HomeMy WebLinkAbout5-19-08 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 19, 2008
*****************************
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, May 19, 2008 at 6 p.m. Present were Mayor
Kaaren Jacobson, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. Jeff Rupp, City Manager Chris
Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, Director of Finance Anna
Rosenberry, and City Clerk Stacy Ulmen.
0:06:01 A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Jacobson called the meeting to order.
0:06:04 B. Pledge of Allegiance and a Moment of Silence
0:06:44 Mayor Jacobson
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the agenda.
0:06:47 Chris Kukulski, City Manager
Mr. Kukulski stated that there were not any changes to the agenda.
0:06:50 C. Public Service Announcement – Techniques of Low Impact Development for
the Public (Tom Pick, Water Quality Specialist, Natural Resources Conservation Service)
0:07:01 Tom Pick, Water Quality Specialist, Natural Resources Conservation Service
Mr. Pick stated that he is a state water quality specialist. Mr. Pick presented a Public Service
Announcement regarding techniques of low impact development for the public.
0:11:01 D. Authorize the Absence of Cr. Becker
0:11:05 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Bryson, seconded by Cr. Rupp to authorize the absence of Cr. Becker.
Those voting Aye being Crs. Bryson, Rupp, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 4-0.
0:11:27 E. Consent
1. Authorize Payment of Claims (LaMeres)
Minutes of the Bozeman City Commission, May 19, 2008
2. Authorize City Manager to sign the Donald Dodge Agricultural Lease for a Term
of Three Years beginning May 28, 2008 (Arkell)
3. Authorize City Manager to sign the Sewer and Water Pipeline and Access
Easement and Agreement for the Crooked Creek Condos Project (Heaston)
4. Authorize City Manager to sign the Robert Marx Agricultural Lease for a Term of
Five Years beginning February 4, 2008 (Arkell)
5. Authorize City Manager to sign the Notice of Award for the 2008 Curbing and
Sidewalks Improvements to Knife River, Inc. (Kerr)
6. Acknowledge Receipt of City Manager's Recommended Budget Document for
Fiscal Year 2008-2009 (Rosenberry)
7. Approve Cancelling the May 27, 2008 City Commission Meeting (Ulmen)
8. Approve Beer and Wine License for Taco Del Mar at 1600 North 19th (Clark)
9. Approve Resolution No. 4104, Westphal Tax Abatement for Historic Preservation
(Kramer)
0:11:34 Public Comment
Mayor Jacobson opened public comment.
No comment received.
Mayor Jacobson closed public comment.
0:11:56 Cr. Bryson
Cr. Bryson asked for an electronic version of the City Manager's budget.
0:12:03 Anna Rosenberry, Director of Finance
Ms. Rosenberry stated that she will email it to the Commission and that it will be posted on the
website.
0:12:18 Motion and Vote to approve Consent Items E. 1-9.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve Consent Items E. 1-9.
Those voting Aye being Crs. Rupp, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
0:12:38 F. Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:13:10 G. Mayoral Proclamations
0:13:16 1. National Public Works Week - May 18-24, 2008
Mayor Jacobson proclaimed May 18-24, 2008 as National Public Works Week.
2
Minutes of the Bozeman City Commission, May 19, 2008
0:14:56 2. Bozeman Older Americans Day - May 28, 2008
Mayor Jacobson proclaimed May 28, 2008 as Bozeman Older Americans Day.
0:15:53 H. Action Items
0:15:55 1. Resolution No. 4103, Delaney Tax Abatement for Historic Preservation
(Kramer)
0:16:08 Courtney Kramer, Planner
Ms. Kramer explained that because there was a negative vote in the past on the Delaney Tax
Abatement, this item has been added as an action item instead of a consent item.
0:17:18 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:17:35 Cr. Bryson
Cr. Bryson stated that under fiscal effects, it should read that it is a tax abatement for 3 years
instead of 5 years. There is a typo.
0:17:51 Ms. Kramer
Ms. Kramer stated that it should be 3 years.
0:18:43 Motion and Vote to approve action item H. 1, Resolution No. 4103, Delaney Tax
Abatement recognizing that the last sentence of the fiscal effects should be amended to an
amount of 3 years before seeing an increase of those taxes.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve action item H.1,
Resolution No. 4103, Delaney Tax Abatement recognizing that the last sentence of the fiscal
effects should be amended to an amount for 3 years before seeing an increase in those
taxes.
Those voting Aye being Crs. Krauss, Bryson and Mayor Jacobson.
Those voting No being Cr. Rupp.
The motion carried 3-1.
0:19:30 2. Lindley House Rehabilitation and Secondary Building Site Plan Certificate
of Appropriateness with Deviations #Z-08016 (Kramer)
0:19:40 Ms. Kramer
Ms. Kramer presented the staff presentation regarding the Lindley House Rehabilitation and
Secondary Building Site Plan Certificate of Appropriateness with Deviations. Planning
recommendation is to conditionally approve the project.
3
Minutes of the Bozeman City Commission, May 19, 2008
0:28:07 Ms. Kramer
Ms. Kramer read each staff condition.
0:30:55 Cr. Krauss
Cr. Krauss stated his concern of encroaching into the 35 foot water course set back.
0:31:25 Ms. Kramer
Ms. Kramer pointed out the section of the proposed garage and duplex that would encroach into
the set back.
0:36:56 Bob Mechels- Architect, Applicant Representative
Mr. Mechels stated that he is available for questions.
0:37:13 Mayor Jacobson
Mayor Jacobson spoke regarding the house facing Olive Street and that there is not an entry
door.
0:40:29 Cr. Rupp
Cr. Rupp spoke regarding his concern of the 35 foot setback for the water course.
0:40:56 Mr. Mechels
Mr. Mechels stated that the building is proposed to encroach 7-8 ft into the water course set back
and that the concept of the owner was to build a court yard space in the area.
0:43:15 Public Comment
Mayor Jacobson opened public comment.
0:43:26 Bill Clinton-Public Comment
Mr. Clinton of 216 Lindley Place stated that he applauds the applicant for wanting to restore the
existing property but has a problem with some of the design. He is concerned about the increase
of people who will live at this property.
0:45:24 Darrel Behrent-Public Comment
Mr. Behrent of 208 Lindley Place spoke about his concerns regarding Olive Street because there
is a huge puddle that forms in the street right in front of the house. Mr. Behrent also spoke about
his concern regarding the increased square footage, the discharge from the proposed retention
pond into creek, and the noise from the adjoining park.
0:48:39 Pete Deichmann-Public Comment
Mr. Deichmann of 226 Lindley Place spoke regarding the R-2 zoning. He is behind restoring the
building but is concerned about the proposal.
0:49:37 Bren Urbis-Public Comment
4
Minutes of the Bozeman City Commission, May 19, 2008
Mr. Urbis of 322 North 20th Street stated that he is the building contractor for the applicant. Mr.
Urbis spoke regarding the easement on the property. This project would generate local stimulus
for local contractors.
0:51:55 Public Comment closed
Mayor Jacobson closed public comment.
0:53:08 Cr. Krauss
Cr. Krauss asked about a discharge tube into the creek.
0:53:13 Ms. Kramer
Ms. Kramer stated that they want to construct a retention pond but to her knowledge, they have
not asked for a discharge tube at this time.
0:53:49 Mr. Epple
Mr. Epple clarified that it is a detention pond instead of a retention pond that the applicant is
proposing.
0:54:39 Mr. Epple
Mr. Epple spoke about the flood plain area.
0:57:45 Ms. Kramer
Ms. Kramer showed the area where the flood plain clips the house.
1:00:10 Mayor Jacobson
Mayor Jacobson stated her concern of flooding.
1:00:37 Mr. Epple
Mr. Epple spoke regarding the predicted volume of water.
1:04:34 Cr. Rupp
Cr. Rupp spoke regarding the parking requirements.
1:05:02 Cr. Rupp
Cr. Rupp spoke regarding Bozeman Creek.
1:06:58 Motion to approve the Lindley House Rehabilitation and Secondary Building Site
Plan Certificate of Appropriateness with Deviations #Z-08016 as conditioned by staff.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Lindley House
Rehabilitation and Secondary Building Site Plan Certificate of Appropriateness with
Deviations #Z-08016 as conditioned by staff.
5
Minutes of the Bozeman City Commission, May 19, 2008
1:07:41 Cr. Krauss
Cr. Krauss spoke regarding deviations. He has concerns about the proposed overuse of the lot.
1:10:07 Mayor Jacobson
Mayor Jacobson stated that it seems that there is too much proposed for the space.
1:10:47 Cr. Bryson
Cr. Bryson stated that he likes the project but not the deviations proposed.
1:11:53 Vote on the motion to approve the Lindley House Rehabilitation and Secondary
Building Site Plan Certificate of Appropriateness with Deviations #Z-08016 as conditioned
by staff.
Those voting Aye being none.
Those voting No being Crs. Bryson, Rupp, Krauss, and Mayor Jacobson.
The motion failed 0-4.
1:12:09 Break
1:23:10 3. Senior Parking Considerations and Recommendations (Ken Tiahrt, Chair of
Senior Citizens' Advisory Board, and Saunders)
1:23:33 Ken Tiahrt, Chair of the Bozeman Senior Citizens' Advisory Board
Mr. Tiahrt stated that the Senior Citizens' Advisory Board would like the Commission to approve
their advisory statement urging that senior parking only signs be installed at already existing
businesses and other facilities with the assistance of the Bozeman Chamber of Commerce.
1:27:09 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:27:24 Motion and Vote to approve the recommendation of the Senior Citizens’ Advisory
Board as it relates to the senior signage.
It was moved by Cr. Rupp, seconded by Cr. Krauss to approve the recommendation of the
Senior Citizens’ Advisory Board as it relates to the senior signage.
Those voting Aye being Cr. Rupp, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
6
Minutes of the Bozeman City Commission, May 19, 2008
1:28:02 Motion and Vote to direct the Planning Department to include a recommendation
on the City website and make it available when persons purchase the printed text of Title
18, of the Bozeman Municipal Code.
It was moved by Cr. Krauss, seconded by Cr. Bryson to direct the Planning Department to
include a recommendation on the City website and make it available when persons
purchase the printed text of Title 18, of the Bozeman Municipal Code.
Those voting Aye being Crs. Bryson, Rupp, and Mayor Jacobson.
Those voting No being Crs. Krauss.
The motion carried 3-1.
1:28:26 4. Cottonwood/Tracy Stop Sign Proposal (Arkell)
1:28:39 Debbie Arkell, Director of Public Services
Ms. Arkell explained that an application was received regarding the placement of a stop sign at
the intersection of Cottonwood and Tracy, south of the Senior Center. Typically staff makes
decisions regarding placement of stop signs but because they have received strong neighborhood
support in the opposite direction of staff's proposal, the Commission's direction is requested.
1:35:37 Public Comment
Mayor Jacobson opened public comment.
1:36:03 E. Spogis -Public Comment
Ms. Spogis stated she agrees that a stop sign needs to go in on Cottonwood. This is a high use
neighborhood. She is concerned about the speed in this area.
1:39:33 Mayor Jacobson
Mayor Jacobson closed public comment.
1:39:51 Motion to direct staff to place stop signs on Cottonwood Street at it’s intersection
with North Tracy Avenue, based upon the City Engineering Study.
It was moved by Cr. Bryson, seconded by Cr. Rupp to direct staff to place stop signs on
Cottonwood Street at it’s intersection with North Tracy Avenue, based upon the City
Engineering Study.
1:40:09 Cr. Krauss
Cr. Krauss asked for clarification of the motion.
1:40:32 Amendment to the main motion by making it a four way stop at the intersection for
Cottonwood and Tracy.
7
Minutes of the Bozeman City Commission, May 19, 2008
Cr. Rupp proposed an amendment to the main motion by making it a four way stop at the
intersection for Cottonwood and Tracy. The motion failed due to the lack of a second.
1:41:00 Amendment to the main motion to direct staff to also include a include the "pod"
as described by Public Works Director Debbie Arkell on North Tracy and that we include
a couple of 25 mph signs on North Tracy as well as between Peach and the Fairgrounds.
It was moved by Cr. Krauss to direct staff to also include a "pod" as described by Public
Works Director Debbie Arkell on North Tracy and that we include a couple of 25 mph
signs on North Tracy as well as between Peach and the Fairgrounds.
1:42:03 Mayor Jacobson turned the gavel over to Deputy Mayor Krauss.
1:42:04 Second to the amendment to also include a "pod" as described by Public Works
Director Debbie Arkell on North Tracy and that we include a couple of 25 mph signs on
North Tracy as well as between Peach and the Fairgrounds.
The amendment to the main motion was seconded by Cr. Pro Tem Jacobson.
1:50:23 Amendment to the main motion to put a 15 mph sign at the Park.
It was moved by Cr. Rupp, seconded by Cr. Pro Tem Jacobson to put a 15 mph sign at the
Park.
1:50:36 Vote on the amendment to the main motion to put a 15 mph sign at the Park.
Those voting Aye being Crs. Rupp, Pro Tem Jacobson, and Deputy Mayor Krauss.
Those voting No being Cr. Bryson
The motion carried 3-1.
1:51:07 Vote on the amendment to the main motion to also include a "pod" as described by
Public Works Director Debbie Arkell on North Tracy and that we include a couple of 25
mph signs on North Tracy as well as between Peach and the Fairgrounds.
Those voting Aye being Crs. Krauss, Pro Tem Jacobson, and Rupp.
Those voting No being Cr. Bryson.
The motion carried 3-1.
1:51:39 Vote on the main motion to direct staff to place stop signs on Cottonwood Street at
its intersection with North Tracy Avenue, based upon the City Engineering Study.
Those voting Aye being Crs. Bryson, Rupp, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
8
Minutes of the Bozeman City Commission, May 19, 2008
1:52:04 5. Approval of Sources of Funding for Burke Park Lots Purchase from Park
Cash-In-Lieu Fund (Rosenberry)
1:52:16 Anna Rosenberry, Director of Finance
Ms. Rosenberry explained that the Commission agreed to purchase the Burke Park Lots, but that
funding sources were not identified. Ms. Rosenberry stated that the City Manager and she are
recommending that the Commission approve the full expenditure of $520,000 from the Park
Cash-in-lieu Fund.
2:01:30 Cr. Krauss
Cr. Krauss stated a point of order and asked if the Commission was in discussion.
2:04:35 Public Comment
Mayor Jacobson opened public comment.
2:04:42 Eric Nelson-Public Comment
Mr. Nelson stated that he is representing the North East Urban Renewal Board. Mr. Nelson read
a letter from the board. It is important that the Commission remember where the money for
cash-in-lieu came from.
2:08:06 Public Comment closed
Mayor Jacobson closed public comment.
2:30:28 Motion to identify the following sources to purchase Burke Park, $500,000 from
(parkland) Cash-in-lieu Fund, and $20,000 from the General Fund.
It was moved by Cr. Rupp, seconded by Cr. Krauss to identify the following sources to
purchase Burke Park: $500,000 from the (parkland) Cash-in-lieu Fund, and $20,000 from
the General Fund.
2:31:17 Vote on the motion to identify the following sources to purchase Burke Park,
$500,000 from (parkland) Cash-in-lieu Fund, and $20,000 from the General Fund.
Those voting Aye being Crs. Rupp, Krauss, and Bryson.
Those voting No being Mayor Jacobson.
The motion carried 3-1.
2:32:11 6. Appointments to the City-County Board of Health (Delaney)
2:36:09 Motion and Vote to confirm the appointment to the Joint City-County vacancy on
the Board of Health of Berk Knighton.
It was moved by Cr. Bryson, seconded by Cr. Rupp to confirm the appointment to the
Joint City-County vacancy on the Board of Health of Berk Knighton.
9
Minutes of the Bozeman City Commission, May 19, 2008
Those voting Aye being Crs. Bryson, Rupp, and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion carried 3-1.
2:37:18 Motion and Vote to appoint Gretchen Rupp to the (City-County Health) Board.
It was moved by Cr. Rupp, seconded by Cr. Krauss to appoint Gretchen Rupp to the (City-
County Health) Board.
Those voting Aye being Crs. Rupp, Krauss, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
2:37:49 7. Approval of the City Manager's Appointment to the Police Commission
(Delaney)
2:37:50 Motion and Vote to approve the City Manager's appointment of Bill Ranard to the
Police Commission.
It was moved by Cr. Krauss, seconded by Cr. Bryson to approve the City Manager's
appointment of Bill Ranard to the Police Commission.
Those voting Aye being Crs. Krauss, Bryson, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 4-0.
2:38:09 8. Resolution No. 4105, Setting the Time and Day of the City Commission
Policy Meeting (Kukulski/Ulmen)
2:38:39 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:38:49 Motion and Vote to approve Resolution No. 4105, Setting the Day and Time of the
City Commission Policy Meetings as the first Thursday of each month from noon-1:30 p.m.
beginning June 5, 2008.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve Resolution No. 4105,
Setting the Day and Time of the City Commission Policy Meetings as the first Thursday of
each month from noon-1:30 p.m. beginning June 5, 2008.
Those voting Aye being Crs. Bryson, Rupp, Krauss, and Mayor Jacobson.
Those voting No being none.
10
Minutes of the Bozeman City Commission, May 19, 2008
The motion passed 4-0.
2:39:19 I. FYI/Discussion
2:39:24 1. Reminder of Policy Meeting on Wednesday, May 28, 2008
Mr. Kukulski reminded the Commission of the Policy Meeting on May 28, 2008.
2:40:21 2. The new neon sign at the Baxter Hotel
Cr. Rupp spoke about a letter that was received from a resident regarding the new neon sign at
the Baxter Hotel. The Commission thought that a discussion with the property owner could take
place asking that the sign be shut off at midnight. Mr. Epple stated that he would look into the
issue. Ulmen was directed to notice a possible quorum at the Ted's Montana Grill VIP dinner on
Thursday, May 29, 2008.
2:43:13 3. 504 South Grand House
Mr. Epple spoke regarding the house project at 504 South Grand. This project has been required
to come back through the Planning Department for review.
2:45:11 J. Adjournment
Mayor Jacobson adjourned the meeting at 8:43 p.m.
___________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
11