HomeMy WebLinkAbout2006-09-05 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 5,2006
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0:00:42 [16:29:03] A.
Performance Evaluation.
Executive Session - 5:00 p.m. - City Manager's
Pre~ent were Crs. Becker, Rupp, Kirchhoff, Jacobson, Mayor Krauss and CIty Manager
Chris Kukulski.
Mayor Krauss called the Executive Session to order at 5: 10 p.m.
Mayor Krauss stated that this portion of the meeting will be closed pursuant to MC A
section 2-3-203 (3) to discuss a matter of individual privacy, the CIty Manager's
evaluation. The City Manager has not waived his right to privacy. It has been determined
that the demands of individual pnvacy clearly outweigh the merIts of public disclosure.
Mayor Krauss adjourned the Executive Session at 6: 10 p.m.
0:08:39 [18: 12:371 B.
Call to Order - 6:00 p.m.
The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Tuesday, September 5, 2006, at 6:00 p.m. Present
were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service
Debhie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety - Police
Services Mark Tymrak, Director of Puhlic Safety - Fire Services Chuck Winn, Planning
Director Andy Epple, City Attorney Paul Luwe, City Clerk Brit Fontenot, and Deputy
City Clerk Stuart Bernard.
0:08:45 [18:13:14] C.
Pledge of Allegiance and Moment of Silence
0:09:28 [18:21:27] Changes to the Agenda
City Manager Kukulski noted that items H3 and H4 from the addendum should be
opened and continued due to a noticing error.
0: 10: 19 [18:21:30] D.
Puhlic Service Announcement
0: 10:47 [18:22: 16] Director of Public Safety - Police Services Mark Tymrak
reported on traffic accidents at major intersections throughout the city.
0:15:47 [18:23:07] Director of Public Works Debbie Arkell updated the public with the
latest information on wildfires burning in the area and reminded citizens of the Class 2
fire restrictions in place.
0:21:46 [18:23:31] E. Minutes - August 14,2006
0:21 :55 118:28:24] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Rupp, to approve the August 14, 2006 linked minutes as submitted.
Those votin!! Ave bein!! Crs. Becker. Rupp. Kirchhoff. Jacobson and Mayor Krauss.
Those votin!! No bein!! none.
The motion carried.
0:22:18 [18:34:46] F. Consent
1. Authorize payment of claims (LaMeres)
2. Award Sprinkler system contract (Goehrung)
3. Finally Adopt Ordinance 1670, establishing the Board of Adjustment (Saunders)
4. Adopt Resolution 3953, WWTP Annexation (Saunders)
5. Provisionally Adopt Ordinance 1671, zoning for the WWTP (Saunders)
6. Adopt Resolution 3955, Intent to revise Bozeman 2020 Community Plan with the
Kraft Growth Policy Amendment, #P-06045 (Krueger)
0:22:34 [18:34:57] Motion and Vote - It was moved by Cr. Rupp, seconded bv Cr.
Kirchhoff. to approve consent items Ft-5.
Those votin!! Aye bein!! Crs. Rupp, Kirchhoff, Jacobson, Becker and Mavor Krauss.
Those votin!! No bein!! none.
The motion carried.
0:23:20 [18:36:43] Deputy City Clerk Stuart Bernard noted that consent item F6 was not
included in the motion.
0:25:41 [18:39:04] Motion - It was moved by Cr. Becker, seconded by Cr. Jacobson to
Adopt Resolution 3955, Intent to revise Bozeman 2020 Community Plan with the Kraft
Growth Policy Amendment, Consent Item F6.
0:27:01 [18:41:24] Vote
[It was moved by Cr. Becker, seconded by Cr. Jacobson to Adopt Resolution 3955, Intent
to revise Bozeman 2020 Community Plan with the Kraft Growth Policy Amendment,
Consent Item F6.]
Those volin!! Aye bein!! Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those votin!! No bein!! Cr. Rupp.
The motion carried.
0:27: 12 [18:35:34] 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.
0:27:39 [18:36:52] Public Comment - Peter Rugheimer
Peter Rugheimer resides at 1404 Story Mill Road. He voiced his displeasure with the
dump (landfill) and surrounding development.
0:31:53 [18:38: 13] Public Comment - William Halpin
William Halpin resides at 1319 S Church Avenue. He voiced his displeasure with
reinstallation of the Ten Commandments. He mentioned thc Boise, Idaho Tcn
Commandments resolution.
0:33: 13 [18:38:26] H.
Puhlic Hearings
0:33:15 [18:38:5711.
Kraft Growth Policy Amendment, #P-06045 (Krueger)
0:33: 16 [18:40:28] Staff Report
Associate Planner Brian Krueger presented the staff report
0:38:04 [18:40:37] Applicant - Mike Stewart
Mike Stewart appeared for the Applicant, Land Equity Partners.
0:41:57 [18:45:00] Public Comment ~
Mayor Krauss called for public comment.
No person commcnted.
0:42:30 [18:46:26] Motioll - It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson
to approve Kraft Growth Policy Amendment, #P06045 as conditioned by staff:
1. The applicant shall submit, within 45 days of Commission approval all 81h- x H-
illch or 81h- x 14-illch exhibit entitled "Kraft Growth Policy Amendment" to the
Planning Department containing an accurate descriptioll of the property for which the
growth policy designation is being amended. The exhibit must be acceptable to the
Planning Department.
2. The resolutioll for the growth policy amendment shallllot be drafted until the
applicallt provides all exhibit of the area to be re-designated, which will be utilized in
the preparation of the resolution to officially amend the Future Land Use Map of the
Bozeman 2020 Community Plan.
1:07:55 [19:12:11] Vote
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve Kraft Growth
Policy Amendment, #P06045 as conditioned by staff (see conditions above).]
Those votin!! Ave bein2 Cr. Jacobson and Mavor Krauss.
Those votin!! No beinl! Crs. Becker. Rupp, Kirchhoff.
The motion failed.
1:08:43 [19:12:43] 2.
Kirchhoff Front Porch SP/COA/Dev, #Z-06186 (Bristor)
1:09:25 [19:12:56] Staff Report
Associate Planner Allison Bristor presented the staff report.
1: 19:44 [19:22:33] Applicant
Christopher Spogis, owner of Christopher's W oodworks of Bozcman, appearcd for the
applicant.
1:23:37 [19:22:39] Public Comment - Judv Kuhl
Judy Kuhl resides at 515 S. 5th Avenue. Her home neighbors the subject property and
spoke in support of the front porch.
1 :29:37 [19:27:48] Motion ~ It was moved by Cr. Jacobson, seconded by Cr. Becker to
approve Kirchhoff Front Porch Site Plan/Certificate of Appropriateness/Deviations as
conditioned by staff:
1. The applicant shall clarify to whether or not new window and door futures are
proposed with the new construction. If so, the applicant is required to submit
additional information on the futures' materials, size, design and brand to the
IJepartment of Planning for final design review and approval by Administrative Design
Review Stan:
2. The proposed porch balustrade shall be constructed from wood balusters and rails.
Modified elevations that show the proposed wood balustrade shall be submitted to the
IJepartment of Planning for final design review and approval by Administrative Design
Review Staff
3. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
4. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant submits
the proposed modifications for review and approval by the Department of Planning
prior to undertaking said modifications, as required by Section 18.64.110 of the
Bozeman Unified Development Ordinance.
1 :29:53 [21 :50:30] Motion - It was moved by Cr. Rupp to amend the motion by
removing condition No.2.
The motion failed for lack of a second.
1:30:06 [21:51:49] Vote
[It was moved hy Cr. Jacobson, seconded by Cr. Becker to approvc Kirchhoff Front
Porch SP/COA/Dev. as conditioned by staff (see conditions above). I
Those votiDl?: Ave bein!! Crs. Becker, Rupp, Jacobson and Mavor Krauss.
Those votin!! No bein!! none.
The motion carried.
1 :30:39 119:30:38] Break
Mayor Krauss called for a 10 minute break.
1:42:00119:30:52] 3. Alley Vacation Requcst - Block 51 Northern Pacific Addition,
Intent to Vacate approved on August 7, 2006 (Kerr)
1 :42:08 [21 :58:38] Motion and Vote - It was moved by Cr. Becker, seconded by Cr.
Kirchhoff to open and continue the Alley Vacation Request - Block 51 Northern
Pac~fic Addition to September 25, 2006.
Those votin!! Ave bein!! Crs. Becker. Kirchhoff. Jacobson and Mavor Krauss.
Those votin!! No bein!! none.
The motion carried.
1:42:26 [19:32:41] 4. Street Vacation Request - Portion of Old Highland Boulevard,
Intent to Vacate approved on August 7, 2006 (Kerr)
1 :42:39 [21 :48:56] Motion and Vote ~ It was moved by Cr. Kirchhoff, seconded by Cr.
Jacobson, to open and continue the Street Vacation Request - Portion of Old Highland
Boulevard to September 25, 2006.
Those votine: Ave beine: Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss.
Those votine: No bein2 none.
The motion carried.
1:43:01 [19:33:21] I.
Action Items
1 :43:03 [19:33:51] 1.
Resolution 3954 - 911 Mill Levy (Hess)
1:43:14 [19:37:55] Presentation - Ben Hess 911 Director
Ben Hess, 911 Director, discussed CUlTent and future funding for 911 with the
Commission
2:07:25 [19:43:50] Chris Kuku1ski City Manager discussed information relating to the
911 mill levy.
2:24:54 [19:57: 16] Public Comment ~ David Smith
David Smith of the Bozeman Area Chamber of Commerce reiterated the importance of
911 funding.
2:30:08 [19:57:40] Public Comment - Michael Delanev
Michael Delaney mentioned the possihility of a use fee for 911.
2:32:03 [19:57:41 J Motion - It was moved by Cr. Becker, seconded by Cr. Rupp, to
endorse the passage o.fthe countywide 9-1-1 Service Mill Levy and upon passage by the
voters o.f Gallatin County the City commits to decrease the City's mill levy by 9 mills in
Fiscal Year 2008.
2:39:11 [21:43:14] Vote
[It was moved by Cr. Becker, seconded by Cr. Rupp to endorse the passage of the
countywide 9-1-1 Service Mill Levy and upon passage by the voters of Gallatin County
the City commits to decreasc thc City's milllcvy by 9 mills in Fiscal Year 2008.]
Those votill!! Ave beinl! Crs. Rupp, Kirchhoff, Jacobson, Becker and Mavor Krauss.
Those votinl! No beinl! none.
The motion carried.
2:41:06 [20: 14: 111 J.
Non-Action Items
2:41: 11 [20:22:33] 1.
INFORMAL
Village Terraces Concept PUD, #Z~06190 (Windemaker)-
2:41:21 [21:45:00] Staff Report
Contract Planner Lynette Windemaker presented the staff report.
3:07:08 [20:35:51] Applicant - Michael Delaney
Michael Delaney spoke in favor of the Village Terraces Development.
3: 11 :50 [20:40: 19] Applicant - Anthony Rens10w
Anthony Renslow resides at 193 Candle Lane and spoke in favor of the Village Terraces.
3:31:43 [20:50:41] 2.
(Saunders)
Manufactured Home Community locations and R-MH Zoning
3:31 :57 [20:51 :00] Staff Report
Planning Director Andy Epple presented the staff report.
3:34:41 [20:57:05] 3.
FYIJDiscussi on
3:34:48 [21:04:38] FYI - Andy Epple
Andy Epple notified the Commissioners about an upcoming LEED Workshop that
educates about green building practices. He also mentioned that the Transportation
Coordinating Committee has decided that traffic signals, not traffic circles, are more
appropriatc in local development. Also, he informed the Commission about a petition
they may rcccive relating to the Lincoln Park Condominiums.
3:43:27 [21:19:17] FYI - Debbie Arkell
Ms. Arkell informed the Commission about a sewer backup over the weekend and the
hard work of City staff to resolve the problem. She also stated that the watershed tour
was cancelled due to fire.
3:49:03 [21:23:31] FYI- Paul Luwe
Chris Saunders is prepared to make a presentation about 1-154. Mr. Luwe inquired about
scheduling thc presentation.
3:51:23 [21:28:34] FYI - Ron Brey
Mr. Brey informed the Commission ahout the upcoming Book Brigade Sunday, October
8, 2006.
3:55:36[21:31:06] FYI - Becker
Commissioner Becker confirmed the meeting times of the Solid Waste District Meetings
at 6:00 pm on the third Wednesday of every month.
3:57:01 [21:35:16] K. Adjournment
Mayor Krauss adjourned the meeting at 9:35 PM.
_~ .r--
Br'it F()otenot, City Clerk
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ATTEST:
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PREPARED BY:
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Stuart Bernard, Deputy City Clerk
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