HomeMy WebLinkAbout2008-11-17 Regular Meeting Minutes
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 17, 2008
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The Commission of the City of Bozeman met in the Commission Room, City Hall, 121 North
Rouse on Monday, November 17, 2008 at 6 p.m. Present were Mayor Kaaren Jacobson, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski,
Interim City Attorney Bob Planalp, Finance Director Anna Rosenberry, Planning Director Andy
Epple, City Clerk Stacy Ulmen and Deputy City Clerk Aimee Kissel.
0:09:54 A. Call To Order - 6 p.m. -Commission Room, City Hall - 121 North Rouse
Mayor Jacobson called the meeting to order.
0:09:56 B. Pledge of Allegiance and a Moment of Silence
0:10:38 C. Changes to the Agenda
0:10:43 Chris Kukulski, City Manager
Mr. Kukulski stated that he was not aware of any changes to the agenda.
0:10:48 D. Public Service Announcement
0:11:09 1. Advisory Board Expirations and Vacancies (Kissel)
0:11:10 Aimee Kissel, Deputy City Clerk
Ms. Kissel gave a presentation regarding expirations and vacancies on the Citizen Advisory
Boards.
0:15:18 2. City Offices will be closed on Thursday, November 27th and Friday,
November 28th, 2008 for the Thanksgiving Holiday (Ulmen)
0:15:38 Stacy Ulmen, City Clerk
Ms. Ulmen gave an announcement that City offices will be closed for the Thanksgiving Holiday.
0:16:12 E. Minutes- October 13, 2008
0:16:23 Motion and Vote to approve the Minutes from October 13, 2008 as submitted.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Minutes from October
13, 2008 as submitted.
Those voting Ave being Crs. Rupp, Becker. Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
0:16:41 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize the City Manager to sign the 2008 Water Treatment Plant Professional
Services Agreement with HDR Engineering, Inc. (Murray)
3. Approve the Depository Bonds and Pledged Securities as of September 30, 2008
(Clark)
0:16:47 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:17:01 Motion to approve consent items 1-3.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve consent items 1-3.
Those voting Ave being Crs. Becker, Krauss, Rupp, Bryson and Mayor Jacobson.
Those voting No being none.
Motion carried 5-0.
0:17:35 G. Public Comment
Mayor Jacobson opened public comment.
0:18:46 Al Jager, Public Comment
Mr. Jager with Greengrowth Consulting at 2614 Bozeman would like the Commission to open
the doors of Bozeman to active adult communities. He asked that these communities be
considered in the future of Bozeman.
0:21:17 Public Comment Closed
Mayor Jacobson closed public comment.
0:21:28 H. Action Items
0:21:29 1. West Winds Major Subdivision Phase 4 Administrative Project
Determination Appeal #C-08005 (Eppley
0:21:45 Andy Epple, Planning Director
Mr. Epple began the presentation regarding the West Winds Appeal and explained what is at
issue.
0:32:38 John Dunlap, West Winds Applicant
Mr. Dunlap gave a presentation regarding the appeal.
0:42:55 Clint Litle, HKM Engineering
Clint continued the applicant's presentation.
Bozeman City Commission Meeting linked Minutes for November 17, 2008
0:49:09 Public Comment
Mayor Jacobson opened public comment.
0:49:23 Bob Biggerstaff, Public Comment
Mr. Biggerstaff of 555 Bushnell Road is a partner in Cascade Development and urged the
Commission to approve this appeal.
0:49:58 Lowell Springer. Public comment
Lowell Springer with Springer Group Architects at 3407 Augusta Drive thinks the issues are
very clear. The master plan for this PUD was accepted and then without notice across the street
some alignments were allowed to differ. The City was somewhat responsible for that and should
cooperate. The adjustment of the road in question is the biggest issue and since all along it was
intended to allow some variation in alignment it should be approved.
0:52:49 John Belshaw, Public Comment
Mr. Belshaw of 45 Gardner Park Drive said that after seeing the presentation he feels this street
alignment is common sense for what this quadrant of the development is for.
0:54:29 Public Comment closed
Mayor Jacobson closed public comment.
0:54:31 Motion to approve West Winds Phase IV Planned Unit Development Appeal
Application #C-08005.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve West Winds Phase IV
Planned Unit Developmnent Appeal Application #C-08005.
0:54:58 Discussion
1:13:17 Amendment to the Main Motion so that the affirmative vote only deals with the
Breeze way and how it is situated and must conform to local street standards and ASHTO
standards.
It was moved by Cr. Rupp, seconded by Cr.Krauss to amend the main motion so that the
affirmative vote only deals with the Breeze way and how it is situated and must conform to
local city street standards in its section and ASHTO standards.
1:14:53 Mr. Epple
Mr. Epple stated that if the amendment passes, planning needs to talk to the applicants a little
more about making more true T intersections for Breeze Lane.
1:16:56 Ms. Ulmen, City Clerk
Ms. Ulmen stated Cr. Rupp's amendment that the affirmative vote only deals with breeze way
and must confirm to local street standards and meets a minimum ASHTO standard and the
appropriate City standard in the street section.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
1:28:59 Amendment to the Main Motion withdrawn.
C r. RuAn withdrew his amendment to the main motion to amend the main motion so that
the affirmative vote only deals with the Breeze way and how it is situated and must
conform to local city street standards in its section and ASHTO standards.
1:30:49 Amendment to the Main Motion that the radius of curvature match ASHTO
standards and that the city street standards section is achieved.
It was moved by Cr. Becker, seconded by Cr. Bryson that the radius of the curvature
match ASHTO standards and that the city street standards section is achieved.
1:31:34 Discussion
1:32:41 Vote on the Amendment to the Main Motion that the radius of curvature match
ASHTO standards and that the city street standards section is achieved.
Those voting Ave being Crs. Becker, Bryson and Krauss.
Those voting No being Cr. Rung and Mayor Jacobson.
The motion carried 3-2.
1:33:38 Ms. Ulmen
Ms. Ulmen stated the main motion on the floor as amended as to approve the West Winds Phase
IV Planned Unit Development Appeal#C-08005 with the amendment to include the radius and
curvature match the ASHTO standard and city street standards and that it's achieved.
1:34:48 Vote on the Main Motion as Amended to approve the West Winds Phase IV
Planned Unit Development Appeal #C-08005 with the amendment to include that the
radius and curvature match ASHTO standard and that the city street standards section is
achieved.
Those voting Ave being Crs. Krauss, Bryson, Runn, Becker and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:35:29 2. Lindley House Rehabilitation and Second Structure Site Plan Certificate of
Appropriateness with Deviations #208207 (Kramer)
1:35:41 Courtney Kramer, Associate Planner
Ms. Kramer the Assistant Planner for Historic Preservation gave the staff presentation.
1:48:19 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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Bozeman Ciry Commission Meeting Linked Minutes for November 17, 2008
1:48:33 Motion to approve the Lindley House Rehabilitation and Second Structure Site
Plan Certificate of Appropriateness with Deviations #Z-08207 as conditioned by staff.
It was moved by Cr. Bryson and seconded by Cr Krauss to approve the Lindley House
Rehabilitation and Secondary Building Preliminary Site Plan Certificate of
Appropriateness with Deviations #Z-08207 as conditioned by staff
1:49:09 Discussion
2:12:17 Vote on the Main Motion to approve the Lindley House Rehabilitation and
Secondary Building Preliminary Site Plan Certificate of Appropriateness with Deviations
#Z-08207 as conditioned by staff.
Those voting Ave being Crs Bryson, Krauss and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson
The motion carried 3-2.
2:12:39 3. Town & Country Campus Square Site Plan and Zoning Variance
Applications #Z-08237 & #C-08006 (Bristor)
2:13:30 Allyson Bristor, Associate Planner
Ms. Bristor gave the staff presentation. Staff recommends all variance requests and the site plan
development.
2:30:17 Leah Shute, Studio Architects
Ms. Shute representing the applicant gave a presentation.
2:31:00 Randy Wall, Stahly Engineering and Associates
Mr. Wall a representative for the applicant from Stahly Engineering at 7585 Shedhorn Drive
provided a brief discussion regarding why the variance requests should be granted.
2:43:07 Jerry Perlinski, Majority Stakeholder in Town and Country
Mr. Perlinski of 15 Arnold would like to urge that these variances are granted.
2:44:28 Public Comment
Mayor Jacobson opened public comment.
She clarified that testimony would be taken on the entire application as a whole including the
variances.
2:45:19 Marv Vanthull. Public Comment
Ms. Vanthull of 416 E Story was very disappointed that the Town and Country application at
Third and Kagy was not approved. She feels this new location is the second best choice. She
feels this location should be allowed and would have a good effect on the city and energy use.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
2:47:48 Katie Bark. Public Comment
Ms. Bark of 524 South 5th Avenue is a strong supporter of Town & Country on South 11th Ave.
They would like to be able to walk and bike to get groceries. Ms. Bark is an employee at MSU
and feels that employees and students can walk over to the grocery store from MSU. She would
just encourage that Kagy get sidewalks making it possible to walk to the store.
2:49:31 Brian Caldwell. Public Comment
Mr. Caldwell of 601 South Black is in favor of this application and is pleased to see that the City
planning and engineering staff is in favor of these variances.
2:51:36 Faye Baker, Public Comment
Ms. Baker of 1711 South 11th Avenue at the University Village apartments is opposed to this
application. She feels that the main concern is traffic and already has a hard time getting out of
her parking lot. She feels it will become a worse congestion area. She also is concerned about
lighting, idling trucks at night and similar grocery store issues.
2:53:23 Keith Gillis. Public Comment
Mr. Gillis of 4422 Woyticull Circle, his company represents the project at 3rd and Kagy South
Town Square. He feels this area of town is underserved. He says he has polled many people
regarding what they would like to see at this location. The number one response was a full
service grocery store. He says they are also putting in a wide variety of other services in the
building.
2:55:44 Dan Stahly. Public Comment
Mr. Stahly of 3017 Teslow Drive is a resident of the area and is excited about the prospect of a
full service grocery store in their neighborhood. His wife is an employee of MSU and is excited
about the idea of walking to the grocery store from work.
2:57:00 Luke Highsted, Public Comment
Mr. Highsted of 1711 South 11th Avenue, Apt. 621 of the University Village apartments is
concerned about the traffic that would be generated by the grocery store because he already has
difficulties getting out of the apartment driveway.
2:58:37 Taylor Lunsdale, Public Comment
Mr. Lunsdale of 611 South 14th Avenue feels this is a fantastic in-fill development.
2:59:11 Eric Boyd, Public Comment
Mr. Boyd of 434 Bear Canyon Lane is a manager at Town and Country Foods. He said as the
store manager he turns off the lights at 11 p.m. He also says new technology can help with light
and sound issues. He feels they can be good neighbors.
3:00:57 Lowell Springer, Public Comment
Mr. Springer of 3204 Augusta Drive says he was originally involved in the Campus Square
building. He feels even though the site was extremely difficult, the building is still strong. He is
delighted to see the re-use of the structurally sound building.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
3:03:08 Public Comment Closed
Mayor Jacobson closed public comment.
3:03:19 Motion to approve the Town & Country Campus Square Zoning Variance
application #C-08006.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Town & Country
Campus Square Zoning Variance application #C-08006.
3:03:44 Discussion
3:16:27 Vote on the motion approving the Town & Country Campus Square Zoning
Variance application #C-08006.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
Motion carries 5-0.
3:16:43 Motion to approve the Town & Country Campus Square application #Z-08237.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the Town & Country
Campus Sauare application #Z-08237.
3:17:40 Vote on the motion to approve the Town & Country Campus Square application
#Z-08237.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
Motion passes 5-0.
3:18:03 Break
3:30:40 4. Swim Center Air Handler Replacement (Dingman)
3:30:55 Ron Dingman, Director of Parks and Recreation
Mr. Dingman began the presentation regarding the need for a swim center air handler.
3:34:32 Dan McCarthy, Swim Center
Mr. McCarthy gave further details regarding problems with the Swim Center air handler.
3:41:18 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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Bozeman City Commission Meeting Linked Minutes for November 77, 2008
3:41:37 Motion to direct staff to complete the design, engineering and bidding for a new air
handling unit for the Swim Center and bring back to the Commission the necessary budget
amendment.
It was moved by Cr. Becker, seconded by Cr. Krauss to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and bring back to
the Commission the necessary budget amendment.
3:41:57 Amendment to the Main Motion to direct staff to complete the design, engineering
and bidding for a new air handling unit for the Swim Center and direct City Manager to
identify sources within this year's budget and come back with the necessary budget
amendment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and direct City
Manager to identify sources within this year's budget and come back with the necessary
budget amendment.
3:42:30 Discussion
3:49:04 Vote on the Amendment to the Main Motion to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and direct City
Manager to identify sources within this year's budget and come back with the necessary
budget amendment.
Those voting Ave being Crs. Krauss and Bryson.
Those voting No being Crs. Rupp, Becker and Mayor Jacobson.
Motion failed 2-3.
3:50:07 Amendment on the Main Motion that the City Manager identify the necessary
funding focusing on the 2009 budget yet including other revenue sources.
It was moved by Cr. Becker, seconded by Cr. Rupp that the City Manager identifies the
necessary funding focusing on the 2009 budget vet including other revenue sources.
3:50:31 Discussion
3:59:17 Vote on the Amendment to the Main Motion that the City Manager identify the
necessary funding focusing on the 2009 budget yet including other revenue sources.
Those voting Ave being Cr. Becker, Cr. Rupp, and Mayor Jacobson.
Those voting No being Cr. Krauss and Cr. Bryson.
Motion passes 3-2.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
3:59:32 Amendment to the Main Motion to request that no amount of money be spent until
this Commission authorizes the specific money sources for both the engineer design and the
new air exchange unit.
It was moved by Cr Becker, seconded by Cr Krauss to request that no amount of monev is
spent until this commission authorizes the specific monev sources for both the engineer
design and the new air exchange unit.
4:03:40 Vote on the Amendment to the Main Motion to request that no amount of money is
spent until this commission authorizes the specific money sources for both the engineer
design and the new air exchange unit.
Those voting Ave being Cr Becker, Cr. Krauss, Cr. Bryson and Mavor Jacobson.
Those voting No being Cr. Rupp.
Motion passes 4-1.
4:03:54 Vote on the Main Motion as Amended to direct staff to complete the design,
engineering and bidding for a new air handling unit for the Swim Center and that the City
Manager identify the necessary funding focusing on the 2009 budget yet including other
revenue sources and to request that no amount of money is spent until this commission
authorizes the specific money sources for both the engineer design and the new air
exchange unit.
Those voting Ave being Cr Becker, Cr. Krauss, Cr. Rupp and Mavor Jacobson.
Those voting No being Cr. Bryson.
Motion passes 4-1.
4:04:10 Mayor Jacobson
Mayor Jacobson suspended the rules.
4:04:55 Cr. Rupp
Cr. Rupp needed to leave the meeting to drive to Helena for an early morning meeting. He stated
he did not have any disagreements regarding the final agenda items for the evening.
4:05:32 5. Resolution No. 4136, West Winds Phase 5 Special Improvement Lighting
District #708 (Rosenberry)
4:05:33 Anna Rosenberry, Finance Director
Ms. Rosenberry gave the staff presentation.
4:06:34 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
4:06:49 Motion and Vote to adopt Commission Resolution No. 4136, Special Improvement
Lighting District #708 for the West Winds Subdivision Phase 5.
It was moved by Cr. Krauss, seconded by Cr Bryson to adopt Commission Resolution No
4136, Special Improvement Lighting District #708 for the West Winds Subdivision Phase 5.
Those voting Ave being Crs. Krauss, Bryson, Becker and Mavor Jacobson
Those voting No being none.
The motion passed 4-0.
4:07:16 6. Disposition of Public Property/Portion of Amended Plat, Lot 70 Babcock
Meadows Subdivision Phase 2A and Open Space Phase 2B, located at the Southwest
Corner of West Babcock Street and Donna Avenue (Arkell)
4:07:37 Debbie Arkell, Director of Public Service
Ms. Arkell gave the staff presentation.
4:13:04 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
4:13:15 Motion and Vote to designate property owned by the city described as a portion of
Amended Plat, Lot 70 Babcock Meadows Subdivision Phase 2A and Open Space Phase 2B,
located at the Southwest Corner of West Babcock Street and Donna Avenue as no longer
needed and direct staff in the negotiated sale of said property.
It was moved by Cr. Bryson, seconded by Cr Becker to designate property owned by the
city described as a portion of Amended Plat Lot 70 Babcock Meadows Subdivision Phase
2A and Open Space Phase 2B, located at the Southwest Corner of West Babcock Street and
Donna Avenue as no longer needed and direct staff in the negotiated sale of said property
Those voting Ave being Crs.Bryson, Becker Krauss and Mavor Jacobson
Those voting No being none.
Motion passed 4-0.
4:14:O1I. FYI/Discussion
4:14:06 1. FYI -Discussion regarding cancelling November 24, 2008 Commission
Meeting.
Mayor Jacobson spoke regarding the lack of agenda items for the Commission meeting
November 24, 2008 and said that she did not think the Commission needed to meet.
4:14:16 Mr. Epple
Mr. Epple spoke regarding the developers of West Winds desperate need to get their Phase IV
development finally platted before December 1st for a pending sale to go forward. Mr. Epple
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Bozeman City Commission Meeting Linked Minutes for November 17, 2008
requested that the Commission does not cancel next week's meeting if all of the paperwork can
be submitted by the developer and reviewed by city staff in time.
4:19:04 2. FYI regarding a request for proposal for the Old City Hall.
Mr. Kukulski spoke regarding a request for proposal for the Old City Hall.
4:20:08 3. FYI/Discussion regarding hosting the Joint City-County meeting this Friday.
Ms. Ulmen reminded everyone that we are hosting the Joint City-County meeting this Friday and
asked if there were additional agenda items that the Commissioners would like to add.
4:21:06 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:17 p.m.
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ATTEST:
EJ~~.J
to Ul en, ity Clerk
PREPARED BY:
Aimee issel, Deputy City Clerk
Approved on
1 )_ _
~~'~P~
Kaaren Jacobson, or
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