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HomeMy WebLinkAbout2008-01-14 Regular Meeting Minutes LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 14,2008 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, January 14,2008 at 6:00 p.m. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, and Cr. JeffRupp, City Manager Chris Kukulski, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, Director of Finance Anna Rosenberry, and City Clerk Stacy Ulmen. 0:09:35 A. Call to Order - 6:00 p.m. - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Jacobson called the meeting to order. 0:09:41 B. Pledge of Allegiance and a Moment of Silence 0:10:16 Mayor Jacobson Mayor Jacobson asked City Manager Chris Kukulski ifthere were any changes to the agenda. 0: 1 0: 19 Chris Kukulski, City Manager Mr. Kukulski stated that a Public Service Announcement will take place regarding the Storm Water Update. Due to the local paper's error in the time of the meeting, which advertised the meeting starting at 7 p.m. instead of6 p.m., the board appointments (items E. 8-12), will be moved to the first action items. 0: 11 :59 Public Senrice Announcement- 2008 Storm Water Update Dustin Johnson, Project Engineer for the City of Bozeman gave a Public Service Announcement regarding the 2008 Storm Water Update. 0:17:16C. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign the Hilltop Tank Painting Contract Change Order No.1 with Western Industrial, Inc. (Heaston) 3. Authorize City Manager to sign the Manley Road and Griffin Drive Public Street and Utility Easements (Skelton) 4. Authorize City Manager to sign Tract 4 and 5 Public Street and Utility Easements, Tract 4 and 5 Utility Easements, and Tract 5 Water and Sewer Pipeline and Access Easement and Agreement for the Cahill Annexation (Heaston) 1 Bozeman City Commission Meeting, Janumy /4, 2008 5. Approve Resolution No. 4092, Intent of Street Name Change from Blackwood Road within Meadow Creek Subdivision Phase 1 in the City of Bozeman to Schaaf Street (Kerr) 6. Approve the 19th Capital Group Annexation #A-07006 with the 17 Recommended Terms of Annexation listed on Pages 2-5 of the Staff Report, and direct Staffto prepare an Annexation Agreement for Signature by the Parties (Krueger) 7. Approve the Monthly Building Report for December 2007 (Doerksen) 8. Finally adopt Ordinance No. 1734, Revising Chapter 5.32 of the Bozeman Municipal Code, pertaining to Regulation of Pawn and Secondhand Shops (Knight) 9. Ratify the Commission's January 7, 2008 vote to approve Consent item #4: "Approve Resolution No. 4010, East Gallatin Recreation Area and Old City of Bozeman Landfill Annexation #A-06017 and authorize City Manager to sign the East Gallatin Recreation Area Annexation Agreement (Knight)" (Ulmen) 0: 17:23 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:17:32 Motion and Vote to approve Consent items 1-9. It was moved bv Cr. Becker. seconded bv Cr. Rupp to approve Consent items 1-9. Those votina! Ave beina! Crs. Becker. Rupp. Bryson. Krauss. and Mavor Jacobson. Those votina! No beina! none. The motion carried 5-0. 0:17:56 D. Public Comment Mayor Jacobson opened public comment. 0:18:29 Lynn Bacon-Public Comment PBS & J representative and wet land scientist Lynn Bacon of3810 Valley Commons Drive Suite 4, stated that she is seeking support of funding efforts for purchasing a wetlands area located on East Main. Ms. Bacon stated that this particular area is one ofthe best wetland areas in the state. Ms. Bacon asked that the Commission schedule this issue on a future meeting agenda. 2 Bozeman City Commission Meeting, .Janumy 14, 2008 0:22:12 Ted Lange-Public Comment Gallatin Valley Land Trust representative Ted Lange of25 North Wilson, spoke regarding the East Main wetlands area. Mr. Lange stated that he would like the Commission to take a conceptual position, supporting acquisition of the wetlands area. 0:26: 14 Bob Chase- Public Comment Mr. Chase of South Black Avenue, spoke regarding issues of theft and damage to his personal property. He is requesting more police patrol in his area. 0:30:37 Mayor Jacobson Mayor Jacobson closed public comment. 0:31: 17 E. Action Items 0:31:188. (Re)Appointments to the Recreation and Parks Advisory Board (Delaney) 0:31 :35 Motion and Vote to reappoint Gene Brooks, Robert Wade, and Teresa Baldus. It was moved by Cr. Krauss, seconded by Cr. Rupp to reappoint Gene Brooks, Robert Wade, and Teresa Baldus to the Recreation and Parks Advisory Board. Those votine: Aye beine: Crs. Krauss, Rupp, Bryson, Becker, and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 0:33:05 Motion and Vote to appoint Wendy Pierce to the Recreation and Parks Advisory Board. It was moved by Cr. Rupp, seconded by Cr. Bryson to appoint Wendy Pierce to the Recreation and Parks Advisory Board. Those votine: Ave beine: Crs. Rupp, Bryson. Krauss. Becker, and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 0:34:32 Motion to approve (appoint) Adam Fruh and Elizabeth Davis as the two Student representatives on the Board. It was moved by Cr. Bryson, seconded by Cr. Krauss to approve (appoint) Adam Fruh and Elizabeth Davis as the two Student representatives on the Board. 0:34:39 Discussion 3 Bozeman City Commission Meeting, January 14, 2008 0:34:48 Vote to approve (appoint) Adam Fruh and Elizabeth Davis as the two Student representatives on the Board. Those votin!! Ave bein!! Crs. Bryson. Krauss. RUPD. and Mavor Jacobson. Those votin!! No bein!! Cr. Becker. The motion carried 4-1. 0:35:049. (Delaney) (Re)Appointments to the Public Transit Stakeholders' Advisory Board 0:35:13 Motion and Vote to appoint David Smith to the Public Transit Stakeholders' Advisory Board. It was moved bv Cr. Krauss. seconded bv Cr. Becker to appoint David Smith to the Public Transit Stakeholders' Advisory Board. Those votin!! Ave bein!! Crs. Krauss. Becker. RUDD. Bryson and Mavor Jacobson. Those votin!! No bein!! none. The motion carried 5-0. 0:35:30 Cr. Rupp Cr. Rupp clarified that the Commission was looking at the wrong applicant for the Public Transit Stakeholders' Advisory Board and that it was actually Carol Shannon who was seeking reappointment to this board, not David Smith. 0:36:25 Motion Withdrawn to appoint David Smith to the Public Transit Stakeholders' Advisory Board. Cr. Krauss withdrew his motion to aDPoint David Smith to the Public Transit Stakeholders' Advisory Board. 0:36:43 Motion and Vote to reconsider the motion moved by Cr. Krauss, seconded by Cr. Becker to appoint David Smith to the Public Transit Stakeholders' Advisory Board. It was moved bv Cr. Krauss. seconded bv Cr. Becker to reconsider the motion moved bv Cr. Krauss. seconded bv Cr. Becker to appoint David Smith to the Public Transit Stakeholders' Advisory Board. Those votin!! Ave bein!! Crs. Krauss. Becker. RUPD, Bryson. and Mavor Jacobson. Those votin!! No bein!! none. The motion carried 5-0. 4 Bozeman City Commission Meeting, January 14,2008 0:37:18 Motion and Vote to reappoint Carol Shannon to the Public Transit Stakeholders' Advisory Board. It was moved by Cr. Becker. seconded by Cr. RUDD to reaDDoint Carol Shannon to the Public Transit Stakeholders' Advisorv Board. Those votine: Aye beine: Crs. Becker. RUDD. Brvson. Krauss. and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 0:37:35 10. (Re) Appointments to the City-County Board of Health (Delaney) 0:37:59 Motion and Vote to reappoint Buck Taylor to the City-County Board of Health. It was moved by Cr. Brvson. seconded by Cr. RUDD to reaDDoint Buck Taylor to the Citv- Countv Board of Health. Those votine: Aye beine: Crs. Brvson. RUDD. Krauss. Becker. and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 0:39:03 Motion and Vote to appoint Cr. Bryson as the City Commissioner voting member to the City-County Board of Health. It was moved by Cr. RUDD. seconded by Cr. Krauss to aDDoint Cr. Brvson as the Citv Commissioner votine: member to the Citv-Countv Board of Health. Those votine: Aye beine: Crs. RUDD. Krauss. Becker. Brvson. and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 0:39:2111. (Re) Appointments to the Transportation Coordinating Committee (Delaney) 0:39:28 Motion and Vote to reappoint David Smith to the Transportation Coordinating Committee It was moved by Cr. Krauss. Seconded bv Cr. Becker to reaDDoint David Smith to the TransDortation Coordinatine: Committee. Those votine: Aye beine: Crs. Krauss. Becker. RUDD. Brvson. and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 5 Bozeman City Commission Meeting, Janum:v 14, 2008 0:39:53 12. (Re) Appointments to the Bozeman Area Bicycle Advisory Board (Delaney) 0:39:59 Motion and Vote to reappoint Jon Henderson, David Baumbauer, and Scott Urban (to the Bozeman Area Bicycle Advisory Board). It was moved bv Cr. Becker. seconded bv Cr. Rupp to reappoint Jon Henderson. David Baumbauer. and Scott Urban (to the Bozeman Area Bicvcle Advisory Board). Those votine Ave beine Crs. Becker. Rupp. Bryson. Krauss. and Mavor Jacobson. Those votine No beine none. The motion carried 5-0. 0:41 :08 Motion and Vote to appoint Britta Caldwell to the Bozeman Area Bicycle Advisory Board (the staggered two year term). It was moved bv Cr. Becker. seconded bv Cr. Krauss to appoint Britta Caldwell to the Bozeman Area Bicvcle Advisory Board (the staeeered two vear term). Those votine Ave beine: Crs. Becker. Krauss. Rupp. Bryson. and Mavor Jacobson. Those votine: No beine none. The motion carried 5-0. 0:41 :52 Motion and Vote to appoint Zac Collins to the Bozeman Area Bicycle Advisory Board (to the one year term). It was moved bv Cr. Rupp. seconded bv Cr.Krauss to appoint Zac Collins to the Bozeman Area Bicvcle Advisory Board (to the one vear term). Those votine Ave beine: Crs. Rupp. Krauss. Becker. Bryson. and Mavor Jacobson. Those votine No beine none. The motion carried 5-0. 0:44:1013. Proposed Amendment to Ordinance No. 1727, Rules of Procedure, regarding Section 2.04.040, F. Policy Meetings (Kukulski) 0:46:03 Motion to adopt the language in the (Commission memo) report. (Amend the language within Ordinance No. 1727 regarding Section 2.04.040, F. Policy Meetings, striking "The Commission may hold a policy meeting on the second and fourth Thursday of the month. The policy meetings shall be held in the City Commission Meeting Room, City Hall, 411 East Main Street Bozeman, Montana from 12:30 P.M. to 2:00 P.M. or other time designated by the Commission", and replacing the statement with "The Commission 6 Bozeman City Commission Meeting, Januwy J 4, 200t? may periodically hold Policy Meetings. The frequency, time, and location of such will be determined by the Commission as set forth in resolution "). It was moved bv Cr. Rupp. seconded bv Cr. Bryson to amend the ordinance and adopt the lane:uaS!e in the (Commission memo) report. (Amend the lan!!ua!!e within Ordinance No. 1727 re!!ardin!! Section 2.04.040. F. Policv Meetine:s. strikine: "The Commission mav hold a policv meetin!! on the second and fourth Thursdav of the month. The policv meetin!!s shall be held in the City Commission Meetin!! Room. City Hall. 411 East Main Street Bozeman. Montana from 12:30 P.M. to 2:00 P.M. or other time desi!!nated bv the Commission". and rcplacin!! the statement with "The Commission mav periodicallv hold Policv Meetine:s. The freQuencv. time. and location of such will be determined bv the Commission as set forth in resolution "). 0:46: 15 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 0:46:37 Cr. Krauss Cr. Krauss stated that he noted in the Rules of Procedure the ending time of meetings as 11 :00 p.m. 0:47:08 Cr. Krauss Cr. Krauss suggested that the ending time be changed back to the ending time of 10:00 p.m. 0:50:07 Vote on the motion to amend the ordinance and adopt the language in the (Commission memo) report. (Amend the language within Ordinance No. 1727 regarding Section 2.04.040, F. Policy Meetings, striking "The Commission may hold a policy meeting on the second and fourth Thursday of the month. The policy meetings shall be held in the City Commission Meeting Room, City Hall, 411 East Main Street Bozeman, Montana from 12:30 P.M. to 2:00 P.M. or other time designated by the Commission", and replacing the statement with "The Commission may periodically hold Policy Meetings. The frequency, time, and location of such will be determined by the Commission as set forth in resolution "). Those votin!! Ave beinS! Crs. Rupp. Krauss. Becker. Bryson. and Mavor Jacobson. Those votin!! No bein!! none. The motion carried 5-0. 0:50: 19 Mr. Kukulski Mr. Kukulski stated that it has been suggested that Policy meeting days be changed to the second and fourth Wednesdays at noon. 7 Bozeman City Commission Meeting, Januwy /4, 2008 0:51:38 MayorJacobson Mayor Jacobson suggested that because the Ordinance change will not be in effect for 30 days, Special Policy meetings should be scheduled for those items that are scheduled to be discussed. 0:55:307. Billion Property Zone Map Amendment #Z-07261 (Riley) 0:55:31 Andy Epple, Planning Director Mr. Epple gave the Staff presentation. 1 :05:06 Kirston Emborg, Applicant's Representative Ms. Emborg gave the applicant presentation. 1 :09:21 Joe Billion, Applicant Mr. Billion added to the applicant presentation. 1: 11 :37 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 1 :17:42 Motion and Vote to approve the Billion Property Zone Map Amendment #Z-07261 as proposed with the two recommended Zone Map Amendment contingencies listed in Zoning Commission Resolution #Z-07261. It was moved bv Cr. Bryson. seconded bv Cr. Krauss to approve the Billion Property Zone Map Amendment #Z-07261 as proposed with the two recommended Zone Map Amendment contin!!encies listed in Zonin!! Commission Resolution #Z-07261. Those votin!! Ave bein!! Crs. Bryson. Krauss. Rupp and Mavor Jacobson. Those votin!! No bein!! Cr. Becker. The motion carried 4-1. 1 :19:301. Curbside Recycling Program (Johnson) 1 :19:56 Steve Johnson, Superintendent of the Solid Waste Division Mr. Johnson presented a power point presentation regarding a proposed curbside recycling program. 2:00:27 Public Comment Mayor Jacobson opened public comment. 8 Bozeman City Commission Meeting, Janum:v 14, 2008 2:00:39 Jason Schnieder-Public Comment Mr. Schnieder of 341 Valley Grove Drive, stated that he owns Triple L Recycling, LLC. He does not agree with the City competing with private recycling businesses. 2:05:15 Elizabeth Roberts Williamson-Public Comment Ms. Roberts of 405 South 5th, spoke regarding implementing a free recycling program. She supports a $3 mandate fee for recycling. She has concerns regarding the commercial aspect of recycling. 2:08:13 Aoril Johnston- Public Comment Ms. Johnston of 907 North Aster Avenue, spoke regarding her concern of debris around the current recycling sites. She supports paying for curbside recycling. 2:11 :32 Julia Sabol-Public Comment Ms. Sabol, 104 Grant Chamberland Drive, stated that she does not get curbside garbage pickup and asked that the stationary sites not be neglected. 2: 13 :00 Public Comment closed. 2:46:35 Motion to Introduce Curbside recycling at $10 per month, limited to the City of Bozeman waste customers, with an evaluation in 12 months. It was moved by Cr. Becker, seconded by Cr. Krauss to introduce Curbside Recvcline: at $10 per month, limited to the City of Bozeman waste customers. with an evaluation in 12 months. 2:46:53 Discussion 2:58:52 Vote on the Motion to introduce Curbside Recycling at $10 per month, limited to the City of Bozeman waste customers, with an evaluation in 12 months. Those votine: Aye beine: Crs. Becker. Krauss, Rupp, Brvson. and Mayor Jacobson. Those votine: No beine: none. The motion carried 5-0. 2:59:03 Break 3:16:252. Finally adopt Ordinance No. 1730, Amendments to Chapter 3.24 Impact Fees, to incorporate the Transportation Impact Fee Study (Saunders) 9 Bozeman City Commission Meeting, January /4, 2008 3: 16:44 Chris Saunders, Assistant Planning Director Mr. Saunders stated that the Commission has a revised version of Ordinance No. 1730. The Ordinance has been revised to show clarifications based on public comment and the language implementing the impact fees at 60% that the Commission approved on December 10,2007. 3 :31 :07 Public Comment Mayor Jacobson opened public comment. 3 :31: 19 Chris Budeski-Public Comment Mr. Budeski of 315 Sheridan Avenue, spoke regarding the Commission's provisional adoption of the 60% implementation of Transportation Impact Fees. 3:33 :58 Kvle Leonard- Public Comment Mr. Leonard of 370 Prospector Trail, stated that he is not currently a City resident. He and his wife have been looking at property within the City of Bozeman. He stated that if the Commission implements the impact fee at 100%, he will look elsewhere. He is not in favor of the Commission implementing the impact fees at 100%. 3:37:13 Bill Fiedler-Public Comment Mr. Fiedler of 1228 Buckrake Avenue, stated that he owns the business called Distinctive Lighting and is frustrated because he feels he is in competition with the City. The more money that goes towards impact fees, the less ability he has to be a good employer and to have the employees he wants to have. 3:39:36 Eueene Graf-Public Comment Mr. Graf of 3300 Graf Street #77, spoke regarding affordable housing, sprawl, and the increase cost of living. He would like the Commission to maintain the transportation impact fee at the current level. 3 :42:08 Dennis Carlson. Public Comment Mr. Carlson, representative for the Gallatin Association of Realtors, read an email from an affiliate emphasizing that if impact fees go higher, it will drive people to Belgrade and other surrounding areas. Mr. Carlson stated that higher fees have never helped the economy. 3:44:22 Eric Rosette-Public Comment Mr. Rosette of 4205 Benepe Street, stated he is a small, local homebuilder and that ifthe City raises the impact fee he will not be able to build housing in Bozeman. 3:45:27 Public Comment closed. Mayor Jacobson closed public comment. 10 Bozeman City Commission Meeting, JanuUl)' /4, 2008 3:46:05 Motion of the final adoption of Ordinance No. 1730, Amendments to Chapter 3.24 Impact Fees, to incorporate the Transportation Impact Fee Study. It was moved bv Cr. Rupp. seconded by Cr. Bryson. the final adoption of Ordinance No. 1730. Amendments to Chapter 3.24 Impact Fees. to incorporate the Transportation Impact Fee Study. 3:46:33 Mr. Saunders Mr. Saunders asked that a defined effective date be included in the motion and that it is recommended to be February 16,2008. 4:04:51 Vote on the Motion of the final adoption of Ordinance No. 1730, Amendments to Chapter 3.24 Impact Fees, to incorporate the Transportation Impact Fee Study. Those votin!! Ave beine: Crs. Bryson. Krauss. and Becker. Those votin!! No beine: Cr. Rupp and Mayor Jacobson The motion carried 3-2. 4:05:233. 19th Capital Group Zone Map Amendment #Z-07251 (Krueger) 4:06:27 Andy Epple, Planning Director Mr. Epple gave the Staff presentation. 4:09:12 Matt Cotterman, Applicant representative Mr. Cotterman from C & H Engineering gave the applicant's presentation. 4:09:42 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:09:56 Motion to approve the 19th Capital Zone (Group) Map Amendment, with the initial designation of B-2 subject to the contingencies listed in the Staff Report. It was moved by Cr. Bryson. seconded by Cr. Krauss to approve the 19th Capital Zone (Group) Map Amendment. with the initial desie:nation of B-2 subiect to the contine:encies listed in the Staff Report. 4:10:15 Discussion 11 Bozeman City Commission Meeting, January 14,2008 4: 1 0: 19 Vote on the Main Motion to approve the 19th Capital Zone (Group) Map Amendment, with the initial designation of B-2 subject to the contingencies listed in the Staff Report. Those votin!!: Aye bein!!: Crs.Bryson. Krauss. Becker. Rupp. and Mayor Jacobson. Those votin!!: Nobein!!: none. The motion carried 5-0. 4:10:394. Baxter Meadows Planned Unit Development Phase 2B Preliminary Plat Approval, Second Extension #P-03042 (Windemaker) 4:10:49 Lanette Windemaker, Contract Planner Ms. Windemaker gave the staff presentation explaining that a prior extension was given a year ago. 4:12:16 Eric Nord, Applicant Representative Mr. Nord from Crist Law firm gave the applicant presentation. 4: 16:31 Keith Waring, Applicant Representative Mr. Waring of Thomas, Dean, and Hoskins continued the applicant presentation. Mr. Waring spoke regarding the issues surrounding financial guarantees. 4:21:07 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4 :21: 18 Discussion 4:32:20 Motion and Vote to approve granting the second one-year preliminary plat approval extension, so that would mean 2 years of extensions, for the Baxter Meadows Planned Unit Development Phase 2B Preliminary Plat #P-03042, subject to receipt within 30 days of grant of extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for 150% of the engineer's estimated costs if all remaining improvements including subdivision requirements. It was moved by Cr. Krauss. seconded by Cr. Becker to approve !!:rantin!!: the second one- year preliminary plat approval extension. so that would mean 2 years of extensions. for the Baxter Meadows Planned Unit Development Phase 2B Preliminary Plat #P-03042. subiect to receipt within 30 days of !!:rant of extension of an executed City of Bozeman 12 Bozeman City Commission Meeting. January /4. 2008 Improvements Ae:reement and a Letter of Credit for 150% ofthe ene:ineer's estimated costs for all remainine: improvements includine: subdivision requirements. Those votine: Aye beine: Crs. Krauss. Rupp. Bryson. and Mayor Jacobson. Those votine: No beine: Cr. Becker. The motion passed 4-1. 4:33:405. Baxter Meadows Planned Unit Development Phase 2E Preliminary Plat Approval, Second Extension #P-03042 (Windemaker) 4:33:56 Lanette Windemaker, Contract Planner Ms. Windemaker gave the staff presentation. 4:36:31 Eric Nord, Applicant Representative Mr. Nord from Crist Law firm gave the applicant presentation. 4:37:51 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:37:59 Motion to grant second one-year preliminary plat approval until February 2, 2009, subject to receipt within 30 days of grant of extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for 150% of the engineer's estimated costs of all remaining improvements (including subdivision requirements, pun requirements and private sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. It was moved by Cr. Becker. seconded by Cr. Rupp to e:rant second one-year preliminary plat approval extension or until February 2. 2009. subiect to the receipt within 30 days of e:rant of extension of an executed City of Bozeman Improvements Ae:reement and a Letter of Credit for 150% of the ene:ineer's estimated costs of all remainine: improvements (includine: subdivision requirements. pun requirements and sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. 4:38:39 Discussion 4:38:42 Vote on the Main Motion to grant second one-year preliminary plat approval until February 2, 2009, subject to receipt within 30 days of grant of extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for 150% of the engineer's 13 Bozeman Ci(v Commission Meeting, Janum:v 14,2008 estimated costs of all remaining improvements (including subdivision requirements, PUD requirements and private sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. Those votine: Aye beine: Crs. Rupp. Bryson. Krauss. and Mayor Jacobson. Those votine: No beine: Cr. Becker. The motion carried 4-1. 4:38:586. Baxter Meadows Planned Unit Development Phase 2F Preliminary Plat Approval, Second Extension #P-03042 (Windemaker) 4:39:16 Lanette Windemaker, Contract Planner Ms. Windemaker gave the Staff presentation. Staff has recommended denial. 4:40:32 Keith Waring, Applicant Representative Mr. Waring of Thomas, Dean, and Hoskins presented the applicant presentation. 4:43:06 Public Comment Mayor Jacobson opened public comment. No person commented. Mayor Jacobson closed public comment. 4:43:21 Motion to extend for the second one year the preliminary plat for #P-03042. It was moved by Cr. Rupp. seconded by Cr. Bryson to extend for the second one year the preliminary plat for #P-03042. 4:44:07 Amendment to the main motion to extend for the second one year the preliminary plat for #P-03042, to add the requirement that the approval is subject to the receipt within 30 days of grant of extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for 150% of the engineer's estimated costs of all remaining improvements (including subdivision requirements, PUD requirements and sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. It was moved by Cr. Krauss. seconded by Cr. Bryson to add the requirement that the approval is subiect to receipt within 30 days of e:rant of extension of an executed City of Bozeman Improvements Ae:reement and a Letter of Credit for 150% of the ene:ineer's estimated costs of all remainine: improvements (includine: subdivision requirements. PUD requirements and private sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. 4:44:56 Discussion 14 Bozeman City Commission Meeting, Janumy 14,2008 4:45:00 Vote on the Amendment to the main motion to add the requirement that the approval is subject to receipt within 30 days of grant of extension of an executed City of Bozeman Improvements Agreement and a Letter of Credit for 150% of tli't engineer's estimated costs of all remaining improvements (including subdivision requireme~ts, PUD requirements and private sidewalks) in accordance with Sections 18.06.040 and 18.74.060 of the Bozeman Municipal Code. Those votin!! Ave bein!! Crs. Krauss. Bryson. and Mavor Jacobson. Those votin!! No bein!! Crs. Becker. and RUDD. The motion carried 3-2. 4:45: 19 Vote on the Main Motion to extend for the second one year the preliminary plat for #P-03042. Those votin!! Ave bein!! Crs. Bryson. Krauss. and Mavor Jacobson. Those votin!! No bein!! Crs. RUDD. and Becker. The motion carried 3-2. 4:45:44 F. FYI/Discussion 4:45:45 1. Proposed City Commission Work Session, Tuesday, February 19,2008 (Kukulski) Mr. Kukulski stated that even though Monday, February 18,2008 is a Holiday, he suggested that a work session take place that day instead of Tuesday, February 19,2008 regarding the Commission Goal Setting Work Session. 4:47:39 Mr. Kukulski Mr. Kukulski stated that he will put the item on the next agenda so the Commission has an opportunity to confirm the 18th after they check their schedules. 4:48:09 G. Adjournment Mayor Jacobson adjourned the meeting at 10:52 p.m. l~~ 15 Bozeman Ci(y Commission Meeting, January 14,2008 ATTEST: D ~" ~00 Stacy U.1 .; CIty Clerk PREPARED BY: ~~ Approved on ~YL((;t~ :25 :;).rro g f 16