HomeMy WebLinkAboutFebruary 11, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 11, 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, February 11, 2008 at 4 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, City Attorney Paul Luwe, Director
of Finance Anna Rosenberry, and City Clerk Stacy Ulmen.
0:09:51 A. Work Session – Call to Order – 4 p.m. – Community Room, Gallatin County
Courthouse, 311 West Main Street
0:09:55 1. Capital Improvement Program for Fiscal Years 2009-2013 (Rosenberry,
Kukulski)
0:10:05 Chris Kukulski, City Manager
Mr. Kukulski highlighted the Capital Improvements Program for Fiscal Years 2009-2013. Mr.
Kukulski stated that the CIP is the first phase of the budget process.
0:12:48 Public Comment
Mayor Jacobson opened public comment.
0:12:57 Corey Ravnaas-Public Comment
Mr. Ravnaas of Hyalite Engineers, 1111 Research Drive, spoke regarding a letter that was
drafted to the Commission. Mr. Ravnaas showed a map regarding a project named the Oak
Street Connector project that is currently in the CIP. His firm believes that the amount listed in
the CIP will not cover the actual cost of the project. There is a sewer project that he feels should
be in the CIP that essentially affects most of the City east of Seventh Avenue.
0:18:40 Public Comment closed.
Mayor Jacobson closed public comment.
0:19:17 Cr. Rupp
Cr. Rupp asked about the items that are listed as unscheduled.
0:22:11 Anna Rosenberry, Director of Finance
Ms. Rosenberry stated that there a couple of items that get moved to the unscheduled column due
to timing reasons. She highlighted examples.
0:23:28 Mr. Kukulski
Mr. Kukulski this is a five year plan but it is updated each year.
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0:23:55 Mr. Kukulski
Mr. Kukulski stated that the Capital projects of 2009 are put into the annual budget.
0:24:56 Ms. Rosenberry
Ms. Rosenberry spoke about the $13.2 million for the Police and Municipal Court facility
building.
0:26:44 Cr. Becker
Cr. Becker spoke about the Library Foundation's request of an amendment to the CIP to purchase
a self check machine.
0:28:20 Cr. Bryson
Cr. Bryson spoke regarding the Story Mansion.
0:28:32 Mr. Kukulski
Mr. Kukulski explained how the Story Mansion is listed in the CIP.
0:30:11 Cr. Krauss
Cr. Krauss stated his concern of the setup of the CIP document.
0:41:03 Cr. Krauss
Cr. Krauss stated that he would like to see the annual items be listed first in the document.
0:49:28 Cr. Krauss
Cr. Krauss spoke regarding the historic resources inventory update in the Planning Division.
0:53:44 Cr. Bryson
Cr. Bryson asked about requirements in order to make a CIP request.
0:58:23 Ms. Rosenberry
Ms. Rosenberry stated that she can reformat the document to show all of the annual repair and
maintenance projects separated from the "one time" projects.
1:06:29 Mayor Jacobson
Mayor Jacobson questioned if the 60% rate for impact fees is included in the CIP.
1:07:05 Ms. Rosenberry
Ms. Rosenberry stated that she estimated the figures for the impact fees.
1:08:20 Mayor Jacobson
Mayor Jacobson spoke regarding partial SIDs.
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1:09:37 Cr. Rupp
Cr. Rupp spoke regarding the Kagy Route.
1:12:50 Cr. Rupp
Cr. Rupp spoke regarding College and 11th Street.
1:13:01 Rick Hixson, City Engineering
Mr. Hixson explained that some of these items came out of the 2001Transportation Plan update.
1:30:50 Mayor Jacobson
Mayor Jacobson spoke regarding the wastewater and water treatment plants.
1:33:39 Mayor Jacobson
Mayor Jacobson spoke regarding the conversion of methane gas into power.
1:35:05 Cr. Rupp
Cr. Rupp spoke regarding the water fund.
1:41:13 Adjourn
Mayor Jacobson adjourned the Work Session.
2:07:01 B. Call to Order – 6 p.m. – Community Room, Gallatin County Courthouse,
311 West Main Street
2:07:05 C. Pledge of Allegiance and a Moment of Silence
2:07:44 Mayor Jacobson
Mayor Jacobson asked if there were any changes to the Agenda.
2:07:47 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the Agenda.
2:07:52 D. Public Service Announcement
There was not a Public Service Announcement.
2:08:02 E. Minutes – January 7, 2008
2:08:10 Motion and Vote to approve the Minutes of January 7, 2008 as submitted.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Minutes of January 7,
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.
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2:08:26 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve January 2008 Monthly Building Report (Doerksen)
3. Approve Resolution No. 4094, Setting the Time and Day of Policy Meetings
(Ulmen)
4. Approve Bid Award to Stamm Manufacturing for One New 2008 Automatic 4
Wheel Drive, Diesel Cab and Chassis Truck with Aerial Platform and Boom
mounted on the Truck (Van Delinder)
5. Approve Resolution No. 4070, Cahill Tracts 4 & 5 Annexation #A-07004 and
authorize City Manager to sign Cahill Tracts 4 & 5 Annexation Agreement
(Knight)
6. Provisionally adopt Ordinance No. 1739, Cahill Tracts 4 & 5 Zone Map
Amendment #Z-07163 (Knight)
2:08:29 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
2:08:38 Cr. Rupp
Cr. Rupp questioned Consent Item #3, regarding the approval of Resolution No. 4094, Setting
the Time and Day of Policy Meetings, and the process of amending the Ordinance that applies to
this Resolution.
2:09:31 Motion and Vote to approve Consent items F. 1-6.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve Consent items F. 1-6.
Those voting Aye being Crs. Rupp, Bryson, Krauss, Becker, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
2:09:55 G. Public Comment
Mayor Jacobson opened public comment.
2:10:08 Rick Gale- Public Comment
Mr. Gale of 213 Clifden Drive, stated that he is the Tobacco Prevention Program Coordinator for
the Montana Tobacco Use Prevention Program in Bozeman. The Tobacco Coalition would like
Commission support by signing a proclamation.
2:12:34 Public Comment closed.
Mayor Jacobson closed public comment.
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2:12:37 H. Action Items
2:12:38 1. Greater Bozeman Area Transportation Plan (2007 Update) Project
Presentation and Discussion, opened and continued from January 22, 2008 to January 28,
2008, continued from January 28, 2008 to February 11, 2008 (Murray)
2:12:43 Bob Murray, City Engineering
Mr. Murray conducted the Staff presentation.
2:13:54 Jeff Key, Representative from Robert Peccia & Associates
Mr. Key conducted a power point presentation. Mr. Key presented an update on the
Transportation Plan.
2:51:48 Public Comment
Mayor Jacobson opened public comment.
2:51:59 Brian Caldwell-Public Comment
Mr. Caldwell of 601 South Black, spoke regarding the transportation network on the northeast
part of Bozeman and the Oak Street connection listed in the City Capital Improvement Plan.
2:55:14 BJ Cope-Public Comment
Mr. Cope of 32 Discovery Drive, stated that he is a professional engineer with Allied
Engineering services and that he is speaking on behalf of his clients for the South Towne Square
project. They are in support of an amendment for the level of service.
2:55:54 Danielle Rager- Public Comment
Ms. Rager of 3114 12th Avenue North, Billings, stated that she is a Traffic Engineer with
Engineering Incorporated. She has conducted some traffic impact studies in the Bozeman area.
She believes that it would be beneficial to reevaluate the current level of standards.
2:57:29 James Donaldson- Public Comment
Mr. Donaldson stated that he is homeless. He spoke regarding global warming and the homeless
in Bozeman.
2:59:39 Mayor Jacobson
Mayor Jacobson closed public comment.
3:18:27 Motion to direct Staff to bring back a UDO (Unified Development Ordinance)
amendment to 18.44.060, D. Level of Service consistent with the Montana Department of
Transportation level of service standards.
It was moved by Cr. Bryson, seconded by Cr. Krauss to direct Staff to bring back a UDO
(Unified Development Ordinance) amendment to 18.44.060, D. Level of Service consistent
with the Montana Department of Transportation level of service standards.
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3:24:40 Vote on the Motion to direct Staff to bring back a UDO (Unified Development
Ordinance) amendment to 18.44.060, D. Level of Service consistent with the Montana
Department of Transportation level of service standards.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
3:24:53 Break
3:35:55 2. Street Name Change from Blackwood Road to Schaaf Street (Kerr)
3:36:04 Andy Kerr, City Engineering
Mr. Kerr presented the background of why the name change is needed. Mr. Kerr stated that he
was contacted by a member of the Schaff family requesting that the City not name the street after
the family. Mr. Kerr stated that a new name should be chosen.
3:39:00 Mr. Kerr
Mr. Kerr stated he would like to withdraw his recommendation for the name change at this time.
3:42:18 Motion and Vote to table (directing staff to bring back a resolution of street name
change of Blackwood Road).
A motion was made by Cr. Krauss, seconded by Cr. Becker to table (directing staff to bring
back a resolution of street name change of Blackwood Road).
Those voting Aye being Crs. Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
3:42:45 3. Maple Terrace Zone Map Amendment #Z-07267 (Knight)
3:43:10 Andy Epple, Planning Director
Mr. Epple conducted a power point presentation regarding the Maple Terrace Zone Map
Amendment.
3:47:25 Trevor McSpadden, Applicant Representative
Mr. McSpadden of Morrison-Maierle, Inc. conducted the Applicant presentation.
3:51:35 Public Comment
Mayor Jacobson opened public comment.
3:51:50 Chuck Parks- Public Comment
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Mr. Parks of 1705 West Durston, asked how the City had acquired the property in the past.
3:54:49 Debbie Arkell-Public Works Director
Ms. Arkell explained that the City purchased the property a little over 2 years ago.
3:58:19 Motion to approve the Maple Terrace Zone Map Amendment #Z-07267, with
contingencies listed in the Zoning Commission Resolution #Z-07267.
It was moved by Cr. Krauss, seconded by Cr. Becker to approve the Maple Terrace Zone
Map Amendment #Z-07267, with contingencies listed in the Zoning Commission Resolution
#Z-07267.
3:58:32 Discussion
4:01:49 Vote on the Motion to approve the Maple Terrace Zone Map Amendment #Z-
07267, with contingencies listed in the Zoning Commission Resolution #Z-07267.
Those voting Aye being Crs, Krauss, Becker, Rupp, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:02:48 4. Westphal Request for Tax Abatement for Historic Preservation (Kramer)
4:02:50 Courtney Kramer- Staff Liaison for the Historic Preservation Advisory Board.
Ms. Kramer conducted the Staff presentation regarding the Westphal request for Tax Abatement
for Historic Preservation.
4:11:47 Pam Westphal-Applicant
Ms. Westphal continued the Applicant presentation.
4:13:36 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
4:13:48 Motion and Vote to approve the Westphal request for Tax Abatement for Historic
Preservation, starting at the base year of 2005.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Westphal request for
Tax Abatement for Historic Preservation, starting at the base year of 2005.
Those voting Aye being Crs. Becker, Rupp, Bryson, Krauss, and Mayor Jacobson.
Those voting No being none.
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The motion carried 5-0.
4:14:21 5. Naked Noodle Cabaret License Conditional Use Permit/Certificate of
Appropriateness #Z-08005 (Riley)
4:14:30 Andy Epple, Planning Director
Mr. Epple conducted the Staff presentation for the Naked Noodle Cabaret License Conditional
Use Permit/Certificate of Appropriateness.
4:16:50 Mayor Jacobson
Mayor Jacobson asked if the applicant was present to conduct their presentation. It was
discovered that the representative was not present, but could be tracked down.
4:18:48 Mr. Luwe
Mr. Luwe suggested that the Commission move to the next item and then come back to this
particular agenda item.
4:19:12 Motion and Vote to table (Naked Noodle Cabaret License Conditional Use
Permit/Certificate of Appropriateness) until after Action Item #6.
It was moved by Cr. Rupp, seconded by Cr. Krauss to table (Naked Noodle Cabaret
License Conditional Use Permit/Certificate of Appropriateness) until after Action Item #6.
Those voting Aye being Crs. Rupp, Krauss, Becker, Bryson, and Mayor Jacobson.
Those voting No being none.
The motion carried 5-0.
4:20:26 6. Greek Way Apartments Site Plan #Z-07270 (Krueger)
4:20:53 Brian Krueger, Associate Planner
Mr. Krueger conducted the Staff presentation for the Greek Way Apartments Site Plan.
4:24:52 Cr. Krauss
Cr. Krauss disclosed that he works for the Museum of the Rockies who is a neighbor of this
project.
4:25:47 Dave Crawford, Applicant Representative
Mr. Crawford of Thomas, Dean, and Hoskins Engineering conducted the Applicant presentation.
4:27:55 Cr. Krauss
Cr. Krauss asked about improvements that are required at the intersection of Greek Way and
Kagy Boulevard.
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4:28:02 Mr. Crawford
Mr. Crawford stated that there were no improvements required.
4:28:10 Mr. Crawford
Mr. Crawford stated that because the development is relatively small, the engineering department
felt there was not a need for a traffic study or for improvements at that intersection.
4:31:44 Marianne Liebmann, Applicant
Ms. Liebmann stated that she is available for questions.
4:32:01 Public Comment
Mayor Jacobson opened public comment.
4:32:10 Cynthia Luebbe-Public Comment
Ms. Luebbe of 1524 South 3rd Avenue, spoke regarding the plat of the property, building height,
park land, concerns of traffic, setbacks, and coloring of the buildings.
4:35:41 Mr. Krueger
Mr. Krueger answered Ms. Luebbe's questions.
4:42:12 Cr. Krauss
Cr. Krauss spoke regarding the City not requiring a traffic study for the development.
4:42:24 Mr. Murray
Mr. Murray stated normally the City does not require a traffic study for a development of this
size. Engineering does not feel that there would be a significant traffic impact from this
development.
4:44:25 Public Comment
Mayor Jacobson closed public comment.
4:47:04 Cr. Rupp
Cr. Rupp disclosed that he lives in a neighborhood next door to the project. Cr. Rupp stated his
concern of the increased traffic that will occur from the proposed development. He does not
support the conclusion.
4:51:34 Cr. Krauss
Cr. Krauss stated that he is uncomfortable casting a vote. Cr. Krauss stated his concern of the
increased traffic that is proposed to dump out near the entrance into the Museum of the Rockies.
There needs to be a solution rather than dumping all the traffic out on Greek Way. Cr. Krauss
brought up his concern of park land dedications. Cr. Krauss stated that he cannot support this
project until a traffic plan gets worked out.
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5:10:18 Cr. Krauss
Cr. Krauss stated that before he would support the project, he would like to see a condition that
requires the development to participate in improvements, if needed, to the intersection on Greek
Way and Kagy Boulevard. Cr. Krauss stated that a condition should also be imposed regarding
requiring the City standard park land dedication.
5:11:55 Mr. Krueger
Mr. Krueger stated there is a code provision regarding park land dedication in the Staff report.
5:16:53 Cr. Becker
Cr. Becker suggested that the applicant be given an opportunity to resubmit their applications
with the issues that were addressed.
5:17:09 Cr. Krauss
Cr. Krauss suggested that the he would like to delay the decision on the application.
5:21:16 Mr. Crawford
Mr. Crawford stated that a traffic report can be done. Not sure if it can be done in two weeks.
5:25:27 Motion and Vote to take the Naked Noodle Cabaret License Conditional Use
Permit/Certificate of Appropriateness #Z-08005 off the table.
It was moved by Cr. Becker, seconded by Cr. Krauss to take the Naked Noodle Cabaret
License Conditional Use Permit/Certificate of Appropriateness #Z-08005 off the table.
Those voting Aye being Crs. Becker, Bryson, Rupp, and Krauss.
Those voting No being Mayor Jacobson.
The motion passed 4-1.
5:26:06 5. Naked Noodle Cabaret License Conditional Use Permit/Certificate of
Appropriateness #Z-08005 (Riley)
5:26:07 Brian Caldwell, Applicant representative.
Mr. Caldwell conducted the applicant presentation.
5:26:49 Motion to approve the Certificate of Appropriateness application #Z-08005 with
conditions.
It was moved by Cr. Bryson to approve the Certificate of Appropriateness application #Z-
08005 with conditions.
5:27:08 Public Comment
Mayor Jacobson opened public comment.
No person commented.
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Mayor Jacobson closed public comment.
5:27:16 Motion seconded to approve the Certificate of Appropriateness application #Z-
08005 with conditions.
Cr. Krauss seconded the motion to approve the Certificate of Appropriateness application
#Z-08005 with conditions.
5:27:21 Vote to approve the Certificate of Appropriateness application #Z-08005 with
conditions.
Those voting Aye being Crs. Bryson, Krauss, Becker, Rupp, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
5:27:58 I. FYI/Discussion
5:28:05 1. Water Conservation Program (Heaston)
Debbie Arkell, Director of Public Works gave an update on water conservation and a toilet
rebate program.
5:29:13 2. Consider Cancelling Spring Break Meeting (March 10, 2008) (Kukulski)
Mr. Kukulski noted four thumbs up to cancel the March 10, 2008 Regular Commission Meeting
due to spring break.
5:31:56 3. Update on the Commission Work Plan
Mr. Kukulski suggested that the Commission put together some of their goals prior to the Work
Session on Tuesday, February 19, 2008 at the C'MON Inn.
5:39:41 4. Parking Requirements on Third from Greek Way to Kagy Boulevard
Cr. Rupp asked about a memo that was written regarding changing Parking Requirements on
Third, from Greek Way to Kagy Boulevard. Ms. Arkell explained that the neighbors in that area
asked to remove and put up 2 hour parking signs. Ms. Arkell explained this took place a couple
of years ago.
5:41:23 5. Garbage in fence line from the Logan Landfill along interstate.
Cr. Rupp stated his dislike of all the white trash bags and debris from the Logan Landfill that is
caught in the fence line between Logan and Manhattan and asked that a letter be written to the
Gallatin County Solid Waste District. Kukulski stated that a letter could be drafted (who will do
this?) and hand delivered to the board by the City Representative.
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5:46:28 6. Conflicts with Policy Meeting dates
5:46:29 Cr. Becker
Cr. Becker stated that the Bicycle Advisory Board meets the same day as the scheduled policy
meetings.
5:46:39 Cr. Rupp
Cr. Rupp stated that he has a Tree Advisory meeting as well.
5:54:42 J. Adjournment
Mayor Jacobson adjourned the meeting at 10:01 p.m.
____________________________________
Kaaren Jacobson, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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