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HomeMy WebLinkAbout2006-09-05 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 5,2006 ***************************** 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 ~ ATTEST: ~ -=.::..:.~..... . --.._~- -....-......... ~LJ- PREPARED BY: ~~-- Stuart Bernard, Deputy City Clerk - . ( CJ.). Q crz K-. (~ uo pgAOJddy