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HomeMy WebLinkAboutDecember 17, 2007 MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 17, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, December 17, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Sean Becker, City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. 0:15:44 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:07 pm. 0:15:46 B. Pledge of Allegiance and a Moment of Silence 0:16:57 Changes to the Agenda - Chris Kukulski, City Manager Mr. Kukulski stated that there has been some discussion about opening and continuing item G2, the Pertzborn Residence Certificate of Appropriateness, but he hasn't yet been able to verify that with Mr. Pertzborn. 0:17:34 Mayor Krauss Mayor Krauss explained Cr. Rupp's absence and said Cr. Rupp is trying to make it back for this meeting. 0:17:51 C. Public Service Announcement - Climate Protection Task Force Update (Baker) 0:18:06 Hattie Baker, Sustainability Coordinator Ms. Baker gave an update on the progress of the Climate Protection Task Force. 0:22:08 D. Minutes - September 4, 2007, September 10, 2007, September 17, 2007, November 16, 2007 Joint City-County Meeting, November 19, 2007, and November 26, 2007 0:22:12 Motion and Vote to approve the Minutes of September 4, 10, 17, November 16, 19, and 26 (2007). It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the Minutes of September 4, 10, 17, November 16, 19, and 26 (2007). Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. 4 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Those absent being Cr. Rupp. The motion carried 4-0. 0:22:32 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Authorize City Manager to sign Amendment No. 1, Professional Services Agreement for Great West Engineering regarding the Mandeville Farm Industrial Subdivision (Murray) 3. Authorize City Manager to sign the Lyman Creek Reservoir Improvements Project Professional Services Agreement with Morrison- Maierle, Inc. (Murray) 4. Authorize City Manager to sign the Public Street and Utility Easements for Stucky Road, South 27th Avenue, and Graf Street for the Meadow Creek III and IV Annexation (Krueger) 5. Authorize City Manager to execute Appropriate Settlement Documents related to Harbour vs. City (Luwe) 6. Authorize Payment of Costs incurred by MDEQ during the Period of October 2007 regarding Buttrey's Solvent Site (Luwe) 7. Acknowledge Receipt of and set Public Hearing for the Capital Improvement Plan (Rosenberry) 8. Acknowledge Receipt of the Update on Ordinance No. 1554, Living Wage Ordinance (Berg) 9. Approve Final Plat of Cottage Partners Minor Subdivision (Cooper) 10. Approve Monthly Building Report for November 2007 (Doerksen) 11. Approve Ratification of the Inter-Neighborhood Council (INC) Bylaws (Fontenot) 12. Approve Resolution No. 4085, Establishing a Fee Schedule for Reservation of Public Parks for Group Activities (Dingman) 13. Approve Resolution No. 4087, Adopting by Reference the Parks, Recreation, Open Space and Trails (PROST) Plan (Sanford) 14. Approve Resolution No. 4088, Authorizing the City Manager to sign Change Order No. 1 with Dick Anderson Construction, Inc. for the Water Reclamation Facility Phase I Early Out (Murray) 15. Approve Resolution No. 4089, Meadow Creek Phase III and IV Annexation #A- 06015 (Krueger) 16. Approve Ratification of City Manager’s Signature on Planning Fee Schedule Engagement Letter with AZ & Company (Rosenberry) 17. Approve Beer and Wine or Liquor License Renewals for Calendar Year 2008 (Neibauer) 18. Award Bid for Side-Load Refuse Packer (Johnson) 19. Provisionally adopt Ordinance No. 1735, Meadow Creek Phase III and IV Zone Map Amendment #Z-06274 (Krueger) 0:22:36 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:23:01 Motion and Vote we approve those items E 1-19 on the Consent agenda. 5 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, we approve those items E 1-19 on the Consent agenda. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried 4-0. 0:23:17 F. Public Comment Mayor Krauss opened public comment. 0:24:20 Jim Rivenes - Public Comment Mr. Rivenes, of 5B Gallatin Drive, who opposed the Iraq Resolution, stated that he doesn't think it is the City Commission's business to be involved, and the Commission doesn't represent him at a federal level. 0:28:01 Ted Campbell - Public Comment Mr. Campbell, of 712 Doney Way, who opposed the Iraq Resolution, stated that the US is engaged in a global struggle against literalist Islam, and he asked the Commission not to stain themselves with this abominable resolution. 0:32:03 Sherry Coffin - Public Comment Ms. Coffin, of 45 Peaks View Drive, who opposed the Iraq Resolution, recited her family's military history, and she believed this resolution is completely out of the purview of the City Commission, and that it is arrogant to think that this will come to any fruition. 0:33:26 Keith McCormick - Public Comment Mr. McCormick, of 3300 Graf Street, who supported the Iraq Resolution, gave his military background and stated that he doesn't think there is anything more significant that the City Commission can do than to pass this resolution and send this message. 0:34:59 Bob Roughton - Public Comment Mr. Roughton, of 180 Tower Road in Belgrade, who supported the Iraq Resolution, is a proud veteran and member of Peaceseekers, and he stated that one way for Americans to best express their will is when the cities represent the views of the majority. 0:37:26 Aimee Kissel - Public Comment Ms. Kissel, of 1002 South 15th Avenue, who supported the Iraq Resolution, stated that she wants to support servicemen and women by saying this is enough and no to this war on false pretenses, and urged the Commission to support democracy at the local level. 0:38:40 Craig Schnurbusch - Public Comment Mr. Schnurbusch, of North 15th Avenue, who opposed the Iraq Resolution, stated that this resolution should never be entertained by this body, and the Commission is not addressing numerous things because they are acting in this game of foolishness. 6 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 0:40:45 Alanna Brown - Public Comment Ms. Brown, of 601 South 9th Avenue, who supported the Iraq Resolution, stated that the greatest challenge of Christianity is to love thy neighbor as thyself, but leaders who flaunt a personal relationship with Christ have led us to harm, kill, and disrupt a Muslim nation. 0:42:42 Don Kreitz - Public Comment Mr. Kreitz, of Fairway Drive, who opposed the Iraq Resolution, stated that the Commission has got to do something about the brutal winter weather in Bozeman because they are spending valuable time and dollars on a silly resolution that gets us nowhere. 0:45:29 Maire O'Neill - Public Comment Ms. O'Neill, of 6877 Fowler Lane, commented on the PROST PLAN as a founding member of the Gallatin Equestrian Partnership. She reiterated that no rural or equestrian uses have been considered or added into the Plan since the October meeting. 0:48:15 Maryanne Amsden - Public Comment Ms. Amsden, of 5588 Patterson Road, commented on the PROST Plan. They have been very busy since the October meeting getting additional supporters, including 21 non-profit equestrian organizations in the Gallatin Valley. 0:50:19 Public Comment closed. Mayor Krauss closed public comment. 0:50:31 G. Action Items 0:50:33 1. Resolution No. 4073, Relating to Tax Increment Renewal Bonds, Series 2007 (Downtown Bozeman Improvement District); Ratifying the Sale and Prescribing the Form and Terms Thereof and the Security Therefore (Rosenberry) 0:50:42 Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. 0:50:52 Cr. Jacobson became Mayor Pro Tem. Mayor Krauss turned the gavel over to Mayor Pro Tem Jacobson and left the room. 0:57:00 Mayor Krauss returned. Mayor Krauss returned to his seat and role as Mayor. 0:57:08 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:57:20 Motion and Vote that we approve Resolution No. 4073, Relating to Tax Increment Renewal Bonds, Series 2007, ratifying the sale and prescribing the form and terms thereof and the security therefore. 7 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 It was moved by Cr. Jacobson, seconded by Cr. Becker, that we approve Resolution No. 4073, Relating to Tax Increment Renewal Bonds, Series 2007, ratifying the sale and prescribing the form and terms thereof and the security therefore. Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried 4-0. 0:58:17 2. Pertzborn Residence Certificate of Appropriateness with Deviations #Z- 07248 (Bristor) 0:58:59 Mayor Krauss Mayor Krauss asked the applicant about deferring this item. 0:59:37 Rob Pertzborn, Applicant Mr. Pertzborn stated that he wants to do this item tonight. 1:00:12 Allyson Bristor, Associate Planner and Historic Preservation Officer Ms. Bristor presented the final draft of the staff report. 1:02:36 Cr. Rupp entered. Cr. Rupp entered the meeting. 1:13:27 Rob Pertzborn, Applicant Mr. Pertzborn, of 111 North Tracy representing himself from 518 North Tracy, handed out to the Commission the "Applicant's Requested Edits to Staff Conditions." He said there is nothing in "the shack" worth saving, and the shed could fall at any minute. He described the new house and garage design and disagreed with many parts of the staff report. 1:27:15 Public Comment opened. Mayor Krauss opened public comment. 1:27:23 Jefff Ieronimo - Public Comment Mr. Ieronimo, of 429 North Black, immediately south of the property in question, stated that he wasn't impressed with the "subjective assessment" of the staff report. He said this building is a dump with no historical significance. Mr. Pertzborn plans on building two great structures. 1:31:13 Brian Caldwell - Public Comment Mr. Caldwell, of 733 South Tracy, discussed how this project can be reviewed considered an appropriate proposal. He feels this is an excellent example of today's architecture, and doesn't want to have photocopied home designs that can't evolve. He supported this project. 1:34:22 Public Comment closed. Mayor Krauss closed public comment. 1:34:41 Mr. Pertzborn 8 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Mr. Pertzborn referenced the handout that had his desired updates to the conditions, and he wants them to approve this project as well as both deviations. 1:36:13 Public hearing closed. Mayor Krauss closed the public hearing. 1:45:14 Mayor Krauss Mayor Krauss stated that he is inclined to grant the deviation requests and conditional approval with conditions as revised by applicant. He stated that this is good architecture, and he knows it when he sees it. 1:51:44 Motion to approve COA/DEV Z-07248 with requested deviations, modifying staff conditions to include amendments as presented by applicant in the 12-17-07 memo provided this evening. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve COA/DEV Z-07248 with requested deviations, modifying staff conditions to include amendments as presented by applicant in the 12-17-07 memo provided this evening. 1:52:02 Mayor Krauss Mayor Krauss noted for the record that the applicant's 12-17-07 handout strikes portions of a number of conditions, and the handout will be needed to see those changes. The "no comments" on the handout means that conditions stand as staff has written them. 1:52:34 Vote to approve COA/DEV Z-07248 with requested deviations, modifying staff conditions to include amendments as presented by applicant in the 12-17-07 memo provided this evening. [It was moved by Cr. Becker, seconded by Cr. Rupp, to approve COA/DEV Z-07248 with requested deviations, modifying staff conditions to include amendments as presented by applicant in the 12-17-07 memo provided this evening.] Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Revised Conditions of Approval including the approved "Applicant's Requested Edits to Staff Conditions" memo from 12-17-07: 1. Prior to issuance of a demolition/building permit, the applicant shall perform the following documentation of the existing structures: a. Exterior and interior BW photographs (minimum size of 4"x6") of all existing structures, presented in both print and digital formats (on a CD-R). b. Scaled elevations of all existing structures. c. Final update to the Historical & Architectural Inventory file for 433 North Black Avenue. 9 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 The architecture description and condition will be updated, as well as the additional historic research. The Historic Preservation Officer will direct the applicant to the appropriate paperwork for the update. Prior to release of the Certificate of Appropriateness, the applicant shall submit the documentation materials to the Department of Planning for final review and approval by Administrative Design Review Staff. 2. Prior to issuance of a demolition/building permit, the applicant shall salvage suitable building materials of the existing house and detached shed. The applicant may choose to salvage materials at his personal expense (personal storage, etc.), or he may offer them for trade and/or sale to the public (newspaper ad, etc.). Prior to release of the Certificate of Appropriateness, the applicant shall submit documented proof to the Department of Planning of the selected salvage method, for final review and approval by Administrative Design Review Staff. 3. The applicant shall submit additional information to the Department of Planning that addresses the following issues, for final review and approval by Administrative Design Review Staff: a. Scaled street elevations that show the height and massing of the houses in the immediate neighborhood. b. A scaled elevation (either north or south) that shows both the principal single-household and accessory structure. c. Scaled section(s) of the house's loft/storage area. Please clarify how that space will be accessed from the second floor. d. Scaled section(s) showing the proposed sidewall heights of the garage's second floor. 4. The applicant shall submit to the Department of Planning revised materials that reflect the following changes, for final review and approval by Administrative Design Review Staff: a. On the Sheets A1.1 - A1.3, an identified "Tree Protection Zone" around the existing trees proposed to remain on the property and in the street boulevard shall be added, with a notation that states: "Trees will not be damaged by equipment during construction." b. On the Sheets A3.1 and A3.2, a notation shall be added that states: "Foundation of the new construction will follow existing site contours." c. The proposed retaining walls shall not exceed 36 inches in height. d. On sheets A3.1 and A3.2, a notation shall be added that states: "All proposed glazing should be non-reflective and translucent." 5. The garage may be located closer to the alley as shown on the proposed site plan, but shall have a maximum footprint of 884 square feet. 6. Prior to issuance of any type of a demolition/building permit, the applicant shall submit a color palette for the building to the Department of Planning, which includes actual material samples and color chips. The materials/color palette shall be presented on a board no larger than 24" x 36" and contain all the primary materials to be utilized on the building including window/storefront frames and doors (entry, garage, and service). All final building elevations shall be keyed to the color palette to delineate where each 10 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 individual building material and color is specified. The materials/color palette shall be subject to final design review and approval by Administrative Design Review Staff. 7. Any existing city sidewalk panels along N. Black that are damaged shall be replaced. 1:52:45 Mayor Krauss Mayor Krauss declared a five minute break. 1:52:52 Break 2:07:44 3. Bus Shelter Presentation (Scott Hedglin, AIA, Dowling Sandholm Architects; and Lisa Ballard, P.E., Streamline Coordinator) 2:08:26 Andy Epple, Planning Director Mr. Epple introduced Lisa Ballard and Scott Hedglin who will give a presentation about the status of bus shelters that are needed for the growing bus system. 2:10:39 Lisa Ballard, Streamline Coordinator Ms. Ballard talked about the success of Streamline's ridership numbers. She asked the Commission for decisions on funding, sponsorship, and shelter design. 2:12:35 Scott Hedglin, Dowling Sandhom Architects Mr. Hedglin described the well-attended bus shelter design workshop in November and the issues that were addressed. 2:15:34 Cole Robertson, MSU School of Architecture Mr. Robertson talked about the components of the project: sponsorship, the community context element, and the interchangeable parts and components. 2:26:58 Mr. Hedglin Mr. Hedglin said that the important question is whether or not advertising is going to be a funding source for the bus shelters: yes or no for advertising. If so, a market analysis will show how much these bus shelters will cost, which will drive the design. 2:28:17 Mr. Epple Mr. Epple said that advertising is currently not allowed under the sign code. If they want to change that, the Commission needs to direct staff to amend the sign code. 2:32:22 Gary Walrack, Chandler Communications Mr. Walrack, of 4123 4th Avenue South, Great Falls, stated that Chandler Communications will pay for it all over the long haul (liability, insurance, construction, maintenance, service) in return for advertising. Chandler would have posters on the bus shelters that are taken from vintage designs, with no phone number or address. 2:39:20 Public Comment opened. Mayor Krauss opened public comment. 11 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 2:39:28 Betsy Babbley - Public Comment Ms. Babbley, of 11 West College Street, stated that she uses the bus quite often and feels quite exposed. She wants to see a clock in each bus shelter. She is willing to be a poster girl for bus stop advertising. 2:41:00 Craig Schnurbusch - Public Comment Mr. Schnurbusch, of North 15th, stated that Streamline hasn't proven it's viable. As a taxpayer he doesn't want to pay for free rides. Don't spend over $100,000 on shelters until you start charging riders and see community participation. 2:42:37 Mary Vanthull - Public Comment Ms. Vanthull, of 416 East Story, stated that everybody is going to pay for increased traffic in town one way or the other. If you don't pay for bus stops and buses with taxes, you will pay in larger traffic jams. 2:43:29 Alanna Brown - Public Comment Ms. Brown, of 601 South 9th Avenue, stated that she is aware that larger cities with public transportation advertise community services and the arts. She wants the Commission to decide what they want to say about the community in an advertising plan. 2:45:10 Sherry Coffin - Public Comment Ms. Coffin, of 43 Peaks View Drive, stated that if something sounds too good to be true, it probably is. The City might be turning over control of what that advertising actually is. She is concerned about who would control it and how to deny inappropriate advertising. 2:46:39 Chris Budeski - Public Comment Mr. Budeski, of 315 Sheridan Avenue, read a letter representing the Urban Transportation Stakeholder's Advisory Board showing support in the placement of the bus shelters and using advertising to financially support them. The City could control the advertising. 2:47:42 Public Comment closed. Mayor Krauss closed public comment. 2:48:10 Mr. Walrack Mr. Walrack clarified that all design copy that goes into the shelters would be approved in advance by Vicki Hassler at the Planning Dept. He stated that they gladly give space to non- profits. 2:51:28 Mayor Krauss Mayor Krauss noted for the record that Cr. Rupp is sitting in the back for this discussion; he is sitting this one out because of his involvement with Streamline. 2:51:44 Cr. Becker Tonight Cr. Becker wants to provide direction to staff, the ad-hoc advisory board, Chandler, and any other interested parties to pursue a business plan that includes build-out, timing, design 12 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 specifications (that were brought up tonight), advertising, maintenance, etc., assuming an eventual amendment to the sign code. Direct staff to bring forth an agenda item so we can make a decision on the sign code. 2:54:15 Ms. Ballard Ms. Ballard said she doesn't know where money would come from if they don't get sponsorships. 2:55:25 Mayor Krauss Mayor Krauss stated that he thinks we proceed with entering into a contract with Mr. Walrack. He is ready to move forward with the original advertising ordinance that we had drafted and enable Mr. Walrack, the City, and Streamline to go into business together to get these bus shelters built and move our bus system forward. 2:57:05 Cr. Jacobson Cr. Jacobson expressed concerns about the length of the term of the contract. 2:57:16 Mayor Krauss Mayor Krauss reassured Cr. Jacobson that we will let them enter into those negotiations and come back to us with a business plan. 2:57:53 Mayor Krauss Mayor Krauss said he thinks they need to address Cr. Jacobson's concern in the contract, the performance issues in the contract. 2:58:04 Three thumbs up given to proceed. Mayor Krauss, Cr. Becker, and Cr. Jacobson gave three thumbs up to support their direction to proceed. 2:58:36 4. Resolution No. 4086, Out of Iraq (Peace Seekers) 2:59:19 Mayor Krauss For public comment, Mayor Krauss asked the pros to come up first (pro-Iraq Resolution), and the cons to come up second (against Iraq Resolution). 2:59:46 Mayor Krauss Mayor Krauss declared a five minute break. 2:59:58 Break 3:07:10 Call to Order Mayor Krauss called the meeting back to order. 3:07:50 Mayor Krauss Mayor Krauss said he wanted to expedite the meeting: there will be 45 minutes to hear from people in favor of this resolution and 45 minutes to hear from those opposed. He asked the public to observe appropriate decorum and respect. 13 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 3:09:34 Franke Wilmer - Public Comment Ms. Wilmer, of Lorelei Drive, who supported the Iraq Resolution, stated that it is always difficult for democracy to go to war, and it always should be. She stated that debates like this do not undermine the morale of the troops; this grassroots democracy is appropriate. 3:14:00 Brady Wiseman - Public Comment Mr. Wiseman, representing the 65th District in the MT House of Representatives, supported the Iraq Resolution. He thanked Cr. Steve Kirchhoff for his service. Hundreds of our constituents are looking for someone in gov't. to say this war is immoral and illegal. 3:16:32 Mary Vanthull - Public Comment Ms. Vanthull, of 416 East Story, who supported the Iraq Resolution, stated that the Commission always considers the health, safety, and welfare of the local people. She said this resolution also concerns local welfare, and this war will impact our children and grandchildren. 3:18:35 Graham Cummins - Public Comment Mr. Cummins, of 1703 West Olive Street Unit 15, who supported the Iraq Resolution, stated that it is neither arrogant nor inappropriate to take a position on international relations. If these decisions are left to authorities in Washington, DC, we will be reduced to an oligarchy. 3:20:20 Drusha Mayhue - Public Comment Ms. Mayhue, of 226 East Koch, who supported the Iraq Resolution, stated that when anything concerns how our tax dollars are spent, then it is the business of the City. We are spending $12 billion each month on this war in Iraq, and this could be spent here. 3:22:16 Ron Pulcini - Public Comment Mr. Pulcini, of 411 West Garfield, who supported the Iraq Resolution, introduced himself in Vietnamese. He described a young Vietnam soldier who later committed suicide. When these men and women come back from Iraq, you're going to see terrible things happen. 3:25:24 Jeannie Gracie - Public Comment Ms. Gracie, 410 North 4th, who supported the Iraq Resolution, urged the Commission to be in support of the peace resolution. She said people have to stand up loudly and be a voice in Washington, DC. 3:25:53 Brie Cummins - Public Comment Ms. Cummins, of 1703 West Olive Street #15, who supported the Iraq Resolution, stated that continuing the war harms all communities through an enormous national debt, the loss of soldiers’ lives and health, and loss of other nations’ goodwill. Represent community damage. 3:26:28 Sheralyn Devries - Public Comment Ms. Devries, of 1330 Mountain Splendor Drive, who supported the Iraq Resolution, stated that what's great about this resolution is that it's non-binding: no new taxes, no PTSD, no separating families, and no locals closing business to serve overseas. It says local people are being harmed. 14 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 3:28:39 Kirsten Valentine - Public Comment Ms. Valentine, of 418 South 3rd Avenue, who supported the Iraq Resolution, stated the Commission's voices are louder than our voices to the government, and our Bozeman voices are heard louder by you. 3:30:47 Richard Gillette - Public Comment Mr. Gillette, of 1122 South 5th, who supported the Iraq Resolution, stated that it is most appropriate that the Commission consider this resolution. Local action is grassroots, democratic, and very American. Leadership is increasingly originating at the local level. 3:32:33 Don Bachman - Public Comment Mr. Bachman, of 3910 Sourdough Road, who supported the Iraq Resolution, described his military experience in Vietnam, and his experience on September 11, 2001. We have a say in how the federal gov't. does its work. It is appropriate to pass this. 3:35:55 Mike Year - Public Comment Mr. Year, of 29 Kane Drive, who supported the Iraq Resolution, stated that in 1970 just back from Vietnam he made a commitment to stand up and say something the next time this country did this. He supports the troops and wants to see them come home. 3:38:43 Donald Mazzola - Public Comment Mr. Mazzola, of 612 North Bozeman, who supported the Iraq Resolution, stated he is fulfilling his responsibility as a citizen. He has decided he wants to change the minds of any who want to vote against this resolution. 3:40:14 Phyllis Bock - Public Comment Ms. Bock, of 1615 South Black, who supported the Iraq Resolution, stated that she stood in front of this courthouse every Saturday before the war started, and urged the Commission to vote in support of this resolution. 3:40:41 Kezia Vernon - Public Comment Ms. Vernon, of 544 North Rouse, who supported the Iraq Resolution, asked the Commissioners to speak in a spirit of compassion, progression, and integrity, and fulfill the City's core values and vote for this resolution. 3:41:07 Bob Nichol - Public Comment Mr. Nichol, of 1615 South Black, who supported the Iraq Resolution, described the impact: shredded Bill of Rights, weakened economy, crippled armed forces, privatized military activities, extended tours of duty, also suicides, desertions, divorce, bankruptcies, family problems. 3:46:04 Charlotte Trollinger - Public Comment Ms. Trollinger, one of the original Peace Seekers who lived in Bozeman for 25 years and now lives in Boulder, supported the Iraq Resolution. She said cities are part of the foundation of democracy, and the Commission has a voice and a responsibility. 3:47:38 Mayor Krauss 15 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Mayor Krauss stated there are eight minutes left of public comment. 3:47:42 Paul Luwe, City Attorney Mr. Luwe stated that in his opinion the Mayor can't limit a group of people to 45 minutes. He recommended that the Mayor extends for both sides an opportunity for each person to speak to the three minute limit. The proceedings can continue, but people can't be denied participation. 3:48:18 Mayor Krauss Mayor Krauss said he will continue the proceedings. 3:48:36 Ashley Kirchhoff - Public Comment Ms. Kirchhoff, of 509 South 5th, who supported the Iraq Resolution, believes in freedom and American values. She doesn't think this war supports our values in any way. It is a very complicated ethnic conflict which we don't have the expertise to mediate. 3:50:29 Max Kirchhoff - Public Comment Mr. Kirchhoff, of 516 South 6th, who supported the Iraq Resolution, said he is struggling to find a reason why we're in Iraq because every reason is a lie. This war affects every person. Passing this resolution is a step in the right direction. 3:51:59 Lain Kay - Public Comment Ms. Kay, of 17630 Big Elk Meadow Road, Gallatin Gateway, who supported the Iraq Resolution, said she has been standing against this war for five years. To force the Iraqi gov't. into action, we need to remove our troops. 3:52:55 Margarita McLarty - Public Comment Ms. McLarty, who recently moved from Bozeman to Pray, MT, who supported the Iraq Resolution, stated that police are struggling for personnel, the MT National Guard doesn't have over half of its equipment, and federal funds are drying up. She presented a 17 page petition. 3:54:31 Glenn Allinger - Public Comment Mr. Allinger, of 112 Westridge Drive, who supported the Iraq Resolution, read a quotation from Dwight Eisenhower. He stated that our national direction affects local priorities and resources, both financial and human. We must bring troops home and rebuild alliances. 3:55:39 Steven Grant - Public Comment Mr. Grant, of 1103 Hunters Way, who supported the Iraq Resolution, stated that he is proud that we have a City Council that has the courage to bring up a resolution like this. 3:56:14 Cara Wilder - Public Comment Ms. Wilder, of 1701 Driftwood Drive, who supported the Iraq Resolution, suggested that in lieu of supporting an amendment calling for the impeachment of George Bush and Dick Cheney for war crimes, she is in support of this resolution to act at the local level. 3:57:06 Collette Kirchhoff - Public Comment 16 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Ms. Kirchhoff, of 516 South 6th, who supported the Iraq Resolution, stated that she is a local doctor who takes care of people who go to war. She said the medical journals estimate it will cost at least $260 billion to take care of returning Iraq soldiers who are sick and scared. 3:58:41 Jesse Vernon - Public Comment Mr. Vernon, of 2893 Sourdough Road, who supported the Iraq Resolution, suggested that if this doesn't pass we should consider a resolution for a draft. For most of us, this is an intellectual debate, and we're not involved in a meaningful way. 3:59:32 Public Comment closed for supporters, and opened for opponents of resolution. After all had spoken in support, Mayor Krauss closed this portion of public comment and opened public comment for opponents of the resolution. 4:00:06 Kelly Wood - Public Comment Mr. Wood, of Woodland Drive, who opposed the Iraq Resolution, stated that it's to the credit of US Marines and taxpayers that 50 million people have been liberated from bondage in Iraq. He asked to give war a chance. 4:04:51 Jeff Marty - Public Comment Mr. Marty, an MSU student and vice president of the MSU College Republicans, who opposed the Iraq Resolution, quoted from an Iraq veteran from Helena, “A surrender resolution is not supporting our troops. . . . This is a blatant slap in our faces.” 4:07:29 Sandy Schnurbusch - Public Comment Ms. Schnurbusch, of 675 North 15th, who opposed the Iraq Resolution, is the mom of a Navy sailor. She said that this resolution grieves her son. Each soldier from Bozeman was expecting his/her community to support them. She wanted to change the resolution’s language. 4:09:13 Dylan Larson - Public Comment Mr. Larson, an MSU student, who opposed the Iraq Resolution, stated that in Helena and Missoula the people voted, not five people voicing their opinion for the entire City. He wanted the Commission to look at snow removal and high school and college safety. 4:11:40 Dan Rittter - Public Comment Mr. Ritter, of 72 Kimball Avenue, who opposed the Iraq Resolution, is a retired Marine who said this resolution will have an impact on the troops. Allow the troops to finish the job. Pass a resolution saying you want the troops to win and be proud. 4:13:46 Dan Biggerstaff - Public Comment Mr. Biggerstaff, of 1409 Ash Drive, who opposed the Iraq Resolution, stated that he was a Navy pilot, but the Commission is voted to take care of concerns of the City. He spoke for six retired professors who want the Commission to do the City's business. 4:15:15 Gerry Lapeyre - Public Comment 17 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Mr. Lapeyre, of 1704 South Willson, who opposed the Iraq Resolution, stated that the emotions expressed tonight do not alter many erroneous facts: this war isn't illegal or immoral, and the president isn't impeachable over this war. The war has turned around. 4:17:36 Eric Bryson - Public Comment Mr. Bryson, of 2738 Harris, who opposed the Iraq Resolution, stated that the Commission representing his interests in US foreign policy is a significant misunderstanding, or ignorance or arrogance. As an elected City Cr., he won't subject the community to politically divisive stunts. 4:20:18 Doug Chapman - Public Comment Mr. Chapman, 5915 Estate Lane in Belgrade, who opposed the Iraq Resolution, said many Gallatin County residents have volunteered for this worthy effort to free oppressed people and suppress evil. He offered alternate language for a new resolution. 4:22:35 Dustin Lucas - Public Comment Mr. Lucas, of 2220 West Main, who opposed the Iraq Resolution, stated that he has done two tours of Iraq. Until you've seen the people we've freed, and the lives we've helped, you have no right to pass a resolution saying that what we're doing there wrong. 4:24:00 Karen Lindell - Public Comment Ms. Lindell, of 416 East Aspen, who opposed the Iraq Resolution, stated that instead of adopting a resolution that encourages the enemy and will cause more harm for soldiers, adopt a resolution that will tell our government to let our soldiers to fight to win. 4:25:18 Monty Bare - Public Comment Mr. Bare, of 2109 South Tracy, who opposed the Iraq Resolution, stated that he is proud to have served in the Air Force. His friends who have served in Iraq say that what we see in the media is not what most people in Iraq are treating our people like. Don’t bring the war into our cities. 4:26:51 Kathi Bare - Public Comment Ms. Bare, of 2109 South Tracy, who opposed the Iraq Resolution, stated that Monty lost his best friend in Vietnam. She said this resolution is way out of line, and she is appalled. What's really going on in Iraq is different from what the Communist News Network reports. 4:27:48 Robert Parker - Public Comment Mr. Parker (didn’t give real name), who opposed the Iraq Resolution, stated that if the US leaves Iraq now, thousands of men, women, and children could be slaughtered. It is irresponsible to invade the country, and now that it’s broken, abandon it to slip back into genocide. 4:28:49 Heidi Dougherty - Public Comment Ms. Dougherty, of 2311 Milkhouse Avenue, who opposed the Iraq Resolution, is the mother and aunt of soldiers. She said it has nothing to do with City Commission business. She said the military had fewer members for Iraq because of 1992-2000 budget cuts. 4:30:28 Frank Schledorn - Public Comment 18 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Mr. Schledorn, of 1208 North 8th Avenue, who opposed the Iraq Resolution, supported a letter to the editor from Don White. He described his and his family's military duty, and said this resolution isn't the way to get out of this conflict. This wastes the Commission's time. 4:32:57 Charles Mainwaring - Public Comment Mr. Mainwaring, of 3000 Trail Creek, who opposed the Iraq Resolution, stated that he is absolutely disgusted. He is a Marine and said it seems this valley isn't supporting the war effort at all. It sends a negative message and breaks his heart. 4:34:13 Carol Delger - Public Comment Ms. Delger, of 28494 Norris Road, who opposed the Iraq Resolution, expressed her thoughts about the Commission's extreme irresponsibility, not supporting our police and fire, wasting money on the stupid Story Mansion, and called liberalism is a mental disorder. 4:34:59 Marietta Glaze - Public Comment Ms. Glaze, who opposed the Iraq Resolution, said thank you to each and every person who has been in the military. She loves and thanks them. She asked the Commissioners to do the right thing to vote against this. 4:35:37 Public Hearing closed. Mayor Krauss closed the public hearing and thanked the public for their decorum. 4:36:13 Motion the Commission approve Commission Resolution No. 4086 as drafted. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, the Commission approve Commission Resolution No. 4086 as drafted. 4:36:43Cr. Kirchhoff Cr. Kirchhoff stated many people in this room can't agree on basic things, but the fact we can discuss this is important. He takes seriously those who serve in the military. He doesn't wish any harm on another American. In his mind, this resolution is 100% supporting the troops, bringing them back. 4:40:42 Cr. Jacobson Cr. Jacobson supports the resolution, and she thinks we should get involved because this war affects us locally. She said that losing men and women is a tragedy. Things change from the grassroots; nothing will change until we're willing to stand up and oppose this war. She described how the US got into the Iraq War and the politics of fear used. 4:52:10 Mayor Krauss Mayor Krauss doesn't support the resolution, and said that unfortunately we have chosen to go into an issue that's inappropriate for the City. He gave examples for the worthiness of American sacrifice, talking about the Cold War, the perseverance of the American spirit, North Korea, and the blessings of capitalism and freedom. 5:00:19 Cr. Becker 19 Linked Minutes of the Bozeman City Commission Meeting, December 17, 2007 Cr. Becker thanked the public for coming. He said this resolution starts with supporting the brave men and women and honors those who have lost their lives or been disabled. He read the resolution and said we all unequivocally support and honor our troops. This is a policy decision, and it is our responsibility. This is an opportunity to improve the dialogue and hold our public officials accountable. 5:04:44 Cr. Rupp Cr. Rupp said both sides tonight can be proud we can come together and express beliefs. He struggles because he doesn't know the answer about where we are in this war. He described difficult points about this war. He said he swore to support the Constitution and the separation of powers. Citing Article 2, Section 2 of the Constitution, he said foreign policy is in the hands of the executive, and that is how he will vote. 5:09:41 Vote the Commission approve Commission Resolution No. 4086 as drafted. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, the Commission approve Commission Resolution No. 4086 as drafted.] Those voting Aye being Crs. Kirchhoff, Jacobson, and Becker. Those voting No being Cr. Rupp and Mayor Krauss. The motion carried 3-2. 5:10:07 J. Adjournment Mayor Krauss adjourned the meeting at 11:08 pm. ____________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 20