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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 20, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday September 20, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
Asst. City Attorney Tim Cooper and Deputy City Clerk Aimee Kissel.
* Please refer to the audio recording of this meeting for additional detail.
0:00:01 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:03 B. Pledge of Allegiance and Moment of Silence
Mayor Krauss dedicated the moment of silence to the men and women of the Montana National
Guard who shipped out today.
0:01:19 C. Changes to the Agenda
0:01:21 Mayor Krauss
Mayor Krauss informed the public that an additional public service announcement has been
added to the agenda from city staff Natalie Meyer regarding the Mayors' Community Climate
Task Force. Also, action items four and five will be moved up on the agenda to action items 1
and 2 with the longer public hearings to follow.
0:02:04 D. Authorize Absence of Cr. Becker
Mayor Krauss said that Commissioner Becker is on a political exchange to Turkey.
0:02:08 Motion and Vote to authorize the absence of Commissioner Becker.
It was moved by Cr. Andrus, seconded by Cr. Mehl to authorize the absence of
Commissioner Becker.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:02:41 E. Minutes - December 7, 2009
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0:02:57 Motion and Vote to approve the minutes of December 7, 2009.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the minutes of December 7,
2009 as submitted.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:03:29 Public Service Announcement
0:03:41 Natalie Meyer, Grants and Climate Protection Coordinator
Ms. Meyer announced that the Mayors' Community Climate Task Force is seeking public input
through an on-line survey which can be found at the city of Bozeman website at
www.bozeman.net.
0:05:40 F. Consent
1. Authorize payment of Accounts Payable Claims (LaMeres)
2. Appoint City Manager Chris Kukulski to the MMIA Board of Directors to
serve a term of two years effective October 7, 2010 or appoint another
designee such as the Mayor or another Commissioner (Kukulski/Ulmen)
3. Approve awarding a Bid in the amount of $129,521 to Solid Waste Systems
for one 2010 Refuse Packer (Johnson)
4. Approve Resolution No. 4287, authorizing the City Manager to sign Change
Order No. 14 for the Lower Yard Vehicle Maintenance and HRDC Bus Barn
for Mechanical Systems Modifications, the addition of a Ventilation Fan,
additional Concrete Work, and a Yard Light for the Sand Storage Building
(Goehrung)
5. Approve the Final Plat for the Amended Plat of Lot 7, Block 16, Cattail
Creek Minor Subdivision No. P-10011 for the Second or Subsequent Minor
Subdivision of approximately .2908 acres to create two townhouse lots and
authorize the Director of Public Service to execute the same on behalf of the
City of Bozeman (Riley)
6. Approve the Building Permit Reports for August 2010 (Risk)
7. Approve Resolution No. 4289, creating a Redevelopment Incentive Program
("N7Rehab") for the North 7th Avenue Urban Renewal District (Thorpe)
0:05:52 Public Comment
Mayor Krauss opened public comment on consent items F. 1-7.
No person commented.
Mayor Krauss closed public comment.
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0:06:08 Motion and Vote to approve consent items F. 1-7 as submitted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve consent items F. 1-7 as
submitted.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:06:29 G. Public Comment
Mayor Krauss opened general public comment.
0:07:28 William Halpin, Public Comment
Mr. Halpin of 1319 South Church Street spoke regarding his recent application to the city of
Bozeman Tree Advisory Board and his frustration to receive an appointment letter and then learn
he was not appointed to the board by the Commission. He also expressed anger that he was not
appointed to the board and provided his views on the matter.
0:10:27 Cr. Mehl
Cr. Mehl explained that staff made a clerical error and sent out a letter of appt. to Mr. Halpin
when in fact, the agenda item had not been acted upon by the Commission. He had contacted Mr.
Halpin regarding this issue. Cr. Mehl asked that this item be brought up during FYI this evening.
0:11:13 Tim Dean, Public Comment
Mr. Dean of Tim Dean Construction, of 950 Stoneridge spoke on behalf of, and submitted a
letter from, Southwest Montana Building Industry Association (SWMBIA). The letter refers to a
request for the city to participate with SMBIA in lowering the cost of housing in Bozeman by
reducing Street and Transportation impact fee charges. Mr. Dean spoke regarding his previous
experiences on the Impact Fee Advisory Committee. Mr. Dean explained why he feels these fees
are too high and also stated that SWMBIA has other ideas for improving housing costs in
Bozeman.
0:14:43 Mayor Krauss
Mayor Krauss asked about money that is still being held from a law suit.
0:15:15 Cr. Mehl
Cr. Mehl asked that this issue be brought forward during FYI.
0:15:22 Public Comment closed.
Seeing no further public comment, Mayor Krauss closed public comment.
0:15:30 H. Action Items
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0:15:50 4. Wilde Room Addition Conditional Use Permit and Certificate of
Appropriateness Application No. Z-10177 (Bristor)
0:16:03 Allyson Bristor, Dept. of Planning and Community Development
Ms. Bristor provided the staff presentation on this item.
0:19:28 Mayor Krauss
Mayor Krauss asked why the Board of Adjustment did not hear this request.
0:19:51 Cr. Mehl
Cr. Mehl began questions for staff.
0:20:28 Ms. Bristor
Ms. Bristor responded to Cr. Mehl's questions regarding the reasoning for the requirement that
the applicant provide a color palette.
0:22:36 Zack Edmiston, on behalf of the applicant, Ray Wilde
Mr. Edmiston spoke regarding the positive aspects of this remodel including the increased
property value of the site, without decreasing adjacent property values.
0:23:12 Mayor Krauss
Mayor Krauss asked whether the applicant was comfortable with conditions as outlined by staff.
0:23:16 Zack Edmiston
Mr. Edmiston asked to quickly contact Ms. Wilde via telephone to ensure there were no
objections to the conditions.
0:24:14 Public Comment
Mayor Krauss opened public comment on this item.
No person commented.
Mayor Krauss closed public comment.
0:27:13 Mr. Edmiston on behalf of the Applicant
Mr. Edmiston said the applicant would like to contest the staff requirement for material other
than vinyl for the windows; and the requirement to provide a color palette.
0:28:34 Ms. Bristor
Ms. Bristor explained that there is not a requirement to have no vinyl windows. Ms. Bristor
would advice that if the Commission wishes to revise condition number three regarding the color
palette, that they consider still requiring materials to be submitted.
0:29:21 Mayor Krauss closed the public hearing and opened motion, discussion and vote.
0:29:34 Motion to conditionally approve the Wilde Room addition conditional use permit
and certificate of appropriateness application no. Z-10177 with the conditions and code
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provisions recommended in the staff report with staff condition no. 3 revised to say that the
color palette does not need to be submitted, but that material samples would be (required).
It was moved by Cr. Andrus, to conditionally approve the Wilde Room addition
conditional use permit and certificate of appropriateness application no. Z-10177 with the
conditions and code provisions recommended by the staff with staff condition no. 3 revised
to say that the color palette does not need to be submitted, but that material samples would
be (required).
0:30:22 Cr. Andrus
Cr. Andrus provided rationale for the motion.
0:31:02 Cr. Taylor
Cr. Taylor began discussion on the motion regarding the color palette.
0:32:20 Cr. Mehl
Cr. Mehl continued discussion on the motion regarding the color palette.
0:33:06 Motion to amend the main motion by requiring a color palette as originally stated
(in staff condition no. 3).
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion by
requiring a color palette as originally stated (in staff condition no. 3).
0:33:28 Vote on the amendment to the main motion to require a color palette as originally
stated (in staff condition no. 3).
Those voting Aye being Crs. Taylor, Andrus, Mayor Krauss.
Those voting No being Cr. Mehl.
The amendment to the main motion passed 3-1.
0:33:45 Vote on the main motion to conditionally approve the Wilde Room addition
conditional use permit and certificate of appropriateness application no. Z-10177 with the
conditions and code provisions recommended by the staff with staff condition no. 3 revised
to say that the color palette does not need to be submitted, but that material samples would
be (required) with an amendment to the main motion that a color palette is required as
originally stated (in staff condition no. 3).
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
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0:34:08 5. Resolution No. 4279, Owen/Sherman Tax Abatement for Historic
Preservation Certificate of Appropriateness No. Z-10160, 404 West Curtiss Street
(Kramer)
0:34:14 Courtney Kramer, Historic Preservation Officer
Ms. Kramer provided the staff presentation on this item.
0:40:37 Cr. Mehl
Cr. Mehl asked questions related to the amount of tax abatement requests, leading to information
regarding the reasons there have been so few requests.
0:42:23 Cr. Taylor
Cr. Taylor asked questions related to the taxes that would be abated.
0:43:21Mayor Krauss Mayor Krauss asked for the applicant presentation.
No applicant was present.
0:43:34 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:43:41 Motion to approve Resolution No. 4279, Owen/Sherman tax abatement for historic
preservation certificate of appropriateness no. Z-10160 at 404 West Curtiss Street, a
property within the Cooper Park historic district on the national register of historic places.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4279,
Owen/Sherman tax abatement for historic preservation certificate of appropriateness no.
Z-10160 at 404 West Curtiss Street, a property within the Cooper Park historic district on
the national register of historic places.
0:44:05 Cr. Taylor
Cr. Taylor said this is a great example of why this program exists. He feels it is a good program,
even though it doesn't get used very often.
0:44:31 Mayor Krauss
Mayor Krauss said this program is an example of how government can incentivize people to
make investments in their property and respect their property rights. This is a win-win.
0:45:08 Vote on the motion to approve Resolution No. 4279, Owen/Sherman tax abatement
for historic preservation certificate of appropriateness no. Z-10160 at 404 West Curtiss
Street, a property within the Cooper Park historic district on the national register of
historic places.
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Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:45:18 Break
Mayor Krauss called for a five minute break.
0:51:29 Back to Order
Mayor Krauss called the meeting back to order after a break.
0:51:40 1. Billion Plaza II Master Site Plan No. Z-10180 and Nissan Dealership Site
Plan No. Z-10181 (Riley)
0:51:53 Dave Skelton, Senior Planner in the Dept. of Planning and Community Development
Mr. Skelton provided the staff presentation on this item.
1:09:23 Cr. Taylor
Cr. Taylor said that in regards to condition eight on page three, the wording should be 11 p.m. to
6 a.m.
1:10:21 Cr. Mehl
Cr. Mehl asked whether Mr. Skelton feels the design standards have been exceeded on this
project.
1:10:38 Mr. Skelton
Mr. Skelton said he does believe the design standards have been exceeded with this application
and provided additional information as to why.
1:13:37 Bayliss Ward, Architect on the Project
Mr. Ward provided the applicant presentation on this item.
1:15:18 Joe Billion, Applicant
Mr. Billion provided additional applicant information including his plans to move into the Nissan
Dealership in June of 2012.
1:17:18 Public Comment
Mayor Krauss opened public comment.
1:17:27 John Gerster, Public Comment
Mr. Gerster of 719 North Wallace spoke in regards to keeping parking lots cool with appropriate
tree shading.
1:20:57 Bayliss Ward, Architect on the Project
Mr. Ward responded to Mr. Gerster's comments, explaining what is in the plan for keeping the
lot cool.
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1:22:28 Public hearing closed.
Mayor Krauss closed the public hearing on this item and opened motion, discussion and vote.
1:22:38 Motion to approve the Billion Plaza II master site plan and first phase Nissan
dealership site plan application no. Z-10180 and no. Z-10181 as recommended by the
Design Review Board, with staff findings and recommended conditions of approval with
the exception of condition eight which will read 11 p.m. to 6 a.m. instead of 11 a.m. to 6
p.m. - how it currently reads.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve the Billion Plaza II master
site plan and first phase Nissan dealership site plan applicaton no. Z-10180 and no. Z-
10181 as recommended by the Design Review Board, with staff findings and recommended
conditions of approval with the exception of condition eight which will read 11 p.m. to 6
a.m. instead of what it presently reads.
1:24:24 Vote on the motion to approve the Billion Plaza II master site plan and first phase
Nissan dealership site plan applicaton no. Z-10180 and no. Z-10181 as recommended by the
Design Review Board, with staff findings and recommended conditions of approval with
the exception of condition eight which will read 11 p.m. to 6 a.m. instead of what it
presently reads.
Those voting Aye beings Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
1:24:45 2. Kohl’s Site Plan and Certificate of Appropriateness No. Z-10192 (Krueger)
1:25:01 Cr. Andrus
Cr. Andrus stated for the record that she would like to disclose that she is employed with the
Chamber of Commerce and there may be someone from the Chamber speaking to this project.
Cr. Andrus does not have a personal interest in this matter, nor does my position with the
Chamber prevent me from acting impartially. I have had no outside conversations pertaining to
this application and my decisions will be based upon the public record.
1:27:42 Brian Krueger, Assoc. Planner with the Dept. of Planning and Community Development
Mr. Krueger provided the staff presentation on this item.
1:37:27 Cr. Mehl
Cr. Mehl began questions asking whether the Design Review Board would be representing
themselves on this project.
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1:37:48 Cr. Mehl
Cr. Mehl asked for staff's opinion regarding the Design Review Board's request for the
application to be sent back to them (DRB) for final approval.
1:41:14 Cr. Mehl
Cr. Mehl asked what staff had in mind when they wrote condition number one to say 'program
approved by the city of Bozeman'.
1:47:15 Cr. Taylor
Cr. Taylor asked about the origins of conditions 1-3 from the Design Review Board.
1:56:20 Cr. Andrus
Cr. Andrus asked a question regarding connectivity regarding condition sixteen.
2:03:59 Jim Ulman, Morrison-Maerle on behalf of the Applicant
Mr. Ulman said Mr. Mitchell was unable to be here due to an injury. Mr. Ulman began the
presentation on behalf of the applicant.
2:06:34 Bob Lee, on behalf of the Applicant
Mr. Lee provided information regarding the gateway P.U.D. and P.U.D.'s in general from his
extensive background working with PUD's. He feels the Gateway PUD is superior.
2:16:36 Cr. Taylor
Cr. Taylor asked questions regarding the water courses that were supposed to run through the
PUD.
2:20:27 Cr. Mehl
Cr. Mehl asked questions about condition four from the Design Review Board and the applicants
response to this condition.
2:23:06 Mark Lee, on behalf of the Applicant
Mr. Lee, the Real Estate Manager for Kohl's spoke to the recommended conditions of approval.
2:28:48 Cr. Andrus
Cr. Andrus began questions for the applicant, asking about securing lighting.
2:29:31 Cr. Andrus
Cr. Andrus began questions regarding LEED certification.
2:33:50 Cr. Mehl
Cr. Mehl began detailed questions for the applicant regarding the required conditions of
approval.
2:37:18 Susan Swimley, Attorney on behalf of the Applicant
Ms. Swimley of 1807 W. Dickerson spoke to the condition to become LEED certified and how
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that affected the meeting going into the Design Review Board meeting. Ms. Swimley offered
alternative, preferred language for condition number three.
2:41:33 Mayor Krauss
Mayor Krauss continued questions regarding LEED certification.
2:45:31 Susan Swimley, Attorney on behalf of the Applicant
Ms. Swimley asked the Commission to remove condition sixteen, explaining why.
2:46:29 Break
Mayor Krauss called for a ten minute break.
2:58:29 Back from Break
Mayor Krauss called the meeting back to order from break.
2:58:37 Susan Swimley, Attorney on behalf of the applicant
Ms. Swimley provided a handout of LEED items from Kohl's that would go into the store.
2:59:43 Public Comment
Mayor Krauss opened public comment.
2:59:54 Steve Kirchoff, Public Comment
Mr. Kirchoff spoke regarding the application and his lack of respect for Kohl's. Kohl's is part of
phase 2 of the PUD. When the PUD was originally approved there were over 40 conditions of
approval. #39 condition on PUD must include between 70 an 200 residential developments at
phase two.
3:04:01 Jerry Pape, Public Comment
Mr. Pape owner of Excalibur and Triple Creek Realty of Bozeman urged once again to act
definitively on economic development and voiced his displeasure in the development application
process and offered suggestions to make the process smoother and more economic friendly.
3:10:18 Jim Wainwright, Public Comment
Mr. Wainwright spoke in opposition to the Kohl's project due to the impact he feels it would
have on the downtown economy. He is also opposed to Kohl's because he feels they do not
understand the culture here and he does not want this development to change the culture of the
area.
3:14:41 Daryl Schliem, Public Comment
Mr. Schliem, CEO of the Bozeman Area Chamber of Commerce spoke in favor of the Kohl's
project on behalf of the Chamber Board, providing details regarding why he supports Kohl's.
3:17:53 Michael Wainwright, Public Comment
Mr. Wainwright spoke against big box stores because he feels they have in small, and innovative
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businesses. He spoke to allowing big box stores contributing to a culture of conformity both in
an architectural and product sense.
3:21:32 Mark Gannon, Public Comment
Mr. Gannon, Chief Lending Officer for Bank of Bozeman asked the Commission to give
consideration to the drive lane request as a safety issue. From the second floor of the bank he has
observed problems with delivery trucks not being able to make the turn into Rosauers.
3:22:38 Barbara Stockwell, Public Comment
Ms. Stockwell spoke as the landscaper hired for the Gateway planned unit development. She
commended Ted Mitchell regarding making the project inviting, and is convinced Mr. Mitchell
will continue that trend of landscaping excellence in the Kohl's project.
3:23:30 Mary Nanea, Public Comment
Ms. Nanea spoke in favor of Kohl's being approved due to the quality of the store, the
affordability of the prices and the lack of purchasing choices available in Bozeman.
3:25:50 Matthew Payne, Public Comment
Mr. Payne spoke in favor of the Kohl's project mentioning tax and employment benefits.
3:27:47 Chris Nixon, Public Comment
Mr. Nixon of 719 North Wallace spoke regarding the need for trees in parking areas for cooling
and would like to see the appropriate trees added to the landscaping in the parking area for this
project.
3:31:12 Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment.
3:31:37 Mayor Krauss
Mayor Krauss provided the applicant with rebuttal time; the applicant had nothing to add.
3:31:51 Mayor Krauss
Mayor Krauss asked about a question raised during public comment regarding the lack of
residential plans.
3:32:07 Brian Krueger
Mr. Krueger spoke to the condition for residential on the planned unit development.
3:42:40 Public Hearing Closed
Mayor Krauss closed the public hearing and opened motion and vote.
3:43:03 Motion to approve the Kohl's Site Plan and Certificate of Appropriateness
application no. Z-10192 with the conditions and code provisions listed in the staff report.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the Kohl's Site Plan and
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Certificate of Appropriateness application no. Z-10192 with the conditions and code
provisions listed in the staff report.
3:43:48 Mayor Krauss
Mayor Krauss provided background on the Gateway planned unit development, speaking
regarding the significant improvements that were made by the developer to the intersections in
the area and the superior infrastructure. He considers the project as a whole. Mayor Krauss
offered his thoughts on how the site plan should be viewed within the context of the superior
planned unit development. Mayor Krauss also responded to the public comment that was
provided.
3:51:38 Rules suspended
Mayor Krauss suspended the rules of procedure for one hour to allow the meeting to continue
past ten p.m.
3:56:16 Cr. Taylor
Cr. Taylor spoke regarding his views on the theory of large stores. He also provided some details
regarding the process Kohl's application went through and the changes that were made by Kohl's
to comply with city of Bozeman standards. While there are still issues that need to be worked
out, Cr. Taylor feels they can be overcome.
4:04:32 Cr. Andrus
Cr. Andrus thanked those who have worked on this project and spoke regarding the large amount
of positive public comment received. Cr. Andrus said she looks at this project as whether or not
it fits into the sense of place here.
4:07:36 Cr. Mehl
Cr. Mehl spoke regarding whether this project is a good fit and does it exceed design standard
criteria.
4:08:59 Amendment to the main motion to eliminate condition of approval number two.
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion to eliminate
condition of approval number two.
4:09:26 Cr. Mehl
Cr. Mehl spoke to his amendment.
4:09:49 Vote on the amendment to the main motion to eliminate condition of approval
number two.
Those voting Aye being Crs.Mehl, Taylor, Andrus and Mayor Krauss.
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Those voting No being none.
The motion passed 4-0.
4:10:02 Amendment to the main motion to amend condition # 1 to read as follows: Kohl's
will submit a complete application to the U.S. Green Council and make a good faith effort
for LEED certification.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion to amend
condition # 1 to read as follows: Kohl's will submit a complete application to the U.S. Green
Council and make a good faith effort for LEED certification.
4:10:25 Cr. Taylor
Cr. Taylor explained his rationale for the amendment.
4:10:58 Mayor Krauss
Mayor Krauss spoke to this amendment.
4:14:05 Cr. Taylor
Cr. Taylor responded to a question from Cr. Mehl, saying he would be open to other LEED
certifications besides the US Green Council.
4:14:17 Vote on the amendment to the main motion to amend condition # 1 to read as
follows: Kohl's will submit a complete application to the U.S. Green Council and make a
good faith effort for LEED certification.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:14:32 Amendment to the main motion and Vote to amend condition three to say, Kohl's
will submit a complete application and make a good faith attempt for Energy Star
certification.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion by
amending condition three to say, Kohl's will submit a complete application and make a
good faith attempt for Energy Star certification.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:16:58 Amendment to the main motion and Vote to amend condition five to say, The
southernmost pedestrian crosswalk across the loading area access shall be removed from
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the final site plan. The plaza area and proposed curb walk within Open Space 7 shall be
relocated to the west side of the north/south trail. The loading area wall will be modified
with a masonry end cap as shown in the most recent elevations submitted by Kohl's on
September, 10, 2010.
It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the main motion to amend
condition five to say, The southernmost pedestrian crosswalk across the loading area access
shall be removed from the final site plan. The plaza area and proposed curbwalk within
Open Space 7 shall be relocated to the west side of the north/south trail. The loading area
wall will be modified with a masonry end cap as indicated by the most recent elevations
submitted by Kohl's on September, 10, 2010.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:18:17 Cr. Taylor
Cr. Taylor does not want to change condition number nine as the applicant gained from going
before the Design Review Board.
4:18:42 Amendment to the main motion changing condition nine to say, The final site plan
application shall return to the Design Review Board for consideration and
recommendation to the planning director prior to final site plan approval.
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the main motion changing
condition nine to say, The final site plan application shall return to the Design Review
Board for consideration and recommendation to the planning director prior to final site
plan approval.
4:19:19 Cr. Mehl
Cr. Mehl explained his rationale for the amendment to the motion.
4:20:04 Cr. Andrus
Cr. Andrus explained why she would support the amendment to the main motion.
4:20:20 Mayor Krauss
Mayor Krauss explained why he would be voting against the amendment to the main motion and
why he feels the application should not need to go back before the Design Review Board.
4:21:36 Cr. Mehl
Cr. Mehl continued discussion on the motion.
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4:22:56 Vote on the amendment to the main motion changing condition nine to say, The
final site plan application shall return to the Design Review Board for consideration and
recommendation to the planning director prior to final site plan approval.
Those voting Aye being Crs. Mehl, Taylor and Andrus.
Those voting No being Mayor Krauss.
The motion passed 3-1.
4:24:07 Amendment to the main motion to amend condition 22 to read as follows; There
shall be no tenant use of the building including public access; merchandise stocking; on site
employee interviews, training or orientations; prior to the issuance of a certificate of
occupancy for the building. Upon approval of the Building Division and Fire Department,
the city will allow the installation of racks, shelving and other display fixtures prior to
occupancy.
It was moved by Cr. Taylor, seconded by Cr. Mehl to amend condition 22 to read as
follows; There shall be no tenant use of the building including public access; merchandise
stocking; on site employee interviews, training or orientations; prior to the issuance of a
certificate of occupancy for the building. Upon approval of the Building Division and Fire
Department, the city will allow the installation of racks, shelving and other display fixtures
prior to occupancy.
4:24:49 Mayor Krauss
Mayor Krauss explained why he would like to see condition 22 removed.
4:26:18 Cr. Mehl
Cr. Mehl explained that he feels condition 22 is a safety issue.
4:27:12 Vote on the amendment to the main motion to amend condition 22 to read as
follows; There shall be no tenant use of the building including public access; merchandise
stocking; on site employee interviews, training or orientations; prior to the issuance of a
certificate of occupancy for the building. Upon approval of the Building Division and Fire
Department, the city will allow the installation of racks, shelving and other display fixtures
prior to occupancy.
Those voting Aye being Crs. Taylor, Mehl and Andrus.
Those voting No being Mayor Krauss.
The motion passed 3-1.
4:28:33 Cr. Andrus
Cr. Andrus sees no reason to change condition sixteen.
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4:28:47 Mayor Krauss
Mayor Krauss explained why he would support sixteen being removed, addressing the public
comment that was received regarding the need for delivery access to this road.
4:29:49 Vote on the main motion as amended to approve the Kohl's Site Plan and
Certificate of Appropriateness application no. Z-10192 with the conditions and code
provisions listed in the staff report with an amendment to eliminate condition of approval
number two and amend the main motion to amend condition # 1 to read as follows: Kohl's
will submit a complete application to the U.S. Green Council and make a good faith effort
for LEED certification, and an amendment to the main motion amending condition three to
say, Kohl's will submit a complete application and make a good faith attempt for Energy
Star certification to amend condition five to say, The southernmost pedestrian crosswalk
across the loading area access shall be removed from the final site plan. The plaza area and
proposed curbwalk within Open Space 7 shall be relocated to the west side of the
north/south trail. The loading area wall will be modified with a masonary end cap as shown
in the most recent elevations submitted by Kohl's on September, 10, 2010 to amend the
main motion changing condition nine to say, The final site plan application shall return to
the Design Review Board for consideration and recommendation to the planning director
prior to final site plan approval to amend condition 22 to read as follows; There shall be no
tenant use of the building including public access; merchandise stocking; on site employee
interviews, training or orientations; prior to the issuance of a certificate of occupancy for
the building. Upon approval of the Building Division and Fire Department, the city will
allow the installation of racks, shelving and other display fixtures prior to occupancy.
Those voting Aye being Crs. Andrus, Mehl and Taylor.
Those voting No being Mayor Krauss.
The motion passed 3-1.
4:30:07 3. Kohl’s Level of Service Zoning Variance No. C-10003 (Krueger/Murray)
4:30:33 Brian Krueger, Dept. of Planning and Community Involvement
Mr. Krueger presented the staff presentation.
4:34:10 Cr. Taylor
Cr. Taylor began questions for staff.
4:36:44 Cr. Taylor
Cr. Taylor confirmed with staff that the Capital Improvement Plan has an intention to improve
College from 19th to Main.
4:37:01 Cr. Taylor
Cr. Taylor confirmed that improving College from Main Street to 19th is included within the
Capital Improvements Plan.
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4:38:03 Mayor Krauss
Mayor Krauss confirmed that the failing movement in question is southbound on 23rd - which is
not coming from Kohl's.
4:38:31 Mayor Krauss
Mayor Krauss confirmed that College is an urban route.
4:39:22 Mayor Krauss
Mayor Krauss began questions regarding instances in the past that the Commission granted this
type of level of service variance and the reasoning behind the granting thereof.
4:40:49 Jim Ulman, Applicant
Mr. Ulman with Morrison-Maerle began the applicant presentation on this item. The traffic study
counts by the applicant were taken in May. He also provided information regarding changes to
adjacent roads since the Montana Dept. of Transportation study count that could have affected
the count. Mr. Ulman presented a chart regarding the level of service around the applicant site.
4:42:49 Rules suspended for another 20 minutes to 11:15.
4:47:25 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
4:47:32 Mayor Krauss
Mayor Krauss opened motion and vote - suggesting that if a Commissioner states the motion
they should also state the findings involved.
4:47:59 Motion to approve Kohl's Level of Service Zoning Variance No. C-10003 as per the
findings and review criteria in the staff memo.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Kohl's Level of Service
Zoning Variance No. C-10003 as per the findings and review criteria in the staff memo.
4:48:45 Cr. Mehl
Cr. Mehl explained his rationale for the motion saying the city has had a number of these
variance requests come up and suggested a unified development ordinance revision regarding
this issue.
4:48:58 Cr. Andrus
Cr. Andrus stated she agreed with Cr. Mehl and explained her position further.
4:49:16 Cr. Taylor
Cr. Taylor relayed his observations from the site in question.
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4:49:36 Cr. Taylor
Cr. Taylor agrees that the UDO should be examined.
4:51:23 Mayor Krauss
Mayor Krauss provided the findings of fact for the motion. Main points of the findings
were that he does not think the variance will be contrary to and it will serve the public
interest. Building Garfield and Fowler (by the developer) took a significant amount of
traffic off College and away from this intersection. He does not believe people coming or
going from Kohl's will be making this movement. He does think the variance is necessary
for the uniqueness of the property and is an unnecessary hardship to the applicant.
4:54:03 Vote to approve Kohl's Level of Service Zoning Variance No. C-10003 as per the
findings and review criteria in the staff memo with findings as listed by Mayor Krauss that
he does not think the variance will be contrary to and it will serve the public interest.
Building Garfield and Fowler (by the developer) took a significant amount of traffic off
College and away from this intersection. He does not believe people coming or going from
Kohl's will be making this movement. He does think the variance is necessary for the
uniqueness of the property and is an unnecessary hardship to the applicant. (Cr. Mehl
confirmed Mayor Krauss' findings as part of the motion instead of how the original motion
was stated with findings and review criteria in the staff memorandum.)
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
4:54:16 6. Resolution No. 4288, Annual Assessment of Business Improvement District
(BID) (Rosenberry)
4:54:26 Mr. Kukulski
Mr. Kukulski informed the Commission that staff on this item had been sent home due to the late
hour and the Commission could pass this item without a staff presentation, or move this item to
another date.
4:54:54 Mayor Krauss
Mayor Krauss chose to go forward with this item.
4:55:00 Public Comment
Seeing no public comment, Mayor Krauss closed public comment.
4:55:10 Cr. Mehl
Cr. Mehl confirmed with Mr. Kukulski that the assessment on this item is identical to previous
years.
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4:55:24 Motion and Vote to approve Resolution No. 4288, Annual Assessment for the
Business Improvement District (BID) for fiscal year 2011.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Resolution No. 4288,
Annual Assessment for the Business Improvement District (BID) for fiscal year 2011.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:55:49 I. FYI/Discussion
4:55:50 1. Erroneous letter regarding Tree Advisory Board appointment
Mayor Krauss asked for information as to why Mr. Halpin received an appointment letter when
he had in fact not been appointed by the Commission.
4:56:20 Aimee Kissel
Ms. Kissel explained that an error had been made in the City Clerk's office sending out an
appointment letter when in fact an appointment had not been made.
4:56:59 Cr. Mehl
Cr. Mehl explained that he had called and spoke with the applicant after learning of the
erroneous letter.
4:57:42 Mayor Krauss
Mayor Krauss continued discussion on this item asking for additional clarification.
4:59:40 Cr. Taylor
Cr. Taylor suggested that city staff write Mr. Halpin an apology letter and explain that there was
never a motion made and that the letter had been mailed by mistake.
5:00:02 Mr. Kukulski
Mr. Kukulski apologized on behalf of city staff and ensured the Commission an apology letter
would go out to Mr. Halpin shortly.
5:01:17 2. Impact Fee Public Comment
Mayor Krauss began a discussion regarding the public comment received from the Gallatin
Association of Realtors regarding impact fees.
5:01:25 Mayor Krauss
Mayor Krauss asked about the status of the money available in the settlement pool.
5:01:42Mr. Cooper
Mr. Cooper provided details regarding the unclaimed fund. The City sent a letter asking if the
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two parties could come to an agreement to use the funds for some type of rebate program or
something similar. Mr. Cooper has not heard back regarding that proposal.
5:04:43 Mr. Kukulski
Mr. Kukulski has been attempting to contact SWMBIA to try to work things out.
5:05:15 Cr. Taylor
Cr. Taylor said the current president of SWMBIA would like to resolve this issue before he
leaves office and Cr. Taylor has volunteered to help facilitate these discussions.
5:06:12 3. Steps for processing Commission packet materials that are submitted after
materials have been originally distributed.
Cr. Mehl spoke regarding steps he emailed to staff he would like to see implemented in these
situations.
5:09:30 4. Revisions to the Unified Development Ordinance (UDO)
Cr. Taylor requested that the UDO be examined regarding zoning variances such as the one
granted to Kohl's this evening.
5:10:26 Mr. Kukulski
Mr. Kukulski said this was consistent with the work plan - streamlining administrative approvals
for the engineer and planning director. He would like that UDO language loosened.
5:11:01 Mayor Krauss
Mayor Krauss spoke regarding having policy meetings when necessary from 5 to 7 p.m. before
the regular, Monday night meetings.
5:11:42 J. Adjourned
Mayor Krauss adjourned the meeting at 11:14 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
____________________________________
Aimee Kissel, Deputy City Clerk
Approved on _________________________
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