HomeMy WebLinkAboutApril 13, 2009 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 13, 2009
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, April 13, 2009. Present were Mayor Kaaren Jacobson, Cr. Jeff Krauss, Cr.
Sean Becker, Cr. Eric Bryson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director
Anna Rosenberry, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, and City
Clerk Stacy Ulmen.
0:00:15 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Jacobson called the meeting to order.
0:00:16 B. Pledge of Allegiance and a Moment of Silence
Mayor Jacobson asked that the former City Commissioner Joan M. Rudberg be remembered
during the Moment of Silence.
0:00:57 C. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the Agenda.
0:01:02 Chris Kukulski, City Manager
Mr. Kukulski stated that there were no changes to the Agenda.
0:01:06 D. Public Service Announcements
0:01:13 1. Gallatin Earth Celebration (Meyer)
Natalie Meyer, City Grants/Climate Protection Coordinator spoke regarding the second annual
Gallatin Earth Celebration. There are many events that are going on beginning with an E-Waste
event.
0:04:32 2. Grand Opening of Bridger Park Downtown (Burns)
Paul Burns, City of Bozeman's Parking Manager stated that the Bridger Park Downtown Parking
Garage opened this morning.
0:05:11 3. Announcement of Vehicle and Bicycle Auction on April 18, 2009 (McLane)
Rich McLane, Police Lieutenant spoke regarding the Vehicle and Bicycle Auction on April 18,
2009. The viewing begins at 9 a.m.
0:06:07 E. Consent
1. Authorize Payment of Claims (LaMeres) 2. Approve Cancelling the Regular Meeting on Monday, May 4, 2009 and Schedule a Roundtable Discussion with Planning and Engineering that Evening (Ulmen)
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3. Approve the Monthly Building Report for March 2009 (Risk)
4. Ratify City Manager's signature on Agreement between the Department of the
Army and the City of Bozeman, Montana for Design and Construction Assistance
for the City of Bozeman Water Reclamation Facility, Gallatin County, Bozeman, Montana (Murray)
0:06:13 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:06:26 Motion and Vote
to approve Consent Items E. 1-4.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve Consent Items E. 1-4.
Those voting Aye being Crs. Rupp, Becker, Krauss, Bryson ,and Mayor Jacobson.
Those voting No being none.
0:06:42 F. Public Comment
The motion passed 5-0.
Mayor Jacobson opened public comment.
0:07:00
Ms. Rugheimer 1400 Story Mill Road spoke regarding the view shed in the lower Bridger
Mountains. She spoke regarding sprawl. She spoke regarding sustainability of agriculture.
Hallie Rugheimer, Public Comment
0:10:39 June Humble, Public Comment
Ms. Humble 1441 North 15th Avenue spoke regarding the Summerwood Apartments. She
spoke regarding the elimination of exercise machines in the apartments.
0:12:07 Public Comment Closed
Mayor Jacobson closed public comment.
0:12:12 G. Action Items
0:12:15 1. Story Mansion Community Center Conditional Use Permit and Certificate of
Appropriateness with a Deviation Application, No. Z-09022 (Bristor)
0:12:23 Public Hearing open
Mayor Jacobson opened the Public Hearing.
0:12:28 Allyson Bristor, Associate Planner and Historic Preservation Officer
Ms. Bristor gave the staff presentation regarding the Story Mansion Community Center
Conditional Use Permit and Certificate of Appropriateness with a Deviation Application.
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0:22:17 Cr. Bryson
Cr. Bryson spoke regarding the parking spaces on the street.
0:22:31 Ms. Bristor
Ms. Bristor spoke regarding phase 1 of the parking.
0:24:02 Public Comment
Mayor Jacobson opened public comment.
0:24:13 Jane Klockman, Public Comment
Ms. Klockman of 713 South Willson stated that she is representing the Friends of the Story
Mansion. The group has an IRS status and wants to work with the Community at large. They
envision this as a work in progress and invited others to join the group.
0:26:25 Rob Kaufmann, Public Comment
Mr. Kaufmann of 3632 Bungalow Lane spoke regarding the parking areas. He feels that the
impact of the Story Mansion is large and that the City should not compete with private
businesses. This is going to be a troublesome area.
0:29:17 Elsa Campbell, Public Comment
Ms. Campbell of 14577 Cottonwood Canyon Road stated that she is the owner of property on
South Willson. She runs a private events center called the Woodlands. She is against the City
entering into direct competition. The City should not pick up “for profit” events. She has
concerns of the wrap up time of 11 p.m. and suggests that the time be changed to 9 p.m.
0:31:49 Lonnie Bos, Public Comment
Mr. Bos of 74 East Alexa Court stated that he operates the Lazy B Farm. He disagrees with
competing against tax payer dollars. This should stay with non-profit dollars.
0:33:10 Charlton Campbell, Public Comment
Mr. Campbell of 14577 Cottonwood Canyon Road and owns property on Willson. He is here on
behalf of his mother. He does not see how this is a conditional use. This is a commercial facility.
He spoke regarding the parking which should be determined by square footage.
0:36:31 Mark Kaufmann, Public Comment
Mr. Kaufmann of 4247 Benepe Street stated that he is representing his parents at 912 South
Willson. He spoke regarding parking. Many people will be entering the residential
neighborhood.
0:37:33 Dee Dee Taylor, Public Comment
Ms. Taylor of 8 West Harrison Street stated she is a member of the Friends of the Story Mansion.
The friends group has been in existence for a year. Have had open meetings at the Library.
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Their core mission is to support the City's ownership. They want to balance the use of these
buildings and the property.
0:41:02 Charidy Jenson, Public Comment
Ms. Jenson of 777 Haggerty Lane stated that the Story Mansion is an asset to the Community.
She spoke regarding security. She feels that a balanced use is important.
0:43:56 Katie Bark, Public Comment
Ms. Bark of 524 South 5th stated that she likes the Story Mansion but is concerned about lights
and security. She would like the time for events being done earlier than 11 p.m. She thinks the
area would be good for a Community Garden.
0:45:23
Mr. Tanner of 807 South Grand Avenue stated that he is interested in historic preservation and is
a friend of the Friends of the Story Mansion. He stated that activities have not been defined yet.
Need to determine what kind of activities there will be. This needs to be determined before the
parking. He is In favor of maintaining the Story Mansion.
Steven Tanner, Public Comment
0:47:58 Public Comment closed
Mayor Jacobson closed public comment.
0:48:13 Ms. Bristor
Ms. Bristor spoke regarding landscaping and screening.
0:51:42 Public Hearing closed
Mayor Jacobson closed the public hearing.
0:51:55 Mayor Jacobson
Mayor Jacobson spoke regarding the other City facilities.
0:54:02 Cr. Bryson
Cr. Bryson stated that the parking seems problematic.
0:55:37 Cr. Krauss
Cr. Krauss spoke regarding his concern of the conditional use permit.
0:59:38 Cr. Becker
Cr. Becker spoke regarding the City's Noise Ordinance.
1:01:01 Mr. Epple
Mr. Epple spoke regarding the process of determining parking requirements.
1:09:14 Cr. Rupp
Cr. Rupp spoke regarding the public comment received.
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1:15:07 Motion to approve the Story Mansion Community Center Conditional Use Permit
and Certificate of Appropriateness with Deviation Application No. Z-09022 as conditioned
by staff limiting the application to the first floor.
1:19:56
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the Story Mansion
Community Center Conditional Use Permit and Certificate of Appropriateness with
Deviation Application No. Z-09022 as conditioned by staff limiting the application to the
first floor.
Amendment to the Main Motion that the hours of closing be changed from 11 p.m.
to 9 p.m.
1:21:14
It was moved by Cr. Rupp, seconded by Cr. Krauss that the hours of closing be changed
from 11 p.m. to 9 p.m.
Amendment withdrawn that the hours of closing be changed from 11 p.m. to 9 p.m.
1:21:20
Cr. Rupp withdrew his amendment that the hours of closing be changed from 11 p.m. to 9
p.m.
Amendment to the Main Motion that the 9 p.m. limitation is for outdoor activities.
1:21:46
It was moved by Cr. Rupp, seconded by Cr. Becker that the 9 p.m. limitation is for outdoor
activities.
Vote on the Amendment to the Main Motion that the 9 p.m. limitation is for
outdoor activities.
Those voting Aye being Crs. Rupp, Becker and Krauss.
Those voting No being Cr. Bryson and Mayor Jacobson.
The motion passed 3-2.
1:22:33 Vote on the Main Motion to approve the Story Mansion Community Center
Conditional Use Permit and Certificate of Appropriateness with Deviation Application No.
Z-09022 as conditioned by staff limiting the application to the first floor as amended.
Those voting Aye being Crs. Becker, Rupp and Mayor Jacobson.
Those voting No being Crs. Krauss and Bryson.
The motion passed 3-2.
1:22:55 Greg Sullivan, City Attorney
Attorney Sullivan asked that the evaluation of the review criteria and the findings be addressed.
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1:24:44 Cr. Becker
Cr. Becker stated that the Intent of his motion and the votes were based upon the review criteria
and findings in the staff report.
1:25:23 Break
1:40:20 2. Resolution No. 4163, Adoption of the Bozeman Community Plan (Saunders)
1:40:21 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Bozeman Community Plan. The City is
required by law to update the policy every 5 years. The process began by selecting a consultant
to review the document. Mr. Saunders spoke regarding the Planning Board's Vision Statement.
2:09:08 Cr. Bryson
Cr. Bryson spoke regarding the Transportation Plan and the proposed extension of Highland that
if constructed would go through the Delaney swamp area.
2:09:20 Mr. Saunders
Mr. Saunders stated that the Transportation Plan does propose this but it is listed as a
"theoretical" extension because of the change of grade in the area.
2:09:36 Cr. Bryson
Cr. Bryson spoke regarding the zoning of the swamp area.
2:13:47 Mayor Jacobson
Mayor Jacobson spoke regarding the possible wetlands area and asked who would determine if
the land could be developed.
2:13:53 Mr. Saunders
Mr. Saunders stated that there are a series of regulatory agencies that would be involved.
2:14:30 Cr. Krauss
Cr. Krauss spoke regarding the two areas where the new growth policy is in conflict with the
underlying zoning and asked if there were others.
2:14:55 Mr. Saunders
Mr. Saunders stated that there are others and pointed them out on the map.
2:16:11 Cr. Krauss
Cr. Krauss stated that he would like a report identifying the areas where the growth policy
changes conflict with the underlying zoning areas and possibly ask for input from those property
owners involved.
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2:17:00 Mayor Jacobson
Mayor Jacobson spoke regarding the zoning designation of Business Park. She thought that it
had been discussed to eliminate this designation.
2:17:43 Mr. Saunders
Mr. Saunders stated that the designation has been revised and spoke regarding those changes.
2:18:47 Cr. Becker
Cr. Becker spoke regarding the Business Park Mixed Use Zoning designation.
2:20:27 Public Comment
Mayor Jacobson opened public comment.
2:20:42 Casey Wells, Public Comment
Mr. Wells of 1621 West College Street stated that he is Senator ASMSU. A letter was given to
the Commission in regards of a couple of items that he would like to be addressed in the
Community Plan. He would like to see alternative transportation addressed in the plan.
2:24:12 Steven Ziegler, Public Comment
Mr. Ziegler of 2531 Whitetail Road thanked the City for being pro-active. Mr. Ziegler stated
that he is concerned about the future urban boundary. He showed the area on a map and spoke
regarding the view sheds. He also spoke regarding the wildlife corridors.
2:28:27 Patricia McKernan, Public Comment
Ms. McKernan of 3365 Deer Creek Drive spoke regarding her concern of the future urban
designation. This invites density. Is there really a need to designate the foothills future urban?
She spoke regarding the amount of undeveloped acreage.
2:31:44 Charles Peetree, Public Comment
Mr. Peetree of 3365 Deer Creek Drive spoke regarding the area of concern in the foothills.
Doesn't seem to be a benefit is respect to the possible density. He is suggesting that a new
category be added calling the area Future Rural. He suggested that the City work with the
County to develop a plan to keep the foothills at a low density.
2:35:38 Lucille Pope, Public Comment
Ms. Pope stated that she is with the Alliance for Building Communities. The organization is
interested in housing from the $10,000-$100,000 range. She thanked the Planning Board for
their work. She spoke regarding affordable housing and urged the Commission to support the
plan.
2:36:39 Bonnie Jarret, Public Comment
Ms. Jarret stated that she is representing the Delaneys. She spoke regarding the zoning on the
wetlands.
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2:38:20 Richard Shafski, Public Comment
Mr. Shafski of 125 Sypes Canyon Spur Road stated that he lives on the border of view sheds.
Water is a concern in that area and will not support urban growth. He urged the Commission to
look at defining this area as something else.
2:40:10 Ted Lange, Public Comment
Mr. Lange of the Gallatin Valley Land Trust stated that they support the 2020 plan. He suggested
an amendment regarding integrating and supporting agriculture. He has no problem with
renaming the foothills something more neutral. He spoke regarding the wetlands.
2:43:38 Johns Ferdinand, Public Comment
Mr. Ferdinand of 2355 Whitetail road stated he does not live in the City and is in the foothills.
This area needs to be treated different than the flatlands. It makes more sense to build down on
the flat ground and it makes sense to make flat areas different than the foothills. The wording is
problematic.
2:45:38 Brian Dingman, Public Comment
Mr. Dingman of 8645 Lookfar Way spoke regarding the urban designation. This is contradictory
of the Vision statement.
2:46:23 Paul Rugheimer, Public Comment
Mr. Rugheimer of 1400 Story Mill Road and 506 Oxford Drive showed a power point
showcasing the view of foothills from different locations around the City. The foothills deserve
better then random planning. He spoke regarding the current houses that are on the foothills.
He urged the existing guidelines for the properties in the foothills.
2:51:19 Brian Caldwell, Public Comment
Mr. Caldwell stated that he is the Planning Board's President. He spoke regarding the UDO and
the section pertaining to review and amendment section and the process therein. There is review
criteria that wasn't there in the past.
2:54:17 Cr. Krauss
Cr. Krauss asked Mr. Caldwell if the Planning Board would be willing to meet and discuss the
plan.
2:56:18 Lynn Rugheimer, Public Comment
Ms. Rugheimer of 1404 Story Mill Road stated that she commented the last 2 times the plan was
updated. She spoke regarding the Bridger foothills. She is concerned with some of the plans
shown this evening.
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2:58:36 Katie Bark, Public Comment
Ms. Bark of 524 South 5th spoke regarding health, safety, and sustainability. She stated that she
is promoting a complete streets ordinance. She also would like to promote the sustainability for
more gardens. She spoke regarding the safety on the trails. There needs to be rules and signage.
3:00:47 Chris Mehl, Public Comment
Mr. Mehl of 115 South Willson stated that he is on the Planning Board. He thanked the Board
members. He said it is a good plan and will move Bozeman forward. It is shorter and easier to
read. They have improved the amendment process.
3:02:44 Public Comment closed.
Mayor Jacobson closed public comment and the public hearing.
3:02:56 Mayor Jacobson
Mayor Jacobson spoke regarding Climate protection within the plan. She would like to have it
beefed up a bit. It needs to be clearer. She suggested having Natalie Meyer, the City's Climate
Protection representative draft up a section regarding carbon emissions.
3:05:19 Mayor Jacobson
Mayor Jacobson spoke regarding Chapter 14 regarding regional cooperation. She spoke
regarding the things that the City is doing with MSU. The work on the Town Gown should be
added to the list.
3:07:08 Cr. Bryson
Cr. Bryson spoke regarding the economic development portion of the plan.
3:08:50 Cr. Bryson
Cr. Bryson stated that there needs to be nuts and bolts regarding economic development and that
we have groups drafting specific plans, they should be incorporated into the plan.
3:09:48 Mr. Mehl
Mr. Mehl spoke regarding the Planning Board is in support of Cr. Bryson's statements regarding
economic development.
3:11:38 Cr. Rupp
Cr. Rupp thanked the Planning Board for their work on the plan. There is a lot of information.
He supports getting together with the Planning Board next. He spoke regarding the transit
system and that ASMSU should be listed along with the City of Belgrade along with the non-
profit running that system. He looks forward to a discussion with the Planning board regarding
the foothills.
3:15:49 Cr. Becker
Cr. Becker stated that GVLT's proposed amendment and does not have a problem with it.
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3:16:23 Mr. Saunders
Mr. Saunders stated that the amendment has been incorporated already into the plan.
3:16:34 Cr. Becker
Cr. Becker stated that he agrees with the link to the Climate Plan, Town Gown addition, and the
Streamline edits. Cr. Becker spoke regarding the trail use and complete streets as brought forth in
public comment. The trails are covered in the PROST Plan. The complete streets are covered in
the Transportation Plan. Cr. Becker spoke regarding annexation, Future Urban, and \the mass
transit issues that were brought up during public comment.
3:24:05 Cr. Krauss
Cr. Krauss spoke regarding bike lanes, ridgeline protection, affordable housing, dark skies
ordinance. Cr. Krauss spoke regarding the foothills. He has concerns regarding the conflict of
the plan and underlining zoning.
3:30:35 Mayor Jacobson
Mayor Jacobson spoke regarding growth projections.
3:35:21 Mr. Cooper
Mr. Cooper stated that because the public hearing has been closed, there would need to be a
Motion and seconded for an additional public hearing.
3:35:54 Motion to call for an additional public hearing, and that we schedule a meeting as
soon as it's possible for staff and the planning board to put together on a regular Monday
night meeting to discuss with the Planning Board the Community Plan as its been
presented to us.
This motion was clarified as follows:
It was moved by Cr. Krauss, seconded by Cr. Bryson to call for an additional public
hearing, and that we schedule a meeting as soon as it's possible for staff and the planning
board to put together on a regular Monday night meeting to discuss with the Planning
Board the Community Plan as its been presented to us.
It was decided to hold the next Public Hearing on
April 27th and then the two groups (Commission and Planning Board) would discuss the
plan, and then on May 11th
3:48:40
, possibly take action (with additional public comment again)
on the Community Plan.
Vote on the Motion to call for an additional public hearing, and that we schedule a
meeting as soon as it's possible for staff and the planning board to put together on a
regular Monday night meeting to discuss with the Planning Board the Community Plan as
its been presented to us.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
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Those voting No being none.
The motion passed 5-0.
3:48:49 Motion and Vote
to suspend the rules 15 minutes.
It was moved by Cr. Krauss, seconded by Cr. Bryson to suspend the rules 15 minutes.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker, and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
3:49:12 H. FYI/Discussion
3:49:18 1. Discuss determining a date for an Informal Presentation as requested by the
Gallatin Valley Spay-Neuter Coalition (Kukulski/Ulmen)
Mr. Kukulski stated that this item should be discussed with a broader budget discussion. Staff
will look at when this can be scheduled.
3:50:21 2. Letter regarding the status of the clean-up from the Downtown Businesses.
Cr. Rupp stated that he would like to see a future agenda item and discussion as soon as the final
report is done and cleanup is capable of beginning that the City takes a step forward to getting it
started. He would like the Commission to look at reserves and start committing a certain amount
of dollars, possibly around $250,000. Cr. Krauss stated that we need to have a "rainy day-
disaster" grant. Cr. Bryson suggested a no interest long term loan.
3:56:07 3. Impact fee Schedules
Cr. Becker spoke regarding certificates of occupancy. He would like staff to report the feasibility
of adjusting impact fee schedules.
4:01:44 4. Community Gardens
Cr. Becker spoke regarding spaces for Community Gardens. Mr. Saunders stated that gardens
could possibly be placed in parks. Brit Fontenot, Neighborhoods Coordinator is looking into
spaces for community garden areas.
4:05:18 I. Adjournment
Mayor Jacobson adjourned the meeting at 10:14 p.m.
________________________________
Kaaren Jacobson, Mayor
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ATTEST:
_____________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on __________________________.
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