HomeMy WebLinkAbout10-02-06LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 2, 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, October 2, 2006, at 6:00 PM. Present were Mayor
Jeff Krauss, Commissioner Sean Becker, Commissioner Kaaren Jacobson, Commissioner Steve
Kirchhoff, Commissioner Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna
Rosenberry, Director of Public Works Debbie Arkell, Planning Director Andy Epple, City Attorney
Paul Luwe, and City Clerk Brit Fontenot.
0:10:53 [17:05:16] A. Executive Session - Litigation
Mayor Krauss called the Executive Session to order at 5:00 PM. He found that that an open
meeting would have a detrimental effect on the litigating position of the City and therefore declared
this portion of the meeting closed pursuant to MCA section 2-3-203 (4) to discuss litigation
strategy.
0:19:29 [17:05:42] B. Call to Order
0:19:30 [18:13:26] C. Pledge of Allegiance and Moment of Silence
0:20:15 [16:54:09] Changes to the agenda
City Manager Chris Kukulski noted the following changes to the agenda:
Consent item F2, Approve Kagy Gardens Annexation, #A-06008 (Kozub), was moved from
Consent to Action Item H1b at the request of Commissioner Rupp.
0:20:51 [18:21:51] D. Public Service Announcement
Cindy Christin of the Bozeman Public Library informed the Commission and the public about the
book brigade at 2 PM on Sunday, Oct. 8, 2006. Grand opening of the new Bozeman Public Library
is scheduled for Sunday, Nov. 12, 2006.
0:22:59 [18:21:52] E. Minutes - September 18 and September 25, 2006
0:22:59 [22:00:43] Motion and Vote to Approve the Linked Minutes for September 18 and
September 25, 2006.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the [Linked] Minutes for
September 18 and September 25, 2006 as submitted.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
0:23:22 [18:22:37] F. Consent
1. Authorize payment of claims (LaMeres)
2. Consent Item F2 was removed.
3. Adopt Resolution 3958, vacating a portion of Old Highland Blvd (Kerr)
4. Adopt Resolution 3959, vacating Block 51, Northern Pacific Addition (Kerr)
5. Adopt Resolution 3966 Durston Road Change Order No. 1 (Stodola)
6. Authorize City Manager to sign contract with American Medical Response (Winn)
7. Approve Durston Road 7th to 19th Project Change Order No. 1 (Murray)
8. Adopt Resolution 3967, Resolution of Intent to amend the land use designation (Skelton)
9. Approve request a one year extension for preliminary plat approval of Alder Creek Subdivision
(Skelton)
0:23:25 [18:23:17] G. Public comment
Mayor Krauss called for public comment.
No person commented.
0:23:43 [22:01:19] Motion and Vote to approve Consent items F1 and F3 - F9.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items F1 and F3 - F9.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0:23:58 [22:04:00] Public Comment
Mayor Krauss called for public comment and stated that this was the time for individuals to
comment on matters falling within the purview of the Bozeman City Commission. He noted that
there will also be an opportunity in conjunction with each agenda item for comments pertaining to
that item.
0:24:16 [18:25:25] Public Comment - Harry Kirshenbaum
Harry Kirshenbaum resides at 141 Choteau in Bozeman. Mr. Kirshenbaum is a Stoneridge Area
business owner whose business has suffered due to extensive road construction in the area.
0:27:35 [18:25:52] Public Comment - Deb Stover
Deb Stover resides at 395 North Valley Drive. Ms. Stover stated that she made queries at the
Holiday gas station concerning the loss of business due to road construction in the area. She
requested help from the city and noted that the Northwest Neighborhood Network needs
advertising dollars to notify citizens that businesses in the area are open.
0:30:18 [18:25:53] Public Comment - Dennis Kidder
Dennis Kidder resides at 890 Hidden Valley. He voiced his anguish over Bridger View Trailer
Park issue.
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0:34:19 [18:26:48] Mayor Krauss requested a periodic update on the status of the Durston Road
construction.
0:35:07 [18:32:45] H. Public Hearings
0:35:11 [18:37:13] 1. Genesis Business Park Growth Policy Amendment, #P-06035 (Skelton)
0:35:41 [18:37:21] Staff Report
Senior Planner Dave Skelton presented the staff report.
0:40:52 [18:37:49] Questions for staff
0:41:05 [18:37:50] Applicant
Chris Budeski of Madison Engineering and Greg Gianforte of 1320 Manley Road appeared for the
applicant.
0:55:16 [18:56:09] Public Comment
Mayor Krauss called for public comment.
No person commented.
0:57:06 [18:58:18] Motion and Vote to approve the application for a Growth Policy Amendment
to the Future Land Use Map of the [Bozeman] 2020 [Community] Plan, [Planning File No. P-
06035], with the terms and contingencies recommended in Planning Resolution [P-06035] for
the Genesis Business Park.
Contingencies:
1. The applicant shall submit, within thirty (30) days of approval by the City Commission,
an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Genesis Business Park Growth Policy
Amendment” to the Planning Department containing an accurate description of the
property for which the growth policy designation is being amended. The exhibit must be
acceptable to the Planning Department.
2. The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be redesignated, which will be utilized in the
preparation of the resolution to officially amend the Future Land Use Map of the
Bozeman 2020 Community Plan.
It was moved by Kirchhoff, seconded by Cr. Jacobson, to approve the application for a
Growth Policy Amendment to the Future Land Use Map of the [Bozeman] 2020 [Community]
Plan, [Planning File No. P-06035], with the terms and contingencies recommended in
Planning Resolution [P-06035] for the Genesis Business Park (see contingencies above).
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
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The motion carried.
1:10:03 [19:07:37] 1b. Kagy Gardens Annexation, #A-06008 (Kozub)
ITEM F2 WAS MOVED FROM THE CONSENT AGENDA
1:10:21 [19:08:05] Staff report
Associate Planner Suzy Kozub presented the staff report.
1:12:23 [19:13:32] Applicant
The applicant, Jerry Smania, appeared on his own behalf and on behalf of the additional property
owners.
1:23:50 [19:24:34] Public Comment
Mayor Krauss called for public comment.
1:24:05 [19:24:44] Public Comment - Doris Heckerman
Doris Heckerman, no address given, owns property north of the proposed annexation. She objects
to annexation and, if annexation passes, the Zone Map Amendment.
1:27:44 [19:25:35] Public Comment - Magdalena Bowen
Magdalena Bowen, no address given, represents all property owners on the Southside of the
proposed annexation. She, and those she represents, oppose the annexation.
1:31:20 [19:27:27] Applicant rebuttal
Jerry Smania, as the owner of the property, offered rebuttal to the public comment speaking in
opposition of the annexation.
1:34:15 [19:31:32] Motion to approve Kagy Gardens Annexation, #A-06008.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Kagy Gardens Annexation,
#A-06008 [with terms outlined by staff]
Terms of Annexation:
1. Prior to annexation, boundary determinations shall be prepared for any wetlands
on the property to be annexed in accordance with Section 18.56.050 “Wetlands
Mapping.”
2. The owner shall record with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs to be filed with the Annexation
Agreement for the following:
a) A City-wide Parks Maintenance District
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the said improvements on a fair share,
proportionate basis such as square footage, taxable valuation of the property
traffic contribution from the development or a combination thereof.
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3. The applicants should be made aware that at the time of any further development
on the properties, the land owners and their successors shall pay all additional
impact fees required by Chapter 3.24, Bozeman Municipal Code.
4. Water rights, or cash in-lieu thereof, shall be paid to the City prior to City
acceptance of the annexation agreement.
5. The applicant will coordinate development of and extend future parks, open space,
and trails with adjacent and planned parks and trails.
6. The Final Annexation Map and legal metes and bounds descriptions shall include
the full width of all adjacent rights-of-way. Note that the metes and bounds
descriptions for adjacent rights-of-way must be described separately from that of
the parcel. The applicant is responsible for obtaining any required affidavits or
signatures from the Montana Department of Transportation (MDT) and/or
Gallatin County.
7. The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman
Planning & Community Development Department within 60 days of receipt of the
annexation agreement, or the annexation approval shall be null and void.
8. The applicants shall submit an annexation map, titled “Kagy Gardens
Annexation,” with a legal description of the property shall be submitted by the
applicant for use with the Annexation Agreement. The map must show the
existing public utilities (water, sewer, roadways and storm drainage),
improvements on the property, adjacent developments (subdivision name, block
and lots), rights-of-way, and public easements within and adjacent to the property.
The map must be supplied on a: 1.) 18" by 24" mylar for City records; (2.) a
reduced 8 ½" x 11" or 14" exhibit for filing with the Annexation Agreement at
the County Clerk & Recorder; and 3.) 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.
9. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers
of Right to Protest Creation of SIDs for the following:
a. Street improvements including but not limited to paving, curb/gutter, sidewalk and
storm drainage facilities for the following streets:
i. Kagy Blvd.
ii. Sourdough Rd. / S. Church Ave.
b. Signalization improvements for the following intersections:
i. Sourdough Rd. / Kagy Blvd.
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ii. Kagy Blvd. / Highland Blvd.
iii. Kagy Blvd. / S. Willson--S. 3rd Aves.
The documents filed shall specify that in the event an SID 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.
10. The owner shall provide a public street and utility easement for Kagy Blvd. The easement
shall be 60 feet wide from the centerline of the road, which is one-half of the principal
arterial standard as shown in the Greater Bozeman Area Transportation Plan.
1:54:24 [19:51:16] Vote to approve Kagy Gardens Annexation, #A-06008.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Kagy Gardens
Annexation, #A-06008 with (terms outlined by staff), see terms of annexation above.]
Those voting Aye being Crs. Becker, Kirchhoff and Mayor Krauss.
Those voting No being Crs. Jacobson and Rupp.
The motion carried.
1:55:48 [19:54:30] 2. Kagy Gardens Zone Map Amendment, #Z-06191 (Kozub)
1:56:07 [19:56:35] Staff Report
Associate Planner Suzy Kozub presented the staff report.
1:59:06 [19:57:52] Applicant
Mr. Jerry Smania, property owner, appeared on his and the other property owners behalf.
2:06:05 [20:00:27] Public Comment
Mayor Krauss called for public comment.
2:06:16 [20:02:54] Public comment - William Locke
William Locke resides at 2119 Sourdough and owns property adjacent to the subject property. He
does believe the property should be developed but at the R-1 level only.
2:08:52 [20:03:03] Public Comment - Magdalena Bowen
Magdalena Bowen, no address given. She opposes the Zone Map Amendment.
2:10:29 [20:08:41] Public Comment - Tom Clark
Tom Clark owns the subject property. He supports the Zone Map Amendment and suggests the
property can be enhanced with R2 zoning.
2:13:28 [20:08:51] Public Comment - Doris Eckerman
Doris Eckerman objects to the infill of multi-housing. She does not agree that the subject property
is in the middle of the city.
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2:15:32 [20:10:00] Applicant rebuttal
Tom Clark, as applicant rebutted the public comment opposed to the Zone Map Amendment.
2:32:01 [20:21:56] Motion and Vote to approve Zone Map Amendment Application # Z-06191
for an initial municipal zoning designation of R-S with contingencies outlined by staff.
Contingencies:
1. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and a map of the area to
be re-zoned, which will be utilized in the preparation of the ordinance to officially
amend the City of Bozeman Zoning Map.
2. That the ordinance for the Zone Map Amendment shall not be adopted until the
Resolution of Annexation is completed and adopted by the City Commission. If
the annexation is not approved, the application shall be void.
3. That the applicant submit a zone amendment map, titled “Kagy Gardens Zone
Map Amendment,” on: 1.) a 24” x 36” mylar; 2.) an 8 ½” by 11”, or 8 ½” by 14”
paper exhibit; and 3.) a digital copy of the area to be zoned, acceptable to the
Planning Office, 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,
description of the boundaries of each specific zoning designation, total acreage of
the property, acreage of each specific zoning designation, and adjoining rights-of-
way and/or street access easements.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Zone Map Amendment
Application # Z-06191 for an initial municipal zoning designation of R-S with contingencies
outlined by staff (see contingencies above).
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
2:33:15 [20:22:48] Break
Mayor Krauss called for a 10 minute break.
2:51:00 [20:22:59] I. Action Items
2:51:02 [20:24:27] 1. Appointments to the Recreation and Parks Advisory Board (2
appointments) (Fontenot)
2:51:21 [20:24:34] Motion and Vote to appoint representatives to the Parks and Recreation
Board.
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It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to appoint Elisabeth Davis and Adam
Fruh as student representatives to the Parks and Recreation Board.
Those voting Aye being Cr. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
2:52:03 [20:26:43] 2. Potential Sale of the City owned "Lower Yards" parcel for a Mobile
Home Park (Kukulski)
2:52:13 [20:32:51] Staff Report
City Manager Chris Kukulski presented the staff report.
2:55:39 [20:34:06] Brian Caldwell on behalf of Stockyard, LLC.
Brian Caldwell resides at 733 South Tracy and appeared on behalf of Stockyard, LLC.
3:07:16 [20:57:18] Public Comment
Mayor Krauss called for public comment.
3:07:28 [20:57:37] Public Comment - Kate Reid
Kate Reid resides in 212 Quiet Water Way, Manhattan. She asked when the City started selling
property without putting it out for competitive bid? She suggested that the Commission turn down
the Stockyard, LLC proposal.
3:10:35 [20:57:47] Public Comment - Connie Garrett
Connie Garrett resides at 401 N. Plum and spoke out against the sale of the lower yards to the
Stockyard, LLC. She suggested that the proposal is a band-aid solution, not a long-term affordable
housing solution. She suggested the City accept other proposals.
3:47:40 [21:39:44] Motion and Vote to find that the 20 year time period proposed by the applicant
is acceptable.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to find that the 20 year time
period proposed by the applicant for the eight (8) acres is acceptable.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried.
3:48:19 [21:44:38] 4. Goal Setting for 2007 and Beyond (Kukulski)
3:48:28 [21:44:55] This agenda item was rescheduled to a later meeting.
3:49:05 [21:46:59] 1. FYI/Discussion
3:49:08 [21:49:33] FYI - Commissioner Rupp
Commissioner Rupp updated staff and the Commission on the review and proposal of the City
Manager's contract.
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3:50:27 [21:50:48] FYI - Commissioner Becker
Commissioner Becker noted that some Commissioners and staff will be participating in the League
of Cities Conference in West Yellowstone. Additionally, he questioned the number of
Commissioners attending the Dan Burdin conference. He mentioned the Bozeman Public Library
Book Brigade.
3:52:00 [21:51:57] FYI - Mr. Kukulski
Mr. Kukulski mentioned Dan Burdin's "Walkable Communities" presentation.
3:53:51 [21:52:03] Mayor Krauss - suspension of the Rules of Procedure
Mayor Krauss suspended the Rules of Procedure to allow the meeting to continue past 10:00 PM
3:53:55 [21:53:19] FYI - Mayor Krauss
Mayor Krauss noted that he will be on a Mayor's Panel at the New West conference.
3:54:29 [21:52:39] K. Adjournment
Mayor Krauss adjourned the meeting at 10:05 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
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