HomeMy WebLinkAboutE 8-28-06 draft minutesMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 28, 2006
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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, August 28, 2006, at 6:00 p.m. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debra
Arkell, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, City Treasurer
Laurae Clark, City Attorney Paul Luwe, Deputy City Clerk Stuart Bernard, and City Clerk Brit
Fontenot.
0:07:58 [17:55:33] A. Call to Order
0:08:06 [18:03:43] B. Pledge of Allegiance and Moment of Silence
0:14:09 [18:03:46] Changes to the Agenda
City Manager Chris Kukulski noted several changes to the agenda including:
1. Removal from the Consent agenda (E4) and postponement until September 11, the final
adoption of Ordinance 1670 for the Board of Adjustment Unified Development Ordinance Text
Amendment, #Z-06161 (Saunders). It should be revisited at the end of the meeting.
2. Public Hearing Item I6 - Mt. Baldy Minor Subdivision Zone Map Amendment, #Z-06178
(Saunders) should be moved to Public Hearing I1.
3. There is a spelling error in Public Hearing I8, Oak Springs should read “Oak Meadows”.
4. Item J1, Mendenhall/Willson parking discussion; no conclusive decision can be made at this
meeting to sell the property, may decide to bid, auction, or sell. An appraisal must be used to set
fair value, and a Public Hearing must be properly advertised and conducted.
Mayor Krauss added that the language in the motion and vote for Action Item J3 “Vote to break the
2-2 tie on motion to enact an Interim Zoning Ordinance in relation to Bridger View Mobile Home
Park” should read "Motion to direct staff to ‘bring back an interim zoning ordinance’”, because an
ordinance has not been submitted to the Commission.
0:16:05 [18:04:28] C. Public Service Announcement
Executive Assistant Karen Semerau reminded the public about the Gallatin Valley's Streamline bus
system.
0:17:12 [22:36:47] Approval of August 21, 2006 Linked Minutes
0:17:20 [18:04:38] Motion and Vote to approve the August 21, 2006 minutes as submitted.
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It was moved by Cr. Becker, seconded Cr. Rupp to approve the August 21, 2006 minutes as
submitted.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:17:39 [18:11:42] E. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign Lease Agreement between City of Bozeman and Hinesley
Family Limited Partnership No. 1 for Lot 2, Block 19, Laurel Glen Subdivision, Phase 2 (Arkell)
3. Adopt Resolution 3949 to authorize the expansion of the Parking Commission. (Rosenberry)
4. REMOVED FROM THE CONSENT AGENDA (see Changes to the Agenda above)
5. Approve Meadow Creek Park Master Plan (Skelton)
6. Adopt Resolution No. 3945 - Change Order No. 3 Hyalite Transmission Main Project (Stodola)
7. Adopt Resolution No. 3950 Bozeman Deaconess Health Services Sub-Area Plan (Sanford)
8. Approve Creekwood Park Master Plan (Windemaker)
0:17:43 [18:11:52] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:18:09 [18:13:15] Motion and Vote to approve consent items E1-3 and 5-8.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve consent items E1-E3 and
E5-E8.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0:18:25 [18:13:48] F. Public comment
Mayor Krauss called for public comment. This is the time for individuals to comment on matters
falling within the purview of the Bozeman City Commission. There will also be an opportunity in
conjunction with each agenda item for comments pertaining to that item. Please limit your
comments to 3 minutes.
0:18:56 [18:13:58] Public Comment - Bob Wade and Kathy Brown
Bob Wade and Kathy Brown reside at 407 Overbrook Drive notified the public that the Bozeman
Classic, Baghdad Edition, will take place on Saturday, September 2nd, 2006. Interested persons
can run simultaneously from Lindley Park beginning at 7 pm Friday, September 1, 2006.
0:21:41 [18:14:12] Public Comment - Joby Sabol on behalf of Linda Holland
Mr. Joby Sabol, on behalf of Linda Holland, briefed the Commission and requested that an interim
zoning ordinance not be passed until after the property closes.
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0:24:22 [18:14:32] Public Comment - David Losesff
David Losesff resides at 105 West Main Street and questioned when it would be appropriate to
comment on the Willson/Mendenhall parking lot issue.
0:25:46 [18:14:57] G. Special Presentation
0:25:52 [18:17:46] 1. Proposal of a new ice rink at the Gallatin County Fairgrounds (Hope)
Mr. Mike Hope and Ms. Angie Delaney presented plans for an ice rink at the Gallatin County
Fairgrounds.
0:55:15 [18:46:57] Mayor Krauss
Mayor Krauss and the Commission directed staff to return with a proposal addressing the timing of
any suggested payment and other ideas.
0:56:22 [18:50:40] Bob Fletcher
Mr. Fletcher is local business owner and supports a new ice rink at the Gallatin County
Fairgrounds.
0:59:11 [18:53:06] H. Action Item (public comment will be taken)
0:59:22 [18:54:24] 1. Mt. Baldy Minor Subdivision Annexation, #A-06007 (Saunders)
1:00:51 [18:55:06] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
1:10:30 [19:01:51] Applicant
Brian Bolen of C & H Engineering appeared for the applicant.
1:12:28 [19:07:21] Applicant Don Jackson spoke on his behalf.
1:13:40 [22:39:13] Public Comment
Mayor Krauss called for public comment.
1:13:53 [19:08:39] Public Comment - Michael Pratt
Michael Pratt resides at 865 Cape Avenue and spoke for Ethel Tice, Marilyn Collins and other
members of the Mt. Baldy Subdivision, and stated that should the Commission decide to annex lots
21 and 22 they do so under the current zoning and follow the procedure for changing the zoning
with a zone map amendment.
1:15:19 [19:08:59] Public Comment - Kathy Campbell
Kathy Campbell resides at 2205 Bridger Drive and opposes the annexation of lots 21 and 22 in Mt.
Baldy subdivision.
1:16:14 [19:09:36] Public Comment - Millie McAfee
Millie McAfee resides at 1321 Bridger Drive and owns other property on Bridger drive and
opposed the annexation of lots 21 and 22 in Mt. Baldy subdivision.
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1:18:18 [19:10:49] Public Comment - Rufus Cone
Rufus Cone resides at 1413 Bridger Drive opposes the annexation of lots 21 and 22 of Mt. Baldy
Subdivision and is concerned about changes to the character of the neighborhood if the property is
annexed.
1:19:47 [19:12:32] Public Comment - Clinton Cain
Clinton Cain resides at 2551 Magenta Road and opposes annexation because the Bozeman City
sewer plant lacks the capacity to accommodate more sewer.
1:21:03 [19:13:24] Public Comment - Marilyn Collins
Marilyn Collins resides at 1509 Bridger Drive and opposes the annexation of Lots 21 and 22 of the
Mt. Baldy subdivision.
1:23:07 [19:15:25] Applicant - responding to public comment
Brian Bolen of C & H Engineering responded to the public comment on behalf of the Applicant.
1:24:54 [19:17:04] Motion to approve Mt. Baldy Minor Subdivision Annexation, #A-06007, with
the conditions and terms [for annexation] outlined by staff .
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Mt. Baldy Minor
Subdivision Annexation, #A-06007, with the conditions and terms [for annexation] outlined
by staff:
1. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver
of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which
would provide a mechanism for the fair and equitable assessment of maintenance costs for
City parks as part of the Annexation Agreement.
2. That provisions for water rights or cash in-lieu of water rights be provided in an
amount determined by the Director of Public Service, prior to the City Commission adopting
the Resolution of Annexation and accepting the Annexation Agreement.
3. The land owners and their successors shall pay all fire and street impact fees for
existing development at time of annexation; water and sewer impact fees at the time of
connection; and for future development as required by Chapter 3.24, Bozeman Municipal
Code, or as amended at the time of application for any permit listed therein.
4. An Annexation Map, titled "Mt Baldy Lots 21&22 Annexation Map" with a legal
description of the property and any adjoining unannexed rights-of-way and/or street access
easements shall be submitted by the applicant for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½"
by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder,
and a digital copy for the City Engineer's Office. This map must be acceptable to the
Director of Public Services and City Engineer's Office, and shall be submitted with the signed
Annexation Agreement.
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5. That the applicant executes all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the annexation agreement, or
annexation approval shall be null and void.
6. The applicant will coordinate development of and extend future parks and trails with
parks and trails in adjacent development.
7. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
a) Street improvements including paving, curb/gutter, sidewalk and storm
drainage facilities for the following streets:
i)Bridger Drive
ii)Story Mill Road
b) Signalization Improvements for the following intersections:
i) Bridger Dr./Story Mill Rd.
ii) Bridger Dr./Griffin Dr./Rouse Avenue. The documents
filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to
participate in an alternate financing method for the completion
of said improvements on a fair share, proportionate basis as
determined by square footage of property, taxable valuation of
the property, traffic contribution from the development or a
combination thereof.
8. The owner shall provide a public street and utility easement for Bridger Drive. The
easement shall be 60 feet wide from the centerline which is half of the principal arterial
standard as shown in the Greater Bozeman Area Transportation Plan.
9. Upon annexation and availability of services, the existing structures shall either be
connected to municipal services.
1:32:35 [19:26:45] Vote on approval of Mt. Baldy Minor Subdivision Annexation, #A-06007,
with the conditions and terms [for annexation] outlined by staff (See conditions above)
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Mt. Baldy Minor
Subdivision Annexation, #A-06007, with the conditions and terms [for annexation] outlined by
staff ] (See conditions above).
Those voting Aye being none.
Those voting No being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
The motion failed.
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1:32:58 [19:27:04] Motion and Vote to table the Mt. Baldy Minor Subdivision Zone Map
Amendment indefinitely.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to table item I6, Mt. Baldy Minor
Subdivision Zone Map Amendment indefinitely.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting no being none.
The motion carried.
1:33:33 [19:27:22] Break
Mayor Krauss called for a 5 minute break.
1:44:21 [19:28:27] I. Public Hearings
1:44:23 [19:28:44] 1. Wastewater Treatment Plant Annexation, #A-06005, opened and continued
from August 21st (Saunders)
1:44:32 [19:30:16] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
1:50:30 [19:42:04] Public Comment
Mayor Krauss called for public comment.
1:50:45 [19:42:06] Public Comment - Clinton Cain
Clinton Cain resides at 2551 Magenta Road and opposes the WWTP annexation.
1:58:06 [19:48:25] Motion to approve the Wastewater Treatment Plant Annexation, #A-06005
and associated extensions of service plan as termed by staff.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Wastewater Treatment
Plant Annexation, #A-06005 and associated extensions of service plan as termed by staff:
1. An Annexation Map, titled "WWTP Annexation Map" with a legal description of the
property and adjoining unannexed rights-of-way and/or street access easements shall be
submitted by the applicant for use with the Annexation Agreement. The map must be
supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½" by 14"
exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a
digital copy for the City Engineer's Office. This map must be acceptable to the Director of
Public Services and City Engineer's Office, and shall be submitted with the signed
Annexation Agreement.
2:00:34 [19:53:57] Vote to approve the Wastewater Treatment Plant Annexation, #A-06005 and
associated extensions of service plan as termed by staff (see terms above)
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[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Wastewater Treatment
Plant Annexation, #A-06005 and associated extensions of service plan as termed by staff ] (see
terms above)
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:00:44 [19:54:12] 2. Wastewater Treatment Plant Zone Map Amendment, #Z-06173, opened and
continued from August 21st (Saunders)
2:01:02 [19:56:13] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
2:03:06 [19:57:26] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:03:19 [19:58:31] Motion and Vote to approve Zone Map Amendment, #Z-06173 [as
conditioned by staff], and direct preparation of [an] implementing ordinance.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Zone Map Amendment,
#Z-06173 [as conditioned by staff], and direct preparation of [an] implementing ordinance.
Conditions for Approval:
1. That the Ordinance of the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and void.
2. That the applicant submit a zone amendment map, titled "Mt Baldy Lots 21&22 Zone
Map Amendment", on a 24" by 36" mylar, 8 ½" by 11", or 8 ½" by 14" paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning
Map. Said map shall contain a metes and bounds legal description of the perimeter of the
subject property and zoning districts, total acreage of the property and any unannexed
adjoining rights-of-way and/or street access easements.
3. That the Ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description prepared by a licensed Montana
surveyor and map of the area to be rezoned, which will be utilized in the preparation of the
Ordinance to officially amend the zone map.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting no being none.
The motion carried.
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2:03:50 [19:58:58] 3. Delmue Residence Site Plan/Certificate of Appropriateness/Deviation(s),
#Z-06143 (Bristor)
2:04:03 [19:59:04] Staff Report
Associate Planner Allyson Bristor presented the staff report.
2:09:34 [20:02:10] Applicant
Rob Pertzborn, of Intrinsic Architecture, appeared for the applicant.
2:14:43 [20:07:14] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:15:07 [20:07:44] Motion and Vote to approve the Delmue Residence Site Plan/Certificate of
Appropriateness/Deviation(s), #Z-06143, as conditioned by planning staff.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Delmue Residence
Site Plan/Certificate of Appropriateness/Deviation(s), #Z-06143, as conditioned by planning
staff
Conditions of Approval:
1. Prior to Final Site Plan approval, the applicant shall submit a modified site plan and
modified elevations of the proposed house to the Department of Planning, which shows the
following:
a. Driveway length shortened to 11 feet rather than 12 feet;
b. No more than a 5-foot encroachment into the rear yard setback for the rear 2nd
story balcony;
c. Written clarification of proposed roofing material;
d. Detailed fence schematic and/or graphic for all proposed fences, which clearly notes
the materials;
e. Detailed window schematic and/or graphic for all proposed windows, which clearly
notes the materials of all window elements (sash, frame, glass, etc.);
f. Detailed steel schematic and/or graphic for all proposed steel porches, which clearly
notes the treatment and color of steel; and One of the following changes to the large
fixed window on the north elevation:
1) provide an exterior, non-metal casing/frame around the window that
attaches flat against the wall cladding or;
2) provide muntins to divide the large glass surface into smaller panes. All
modified materials shall be subject to final design review and approval by
Administrative Design Review Staff.
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2. The new construction shall include the hedge that is depicted along the north elevation of
the house.
3. A Boundary Survey Exhibit, which is certified by a Registered Land Surveyor in the
state of Montana, shall be provided with the Final Site Plan submittal. Property boundaries
shall be labeled on the exhibit, with bearings and distances that reflect those to be recorded
with the Amended Plat during the Subdivision Exemption application process.
4. Prior to Final Site Plan approval, the applicant shall provide a color palette and sample
materials board to the Department of Planning, for final design review and approval by
Administrative Design Review Staff.
5. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Department of Planning prior to
undertaking said modifications.
6. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types
used shall also be provided.
7. Sewer and water services shall be shown on the Final Site Plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by
the applicant. All trees must be at least ten (10) feet from any public utilities or service lines.
Public utilities and service lines shall be shown on the final landscaping plan.
8. A street cut permit shall be obtained for the water and sewer service connections to the
mains in East Peach Street and North Tracy Avenue.
9. A utility easement shall be provided on the lot with the existing residence for the sewer
service that passes through it to the lot for the proposed residence prior to approval of the
Final Site Plan.
10. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
11. The drive access opening shall not exceed 24 feet in width measured at the right-of-way
line unless a deviation is requested per Section 18.44.090 H of the Unified Development
Ordinance and is approved by the City Engineer.
12. Any cracked or broken portions of sidewalk along the street frontage shall be replaced.
13. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
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required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried.
2:16:04 [20:10:47] 4. Edgewood Townhomes Major Subdivision Preliminary Plat, #P-06041, open
and continue to November 6th (Skelton)
2:16:27 [20:10:54] Staff Report
Andy Epple presented the staff report.
2:24:06 [20:13:20] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:27:14 [20:17:23] Motion and Vote to continue to Nov. 6, 2006, #P-06041 [Edgewood
Townhomes Major Subdivision Preliminary Plat].
It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue to Nov. 6, 2006, #P-06041
[Edgewood Townhomes Major Subdivision Preliminary Plat].
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried.
2:27:49 [20:18:56] 5. Edgewood Townhomes Preliminary Planned Unit Development, #Z-06123,
open and continue to November 6th (Skelton)
2:27:58 [20:20:08] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:28:12 [20:22:39] Motion and Vote to continue to Nov. 6, #Z-06123 [Edgewood Townhomes
Preliminary Planned Unit Development].
It was moved by Cr. Becker, seconded by Cr. Rupp, to continue to Nov. 6, #Z-06123 [Edgewood
Townhomes Preliminary Planned Unit Development].
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:29:24 [20:23:09] 7. Resolution 3946 Creation of Special Improvement Lighting District 689
Legends at Bridger Creek Phases I-II (Shannon)
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2:30:57 [20:24:53] Break
Mayor Krauss called for a break.
2:39:48 [20:25:51] Mayor Krauss - Clarification on Item J3
Mayor Krauss clarified that during the motion and vote for Action Item J3 - Vote to break the 2-2
tie on a "Motion to direct staff to bring back an interim zoning ordinance, public comment has been
taken at the last meeting and will not be taken again.
2:41:00 [20:26:34] 7. Resolution 3946 Creation of Special Improvement Lighting District 689
Legends at Bridger Creek Phases I-II (Shannon)
2:41:05 [20:26:37] Staff Report
City Treasurer Laurae Clark presented the staff report.
2:43:16 [20:28:07] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:43:30 [20:28:14] Motion and Vote to adopt Resolution 3946 and SILD 689 [Creation of
Special Improvement Lighting District 689 Legends at Bridger Creek Phases I-II]
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt Resolution 3946 and SILD
689 [Creation of Special Improvement Lighting District 689 Legends at Bridger Creek Phases
I-II]
Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
2:44:21 [22:32:25] Mayor Krauss reminded the public that no public comment will be taken on
Item J3
2:44:46 [20:29:38] 8. Resolution 3947 Creation of Special Improvement Lighting District 693
Oak Springs Meadows (Shannon)
2:44:51 [20:38:41] Staff Report
City Treasurer Laurae Clark presented the staff report
2:46:14 [20:40:05] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:46:27 [20:41:02] Motion and Vote to approve Resolution 3947 Creation of Special
Improvement Lighting District 693 Oak Meadows.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution 3947
Creation of Special Improvement Lighting District 693 Oak Meadows.
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Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp and Mayor Krauss.
Those voting No being none.
Abstentions - Cr. Becker
The motion carried.
2:47:10 [20:41:06] 9. Resolution 3948 Creation of Special Improvement Lighting District 688
Valley West Phases I-III (Shannon)
2:47:24 [20:42:15] Staff Report
City Treasurer Laurae Clark presented the staff report.
2:49:51 [20:45:01] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:50:09 [20:45:14] Motion and Vote to approve Resolution 3948 Creation of Special
Improvement Lighting District 688 Valley West Phases I-III.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Resolution 3948 Creation
of Special Improvement Lighting District 688 Valley West Phases I-III.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried.
2:50:45 [20:45:23] J. Action Items (public comment will be taken)
2:50:50 [20:46:26] 1. Mendenhall/Wilson parking lot
2:51:01 [20:46:32] Staff Report
City Manager Chris Kukulski read his August 28, 2006 memo into the record.
3:08:39 [20:47:39] Public Comment - David Losesff
David Losesff resides at 105 West Main Street and owns the Baxter Hotel. He opposes selling the
Mendenhall/Willson parking lot because the lot is an important site for employees, customers and
neighbors.
3:12:14 [20:48:16] Public Comment - Brian Gallik
Brian Gallik - 35 North Grand Ave on behalf of Baxter Main LLC. Mr. Gallik's client opposes the
sale of the Mendenhall/Willson parking lot.
3:15:57 [20:49:00] Public Comment - Bob Fletcher
Mr. Fletcher owns the Cannery and other properties downtown and opposes the sale of the
Mendenhall/Willson parking lot.
3:17:54 [20:49:12] Public Comment - Chris Pope
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Chris Pope is the head of the Bozeman Parking Commission stated the Commission has fully
reviewed, in a public venue, the unsolicited buy/sell agreement. He stated that a project would
maintain or improve parking downtown.
3:21:41 [20:49:55] Public Comment - Ileana Indreland
Ileana Indreland resides at 921 South Third. Ms. Indreland serves as a member of BID Board. She
stated that a variety of small parking lots are needed in downtown. She opposes the sale of the
Mendenhall/Willson parking lot.
3:23:45 [20:49:56] Public Comment - Mike Hope
Mike Hope resides at 211 East Main. He is opposed to the sale of the Mendenhall/Willson parking
lot.
3:26:47 [20:50:08] Public Comment - Michael Delaney
Michael Delaney resides at 101 east main street. He is neither opposes to nor approves of the sale
of the Mendenhall/Willson parking lot but he is concerned with the ethics and transparency and
contamination in City government.
3:58:43 [21:43:28] Motion to authorize the City Manager to advertise for a public hearing to be
held on September 18th, 2006 to consider possibilities of the City's parking lot located on the
south-east corner of Willson and Mendenhall.
It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the City Manager to
advertise for a public hearing to be held on September 18th, 2006 to consider possibilities of
the City's parking lot located on the south-east corner of Willson and Mendenhall.
4:01:09 [22:33:12] Vote to authorize the City Manager to advertise for a public hearing to be held
on September 18th, 2006 to consider possibilities of the City's parking lot located on the south-
east corner of Willson and Mendenhall.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the City Manager to
advertise for a public hearing to be held on September 18th, 2006 to consider possibilities of
the City's parking lot located on the south-east corner of Willson and Mendenhall.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
4:03:06 [22:34:17] 2. Appoint members to the Community Alcohol Coalition. (Fontenot)
4:03:28 [22:35:35] Motion and Vote to appoint members to the Community Alcohol Coalition
It was moved by Cr. Rupp, seconded by Cr Kirchhoff, to re-appoint Donna LaRue (Law
Enforcement MSU) Jenna Caplette (Neighborhood Representative) and appoint Sheena Rice
(MSU-Bozeman Student) Stacie Taylor (Hospitality Representative) to the Community
Alcohol Coalition.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson and Becker.
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Those voting No being Mayor Krauss.
The motion carried.
4:05:06 [21:48:50] 3. Vote to break the 2-2 tie on motion to enact an Interim Zoning Ordinance
in relation to Bridger View Mobile Home Park (Epple)
4:05:30 [22:41:49] Re-reading of the August 21, 2006 motion - City Clerk
It was moved by Cr. Rupp, second by Cr. Jacobson, to direct staff to pursue option 2 [shown in the
August 21, 2006 Commission Memo, Interim Zoning Ordinance] and bring this back for the
Commission's consideration. Those voting Aye on August 21, 2006 being Crs. Rupp and Jacobson.
Those voting No on August 21, 2006 being Cr. Becker and Mayor Krauss. The vote tied 2-2.
4:05:51 [21:50:03] Vote – Cr. Kirchhoff
After reviewing the record, Cr Kirchhoff voted in favor of the following motion: It was
moved by Cr. Rupp, second by Cr. Jacobson, to direct staff to pursue option 2 [ Interim
Zoning Ordinance] and bring this back for the Commission's consideration.
Those voting Aye on August 21, 2006 being Crs. Rupp and Jacobson.
Those voting No on August 21, 2006 being Cr. Becker and Mayor Krauss.
The vote tied 2-2.
Those voting Aye on August 28, 2008 being Cr. Kirchhoff .
The motion carried.
4:06:39 [21:50:14] Clarification – Mr. Luwe
4:07:08 [21:51:11] K. Non-Action Items
4:07:25 [21:52:01] Mayor Krauss - Discussion on final adoption of Ordinance 1670, Board of
Adjustment (UDO Text Amendment)
4:12:39 [22:03:40] 1. Inventory of manufactured homes (Epple)
4:13:20 [22:04:14] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
4:31:09 [22:09:21] Mayor Krauss - suggested a Work Session on this topic
4:35:28 [22:11:19] 2. FYI/Discussion
4:35:30 [22:13:39] FYI - Mayor Krauss
4:37:49 [22:14:18] FYI - Commissioner Rupp
4:39:55 [22:17:20] FYI - Karen Semerau
4:40:21 [22:17:25] FYI - Mr. Kukulski
4:43:13 [ ] FYI - Commissioner Becker
4:43:22 [22:25:22] FYI - Ms. Arkell
4:44:19 [22:25:31] L. Adjournment
15
At 10: 25 p.m., Mayor Krauss adjourned the meeting.
____________________________________
Jeffrey Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________