HomeMy WebLinkAbout2008-11-3 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 3, 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 3, 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, Assistant
City Attorney Tim Cooper, Planning Director Andy Epple, City Clerk Stacy Ulmen, and Deputy
City Clerk Aimee Kissel.
0:10:44 A. Call to Order- 6 p.m. Commission Room-City Hall-121 North Rouse
Mayor Jacobson called the meeting to order.
0:10:47 B. Pledge of Allegiance and a Moment of Silence
0:11:35 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:11:52 Mr. Kukulski
Mr. Kukulski stated that there were no changes to the agenda.
0:11:57 D. Public Service Announcement- City Offices closed Tuesday, November 4,
2008 for Election Day (Ulmen)
0:12:15 Stacy Ulmen, City Clerk
Ms. Ulmen explained that the City offices will be closed for Election Day.
0:13:05 E. Minutes- August 18, 2008
0:13:12 Motion and Vote to approve the Minutes from August 18, 2008.
It was moved by Cr. Rung, seconded by Cr. Krauss to approve the Minutes from August
18, 2008.
Those voting Ave being Crs. Runty, Krauss, Bryson, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
Linked Minutes of the Bozeman City Commission, November 3, 2008
0:13:33 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Amendment No. 1, Professional Services
Agreement for Lyman Creek Reservoir Improvements Project (Murray)
3. Authorize City Manager to sign a Five Year License Agreement for the Use of
City Property with Alltel for a Cellular Antenna on the Kenyon Drive Water Tank
(Goehrung)
4. Adopt Resolution No. 4135, Amending Commission Resolution No. 4121
Appropriation Resolution for Fiscal Year 2008-2009, By Transferring Cash and
Appropriation Authority for Bogert Bandshell Improvements (Rosenberry)
5. Approve Reclaiming the Final Approval of the Lindley House Rehabilitation and
Second Structure, and Set a Tentative Public Hearing Date of November 17, 2008
for Formal Consideration of the Project Proposal (Kramer)
0:13:40 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:13:51 Mayor Jacobson
Mayor Jacobson stated that Assistant City Attorney Tim Cooper suggested that item #5 be pulled
from the Consent agenda.
0:14:30 Motion and Vote to approve Consent items 1-4.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent items 1-4.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rune, and Mayor Jacobson.
Those voting no being none.
The motion passed 5-0.
0:14:57 Motion to reclaim the final approval of the Lindley House (Consent Item #5).
It was moved by Cr. Krauss, seconded by Cr. Rupp to reclaim the final approval of the
Lindley House (Consent Item #5).
0:15:38 Applicant's representative (Did not identify name)
The Applicant's representative stated that they would still like the Commission to reclaim the
project. The BOA has not taken and has postponed action on the application. The Applicant
would like it in front of a new group who may have a different perspective.
Linked Minutes of the Bozeman City Commission, November 3, 2008
0:16:35 Mayor Jacobson
Mayor Jacobson stated that the Commission set up the Board of Adjustment for a reason.
0:17:35 Mr. Epple
The BOA did conduct the public hearing as noticed and tabled the action for a month.
0:18:22 Cr. Bryson
Cr. Bryson asked about the appeal process.
0:18:39 Cr. Rupp
Cr. Rupp asked if the issue was related to deviations in the flood plain set back areas.
0:19:05 Mr. Epple
Mr. Epple explained the process with the BOA.
0:21:49 Mr. Cooper
Mr. Cooper explained the requirement in the City Code regarding reclaiming a project.
0:22:33 Cr. Krauss
Cr. Krauss stated that he believes that there is Community interest in this project.
0:25:48 Mayor Jacobson
Mayor Jacobson stated that she is not in favor of reclaiming the project.
0:27:29 Cr. Becker
Cr. Becker stated that he is struggling with the definition of Action.
0:29:18 Vote on the Motion to reclaim the final approval of the Lindley House (Consent
Item #5).
Those voting Ave being Crs. Krauss, Rupp, Becker, and Bryson.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
0:29:33 G. Public Comment
Mayor Jacobson opened public comment.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
0:29:59 David Cook, Public Comment
Mr. Cook informed the Commission and television viewers that there will soon be a start up of a
citizen based initiative to establish a park foundation for the City of Bozeman. A meeting will be
held November 10, 2008 at the Beal Center.
0:33:12 Public Comment closed
Mayor Jacobson closed public comment.
0:33:19 H. Action Items
0:33:24 1. Michael Harney Kennel License Application (Lien)
0:33:42 Connie Lein, Animal Control Officer
Ms. Lein explained that she received a kennel license for Michael Harney, investigated the
property, and sees no adverse effects. Some public testimony was received. She recommends
approval.
0:36:49 Ms. Lein
Ms. Lein that is appears to her that the site is acceptable and is comfortable.
0:38:35 Ms. Lein
Ms. Lein stated that the application is limited to the four dogs.
0:40:09 Cr. Becker
Cr. Becker spoke regarding the expiration of the application.
0:41:02 Mr. Harney, Applicant
Mr. Harney stated that his dogs are well behaved and they are hunting dogs. He is a responsible
pet owner and cleanup their yards.
0:44:58 Public Comment
Mayor Jacobson opened public comment.
0:45:18 Lazlo Torma, Public Comment
Mr. Torma of 1025 East Babcock stated that he objects to the kennel license because the
Harney's dogs are running around without leashes.
0:47:03 Beth Fabricius, Public Comment
Ms. Fabricius of 1014 East Babcock stated that she has never seen any problem. The dogs obey
voice command well. She supports the application.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
0:48:51 Andrew Pilskalns, Public Comment
Mr. Pilskalns of 1114 East Babcock stated that his biggest concern is making sure that the dogs
are kept quiet.
0:49:35 Public Comment closed.
Mayor Jacobson closed public comment.
0:50:06 Mr. Harney
Mr. Harney stated that they are responsible pet owners.
0:51:23 Motion to approve the Michael Harney Kennel License Application at 1026 East
Babcock Street inclusive of a 4 dog maximum.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Michael Harney Kennel
License Application at 1026 East Babcock Street inclusive of a 4 dog maximum.
0:51:42 Cr. Krauss
Cr. Krauss stated that he would like the dogs to not be off leash unless they are in their yard or
appropriate parks.
0:54:10 Amendment to the Main Motion to condition approval on the dogs not being
allowed off leash within the boundaries of the City other than the appropriate parks or
within their yards.
It was moved by Cr. Krauss, seconded by Cr. Bryson to amend the main motion to
condition approval on the dogs not being allowed off leash within the boundaries of the
City other than the appropriate parks or within their yards.
0:54:27 Cr. Becker
Cr. Becker stated that he is not sure if the Commission should condition obeying the law.
0:55:12 Cr. Rupp
Cr. Rupp stated that he supports the amendment because it is tied to the license.
0:57:36 Vote on the Amendment to the Main Motion to condition approval on the dogs not
being allowed off leash within the boundaries of the City other than the appropriate parks
or within their yards.
Those voting Ave being Crs. Krauss, Bryson, and Rupp.
Those voting No being Cr. Becker, and Mayor Jacobson.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
The motion passed 3-2.
0:59:45 Friendly Amendment to extend the permit through calendar year 2009.
Cr. Becker_proposed a friendly amendment to extend the permit through calendar year
2009.
0:59:56 Friendly Amendment seconded.
Cr. Bryson and Cr. Rupp agreed to the friendly amendment.
1:03:28 Stacy Ulmen, City Clerk
Ms. Ulmen asked if the main motion included that the Commission agrees that the criteria of
section B have been met.
1:03:45 Cr. Bryson
Cr. Bryson stated yes.
1:04:01 Vote on the Main Motion as Amended o approve the Michael Harney Kennel
License Application at 1026 East Babcock Street inclusive of a 4 dog maximum and the
friendly amendment to extend the permit through calendar year 2009.
Those voting Ave being Crs. Bryson, Rupp, Becker, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:04:19 2. The Knolls East and Highland South Major Subdivision Preliminary Plat
#P-07037, Tabled November 5, 2007 then Brought Back Off the Table on October 20, 2008
(Riley)
1:06:25 Doug Riley, Associate Planner
Mr. Riley presented an overview of the project. Staff is recommending that public comment be
taken on the new information.
1:20:32 Mr. Riley
Mr. Riley spoke regarding the conditions and changes that took place from the prior meeting.
1:28:23 Cr. Rupp
Cr. Rupp spoke regarding phase 1 of the project and the tunnel that connects to the park.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
1:29:39 Cr. Rupp
Cr. Rupp spoke regarding the subdivision variances.
1:29:50 Mr. Riley
Mr. Riley stated that the variances were acted upon separately.
1:30:47 Jason Leep, PC Development, Applicant Representative
Mr. Leep spoke regarding condition 5. They would like to add some language to have more
control over open space areas.
1:37:14 Mr. Leep
Mr. Leep spoke regarding homeowner associations, conditions #33 and #52.
1:45:27 Mr. Leep
Mr. Leep spoke regarding condition #53.
1:48:51 Mr. Leep
Mr. Leep spoke regarding condition #54.
1:51:24 Mr. Leep
Mr. Leep spoke regarding landscaping and conditions #55 and #56.
1:58:02 Public Comment
Mayor Jacobson opened public comment.
1:58:12 Neil Westesen. Public Comment
Mr. Westesen of 455 Starling Drive stated that he is the Chair of the Bridger Ski Foundation.
Mr. Westesen spoke regarding what the BSF offers the community. They need a dedicated home.
2:01:06 Public Comment closed
Mayor Jacobson closed public comment.
2:01:17 Mayor Jacobson
Mayor Jacobson stated that the main motion was taken off the table. She spoke regarding
pulling her second from the prior motion.
2:04:06 Gavel passed to Mayor Pro-Tem Krauss
Mayor Jacobson passed the gavel to Deputy Mayor Krauss.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
2:04:13 Second withdrawn regarding the motion "To approve the application with
conditions listed on pages 2-8 of the Planning Board Resolution and that we restore the
original condition number 5 as it was brought forward to the Planning Board before any
changes were made to it at the Planning Board" from November 5, 2007.
Cr. Pro-Tem Jacobson withdrew her second regarding the motion "To approve the
application with conditions listed on pages 2-8 of the Planning Board Resolution and that
we restore the original condition number 5 as it was brought forward to the Planning
Board before anv changes were made to it at the Planning Board" from November 5, 2007.
2:10:12 Motion seconded "To approve the application with conditions listed on pages 2-8 of
the Planning Board Resolution and that we restore the original condition number 5 as it
was brought forward to the Planning Board before any changes were made to it at the
Planning Board" from November 5, 2007.
Cr. Rupp seconded the motion "To approve the application with conditions listed on pages
2-8 of the Planning Board Resolution and that we restore the original condition number 5
as it was brought forward to the Planning Board before anv changes were made to it at the
Planning Board" from November 5, 2007.
2:11:19 Cr. Pro-Tem Jacobson
Cr. Pro-Tem Jacobson asked that the motion be read back.
2:12:56 Vote on the Motion "To approve the application with conditions listed on pages 2-8
of the Planning Board Resolution and that we restore the original condition number 5 as it
was brought forward to the Planning Board before any changes were made to it at the
Planning Board" from November 5, 2007.
Those voting Ave being Cr. Rupp.
Those voting No being Crs. Becker, Bryson, Jacobson, and Mayor Pro-Tem Krauss.
Those not present Cr. Kirchhoff.
The motion failed 1-4.
2:13:20 Mayor Pro-Tem Krauss
Mayor Pro-Tem Krauss handed the gavel back to Mayor Jacobson.
2:13:50 Cr. Rupp
Cr. Rupp stated that his motion not include a separate homeowners association.
Linked Minutes of the Bozeman City Commission, November 3, 2008
2:15:39 Cr. Rupp
Cr. Rupp spoke regarding overflow parking and double front lots.
2:16:18 Cr. Rupp
It will be his intent to delete condition #53.
2:17:08 Motion to approve the preliminary plat #P-07037, the resolution with the
conditions in the staff report of the new language for condition #5, the original language in
condition #19, the additional language in condition #33, to replace language of condition
#52 with italicized staff report language, to remove condition #53, leave conditions #54, #55,
and #56 in place and renumber appropriately.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the preliminary plat #P-
07037, the resolution with the conditions in the staff report of the new language for
condition #5, the original language in condition #19, the additional language in condition
#33, to replace language of condition #52 with italicized staff report language, to remove
condition #53, leave conditions #54, 55, and 56 in place and renumber appropriately.
2:18:17 Cr. Bryson
Cr. Bryson spoke regarding condition #54.
2:19:44 Amendment to the Main Motion to strike condition #54.
It was moved by Cr. Becker, seconded by Cr. Krauss to strike condition #54.
2:23:12 Vote on the Amendment to the Main Motion to strike condition #54.
Those voting Ave being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4-1.
2:23:31 Amendment to the Main Motion to strike condition #56.
It was moved by Cr. Krauss, seconded by Cr. Bryson to strike condition #56.
2:23:41 Cr. Krauss
Cr. Krauss spoke regarding his reasoning behind striking condition #56. An affordable housing
plan has been passed. He is confident that the lots will sell.
2:29:36 Vote on the Amendment to the Main Motion to strike condition #56.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
Those voting Ave being Crs. Krauss, Bryson, and Becker.
Those voting No being Cr. Rupp and Mayor Jacobson.
The motion passed 3-2.
2:29:54 Amendment to the Main Motion that in #56 (replacing what was struck) before
phase 2 is approved that we receive a report either prior to or concurrent with the
application for phase 2 we receive a report on the affordable lot build out subject to
Commission approval.
It was moved by Cr. Krauss, seconded by Cr. Bryson that in #56 (replacing what was
struck) before phase 2 is approved that we receive a report either prior to or concurrent
with the application for phase 2, we receive a report on the affordable lot build out subject
to Commission approval.
2:32:20 Tim Cooper, Assistant City Attorney
Mr. Cooper explained that the Commission is approving the preliminary plat of all phases.
According to State Law, the conditions made cannot be changed between preliminary plat
approval and final plat approval.
2:35:50 Amendment withdrawn that in #56 (replacing what was struck) before phase 2 is
approved that we receive a report either prior to or concurrent with the application for
phase 2, we receive a report on the affordable lot build out subject to Commission
approval.
Cr. Krauss withdrew his amendment that in #56 (replacing what was struck) before phase
2 is approved that we receive a report either prior to or concurrent with the application for
phase 2, we receive a report on the affordable lot build out subject to Commission
approval.
2:39:41 Cr. Krauss
Cr. Krauss reiterated that he withdrew his motion. Cr. Krauss stated that he wanted to make sure
that the prior motion included the entire applicant language in condition #5.
2:41:09 Cr. Rupp
Cr. Rupp stated that his motion did include all of the applicant's response language.
2:41:43 Ms. Ulmen
Ms. Ulmen read the amendments and the main motion as amended back to the Commission.
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Linked Minutes of the Bozeman City Commission, November 3, 2008
2:42:58 Vote on the Main Motion as Amended to approve the preliminary plat #P-07037,
the resolution with the conditions in the staff report of the new language for condition #5,
the original language in condition #19, the additional language in condition number #33, to
replace language of condition #52 with italicized staff report language, to remove condition
#53, leave conditions (#54 struck by a successful amendment) #55, and (#56 struck by an
amendment) in place and renumber appropriately.
Those voting Ave being Crs. Becker, Krauss, Bryson, and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion passed 4-1.
2:43:29 Break
2:59:28 3. Hastings Building B Certificate of Appropriateness with Deviation #Z-08244
(Skelton)
2:59:39 Dave Skelton, Associate Planner
Mr. Skelton presented the staff presentation regarding the Hastings Building B Certificate of
Appropriateness with Deviation #Z-08244. Mr. Skelton pointed out the proportion of the signs.
3:14:07 Mr. Skelton
Mr. Skelton explained that there is a new landowner for lot 4.
3:14:40 Lowell Springer, Springer Group Architects, Applicant Representative
Mr. Springer thanked Dave Skelton for his work on this. This effort for building B allows the
building to have proper signage and he feels this will help improve traffic in the area.
3:16:46 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
3:17:11 Cr. Becker
Cr. Becker spoke regarding the order the build out will take place.
3:18:05 Motion to approve the Hastings Building B Certificate of Appropriateness with
Deviation #Z-08244, with the Conditions and Code Provisions outlined in the Staff Report.
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Oinked Minutes of the Bozeman City Commission, November 3, 2008
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Hastings Building B
Certificate of Appropriateness with Deviation #Z-08244, with the Conditions and Code
Provisions outlined in the Staff Report.
3:18:39 Mr. Epple
Mr. Epple spoke regarding deviations.
3:19:56 Cr. Bryson
Cr. Bryson spoke regarding the existing building facade.
3:22:53 Vote on the Motion to approve the Hastings Building B Certificate of
Appropriateness with Deviation #Z-08244, with the Conditions and Code Provisions
outlined in the Staff Report.
Those voting Ave being Crs. Becker, Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:23:05 4. Board of Adjustment Position (Kissel)
3:23:33 Motion and Vote to rescind David Wright's appointment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to rescind David Wright's
appointment.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:23:59 Motion and Vote to appoint Cole Robertson to the Board of Adjustment.
It was moved by Cr. Krauss, seconded by Cr. Bryson to appoint Cole Robertson to the
Board of Adjustment.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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Oinked Minutes of the Bozeman City Commission, November 3, 2008
3:24:20 I. FYI/Discussion
3:24:32 1. Reminder of Policy Meeting on Thursday, November 6, 2008
(Kukulski/Ulmen)
Mr. Kukulski reminded the Commission of the policy session on Thursday, November 6, 2008.
The topic will be the Water Reclamation Facility financing. Packet information will come in the
next 48 hours.
3:26:30 2. Community Climate Action Plan
Mr. Kukulski stated that a grant application was made to a private foundation and an EPA grant
was also applied for. We are waiting to hear if we were successful in getting funding for the plan.
3:28:10 3. Rules of Procedure
Staff was asked to look into allowing laptop screens on the dais. Cr. Krauss would also like
lights at each spot at the dais.
3:32:04 4. Electronic City Manager Evaluation
Cr. Krauss asked that the City Manager Evaluation be sent electronically.
3:32:43 5. Preserve America Treasures sign
Mayor Jacobson explained that the City received a Preserve America Treasures sign.
3:33:54 J. Adjournment
Mayor Jacobson adjourned the meeting at 9:30 p.m.
~-~A-~'~
Kaaren Jacobson, ayor
ATTEST: -- -.
tac U en, ity Clerk
PREPARED $Y:
S ac Ul en, ity Clerk
Approved on -
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