HomeMy WebLinkAbout09-24-07 Minutes 06-04-07 2MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 4, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 4, 2007 at 6:00 pm. Present were Mayor Jeff
Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Assistant City Manager Ron
Brey, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and Deputy City Clerk
Cynthia Jordan Delaney.
0:10:25 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order at 6:10 pm.
0:10:26 B. Pledge of Allegiance and a Moment of Silence
0:11:11 C. Public Service Announcement - Combating Graffiti and Vandalism (Semerau)
Executive Assistant Karen Semerau announced that the Gallatin Association of Realtors, in
cooperation with the City of Bozeman, is sponsoring two radio PSA's to be aired for two weeks
with the hopes of drawing more attention to the problem of graffiti and vandalism and encouraging
the public to help.
0:15:04 Officer Ferguson
Officer Ferguson stated that the City of Bozeman and the Detention Center are working together so
that people with community service hours can work them off cleaning up graffiti on City property.
0:17:40 Tricia Bailey
Ms. Bailey, President of the Gallatin Association of Realtors, stated that graffiti reduces property
values and hurts the value of the community experience. The Association wanted to encourage
other groups to get involved helping to reduce the amount of property crime. She thanked the City
Commission for their support.
0:19:12 D. Authorize the Absence of Commissioner Rupp
0:19:19 Motion and Vote to authorize the absence of Cr. Rupp.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to authorize the absence of Cr.
Rupp.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:19:29 E. Minutes - May 14, 2007
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0:19:36 Motion and Vote to approve the Minutes of May 14, 2007.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Minutes of May 14,
2007.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:19:47 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign the Street and Utility Easement for Saccoccia
Minor Subdivision #P-07013 (Windemaker)
3. Finally adopt Ordinance No. 1681, creating Chapter 18.19 Urban Mixed Use District
(Saunders)
4. Finally adopt Ordinance No. 1704, Norton East Ranch Zone Map Amendment #Z-06121
(Sanford)
5. Adopt Resolution No. 4023, Davenport Annexation #A-06013 (Sanford)
6. Provisionally adopt Ordinance No. 1708, Davenport Zone Map Amendment #Z-06252
(Sanford)
7. Authorize the City Manager to sign Amendment No. 2 for the Wastewater Facility Plan
(Murray)
8. Authorize the City Manager to sign a Public Access Easement for Woodhaven Village
Condos (Heaston)
9. Approve the Award of CTEP Project STPE 1299(11), Historic School Rehab - Bozeman,
East Willson School Re-Roof Project (Folger)
0:19:47 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:20:07 Motion and Vote to approve Consent items F 1-9.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Consent items F 1-9.
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:20:24 G. Public Comment
Mayor Krauss opened public comment.
0:21:54 Thomas Mosser - Public Comment
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Thomas Mosser, of 120 West Main Street, stated that he believes there is something broken in the
Planning Dept. and that the Planning Dept. has thrown up roadblocks since the beginning. On April
3, 2007, he received a memo from the Planning Dept. saying they wanted to see a minimum
approach width of 24 feet. He said this causes an entire redesign of the City Hotel, which will not
work. He passed out a photo of himself with Barron Hilton, Chairman of Hilton Hotels. He said the
actions of the Planning Dept. have in effect overturned the City Commission's action, and he is
open to a work session with the City Commission, City Manager, and Planning Director.
0:25:14 Dave Leverett - Public Comment
Mr. Leverett, of Full Circle at Four Corners Recycling, of 1014 South 6th, wanted to address the
issue of glass. For the City to go curbside with recycling, the City would be looking at over $1
million in addition to investment into a facility that will drain off all the income from the rest of the
recycling in order to subsidize glass. There is an affordable figure to do curbside recycling, but
doing glass would put it into negative operating budget permanently.
0:26:23 Courtney King - Public Comment
Ms. King, of Glassroots, of 1014 South 6th, stated that she and a business associate have developed
a company with a plan to utilize recycled glass. She agrees with not sending it to the landfill but
finding an alternative way to collect glass and to have it sorted by color. She can be emailed at
montanagrits@yahoo.com.
0:27:10 Public Comment closed.
Mayor Krauss closed public comment.
0:27:18 H. Action Items
0:27:20 1. Reconsideration of Section 3 of Resolution No. 4009 as it Relates to Glass
Disposal at the City of Bozeman Landfill (Fontenot)
0:28:28 Public Comment
Mayor Krauss opened public comment.
0:28:38 Jeff van den Noort - Public Comment
Mr. van den Noort, representing the Montana Chapter of the Sierra Club, stated he feels that there
are a lot unanswered questions about glass, and a lot of information is needed to make an informed
decision: Is there a market for glass? Is curbside recycling more or less viable with glass? Will
people step up to the plate for a new solution? Are there any funding sources for glass? What do
citizens want for recycling and what are they willing to pay? Is there an effort to reach out to
Gallatin and Park Counties? People need more information, he recommends a task force, and please
reconsider the motion about glass.
0:31:50 Jenny Martin - Public Comment
Ms. Martin, of 1003 Zoot Way, encouraged the Commission to keep studying the big picture. In
looking at the energy equation, remember that plastic, the usual alternative to glass, is made of
petroleum products. Look beyond the City budget to grants for funding. Really consider Bozeman's
role in regional recycling by participating in the Gallatin County Solid Waste District.
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0:32:28 Brian Caldwell - Public Comment
Mr. Caldwell, of 733 South Tracy, wanted to address the issue of closing the landfill even though
there is sufficient volume to handle waste for 12 months. If the landfill continues to bring in
construction waste, the landfill could generate considerable income (millions). Using the analogy
about a City employee not generating enough money to pay his/her wage, he stated that as a
community we have beliefs that go beyond pure economics. He said that different markets change
with recycling products. Look at it holistically.
0:35:55 Mary Kate Boling - Public Comment
Ms. Boling, of 1312 Cherry Drive, stated that she is very concerned about the challenge about
recycling glass. She has been doing research for a solution, and she thinks the task force is a good
idea.
0:36:40 Public Comment closed.
Mayor Krauss closed public comment.
0:36:51 Steve Johnson, Sanitation Superintendent
Mr. Johnson stated that he has a list of 45 people who have volunteered to be on a research
committee. For glass, you need to be able to produce a product. To invest at the very minimum to
produce a product they can sell, they would need a machine that costs $250,000. He mentioned
recycling companies he has communicated with about this issue. With the landfill closing within a
year, there will be no place to store glass if they continue to collect it. He will continue to try to
find product and ways to move glass.
0:47:23 Motion to reconsider Section 3 of Resolution No. 4009, originally approved on March
26, 2007.
It was moved by Cr. Kirchhoff to reconsider Section 3 of Resolution No. 4009, originally
approved on March 26, 2007.
0:47:47 Cr. Kirchhoff
Cr. Kirchhoff clarified that Section 3 says that the glass recyclable commodity will not be accepted,
and glass will be treated as household waste.
0:48:19 Mayor Krauss
Mayor Krauss said that this item would be put on the agenda if this motion is successful.
0:48:43 Motion Seconded
Cr. Jacobson seconded Cr. Kirchhoff's motion to reconsider Section 3 of Resolution No. 4009,
originally approved on March 26, 2007.
0:52:33 Mayor Krauss
Mayor Krauss said that they are really trying to reconsider having a fuller public hearing. The
appropriate place to put this energy is to sign up for curbside recycling. Curbside recycling
increases our recycling effort overall.
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1:09:29 Mayor Krauss
Mayor Krauss said that he wanted the information ready in one week.
1:09:41 Clarification of Motion
Deputy City Clerk Cynthia Jordan Delaney clarified Cr. Kirchhoff's motion to reconsider Section 3
of Resolution No. 4009, originally approved on March 26, 2007. Mayor Krauss confirmed the
addition of "and to put it on a future agenda."
1:10:03 Vote to reconsider Section 3 of Resolution No. 4009, originally approved on March 26,
2007 and to put it on a future agenda.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to reconsider Section 3 of
Resolution No. 4009, originally approved on March 26, 2007 and to put it on a future agenda.
Those voting Aye being Crs. Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-0.
1:10:12 Mayor Krauss
Mayor Krauss stated that this item will be on a future agenda when the staff is ready and more
analysis is prepared. In the meantime, they continue to build the mountain of glass.
1:10:44 2. Hope Lutheran Church Conditional Use Permit #Z-07088 (Riley)
1:11:01 Doug Riley, Associate Planner
Mr. Riley presented the staff report.
1:18:35 Dan Larson, Applicant
Mr. Larson, of 4 Lariat Loop, is Co-Chair of the Hope Lutheran Expand Our Mission Steering
Committee that has been leading the long process on behalf of the congregation through the
planning stages for their new church home. They are seeking to replace their existing Grand
Avenue facility that is over 55 years old with a new expanded facility to offer more services and
activities to church members and the community. They have worked with City staff and the
Meadow Creek Subdivision.
1:23:48 Public Comment opened.
Mayor Krauss opened public comment.
1:23:54 Ted Lange - Public Comment
Mr. Lange, of the Gallatin Valley Land Trust, of 25 North Willson, expressed his strong support for
the staff condition of the 10 foot path (rather than the 5 foot sidewalk), and he thanked Hope
Lutheran Church for their support of that condition. The intersection of Graf and 19th will be a
critically important signalized crossing of 19th to the schools. Because of all the residential
development coming in, he wants to make sure there is a clear corridor to get to that intersection.
1:24:35 Public Comment closed.
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Administrative Design Review Related:
10) A typical materials sample board and color palette shall be provided for review and
approval prior to final site plan approval. This includes samples and manufactures
specifications for all surface materials, roofing, window types, framing, etc.
11) Because of the residential proximity, a darker anodized aluminum store front is
preferred over a brushed aluminum finish.
12) The gutters and downspouts should serve as an additional architectural feature that
compliments the materials and color vocabulary of the structure. This feature should also be
conscious of the color palette for the aluminum store front window framing.
13) The applicant shall provide a temporary enclosed refuse storage area, including a
typical detail with dimensions on the final site plan, for the storage and collection of building
material debris during the construction phase of the project, and that said debris area is
noted accordingly on the final site plan.
Engineering Related:
14. Per section 18.44.090.C.2.b(1), the maximum allowed width for a commercial drive
access is 35 feet. Unless a variance is requested and granted by the City Commission, the
access onto Graf Street shall be reduced in width to comply.
15. The entire width of North 20th Avenue shall be constructed from Enterprise Drive to
Graf Street.
16. An easement shall be provided for the stormwater detention pond that is receiving
the runoff from 20th.
17. The northern portion of Enterprise Drive that is not being constructed as part of
Meadow Creek subdivision shall be constructed as part of this project.
18. A cleanout or manhole shall be installed at the transition between the 8" sewer stub
and the 6" service line.
Fire Department Related:
19. Two hydrants shall be installed on the site with the final location to be approved by
the Fire Marshall and Development Engineer as part of final site plan approval.
Parks and Recreation Related:
20. A 10' walkway shall be provided along Graf Street to continue the bicycle and
pedestrian pathway from the east toward the west.
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Mayor Krauss closed public comment.
1:40:58 Motion to approve the Hope Lutheran Church Conditional Use Permit as conditioned
by staff.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the Hope Lutheran
Church Conditional Use Permit as conditioned by staff.
Conditions:
Planning Related:
1) As required under Chapter 18.48 of the Unified Development Ordinance (UDO), the
landscaping plan shall be amended to provide parking lot screening along South 20th Avenue
and to detail the boulder locations as referenced in the landscaping points calculations. The
final site plan shall also designate appropriate snow removal/storage areas.
2) The landscaping plan shall be amended to vary the street tree species along South 20th
Avenue to match what is being installed along Graf Street and Enterprise Boulevard as noted
in the review comments by Ryon Stover of the Forestry Department.
3) Bike racks shall be detailed on the final site plan in accordance with Section
18.46.040.E of the UDO.
4) Except for street lighting and security lighting, all lighting shall be turned off between
the hours of 11:00 p.m. and 6:00 a.m. as required under Section 18.42.150.D.7.c. of the UDO.
5) The final site plan shall detail a permanent enclosure for the temporary storage of
garbage, refuse and other materials in accordance with the standards of Section 18.42.170 of
the UDO.
6) Any future expansions, new uses or other changes to the property or facility will
warrant additional review as required under Section 18.34.160 of the UDO.
7) Upon submitting the final site plan for approval by the Planning Director and prior to
issuance of a building permit, the applicant will also submit a written narrative outlining how
each of the conditions of approval and code provisions have been satisfied.
8) Building permits will not be issued prior to installation and City acceptance of the
infrastructure improvements unless all provisions set forth in Section 18.74.030.D of the UDO
are met to allow for concurrent construction.
9) Occupancy will not be granted until all underlying site infrastructure has been
installed and accepted by the City.
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1:42:05 Mayor Krauss
Mayor Krauss said that he is not inclined to support the one condition that requires 20th. He gave
many examples of larger institutions around Bozeman where roads stop and then go around it. He
said that requiring this one institution to put in both sides of the road, sidewalks, curbs and gutter,
streets, and trees-to build our street for us-is too much.
1:43:37 Cr. Jacobson
Cr. Jacobson agreed with Mayor Krauss.
1:44:53 Amendment to Motion
Cr. Jacobson made an amendment to the original motion to remove condition 15: "The entire width
of North 20th Avenue shall be constructed from Enterprise Drive to Graf Street."
1:45:14 Motion Seconded
Mayor Krauss turned the gavel over to Cr. Jacobson (calling her "Vice Mayor") and seconded the
amendment. He said that she will handle that for the remainder of this Action item.
1:46:08 Vote on the amendment to remove condition 15: "The entire width of North 20th
Avenue shall be constructed from Enterprise Drive to Graf Street."
Vote on the amendment to remove condition 15: "The entire width of North 20th Avenue
shall be constructed from Enterprise Drive to Graf Street."
Those voting Aye being Mayor Pro Tem Jacobson and Cr. Pro Tem Krauss.
Those voting No being Crs. Becker and Kirchhoff.
The motion tied 2-2.
1:47:14 Mr. Brey
Mr. Brey stated that the Commission will pick up the amendment when Cr. Rupp returns. Pending
the outcome of the amendment, they will vote on the motion.
1:47:52 Break
2:03:35 3. Brown Garage Certificate of Appropriateness with Deviations #Z-07102
(Bristor)
2:03:53 Allyson Bristor, Associate Planner
Ms. Bristor presented the staff report.
2:09:11 Richard Brown, Applicant
Mr. Brown, of 507 W Babcock, said that he will agree to conform to all the conditions, but he
wanted to discuss the condition about the length of the garage. Today the Planning staff sent an
email saying the length of the garage should be 33 ft. to 33 ft. 5 inches. That doesn't allow for walls
or inside access to the art space upstairs. He will agree to taking away the upstairs deck and make
the building smaller, but he wants condition 3, being allowed to put in interior stairs.
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2:14:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:25:52 Motion to approve this proposal with conditions.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve this proposal given
that the internal dimensions allow for the three cars and the internal staircase need to be fully
worked out to the satisfaction of staff in consultation with the applicant. The interior space
should allow three cars with additional width provided for an interior wall and exterior walls,
and it would be good to have an internal staircase.
2:27:51 Ms. Bristor
Ms. Bristor stated that the applicant suggested a length of 36 feet that would work, and staff might
recommend removing conditions 1B and 1C and instead there will be a revised D or B.
2:28:53 Clarification of Motion
Mr. Epple clarified that he thinks they understood the notion of three cars, enough room for wall
space as necessary, including an interior stairway. As the applicant represented, approximately 36
feet in length.
2:29:07 Mayor Krauss
Mayor Krauss stated that the motion as stated by Mr. Epple is clear.
2:29:11 Clarification of Motion
Mr. Epple added to the clarified motion: "and otherwise conditioned by staff."
2:29:14 Cr. Kirchhoff
Cr. Kirchhoff confirmed that he didn't change any conditions.
2:29:17 Clarification of Motion
Mayor Krauss included "recognizing the code provision on the half walls," and both Crs. Kirchhoff
and Jacobson agreed that this was acceptable to them.
2:29:22 Vote on Final Motion to approve this proposal with conditions.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve this proposal given
that the internal dimensions allow for the three cars and the internal staircase need to be fully
worked out to the satisfaction of staff in consultation with the applicant. The interior space
should allow three cars with additional width provided for an interior wall and exterior walls,
and it would be good to have an internal staircase. As the applicant represented, it will be
approximately 36 feet in length, otherwise conditioned by staff and recognizing the code
provision on the half walls.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss.
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Those voting No being none.
The motion carried 4-0.
Revised Conditions:
The applicant shall supply the Department of Planning & Community Development a revised
site plan showing the following changes:
a. Accurate location of all existing and proposed water and sewer lines.
b. Garage width to accommodate three cars, including space for interior walls and
interior staircase, which shall be approximately 36 feet.
2. The applicant shall supply the Department of Planning & Community Development
revised garage elevations showing the following changes;
a. Any changes required with the condition as stated above.
b. Removal of the exterior deck on the 2nd floor of the north elevation.
c. Decrease in dormer width/length to that is no more than 50-percent of the gable ridge
length.
3. The applicant shall supply the Department of Planning & Community Development a
west elevation of the proposed garage and existing house that shows the alley.
4. No kitchen unit of any kind (including a stove, full size refrigerator or kitchen/utility
sink) shall be installed on the 2nd floor of the garage.
5. Under no circumstances shall the 2nd floor of the garage be occupied as a dwelling
unit.
6. No new construction of any kind is permitted to occur over existing and/or proposed
water and sewer lines.
7. Any proposed water and sewer line shall be a minimum of 10 feet from existing trees.
8. 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 (detailed photographs may be considered
sufficient).
2:31:04 4. Revisions to Chapter 3.24 of the Bozeman Municipal Code, Impact Fees
(Saunders)
2:31:17 Public Comment
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Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:31:38 Chris Saunders, Assistant Director of Planning
Mr. Saunders presented the staff report.
2:37:15 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:37:27 Motion to continue this public hearing to July 23.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue this public hearing to
July 23.
2:38:29 Vote to continue this public hearing to July 23.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue this public hearing to
July 23.]
Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:38:36 5. Appointments to the Community Alcohol Coalition (Delaney)
2:38:49 Motion to approve the appointment of Ellie Staley and Becky Johnson.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the appointment of Ellie
Staley and Becky Johnson.
2:39:00 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:39:02 Vote to approve the appointment of Ellie Staley and Becky Johnson.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the appointment of Ellie
Staley and Becky Johnson.]
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
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2:39:14 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney asked the Commission to make a motion to have the Non-Hospitality Local Business
Representative have the last three weeks of this term and then do the new term (to extend the term
of Ellie Staley from June 30, 2007 to a term that expires on June 30, 2010).
2:39:37 Motion and Vote to have the Non-Hospitality Local Business Representative have the
last three weeks of this term and do the new term.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to have the Non-Hospitality Local
Business Representative have the last three weeks of this term and then do the new term (to
extend the term of Ellie Staley from June 30, 2007 to a term that expires on June 30, 2010).
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:39:57 6. Appointment to the Historic Preservation Advisory Board (Delaney)
2:39:58 Mayor Krauss
Mayor Krauss postponed the appointment at Cr. Rupp's request.
2:40:13 7. Appointments to the Community Affordable Housing Advisory Board
(CAHAB) (Delaney)
2:40:50 Motion to appoint these two people to their respective positions on the CAHAB.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint these two people to their
respective positions on the CAHAB (Robert Conor Evans to Building Industry Professional
and Connie Garrett to Real Estate Sales).
2:43:33 Vote to appoint these two people to their respective positions on the CAHAB.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint these two people to their
respective positions on the CAHAB (Robert Conor Evans to Building Industry Professional
and Connie Garrett to Real Estate Sales).]
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:43:39 I. FYI
2:43:47 Cr. Becker
Cr. Becker stated that he wanted to use money from the Commissioner travel budget to attend the
Greater Yellowstone Coalition Annual Meeting in Cody, WY.
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2:49:22 Cr. Jacobson
Cr. Jacobson is meeting with someone at the University to open official dialogue regarding student
housing and problems in neighborhoods.
2:50:22 Ms. Delaney
Ms. Delaney reminded the Commissioners of the Policy Meeting this Thursday.
2:50:51 Mr. Epple
Mr. Epple updated the Commissioners that there wouldn't be a Rialto presentation on June 18.
2:51:38 J. Adjournment
Mayor Krauss adjourned the meeting at 8:50 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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