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Home My WebLink About11 03 08_August 18, 2008 Minutes1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 18, 2008 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 18, 2008 at 6 p.m. Present were Deputy Mayor Jeff Krauss, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Planning Director Andy Epple, Interim City Attorney Bob Planalp, and City Clerk Stacy Ulmen. 0:03:51 A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse, 311 West Main Street 0:03:53 B. Pledge of Allegiance and a Moment of Silence 0:04:43 D. Public Service Announcement – Residential Parking Districts (Fontenot) Brit Fontenot, Assistant to the City Manager presented a Public Service Announcement on Residential Parking Districts. 0:07:36 E. Authorize Absence of Mayor Jacobson and Cr. Becker 0:07:43 Motion and Vote to authorize the absence of Mayor Jacobson and Cr. Becker. It was moved by Cr. Rupp, seconded by Cr. Bryson to authorize the absence of Mayor Jacobson and Cr. Becker. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 0:08:07 F. Minutes – June 16, 2008 and June 25, 2008 Policy Meeting 0:08:14 Motion and Vote to approve the minutes from June 16, 2008 and June 25, 2008 Policy Meeting. It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the minutes from June 16, 2008 and June 25, 2008 Policy Meeting. Those voting Aye being Crs. Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 4 Minutes of the Bozeman City Commission, August 18, 2008 2 0:08:27 G. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Release and Reconveyance of Easements for Emil Anderson and Jessie B. Kemp (Stodola) 3. Authorize Mayor to sign the Findings of Fact and Order for the Village Homesites Planned Unit Development Major Subdivision Phases 1 and 2 (Windemaker) 0:08:30 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:08:42 Motion and Vote to approve consent items G.1-3. It was moved by Cr. Rupp, seconded by Cr. Bryson to approve consent items G.1-3. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. The voting No being none. The motion carried 3-0. 0:08:54 H. Public Comment Deputy Mayor Krauss opened public comment. 0:09:14 Steve McGraff, Public Comment Mr. McGraff of 116 B. Gallatin Drive stated that he owns the Coldstone Creamery in the Hastings Shopping Center and is looking for advocacy from the Commission. He spoke regarding signage and doesn't want the Commission to hold the tenants hostage. He asked that the Commission separate their issues from Red Mountain and allow them to extend their (the tenants) banners. 0:12:32 Clint Lundell, Public Comment Mr. Lundell of 1531 West Main stated that he represents Little Caesars Pizza that is located in the Hasting Shopping Center. He stated that his business relies on impulse shopping. He is asking that the Commission separate the issues with Red Mountain and allow him to move forward with the signs for his business. 0:13:38 C. A Moment of Silence to honor Cr. Joe Frost Deputy Mayor Krauss pointed out that the moment of silence on the agenda was in honor of past City Commissioner Joe Frost who served 3 terms on the City Commission. There is a service tomorrow for Mr. Frost who recently passed away. 5 Minutes of the Bozeman City Commission, August 18, 2008 3 0:14:46 Cr. Rupp Cr. Rupp spoke regarding Mr. Frost's dedication to the City specifically for his work with the Tree City USA designation and the neighborhoods. 0:15:19 I. Action Items 0:15:24 1. Greek Way Apartments Zoning Variance #C-08004 (Krueger) 0:15:32 Andy Epple, Planning Director Mr. Epple explained that this agenda item will need to be opened and continued because there needs to be a supermajority of the Commission present to take action on the item. 0:16:31 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:17:27 Motion to continue Greek Way Apartments Zoning Variance #C-08004 to August 25, (2008). It was moved by Cr. Bryson to continue Greek Way Apartments Zoning Variance #C- 08004 to August 25, (2008). 0:18:34 Motion seconded to continue Greek Way Apartments Zoning Variance #C-08004 to August 25, (2008). Cr. Rupp seconded the motion to continue Greek Way Apartments Zoning Variance #C- 08004 to August 25, (2008). 0:18:37 Vote on the motion to continue Greek Way Apartments Zoning Variance #C-08004 to August 25, (2008). Those voting Aye being Crs. Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 0:18:44 2. Resolution No. 4111, Adopting a Revised Schedule of Application Review Fees for the Department of Planning and Community Development, opened and continued from July 21 and August 4, 2008 (Saunders) 6 Minutes of the Bozeman City Commission, August 18, 2008 4 0:19:02 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report regarding Resolution No. 4111, adopting a Revised Schedule of Application Review Fees for the Department of Planning and Community Development. Mr. Saunders explained the specific items that are addressed in the Resolution. 0:23:04 Cr. Bryson Cr. Bryson spoke regarding the general fund portion to the Planning Department. 0:24:39 Deputy Mayor Krauss Deputy Mayor Krauss asked about the advertising costs. 0:26:39 Chris Kukulski, City Manager Mr. Kukulski spoke regarding the realignment of fees and costs. 0:27:00 Cr. Rupp Cr. Rupp spoke regarding putting a shed in a conservation overlay district and the costs associated. 0:29:10 Public Comment Deputy Mayor Krauss opened public comment. No person commented. Deputy Mayor Krauss closed public comment. 0:29:55 Motion to adopt Commission Resolution No. 4111. It was moved by Cr. Rupp, seconded by Cr. Bryson to adopt Commission Resolution No. 4111. 0:41:54 Vote on the motion to adopt Commission Resolution No. 4111. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 0:42:10 3. Hastings Shopping Center Site Plan #Z-04047/Bozeman Shopping Center LLC Notice of Violation (Skelton) 0:42:29 Dave Skelton, City Engineer Mr. Skelton presented the staff report regarding the Hastings Shopping Center Site Plan #Z- 04047/Bozeman Shopping Center LLC Notice of Violation. 7 Minutes of the Bozeman City Commission, August 18, 2008 5 0:58:29 Cr. Bryson Cr. Bryson spoke regarding the projects that are not completed. 1:00:20 Mr. Kukulski Mr. Kukulski introduced Interim City Attorney Bob Planalp. 1:01:30 Art Wittich, Applicant representative Mr. Wittich stated that he is the applicant's representative and spoke regarding the draft of the improvements agreement. There was not an agreement regarding the façade. He is asking that the Commission provide some flexibility. 1:07:09 Mr. Wittich Mr. Wittich stated that there was a site plan that was applied for and approved, but not a letter of credit on the façade. 1:09:19 Public Comment Deputy Mayor Krauss opened public comment. 1:09:29 John Belshaw, Public Comment Mr. Belshaw of 45 Gardiner Park Drive stated that he drives by the facility and is on the side of the tenants. He urged the Commission to understand the plea of the tenants regarding the sign issue. 1:11:09 Chris Wilcox, Public Comment Mr. Wilcox of 1120 Wilson spoke regarding getting this item taken care of and suggested getting a bond from the property owner for the improvements. 1:13:49 Deputy Mayor Krauss Deputy Mayor Krauss closed public comment. 1:17:07 Deputy Mayor Krauss Deputy Mayor Krauss stated that he expects the applicant to follow through with what was approved. 1:21:31 Cr. Bryson Cr. Bryson spoke regarding the sign issue and the tenants. 1:23:30 Cr. Rupp Cr. Rupp spoke regarding performance bonds. 1:26:23 Motion and Vote to direct City staff to proceed with filing a Notice of Violation as outlined in Section 18.64.160, Bozeman Municipal Code. 8 Minutes of the Bozeman City Commission, August 18, 2008 6 It was moved by Cr. Bryson, seconded by Cr. Rupp to direct City staff to proceed with filing a Notice of Violation as outlined in Section 18.64.160, Bozeman Municipal Code. Those voting Aye being Crs. Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 1:27:10 Motion to go forth with the second staff recommendation that we prepare an Improvements Agreement with a financial guarantee (for signature by the Bozeman Shopping Center LLC to guarantee completion of all site-related improvements including the Osco/Hastings façade within one (1) year) that was listed in the staff recommendation. It was moved by Cr. Rupp, seconded by Cr. Bryson to go forth with the second staff recommendation that we prepare an Improvements Agreement with a financial guarantee (for signature by the Bozeman Shopping Center LLC to guarantee completion of all site- related improvements including the Osco/Hastings façade within one (1) year.) that was listed in the staff recommendation. 1:27:27 Mr. Skelton Mr. Skelton clarified that the financial guarantee would be at 150% of the estimated costs. 1:28:55 Friendly Amendment to add “that the financial guarantee would be at 150% of the valid estimated cost of the project by a licensed architect” to the motion to go forth with the second staff recommendation that we prepare an Improvements Agreement with a financial guarantee (for signature by the Bozeman Shopping Center LLC to guarantee completion of all site-related improvements including the Osco/Hastings façade within one (1) year.) that was listed in the staff recommendation. 1:32:22 Cr. Rupp stated that he would like to add that the financial guarantee would be at 150% of the valid estimated cost of the project by a licensed architect to the motion to go forth with the second staff recommendation that we prepare an Improvements Agreement with a financial guarantee (for signature by the Bozeman Shopping Center LLC to guarantee completion of all site-related improvements including the Osco/Hastings façade within one (1) year) that was listed in the staff recommendation. Vote on the motion to go forth with the second staff recommendation that we prepare an Improvements Agreement with a financial guarantee (for signature by the Bozeman Shopping Center LLC to guarantee completion of all site-related improvements including the Osco/Hastings façade within one (1) year) that was listed in the staff 9 Minutes of the Bozeman City Commission, August 18, 2008 7 recommendation and that the financial guarantee will be at 150% of the valid estimated cost of the project by a licensed architect. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 1:32:35 Motion to restrict occupancy of the new tenants and new development proposals until the facade improvements are fully addressed and authorize City Staff to take further lawful action as it is necessary to remedy violation of the final site plan approval. It was moved by Cr. Bryson, seconded by Cr. Rupp to restrict occupancy of the new tenants and new development proposals until the facade improvements are fully addressed and authorize City Staff to take further lawful action as it is necessary to remedy violation of the final site plan approval. 1:35:27 Vote on the motion to restrict occupancy of the new tenants and new development proposals until the facade improvements are fully addressed and authorize City Staff to take further lawful action as it is necessary to remedy violation of the final site plan approval. Those voting Aye being Crs. Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 1:35:40 Motion and Vote that after 30 days of the applicant not executing an improvements agreement and providing a financial guarantee, that we authorize City Staff to take further legal lawful action as necessary to remedy the violation of the final site plan approval and conditions of approval. It was moved by Cr. Rupp, seconded by Cr. Bryson, that after 30 days of the applicant not executing an improvements agreement and providing a financial guarantee that we authorize City Staff to take further legal lawful action as necessary to remedy the violation of the final site plan approval and conditions of approval. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 10 Minutes of the Bozeman City Commission, August 18, 2008 8 1:36:48 Cr. Rupp Cr. Rupp spoke regarding the signage plans on the building and agreeing to a possible extension of time of the current banners on the building. 1:45:20 Motion to direct City Staff to continue with the expedited process for working with the landlord and the tenants on a ultimate redesign and sign review plan for building B and (friendly amendment)allowing temporary permits for up to 45 days to get that permanent process approved and guaranteed. It was moved by Cr. Bryson, seconded by Cr. Rupp to direct City Staff to continue with the expedited process for working with the landlord and the tenants on a ultimate redesign and sign review plan for building B and (friendly amendment) allowing temporary permits for up to 45 days to get that permanent process approved and guaranteed. 1:46:25 Vote on the motion to direct City Staff to continue with the expedited process for working with the landlord and the tenants on a ultimate redesign and sign review plan for building B and (friendly amendment) allowing temporary permits for up to 45 days to get that permanent process approved and guaranteed. Those voting Aye being Crs. Bryson, Rupp, and Deputy Mayor Krauss. Those voting No being none. The motion carried 3-0. 1:46:34 Break 1:57:18 4. Reconsideration of the Commission's prior Vote to install a Temporary Median "Pod" on North Tracy Avenue at its Intersection with Cottonwood Street (Arkell) 1:58:19 Debbie Arkell, Public Works Director Ms. Arkell asked that the Commission discuss reconsidering their prior vote to install a temporary pod and North Tracy Avenue at its intersection with Cottonwood. 2:01:48 Public Comment Deputy Mayor Krauss opened public comment. 2:01:55 Gale Figgins, Public Comment Ms. Figgins stated that she lives in the area and that if the pod is installed they will lose three parking spots in front of their home. 11 Minutes of the Bozeman City Commission, August 18, 2008 9 2:05:48 Chris Wilcox, Public Comment Mr. Wilcox spoke regarding the seniors not seeing well. He rides his bike and the bus and asks that the Commission consider Ms. Figgins comments. 2:06:33 Deputy Mayor Krauss Deputy Mayor Krauss closed public comment. 2:08:39 Motion and Vote to reconsider Commission's direction to install a temporary median pod on North Tracy Avenue at its intersection with Cottonwood Street. It was moved by Cr. Rupp, seconded by Cr. Bryson to reconsider Commission's direction to install a temporary median pod on North Tracy Avenue at its intersection with Cottonwood Street. Those voting Aye being Crs. Rupp, Bryson, and Deputy Mayor Krauss. Those voting No being none. The motion passed 3-0. 2:09:14 J. FYI/Discussion 2:09:16 1. Montana State University Wind Turbine Project (Bristor) 2:09:21 Mr. Epple Mr. Epple stated that Associate Planner Allyson Bristor sits as a City Representative on the University Planning task force. Mr. Epple stated that MSU will be installing temporary behind the student housing. 2:11:43 2. Knolls East Project Mr. Epple explained that the Knolls East project will be coming back in front of the Commission. 2:13:51 3. City Manager has been with the City 4 years. 2:14:18 4. Discussion regarding adding an action item to ratify the library land proposal. Mr. Kukulski stated that this issue will be discussed at a future work session. 12 Minutes of the Bozeman City Commission, August 18, 2008 10 2:15:43 5. Budget Mr. Kukulski stated that information for the budget has not been received from the Department of Revenue. This item will be scheduled for September 8, 2008. Cr. Rupp may be gone on September 8, 2008. 2:22:08 K. Adjournment Deputy Mayor Krauss adjourned the meeting at 8:23 p.m. ____________________________________ Jeff Krauss, Deputy Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on ___________________________. 13