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HomeMy WebLinkAbout10-16-06LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 16, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, October 16, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:03:54 [18:10:18] A. Call to Order 0:04:05 [18:10:19] B. Pledge of Allegiance and Moment of Silence 0:04:44 [18:11:01] Changes to the agenda Mayor Krauss inquired about changes to the agenda. City Manager Chris Kukulski stated that there were no changes to the agenda. 0:04:50 [18:11:16] C. Public Service Announcement(s) Mr. Kukulski introduced the public service announcements. 0:05:15 [18:11:25] PSA - 911 Mil Levy (LaChapelle) Deputy Police Chief Mark LaChapelle updated the Commission and the public about the 911 Mil Levy. 0:08:47 PSA - Durston Road Construction Project Update (Hixson) City Engineer Rick Hixson updated the Commission and the public on the Durston Road construction project. 0:12:25 PSA - Bridger View Trailer Court (Oulman) Neighborhood Coordinator Tracy Oulman informed the Commission and the public about the scheduled Bridger View Trailer Court resident meetings. 0:13:44 [18:20:16] Authorize the absence of Commissioner Rupp 0:13:51 Motion and Vote to authorize the absence of Cr. Rupp It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to authorize the absence of Cr. Rupp. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:14:10 [18:20:42] E. Minutes - July 17, October 2 and October 9, 2006 0:14:16 [18:20:45] Motion and Vote to approve the minutes of July 17, October 2 and October 9, 2006 It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the minutes of July 17, October 2 and October 9, 2006. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:14:30 [18:21:06] F. Consent 1. Authorize payment of claims (LaMeres) 2. Award Library re-roof bid to Sickler Roofing (Goehrung) 3. Approve the Monthly Building Report for September, 2006 - Building Inspection Division (Poulsen) 4. Adopt Resolution 3968, Resolution of Intent to Create SILD # 696 Laurel Glen Subdivision Phase II (Shannon) 5. Approve West Winds Subdivision, Phases 2A and 2B, Final Plat (Cooper) 6. Approve Stone Ridge Square Subdivision, Final Plat (Cooper) 0:14:39 [18:21:16] Public Comment Mayor Krauss called for public comment. No person commented. 0:14:58 [18:21:32] Motion and Vote to approve Consent items F1 - F6 as listed above. It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve consent items F1 - F6 listed above. Those voting Aye being, Crs. Jacobson, Becker, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:15:20 [18:21:55] G. Public Comment Mayor Krauss called for Public Comment. This was 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. 0:15:45 [18:21:57] Public Comment - Lowell Springer Lowell Springer resides at 3207 Augusta Drive, representing Stoneridge Development, thanked the Commission for approving the final plat for the Stone Ridge Square Subdivision. 0:16:56 [18:23:23] Public Comment - Eileen Kirshenbaum Eileen Kirshenbaum resides at 141 North Choteau Avenue in Bozeman and is a local business owner impacted by the Durston Road Construction projects. 0:19:14 [18:25:36] Public Comment - Dennis Kidder Dennis Kidder resides at 890 Hidden Valley came to the Commission as an entrepreneur. To date, he has received little to no support for his company and stated that the end of business Wednesday is the deadline imposed by his investment banks. 0:23:24 [18:30:07] H. Mayoral Proclamation - Business and Professional Women’s Week Mayor Krauss read aloud the Proclamation of Business and Professional Women’s Week: PROCLAMATION NATIONAL BUSINESS WOMEN'S WEEK * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS, working women constitute 66 million of the nations workforce and strive to serve their communities, their states and their nation in professional, civic and cultural capacities; WHEREAS, women-owned businesses account for 28 percent of all U.S. business, generating $1.15 trillion in sales; WHEREAS, the major goals of Business and Professional Women/USA are to promote equality for all women and to help create better conditions for working women through the study of social, educational, economic and political problems, all of us are proud of their leadership in these many fields of endeavor; WHEREAS, for 77 years Business and Professional Women/USA has been spotlighting the achievements and contributions of working women during National Business Women's Week; WHEREAS, the Bozeman Business and Professional Women's Local Organization is proud to support all working women in the Gallatin Valley; THEREFORE, I, Jeff Krauss, Mayor of the City of Bozeman, Montana, by the authority vested in me, do hereby proclaim October 15th through October 21st, NATIONAL BUSINESS WOMEN'S WEEK. This event is sponsored by Business and Professional Women/USA. I urge all Citizens, educational associations and community organizations of Bozeman, Montana, as well as the news media, to join in on this salute to working women. ____________SIGNED______________ Jeff Krauss, Mayor, City of Bozeman, MT 0:24:57 [18:31:41] I. Action Items 0:24:59 [18:31:42] 1. Story Mill/ Parks Property Annexation, Part 46 (Saunders) 0:25:20 [18:31:48] Staff Report Assistant Planning Director Chris Saunders presented the staff report. 0:30:50 [18:37:18] Applicant Corey Ravniss of Hyalite Engineers located at 2066 Stadium Drive, Bozeman appeared for the applicant. 0:33:16 [18:40:10] Public Comment Mayor Krauss called for public comment. No person commented. 0:33:37 [18:40:35] Motion and Vote to approve the Parks/Story Mill Annexation, #A-06011 It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the Parks/Story Mill annexation, #A-06011[and direct staff to prepare an annexation agreement for signature by Blue Sky Development and to prepare a provision of services plan for the portion owned by the City.] Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:34:04 [18:41:06] J. Public Hearings 0:34:11 [18:41:07] 1. Story Mill/Parks Property Zone Map Amendment, #Z-06203 (Saunders) 0:34:34 [18:41:20] Staff Report Assistant Planning Director Chris Saunders presented the staff report. 0:43:11 [18:49:58] Applicant Corey Ravniss of Hyalite Engineers located at 2066 Stadium Drive, Bozeman appeared for the applicant. 0:45:21 [18:52:34] Public Comment Mayor Krauss called for public comment. No person commented. 0:45:42 [18:52:54] Motion and Vote to approve the initial zoning of R-2 and R-4 with contingencies recommended by the Zoning Commission and Staff. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, the initial zoning of R-2 and R-4 with contingencies recommended by the Zoning Commission and Staff [see contingencies below]. CONTINGENCIES FOR ZONE MAP AMENDMENT: 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, any approval of a zone map amendment shall be null and void. 2. That the applicant submit a zone amendment map, titled "Parks/Story Mill 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 adjoining rights-of-way and/or street access easements (i.e., Bridger Canyon Dr., Story Mill Rd. and Hillside Ln). 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. 4. The R-4 zoning appears too intense for the eastern edge of the annexation. A lower intensity zoning, R-2, shall be applied for the depth of a lot along the eastern edge of Tract 5, COS 2547. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:46:17 [18:53:38] 2. Wierda Minor Subdivision, #P-06049 (Sanford) 0:46:54 [18:53:51] Staff Report Planning Director Andy Epple presented the staff report. 0:48:18 [18:55:26] Applicant Ty Traxler of C & H engineering appeared for the applicant. 0:48:38 [18:55:54] Public Comment Mayor Krauss called for public comment. No person commented. 0:48:59 [18:56:04] Motion and Vote to conditionally approve the Wierda Minor Subdivision, #P-06049. It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve [conditionally] the Wierda Minor Subdivision, #P-06049, [based on the Planning Board's recommendations and suggested conditions of approval listed on Page 2 of Planning Board Resolution # P-06049 (see conditions below).] Conditions of Approval: 1. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. New water and sewer services must be provided to Lot 4B or financially guaranteed prior to final plat approval. Service locations must be approved by the Water/Sewer Superintendent and a street cut permit obtained prior to construction. Building permits will not be issued for developments on either lot until the new service lines have been installed and accepted. 3. A utility easement shall be provided along the common lot line for the existing water service line. 4. A property access deviation must be accepted prior to final plat approval if access requirements of Section 18.44.090, UDO are not satisfied. The access deviation shall be provided in accordance with Section 18.44.090.H, UDO and approved by the City Engineer. 5. All existing and proposed easements (including adjacent right-of-way) shall be depicted upon the preliminary plat. 6. Existing and proposed water and sewer service lines shall be accurately depicted upon the preliminary plat. 7. The 1-foot no access strip shown on the final plat of Cattail Creek Subdivision, Phases 2A and 2B must be shown on the final plat. Those voting Aye being Crs. Jacobson, Becker, Kirchhoff and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:49:16 [18:56:47] 3. Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209, open and continue to Nov. 6, 2006 (Kozub) 0:49:35 [18:56:52] Staff Report Associate Planner Susan Kozub presented the staff report. 0:50:04 [18:57:23] Public Comment Mayor Krauss called for public comment. No person commented. 0:50:12 [18:57:36] Motion and Vote to continue the Buffalo Wild Wings Conditional Use Permit/Certificate of Appropriateness, #Z-06209 hearing to Nov. 6, 2006. It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to open and continue the Conditional Use Permit/Certificate of Appropriateness hearing for Buffalo Wild Wings, #Z-06209 to Nov. 6, 2006. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 0:51:04 [18:58:21] 4. Lincoln Park Condos Site Plan, #Z-06193 (Kozub) 0:51:14 [18:58:27] Staff Report Associate Planner Susan Kozub presented the staff report 0:57:45 [19:05:07] Applicant Catherine Koenen of Gaston Engineering appeared for the applicant. 1:07:22 [19:15:00] Public Comment Mayor Krauss called for public comment. 1:07:40 [19:15:18] Public Comment - Joanne Wilke Joanne Wilke resides at 1665 Alder Court and spoke for the homeowners on Alder Court and Maple Lane. She generally supports development in Lincoln Park but with acceptable parameters. 1:10:43 [19:18:20] Public Comment - Mary Price Mary price resides at 1615 alder court. She has seen improvements over the last several years and considers the neighborhood good mix and is not opposed to development in general. Her major concern with the proposed development is congestion. 1:14:18 [19:22:04] Public Comment - Don Price Don Price resides at 1615 Alder Court and opposes the project, it represents too much clutter. 1:15:19 [19:22:59] Public Comment - Bratton Dubose Bratton Dubose resides at Alder Court and opposes the project and concerned about the proposed development. 1:18:31 [19:26:35] Public Comment - Stacy Jackson Stacy Jackson resides at 1523 Alder Court and opposes the thru street and the traffic and safety issues this project would bring. 1:22:08 [19:30:00] Public Comment - Brian Hamer Brian Hamer is a property owner directly across from the proposed project. He noted that change is inevitable and should to be controlled. He lamented the loss of farmland and the need for affordable housing in Bozeman. 1:24:31 [19:32:35] Applicant rebuttal Applicant Jeremy Shay appeared on his own behalf and spoke in support of the project. 2:04:47 [20:13:37] Motion and Vote to table the Lincoln Park Condos Site Plan, #Z- 06193 until Nov. 6, 2006. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to table the Lincoln Park Condos Site Plan, #Z-06193 for three weeks [until Nov. 6, 2006]. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being None. Those absent being Cr. Rupp. The motion carried. 2:05:13 [20:14:30] Break Mayor Krauss called for a break. 2:22:39 [20:31:46] K. Action Items (Continued) 2:22:50 [20:32:01] 1. Process proposal for Mendenhall/Willson parking lot (Kukulski) 2:22:52 [20:32:09] Staff Report City Manager Chris Kukulski presented the staff report. 2:51:30 [21:01:17] Public Comment - David Losesff David Losesff resides in Bozeman and is the owner of the Baxter Hotel. He requested that the Commission reconsider selling the Mendenhall/Willson parking lot. 2:55:05 [21:04:52] Public Comment - Chris Pope Chris Pope resides at 1508 S. Willson and is the Chairman of the parking Commission. He thanked the City Manager for support and offered support of the Parking Commission to the City Manager. 2:58:35 [21:08:15] Motion adopt the process proposal for Mendenhall/Willson parking lot. It was moved by Cr. Jacobson to adopt the process proposal for Mendenhall/Willson parking lot with the additional information in Item 9 that more explicitly spells out the goals and objectives of the City's adopted plans for the downtown area. Motion died for lack of a second. 3:06:32 Motion to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot. It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot and in reference to No. 9 [of the Commission memo] that [the Commission] more explicitly delineate the goals and objectives of the City's adopted plans for the downtown area. 3:07:44 [22:18:37] Vote to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot. [It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot and in reference to No. 9 [of the Commission memo] that [the Commission] more explicitly delineate the goals and objectives of the City's adopted plans for the downtown are.] Those voting Aye being Crs. Jacobson and Kirchhoff. Those voting No being Cr. Becker and Mayor Krauss. Those absent being Cr. Rupp. The vote tied 2 - 2. 3:08:18 Amendment of prior Motion It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to amend the prior motion: [It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot and in reference to No. 9 [of the Commission memo] that [the Commission] more explicitly delineate the goals and objectives of the City's adopted plans for the downtown area.] to include that the [parking] status quo must be exceeded. Vote on amended motion. [It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to amend the prior motion: [It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, to approve the process proposal for the [southeast corner] Mendenhall/Willson parking lot and in reference to No. 9 [of the Commission memo] that [the Commission] more explicitly delineate the goals and objectives of the City's adopted plans for the downtown area.] to include that the [parking] status quo must be exceeded.] Those voting Aye being Crs. Becker, Kirchhoff and Jacobson. Those voting No being Mayor Krauss. Those absent being Cr. Rupp. The motion carried. 3:08:39 [21:14:35] 2. Affordable Housing Task Force request for extension of time (Kukulski) 3:08:55 [21:16:21] Staff Report Assistant City Manager Ron Brey presented the staff report. 3:14:50 [21:19:26] Public Comment Mayor Krauss called for public comment. No person commented. 3:15:04 [21:19:28] Motion to provide the Affordable Housing Task Force an extension of time. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to give the [Affordable Housing] Task Force more time. 3:17:09 Vote to provide the Affordable Housing Task Force an extension of time. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to give the [Affordable Housing] Task Force more time.] Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 3:17:27 [21:25:18] 3. Appointments to the Historic Preservation Board (Fontenot) 3:18:38 Appointments delayed for one week to October 23, 2006. 3:18:42 [21:25:46] 4. Appointment to the Parking Commission (Fontenot) 3:20:53 [21:26:58] Mayoral Appointment to the Parking Commission Mayor Krauss appointed Lisa Danzl-Scott for a two year term to the Parking Commission. 3:21:21 L. Non-Action Items 3:21:26 [21:27:45] 1. Goal Setting for 2007 and Beyond, continued from October 2 and 9, 2006 (Kukulski) 3:21:40 [21:28:38] Staff report Mr. Kukulski presented the staff report and it was determined that this issue would be revisited at the October 30, 2006 work session. 3:29:07 [21:33:36] M. FYI/Discussion 3:29:11 [21:34:52] Mayor Krauss Mayor Krauss reminded the Commission that they have a retreat on October 19, 2006 at the Gallatin River Lodge. 3:30:24 [21:35:02] Mr. Kukulski Mr. Kukulski reminded the Commission that October 23 Commission meeting will be held at City Hall and will begin at 5:00 PM with an Executive Session. He also reminded the Commission of the Joint City-County meeting beginning at 7:00 AM on October 20 in the Community Room of the Gallatin County Courthouse. Mr. Kukulski updated the Commission on a meeting with the Kirshenbaum’s regarding the construction on Durston Road. 3:38:16 [21:36:10] Commissioner Becker Commissioner Becker noted that small business grants are available and may assist the Kirshenbaums, also he suggested Mr. Kidder contact him. He mentioned the Congress of Cities meeting on November 9, 2006 in Reno, Nevada. Finally, he audited ornamental traffic signals in the East and suggested the City pursue this type of improvement. 3:41:11 [21:39:20] Public Works Director Debbie Arkell Public Works Director Debbie Arkell provided the Commission with a lower yards utilization update. She circulated a memo with the details. 3:45:32 [21:39:44] Mr. Epple He noted that the schedule for the final round of UDO edits has been determined. The Planning board proposed a Dec 5th and 19 hearings and Jan 15th and 22 hearings for the Commission. 3:50:58 [22:11:42] Mayor Krauss - suspension of the Rules of Procedure Mayor Krauss suspended the rules for 10 minutes. 3:51:05 [21:40:59] Commissioner Jacobson Commissioner Jacobson requested permission to attend the Town Gown seminar in Clemson South Carolina. She requested that a discussion of the Big Box fund be placed on the agenda. 4:07:54 [22:08:17] Mayor Krauss Mayor Krauss discussed traffic and road closures near Fowler Road. Mayor Krauss suggested a differentiated crosswalk at the crossing at 25th Street. Mayor Krauss suggested working at intersections during delays in other projects. He noted that he attended MSU Tomorrow. Mayor Krauss suggested considering two-way traffic on certain one-way streets in Bozeman. 4:12:09 [22:09:06] N. Adjournment Mayor Krauss adjourned the meeting at 10:10 PM. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: _____________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ____________________.