HomeMy WebLinkAbout08-28-2006 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 28, 2006
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, August 28,2006, at 6:00 p.m. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. JeffRupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debra
Arkell, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, City Treasurer
Laurae Clark, City Attorney Paul Luwe, Deputy City Clerk Stuart Bernard, and City Clerk Brit
Fontenot.
0:07:58 [17:55:33] A.
0:08:06 [18:03:43] B.
Call to Order
Pledge of Allegiance and Moment of Silence
0:14:09 [18:03:46] Changes to the Agenda
City Manager Chris Kukulski noted several changes to the agenda including:
1. Removal from the Consent agenda (E4) and postponement until September 11, the final
adoption of Ordinance 1670 for the Board of Adjustment Unified Development Ordinance Text
Amendment, #Z-06161 (Saunders). It should be revisited at the end ofthe meeting.
2. Public Hearing Item 16 - Mt. Baldy Minor Subdivision Zone Map Amendment, #Z-06178
(Saunders) should be moved to Public Hearing II.
3. There is a spelling error in Public Hearing 18, Oak Springs should read "Oak Meadows".
4. Item J 1, Mendenhall/Willson parking discussion; no conclusive decision can be made at this
meeting to sell the property, may decide to bid, auction, or sell. An appraisal must be used to set
fair value, and a Public Hearing must be properly advertised and conducted.
Mayor Krauss added that the language in the motion and vote for Action Item 13 "Vote to break the
2-2 tic on motion to enact an Interim Zoning Ordinance in relation to Bridger View Mobile Home
Park" should read "Motion to direct staff to 'bring back an interim zoning ordinance"', because an
ordinance has not been submitted to the Commission.
0:16:05 [18:04:28] C. Public Service Announcement
Executive Assistant Karen Semerau reminded the public about the Gallatin Valley's Streamline bus
system.
0:17:12 [22:36:47] Approval of August 21, 2006 Linked Minutes
0: 17:20 [18:04:38] Motion and Vote to approve the August 21,2006 minutes as submitted.
2
It was moved bv Cr. Becker. seconded Cr. Rupp to approve the AuS!:ust 21, 2006 minutes as
submitted.
Those votinS!: Ave beinS!: Crs. Becker, Rupp, Kirchhoff, Jacobson and Mavor Krauss.
Those votinS!: No beinS!: none.
The motion carried.
0: 17:39 [18: 11 :42] E.
Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign Lease Agreement between City of Bozeman and Hinesley
Family Limited Partnership No.1 for Lot 2, Block 19, Laurel Glen Subdivision, Phase 2 (Arkell)
3. Adopt Resolution 3949 to authorize the expansion of the Parking Commission. (Rosenberry)
4. REMOVED FROM THE CONSENT AGENDA (see Changes to the Agenda above)
5. Approve Meadow Creek Park Master Plan (Skelton)
6. Adopt Resolution No. 3945 - Change Order No.3 Hyalite Transmission Main Project (Stodola)
7. Adopt Resolution No. 3950 Bozeman Deaconess Health Services Sub-Area Plan (Sanford)
8. Approve Creekwood Park Master Plan (Windemaker)
0: 17:43 [18: 11 :52] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:18:09 [18:13:15] Motion and Vote to approve consent items El-3 and 5-8.
It was moved bv Cr. Rupp, seconded bv Cr. Kirchhoff, to approve consent items EI-E3 and
E5- E8.
Those votine Ave beinS!: Crs. Rupp. Kirchhoff. Jacobson. Becker and Mavor Krauss.
Those votinS!: No beinS!: none.
The motion carried.
0:18:25 [18:13:48] F.
Public comment
Mayor Krauss called for public comment. This is 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. Please limit your
comments to 3 minutes.
0:18:56 [18:13:58] Public Comment-Bob Wade and Kathv Brown
Bob Wade and Kathy Brown reside at 407 Overbrook Drive notified the public that the Bozeman
Classic, Baghdad Edition, will take place on Saturday, September 2nd, 2006. Interested persons
can run simultaneously from Lindley Park beginning at 7 pm Friday, September 1,2006.
0:21 :41 [18:14:12] Public Comment - Jobv Sabol on behalf of Linda Holland
Mr. Joby Sabol, on behalf of Linda Holland, briefed the Commission and requested that an interim
zoning ordinance not be passed until after the property closes.
3
0:24:22 [18:14:32] Public Comment - David Losesff
David Losesff resides at 105 West Main Street and questioned when it would be appropriate to
comment on the Willson/Mendenhall parking lot issue.
0:25:46 [18:14:57] G.
Special Presentation
0:25:52 [18: 17:46] 1. Proposal of a new ice rink at the Gallatin County Fairgrounds (Hope)
Mr. Mike Hope and Ms. Angie Delaney presented plans for an ice rink at the Gallatin County
Fairgrounds.
0:55:15 [18:46:57] Mayor Krauss
Mayor Krauss and the Commission directed staff to return with a proposal addressing the timing of
any suggested payment and other ideas.
0:56:22 [18:50:40] Bob Fletcher
Mr. Fletcher is local business owner and supports a new ice rink at the Gallatin County
Fairgrounds.
0:59:11 [18:53:06] H.
Action Item (public comment will be taken)
0:59:22 [18:54:24] 1. Mt. Baldy Minor Subdivision Annexation, #A-06007 (Saunders)
1:00:51 [18:55:06] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
1:10:30 [19:01:51] Applicant
Brian Bolen of C & H Engineering appeared for the applicant.
1 :12:28 [19:07:21] Applicant Don Jackson spoke on his behalf.
1 :13:40 [22:39:13] Public Comment
Mayor Krauss called for public comment.
1: 13 :53 [19:08:39 J Public Comment - Michael Pran
Michael Pratt resides at 865 Cape Avenue and spoke for Ethel Tice, Marilyn Collins and other
members of the Mt. Baldy Subdivision, and stated that should the Commission decide to annex lots
21 and 22 they do so under the current zoning and follow the procedure for changing the zoning
with a zone map amendment.
1 :15:19 [19:08:59] Public Comment - Kathv Camobell
Kathy Campbell resides at 2205 Bridger Drive and opposes the annexation of lots 21 and 22 in Mt.
Baldy subdivision.
1: 16: 14 [19:09:36] Public Comment - Millie McAfee
Millie McAfee resides at 1321 Bridger Drive and owns other property on Bridger drive and
opposed the annexation of lots 21 and 22 in Mt. Baldy subdivision.
4
1:18:18 [19:10:49] Public Comment-Rufus Cone
Rufus Cone resides at 1413 Bridger Drive opposes the annexation oflots 21 and 22 ofMt. Baldy
Subdivision and is concerned about changes to the character of the neighborhood ifthe property is
annexed.
1:19:47 [19:12:32] Public Comment- Clinton Cain
Clinton Cain resides at 2551 Magenta Road and opposes annexation because the Bozeman City
sewer plant lacks the capacity to accommodate more sewer.
1 :21 :03 [19:13:24] Public Comment - Marilvn Collins
Marilyn Collins resides at 1509 Bridger Drive and opposes the annexation of Lots 21 and 22 of the
Mt. Baldy subdivision.
1 :23:07 [19:15:25] Applicant - responding to public comment
Brian Bolen of C & H Engineering responded to the public comment on behalf of the Applicant.
1 :24:54 [19: 17:04] Motion to approve Mt. Baldy Minor Subdivision Annexation, #A-06007, with
the conditions and terms Uor annexation} outlined by staff.
It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve Mt. Baldv Minor
Subdivision Annexation. #A-06007. with the conditions and terms rfor annexationl outlined
bv staff:
1. That the applicant execute at the Gallatin Countv Clerk & Recorder's Office a waiver
of rie:ht-to-protest creation of S.I.D. 's for a Citv-wide Park Maintenance District. which
would provide a mechanism for the fair and equitable assessment of maintenance costs for
Citv parks as part of the Annexation Ae:reement.
2. That provisions for water rie:hts or cash in-lieu of water rie:hts be provided in an
amount determined by the Director of Public Service. prior to the Citv Commission adoptine:
the Resolution of Annexation and acceptine: the Annexation Ae:reement.
3. The land owners and their successors shall pay all fire and street impact fees for
existine: development at time of annexation; water and sewer impact fees at the time of
connection; and for future development as required bv Chapter 3.24. Bozeman Municipal
Code. or as amended at the time of application for any permit listed therein.
4. An Annexation Map. titled "Mt Baldy Lots 21&22 Annexation Map" with a lee:al
description of the propertv and any adioinine: unannexed rie:hts-of-way and/or street access
easements shall be submitted by the applicant for use with the Annexation Ae:reement. The
map must be supplied on a mylar for Citv records (18" bv 24"). a reduced 8 ~" x 11" or 8 ~"
by 14" exhibit for mine: with the Annexation Ae:reement at the Countv Clerk & Recorder.
and a die:ital COpy for the Citv Ene:ineer's Office. This map must be acceptable to the
Director of Public Services and Citv Ene:ineer's Office. and shall be submitted with the sie:ned
Annexation Ae:reement.
5
5. That the applicant executes all contine:encies and terms of said Annexation Ae:reement
with the City of Bozeman within 60 davs of the receipt of the annexation ae:reement. or
annexation approval shall be null and void.
6. The applicant will coordinate development of and extend future parks and trails with
parks and trails in adiacent development.
7. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Rie:ht to Protest Creation of SIDs for the followine::
a) Street improvements includine: pavine:. curb/e:utter. sidewalk and storm
drainae:e facilities for the followine: streets:
ilBride:er Drive
iilStorv Mill Road
b) Sie:nalization Improvements for the followine: intersections:
il Bride:er Dr.lStorv Mill Rd.
in Bridl!er Dr.lGriffin Dr./Rouse Avenue. The documents
filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer ae:rees to
participate in an alternate financine: method for the completion
of said improvements on a fair share. proportionate basis as
determined bv square footae:e of property. taxable valuation of
the property. traffic contribution from the development or a
combination thereof.
8. The owner shall provide a public street and utility easement for Bridl!er Drive. The
easement shall be 60 feet wide from the centerline which is half of the principal arterial
standard as shown in the Greater Bozeman Area Transportation Plan.
9. Upon annexation and availability of services, the existine: structures shall either be
connected to municipal services.
1 :32:35 [19:26:45] Vote on approval 0/ Mt. Baldy Minor Subdivision Annexation, #A-06007,
with the conditions and terms Uor annexation] outlined by staff (See conditions above)
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Mt. Baldy Minor
Subdivision Annexation, #A.06007, with the conditions and terms [for annexation] outlined by
staff] (See conditions above).
Those votinl! Ave beinl! none.
Those votine: No beine: Crs. Kirchhoff. Jacobson. Becker. Rupp, and Mavor Krauss.
The motion failed.
6
1 :32:58 [19:27:04] Motion and Vote to table the Mt. Baldy Minor Subdivision Zone Map
Amendment indefinitely.
It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to table item 16. Mt. Baldv Minor
Subdivision Zone Map Amendment indefinitely.
Those votine Ave beine Crs. Becker. Rupp. Kirchhoff. Jacobson and Mavor Krauss.
Those votine no beine none.
The motion carried.
1 :33:33 [19:27:22] Break
Mayor Krauss called for a 5 minute break.
1 :44:21 [19:28:27] 1. Public Hearings
1 :44:23 [19:28:44] 1. Wastewater Treatment Plant Annexation, #A-06005, opened and continued
from August 21st (Saunders)
1 :44:32 [19:30: 16] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
1 :50:30 [19:42:04] Public Comment
Mayor Krauss called for public comment.
1 :50:45 [19:42:06] Public Comment - Clinton Cain
Clinton Cain resides at 2551 Magenta Road and opposes the WWTP annexation.
1:58:06 [19:48:25] Motion to approve the Wastewater Treatment Plant Annexation, #A-06005
and associated extensions 0/ service plan as termed by staff.
It was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve the Wastewater Treatment
Plant Annexation. #A-06005 and associated extensions of service plan as termed bv staff:
1. An Annexation Map. titled "WWTP Annexation Map" with a leeal description of the
property and adioinine unannexed riehts-of-wav and/or street access easements shall be
submitted bv the applicant for use with the Annexation Aereement. The map must be
supplied on a mylar for City records (18" bv 24"). a reduced 8 ~" x 11" or 8 ~" bv 14"
exhibit for mine with the Annexation Aereement at the County Clerk & Recorder. and a
dieital COpy for the City Eneineer's Office. This map must be acceptable to the Director of
Public Services and City Eneineer's Office. and shall be submitted with the siened
Annexation Aereement.
2:00:34 [19:53:57] Vote to approve the Wastewater Treatment Plant Annexation, #A-06005 and
associated extensions 0/ service plan as termed by staff (see terms above)
7
rIt was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve the Wastewater Treatment
Plant Annexation. #A-06005 and associated extensions of service plan as termed bv staff 1 (see
terms above)
Those votine: Ave beine: Crs. Becker. Rupp. Kirchhoff. Jacobson and Mavor Krauss.
Those votine: No beine: none.
The motion carried.
2:00:44 [19:54:12] 2. Wastewater Treatment Plant Zone Map Amendment, #Z-06173, opened and
continued from August 21st (Saunders)
2:01 :02 [19:56:13] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
2:03:06 [19:57:26] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:03:19 [19:58:31] Motion and Vote to approve Zone Map Amendment, #Z-06173[as
conditioned by staID, and direct preparation 01 [an} implementing ordinance.
It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve Zone Map Amendment.
#Z-06173 ras conditioned bv stam. and direct preparation of ranl implementine: ordinance.
Conditions for Approval:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is sie:ned bv the applicant and formallv approved bv the City
Commission. If the annexation is not approved. the application shall be null and void.
2. That the applicant submit a zone amendment map. titled "Mt Baldv Lots 21&22 Zone
Map Amendment". on a 24" bv 36" mylar. 8~" bv 11". or 8 Vi" bv 14" paper exhibit. and a
die:ital COpy 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 Zonine:
Map. Said map shall contain a metes and bounds lee:al description of the perimeter of the
subiect property and zonine: districts. total acreae:e of the property and any unannexed
adioinine: rie:hts-of-wav and/or street access easements.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds lee:al description prepared bv a licensed Montana
surveyor and map of the area to be rezoned. which will be utilized in the preparation of the
Ordinance to officiallv amend the zone map.
Those votine: Ave brine: Crs. Rupp. Kirchhoff. Jacobson. Becker and Mavor Krauss.
Those votine: no beine: none.
The motion carried.
8
2:03:50 [19:58:58] 3. Delmue Residence Site Plan/Certificate of Appropriateness/Deviation(s),
#Z-06143 (Bristor)
2:04:03 [19:59:04] Staff Report
Associate Planner Allyson Bristor presented the staff report.
2:09:34 [20:02:10] Applicant
Rob Pertzbom, of Intrinsic Architecture, appeared for the applicant.
2:14:43 [20:07:14] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:15:07 [20:07:44] Motion and Vote to approve the Delmue Residence Site Plan/Certificate oj
Appropriateness/Deviation(s), #Z-06143, as conditioned by planning staff.
It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to approve the Delmue Residence
Site Plan/Certificate of Appropriateness/Deviation(s). #Z-06143. as conditioned by plannine:
staff
Conditions of Approval:
1. Prior to Final Site Plan approval. the applicant shall submit a modified site plan and
modified elevations of the proposed house to the Department of Plannine:. which shows the
followine::
a. Driveway lene:th shortened to 11 feet rather than 12 feet:
b. No more than a 5-foot encroachment into the rear yard setback for the rear 2nd
stOry balcony:
c. Written clarification of proposed roofine: material:
d. Detailed fence schematic and/or e:raphic for all proposed fences. which clearly notes
the materials:
e. Detailed window schematic and/or e:raphic for all proposed windows. which clearly
notes the materials of all window elements (sash. frame. e:lass. etc.);
f. Detailed steel schematic and/or e:raphic for all proposed steel porches. which clearly
notes the treatment and color of steel; and One of the followine: chane:es to the lare:e
fixed window on the north elevation:
1) provide an exterior. non-metal casine:lframe around the window that
attaches flat ae:ainst the wall claddine: or;
2) provide muntins to divide the lare:e e:lass surface into smaller panes. All
modified materials shall be subiect to final desie:n review and approval bv
Administrative Desie:n Review Staff.
9
2. The new construction shall include the hede:e that is depicted alone: the north elevation of
the house.
3. A Boundary Survey Exhibit. which is certified bv a Ree:istered Land Surveyor in the
state of Montana. shall be provided with the Final Site Plan submittal. Property boundaries
shall be labeled on the exhibit. with bearine:s and distances that reflect those to be recorded
with the Amended Plat durine: the Subdivision Exemption application process.
4. Prior to Final Site Plan approval. the applicant shall provide a color palette and sample
materials board to the Department of Plan nine:. for final desie:n review and approval bv
Administrative Desi!!:D Review Staff.
5. This proiect shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Anv modifications to the submitted and
approved drawine:s shall invalidate the proiect's approval unless the applicant submits the
proposed modifications for review and approval bv the Department of Plannine: prior to
undertakine: said modifications.
6. The Final Site Plan shall be adequately dimensioned. A complete lee:end of all line types
used shall also be provided.
7. Sewer and water services shall be shown on the Final Site Plan and approved bv the
Water/Sewer Superintendent. City of Bozeman applications for service shall be completed bv
the applicant. All trees must be at least ten (10) feet from any public utilities or service lines.
Public utilities and service lines shall be shown on the finallandscapine: plan.
8. A street cut permit shall be obtained for the water and sewer service connections to the
mains in East Peach Street and North Tracv Avenue.
9. A utility easement shall he provided on the lot with the existine: residence for the sewer
service that passes throue:h it to the lot for the proposed residence prior to approval of the
Final Site Plan.
10. Drive approach and public street intersection sie:ht triane:les shall be free of plantine:s
which at mature e:rowth will obscure vision within the sie:ht triane:le.
11. The drive access openine: shall not exceed 24 feet in width measured at the rie:ht-of-wav
line unless a deviation is requested per Section 18.44.090 H of the Unified Development
Ordinance and is approved bv the City Ene:ineer.
12. Anv cracked or broken portions of sidewalk alone: the street frontae:e shall be replaced.
13. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleanine:tsweepine: of material that is
drae:e:ed to adiacent streets. The City may require a e:uarantee as allowed for under this
section at any time durin!! the construction to ensure any damae:es or cleanine: that are
10
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.
Those yO tine: Aye beine: Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss.
Those votine: No beine: none.
The motion carried.
2:16:04 [20:10:47] 4. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041, open
and continue to November 6th (Skelton)
2:16:27 [20:10:54] Staff Report
Andy Epple presented the staff report.
2:24:06 [20:13:20] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:27:14 [20:17:23] Motion and Vote to continue to Nov. 6,2006, #P-06041 {Edgewood
Townhomes Major Subdivision Preliminary Plat}.
It was moved by Cr. Jacobson. seconded by Cr. Becker. to continue to Nov. 6. 2006. #P-06041
rEde:ewood Townhomes MaiorSubdivision Preliminary Platl.
Those votine: Ave beine: Crs. Jacobson. Becker. RUPD. Kirchhoff and Mavor Krauss.
Those votine: No beine: none.
The motion carried.
2:27:49 [20:18:56] 5. Edgewood Townhomes Preliminary Planned Unit Development, #Z-06123,
open and continue to November 6th (Skelton)
2:27:58 [20:20:08] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:28:12 [20:22:39] Motion and Vote to continue to Nov. 6, #Z-06123 {Edgewood Townhomes
Preliminary Planned Unit Development}.
It was moved hv Cr. Becker. seconded hv Cr. Ruoo. to continue to Nov. 6. #Z-06123 lEdeewood
Townhomes Preliminarv Planned Unit Develooment/.
Those votine Ave heine Crs. Becker. Ruoo. Kirchhoff. Jacohson and Mavor Krauss.
Those votine No heine none.
The motion carried.
2:29:24 [20:23:09] 7. Resolution 3946 Creation of Special Improvement Lighting District 689
Legends at Bridger Creek Phases I-II (Shannon)
11
2:30:57 [20:24:53] Break
Mayor Krauss called for a break.
2:39:48 120:25:51] Mayor Krauss - Clarification on Item 13
Mayor Krauss clarified that during the motion and vote for Action Item 13 - Vote to break the 2-2
tie on a "Motion to direct staff to bring back an interim zoning ordinance, public comment has been
taken at the last meeting and will not be taken again.
2:41:00 [20:26:34] 7. Resolution 3946 Creation of Special Improvement Lighting District 689
Legends at Bridger Creek Phases I-II (Shannon)
2:41 :05 [20:26:37] Staff Report
City Treasurer Laurae Clark presented the staff report.
2:43:16 [20:28:07] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:43:30 [20:28:14] Motion and Vote to adopt Resolution 3946 and SILD 689 {Creation of
Special Improvement Lighting District 689 Legends at Bridger Creek Phases I-II}
It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to adopt Resolution 3946 and SILD
689 [Creation of Special Improvement Lie:htine: District 689 Lee:ends at Bride:er Creek Phases
I-Ill
Those votine: Ave beine: Crs. Rupp. Kirchhoff. Jacobson. Becker and Mavor Krauss.
Those votine: No beine: none.
The motion carried.
2:44:21 [22:32:25] Mayor Krauss reminded the public that no public comment will be taken on
Item 13
2:44:46 [20:29:38] 8. Resolution 3947 Creation of Special Improvement Lighting District 693
Oak Springs Meadows (Shannon)
2:44:51 [20:38:41] Staff Report
City Treasurer Laurae Clark presented the staff report
2:46:14 [20:40:05] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:46:27 [20:41 :02] Motion and Vote to approve Resolution 3947 Creation of Special
Improvement Lighting District 693 Oak Meadows.
It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to approve Resolution 3947
Creation of Special Improvement Lie:htine: District 693 Oak Meadows.
12
Those votine: Aye beine: Crs. Kirchhoff. Jacobson. Rupp and Mayor Krauss.
Those votine: No beine: none.
Abstentions - Cr. Becker
The motion carried.
2:47:10 [20:41:06] 9. Resolution 3948 Creation of Special Improvement Lighting District 688
Valley West Phases I-III (Shannon)
2:47:24 [20:42:15] Staff Report
City Treasurer Laurae Clark presented the staff report.
2:49:51 [20:45:01] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:50:09 [20:45:14] Motion and Vote to approve Resolution 3948 Creation o/Special
Improvement Lighting District 688 Valley West Phases I-III.
It was moved by Cr. Jacobson. seconded by Cr. Becker. to approve Resolution 3948 Creation
of Special Improvement Lie:htine: District 688 Valley West Phases I-III.
Those votine: Aye beine: Crs. Jacobson. Becker. Rupp. Kirchhoff and Mayor Krauss.
Those votine: No beine: none.
The motion carried.
2:50:45 [20:45:23] 1. Action Items (public comment will be taken)
2:50:50 [20:46:26] 1. Mendenhall/Wilson parking lot
2:51:01 [20:46:32] Staff Report
City Manager Chris Kuku1ski read his August 28, 2006 memo into the record.
3:08:39 [20:47:39] Public Comment-DavidLosesff
David Losesff resides at 1 05 West Main Street and owns the Baxter Hotel. He opposes selling the
Mendenhall/Willson parking lot because the lot is an important site for employees, customers and
neighbors.
3:12:14 [20:48:16] Public Comment-Brian Gallik
Brian Gallik - 35 North Grand Ave on behalf of Baxter Main LLC. Mr. Gallik's client opposes the
sale of the Mendenhall/Willson parking lot.
3:15:57 [20:49:00] Public Comment-Bob Fletcher
Mr. Fletcher owns the Cannery and other properties downtown and opposes the sale ofthe
Mendenhall/Willson parking lot.
3:17:54 [20:49:12] Public Comment- Chris Pope
13
Chris Pope is the head of the Bozeman Parking Commission stated the Commission has fully
reviewed, in a public venue, the unsolicited buy/sell agreement. He stated that a project would
maintain or improve parking downtown.
3:21 :41 [20:49:55] Public Comment - Ileana Indreland
Ileana Indreland resides at 921 South Third. Ms. Indreland serves as a member of BID Board. She
stated that a variety of small parking lots are needed in downtown. She opposes the sale of the
Mendenhall/Willson parking lot.
3:23:45 [20:49:56] Public Comment - Mike HODe
Mike Hope resides at 211 East Main. He is opposed to the sale of the Mendenhall/Willson parking
lot.
3 :26:47 [20:50:08] Public Comment - Michael Delanev
Michael Delaney resides at 101 east main street. He is neither opposes to nor approves of the sale
of the Mendenhall/Willson parking lot but he is concerned with the ethics and transparency and
contamination in City government.
3:58:43 [21 :43:28] Motion to authorize the City Manager to advertise/or a public hearing to be
held on September 18th, 2006 to consider possibilities o/the City's parking lot located on the
south-east corner of Willson and Mendenhall.
It was moved by Cr. Becker. seconded by Cr. Rupp. to authorize the City Manager to
advertise for a public hearing to be held on September 18th. 2006 to consider possibilities of
the City's parking lot located on the south-east corner of Willson and Mendenhall.
4:01 :09 122:33: 12] Vote to authorize the City Manager to advertise Jor a public hearing to be held
on September 18th, 2006 to consider possibilities oJthe City's parking lot located on the south-
east corner of Willson and Mendenhall.
rIt was moved by Cr. Becker. seconded by Cr. Rupp. to authorize the City Manae:er to
advertise for a public hearing to be held on September 18th. 2006 to consider possibilities of
the City's parkin!! lot located on the south-east corner of Willson and Mendenhall.l
Those votin!! Aye bein!! Crs. Becker. Rupp. Kirchhoff. Jacobson and Mayor Krauss.
Those votin!! No bein!! none.
The motion carried.
4:03:06 [22:34:17] 2.
Appoint members to the Community Alcohol Coalition. (Fontenot)
4:03:28 122:35:35] Motion and Vote to appoint members to the Community Alcohol Coalition
It was moved by Cr. Rupp. seconded bv Cr Kirchhoff. to re-avpoint Donna LaRue (Law
Enforcement MSU) Jenna Caplette (Nei!!hborhood Representative) and appoint Sheena Rice
(MSU-Bozeman Student) Stacie Taylor (Hospitality Representative) to the Community
Alcohol Coalition.
Those votin!! Aye bein!! Crs. Rupp. Kirchhoff. Jacobson and Becker.
14
Those votine: No beine: Mayor Krauss.
The motion carried.
4:05:06 [21 :48:50] 3. Vote to break the 2-2 tie on motion to enact an Interim Zoning Ordinance
in relation to Bridger View Mobile Home Park (Epple)
4:05:30 [22:41:49] Re-reading of the August 21,2006 motion - City Clerk
It was moved by Cr. Rupp, second by Cr. Jacobson, to direct staff to pursue option 2 [shown in the
August 21, 2006 Commission Memo, Interim Zoning Ordinance] and bring this back for the
Commission's consideration. Those voting Aye on August 21, 2006 being Crs. Rupp and Jacobson.
Those voting No on August 21,2006 being Cr. Becker and Mayor Krauss. The vote tied 2~2.
4:05:51 [21:50:03] Vote-Cr. Kirchhoff
After reviewine: the record. Cr Kirchhoff voted in favor of the followine: motion: It was
moved by Cr. Ruop. second by Cr. Jacobson. to direct staff to oursue ootion 2 r Interim
Zonine: Ordinancel and brine: this back for the Commission's consideration.
Those votine: Aye on Aue:ust 21. 2006 beine: Crs. Ruoo and Jacobson.
Those votine: No on AUlust 21. 2006 beine: Cr. Becker and Mayor Krauss.
The vote tied 2-2.
Those votine: Aye on Aue:ust 28. 2008 beine: Cr. Kirchhoff.
The motion carried.
4:06:39 [21:50:14] Clarification-Mr. Luwe
4:07:08 [21:51:11] K. Non-Action Items
4:07:25 [21 :52:01] Mayor Krauss - Discussion on final adoption of Ordinance 1670, Board of
Adjustment (UDO Text Amendment)
4:12:39 [22:03:40] 1. Inventory of manufactured homes (Epple)
4:13:20 [22:04:14] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
4:31:09 [22:09:21] Mayor Krauss - suggested a Work Session on this topic
4:35:28 [22:11:19] 2. FYI/Discussion
4:35:30 [22:13:39] FYI - Mayor Krauss
4:37:49 [22:14:18] FYI - Commissioner Rupp
4:39:55 [22:17:20] FYI - Karen Semerau
4:40:21 [22:17:25] FYI - Mr. Kukulski
4:43:13 [ ] FYI - Commissioner Becker
4:43:22 [22:25:22] FYI - Ms. Arkell
4:44:19 [22:25:31] L.
Adjournment
15
At 10: 25 p.m., Mayor Krauss adjourned the meeting.
~k[t..c.~
J ef y , or
ATTEST:
"'-
Brit Fontenot, City Clerk
PREPARED BY:
Brit Fontenot, City Cler
\
Approved on 4 Wu- III g..crc~ .