HomeMy WebLinkAbout10-23-06LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 23, 2006
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The Commission of the City of Bozeman met in the City Commission Meeting Room,
City Hall, 411 East Main Street, on Monday, October 23, 2006, at 5:00 p.m. Present
were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Steve Kirchhoff, Cr. Jeff Rupp, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Public Works Director
Debbie Arkell, Assistant Planning Director Chris Saunders, City Attorney Paul Luwe,
and City Clerk Brit Fontenot.
0:10:08 [17:05:20] A. Executive Session - Litigation - 5:00 PM
Mayor Krauss found 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.
0:21:27 [18:06:49] B. Regular Session - Call to Order
0:21:33 [18:06:50] C. Pledge of Allegiance and Moment of Silence
0:22:11 [18:07:35] Changes to the agenda
Mayor Krauss asked about changes to the agenda. City Manager Chris Kukulski noted
an error in the FYI section and clarified that the Joint City-County meeting notice was
erroneously included on this agenda.
0:22:42 [18:07:39] D. Authorize the absence of Commissioner Jacobson
0:22:43 [21:31:21] Motion and Vote to authorize the absence of Commissioner
Jacobson
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to authorize the absence of
Commissioner Jacobson.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp and Mayor Krauss
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
0:23:09 [18:08:06] E. Minutes - September 15, 2006 (Joint City-County Commission
Meeting)
0:23:16 Motion and Vote to approve the minutes of September 15, 2006 (Joint City-
County Commission Meeting)
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of
September 15, 2006 (Joint City-County Commission Meeting).
Those voting Aye being Crs. Becker, Rupp, Kirchhoff and mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
0:23:33 [18:08:53] F. Consent
1. Authorize payment of Claims (LaMeres)
2. Authorize City Manager to sign School Resource Officer Agreement
(Tymrak)
3. Authorize City Manager to Sign Memorandum of Understanding between
MDT, City of Bozeman, and Montana Avenue Partners, LLC., for
intersection improvements to Rouse Avenue and Oak Street. (Arkell)
4. Authorize City Manager to Sign Utility and Public Access Easements for
Baxter Springs Condos (Johnson)
5. Authorize City Manager to Sign Utility and Public Access Easements for
Pallisades Condos (Johnson)
6. Authorize City Manager to Sign Grade Crossing Signals Tri-Party
Agreement with Montana Rail Link, Inc. and Montana Department of
Transportation. (Arkell)
7. Authorize Baxter Square Preliminary Plat approval, Extension (Sanford)
8. Adopt Resolution 3969 Bridger Creek Growth Policy Amendment
(Sanford)
9. Adopt Resolution 3971 updating the Commission Rules of Procedure
(Luwe)
10. Authorize City Manager to Sign Legends at Bridger Creek II Annexation
Agreement (Cooper)
11. Adopt Resolution 3970 Legends at Bridger Creek II Annexation (Cooper)
12. Provisionally Adopt Ordinance 1676 Legends at Bridger Creek II Zone
Map Amendment (Cooper)
13. Finally Adopt Ordinance 1674 Bozeman Gateway Subdivision Zone Map
Amendment, #Z-05269 (Bernard)
14. Finally Adopt Ordinance 1675 Laurel Glen Subdivision, Phase II Zone
Map Amendment, #Z-04236 (Bernard)
15. Approve Bozeman Gateway Subdivision PUD Phase I Final Plat (Cooper)
0:23:37 [18:09:00] Public Comment
Mayor Krauss Called for public comment.
No person commented.
0:23:50 [18:09:01] Motion and Vote to approve Consent items 1 - 8 and 10 - 15
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items
F1- F8 and F10 - F15. [Item 9, Adopt Resolution 3971 updating the Commission
Rules of Procedure (Luwe), was removed.]
Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
0:32:43 [18:17:02] 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 was also
an opportunity in conjunction with each agenda item for comments pertaining to that
item. Comments were limited to 3 minutes.
0:33:13 [18:18:11] Public Comment - Matt Colon
Matt Colon resides at 602 West Story Street. He has concerns about the recent
improvements to Soroptomist Park and requested an update on the installation of the Ten
Commandments. He is opposed to religious messaging in public spaces unless all
inclusive.
0:35:29 [18:18:44] Public Comment - Michael Dean
Michael Dean resides at 617 North Willson. He addressed issue of affordable housing.
He noted that expectations and consumptive appetites make housing unaffordable.
0:39:23 [18:20:47] Public Comment - Doug McSpadden
Doug McSpadden resides at 4100 Pasha Lane and voiced support for the North 7th
corridor plan.
0:40:17 [18:24:58] Public Comment - Matt Stash
Matt Stash resides at 516 North Wallace and opposes the installation of the 10
Commandments in Soroptomist Park.
0:41:27 [18:25:54] City Manager Chris Kukulski updated the Commission and the
public on the landscaping at Soroptomist Park.
0:52:12 [18:35:33] H. Action Items
0:52:15 [18:38:09] 1. Appoint members to Library Board of Trustees (Fontenot)
0:52:46 [18:38:11] Motion and Vote to appoint a member to Library Board of
Trustees
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to appoint Jacqueline
McGuire to the Library Board of Trustees for a term of 5 years.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp and Mayor Krauss.
Those voting No being none.
Those being absent Cr. Jacobson.
The motion carried.
0:53:16 [18:38:31] 2. Appoint members to the Historical Preservation Board (Bernard),
continued from October 16.
0:53:32 [18:39:12] Motion and Vote to appoint members to the Historical
Preservation Board
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to reappoint: EJ Engler (At-
Large) 2 Yr Term, Mark Hufstetler (Professional) 2 Yr Term, Bonnie Martin
(Historic District) 2 Yr Term, Blake Maxwell (Professional) 2 Yr Term, Maire
O'Neill (Professional) 2 Yr Term, Dede Taylor (Historic District) 2 Yr Term.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
0:55:57 [18:41:02] 3. North 7th Design and Connectivity Plan (Brey)
0:56:12 [18:42:07] Staff Report/Introduction
Ron Brey briefed the Commission on the background of the North 7th connectivity plan.
1:06:05 [18:42:10] Mr. Ralph Johnson
Mr. Ralph Johnson of Winter and Company presented the North 7th Connectivity Plan.
1:19:35 [18:48:19] Public Comment
Mayor Krauss called for public comment.
1:19:50 [18:51:53] Public Comment - Jon Henderson
Jon Henderson resides at 411 South 10th Street and is a member of the Bozeman Area
Bicycle Advisory Board. He complimented the efforts of all those involved with the
plan. He suggested that a continuation of bike lane striping to Springhill Road and
offered continued Bozeman Area Bicycle Advisory Board support.
1:22:11 [19:05:54] Public Comment - Lucien Hand
Lucien Hand resides at 434 South Black and owns property at 718 N. Tracy. He
appreciates the efforts by staff and supports efforts to improve cycling lanes and
pedestrian lanes along N. 7th. Additionally he encourages efforts to improve safety for
cyclists and pedestrians.
1:25:11 [19:06:02] Public Comment- Jeff Ball
Jeff Ball resides at 323 South Wallace and is a member of the Bozeman Area Bicycle
Advisory Board. He thanked those for supporting and noted that the Bike Board would
like to work with furthering the transportation plan.
1:26:00 [19:06:17] Public Comment - Kathy Kastakis
Kathy Kastakis resides at 408 Bonner Lane and supports the N. 7th connectivity plan.
1:27:22 [19:08:41] Public Comment - Michelle Wolf
Michelle Wolf resides at 205 N. 8th and owns property at 805 West Lamme and supports
the N. 7th connectivity plan. She expressed thanks to Ron Brey and Winter and
Company.
1:39:41 [19:21:40] Ron Brey suggested supporting the adoption of the plan with the
continuation of the bike lane at least to the end of the jurisdiction area and recommend to
the Montana Dept. of Transportation that the bike lane be continued to Springhill Road
and direct staff and the consultants to correct typographical and legend errors in the plan,
including a) striping the shoulder in Area C as a bike lane thus continuing the proposed
bike lane from Main Street to Springhill Road and revising the street lane widths in Area
C to include two twelve-foot lanes instead of the proposed eleven and fourteen foot lanes,
as recommended by the Bozeman Area Bicycle Advisory Board.
1:40:05 [19:22:38] Motion supporting the adoption of the North 7th Connectivity
Plan
It was moved by Cr. Becker to support the adoption of the plan with the
continuation of the bike lane at least to the end of the jurisdiction area and
recommend to the Montana Dept. of Transportation that the bike lane be continued
to Springhill Road and direct staff and the consultants to correct typographical and
legend errors in the plan.
1:40:42 Restated Motion supporting the adoption of the North 7th Connectivity Plan
It was moved by Cr. Becker, seconded by Cr. Rupp, to support the adoption of the
plan with the continuation of the bike lane at least to the end of the jurisdiction area
and recommend to the Montana Dept. of Transportation that the bike lane be
continued to Springhill Road and direct staff and the consultants to correct
typographical and legend errors in the plan] including a) striping the shoulder in
Area C as a bike lane thus continuing the proposed bike lane from Main Street to
Springhill Road and revising the street lane widths in Area C to include two twelve-
foot lanes [as recommended by the Bozeman Area Bicycle Advisory Board in the
October 20, 2006 memo].
1:43:53 [19:29:02] Amended Motion supporting the adoption of the North 7th
Connectivity Plan
It was moved by Cr. Becker, seconded by Cr. Rupp, to support the adoption of the
plan with the continuation of the bike lane at least to the end of the jurisdiction area
and recommend to the Montana Dept. of Transportation that the bike lane be
continued to Springhill Road and direct staff and the consultants to correct
typographical and legend errors in the plan including a) striping the shoulder in
Area C as a bike lane thus continuing the proposed bike lane from Main Street to
Springhill Road and b) revising the street lane widths in Area C to include two
twelve-foot lanes as recommended by the Bozeman Area Bicycle Advisory Board in
the October 20, 2006 memo and working with the public transit provider.
1:47:30 [19:30:36] Vote to approve the N. 7th Design and Connectivity Plan
[It was moved by Cr. Becker, seconded by Cr. Rupp, to support the adoption of the
plan with the continuation of the bike lane at least to the end of the jurisdiction area
and recommend to the Montana Dept. of Transportation that the bike lane be
continued to Springhill Road and direct staff and the consultants to correct
typographical and legend errors in the plan including a) striping the shoulder in
Area C as a bike lane thus continuing the proposed bike lane from Main Street to
Springhill Road and b) revising the street lane widths in Area C to include two
twelve-foot lanes as recommended by the Bozeman Area Bicycle Advisory Board in
the October 20, 2006 memo and working with the public transit provider.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
1:48:09 [19:30:52] Break
Mayor Krauss called for a break.
2:03:36 [19:32:16] 4. Village Downtown Minor Subdivision, #P-06050 (Sanford) -
PUBLIC HEARING
2:03:43 [19:34:32] Staff Report
Assistant Planning Director Chris Saunders presented the staff report
2:06:10 [19:35:10] Applicant
Mr. Michael Delaney appeared on behalf of the applicant.
Mayor Krauss directed Staff to meet with Mr. Delaney on the issue of comments made
various e-mails.
2:22:06 [20:05:43] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:22:33 [20:05:50] Motion and Vote to conditionally approve the Village Downtown
Minor Subdivision
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to conditionally approve
the Village Downtown Minor Subdivision with conditions listed on page 2 of
Planning Board Resolution [#P-06050] 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. Any existing water service stubs that are not utilized shall be abandoned at the
main.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
2:23:01 [20:07:08] 5. Reid/Jackson Mixed Use Conditional Use Permit, #Z-06223
(Krueger) - PUBLIC HEARING
2:23:37 [20:07:24] Staff Report
Associate Planner Brian Krueger presented the staff report.
2:28:34 [20:08:06] Applicant
E.J. Engler, representing Angie Jackson and Sherry Reid, appeared for the applicant.
2:30:05 [20:08:46] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:30:34 [20:09:12] Motion to approve the Reid/Jackson Mixed Use, #Z- 06223
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Reid/Jackson
Mixed Use, #Z- 06223 [CUP/COA application with deviations] as conditioned by
Planning Staff (see conditions below):
Conditions of approval:
1. The applicant shall provide a fence detail that includes a semitransparent design
consistent with Chapter 3.F of the Design guidelines for the Neighborhood
Conservation Overlay. The fence detail shall be approved by ADR staff prior to
final site plan approval.
2. The applicant shall provide a four foot high fence or architectural screen along
the rear east property line in order to screen the parking from the adjacent
residential property. The screen/fence shall be approved by ADR staff prior to final
site plan approval.
3. All site lighting, existing and proposed shall be consistent with Section 18. 42.150
of the U.D.O.
4. A color palette and material sample board shall be provided for review and
approval of ADR staff prior to Final Site Plan approval.
5. The applicant is advised that any newly constructed establishments responsible
for food preparation shall install an outside two-compartment grease interceptor.
Interceptor design and installation is subject to City of Bozeman Building
Department approval. In accordance with Municipal Code, the applicant is further
advised that on-site maintenance records and interceptor service shall be
maintained on a regular basis and made available to the City upon request.
6. The existing paving in the alley adjoining the northern property line shall be
extended to the eastern boundary of the project site.
7. The existing approach at the southwest corner of the project site shall be
abandoned by removing the drop curb and sidewalk section and replacing with full-
height curb and sidewalk. Cracked, spalling, heaving or otherwise damaged
sidewalk panels shall also be replaced. A City Curb Cut and Sidewalk Permit shall
be obtained prior to construction.
2:31:20 [20:10:03] Vote to approve the Reid/Jackson Mixed Use, #Z- 06223
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Reid/Jackson
Mixed Use, #Z- 06223 [CUP/COA application with deviations] as conditioned by
Planning Staff (see conditions above):
Those voting Aye being Crs. Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
2:31:33 [20:10:59] 6. Echoes at Wild Joes Conditional Use Permit, #Z-06213 (Sanford) -
PUBLIC HEARING
2:32:07 [20:11:21] Staff Report
Assistant Planning Director Chris Saunders presented the staff report.
2:34:08 [20:16:27] Applicant
Lynn Grossfield residing at 3000 Villard Street, Helena, MT appeared for the Applicant.
2:36:39 [20:18:02] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:37:00 [20:18:18] Motion and Vote to approve the application Echoes at Wild Joes
Conditional Use Permit, #Z-06213
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the application
[Echoes at Wild Joes Conditional Use Permit, #Z-06213] with the conditions listed
on pages 6 - 7 of the Staff Report (see conditions below).
Conditions of approval:
1. A copy of the State Revenue Department liquor license for this establishment
shall be submitted to the Department of Planning & Community Development prior
to the sale of alcoholic beverages.
2. The applicant shall obtain a City of Liquor License and provide the Department
of Planning &Community Development with a copy of the license prior to the sale of
alcoholic beverages.
3. If any catering with alcoholic beverages occurs, the applicant shall obtain a
catering endorsement from the Department of Revenue, Liquor Division, as well as
a City catering license, for each catered event.
4. A City business license shall be obtained for Echo’s at Wild Joes, and a copy of
the issued license shall be submitted with the final site plan.
5. The floor area devoted to restaurant and retail uses at Wild Joes cannot expand
in a way that would require more than 36.4 parking spaces without purchasing
additional parking spaces through the downtown parking SID.
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 FSP and approved by the
Water/Sewer Superintendent.
8. The applicant is advised that any establishments responsible for food preparation
shall install an outside two-compartment grease interceptor. Interceptor design and
installation is subject to City of Bozeman Building Department approval. In
accordance with Municipal Code, the applicant is further advised that on-site
maintenance records and interceptor service shall be maintained on a regular basis
and made available to the City upon request.
Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
2:37:48 [20:18:52] 7. Oak Meadows Condos Site Plan/Certificate of
Appropriateness/Deviations (Krueger) - PUBLIC HEARING
2:38:47 [20:19:18] Staff Report
Associate Planner Brian Krueger presented the staff report.
2:45:54 [20:19:36] Applicant
James Nicholson with Morrison-Maierle appeared for the applicant.
2:46:20 [20:19:39] Public Comment
Mayor Krauss called for public comment.
No person commented.
2:51:59 [20:34:08] Motion to conditionally approve Oak Street Meadows Condos
Site Plan/Certificate of Appropriateness/Deviations
It was moved by Cr. Kirchhoff to conditionally approve Oak Street Meadows
Condos Site Plan/Certificate of Appropriateness/Deviations as conditioned by
Planning Staff including the most recent one [a corrected condition that was
requested by City Engineering] referenced by [Planner] Brian [Krueger].
2:52:17 [20:34:40] Mayor Krauss noted a delay in the proceedings.
2:57:11 [20:36:15] City Attorney Paul Luwe suggested Cr. Kirchhoff's motion be
seconded and the vote held in abeyance.
Cr. Becker seconded Cr. Kirchhoff’s motion to conditionally approve Oak Street
Meadows Condos Site Plan/Certificate of Appropriateness/Deviations as
conditioned by Planning Staff including the most recent one [a corrected condition
that was requested by City Engineering] referenced by [Planner] Brian [Krueger].
Mayor Krauss stated that the vote would be held in abeyance until after FYI.
2:57:28 [20:37:17] I. FYI/Discussion
2:57:43 [21:22:56] FYI - Mr. Kukulski
Mr. Kukulski introduced the first FYI discussion topic, "Providing perpetual affordable
housing alternatives for the City's Lower Yards parcel". This FYI would be presented by
Connie Garrett.
2:59:06 [20:40:24] FYI - City Clerk - Senior Citizen Advisory Board Update
Mr. Fontenot updated the Commission on the status of the Senior Citizen's Advisory
Board.
3:00:16 [21:22:40] FYI - Commissioner Rupp
Commissioner Rupp updated the Commission on discussions held between he and Mr.
Tom Scanlin of the Senior Citizen's Advisory Board.
3:01:14 [20:40:57] Sally Fishman
Sally Fishman expressed her interest in participating on Senior Citizen's Advisory Board.
3:09:13 [20:44:17] Tom Scanlin
Tom Scanlin discussed his role as the sole Board member of the Senior Citizen's
Advisory Board.
3:12:40 [20:49:03] Mayor Krauss
Mayor Krauss suggested that this issue be placed on a future agenda.
3:13:59 [20:51:20] FYI - City Clerk
Mr. Fontenot sought input concerning the change to the style of agenda. Additionally he
noted that digital packets are available in lieu of paper packets.
3:18:13 [21:00:02] Associate Planner Brian Krueger requested a two week extension for
Oak Meadows Condos Site Plan/Certificate of Appropriateness/Deviations in order to
clarify setbacks along parkland corridor.
3:18:52 [21:00:25] Motion to table the motion currently held in abeyance until Nov.
6, 2006
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to conditionally approve
Oak Street Meadows Condos Site Plan/Certificate of Appropriateness/Deviations as
conditioned by Planning Staff including the most recent one [a corrected condition
that was requested by City Engineering] referenced by [Planner] Brian [Krueger].
Vote held in abeyance until after FYI.]
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to table the motion [above]
currently held in abeyance until November 6, 2006.
3:19:58 [21:01:17] Vote to table the motion currently held in abeyance until Nov. 6,
2006
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to table the vote currently
held in abeyance until November 6, 2006.]
Those voting Aye being Crs. Rupp, Kirchhoff, Becker and Mayor Krauss.
Those voting No being none.
Those absent being Cr. Jacobson.
The motion carried.
3:20:21 [21:01:33] FYI - Commissioner Becker
Commissioner Becker reminded the Commissioners and Staff about the Gallatin County
watershed tour on Thursday, October 26 at 1:30 pm.
3:21:49 [21:04:20] FYI - Mayor Krauss
Mayor Krauss reminded the Commission about the goals setting session on Oct. 30,
2006. He noted that issues generated by the Bioneers may be included.
3:22:48 [21:06:10] FYI - Debbie Arkell
Ms. Arkell reminded the Commission of the Wednesday, Oct. 24, 2006 meeting of the
Transportation Coordinating Committee.
3:22:58 [21:06:56] FYI - Lower Yards - Connie Garrett
3:23:24 [21:07:08] Connie Garrett
Connie Garrett resides at 414 N. Plum and offered the Commission affordable housing
alternatives for potential projects at the "lower yards".
3:36:50 [21:18:52] FYI - Mr. Kukulski
Mr. Kukulski updated the Commission on the work progress on Durston Road.
3:39:39 [21:19:12] J. 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 ____________________.