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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 1, 2012
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, October 1, 2012. Present were Mayor Sean Becker, Commissioner Jeff
Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
City Attorney Greg Sullivan and Deputy City Clerk Aimee Brunckhorst.
0:00:09 A. Call to Order - 6 p.m. - Commission Room, City Hall, 121 North Rouse
0:00:56 B. Pledge of Allegiance and a Moment of Silence
0:00:57 C. Changes to the Agenda
Mayor Becker asked the City Manager if there were any changes to the agenda.
City Manager, Chris Kukulski responded there were no changes to the agenda.
0:01:02 D. Authorize Absence of Commissioner Andrus
0:01:16 Motion and Vote to approve the absence of Commissioner Andrus.
It was moved by Cr. Mehl, seconded by Cr. Krauss to approve the absence of Commissioner Andrus.
Those voting Aye being Crs. Mehl, Krauss, Taylor and Mayor Becker.
Those voting No being none. The motion passed 4-0.
0:01:32 F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Finally Adopt Ordinance No. 1842, authorizing City Manager to enter into a 2-
year space lease with MSU-Extended University for the lease of an office and classroom in the Alfred M. Stiff Professional Building at 20 East Olive (Goehrung)
0:01:35 Public Comment
Mayor Becker opened public comment on Consent. Seeing none, he closed public comment.
0:01:44 Motion and Vote to approve Consent items F. 1 and 2 as submitted.
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It was moved by Cr. Krauss, seconded by Cr. Taylor to approve Consent items F. 1 and 2 as submitted.
Those voting Aye being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being none. The motion passed 4-0.
0:01:57 G. Public Comment
Mayor Becker opened general public comment.
0:02:40 Christopher Spogis, Public Comment
Mr. Spogis of 614 North Tracy Avenue provided public comment regarding concerns about the ice climbing wall that is being proposed at the Fairgrounds. He spoke regarding the parking requirements for the city and the noise that this type of venue would create. He feels the cities
noise ordinance does not have any teeth. He asked that the city reconsider allowing concerts
within the city limits. Mr. Spogis then played rap music loudly in the commission room.
0:05:48 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment.
0:06:28 H. Action Items
0:06:32 1. Preliminary Site Plan and Certificate of Appropriateness with Deviations for
the Persons Creek House Renovation at 310 East Koch Street, Application Z-12216 (Quasi-
Judicial) (Brekke)
0:06:35 Allyson Brekke, Department of Planning and Community Development Ms. Brekke provided the staff presentation on this item.
0:12:39 The Commission began asking questions of staff.
0:20:02 Ben Lloyd, on behalf of Applicant Jackie Persons
Mr. Lloyd of Comma Q Architecture spoke on behalf of the applicant. He asked that the removal of all the parking in the front of the home be reconsidered asking that one space remain and
explained why. He also explained what the current plan is for the possible changes to Bozeman
Creek.
0:22:45 The Commission began questions for the applicant representative.
0:25:27 Public Comment Mayor Becker opened public comment on this item.
0:25:40 Karen Mitchell, Public Comment
Ms. Mitchell of 216 East Koch Street said she is unclear how far into the setback for the river
corridor this application would go into. Her concern is that there is not a final plan for changes to
the Bozeman Creek corridor and she would hate to see a large structure directly across the creek from the park. She also spoke regarding a foot bridge that had been proposed as part of the creek plan and would wonder how that would fit in with this application. She also spoke saying as a
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resident on the street, she feels the front parking space proposed by the applicant would be a
good use of space.
0:27:28 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
0:27:36 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for application Z-12216 and move to approve the Persons Creek House Renovation
Preliminary Site Plan and Certificate of Appropriateness with Deviations application with
the recommended conditions and subject to all applicable code provisions.
It was moved by Cr. Taylor, seconded by Cr. Mehl that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12216 and move to approve the
Persons Creek House Renovation Preliminary Site Plan and Certificate of Appropriateness
with Deviations application with the recommended conditions and subject to all applicable code provisions.
0:28:26 Discussion on the motion.
0:29:35 Amendment to the Main Motion to change condition #2 to read 'the site plan
drawing shall be revised to show a front drive way for one car only and shall be shown in
the final site plan application'.
It was moved by Cr. Mehl, seconded by Cr. Taylor to amend the Main Motion to change condition #2 to read 'the site plan drawing shall be revised to show a front drive way for one car only and shall be shown in the final site plan application'.
0:29:55 Discussion on the proposed amendment.
0:30:48 Vote on the amendment to the main motion to change condition #2 to read 'the site plan drawing shall be revised to show a front drive way for one car only and shall be shown in the final site plan application'.
Those voting Aye being Crs. Mehl, Taylor and Mayor Becker.
Those voting No being Cr. Krauss.
The amendment to the main motion passed 3-1 with Commissioner Krauss opposed.
0:31:01 Discussion on the main motion.
0:31:07 Commissioner Krauss explained why he does not support this deviation.
0:39:57 Vote on the motion as amended that having reviewed application materials,
considered public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application Z-12216 and move to approve the Persons Creek House Renovation Preliminary Site Plan and Certificate of Appropriateness with Deviations application with the recommended conditions and subject to all applicable code
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provisions with an amendment to change condition #2 to read 'the site plan drawing shall be revised to show a front driveway for one car only and shall be shown in the final site
plan application'.
Those voting Aye being Cr. Taylor, Mehl and Mayor Becker. Those voting No being Cr. Krauss. The motion passed 3-1 with Commissioner Krauss opposed.
0:40:35 2. Certificate of Appropriateness with Deviations from Groueff to allow
construction of a Garage/Studio in the rear yard of 615 North Black Avenue, Application
Z-12214 (Quasi-Judicial) (Thorpe)
0:40:37 Keri Thorpe, Department of Planning and Community Development
Ms. Thorpe provided the staff presentation on this item.
0:45:48 Graham Goff, on behalf of Applicant Paul Groueff
Mr. Goff from Goff Architecture said they have a concern with Condition #3, the consolidating
of one internal lot line. He said that just about every residence in Bozeman is in violation of this Ordinance, which incurs a lot of additional cost. He asked if there was another way to streamline the process of consolidating the lot lines.
0:46:45 Greg Sullivan, City Attorney
Mr. Sullivan said he has talked to Tim McHarg and they are looking into this alternatives as they
recognize the aggregation process takes a significant amount of money. This stems from a building code requirement.
0:47:38 The Commission began asking questions of the applicant.
0:48:36 Public Comment
Mayor Becker opened public comment on this item.
Seeing none, he closed public comment.
0:48:48 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for application Z-12214 and move to approve the Groueff Certificate of Appropriateness with
Deviations with the recommended conditions and subject to all applicable code provisions.
It was moved by Cr. Mehl, seconded by Cr. Krauss that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12214 and move to approve the Groueff Certificate of Appropriateness with Deviations with the recommended conditions
and subject to all applicable code provisions.
0:49:09 Discussion on the motion.
0:50:57 Vote on the motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12214 and move to approve the Groueff Certificate of
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Appropriateness with Deviations with the recommended conditions and subject to all applicable code provisions.
Those voting Aye being Crs. Mehl, Krauss, Taylor and Mayor Becker. Those voting No being none. The motion passed 4-0.
0:51:41 3. Annexation of 10 acres located at the SE corner of the intersection of Huffine
Lane and S. Cottonwood Road, Application A-12006 (Saunders)
0:51:54 Chris Saunders, Department of Planning and Community Development Mr. Saunders provided the staff presentation on this item.
0:57:50 The Commission began questions for staff.
0:59:34 Chris Budeski, representing Applicant Cresent Cross
Mr. Budeski with Madison Engineering presented on behalf of the applicant.
1:01:36 Public Comment Mayor Becker opened public comment on this item.
1:01:41 Dewin Madill, Public Comment
Mr. Madill of 1200 Mount Ellis Lane, spoke representing the developer of the Loyal Garden
subdivision, providing a brief historical background. Mr. Madill said that when they started the
related project they hired TD&H to do engineering and design. Through that process they realized they would need a lift station and to run a force main line about a mile East on Huffine
to intersect with Yellowstone Avenue. Sometime during that process, the city required that they
oversize it for some adjacent parcels, one of which is the subject application before the
Commission tonight. At the completion of construction, they had Susan Swimley craft language
for a sewer payment district. He asked that the City Commission consider that payback for this parcel and include it in this application process.
1:04:54 Public Comment Closed
Seeing no further public comment, Mayor Becker closed public comment.
1:05:01 Motion discussion and vote.
1:05:11 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A-12006 and move to approve the annexation with conditions and subject to all applicable code provisions and direct the preparation of the required annexation
agreement.
It was moved by Cr. Krauss, seconded by Cr. Taylor that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A-12006 and move to approve the annexation with conditions and subject to all applicable code provisions and direct the
preparation of the required annexation agreement.
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1:05:59 Discussion on the Motion.
1:06:37 Commissioner Krauss, approved by Commissioner Taylor added a friendly
amendment to his motion saying, Additional term of annexation public street of utility
easement Friendly amendment a public street and utility easement or a public road dedication providing for 60 feet of the right of way on the east side of the section line shall be provided for Cottonwood Road which is one half of the principal arterial standard for the current Bozeman Transportation Plan.
1:07:10 Discussion on the motion.
1:08:00 Vote on the motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application A-12006 and move to approve the annexation with conditions and subject to all applicable code provisions and direct the preparation of the required
annexation agreement and a public street and utility easement or a public road dedication
providing for 60 feet of the right of way on the east side of the section line shall be provided for Cottonwood Road which is one half of the principal arterial standard for the current Bozeman Transportation Plan.
Those voting Aye being Crs. Krauss, Taylor, Mehl and Mayor Becker.
Those voting No being none. The motion passed 4-0.
1:09:06 4. Initial Zoning in conjunction with Annexation of 10 acres located at the SE
corner of the intersection of Huffine Lane and S. Cottonwood Road to be designated B-2
(Community Business District), Application Z-12200 (Saunders)
1:09:08 Chris Saunders, Department of Planning and Community Development Mr. Saunders presented the staff report.
1:10:03 The Commission had no questions for staff.
1:10:05 Chris Budeski, representing the Applicant, Cresent Cross
Mr. Budeski of Madison Engineering said they proposed B-2 Zoning because it fits well in this
area of all commercial properties.
1:10:34 Public Comment
Mayor Becker opened public comment. No person commented. Mayor Becker closed public
comment.
1:10:45 Motion, Discussion and Vote.
1:10:51 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12200 and move to approve the initial zoning with contingencies as outlined
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in the staff report and direct the preparation of the required implementing ordinance after return of an annexation agreement.
It was moved by Cr. Taylor, seconded by Cr. Mehl that having reviewed application
materials, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12200 and move to approve the initial zoning with contingencies as outlined in the staff report and direct the preparation of the required implementing ordinance after return of an annexation agreement.
1:11:22 Discussion on the motion.
1:16:49 Vote on the motion that having reviewed application materials, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12200 and move to approve the initial zoning with contingencies as outlined in the staff report and direct the preparation of the required implementing ordinance after return of an
annexation agreement.
Those voting Aye being Taylor, Mehl, Krauss and Mayor Becker. Those voting No being none. The motion passed 4-0.
1:17:00 I. FYI/Discussion
1:17:04 1. 2012 Legislative Resolution from the Montana League of Cities and Towns
City Manager Chris Kukulski spoke regarding materials sent out prior to the upcoming Montana League of Cities and Towns conference relating to upcoming legislation items.
1:19:33 Discussion on the legislative resolution.
1:20:25 2. Concern from Mr. Delaney
Mr. Kukulski referred to an email he is drafting to Mr. Delaney saying this issue is much more
complex than an issue of 60 or 62 feet. He said the city feels there is a real concern regarding traffic safety. Mr. Kukulski referred to efforts he plans to make to bring together Delaney's staff and city staff to come up with a superior design that will hopefully work for all. If not, there is an
appeals process Mr. Delaney can go through.
1:22:04 Discussion regarding the Delaney concern.
1:24:28 3. Color Palette Discussion Mayor Becker said it may be time to have staff look into the need for a color palette requirement based on Cr. Mehl's questioning of this requirement on most applications.
1:25:43 Discussion on the color palette issue.
1:27:09 J. Adjournment
Mayor Becker adjourned the meeting at 7:30 p.m.
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____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________ Aimee Brunckhorst, Deputy City Clerk Approved on ___________________________
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