HomeMy WebLinkAboutSILD 693, Resolution 3947 (Oak Meadows Subdivision) COMMISSION RESOLUTION NO. 3947
A RESOLUTION OF'THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 693 (OAK
MEADOWS, SUBDIVISION); CREATING THE DISTRICT FOR THE
PURPOSE OF INSTALLING AND MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY
BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the "Commission") of the City of Bozeman,
Montana (the "City"), as follows:
Section 1. Passage of Resolution of Intention, This Commission, on August 7, 2006, adopted
Resolution No. 3921 (the "Resolution of Intention"), pursuant to which this Conunission declared its
intention to create a special lighting district,designated as Special Lighting District No.693 (Oak Meadows
Subdivision) of the City(the "District"), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as
amended(the "Act"), for the purpose of financing costs of certain local improvements described generally
therein (the "Improvements") and paying costs incidental thereto, including costs associated with the
creation and administration of the District.
Section 2. Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly
published, posted and mailed in all respects in accordance with law, and on August 28, 2006, this
Commission conducted a public hearing on the creation of the District and the making of the Improvements.
The meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of the
notice of passage of the Resolution of Intention(the"'Protest Period").
Section 3. Protests. Within the Protest Period, no protests were filed with the City Clerk,
Section 4. Creation of the District-,Insufficiency of Protests. The District is hereby created on the
terms and conditions set forth in and otherwise in accordance with,the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5. Preparation and Levying of Assessments. It shall be the duty of the City Clerk to
prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in conformance with
Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule a
public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final
passage of such resolution deliver it to the City Treasurer,
Section 6. Lighting District Fund Established. There is hereby created a fund to be known as the
Special Lighting District No. 693 Fund (the "Fund"). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs
of the Improvements.
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
1,the undersigned,being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. 3947,
entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT 693 (OAK MEADOWS SUBDIVISION);
CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF
SPECIAL ASSESSMENT.3947(the"Resolution"), on file in the original records of the City in my legal
custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on August
28, 2006 and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has
not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commissioners voted in favor thereof. Crs.Kirchhoff,Jacobson,Rupp and Mayor Krauss;voted against the
same: none; abstained from voting thereon: Cr. Becker; or were absent: none.
WITNESS my hand officially this 3rd day of May, 2013.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman,Montana,this 28''
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 28,2006
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:
I, 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 16 - Mt, Baldy Minor Subdivision Zone Map Amendment,#Z-06178
(Saunders) should be moved to Public Hearing 11.
3. There is a spelling error in Public Hearing 18, 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 [18:04:3 8]Motion and Vote to approve the August 21, 20,06 minutes as submitted.
It was moved by Cr. Becker, seconded Cr. RHRII 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 (LaMe.res)
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)
0:17A3 [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 EI-3 and 5-8.
It was moved by Cr.RuPR,seconded b Cr.Kirchhoff to approve consent items E1-E3 and
y
E5-E8.
Those voting A
Me being Crs. Rupp,,,Kirchhoff,Jacobson,Becker and Ma or 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 Math 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 [18:14:121 Public Comment-Joby Sabol on beha!LOLLinda 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 [1'8:14:32] Public Comment-Dav66LLgjfff
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] IL 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:.1.2:28 [19:07.21] Applicant Don Jackson spoke on his behalf.
1:13:40 [22:3'9:13] Public Comment
Mayor Krauss called for public comment,
1:13:53 [19:08:39] Public Comment-Michaelfratt
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 Coomsent-.bath g CanWhell
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 McALee
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-Ruf
ws 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 [19:12:3 2] 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-MarLlyn Collins
Marilyn Collins resides at 1509 Bridger Drive and opposes the annexation of Lots 21 and 22 of the
Mt. Baldy subdivision,
1:23:017 [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 term ffor annexation; outlined by staff
It was moved.by Cr. Kirchhoff
seconded by Cr. Jacobson,to app rove.Mt.Baldy Minor
Subdivision Annexation,#A-06007,with the conditions and terms [for annexation) outlined
by staff:
1. That the apglicant execute at the Gallatin County Clerk& Recorder's OMce a waiver
of right-to-protest creation of S.I.D.'s for a Cill-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 rkhts be jo rovided in an
amount determined by the Director of Public Service,prior to the Cill Commission adopting
the Resolution of Annexation and accM tin g.the Annexation Agreement.
3. The land owners and their successors shall all fire and street impact fees for
existing
_g development at time of annexation;water and sewer impact fees at the time of
connection; and for future development as aired Chu re ter 3.24 Bozeman Municijgal
-
Code,or as amended at the time of application for any permit listed therein.
4, An Annexation Map, titled "Mt Bald j Lots 21&22 Annexation Map" with a legal
descriotion of the jjrq2L and any adjoining unannexed rig!Lts-of-w a d/
- n or street access
ay,
casements shah be submitted by the applicant for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (1811 by 24111, a reduced 8%" x 1111 or 8 VzII
by 14"" exhibit for Ong with the Annexation Agreement at the County,Clerk& Recorder,
and a digital copy for the City Eng;meer's OMce- This man j! must be acceptable to the
Director of Public Services and City Engineer's Oftg,_and shall be submitted with the signed
Annexation Aereement.
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S. That the applicant executes all conting ncies and terms, of said Annexation Agreement
with the City of Bozeman within 60 days of the receipt of the annexation ageemgnt, or
annexation approval shall be null and void.
6. The applicant will coordinate develovment of and extend future parks and trails with
Parks and trails in ad
jacent develoj2ment.
7. Applicant shall rovide and Me with the Coun Clerk and Recorder's office executed
'waivers of Riffht to Protest Creation of SIN for the following:
g)- Street improvements ingluding,paving, curb/zOter, sidewalk and storm
drainage facilities for the followin g streets:
i)LBrIdger Drive
Ki)StoEy Mill Road
Signalization Improvements for the following intersections-
D Bridger Dr./Stoja Mill Rd.
fi) Bridger Dr./Griffin Dr./Rouse Avenue.The documents
filed shall spedft that in the event an S.I.D.is not utilized for the
cone letion of these improvements,the developera ees to
participate in an alternate financing method for the completion
of said improvements on a fair sham ipronortionate basis as
determined by square footagg-of grogerty, taxable valuation of
the Property, traffic contribution from the development or a
combination thereof:
8. The owner shall 2rovide a public street and utilitv 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 Transvortation Plan.
9. Upon annexation and availability of services,the existing structures shall either be
connected to municipal services.
1-32:35 [19:26.,45] /rate on approval of Mi. Baldy Minor Subdivision Annexation, U-06007,
with the conditions and terms ffor 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 bein Crs.Kirchhoff Jacobson,Becker,Rupg, and Mayor-Krauss.
The motion failed.
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1:32:58 [19-27:04]Motion and Vote to table t tie M4 BaldyMinor Subdivision zone Map
Amendment indefinitely.
It was moved by Cr. Jacobson,seconded ky Cr. Becker,to table item 16,Mt.Bald y Minor
Subdivision Zone MwAmendment indefinitely,
Those voting Axe being,Crs.Becker, Rupp,Kirchhoff
Jacobson and Ma or Kmuss.
Y r
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] 1. 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 commcnt.
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 TreatinentPlant Annexation, #A-06005
and associated extensions of service plan as termed by staff.
It was moved by Cr.Becker,seconded by Cr.Ruipp,to approve the Wastewater Treatment
Plant Annexation,-#A-06005 and associated extensions of service 12lane as termed by,staff:
1. An Annexation Map, titled "WWTP Annexation MAP" with a le al description of the
property and adjoining unannexed rights!1of-oway and/or street access easements shall be
submitted by the applicant for use with the Annexation Agreement. The ma T)must be
supplied on amylarfor Cit records(18" by.24"),,.a reduced 8 V211 x 1110 tar V2" by 1411
exhibit for filing with the Annexation Agreement at the County Clerk&Recorder,and a
digital copy for the Cily Engineer's Office. This ma ja must be acceptable to the Director of
Public Services and City Engineer's Office, and shall be submitted with the-sirned
Annexation Agreement.
2:00:34 [19:53:57] Vote to approve the Wastewater Treatment Plant Annexation, U-06005 and
associated extensions of service plan as termed by staff(see terms above)
7
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 I (see
terms ahivul
Those voting Aye being Crs. Beckpr,Rupp, Kirchhoff, Jacobson and Ma-vor 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 21 st(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 fas
conditioned bj7 staf
.fl, and direct preparation of fan]implementing ordinance.
It was moved by Cr.Rugp, seconded by,Cr.Kirchhoff, to approve Zone M
H Amendment,
#Z-06173 as conditioned by st'affl, and direct mparation of an implementing ordinance.
Conditions for A
M12roval:
1. That the Ordinance of the Zone May Amendment shall not be adopted until the
Resolution of Annexation is signed by the "plicant and formally apj2roved by the 0
Commission. If the annexation is not approved,the application shall be null and void.
2. That the applicant submit a zone amendment ma titled "Mt Bald y Lots 21&22 Zone
May Amendment"', on a 24," bY36"-my tar, 8 %" bill", or V2." b 14" Uerexhibift
Y P -,and a
,digital co j& of the area to be zoned,accpgtable to the Director of Public Service which will be
utilized in the preparation of the Ordinance to officially amend the Q a-
ty qfBozeman Zoning
Map. Said may shall contain a metes and bounds le al deserbition of the Perimeter of the
subject property and zoning districts total acreage of the property and an unannexed
adjoining rights-of-way and/or street access easements.
3. That the Ordinance for the Zone Ma g Amendment shall not be drafted until the
20licant provides a metes and bounds legal description re tired by a licensed Montana
sauffor and map of the area to be rezoned,which will be utilized in the 2rel2aration of the
Ordinance to officially amend the zone ma R.
Those voting A
le being Crs..Ruvv,Kirchhoff Becker and Major Krauss.
These voting no being none.
The motion carried.
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2:03:50 [l9:58:58] 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 Pertzbom, of Intrinsic Architecture:, appeared for the applicant.
2:14:43 [20:07:14] Public Cornment
Mayor Krauss,called for public comment.
No person commented.
2:15:0"7 [20:07.,44] Motion and Vote to approve Me Delmue Residence Site Plan/Certificate of
AppropriatenesslDeviation(s), #Z-06143,as conditioned by planning staff.
It was moved by Cr. Kirchhoff r. Jacobson,to apiprove the Delmue Residence
H,seconded by
Site Plan/Certificate of ARproj2riateness/Deviafion(s),9Z-06143, as conditioned b lann,
yp mg
staff
Conditions of Approval:
1. Prior to Final Site Plan approval,the appUcant shall submit a modified site glan and
modified elevations of the proRosed house to the Department of Planning,which shows the
following:
a. Drivewn length shortened to 11 feet rather than 12 feet;
b. No more than a 5-foot encroachment into the rear and setback for the rear 2nd
story balcony;
c. Written clarification of proposed rooftj!material-
d. Detailed fence schematic and/or gEaphic for all 12rojgosed 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.);
L Detailed steel schematic and/or gralphic for all proposed steel porches,which clearly
notes the treatment and color of steel; and One of the following chan ges,to the large
fixed window on the north elevation:
1)provide an exterior,non-metal casinnftame around the window that
attaches flat against,the wall cladding or,•
Qjgrovide muntins to divide the]Me glass surface into smaller vanes,. All
modified materials shall be subject to fmal design review and aguroval by,
Administrative Desian Review Staff.
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I 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 Suryffar in th
state of Montana, shall be provided with the Final Site Plan submittal. Proper:ly boundaries
shall be labeled on the exhib,it,with bearings and dis,tances that reflect tho�se to be recorded
with the Amended Plat during the Subdivision Exemption application process.
4. Prior to Final Site Plan approval,the amilicant shall provide a color lRalette and sample
materials bolard to the Doartment of Plannifl&,for final design review and agl2roval la
Administrative Design Review Staff
5. This proitet shaU be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations ap]21ication. AM modifications to the submitted and
approved drawinLs shall invalidate the Project's approval unless the aDDlicant submits the
proposed modifications for review and approval by the Department of Planning prior to
undertaking said modifications.
6. The Final Site Plan shall beadequately dimensioned. A comple!Llegend of all line types
used shall also be provided.
7. Sewer and water services shall be shown on the Final Site Plan and approved bj the
Water/Sewer Superintendent. CjjE of Bozeman avvhcations for service shall be completed by
the applican,t. All trees must be at least ten fl 0)feet from any pAblic utilities or service lines.
Public utilities and service lines shall be shown on the final landscaping.p
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 utilill casement-shall be provided on the lot with the existing residence for the sewe
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 kian lesshall be free of-plantings
which at mature growth wM obscure vision within the sight,triangle.
11. The drive access opening shall not exceed 24 feet in width measured at the rizhi-of-w
line unless a deviation is requested-per,Section 18.44.0!90 H of the Unified Development
Ordinance and is approved b3!the QIX Engineer.
12. AM 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 cleaningLswetying-of material that is
dragged to adjacent streets. The Cily may reguire 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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10
re aired are complete. The developer shall be responsib,le to reimburse the City for all costs
associated with the work if it becomes necessan for the City to correct an problems that are
identified.
Those voting Ave being,,Crs.Kirchhoff.
Jacobson.Becker, Rupp and IN or Krauss.
Those voting No being none.
The motion carried.
2:16:04 [20:101:47] 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 bi Cr.Becker,to continue to Nov. 6,2006',#P-06041
[Edgewood Townhomes Major Subdivision Preliminary Plat].
Those voting A
Ae being Crs.Jacobson,Becker
j Rupp,Kirchhoff and MMor Krauss.
Those voting No beinz none.
The motion carried.,
2:27:49 [20:18:56] 5. Edgewood Townhomes Preliminary Planned Unit Development,#7--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 Developmentl.
It was moved hE,Cr.Becker -, R 03 bEdZewood
,seconded ky Ch upp, to continue to Nov.,6, #Z- 612
Townhomes Preliminary Planned Unit Deve!omentl
Those voting A being Crs. Becker,RUM,Airehh& Jacobson and Mayor Krauss.
Those votinz No bei"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 (S on)
2:30:57 [20.-24:53] Break
Mayor Krauss,called for a break,
2:39:48 [20�:25:511 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 1-11 (Shannon)
2.41.05 [20:26:3,7] 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,
2:43:3 0 [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-III
It was moved by Cr,Rup 'Kirchhoff to adopt Resolution 3946 and SILD
,P,seconded by Cr.
689 [Creation-of Sgecial Improvement LighfiUg.District 689 Legends at Bridger Creek Pbases
EM
Those voting Ave being Crs. Rupp,Kircbhoff Jacobson,Becker and Major Krauss.
Those voting No bem" 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] & 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
rr Improvement Lighting District 693 Oak Meadows.
It was moved ba Cr. Kirchhoff,seconded by Cr.Jacobson,to approve Resolution 3947
Creation of Special ImprovemenLLighting District 693 Oak Meadows.
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Those voting a being Crs.kirchhof ,Jacobson, ." uppp and Major Krauss.
Thasevojfta 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 1-111 (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 Ilesolution 3948 Creation of Special
Improvement Lighting.district 688 Valley West Pleases I-III
It was moved hy 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].1. 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 [20:4'7:39]Public Comment-David Losesfl
David Losesff resides at 105 West Main Street and owns the Bauer Hotel, He opposes selling the
Mendenhall/Willson parking lot because the lot is an mportant 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. t3allik"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 Po e
13
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-Ream Indreland
lleana 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.
3:2.3:45 [2 0:49:5 6]Public Comment-Mike Hop
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 181h,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. Rupy,to authorize the City Manager to
advertise for a gublic hearing to be held on September 18th,2006 to consider possibilities of
the City's parking lot located on the south-east corner of Wiflson and Mendenhall.
4.01:09 [2233,12] Vote to authorize the City Manager to advertise for a public hearing to be held
on September 18dr, 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,,Rup
.P, to authorize the Cily Manager to
advertise for a guhlic hearing to be held on September 18th,2006 to consider possibilities of
the_Cj Ts parking lot located on the south-east corner of Willson and Mendenhall.]
Those voting Ave being Crs.Becker, Rupp,._Kirchhoff
Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried.
4:03:06 [22:34:17] 1 Appoint members to the Community Alcohol Coalition. (Fontenot)
4:03:28 [22:3535] Motion and Vote to appoint members to the Community Alcohol Coalition
It was moved by Cr. Rupp,seconded byCr Kirchhoff,to re-a o nt Donna LaRue Law
Enforcement MS M Jenna Caplette(Neighborhood Representative)and appoint Sheena Rice
(MSU-Bozeman Student) Stacie Taylor(Hosipitatill Representative)to the Community
Alcohol Coalition.
Those voting A
le being Crs. Rupp,Kirchhoff and Becker.
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Those voting No being Mayor Krauss.
The motion carried.
4:05:06 [21:48:50] 1 Vote to break the 2-2 tie on motion to enact an Interim Zoning Ordinance
in relation to Bridger View Mobile Home Park(Eppley
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 Ctrs. 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 followinp_motion: It was
moved by Cr.Rupp,second by Cr.Jacobson,to direct staff to Pursue option 2 1 Interim
Zoning Ordinance] and bring this back for the Commission's consideration.
Those voting Ave on August 21,2006 being Crs.Ruipy and jacobs on.
Those voting No on August 213 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
4:0'7:08 [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 (UDC) 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
4:39:55122:17:20] FYI- Karen Semerau
4:40:21 [22,17:25] FYI - Mr. Kukulski
4-43:13 [ FYI - Commissioner Becker
4:43:22122:25:22] FYI - Ms. Arkell
4A4:19 [22:25:31] L. Adj oununent
1.5
At 10: 25 p.m.., Mayor Krauss adjourned the meeting,
e y or
ATTEST:
Brit Fontenot, City Clerk
z:
ity Clem
Approved on