HomeMy WebLinkAboutApril 7, 2008 Minutes1
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 7, 2008
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, April 7, 2008 at 5:30 p.m. Present were Deputy
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Eric Bryson, and Cr. Jeff Rupp, City Manager Chris
Kukulski, Planning Director Andy Epple (after the Executive Session), City Attorney Paul Luwe,
Assistant City Attorney Tim Cooper, and City Clerk Stacy Ulmen.
A. Call to Order – Executive Session – 5:30 p.m. – Community Room, Gallatin
County Courthouse, 311 West Main Street
Deputy Mayor Krauss called the Executive Session to order.
B. Executive Session – 5:30 p.m.-6 p.m. – Litigation Strategy
*This portion of the meeting was closed to the public to discuss litigation strategy: Baxter Meadows
Lawsuits.
0:02:01 C. Call to Order – Regular Meeting – 6 p.m.
Deputy Mayor Krauss called the Regular Meeting to order at 6:12 p.m.
0:02:12 D. Pledge of Allegiance and a Moment of Silence
0:02:50 Changes to the Agenda
Deputy Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda.
0:02:57 Chris Kukulski, City Manager
Mr. Kukulski stated that there are changes to the agenda. It has been requested that item K.2
Hastings Shopping Center/Bozeman Shopping Center Site Plan, LLC Notice of Violation
#Z-04047 be granted a 30 day extension and be removed from tonight's agenda.
0:03:38 E. Authorize the Absence of Mayor Jacobson
0:03:39 Motion and Vote to Authorize the Absence of Mayor Jacobson
It was moved by Cr. Becker, seconded by Cr. Rupp to Authorize the Absence of Mayor
Jacobson.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
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0:03:52 F. Public Service Announcement – National Citizens' Survey Focus Groups
(Fontenot)
0:03:58 Brit Fontenot, Neighborhood Coordinator
Mr. Fontenot spoke regarding the National Citizens' Survey Focus Groups
0:05:18 G. Minutes – February 19, 2008 Goal-Setting Work Session, March 14, 2008
Joint City-Town/County Meeting, and March 17, 2008.
0:05:26 Motion and Vote to approve the February 19 Goal Setting Work Session Minutes,
the March 14, Joint Meeting with the City (-Town) and County, and the regular March 17,
(2008) minutes.
It was moved by Cr. Rupp, seconded by Cr. Bryson to approve the February 19 Goal
Setting Work Session Minutes, the March 14 Joint Meeting with the City(-Town) and
County, and the regular March 17, (2008) Minutes.
Those voting Aye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:05:48 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign the State of Montana Bozeman Certified Local
Government 2008-2009 Grant Agreement (Bristor)
3. Authorize City Manager to sign Public Access Easement and Sewer and Water
Pipeline and Access Easement and Agreement for the Crooked Creek Condos
Project (Heaston)
4. Authorize City Manager to sign Right-of-Way Agreement, Bargain and Sale
Deed, Realty Transfer Certificate, and DNRC Water Right Ownership Update
from the City of Bozeman to Montana Department of Transportation for the South
19th Babcock to Kagy Project (Kerr)
5. Authorize City Manager to sign Public Street and Utility Easement for the 19th
Capital Group Annexation #A-07006 (Krueger)
6. Approve Story Mill Neighborhood Planned Unit Development Findings of Fact
and Order #Z-07159 (Epple)
7. Approve Story Mill Neighborhood Major Subdivision Findings of Fact and Order
#P-07032 (Epple)
8. Approve Resolution No. 4098, 19th Capital Group Annexation #A-07006 and
authorize City Manager to sign 19th Capital Group Annexation Agreement
(Krueger)
9. Approve Corrected Resolution No. 4010, East Gallatin Recreation Area and Old
City of Bozeman Landfill Annexation #A-06017 (Knight)
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10. Award the Bid for One New 2009 60,000 lb gvwr Tandem Axle Truck with a
Refuse Packer Body to Rocky Mountain Truck Center (Johnson)
11. Finally adopt Ordinance No. 1741, Maple Terrace Zone Map Amendment #Z-
07267 (Knight)
12. Finally adopt Ordinance No. 1742, Revising Chapter 2.76, Cemetery Section 030
of the Bozeman Municipal Code to add Two At-large, Non-designated Members
(Brey)
13. Ratify City Planning Board Bylaws (Epple)
14. Provisionally adopt Ordinance No. 1743, 19th Capital Group Zone Map
Amendment #Z-07251 (Krueger)
0:05:50 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:06:02 Motion and Vote to approve Consent Items H. 1-14.
It was moved by Cr. Bryson, seconded by Cr. Becker to approve Consent Items H. 1-14.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:06:17 I. Public Comment
Deputy Mayor Krauss opened public comment.
0:06:33 Brian Leland-Public Comment
Mr. Leland of 528 North Bozeman stated that he is the City Appointee for City County Board of
Health but is speaking on his own behalf. Mr. Leland requested that a Public Service
Announcement regarding idling vehicles be presented at a Commission meeting. He urged the
Commission to enact an anti-idling Ordinance and to place signs downtown educating the public
on the issue.
0:09:18 Public Comment closed.
Deputy Mayor Krauss closed public comment.
0:09:26 J. Special Presentation – Safe Routes to School Plans Update (Joe Gilpin,
ALTA Planning and Design)
0:09:46 Joe Gilpin, ALTA Planning and Design
Mr. Gilpin presented a power point presentation regarding the Safe Routes to School Plans
Update.
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0:14:29 Cr. Bryson
Cr. Bryson asked if the Bozeman Public Schools were part of the funding sources.
0:14:39 Mr. Gilpin
Mr. Gilpin stated that they were not although they have been involved from an oversight
prospective.
0:15:17 Cr. Becker
Cr. Becker asked how the Safe Routes meshes with the Transportation plan.
0:15:22 Mr. Gilpin
Mr. Gilpin stated that infrastructure needs will be broken down by project and identified in the
Transportation plan.
0:16:41 Cr. Becker
Cr. Becker asked if ALTA is addressing any critical incident concerns for schools such as getting
kids in and out of the school areas.
0:16:52 Mr. Gilpin
Mr. Gilpin spoke about accident data that was reviewed.
0:18:31 Public Comment
Deputy Mayor Krauss opened public comment.
No person commented.
Deputy Mayor Krauss closed public comment.
0:18:51 K. Action Items
0:18:56 1. Taco Del Mar Conditional Use Permit with Certificate of Appropriateness
#Z-08036 (Knight)
0:19:02 Andy Epple, Planning Director
Mr. Epple presented the Staff report regarding the Taco Del Mar Conditional Use Permit with
Certificate of Appropriateness. They are asking for a cabaret license.
0:20:26 Public Comment
Deputy Mayor Krauss opened public comment.
0:20:51 Jeff Stevens, Applicant
Mr. Stevens spoke regarding the operating hours of the facility.
0:21:26 Public Comment
Deputy Mayor Krauss opened public comment.
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No person commented.
Deputy Mayor Krauss closed public comment.
0:21:49 Motion and Vote to approve the Certificate of Appropriateness and Conditional
Use Permit for Taco Del Mar as conditioned by Staff.
It was moved by Cr. Becker, seconded by Cr. Rupp to approve the Certificate of
Appropriateness and Conditional Use Permit for Taco Del Mar as conditioned by Staff.
Those voting Aye being Crs. Becker, Rupp, Bryson, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:22:13 3. Appointment to the Tree Advisory Board (Delaney)
0:22:31 Motion and Vote to appoint Mike Haugh to the Tree Advisory Board.
It was moved by Cr. Rupp, seconded by Cr. Bryson to appoint Mike Haugh to the Tree
Advisory Board.
Those voting Aye being Crs. Rupp, Bryson, Becker, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:22:45 4. (Re)Appointment to the Audit Committee (Delaney)
0:22:50 Motion and Vote to appoint Sue Becker to the Audit Committee.
It was moved by Cr. Bryson, seconded by Cr. Becker to appoint Sue Becker to the Audit
Committee.
Those voting Aye being Crs. Bryson, Becker, Rupp, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:23:04 5. Appointment to the Senior Citizens Advisory Board (Delaney)
0:23:09 Motion and Vote to approve Patricia Phillips (to the Senior Citizens Advisory
Board).
It was moved by Cr. Becker, seconded by Cr. Rupp to approve Patricia Phillips (to the
Senior Citizens Advisory Board).
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Those voting Aye being Crs. Becker, Rupp, Bryson, and Deputy Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:23:22 L. FYI/Discussion
0:23:24 1. Status of Appeal of Montana Pollutant Discharge Elimination System
(MPDES) Permit for Water Reclamation Facility (WWTP) (Arkell)
0:23:39 2. Request from Dr. Joseph Shaw, Director of the Optical Technology Center at
Montana State University, regarding scheduling a Special Presentation in order to present
to the Commission photographs and measurements that illustrate successful and
unsuccessful examples of outdoor lighting in Bozeman (Ulmen)
The Commission agreed that they would like this item to be scheduled on a future agenda.
0:24:59 3. Reminder of Policy Meeting on Wednesday, April 9, 2008 (Kukulski/Ulmen)
0:27:09 4. Swimming Upstream Awards
Deputy Mayor Krauss stated that Cr. Bryson will be presented a Swimming Upstream Award.
This will take place at the Community Room, Gallatin County Courthouse at 6:30 p.m. on
Thursday. Ulmen will notice the meeting.
0:27:55 M. Adjournment
Deputy Mayor Krauss adjourned the meeting at 6:36 p.m.
___________________________________
Jeff Krauss, Deputy Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
_____________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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