aye being Crs. Kirchhoff, Becker and Mayor Pro Tem Jacobson.
Those voting No being Cr. Rupp.
Those not voting being Mayor Krauss.
The motion carried 3 - 1.
2:40:53 G. FYI/Discussion
2:41:06 City Clerk - Intermodal Facility RFP, Retail Condos
2:44:17 City Clerk - Big Box Funds
2:48:32 Cr. Jacobson - Endorsement of Grafitti Grant
2:52:42 Mr. Kukulski - Orphan Fund
2:56:33 Cr. Rupp - Final Version of the Housing Ordinance
2:58:26 H. Adjournment
8
14
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ___________________________.
9
15