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Home My WebLink About2006-07-24 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 24,2006 ***************************** The CommIssIOn of the CIty of Bo/.eman met in the CommIssIOn Room, CIty Hal!, 411 Ea~t Mam Street, on Monday, July 24, 2006, at 6:00 p.m. Present were Mayor .TcffKrauss, Cr Sean Becker, Cr. JefTRupp, Cr. Kaaren Jacobson, Cr. Steve Klf(;hhoff, CIty Manager Chris KukulskI, DIrector of Public Service Debra Arkcll, Plannmg DIrector Andy Epple, Finance DIrector Anna Rosenberry, CIty Attorney Paul CIty Attorney Luwe, and CIty Clerk Bnt Fontenot A. Executive Session Mayor Krauss called the ExecutIve SesSIOn to order at 5:35 p.m. Present were Crs Becker (late), Rupp, Knchhoff (latc), Jacobson and Mayor Krauss. City stall present was CIty Manager Chris Kukulski, CIty Attorney Paul Luwe, Plannmg DIrector Andy Epple and City Clerk Brit Fontenot. The toptC of thIS ExecutIve SessIOn was lItIgatIon strategy. Mayor Krauss stated that he finds that an open meetmg would have a detnmental effect on the litigation posItIon of the CIty. He therefore declared that thIs portIOn ofthe meeting closed pursuant to MCA sectIOn 2-3-203(4) to dISCUSS litIgation strategy. Mayor Krauss adjourned the ExecutIve Session at 6: 10 p.m. 0:01 :59 [18:09:33]B. 0:02:06 [I g:ll :31]C. 0.02:45 [lg:11 :3g]D. 0.04:05 [lg:12:16]E. 0.04:09 [18:12:24]1-<'. Call to Order Pledge of Allegiance and Moment of Silence Changes to Agenda Minutes - There were no mlllutes submItted. Consent 1. Authofl/.c payment of clmms (LaMeres) 2. Authorize CIty Manager to sign an agreement with Greenwing Teal, LLC for the Durston Road SID Project (Stodola) 3. Approve RecommendatIon of Award for 2006 Curbmg and Sidewalk Improvements (Kerr) 4 Approve ResolutIOn No. 3933 - Resolution ofIntent to Create West Wmds SubdIvision Phases I -ll SILD #691 (Shannon) 2 5. Authorize City Manager to sign the Cornerstone Condominium Publie Access Easement (Heaston) 6. Authorize City Manager to sign a Water Rights Acquisition Contract (Hixson) 7. Approve Ordinance No. 1669, text amendment to the Unified Development Ordinance (Cooper) 0:04:25 [22:05:36] *Motion and Vote It was movcd by Cr. Becker, seconded by Cr. Kirchhoff, to approve Consent items 1 - 7 as listed above. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss. Those voting no being none. Abstentions, Cr. Rupp The motion carried. 0:05: 14 [18: 13:47]G. Public comment Please state name and address in an audible tone of voice for the record. There was no public comment. 0:05:33 [20:46:47] H. Puhlic Hearings 0:05:36 [lg:13:54] 1. Shute Residence Renovations, Conditional Use Permit/Certificate of Appropriateness/Deviations at the residence located at 603 South Willson Avenue, Zoning Application #Z-06111, continued from July 10, 2006. (Bristor) 0:07:35 [lg:13:58] *Motion and Vote On July 10, 2006 it was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Shute Residence Renovations Certificate of Appropriateness with Deviations as conditioned by staff with 3 the f()llowing amcndments adding the phrase "i f required by codc" to the second sentence of condition No. 13 and to exclude the CUP component for the accessory dwelling at the residence locatcd at 603 South Willson Avenue, Zoning Application #Z-06111. Those voting Aye being Crs. Rupp and Jacobson and Mayor Krauss. Those voting No being Crs. Bcckcr and Kirchhoff. The motion carried. 0: 11 :08 rig: 14:031 2. Request for one-year extension of Preliminary Plat approval from Laurel Glen Suhdivision, Phase III, #P-02012, opened and continued from July 17,2006 (Epple) Continued from June 26 to July 17 to July 24, 2006. 0: II:] I [18: 14:46] Staff Rcport - Item was continued from June 26 to July 17th, to July 24th. 0:]4:05 [18:15:22J Discussion 0:15:35 [18:15:42]*Motion and Vote It was moved by Cr. KirchhotI, seconded by Cr. Jacobson, to deny a request for (me-year extension of Preliminary Plat approval from Laurel Glen Subdivision, Phase III, #P-02012. Those voting Aye being Crs. Kirchhoff~ Jacobson, Becker and Rupp. Those voting No being Mayor Krauss. The motion carried. 0:21:50 [21:35:47] 3. Carlson/Ruggles Site Plan (SP), Certificate of Appropriateness (COA) with deviations #Z-06041, continued from July 17,2006 (Bristor) Continued from .July 17th, 2006. 0:23 :30 [20:46:27] Staff Report - Planner Allison Bristor presented the staff report. 4 0:36:29 [18:18:20] *Motion and Vote It was movcd by commissioner Jacobson, seconded by Commissioner Becker to approve the Carlson/Ruggles Site Plan #Z-06041, Certificate of Appropriateness (COA) with deviations and as conditioned by staff. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss Those voting No being none. The motion carried. 0:37:37 [18:18:21]4. Knolls at Hillcrest, Preliminary Plat Review (Sanford) 0:40:06 [20:46:24] Staff Report - Planner Jody Sanford presented the stafl'report. 0:53:35 [lg:20:36] Applicant Jason Link of Potter Clinton Development appeared for the applicant. 1:06:48 [18:20:50] Public Comment: Dennis Franks resides at 1805 Kenyon Drive. Tad Weaver address not stated. Ed Wheeler resides at 1811 Kenyon Drive Pat Herring rcsides at 1727 Kenyon Drive ::. 5 Don Jackson resides at 1280 Story Mil! Road Becky (last name unintel!igiblc) rcsides at 1805 Kenyon Drive. Gary AIm rcsides at 1810 Kcnyon Drive. Dave Parkcr rcsides at 1716 Kcnyon Drivc. Mike Knapp resides on Baxtcr Drive. Public Works Director Debbie Arkell for Public Safety Directory - Fire Chuck Wino 1 :43:21 [22: 12:02] Applicant Jason Link from Potter Clinton Development appeared for thc applieant. 1:43:35 [20:45:01] Discussion No further discussion. 1:43:47 [lg:25:59] *Motion and Vote It was moved by Cr. Beeker, sccondcd by Cr. Kirchhoff to approvc the Knolls at Hill Crcst preliminary plat as conditioned by staff including the height revision and utilizing alternative 2 as suggested by the applicant and approving the rcar sctback and rctaining thc casement. It was moved by Cr. Rupp, scconded by Cr. Jacobson, to amend the previous motion to approvc the Knolls at Hill Crest preliminary plat as conditioned by staff including the height revision and utilizing alternative 2 as suggested by the applicant and approving the rear setback and rctaining the easement by adding condition No. 24 that Kenyon Drive not become a connecting through street but may bc engineered for emergency turnaround, if necessary. Those voting Aye being Crs. Rupp and Jacobson 6 Those voting No bcing Crs. Kirchhot1~ Becker and Mayor Krauss The motion to amcnd failed. It was moved by Cr. Rupp to amend the previolls motion to approve the Knolls at Hill Crest preliminary plat as conditioned by staff excluding the height revision and utilizing alternative 2 as suggested by thc applicant and approving the rear setback and retaining the easemcnt by returning condition NO.2 to thc original language establishing the maximum hcight at 22 fcct. The motion dicd for lack of a second. The original motion was revisited in which it was moved by Cr. Beckcr, seconded by Cr. Kirchhoff to approve thc Knolls at Hill Crest preliminary plat as conditioned by staff including the height revision and utilizing alternative 2 as suggested by the applicant and approving the rear setback and retaining the easement. Those voting Aye being Crs. Becker, Jacobson, Kirchhoff and Mayor Krauss Those voting No being Cr. Rupp The motion carricd. 2: II: 16 [20:45: 12] Break Mayor Krauss called for a 5 minute break. 2:22:45 [20:46:43] 5. West Winds III, Major Subdivision, Preliminary Plat Review (Windemaker) 2:22:58 [18:24:02] Staff Report - Plamler Lynette Windemaker presented the staff report. 2:25:42 [18:31:24] Applicant Clint Lytle ofHKM Engineering appeared for the applicant. 7 2:26:]7 [18:35:1g] Public Comment There was no public comment. 2:26:37 [I8:3g:2T] *Motion and Vote It was moved by Cr. Kirchhoft~ seconded by Cr. Jacobson, to approvc West Winds III, Major Subdivision, Preliminary Plat as eonditioncd by staff. Those voting Aye being Crs. Kirchhoff, Jacobson, 13cekcr and Mayor Krauss. Those voting No being none. Abstentions, Cr. Rupp. The motion carricd. 2:27:17 [18:39:54] 6. 5% increase to Trec Maintcnance District rates (Rosenberry) 2:27:35 [I R:40:50] Staff Report - Finance Director Anna Rosenberry presented the statfreport. 2:32:4g [lg:45:44] Public Comment There was no public comment. 2:33:05 [lg:47:10]*Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve Resolution 3926 a 5% increase to Trce Maintenance District rates. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss. Thosc voting No being none. g The motion carried. 2:34:29 [lg:47:16] 7. 5% increase to Street Maintcnance District rates (Rosenberry) 2:34:29 [19:02:23] Staff Report - Finance Dircetor Anna Rosenberry presented the staff rcport. 2:36:26 [19: 16:00] Public Comment There was no public comment. 2:36:43 [19:33:41]*Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve a 5% increase to Street Maintcnancc District rates. Those voting Ayc being Crs. Kirchhoft~ Jacobson, Becker and Rupp. Those voting No being Mayor Krauss. Thc motion carried. 2:37:42 [19:43:02]1. Action Items 2:37:50 [19:52:28]1. Solid Waste Disposal Options (Johnson/Arkell) 2:38:08 [20:24: 1 0 J Staff Report - Mr. Steve Johnson, Solid Wastc Superintendent presented the solid waste options to the Commission. 2:56:51 [20:30:25] Public Comment Danc Gamble resides at 13 Hitching Post Road. Charles Bowen resides at 3070 Maclllhatten Road. Kathy Gallagher representing John MacIllhatten. 9 Don Jackson resides at 12g0 Storey Mill Road. Kathy (last name unintclligible) residcs at 12g0 Story Mill Road. Hal!ie Rukhcimcr rcsides at1400 Storey Mill Road. Jim Leheay resides at 3205 Gardcnbrook Road. Skip MacIllhatten, no address given. Don Brelsford, Brelsford Engineering, Bozeman, Montana. 3:27:25 [20:31 :04] Discussion Commission provided direction to staff regarding solid waste options. 4:30:5R [20:31 :33] 2. Farmhouse Minor Subdivision Pre-application (Krueger) 4:33:07 [20:34: 19] Staff Report - Planner Brian Krueger presented the staff report. 4:38:01 [20:35:00] Applicant Dab Dabney representing thc applicant, Fannhouse Partners, made a presentation. 5: 10:37 [20:35: 10] 3. 5:22:01 [20:35:58] K. FYI/Discussion Adjournment 10 Mayor Krauss adjourned the meeting at 11 :33 p.m. ATTEST: ~.-' , ., ., . .~."" .' ., ,. , .~. (\. ~ ~d ------- PREP AREDl~Y: ~.'- --.~, - -~~~>~o2~ Brit Foqtt<1IDt, City Clerk Approved _ '3DJ~ <l ':-2006