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Home My WebLink About2007-01-16, Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 16, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Tuesday, January 16,2007, at 5:00 PM. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. JeffRupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul Luwe, Assistant City Attorney Tim Cooper and City Clerk Brit Fontenot. 0:16:05 [17:03:52] A. Call to Order - 5:00 PM - Community Room, Gallatin County Courthouse, 311 West Main 0:16:08 [17:04:28] B. Pledge of Allegiance and Moment of Silence 0:16:51 [17:04:53] C. Work Session - 5:00 PM - 6:00 PM - Local Government Study Commission Report Implementation Recommendations Present and representing the Local Government Study Commission were Loren Olsen, Chair, Harold Fryslie, Brian Close and Marilou Turrentine. 0: 17:38 [17:05:28] Mr. Olsen Mr. Olsen called the LGSC meeting to order. The City Commission and the Local Government Study Commission discussed the charter implementation. Mayor Krauss called for a 5 minute break. 1:21:43 [17:57:31] D. Public Service Announcement City Clerk Brit Fontenot informed the Commission and the public about the availability of digital packets and other Commission related material on the City of Bozeman website (www.bozeman.net). City Manager Chris Kukulski informed the Commission and the public about recent work by the Streets Department and Streets Superintendent John Van Delinder to coordinate plowing and other street information with neighborhood groups bye-mail. 1:26:30 [17:58:10] E. Minutes - December 14, 2006 Policy Meeting, January 8, 2007 1:26:42 [ ] Motion and Vote to approve the minutes of December 14,2006 Policy Meeting, January 8, 2007 4 It was moved by Cr. Becker. seconded by Cr. RUDD. to amend the January 8. 2007 minutes correctinf! a tvDOf!raDhical error and aDDrove the minutes of December 14. 2006 Policy Meetinf! and the amended minutes of January 8. 2007. Those votinf! Aye beinf! Crs. Becker. RUDD. Kirchhoff. Jacobson and Mayor Krauss. Those votinf! No beinf! none. The motion carried 5 - O. 1:27:37 [18:10:50] F. Consent 1. Authorize payment of claims (LaMeres) 2. Approve the Monthly Building Report for December 2006 - Building Inspection Division (Poulsen) 3. Approve Legends at Bridger Creek II Park Master Plan #P-06009A (Windemaker) 4. Adopt Resolution 3991, Intent to create SILD # 689 Diamond Estates #2 Phases 1-2 (Shannon) 5. Adopt Resolution 3992 authorizing participation in the Montana Municipal Insurance Authority Employee Benefits Program (Rosenberry) 6. Approve Traditions Subdivision, Phase 1 Final Plat (Cooper) 1 :27:42 [21 :52:57] Public Comment Mayor Krauss called for public comment on the consent agenda. No person commented. 1:27:54 [21:54:11] Motion and Vote to approve Consent items 1- 6. It was moved by Commissioner RUDD. seconded by Cr. Kirchhoff. to aDDrove Consent items 1 - 6. Those votinf! Ave beinf! Crs. RUDD. Kirchhoff. Jacobson. Becker and Mayor Krauss. Those votinf! No beinf! none. The motion carried 5 - O. 1:28:10 [18:15:43] 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 was also an opportunity in conjunction with each agenda item for comments pertaining to that item. 1 :28:44 [18: 16:52] Public Comment - Stacv Jackson Ms. Jackson resides at 1523 Alder Court in Bozeman and suggested that the City add provisions to the Unified Development Ordinance which would aid in situations such as hers where proposed increases to density and dramatic changes to established neighborhoods could be disallowed by neighborhood petitions. 1:32:35 [18:17:23] H. Action Items 2 5 1:32:38 [18:17:36] 1. Little Bear House Zone Map Amendment, #Z-06249 (Sanford) 1:32:44 [18:18:01] Staff Report Planning Director Andy Epple presented the staff report 1:34:24 [18:22:03] Applicant - Brian Hamer The Applicant, Brian Hamer, appeared on his own behalf. 1:35:03 [18:23:03] Public Comment Mayor Krauss called for public comment. No person commented. 1:37:58 [18:23:36] Motion to approve the municipal zoning designation of R-S for the Little Bear House, #Z-06249. It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to auurove the municiual zoninf! desif!nation of R-S (Residential Suburban District) for the Little Bear House. #Z-06249. 1:38:19 [ ] Friendly Amendment - Mayor Krauss Mayor Krauss offered a friendly amendment to Cr. Kirchhoffs motion addinf! an instruction to waive the fees for Zone Mau Amendment on a reauulication if a solution is found. 1 :40:34 [ ] Vote to approve the municipal zoning designation of R-S for the Little Bear House, #Z-06249, including friendly amendment. rIt was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to auurove the municiual zoninf! desif!nation of R-S (Residential Suburban District) for the Little Bear House. #Z-06249.1 rFriendly Amendment: Mayor Krauss offered a friendly amendment to Cr. Kirchhoffs motion addinf! an instruction to waive the fees for Zone Mau Amendment on a reauulication if a solution is found.l Those votinf! Aye beinf! Crs. Kirchhoff. Jacobson. Becker. Ruuu and Mayor Krauss. Those votinf! No beinf! none. The motion carried 5 - O. 1:40:46 [18:23:47] 2. Park and Recreation Advisory Board Appointments (Bernard) 1:40:52 [18:24:28] Motion to reappoint David Cook, Sandy Dodge and Sue Henning to the Recreation and Parks Advisory Board. Actinf! as a Commissioner (f!avel handed to Mayor Pro Tem Jacobson). Mayor Krauss motioned. seconded bv Cr. Becker. to reauuoint David Cook. Sandy Dodf!e and Sue Henninf! to the Recreation and Parks Advisory Board. 1:41:46 [18:25:05] Public Comment 3 6 Mayor Pro Tem Jacobson called for public comment. No person commented. 1:41:49 [18:27:26] Vote on motion to reappoint David Cook, Sandy Dodge and Sue Henning to the Recreation and Parks Advisory Board. rActinf! as a Commissioner (f!avel handed to Mayor Pro Tem Jacobson). Mayor Krauss motioned. seconded by Cr. Becker. to reauuoint David Cook. Sandy Dodf!e and Sue Henninf! to the Recreation and Parks Advisory Board.l Those votinf! Aye beinf! Mayor Krauss. Crs. Becker. Ruuu. Kirchhoff and Jacobson. Those votinf! No beinf! none. The motion carried 5 - O. 1:42:07 [18:30:24] 3. Exit Conference for financial audit of Fiscal Year 2005-2006 (LaMeres) 1 :42:33 [18:30:42] Introduction Finance Director Anna Rosenberry introduced Kyla Stafford of the firm of Anderson Zermuelen. 1:43:04 [18:31:20] Kyla Stafford Kyla Stafford of the firm of Anderson Zermuelen presented the financial audit report of Fiscal Year 2005-2006. 1:53:16 [18:38:40] Motion and Vote to accept the Comprehensive Annual Financial Report for FY 2005-2006. It was moved by Cr. Jacobson. seconded by Cr. Becker. to acceut the Comurehensive Annual Financial Reuort for FY 2005-2006. Those votinf! Aye beinf! Crs. Jacobson. Becker. Ruuu. Kirchhoff and Mayor Krauss. Those votinf! No beinf! none. The motion carried 5 - O. 1:53:49 [18:39:33] 4. Request for Letter of Support from City Commission: Thomas Development/West Winds Community application to State of Montana for Low Income Housing Tax Credits (Roberty) 1 :54: 11 [18:41: 16] Applicant Request Thomas Mannschreck, owner of Thomas Development, 413 West Idaho Street, Boise, Idaho introduced his request for a letter of support from the City Commission in regards to the West Winds Community application to State of Montana for Low Income Housing Tax Credits. 2:01:57 [18:46:14] Public Comment Mayor Krauss called for public comment. No person commented. 4 7 2:02:23 [18:46:21] Applicant's response 2: 17:47 [19:01 :38] Motion to provide a letter of support from the City Commission to Thomas Development/West Winds Community application to State of Montana for Low Income Housing Tax Credits. It was moved by Cr. Becker. (Cr. Kirchhoff uassed) seconded by Cr. Jacobson. to urovide a letter of suuuort from the City Commission to Thomas Develoument/W est Winds Community auulication to State of Montana for Low Income Housinf! Tax Credits. 2: 18:28 [21 :50: 19] Commissioner Ruuu abstained from offerinf! a second to Cr. Becker's motion. Commissioner Ruuu is a member of the Montana Board of Housinf! and will be votint! on this develoument in the future he stated he would abstain from the motion and vote. 2:24:50 [19:06:05] Vote on motion to provide a letter of support from the City Commission to Thomas Development/West Winds Community application to State of Montana for Low Income Housing Tax Credits. rIt was moved by Cr. Becker. (Cr. Kirchhoff uassed) seconded by Cr. Jacobson. to urovide a letter of suuuort from the City Commission to Thomas Develoument/W est Winds Community auulication to State of Montana for Low Income Housinf! Tax Credits.l Those votinf! Aye beinf! Crs. Becker and Mayor Krauss. Those votinf! No beinf! Crs. Jacobson and Kirchhoff. Those abstainint! beint! Cr. Ruuu. The vote tied 2 -2. Commissioner Ruuu voted No to break the tie. The motion failed 3 - 2. 2:25:35 [19:06: 18] 5. Ware Fence Sketch/Certificate of Appropriateness with Deviation, #Z- 06089 (Krueger) 2:26:45 [19:08:02] Break Mayor Krauss called for a break. 2:45:48 [19:09:26] Call to order Mayor Krauss called the meeting to order. 2:45:52 [19:10:59] Staff Report Planning Director Andy Epple presented the staff report on behalf of Planner Brian Krueger. 2:54:57 [19:33:07] Applicant Mr. Christopher Grey appeared for the applicant, Mr. Bill Ware. 3:04:32 [19:34:25] Public Comment Mayor Krauss called for public comment. No person commented. 5 8 3:05:36 [19:36:40] Motion to approve the Ware Fence Sketch Plan and Certificate of Appropriateness application #Z-06089 as conditioned by Planning Staff. It was moved by Cr. Ruuu. seconded by Cr. Kirchhoff. to auurove the Ware Fence Sketch Plan and Certificate of Auurouriateness auulication #Z-06089 as conditioned by Planninf! Staff. 3:07:02 Substitute Motion to approve the Ware Fence Sketch Plan and Certificate of Appropriateness application #Z-06089. It was moved by Cr. Ruuu. seconded by Cr. Kirchhoff. to auurove the Ware Fence Sketch Plan and Certificate of Auurouriateness auulication #Z-06089. 3:13:46 [20:01:18] Applicant Christopher Grey appeared for the applicant. 3: 17 :21 [20:02 :45] Commissioner Becker - Friendly Amendment Commissioner Becker suggested the inclusion of Condition 3: 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 ofthe Bozeman Unified Development Ordinance. 3:17:46 [21:46:561 Acceutance of the Friendly Amendment Commissioner Rupp accepted the friendly amendment to include approval with Condition 3: 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, seconded by Cr. Kirchhoff. 3:25:35 [20:04:55] Vote to approve the Ware Fence Sketch Plan and Certificate of Appropriateness application #Z-06089, including Condition 3. ru was moved by Cr. Ruuu. seconded by Cr. Kirchhoff. to auurove the Ware Fence Sketch Plan and Certificate of Auurouriateness auulication #Z-06089. includint! Condition 3: This uroiect shall be constructed as auuroved and conditioned in the Certificate of Auurouriateness with deviations auulication. Any modifications to the submitted and auuroved drawinf!s shall invalidate the uroiect's auuroval unless the auulicant submits the urouosed modifications for review and auuroval by the Deuartment of Plannint! urior to undertakinf! said modifications. as required by Section 18.64.110 of the Bozeman Unified Develoument Ordinance.l 6 9 Those votinf! Aye beint! Crs. Kirchhoff and Jacobson. Those votinf! No beint! Crs. Rupp. Becker and Mayor Krauss. The motion failed 2-3. 3:27:25 [20:05:08] Motion and Vote to approve the Ware Fence Sketch Plan and Certificate of Appropriateness application #Z-06089 including Conditions 1 and 3 from the staff report. It was moved by Cr. Becker. seconded by Cr. Rupp. to approve the Ware Fence Sketch Plan and Certificate of Appropriateness application #Z-06089 includinf! conditions 1 and 3 from the staff report. Those votinf! Aye beint! Crs. Becker. Kirchhoff. Jacobson and Mayor Krauss. Those votinf! No beint! Cr. Rupp. The motion carried 4 - 1. 3:29:37 [20:08:55J 6. Amendments to Title 18, Unified Development Ordinance, of the Bozeman Municipal Code #Z06263 (Windemaker) 3:31:24 [20:08:59] Staff Report Assistant Planning Director Chris Saunders and contract planner Lanette Windemaker presented the staff report. 3:49: 17 [20:32: 18] Public Comment Mayor Krauss called for public comment. No person commented. 3:50:30 [20:33:57] Motion and Vote to continue the hearing on Amendments to Title 18, Unified Development Ordinance, of the Bozeman Municipal Code, #Z06263, to Monday, January 22, 2007. It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to continue the hearinf! on Amendments to Title 18. Unified Development Ordinance. of the Bozeman Municipal Code. #Z06263. to Monday. January 22. 2007. Those votint! Aye beint! Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss. Those votint! No beint! none. The motion carried 5-0. 3:51:12 [20:34:43] I. FYI/Discussion 3:51:17 [20:35:03] 1. Discussion of Big Box Fund (Rosenberry) 3:51:50 [20:36:03] Staff Report Finance Director Anna Rosenberry presented the staff report. 4:08:55 [20:42:44] Public comment 7 10 Mayor Krauss called for public comment. 4:09:08 [20:44:02] Public Comment - Lowell SorinJ!er Lowell Springer resides in Bozeman and stated he was on the task force and was part of the Home Depot approval process. 4: 11 :07 [20:44:03] Public Comment - Thomas Mannschreck Thomas Mannschreck stated that those big box jobs created are mostly those for income qualified [affordable housing] homes. 4: 13: 19 [20:44:04] Public Comment - Caren Robertv Caren Roberty is a member of CAHAB and stated that other organizations will soon be requesting big box funds. 4:35:14 [21:19:07] Motion to appoint Crs. Rupp and Becker to a sub-committee to determine the decision criteria for awarding big box funds. It was moved by Cr. Kirchhoff. seconded by Mayor Krauss. that Crs. Rupp and Becker form a sub-committee to determine the decision criteria for awardint! bit! box funds. 4:38:00 Vote to appoint Crs. Rupp and Becker to a sub-committee to determine the decision criteria for awarding big box funds. rIt was moved by Cr. Kirchhoff. seconded by Mayor Krauss. that Crs. Rupp and Becker form a sub-committee to determine the decision criteria for awardint! bit! box funds.l Those votinf! Aye beinf! Crs. Kirchhoff. Jacobson. Becker. Rupp and Mayor Krauss. Those votinf! No beinf! none. The motion carried 5-0. 4:38:48 [21:19:58] FYI - City Clerk Mr. Fontenot reminded the Commission that the next meeting will take place at City Hall. Additionally, he requested schedule updates from the Commissioners. 4:40:20 [21:20:26] FYI - Mr. Kukulski Mr. Kukulski requested the presence of Commissioners at the upcoming budget hearings. 4:42:46 [21 :20:39] Commissioner Jacobson Commissioner Jacobson stated that she attended most of the 2006 budget hearings. 4:43:04 [21:21:13] Mayor Krauss Mayor Krauss stated his preference for a 4 PM to 6 PM meeting schedule. 4:51:51 [21:24:25] FYI - Mr. Kukulski Mr. Kukulski reminded the Commission that the residency ordinance will be before the Commission next week. 8 11 4:55:29 [21:33:36] FYI - Mr. Kukulski Informed the Commission about Senate Bill 215 (changing cap on 1/2 inflation rate on 3 yr. rolling average to equal to the inflation rate). 5:02:12 [21:37:59] J. Adjournment Mayor Krauss adjourned the meeting at 9:55 PM. AITEST: - ,- _ .~/ /- =----------",-. '.' - " - . " ~,-< --". ~ - ~ "-.. ---. >~:--.. ~ .../: ::' Je7!fPL'~ Approved on 2/S-!dT , 9 12