HomeMy WebLinkAbout12-3-07_November 5, 2007_5LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 5, 2007
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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, November 5, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson,
City Manager Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim
Cooper, and City Clerk Stacy Ulmen.
0:05:57 A. Call to Order-6:00 pm-Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order at 6:03 pm.
0:06:01 B. Pledge of Allegiance and a Moment of Silence
0:07:08 C. Public Service Announcement - Mail Ballots: Get out the Vote
Clerk and Recorder Charlotte Mills gave a Public Service Announcement regarding the mail
ballot return for the public service mill levies.
0:09:34 D. Minutes - September 24, 2007
0:09:38 Motion and Vote to approve the Minutes of September 24, 2007.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of September
24, 2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:09:52 E. Consent
1. Authorize payment of claims (LaMeres)
2. Finally adopt Ordinance No. 1723, Louis Zone Map Amendment #Z-07073 (Riley)
3. Finally adopt Ordinance No.1724, MSU Foundation Zone Map Amendment #Z-
07157 (Riley)
4. Finally adopt Ordinance No. 1725, Schroeder Zone Map Amendment #Z-07107
(Knight)
5. Approve Park Master Plan for Diamond Estates Subdivision No. 2, Phases 3 & 4
#P-05071 (Skelton)
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6. Authorize City Manager to sign a Sewer and Water Easement, and a Public Access
Easement with Vlaanderen Condominiums(L.F.M.S.T. LLC) (Stodola)
7. Approve Resolution No. 4080, Construction Contract Change Order No. 4 Valley
Center Road/North 19th Avenue Special Improvement District Project (Stodola)
8. Authorize the City
9. Manager to sign the Durston Road Special Improvement District 684 Professional
Services Agreement Amendment No. 5 (Stodola)
10. Authorize City Manager to sign the CFT Office Building Public Street and Utility
Easement (Stodola)
11. Approve The Knolls at Hillcrest Subdivision Final Plat (Cooper)
12. Authorize City Manager to sign Contract Amendment #1 with Tindale-Oliver
Associates, Street Impact Fee Study Update (Saunders)
0:09:57 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
0:10:11 Motion and Vote to approve Consent Items E. 1-12.
It was moved by Cr. Rupp. seconded by Cr. Kirchhoff to approve Consent items E 1-12.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The Motion carried 5-0.
0:10:28 F. Public Comment
Mayor Krauss opened public comment.
0:11:09 Paul Bockus - Public Comment
Mr. Bockus of 202 North Broadway spoke regarding the vacation of the end of East Lamme
Street.
0:15:02 Jessica Roberts - Public Comment
Ms. Roberts of ALTA commented on the West Babcock Elementary School site.
0:18:55 Joe Gilpin - Public Comment
Joe Gilpin of 116 North 10th spoke regarding the West Babcock Elementary School site.
0:23:46 Public Comment closed.
Mayor Krauss closed public comment.
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0:23:50 G. Mayoral Proclamation - National American Indian Heritage Month
Mayor Krauss proclaimed November as American Indian Heritage Month.
0:25:16 H. Action Items
0:25:18 1. The Knolls East and Highland South Major Subdivision Preliminary Plat
#P-07037 (Riley)
0:26:05 Doug Riley, Associate Planner
Mr. Riley gave a Power Point presentation regarding the preliminary plat application for The
Knolls East and Highland South Major Subdivision Preliminary Plat #P-07037.
0:58:32 Jason Leep, Representative of Bozeman Deaconess Health Services
Mr. Leep gave the applicant presentation regarding the preliminary plat application for The
Knolls East and Highland South Major Subdivision Preliminary Plat #P-07037.
1:35:27 Public Comment
Mayor Krauss opened public comment.
1:35:52 Neil Westesen - Public Comment
Mr. Westesen, Chairman of the Nordic Committee for the Bridger Ski Foundation, spoke
regarding the possible location of the operations’ building for the Bridger Ski Foundation.
1:39:38 Ted Lange - Public Comment
Mr. Lange, representative of the Gallatin Valley Land Trust, spoke regarding his support of a
facility for the Bridger Ski Foundation.
1:44:12 Lucien Hand - Public Comment
Mr. Hand, of 718 North Tracy, spoke regarding his support of the development. Bicycle routes
are his main focus.
1:46:27 Public Comment closed.
Mayor Krauss closed public comment.
2:35:25 Motion to approve the variance request for asphalt instead of concrete sidewalks in
the areas designated in the application.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the variance request
for asphalt instead of concrete sidewalks in the areas designated in the application.
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2:35:41 Discussion
2:36:41 Vote on the motion to approve the variance request for asphalt instead of concrete
sidewalks in the areas designated in the application.
Those voting Aye being Crs. Jacobson and Becker.
Those voting No being Crs. Kirchhoff, Rupp, and Mayor Krauss.
The motion failed 3-2.
2:40:36 Motion to approve the variance request regarding mitigation requirements being
lifted from this application for the intersection of Haggerty and Main.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve the variance request
regarding mitigation requirements being lifted from this application for the intersection of
Haggerty and Main.
2:40:54 Discussion
2:42:52 Vote on the motion to approve the variance request regarding mitigation
requirements being lifted from this application for the intersection of Haggerty and Main.
Those voting Aye being Crs. Jacobson, Becker, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Rupp.
The motion carried 3-2.
2:43:58 Main Motion to approve the application with conditions listed on pages 2-8 of the
Planning Board Resolution and that we restore the original condition number 5 as it was
brought forward to the Planning Board before any changes were made to it at the Planning
Board.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve the application with
conditions listed on pages 2-8 of the Planning Board Resolution and that we restore the
original condition number 5 as it was brought forward to the Planning Board before any
changes were made to it at the Planning Board.
2:44:48 Amendment to the Main Motion to include language that Bridger Ski Foundation,
Bozeman Deaconess Hospital, Parks and Recreation, together with Planning Staff work out
a lease or other agreement among them for location of a warming hut-type facility and
perhaps equipment shelter, and restrooms (added after stated) for multiple users.
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It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to amend the main motion to
include language that Bridger Ski Foundation, Bozeman Deaconess Hospital, Parks and
Recreation, together with Planning Staff work out a lease or other agreement among them
for location of a warming hut-type facility and perhaps equipment shelter, and restrooms
(added after stated) for multiple users.
2:46:28 Discussion
2:48:17 Cr. Kirchhoff
Cr. Kirchhoff asked that his motion include "this facility should provide ample space for meeting
rooms for multiple user groups including BSF."
2:51:01 Mr. Leep
Mr. Leep asked that the Commission table this issue to a further time.
2:56:14 Vote to Approve the Amendment to the Main Motion to include language that
Bridger Ski Foundation, Bozeman Deaconess Hospital, Parks and Recreation, together
with Planning Staff work out a lease or other agreement among them for location of a
warming hut-type facility and perhaps equipment shelter, and restrooms (added after
stated) for multiple users and this facility should provide ample space for meeting rooms
for multiple user groups including BSF (added after original motion was stated).
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:57:11 Amendment to the Main Motion that the applicant works with the Planning Staff
to designate an overflow parking area for the Highland Green Park, perhaps on the south
side of Painted Hills Road or another suitable location.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve an amendment that
the applicant working with the Planning Staff to designate an overflow parking area for the
Highland Green Park, perhaps on the south side of Painted Hills Road or another suitable
location.
2:57:33 Vote to Approve the Amendment to the Main Motion that the applicant working
with Planning Staff designate an overflow parking area for the Highland Green Park,
perhaps on the south side of Painted Hills Road or another suitable location.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
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Those voting No being none.
The motion carried 5-0.
2:57:46 Amendment to the Main Motion, addressing the issue of double-fronting lots that
are depicted on The Knolls Highland South Master Plan, that these double-fronted lots be
replaced with lots that provide for frontage on the arterial of Kagy, and that the language
to impose this condition be lifted and altered suitably from the Aspen Park Subdivision
that was approved recently.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve an amendment to the
main motion, addressing the issue of double-fronting lots that are depicted on The Knolls
Highland South Master Plan, that these double-fronted lots be replaced with lots that
provide for frontage on the arterial of Kagy, and that the language to impose this condition
be lifted then altered suitably from the Aspen Park Subdivision that was approved
recently.
2:58:38 Mr. Epple
Mr. Epple stated that he does not think that there is a condition for Aspen Park relating to
double-fronted lots, but that it is his understanding that Cr. Kirchhoff would like the lots to be
revised like Aspen Park's double fronted lots that are shown in the revised plan.
2:59:00 Discussion
2:59:03 Vote to Approve the Amendment to the Main Motion, addressing the issue of
double-fronting lots that are depicted on The Knolls Highland South Master Plan, that
these double-fronted lots be replaced with lots that provide for frontage on the arterial of
Kagy, and that the language to impose this condition be lifted and altered suitably from the
Aspen Park Subdivision that was approved recently.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Rupp.
Those voting No being Mayor Krauss.
The motion carried 4-1.
2:59:19 Amendment to the Main Motion that the applicant be required to have a dust
mitigation plan developed.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve the amendment to the
main motion that the applicant be required to have a dust mitigation plan developed.
2:59:32 Discussion
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2:59:34 Vote to Approve the Amendment to the Main Motion that the applicant be
required to have a dust mitigation plan developed.
Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson.
Those voting No being Crs. Becker and Mayor Krauss.
The motion carried 3-2.
2:59:46 Amendment to the Main Motion that the affordable lots be developed
proportionally in all future phases.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve the amendment to the
main motion that the affordable lots be developed proportionally in all future phases.
3:00:27 Discussion
3:00:29 Vote to Approve the Amendment to the Main Motion that the affordable lots be
developed proportionally in all future phases.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
3:00:43 Amendment to the Main Motion that under condition #19 that it be changed to
clearly read that there is one Homeowners Association and not a Sub Homeowners
Association for the affordable units.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve the Amendment to the
main motion that under condition #19, that it be changed to clearly read that there is one
Homeowners Association and not a Sub Homeowners Association for the affordable units.
3:01:01 Discussion
3:01:58 Vote on the Amendment to the Main Motion that under condition #19, be changed
to clearly read that there is one Homeowners Association and not a Sub Homeowners
Association for the affordable units.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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3:02:38 Amendment to the Main Motion to waive the requirement to build out the
entire length of Kagy, between Bozeman Trail and Highland, only the section adjacent to
phase 1 to Highland.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the amendment to the main
motion to waive the requirement to build out the entire length of Kagy, between Bozeman
Trail and Highland, only the section adjacent to phase 1 to Highland.
3:03:07 Discussion
3:03:10 Vote on the Amendment to the Main Motion, to waive the requirement to build out
the entire length of Kagy, between Bozeman Trail and Highland, only the section adjacent
to phase 1 to Highland.
Those voting Aye being Crs. Becker, Jacobson, and Mayor Krauss.
Those voting No being Crs. Rupp, and Kirchhoff.
The motion carried 3-2.
3:03:28 Vote on the Main Motion to approve the application with conditions listed on pages
2-8 of the Planning Board Resolution and that we restore the original condition number 5
as it was brought forward to the Planning Board before any changes were made to it at the
Planning Board.
It was moved by Cr. Rupp, seconded by Cr. Becker to lay this motion on the table.
Those voting Aye being Crs. Rupp, Becker, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:03:57 Break
3:21:08 2. West Babcock Elementary School Informal #I-07025 (Knight)
3:21:12 Mr. Epple
Mr. Epple gave a presentation regarding the West Babcock Elementary School Informal
application. The Commission gave their ideas regarding the project.
3:39:50 Public Comment
Mayor Krauss opened public comment.
No person commented.
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Mayor Krauss closed public comment.
3:40:19 3. Rialto Building Informal Application #I-07026 (Bristor)
3:40:56 Allyson Bristor, Associate Planner
Ms. Bristor gave a presentation on the Rialto Building Informal Application. The Commission
gave their ideas regarding the project.
3:50:33 Mayor Krauss
Mayor Krauss suspended the Rules to extend the meeting to 10:30 pm.
3:59:25 Public Comment
Mayor Krauss opened public comment.
3:59:37 Lucien Hand - Public Comment
Mr. Hand, of 718 North Tracy, spoke regarding the Rialto Building design.
4:02:25 Public Comment closed
Mayor Krauss closed public comment.
4:17:34 4. Provisional Adoption of Ordinance No. 1727, Rules of Procedure (Luwe)
This item will be moved to the next City Commission Meeting.
4:17:43 5. Provisional Adoption of Ordinance No. 1729, Budget Administration
(Rosenberry)
This item will be moved to the next City Commission Meeting.
4:19:08 6. Recommendation to Gallatin County Commission of Board Member for
Gallatin Solid Waste Management District (Arkell)
4:21:15 Motion and Vote to recommend to the Gallatin County Commission to appoint City
of Bozeman Superintendent of Solid Waste Steve Johnson to a three year term on the
Gallatin Solid Waste District Board.
It was moved by Cr. Becker, seconded by Cr. Rupp, to recommend to the Gallatin County
Commission to appoint City of Bozeman Superintendent of Solid Waste Steve Johnson to a
three year term on the Gallatin Solid Waste District Board.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss
Those voting No being none.
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The motion carried 5-0.
4:21:55 I. FYI/Discussion
4:22:01 1. Commission Salary Ordinance (Kukulski)
Mr. Kukulski stated that he needs direction from the Commission regarding the Commission
Salary Ordinance.
4:23:04 2. Ethics Ordinance
Mr. Kukulski explained that the Ethics Ordinance is in rough draft form but will be coming
before the Commission in the near future.
4:24:30 3. Proposed Graffiti Ordinance
Cr. Becker stated that he would like to begin the process of forming a Graffiti Ordinance.
4:25:06 4. Streamline Briefing
Cr. Becker stated that the Streamline representatives would like to do an update to talk about bus
shelters at the Joint City-County meeting on Friday, November 16, 2007.
4:25:28 5. Cr. Kirchhoff Comments regarding the Ceremonial Commission Change
Cr. Kirchhoff stated that his last meeting will be December 17, 2007.
4:28:39 6. Co-Location of the Law and Justice Center
Cr. Jacobson asked for an update regarding the joint Law and Justice Center.
4:33:07 7. Meeting Reminder
Ms. Ulmen stated that the next Commission meeting will be Tuesday, November 13, 2007 at the
City Commission Room.
4:33:22 8. City-County Board of Health/Kirchhoff's Term
Ms. Ulmen stated that she was contacted by the City-County Board of Health who wanted to
know if Cr. Kirchhoff was going to finish out his term, and if not, who will take over his term.
4:33:36 Cr. Kirchhoff
Cr. Kirchhoff stated that he has had scheduling conflicts.
4:36:12 J. Adjournment
Mayor Krauss adjourned the meeting at 10:44 pm.
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____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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