HomeMy WebLinkAbout06 09 2008_May 12, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 12, 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, May 12, 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, Assistant City Attorney Tim Cooper,
Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmen.
0:06:16 A. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Jacobson called the meeting to order at 6:06 p.m.
0:06:19 B. Pledge of Allegiance and a Moment of Silence
0:07:06 C. Public Service Announcement – City-County Health Dept. Update
(Stephanie Nelson, Health Officer)
Ms. Nelson presented a Public Service Announcement regarding the budget process, the Human
Services Grant, and the new office space for the Gallatin City-County Health Department.
0:15:00 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign Montana Department of Transportation Utilities
Agreements for CM-STPU 1201(9) Highway Project South 19th and College and
STPU 1201(14) Highway Project Babcock to Kagy (Hixson)
3. Approve Building Division Report for April 2008 (Doerksen)
4. Provisionally adopt Ordinance No. 1745, Spring Creek Village Resort Zone Map
Amendment #Z-08028 (Riley)
5. Authorize City Manager to sign Sewer and Water Pipeline and Access Easement
and Agreement and Public Access Easement for Bozeman School District 7
Elementary School Water Main and Sidewalk (Murray)
0:15:07 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:15:22 Motion and Vote to approve Agenda (Consent) items D. 1-5. (This motion was later
reconsidered)
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It was moved by Cr. Becker, seconded by Cr. Rupp to approve Agenda (Consent) items D.
1-5.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being Cr. Krauss.
The motion carried 4-1.
(NOTE: A motion to reconsider the original motion to approve the Consent Agenda was
brought back to the table after the last Action Item).
1:16:15 Cr. Rupp
Cr. Rupp asked the City Attorney if a motion to reconsider could take place. He has
reconsidered and wishes to go on record as opposed to Consent Item D. 4. Provisionally adopting
Ordinance No. 1745, Spring Creek Village Resort Zone Map Amendment #Z-08028.
1:16:58 Motion and Vote to reconsider the previous motion approving the Consent Agenda.
It was moved by Cr. Rupp, seconded by Cr. Bryson to reconsider the Consent Agenda.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:17:13 Motion and Vote to approve Consent Items D 1- 5.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items D 1- 5.
Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson.
Those voting No being Crs. Rupp, and Krauss.
The motion carried 3-2.
0:15:43 E. Public Comment
Mayor Jacobson opened public comment.
0:16:06 Bob Chase-Public Comment
Mr. Chase of 433 South Black Avenue spoke regarding Agenda Item. G. 1. Breaking of the 2-2
Tie Vote on Cr. Becker's May 5, 2008 Motion "to direct staff to finalize the contract with
Comma-Q Architects in the amount of $49,149.00 for a complete Schematic Design Analysis of
the Mansion and to authorize the City Manager to sign the contract." Mr. Chase highlighted
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reasons why he feels that the City of Bozeman is not a qualified buyer. Mr. Chase asked that Cr.
Rupp vote against spending the $49,149.00 for the Design Analysis.
0:19:45 Public Comment closed.
Mayor Jacobson closed public comment.
0:19:52 F. Mayoral Proclamation
0:20:00 1. National Police Week - May 11-17, 2008
Mayor Jacobson proclaimed May 11-17, 2008 as National Police Week and recognized the
Bozeman Police Department.
0:22:33 2. Endangered Species Day - May 16, 2008
Mayor Jacobson proclaimed May 16, 2008 as Endangered Species Day.
0:24:54 G. Action Items
0:24:58 1. Breaking of the 2-2 Tie Vote on Cr. Becker's May 5, 2008 Motion "to direct
staff to finalize the contract with Comma-Q Architects in the amount of $49,149.00 for a
complete Schematic Design Analysis of the Mansion and to authorize the City Manager to
sign the contract." (Goehrung)
0:25:28 Cr. Rupp
Cr. Rupp explained the importance of preserving Montana's history. Cr. Rupp stated that this
contract is the information that he needs to arrive at his final decision regarding the Story
Mansion.
0:29:24 Cr. Rupp's Tie breaking Vote on Cr. Becker's May 5, 2008 Motion "to direct staff
to finalize the contract with Comma-Q Architects in the amount of $49,149.00 for a
complete Schematic Design Analysis of the Mansion and to authorize the City Manager to
sign the contract."
Cr. Rupp voted Aye therefore the motion passed 3-2.
0:29:40 2. Construction Manager at Risk for the Story Mansion Renovation, Second
Part of Architectural Contract for the Story Mansion Rehabilitation (Goehrung),
continued from May 5, 2008
0:30:02 Ron Brey, Assistant City Manager
Mr. Brey spoke regarding the rational of taking the approach of hiring a Construction Manager at
Risk.
0:36:43 Public Comment
Mayor Jacobson opened public comment.
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0:37:00 Christian Wilcox-Public Comment
Mr. Wilcox of 1121 South Wilson spoke about the costs pertaining to the mansion.
0:40:28 Gina Franklin-Public Comment
Ms. Franklin of 314 North 18th spoke regarding keeping the Story Mansion a single family
residence.
0:43:31 Public Comment closed
Mayor Jacobson closed public comment.
0:50:25 Motion to direct staff to advertise for a General Contractor/Construction Manager
and select a firm to assist the Architect in developing a detailed cost estimate for the
rehabing of the Story Mansion.
It was moved by Cr. Rupp, seconded by Cr. Becker to direct staff to advertise for a
General Contractor/Construction Manager and select a firm to assist the Architect in
developing a detailed cost estimate for the rehabing of the Story Mansion.
0:54:00 Vote on the Motion to direct staff to advertise for a General
Contractor/Construction Manager and select a firm to assist the Architect in developing a
detailed cost estimate for the rehabing of the Story Mansion.
Those voting Aye being Crs. Rupp, Becker,and Mayor Jacobson.
Those voting No being Crs. Bryson, and Krauss.
The motion carried 3-2.
0:54:10 Mayor Jacobson
Mayor Jacobson suggested that Cr. Rupp be the Commissioner represented on the selection
committee.
0:54:44 Cr. Rupp
Cr. Rupp stated that he would be glad to serve as the representative.
0:54:52 Motion and Vote to appoint Cr. Rupp to the design (selection) committee as the
Commission liaison.
It was moved by Cr. Bryson, seconded by Cr. Krauss to appoint Cr. Rupp to the design
(selection) committee as the Commission liaison.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
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0:55:34 3. Resolution No. 4102, Final Creation of Special Improvement Lighting
District #704, Baxter Square Subdivision Phases 1-4 (Rosenberry)
0:55:50 Anna Rosenberry, Director of Finance
Ms. Rosenberry presented the staff presentation regarding the creation of a Special Improvement
Lighting District for the Baxter Square Subdivision Phases 1-4.
1:01:08 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:01:23 Motion and Vote to approve SILD (Special Improvement Lighting District) #704,
Baxter Square Subdivision Phases 1-4.
It was moved by Cr. Krauss, seconded by Cr. Becker to approve SILD (Special
Improvement Lighting District) #704, Baxter Square Subdivision Phases 1-4.
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:01:53 4. Starky's Deli Cabaret Conditional Use Permit/Certificate of Appropriateness
#Z-08062 (Bristor)
1:02:12 Andy Epple, Director of Planning
Mr. Epple presented the staff presentation regarding Starky's Deli Cabaret Conditional Use
Permit/Certificate of Appropriateness. Staff recommends conditional approval.
1:04:03 Public Comment
Mayor Jacobson opened public comment.
1:04:11 Jon Belshaw, Public Comment
Mr. Belshaw of 45 Gardner Park Drive spoke in favor of the cabaret license.
1:06:06 Public Comment closed.
Mayor Jacobson closed public comment.
1:06:46 Motion and Vote to approve Starky's Cabaret Conditional Use Permit/ Certificate
of Appropriateness as listed in the staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve Starky's Cabaret
Conditional Use Permit/Certificate of Appropriateness as listed in the staff report.
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Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
1:07:09 5. On the Rise Conditional Use Permit/Certificate of Appropriateness #Z-
08061 (Bristor)
1:07:10 Mr. Epple
Mr. Epple presented the staff presentation for the On the Rise Conditional Use Permit/Certificate
of Appropriateness. Staff recommends conditional approval.
1:10:59 Pete Strom, Applicant
Mr. Strom of 1007 West Main Street stated that he is available for questions
1:11:23 Cr. Bryson
Cr. Bryson asked if there would be changes in the hours of operation once the cabaret license is
received.
1:11:27 Mr. Strom
Mr. Strom stated not initially.
1:12:26 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:12:45 Cr. Krauss
Cr. Krauss asked Mr. Epple about the access entering Main Street from the business and if
getting rid of the access was considered.
1:12:58 Mr. Epple
Mr. Epple stated it was not an issue that was addressed and that the Montana Department of
Transportation would need to be contacted.
1:15:24 Motion and Vote to approve the On the Rise Conditional Use Permit with the
Certificate of Appropriateness Application #Z-08061with conditions outlined in the staff
report.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the On the Rise Conditional
Use Permit with the Certificate of Appropriateness Application #Z-08061with conditions
outlined in the staff report.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
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The motion carried 5-0.
1:16:15 Cr. Rupp
Cr. Rupp asked the City Attorney if a motion to reconsider could take place. He has
reconsidered and wishes to go on record as opposed to Consent Item D. 4 Provisionally adopting
Ordinance No. 1745, Spring Creek Village Resort Zone Map Amendment #Z-08028.
1:16:58 Motion and Vote to reconsider the Consent Agenda.
It was moved by Cr. Rupp, seconded by Cr. Bryson to reconsider the Consent Agenda.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
1:17:13 Motion to approve Consent Items D 1- 5.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent Items D 1- 5.
Those voting Aye being Crs. Bryson, Becker, and Mayor Jacobson.
Those voting No being Crs. Rupp, and Krauss.
The motion carried 3-2.
1:18:03 H. FYI/Discussion
1:18:08 1. Reminder of Policy Meeting on Wednesday, May 14, and the Joint City/County
Meeting on Friday, May 16, 2008.
City Clerk Stacy Ulmen reminded the Commissioners of the upcoming Policy Meeting on
Wednesday, May 14, and the Joint City/County Meeting on Friday, May 16, 2008.
1:20:09 2. Update from the Joint City-Town/County Meeting held on May 9, 2008.
Mr. Kukulski stated that Bozeman will be hosting the next joint City/Town-County meeting in
June. Mr. Kukulski stated that a subcommittee of the group will be formed including area
Mayors and representation from the Commission to discuss local option.
1:22:51 3. Air Conditioning replacement and Bylaws at the Senior Center
Cr. Bryson spoke regarding the Senior Center air conditioning replacement. The costs are more
than what is budgeted. There is a big difference in the bids that were received. Cr. Krauss stated
that the context of how the facility operates also needs to be considered.
1:27:45 4. Proclamations
Cr. Krauss stated that Proclamations that include the City Commission need to be approved by
the Commission.
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1:28:45 5. 15th Street traffic issues
Cr. Krauss spoke regarding 15th and a 15 mph speed limit. Mayor Jacobson suggested some
calming devices be installed on 15th.
1:32:46 6. Bike Week
Cr. Becker spoke regarding Bike Week and areas where events are taking place.
1:33:53 7. Policy meetings days and times
The Commission discussed Policy Meetings and changing the day and time to Thursdays. Cr.
Krauss will check his schedule and the Commission agreed that this should be added as an action
item for the next Commission meeting.
1:39:47 8. Mayor's Institute on Urban Design
Mayor Jacobson stated that she attended the Mayor's Institute on Urban Design and that 8 Cities
were invited. There were urban design professionals who addressed problems for each city
regarding design.
1:45:17 I. Adjournment
Mayor Jacobson adjourned the meeting at 7:47 p.m.
___________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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