HomeMy WebLinkAbout11 10 08_August 25, 2008 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 25, 2008
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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, August 25, 2008 at 6 p.m. Present were Mayor
Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry,
Assistant City Attorney Tim Cooper, and City Clerk Stacy Ulmen.
0:11:30 A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Jacobson called the meeting to order at 6:03 p.m.
0:11:33 B. Pledge of Allegiance and a Moment of Silence
0:12:18 C. Minutes – July 14, 2008 and August 11, 2008
0:12:28 Motion and Vote approving the Minutes of July 14, 2008 and August 11, 2008 as
submitted.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Minutes of July 14, 2008
and August 11, 2008 as submitted.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
0:12:41 Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:12:46 Chris Kukulski, City Manager
Mr. Kukulski asked that action items F.1 and F. 2 be moved and become F. 4 and F. 5.
0:13:13 D. Consent
1. Authorize Payment of Claims (LaMeres) 2. Authorize Mayor to sign the Findings of Fact and Order for Bozeman SSA Minor
Subdivision Preliminary Plat #P-08001 (Bristor)
3. Finally adopt Ordinance No. 1749, Durston House Zone Map Amendment #Z-
08072 (Bristor)
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0:13:18 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:13:32 Motion and Vote to approve Consent Items D. 1-3.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items D. 1-3.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
0:13:47 E. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:14:20 F. Action Items
0:14:25 3. Greek Way Apartments Zoning Variance #C-08004, opened and continued
from August 18, 2008 (Krueger)
0:14:43 Brian Krueger, Associate Planner
Mr. Krueger presented the staff presentation for the Greek Way Apartments Zoning Variance
#C-08004. Staff recommends approval.
0:22:10 Mr. Krueger
Mr. Krueger stated that the Montana Department of Transportation prefers not to do any
improvements at intersections until warrants are met.
0:22:50 Rick Hixson, City Engineer
Mr. Hixson spoke regarding ways that the improvements at the intersection could be paid for.
0:24:03 Mr. Hixson
Mr. Hixson spoke regarding using impact fees for costs associated with improvements.
0:28:18 Debbie Arkell, Public Works Director
Ms. Arkell spoke regarding Special Improvement District waivers.
0:29:06 Dave Crawford, TD & H Applicant Representative
Mr. Crawford spoke regarding the impact fee Capital Improvement Plan.
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0:30:43 Chris Saunders, Assistant City Planner
Mr. Saunders stated that South 7th is owned by Montana State University.
0:34:17 Ms. Arkell
Ms. Arkell spoke regarding street impact fee credits.
0:35:54 Cr. Rupp
Cr. Rupp spoke about the light at the Kagy and 11th intersection.
0:39:54 Mr. Crawford
Mr. Crawford stated that the MDOT does not concur on restricting movement on 7th. Mr.
Crawford stated that the applicant wants to do the right thing.
0:45:04 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:45:34 Motion to approve the Greek Way Apartments Zoning Variance #C-08004 with the
conditions as outlined in the staff report.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve the Greek Way
Apartments Zoning Variance #C-08004 with the conditions as outlined in the staff report.
0:46:21 Motion amended to approve the variance for No. C-08004.
Cr. Bryson amended his original motion to approve the variance for No. C-08004.
0:46:34 Amendment to the main motion seconded.
Cr. Becker seconded the amendment to approve the variance for No. C-08004.
0:46:37 Cr. Rupp
Cr. Rupp asked Cr. Bryson if the motion requires the applicant to sign a waiver of protest and
willingness to pay at that intersection when it is eventually fixed.
0:46:58 Cr. Bryson
Cr. Bryson stated that he would be willing to add Cr. Rupp's concern as a friendly amendment or
as an amendment.
0:48:39 Tim Cooper, Assistant City Attorney
Mr. Cooper spoke regarding the importance of a vote of the supermajority.
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1:05:32 Motion withdrawn to approve the variance for No. C-08004.
Cr. Bryson withdrew his motion to approve the variance for No. C-08004.
1:05:42 Second to withdraw the motion to approve the variance for No. C-08004.
Cr. Becker withdrew his second to approve the variance for No. C-08004.
1:07:14 Motion to continue this until September 15, 2008.
It was moved by Cr. Bryson to continue this until September 15, 2008.
1:07:32 Motion seconded to continue this until September 15, 2008.
Cr. Becker seconded the motion to continue this until September 15, 2008.
1:07:36 Cr. Krauss
Cr. Krauss stated his objection to the statement under A, in the staff report regarding the
Commission granting an identical variance request. He did not have identical findings.
1:08:33 Vote on the motion to continue this until September 15, 2008.
Those voting Aye being Crs. Bryson, Becker, and Krauss.
Those voting No being Crs. Rupp, and Mayor Jacobson.
The motion carried 3-2.
1:09:36 4. Resolution No. 4120, Final Creation of Special Improvement Lighting
District No. 706, West Winds Subdivision Phase 4 (Rosenberry)
1:09:44 Chris Kukulski, City Manager
Mr. Kukulski presented the Staff report regarding Resolution No. 4120, Final Creation of Special
Improvement Lighting District No. 706, West Winds Subdivision Phase 4.
1:11:02 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:11:18 Motion to approve Special Improvement Lighting District (Resolution) No. 4120.
It was moved by Cr. Krauss, seconded by Cr. Becker to approve Special Improvement
Lighting District (Resolution) No. 4120.
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1:11:26 Mr. Kukulski
Mr. Kukulski clarified that it is Resolution No. 4120 Special Improvement Lighting District No.
706.
1:11:41 Motion clarified to approve Resolution No. 4120
It was moved by Cr. Krauss, seconded by Cr. Becker to approve Resolution No. 4120.
1:11:49 Vote on the motion to approve Resolution No. 4120.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:11:56 5. West College Street and South 11th Avenue Intersection Improvements
(Hixson/Stodola and Phil Forbes of Morrison Maierle, Inc.)
1:12:13 Rick Hixson, City Engineer
Mr. Hixson presented the staff report for the West College Street and South 11th Avenue
Intersection Improvements.
1:14:11 Phill Forbes, Engineer with Morrison Maierle, Inc.
Mr. Forbes spoke regarding the Intersection Improvements Study.
1:18:56 Tom Eastwood, Engineer with Morrison Maierle, Inc.
Mr. Eastwood spoke regarding the intersection alternatives.
1:27:02 Mayor Jacobson
Mayor Jacobson asked that the language "present worth" be clarified.
1:27:08 Mr. Eastwood
Mr. Eastwood explained that present worth is defined as taking the initial cost and spreading it
out over a 15 year period, along with annual costs and savings. MSU is in favor of a
roundabout.
1:37:25 Mr. Eastwood
Mr. Eastwood spoke regarding annual costs.
2:03:59 Public Comment
Mayor Jacobson opened public comment.
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2:04:16 Rob Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracey Avenue stated that roundabouts are better than traffic signals
but are more hazardous for those that are blind. He is legally blind and relies upon his hearing.
Mr. Zimmer spoke about pedestrian safety.
2:09:32 John Belshaw, Public Comment
Mr. Belshaw of 45 Gardner Park Drive stated that he has been well educated tonight. The
roundabout would be more preferable.
2:11:03 Dave Crawford, Public Comment
Mr. Crawford of 218 Lindley Place spoke regarding the costs of the improvements.
2:12:00 Mayor Jacobson
Mayor Jacobson closed public comment.
2:12:13 Motion to authorize staff to proceed with the implementation of a roundabout and
authorize an increase in the project budget and impact fee funding for this alternative.
It was moved by Cr. Becker, seconded by Cr. Rupp to authorize staff to proceed with the
implementation of a roundabout and authorize an increase in the project budget and
impact fee funding for this alternative.
2:18:35 Mr. Hixson
Mr. Hixson spoke regarding acquiring right of way.
2:22:10 Cr. Becker
Cr. Becker spoke regarding the possibility of flashing lights being installed.
2:24:44 Cr. Krauss
Cr. Krauss spoke regarding his concerns with the Intersection Improvements report.
2:32:22 Vote on the motion to authorize staff to proceed with the implementation of a
roundabout and authorize an increase in the project budget and impact fee funding for this
alternative.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:32:32 Break
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2:53:42 1. Budget Hearing for Fiscal Year 2009, opened and continued from July 21,
2008 (Rosenberry)
2:53:57 Anna Rosenberry, Finance Director
Ms. Rosenberry explained that additional information is needed before the budget can be
adopted. This will need to be open and continued until September 2, 2008. Correct figures for
taxable valuations are needed from the Department of Revenue
2:57:00 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:57:44 Motion to open and continue the budget hearing to September 2, 2008.
It was moved by Cr. Rupp, seconded by Cr. Bryson to open and continue the budget
hearing to September 2, 2008.
3:03:43 Vote on the motion to open and continue the budget hearing to September 2, 2008.
Those voting Aye being Crs. Rupp, Bryson, Becker, and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion passed 4-1.
3:03:53 2. Tax Levy Budget Hearing, opened and continued from July 21, 2008
(Rosenberry)
3:04:02 Ms. Rosenberry
Ms. Rosenberry explained that the delay of this hearing is directly related to the taxable valuation
issue. Ms. Rosenberry explained that this also will need to be open and continued to September
2, 2008.
3:04:14 Motion and Vote to continue the tax levy budget hearing to September 2, 2008.
It was moved by Cr. Bryson, seconded by Cr. Becker to continue the tax levy budget
hearing to September 2, 2008.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion passed 4-1.
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3:04:43 G. FYI/Discussion
3:04:48 1. Cancellation of September 22, 2008 City Commission Meeting due to City
Hall Move (Kukulski)
Mr. Kukulski reminded the Commission of the cancellation of the September 22, 2008 City
Commission meeting.
3:08:03 2. Invitation to ground breaking for Fire Station No. 311 and County 911
Center.
Police Chief Chuck Winn invited the Commission to the groundbreaking for Fire Station No. 3
and the County 911 Center on Friday at 11 p.m.
3:09:51 3. Hastings
Chris Saunders, Assistant City Planner stated that the Notice of Violation regarding the Hastings
project was recorded last Friday.
3:10:36 4. Tour of developments
Cr. Krauss suggested that a tour of developments take place. The rest of the Commission agreed.
This will be scheduled in the near future.
3:19:19 H. Adjournment
Mayor Jacobson adjourned the meeting at 9:02 p.m.
______________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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