HomeMy WebLinkAbout2006-10-16 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 16, 2006
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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, October 16,2006, at 6:00 p.m. Present
were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director
Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk
Brit Fontenot.
0:03:54 [18:10:18] A. Call to Order
0:04:05 [18: 10: 19] B. Pledge of Allegiance and Moment of Silence
0:04:44 [18:11:01] Changes to the agenda
Mayor Krauss inquired about changes to the agenda.
City Manager Chris Kukulski stated that there were no changes to the agenda.
0:04:50 [18: 11: 16] C. Public Service Announcement(s)
Mr. Kukulski introduced the public service announcements.
0:05:15 [18: 11:25] PSA - 911 Mil Levy (LaChapelle)
Deputy Police Chief Mark LaChapelle updated the Commission and the public about the
911 Mil Levy.
0:08:47 PSA - Durston Road Construction Project Update (Hixson)
City Engineer Rick Hixson updated the Commission and the public on the Durston Road
construction project.
0: 12:25 PSA - Bridger View Trailer Court (Oulman)
Neighborhood Coordinator Tracy Oulman informed the Commission and the public about
the scheduled Bridger View Trailer Court resident meetings.
0: 13:44 [18:20: 16] Authorize the absence of Commissioner Rupp
0:13:51 Motion and Vote to authorize the ahsence of Cr. Rupp
It was moved hv Cr. Becker. seconded hv Cr. Kirchhoff. to authorize the absence of
Cr. Rupp.
Those votinll Ave heinll ers. Becker. Kirchhoff. .Jacohson and Mavor Krauss.
Those votin2 No heinll none.
Those absent belmz Cr. RUOD.
The motion c;:arrled.
0:14:10 [18:20:42] E. Minutes - July 17, October 2 and October 9,2006
0:14:16 [18:20:45] Motion and Vote to approve the minutes of July 17, October 2
and October 9, 2006
It was moved bv er. Kirchhoff. seconded hv Cr. Jacohson. to approve the minutes
of July 17. October 2 and October 9. 2006.
Those votine Ave belnt Crs. Kirchhoff. Jacohson. Becker and Mayor Krauss.
Those votlne No beine none.
Those absent beine Cr. Ruoo.
The motion carried.
0:14:30 [18:21:06] F. Consent
1. Authorize payment of claims (LaMeres)
2. Award Library re-roof bid to Sickler Roofing (Goehrung)
3. Approve the Monthly Building Report for September, 2006 - Building Inspection
Division (Poulsen)
4. Adopt Resolution 3968, Resolution of Intent to Create SILD # 696 Laurel Glen
Subdivision Phase n (Shannon)
5. Approve West Winds Subdivision, Phases 2A and 2B, Final Plat (Cooper)
6. Approve Stone Ridge Square Subdivision, Final Plat (Cooper)
0: 14:39 [18:21: 16] Public Comment
Mayor Krauss called for public comment.
No person commented.
0: 14:58 [18:21 :32] Motion and Vote to approve Consent items Fl - F6 as listed
ahove.
It was moved bv er. Jacohson. seconded by Cr. Uecker. to approve consent Items Fl
- F6 listed ahove.
Those votint Aye belnl!. Crs. Jacobson. Becker. Kirchhoff and Mavor Krauss.
Those votlmz No heloe: none.
Those absent helnt Cr. RUDD.
The motion carried.
0:15:20 [18:21:55] G. 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 will also
be an opportunity in conjunction with each agenda item for comments pertaining to that
item.
0: 15:45 [18:21:57] Public Comment - Lowell SDrin~er
Lowell Springer resides at 3207 Augusta Drive, representing Stoneridge Development,
thanked the Commission for approving the final plat for the Stone Ridge Square
Subdivision.
0:16:56 [18:23:23] Public Comment - Eileen Kirshenbaum
Eileen Kirshenbaum resides at 141 North Choteau Avenue in Bozeman and is a local
business owner impacted by the Durston Road Construction projects.
0: 19: 14 [18:25:36] Public Comment - Dennis Kidder
Dennis Kidder resides at 890 Hidden Valley came to the Commission as an entrepreneur.
To date, he has received little to no support for his company and stated that the end of
business Wednesday is the deadline imposed by his investment banks.
0:23:24 [18:30:07] H. Mayoral Proclamation - Business and Professional Women's Week
Mayor Krauss read aloud the Proclamation of Business and Professional Women's Week:
PROCLAMATION
NATIONAL BUSINESS WOMEN'S WEEK
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WHEREAS, working women constitute 66 million of the nations workforce and strive to
serve their communities, their states and their nation in professional, civic and cultural
capacities;
WHEREAS, women-owned businesses account for 28 percent of all U.S. business,
generating $1.15 trillion in sales;
WHEREAS, the major goals of Business and Professional WomenlUSA are to promote
equality for all women and to help create better conditions for working women through
the study of social, educational, economic and political problems, all of us are proud of
their leadership in these many fields of endeavor;
WHEREAS, for 77 years Business and Professional WomenlUSA has been spotlighting
the achievements and contributions of working women during National Business
Women's Week;
WHEREAS, the Bozeman Business and Professional Women's Local Organization is
proud to support all working women in the Gallatin Valley;
THEREFORE, I, Jeff Krauss, Mayor of the City of Bozeman, Montana, by the authority
vested in me, do hereby proclaim October 15th through October 21 st,
NATIONAL BUSINESS WOMEN'S WEEK.
This event is sponsored by Business and Professional Women/USA. I urge all Citizens,
educational associations and community organizations of Bozeman, Montana, as well as
the news media, to join in on this salute to working women.
SIGNED
Jeff Krauss, Mayor, City of Bozeman, MT
0:24:57 [18:31:41] I. Action Items
0:24:59 [18:31:42] 1. Story MiII/ Parks Property Annexation, Part 46 (Saunders)
0:25:20 [18:31:48] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
0:30:50 [18:37: 18] Applicant
Corey Ravniss of Hyalite Engineers located at 2066 Stadium Drive, Bozeman appeared
for the applicant.
0:33: 16 [18:40: 10] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:33:37 [18:40:35] Motion and Vote to approve the Parks/Story Mill Annexation,
#A-06011
It was moved bv Cr. Becker. seconded by Cr. Kirchhoff. to aDorove the Parks/Story
Mill annexation. #A-0601H and direct staff to prepare an annexation aareement for
shznature hv Blue Sky Development and to orepare a orovision of services plan for
the oortion owned bv the Citv.1
Those votine Ave heine Crs. Becker. Kirchhoff. .Jacohson and Mavor Krauss.
Those votine No bein2 none.
Those ahsent beina Cr. Rupp.
The motion carried.
0:34:04 [18:41:06] J. Public Hearings
0:34: 11 [18:41 :07] 1. Story MiIIIParks Property Zone Map Amendment, #Z-06203
(Saunders)
0:34:34 [18:41 :20] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
0:43: 11 [18:49:58] Applicant
Corey Ravniss of Hyalite Engineers located at 2066 Stadium Drive, Bozeman appeared
for the applicant.
0:45:21 [18:52:34] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:45:42 [18:52:54] Motion and Vote to approve the initial zoning of R-2 and R-4
with contingencies recommended hy the Zoning Commission and Staff.
It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacohson. the initial zonini of R-2
and R-4 with continiencies recommended hy the Zonlni Commission and Staff fsee
contine:encies below 1.
CONTINGENCIES FOR ZONE MAP AMENDMENT:
1. That the Ordinance of the Zone Mao Amendment shall not be adooted until the
Resolution of Annexation is siined hv the aopllcant and formallv aooroved hv the
eitv Commission. If the annexation is not approved. any aoproval of a zone mao
amendment shall he nuD and void.
2. That the applicant submit a zone amendment mao. titled "Parks/Storv Mill Zone
Map Amendment". on a 24" hy 36" mylar, 81/2" bv 11", or 8112" by 14" oaper
exhibit. and a diiital COOy of the area to be zoned. acceptable to the Director of
Public Service. which will be utilized in the preparation of the Ordinance to
officiallv amend the City of Bozeman ZoniDl! Map. Said map shall contain a metes
and hounds leisl description of the perimeter of the subject property and zonine
districts. total acrea2e of the propertv and adlolnlna rlahts-of-wav and/or street
access easements (i.e.. Bridaer Canyon Dr.. Story MDI Rd. and 1I1l1side Ln).
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds leaal descrlotlon prepared hv a licensed
Montana surveyor and map of the area to be rezoned. which wUl be utilized in the
preparation of the Ordinance to oMctaUy amend the zone mao.
4. The R-4 zonlna appears too Intense for the eastern edsze of the annexation. A
lower Intensltv zonmS,!. R-2. shall be applied for the depth of a lot alone the eastern
edee of Tract 5. COS 2547.
Those votine Ave heine: Crs. Kirchhoff. Jacohson. Becker and Mavor Krauss.
Those votfne No heine: none.
Those absent heine: Cr. Rupp.
The motion carried.
0:46: 17 [18:53:38] 2. Wierda Minor Subdivision, #P-06049 (Sanford)
#
.
0:46:54 [18:53:51] Staff Report
Planning Director Andy Epple presented the staff report.
0:48:18 [18:55:26] Applicant
Ty Traxler of C & H engineering appeared for the applicant.
0:48:38 [18:55:54] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:48:59 [18:56:04] Motion and Vote to conditionally approve the Wierda Minor
Suhdivision, #P-06049.
It was moved hv er. .Jacohson. seconded bv er. Becker. to approve rconditionallyl
the Wierda Minor Suhdivision. #P-06049. rhased on the PlanninlZ Board's
recommendations and sueeested conditions of aoprovallisted on Pa2e 2 of Planninll
Board Resolution # P-06049 (see conditions below).l
eonditions of Approval:
1. The final plat shall complv with the standards identified and referenced in the
Unified Development Ordinance. The aoolicant is advised that unmet code
orovisions. or c;:o<Ie provisions that are not soeclfic;:ally listed as conditions of
aooroval. does not. in any way. create a waiver or other relQ,Xation of the lawful
requirements of the Bozeman Municioal eode or state law.
2. New water and sewer services must he provided to Lot 4B or financially
frnaranteed prior to final olat approval. Service locations must be aooroved bv the
Water/Sewer Superintendent and a street cut oermlt ohtained prior to construction.
Bulldine permits will not be issued for developments on either lot until the new
service lines have been installed and accepted.
3. A utility easement shall be orovided alon2 the common lot line for the existina;
water service line.
4, A prouertv access deviation must be accepted prior to final ph.t approval if
ac;:c;:ess requirements of Section 18.44.090. uno are not satisfied. The acc;:ess
deviation shall be provided In accordance with Section 18.44.090.H. uno and
approved by the City Enszineer.
5. All existine: and prooosed easements (includine adiacent rie:ht-of-wav) shall be
depicted upon the orelimlnarv ola1.
l
6. Existine and proposed water and sewer service lines shall he accurately deoided
upon the preliminary olat.
7. The I-foot no access strip shown on the final olat of eattail ereek Subdivision.
Phases 2A and 2B must he shown on the final plat.
Those votinl! Ave heinl! Crs. Jacobson. Becker. Kirchhoff and Mavor Krauss.
Those votin2 No beine none.
Those ahsent beinl! Cr. Rupo.
The motion carried.
0:49:16 [18:56:47] 3. Buffalo Wild Wings Conditional Use Permit/Certificate of
Appropriateness, #Z-06209, open and continue to Nov. 6, 2006 (Kozub)
0:49:35 [18:56:52] Staff Report
Associate Planner Susan Kozub presented the staff report.
0:50:04 [18:57:23] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:50: 12 [18:57:36] Motion and Vote to continue the Buffalo Wild Wings eonditional
Use Permit/eertificate of Appropriateness, #Z-06209 hearing to Nov. 6, 2006.
It was moved bv Cr. Becker. seconded by Cr. Kirc;hhoff. to open and continue the
eonditional Use Permit/Certificate of Appropriateness hearine for Buffalo Wild
Wines. #Z-06209 to Nov. 6. 2006.
Those votin2 Ave heinl ers. Becker. Kirchhoff. Jacohson and Mayor Krauss.
Those votinl No bein2 none.
Those absent beine Cr. Rupp.
The motion carried.
0:51:04 [18:58:21] 4. Lincoln Park Condos Site Plan. #Z-06193 (Kozub)
0:51: 14 [18:58:27] Staff Report
Associate Planner Susan Kozub presented the staff report
0:57:45 [19:05:07] Applicant
Catherine Koenen of Gaston Engineering appeared for the applicant.
1:07:22 [19:15:00] Public Comment
Mayor Krauss called for public comment.
1:07:40 [19:15:18] Public Comment - Joanne Wilke
I
.
Joanne Wilke resides at 1665 Alder Court and spoke for the homeowners on Alder Court
and Maple Lane. She generally supports development in Lincoln Park but with
acceptable parameters.
1: 10:43 [19: 18:20] P14blic Comment - MaTV PriCf
Mary price resides at 1615 alder court. She has seen improvements over the last several
years and considers the neighborhood good mix and is not opposed to development in
general. Her major concern with the proposed development is congestion.
1:14:18 [19:22:04] Public Comment - Don Price
Don Price resides at 1615 Alder Court and opposes the project, it represents too much
clutter.
1:15: 19 [19:22:59] Public Comment - Bratton Dubose
Bratton Dubose resides at Alder Court and opposes the project and concerned about the
proposed development.
1:18:31 [19:26:35] Public Comment - Stacy Jackson
Stacy Jackson resides at 1523 Alder Court and opposes the thru street and the traffic and
safety issues this project would bring.
1:22:08 [19:30:00] Public Comment - Brian Hamer
Brian Hamer is a property owner directly across from the proposed project. He noted that
change is inevitable and should to be controlled. He lamented the loss of fannland and
the need for affordable housing in Bozeman.
1:24:31 [19:32:35] Applicant rebuttal
Applicant Jeremy Shay appeared on his own behalf and spoke in support of the project.
2:04:47 [20:13:37] Motion and Vote to table the Lincoln Park Condos Site Plan, #Z-
06193 until Nov. 6, 2006.
It was moved by Cr. Kirchhoff. seconded by Cr. JQcobson. to tahle the Lincoln Park
eondos Site Plan. #ZM06193 for three weeks [untO Nov. 6. 20061.
Those votln2 Aye hein2 Crs. Kirchhoff. Jacohson. Becker and Mayor Krauss.
Those votln2 No bein2 None.
Those absent beln!! Cr. RUDD.
The motion carried.
2:05:13 [20:14:30] Break
Mayor Krauss called for a break.
2:22:39 [20:31:46] K. Action Items (Continued)
2:22:50 [20:32:01] 1. Process proposal for MendenhalllWillson parking lot (Kukulski)
t
2:22:52 [20:32:09] Staff Report
City Manager Chris Kukulski presented the staff report.
2:51:30 [21 :01: 17] Public Comment - David wsesff
David Losesff resides in Bozeman and is the owner of the Baxter Hotel. He requested
that the Commission reconsider selling the Mendenhall!Willson parking lot.
2:55:05 [21:04:52] Public Comment - Chris Pope
Chris Pope resides at 1508 S. Willson and is the Chairman of the parking Commission.
He thanked the City Manager for support and offered support of the Parking Commission
to the City Manager.
2:58:35 {21:08:15] Motion adopt the process proposal for MendenhalllWillson
parking lot.
It was moved bv Cr. .lacohson to adoot the process oropOsal for
MendenhalllWillson parkimz lot with the additional information in Item 9 that more
exolicitlv spells out the 20als and objectives of the Cltv's adopted olans for the
downtown area.
Motion died for lack of a second.
3:06:32 Motion to approve the process proposal for the [southeast corner]
MendenhalllWillson parking lot.
It was moved bv Cr. Jacobson. seconded hv Cr. Kirchhoff. to approve the orocess
proposal for the r southeast corner 1 MendenhalVWillson parkine lot and In
reference to No.9 rof the Commission memol that rthe Commlssionl more explicitlv
delineate the swals and ohtectives of the Cltv's adopted plans for the downtown area.
3:07:44 [22: 18:37] Vote to approve the process proposal for the [southeast corner]
MendenhalllWillson parking lot.
rIt was moved by er. Jacobson. seconded hv Cr. Kirchhoff. to aoorove the process
oroPOsal for the r southeast corner 1 Mendenh~IVWillson parkln2 lot and in
reference to No.9 rofthe Commission memol that rthe Commissionl more explicitly
delineate the 20815 and ohlectives of the City'S adooted plans for the downtown are.l
Those votln2 Aye heln2 Cn. Jacobson and Kirchhoff.
Those votinsz No beine: Cr. Becker and Mavor Kr~uss.
Those ahsent heine Cr. Rupp.
The vote tied 2 - 2.
3:08:18 Amendment of prior Motion
It was moved hv Cr. Becker. seconded bv er. Kirchhoff. to amend the prior motion:
1
,
rIt was moved bv Cr. Jacobson. seconded hv er. Kirchhoff. to approve the process
orooosal for the r southeast corner 1 MendenhalllWillson Darkine lot and in
reference to No.9 r of the eommission memo 1 that r the eommission 1 more explicitlv
deIlneate the eoals and objectives of the City'S adooted olans for the downtown
area.l
to Include that the r Darkln!l status QUO must be exceeded.
Vote on amended motion.
rIt was moved bv er. Becker. seconded hy Cr. Kirchhoff. to amend the Drlor
motion:
(It was moved by Cr. Jacobson. seconded hv Cr. Kirchhoff. to approve the orocess
orooosal for the r southeast corner 1 MendenhalVWillson parkine lot and In
reference to No.9 r of the Commission memo 1 that rthe Commission 1 more explicltlv
delineate the eoals and obiectives of the Citv's adooted olans for the downtown
area.l
to Include that the r parkin!l status QUO must be exceeded.l
Those votimz Ave beln! Crs. Becker. Kirchhoff and Jacobson.
Those votina No beln! Mavor Krauss.
Those ahsent belosz Cr. Rupp.
The motion carried.
3:08:39 [21: 14:35] 2. Affordable Housing Task Force request for extension of time
(Kukulski)
3:08:55 [21:16:21] Staff Report
Assistant City Manager Ron Brey presented the staff report.
3:14:50 [21:19:26] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:15:04 [21:19:28] Motion to provide the Affordahle Housing Task Force an
extension of time.
It was moved bv Cr. Kirchhoff. seconded hv er. Jacohson. to Rive the rAtTordable
Houslne 1 Task Force more time.
3:17:09 Vote to provide the Affordable Housing Task Force an extension of time.
(It was moved by Cr. KlrcblwtT. seconded by Cr. Jacobson to llive the rAffordahle
Houslnal Task Force more tlme.l
Those votlne Ave beina Cn. Kirchhoff. Jacohson. Becker and Mayor Krauss.
,
,
Those votln2 No helnt! none.
Those ahsent heln2 Cr. Ruop.
The motion carried.
3:17:27 [21:25:18] 3. Appointments to the Historic Preservation Board (Fontenot)
3:18:38 AppOintments delayed for one week to Octoher 23.2006.
3:18:42 [21:25:46] 4. Appointment to the Parking Commission (Fontenot)
3:20:53 [21:26:58] Mavoral AppOintment to the Parkin2 Commission
Mavor Krauss aOpOinted Lisa Danzl-Scott for a two year term to the Parkine
Commission.
3:21:21 L. Non-Action Items
3:21:26 [21:27:45] 1. Goal Setting for 2007 and Beyond, continued from October 2 and
9,2006 (Kukulski)
3:21:40 [21:28:38] Staff report
Mr. Kukulski presented the staff report and it was determined that this issue would be
revisited at the October 30, 2006 work session.
3:29:07 [21:33:36] M. FYI/Discussion
3:29: 11 [21 :34:52] Mayor Krauss
Mayor Krauss reminded the Commission that they have a retreat on October 19,2006 at
the Gallatin River Lodge.
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3:30:24 [21:35:02] Mr. Kukulskl /:, '0",:/---::::,_:",:
Mr. Kukulski reminded the Commission that October 23 ComnftS$il51n.ll~eting win-be
held at City Hall and will begin at 5:00 PM with an Executive:s66sion:~~~l}~mi~ed
~he Commissio~ ofthe Joint City-COU?ty meeting beginning atq:~fi>ber 20
In the Commumty Room of the Gallatin County Courthouse.N!r.- ~~ the
Commission on a meeting with the Kirshenbaum's regarding the;c~ii~--=Prir8ton
Road. .,~~~,/ ~
",,: -, ;
- ...., -..I' ...-'"
3:38:16 [21:36:10] Commissioner Becker
Commissioner Becker noted that small business grants are available and may assist the
Kirshenbaums, also he suggested Mr. Kidder contact him. He mentioned the Congress of
Cities meeting on November 9,2006 in Reno, Nevada. Finally, he audited ornamental
traffic signals in the East and suggested the City pursue this type of improvement.
3:41:11 [21:39:20] Public Works Director Debbie Arkell
Public Works Director Debbie Arkell provided the Commission with a lower yards
utilization update. She circulated a memo with the details.
I
f
3:45:32 [21:39:44] Mr. Epple
He noted that the schedule for the final round of UDO edits has been determined. The
Planning board proposed a Dec 5th and 19 hearings and Jan 15th and 22 hearings for the
Commission.
3:50:58 [22:11:42] Mayor Krauss - suspension of the Rules of Procedure
Mayor Krauss suspended the rules for 10 minutes.
3:51:05 [21:40:59] Commissioner Jacobson
Commissioner Jacobson requested permission to attend the Town Gown seminar in
Clemson South Carolina. She requested that a discussion of the Big Box fund be placed
on the agenda.
4:07:54 [22:08: 17] Mayor Krauss
Mayor Krauss discussed traffic and road closures near Fowler Road. Mayor Krauss
suggested a differentiated crosswalk at the crossing at 25th Street. Mayor Krauss
suggested working at intersections during delays in other projects. He noted that he
attended MSU Tomorrow. Mayor Krauss suggested considering two-way traffic on
certain one-way streets in Bozeman.
4: 12:09 [22:09:06] N.
Adjournment
Mayor Krauss adjourned the meeting at 10: 10 PM.
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