HomeMy WebLinkAbout11-23-09 Minutes, City Commission z �l XxY
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LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 23, 2009
Click here for a link to the audio of this meeting.
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, November 23, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker,
Cr. Eric Bryson, Cr. Jeff Krauss and Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, Planning Director Andy Epple, Assistant Planning Director Chris
Saunders, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
*Please refer to the audio recording of this meeting for additional detail.
A. Call to Order Executive Session- 5 p.m. Commission Room, City Hall, 121 North
Rouse
Mayor Jacobson called the Executive Session to order at 5:03 p.m. Mayor Jacobson closed the
meeting pursuant to MCA 2 -3 -203 (4) to discuss litigation strategy.
*A separate set of Minutes have been compiled for the Executive Session.
0:06:52 C. Call to Order Regular Meeting- 6 p.m.- Commission Room, City Hall, 121
North Rouse
Mayor Jacobson called the Meeting to order at 6:08 p.m.
0:06:55 D. Pledge of Allegiance and a Moment of Silence
0:07:33 E. Changes to the Agenda
Mayor Jacobson asked City Manager Chris Kukulski if there were any changes to the Agenda.
0:07:42 Chris Kukulski, City Manager
Mr. Kukulski stated that it has been requested to move Consent Item H. 3 (Approve a Liquor
License for Lemongrass Thai to sell Liquor at 290 West Kagy Blvd) to the Action Item list and
also H. 4 (Approve Bylaws of the Bozeman Tourism Business Improvement District Board of
Trustees). Mr. Kukulski suggested that Action Item J. 3 (Provisional Adoption of Ordinance No.
Page 1 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
1769, amending Title 18, Unified Development Ordinance, Bozeman Municipal Code) be moved
to the last Action Item.
0:09:10 F. Public Service Announcement Bozeman Tree Advisory Board Live
Christmas Tree Promotion (Ada Montague, Bozeman Tree Advisory Board)
The Public Service Announcement did not take place as the presenter was not present.
0:09:30 G. Minutes November 2, 2009
0:09:36 Motion and Vote to approve the minutes from November 2, 2009 as submitted.
It was moved by Cr. Rune, seconded by Cr. Becker to approve the minutes from November
2, 2009 as submitted.
Those votina Ave beina Crs. Rupp, Becker Krauss Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0 :09:50 H. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to Sign Letter of Understanding from City to Bozeman
Schools and Gallatin County regarding the Downtown Tax Increment Finance
District funding for Fiscal Years 2010 and 2011 (Rosenberry)
3. Approve a Liquor License for Lemongrass Thai to sell Liquor at 290 West Kagy
Blvd (Neibauer)
4. Approve Bylaws of the Bozeman Tourism Business Improvement District Board
of Trustees (Kissel)
0:09:57 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
0:10:07 Motion and Vote to approve Consent Items 1 and 2.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve Consent Items 1 and 2.
Those votina Ave beinu Crs. Becker Krauss Bryson, Rupp and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:10:22 I. Public Comment
Page 2 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
Mayor Jacobson opened public comment.
0:10:46 Rolf Groseth, Public Comment
Mr. Groseth of 3002 Secor Ave thanked the Commission for their support of 2 year education for
the Gallatin Valley.
0:12:07 Public Comment closed
Mayor Jacobson closed public comment.
0:12:07 J. Action Items
0:12:11 Consent Item H. 3- Approve a Liquor License for Lemongrass Thai to sell Liquor at
290 West Kagy Blvd (Neibauer)
0:12:27 Andy Epple, Planning Director
Mr. Epple spoke regarding the process for liquor licenses. He suggested that the Commission
provisionally approve this item with the condition that it is pending on the approval of the
Conditional Use Permit.
0:13:34 Greg Sullivan, City Attorney
Mr. Sullivan reiterated that the Department of Revenue needs to be contacted by November 30th.
0:14:44 Cr. Krauss
Cr. Krauss asked about the application complying with the City's regulations.
0:14:51 Mr. Epple
Mr. Epple stated that it is not the first cabaret license that is in this business complex.
0:15:14 Cr. Krauss
Cr. Krauss spoke regarding the concern of liquor license transfers from other communities. Some
have gaming included.
0:16:38 Cr. Krauss
Cr. Krauss spoke regarding his concern of complying with the B -1 Zoning.
0:17:42 Mr. Epple
Mr. Epple stated that staff will communicate with the Department of Revenue that this is
application is in review. Mr. Epple suggested that the Commission table this until further
notification from Planning and Department of Revenue takes place.
0:18:24 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Page 3 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
Mayor Jacobson closed public comment.
0:1 8:51 Cr. Bryson
Cr. Bryson asked that staff bring back some explanation of these Department of Revenue liquor
licenses and the transferring capabilities in and out of a municipality and what statutory authority
that we may have in controlling liquor licenses from outside the City of Bozeman.
0:21:45 Motion and Vote to table (approving a liquor license for Lcmongrass Thai to sell
Liquor at 290 West Kagy Blvd).
It was moved by Cr. Krauss seconded by Cr. Bryson table a rovin a liquor license
for Lcmongrass Thai to sell Liquor at 290 West Kagy Blvd).
Those voting Ave being Crs. Krauss, Bryson, Rune and Mayor Jacobson.
Those voting No being Cr. Becker.
The motion passed 4 -1.
0:22:02 Consent Item H. 4- Approve Bylaws of the Bozeman Tourism Business
Improvement District Board of Trustees (Sullivan)
0:22:14 Greg Sullivan, City Attorney
Mr. Sullivan explained that this is related to the Commission's adoption of the Tourism Business
Improvement District. This is the adoption of the Bylaws for the Board of Trustees. Language
regarding a Commission Liaison position has been requested to be added to the Bylaws.
0:24:23 Cr. Becker
Cr. Becker asked if proxy voting (Proxy voting and delegated voting are procedures for the
delegation to another member of a voting body of that member's power to vote in his absence) is legal.
0:24:35 Mr. Sullivan
Mr. Sullivan spoke regarding proxy voting. He stated that he is not comfortable with Citizen
Advisory Board's proxy voting.
0:25 :08 Cr. Becker
Cr. Becker stated that in the future, proxy voting should be prohibited.
0:25:44 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
Page 4 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
0:25:54 Motion and Vote to approve the Bylaws of the Bozeman Tourism Business
Improvement District Board of Trustees with the addition of the language: Section 2.11
City Commission Liaison. The Governing Body shall appoint a City Commissioner to serve
as a liaison to the Board of Trustees. The Commissioner shall be provided notice of and
information for all meetings and may participate in Board deliberations but shall not have
voting authority. The Commissioner shall be appointed on January I st of every even year
for a term of two (2) years.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve the Bylaws of the Bozeman
Tourism Business Improvement District Board of Trustees with the addition of the
language: Section 2.11 City Commission Liaison. The Governing Body shall appoint a City
Commissioner to serve as a liaison to the Board of Trustees. The Commissioner shall be
provided notice of and information for all meetings and may participate in Board
deliberations but shall not have voting authority. The Commissioner shall be appointed on
January 1st of every even year for a term of two (2) years.
Those votine Ave beiniz Crs. Bryson, Rul2g, Becker Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
0:26:33 1. College Huffine Pathway Community Transportation Enhancement
Program (CTEP) Project Update and Contract Amendment (Winn)
0:26:53 Ron Dingman, Director of Parks and Recreation
Mr. Dingman gave the staff presentation regarding the College Huffine Pathway Community
Transportation Enhancement Program (CTEP) Project Update and Contract Amendment. Mr.
Dingman spoke regarding an amendment with Robert Peccia and Associates. They are
overseeing the College Huffine Project which was approved in 2005. In October of 2007 the
Grant writer position was vacated and Mr. Dingman was appointed to that position. In March of
2008 a Request for Proposals were advertised for engineering services. In October of 2008 the
final analysis was received identifying where the trail is going to go along with easements and
the addition of another spur trail being constructed on the corner of Fowler and Huffine. This
would connect the pathway to the Bozeman pond. The Amendment is for continued work on
easements and appraisals.
0:31:10 Cr. Krauss
Cr. Krauss spoke regarding the time lapse of the project.
0:31:30 Mr. Dingman
Mr. Dingman stated that he took over the project when the grants position was vacated.
Page 5 of 18
Minutes of the Bozeman City Commission Meeting, November 13, 2009
0:32:28 Mr. Dingman
Mr. Dingman pointed out the list of additional rights-of-ways.
0:34:04 Cr. Krauss
Cr. Krauss spoke regarding the pedestrian facility from 11th to 19th.
0:34:38 Mr. Dingman
Mr. Dingman spoke regarding the existing sidewalk from 19th to Huffinc.
0:35:46 Cr. Krauss
Cr. Krauss wondered if the project needs to be prioritized so that we are connecting what we
have first.
0:38:27 Mr. Dingman
Mr. Dingman spoke regarding meandering.
0:40:10 Mr. Dingman
Mr. Dingman stated that the construction phase of this project has not been bid yet.
0:40:27 Mr. Dingman
Mr. Dingman introduced Joe Gilpin from ALTA.
0:40:35 Mr. Gilpin
Mr. Gilpin pointed to the area where the meander is proposed on a map.
0:41:18 Cr. Becker
Cr. Becker asked if existing sidewalks need to be torn out.
0:41:22 Mr. Gilpin
Mr. Gilpin stated yes.
0:42:04 Cr. Becker
Cr. Becker spoke regarding ordering in sidewalks.
0:43:54 Cr. Rupp
Cr. Rupp spoke regarding removing sidewalks.
0:44:42 Cr. Rupp
Cr. Rupp spoke regarding safety concerns.
0:46:41 Cr. Bryson
Cr. Bryson spoke regarding the costs.
0:48:41 Mr. Dingman
Mr. Dingman spoke regarding the additional $25,000.
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Minutes of the Bozeman City Commission Meeting, November 23, 2009
0:50:22 Public Comment
Mayor Jacobson opened public comment.
0:50:35 Vodehnal Public Comment
Mr. Vodehnal of 614 South 7th stated that he was on the CTEP Committee when the project
began. There were 2 pedestrians killed on Huffine in the past. He spoke in support of the
project.
0:53:31 Public Comment closed.
Mayor Jacobson closed public comment.
0:54:15 Cr. Rupp
Cr. Rupp stated that he wants to focus on getting from where the sidewalk ends to Main Street as
soon as possible.
0:58:02 Mr. Dingman
Mr. Dingman stated that the timeline is to go out for bid April 30th 2010. We should be able to
have this accomplished by September 2010. Jumping around will increase costs.
1:00:33 Joe Gilpin, ALTA Planning
Mr. Gilpin stated that the timeline is based on the easement recordings and finishing
negotiations.
1:01:37 Cr. Becker
Cr. Becker spoke regarding the 11th and College round -a -bout.
1:02:11 Mr. Gilpin
Mr. Gilpin stated that he does not know when the round -a- bout will be built but that they have
designed each concurrently so they can match up with each other.
1:03:05 Cr. Rupp
Cr. Rupp spoke about being uncomfortable with disposing of sidewalk that are only 10 years old.
1:04:08 Motion and Vote to approve the amendment to the Community Transportation
Enhancement Program (CTEP) Contract with Robert Peccia and Associates for the
Engineering, Design and Management of the College- Huffine Pathway project for
completion by September of 2010.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the amendment to the
Community Transportation Enhancement Program (CTEP) Contract with Robert Peccia
and Associates for the En2incerinz, Desi n and Mana ement of the Colle e- Huffine
Pathway project for completion by September of 2010.
Those voting &c being Crs. Becker, Krauss, Bryson and Mayor Jacobson.
Page 7 of 18
Minutes of the Bozeman City Commission Meeting, November 13, 2009
Those voting No beine Cr. Rupp.
The motion passed 4 -1.
1:04:49 2. Bozeman Solvent Site Background Testing (Cooper)
1:04:57 Tim Cooper, Assistant City Attorney
Mr. Cooper gave the staff presentation regarding the Bozeman Solvent Site Background Testing.
Mr. Cooper stated that the Commission had a recent policy meeting regarding a study that is
underway to evaluate the potential of vapor migration from ground water. He spoke regarding
the first phase of the study. The DEQ has asked that indoor air sampling and sub slab sampling.
He spoke regarding the original work plan which included an additional background study. The
Commission was informed that the DEQ will not consider the additional background study.
1:08:17 Cr. Bryson
Cr. Bryson stated that he has not seen anything in writing from the DEQ regarding the City's
willingness to conduct the background check nor what DEQ is going to do with the results of our
study.
1:09:20 Mr. Cooper
Mr. Cooper spoke regarding the results of the first study and the work plan was put together after
receiving those results. In the work plan we proposed the background study. There is written
documentation from the DEQ stating why the study is not necessary and why they will not
recognize it.
1:10:34 Cr. Bryson
Cr. Bryson stated that he wants to see the actual value in the air that are going to trigger DEQ to
tell the City that further mitigation is going to be required.
1:10:58 Jenifer S. Reece, Esq. of Moore,O'Connell Refling, P.C.
Ms. Reece stated that there is not a specific number.
1:1 l :l5 Ms. Reece
Ms. Reece spoke regarding utilizing the EPA's number.
1:11:31 Michael Ellerd, ATC Associates Inc.
Mr. Ellerd stated that he works on behalf of the City of Bozeman on this project. The numbers
are not determined for indoor air. It is taken on by a case by case basis. Indoor mitigation is rare.
1 :18:40 Cr. Rupp
Cr. Rupp spoke regarding the source being the primary issue.
1:20:15 Ms. Reece
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Minutes of the Bozeman City Commission Meeting, November 23, 2009
Ms. Reece stated that in conjunction with the indoor air and sub -slab sampling, a complete
inventory will take place of what is in the home. There will be a questionnaire. She reminded
that the DEQ has the purpose of protecting public health.
1:25:05 Mr. Ellerd
Mr. Ellerd stated that there have been several neighborhoods where the background study could
take place.
1:25:59 Mr. Ellerd
Mr. Ellerd stated that in the area that the DEQ has identified as the study area, there are 109
structures. Only 20% are being looked at.
1:27:28 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1 :27:52 Cr. Krauss
Cr. Krauss spoke regarding the consultant and attorney's advice not to move ahead on the test.
1 :28:12 Cr. Rupp
Cr. Rupp stated that he is troubled by the DEQ's power and authority in this process.
1:31:48 Cr. Bryson
Cr. Bryson spoke regarding authorizing the funding for the study.
1:33:27 Mayor Jacobson
Mayor Jacobson stated that it appears a motion is not needed because there are not three in favor
of approving the completion an off -site study t establish Site specific Background concentrations
of PCE against which to compare results of the Indoor Air Vapor investigation for the Bozeman
Solvent site.
1:34:01 Cr. Krauss
Cr. Krauss strongly urged that when this discussion comes back before them, that a DEQ
representative be present to answer their questions.
1:36:03 Mayor Jacobson
Mayor Jacobson asked how much has been spent on the Solvent site project over the last 20
years.
1:36:33 Mr. Cooper
Page 9 of 18
Minutes of the Bozemon City Commission Meeting, November 23, 2009
Mr. Cooper stated that the information can be obtained. The DEQ has scheduled a meeting on
December 17th regarding this issue. This is not the City's meeting.
1:39:114. Provisional Adoption of Ordinance No. 1776, Creating Exemptions from the
Assessments of the Bozeman Tourism Business Improvement District (Public Hearing)
(Sullivan)
1:39:30 Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation regarding the Provisional Adoption of Ordinance No.
1776, Creating Exemptions from the Assessments of the Bozeman Tourism Business
Improvement District.
1:40:55 Cyndy Andrus, Director of the TBID
Ms. Andrus spoke regarding the lodging facility tax and how the Business Improvement District
will work together. We are asking for exemptions in the bed tax. This would include stays over
30 days. They are also asking that complementary overnight stays be exempt.
1:43:56 Public Comment
Mayor Jacobson opened public comment.
No person commented.
Mayor Jacobson closed public comment.
1:44:12 Motion and Vote to provisionally adopting Ordinance No. 1776, Creating
Exemptions from the Assessments of the Bozeman Tourism Business Improvement
District.
It was moved b„y Cr. Krauss, seconded by Cr. Bryson to provisionally adopting Ordinance
No. 1776, Creating Exemptions from the Assessments of the Bozeman Tourism Business
Improvement District.
Those voting Aye being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
1:45:09 5. Review Costs of Family Swim Passes (Dingman)
1:45:27 Ron Dingman, Director of Parks and Recreation
Mr. Dingman gave the staff presentation regarding a possible review of the costs of Family
Swim passes. There has been some concern regarding the costs. Staff is asking for direction from
the Commission regarding if they would like the item brought back.
1:46:09 Mayor Jacobson
Mayor Jacobson spoke regarding usage.
Page 10 of 18
Minutes of the Bozeman City Commission Meeting, November 13, 2009
1:46:32 Mr. Dingman
Mr. Dingman stated that the number of swim passes has dropped. The number of users of the
pool has dropped as well.
1:47:44 Cr. Bryson
Cr. Bryson asked if there is a tracking mechanism for daily cash at the pool.
1:48:05 Mr. Dingman
Mr. Dingman stated that there is a tracking mechanism. He spoke regarding the program that is
used.
1:48:38 Cr. Krauss
Cr. Krauss spoke regarding where the $508 fee came from.
1:49:40 Mr. Dingman
Mr. Dingman spoke regarding how the fees were set.
1:55:39 Motion to revisit the issue and keep our family of four swim passes the same for
this current fiscal year as they were last year.
It was moved by Cr. Rupp to revisit the issue and keep our family of four swim passes the
same for this fiscal current year ast e� w
w ere last Lear.
Motion failed due to a lack of a second.
1:56:40 Mayor Jacobson
Mayor Jacobson wondered if there would need to be reimbursements.
1:57:04 Cr. Krauss
Cr. Krauss stated that the $508 is disproportional to the other raises and $335 seems to be more
proportional.
1:57:40 Motion to direct staff to come back with a change to the Ordinance (resolution) to
drop the family of 4 to $335.
It was moved by Cr. seconded nd,Cr. Bryson to direct staff to come back with a
..s. „.ed ed b by
change tote Ordinance reso utaan
to drop the family of 4 to $335. (Recognizing that there
may be some refunds).
1:59:25 Vote on the Motion to o direct staff to come back with a change to the Ordinance
(resolution) to drop the family of 4 to $335.
Those voting Ave being Crs. Krauss, Bryson, Rupp, Becker and Mayor Jacobson.
Page 11 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
Those voting No being None.
The motion passed 5 -0.
1:59:44 Break
Mayor Jacobson declared a break.
2:14:38 Meeting called back to order
Mayor Jacobson called the meeting back to order.
2:14:46 3. Provisional Adoption of Ordinance No. 1769, Amending Title 18, Unified
Development Ordinance, Bozeman Municipal Code (Public Hearing) (Saunders)
2:15:05 Chris Saunders, Assistant Planner
Mr. Saunders gave the staff presentation regarding Provisional Adoption of Ordinance No. 1769,
Amending Title 18, Unified Development Ordinance, Bozeman Municipal Code, Mr. Saunders
stated that most of the changes are due to changes in state law and suggestions from the
Commission.
2:21 :19 Cr. Bryson
Cr. Bryson spoke regarding restricted size lot conformity and density requirements. He does not
recall that this was directed to come back before the Commission.
2:23:34 Cr. Krauss
Cr. Krauss spoke regarding the density number.
2:23:42 Mr. Saunders
Mr. Saunders pointed out where the density number regarding the number of dwelling units per
net acre is located in the Ordinance.
2:24:32 Cr. Krauss
Cr. Krauss stated that he thought that the number had been changed with the growth amendment.
2:26:06 Cr. Rupp
Cr. Rupp spoke regarding the sign code references.
2:27:54 Motion to accept the non discretionary areas that are a result of changes in state
law (listed in the Staff Memorandum: Section 18.02.040, Section 18.02.070, Section
18.58.130, Section 18.58.260, Chapter 18.06, Chapter 18.10, Section 18.66.070, and Section
18.52.170).
It was moved by Cr. Bryson, seconded by Cr. Krauss to accept the non discretionary areas
that are a result of chanizes in state law (listed in the Staff Memorandum: Section 18.02.040
Section 18.02.070 Section 18.58.130 Section 18.58.260 Chapter 18.06 Cha ter 18.10
Section 18.66.070, and Section 18.52.170).
Page 12 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
2:35:48 Cr. Krauss
Cr. Krauss restated the sections and chapters that should be in the motion.
2:36:56 Vote on the Motion to accept the non discretionary areas that are a result of
changes in state law (listed in the Staff Memorandum: Section 18.02.040, Section 18.02.070,
Section 18.58.130, Section 18.58.260, Chapter 18.06, Chapter 18.10, Section 18.66.070, and
Section 18.52.170).
Those voting Ave being Crs. Bryson, Krauss, Rupp, Becker and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
2:37 :37 Cr. Rupp
Cr. Rupp spoke regarding parking.
2:39:54 Motion to adopt the parking City UDO revisions Chapter 18.46.010, 010 b., 02., OQ,
040a, 040b, 050 and 060.
It was moved by Cr. Rupp, seconded by Cr. Becker to adopt the parking City UDO
revisions Chapter 18.46.010 010 b. 02. 0 040 a 040 b 050 and 060.
2:42:26 Cr. Becker
Cr. Becker suggested that the motion be withdrawn and restated.
2:42:37 Cr. Rupp
Cr. Rupp agreed to restate the motion.
2:42:40 Motion and Vote to approve the changes in Chapter 18.46.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the changes in Chapter
18.46.
Those voting Ave being Crs. Rupp, Becker, Krauss, Bryson and Mayor Jacobson.
Those voting No being none.
The motion passed 5 -0.
2:43:08 Cr. Becker
Cr. Becker spoke regarding the residential districts.
2:46:48 Cr. Becker
Cr. Becker spoke regarding spanning lots.
Page 13 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
2 :49:32 Mr. Saunders
Mr. Saunders spoke regarding the proposed Planning Board language located on page 75
regarding residential density.
2:50:33 Motion to approve the changes in the residential districts portion in the UDO
amendments including the additional language in Sectionl8 -16 -010 (introductory
paragraph suggested by Planning Board: "Residential density is correlated with many
community goals and objectives that are contained in the City's adopted growth policy, as
well as many standards and purposes of this title. Section 18.16.090 sets standards for
minimum densities in residential districts which will advance these goals, objectives, and
purposes." and amending Section 18 -16 -090 A.2 from 6 units to 5 units as consistent with
the adopted Growth Policy.
It was moved by Cr. Becker, seconded by Cr. Krauss to approve the than es in the
residential districts portion in the UDO amendments includin the additional language in
Section 18-16-010 (introductory ara ra h surmested by Plannin Board: "Residential
density is correlated with many communityzoals and objectives that are contained in the
City's adopted growth Policy, as well as many standards and purposes of this title. Section
18.16.090 sets standards for minimum densities in residential districts which will advance
these goals, objectives and and amending Section 18 -16 -090 A.2 from 6 units to
5 units as consistent with the adopted Growth Policy.
2:53:27 Amendment to the Motion to reduce the R -O requirements from 8 back to 6
(dwellings per net acre... Chapter 1836.090 A. 4 page 16 -8 in the staff report).
It was moved by Cr. Bryson, seconded by Cr. Rupp to reduce the R -O requirements from 8
back to 6 dwellin s per net acre... Cha ter 18.16.090 A. 4 page 16 -8 in the staff report).
2:53:57 Mr. Saunders
Mr. Saunders spoke regarding R -O density district.
2:57:29 Vote on the Amendment to the Motion to reduce the R -O requirements from 8
back to 6 (dwellings per net acre... Chapter 18.16.090 A. 4 page 16 -8 in the staff report).
Those votina Ave being Crs. B son Rupp and Krauss.
Those voting No bein Cr. Becker and Mayor Jacobson.
The motion passed 3 -2.
2:58:42 Mayor Jacobson
Mayor Jacobson asked that the Main Motion be read back.
Page 14 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
2:58:44 Stacy Ulmen, City Clerk
Ms. Ulmen read back the amendment.
2:59:26 Vote on the Motion to approve the changes in the residential districts portion in the
UDO amendments including the additional language in Section 18-16-010 (introductory
paragraph suggested by Planning Board: "Residential density is correlated with many
community goals and objectives that are contained in the City's adopted growth policy, as
well as many standards and purposes of this title. Section 18.16.090 sets standards for
minimum densities in residential districts which will advance these goals, objectives, and
purposes." and amending Section 18 -16 -090 A.2 from 6 units to 5 units as consistent with
the adopted Growth Policy.
Those voting Ave being Crs. Becker, Krauss, Bryson and Rune.
Those voting No being Mayor Jacobson.
The motion passed 4 -1.
3:19:07 Motion to strike the staff s suggested changes from Section 18.42.030 and revert
back to the existing language.
It was moved by Cr. Bryson, seconded by„ Cr. Krauss to strike the staffs suggested changes
from Section 18.42.030 and revert back to the existing language.
3:23:42 Vote on the Motion to strike the staffs suggested changes from Section 18.42.030
and revert back to the existing language.
Those voting Ave being Crs. Bryson, Krauss, Rupp and Becker.
Those voting No being Mayor Jacobson.
The mote ion „passed 4-1.
3:24:00 Mayor Jacobson
Mayor Jacobson announced that she is going to leave and handed the gavel to Deputy Mayor
Krauss.
3:32:40 Motion to adopt the changes of 18.50.020 which includes B. 7 "Development of
Land initially exempted from park dedication..." and the change in language to D. 1A
"Shall not" (B. 7 will become section C and the following items will be renumbered).
It was moved by Cr. Becker, seconded b -Cr. Bryson to ado t the changes of 18.50,020
which includes B. 7 "Development of Land initially exempted from park dedication..." and
the change in language to D. 1.d "Shall not" (B. 7 will become section C and the following
items will be renumbered).
Page 15 of 18
Minutes of the Bozeman City Commission Meeting, November 23, 2009
3:34:30 Vote on the Motion to adopt the changes of 18.50.020 which includes B. 7
"Development of Land initially exempted from park dedication..." and the change in
language to D. Ld "Shall not" (B. 7 will become section C and the following items will be
renumbered).
Those voting Ave being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
3:34:43 Motion and Vote to approve 18.50.080.
It was moved by Cr. Bryson, seconded by Cr. Rupp to approve 18.50.080.
Those votina Ave being Crs. B san Ru Becker and De u May or Krauss.
Those voting No being none.
The motion passed 4 -0.
3:37:38 Motion and Vote to approve the proposed changes in Chapter 18.74.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the proposed chap es in
Chapter 18.74.
Those voting Ave being Crs. Rupp, Becker, Bryson and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
3:38:50 Motion and Vote to approve the proposed changes in Section 18.50.060.
It was moved by Cr. Becker, seconded bj Cr. B son to approve the Proposed changes in
Section 18.50.060.
Those voting Ave being Crs. Becker, Bryson, Rupp and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
3:39:48 Motion and Vote to approve the proposed changes in Section 18.14.010.
It was moved by Cr. Becker, seconded by Cr. Bryson to al2prove the proposed chan es in
Section 18.14.010.
Those votine Ave beine Crs. Becker BEyson, Ruj2g and Devutv Mayor Krauss.
Those voting No being none.
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Minutes of the Bozeman City Commission Meeting, November 13, 2009
The motion passed 4 -0.
3:40:21 Motion to approve the proposed changes in Section 18.30.050.
It was moved by Cr. Bryson, seconded by Cr. Rupp to apiprove the proposed changes in
Section 18.30.050.
3:41:21 Vote on the Motion to approve the proposed changes in Section 18.30.050.
Those voting Ave being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss.
Those voting No being none.
The motion passed 4 -0.
3:54:28 Rules suspended 15 minutes
Deputy Mayor Krauss suspended the Rules 15 minutes.
4:00:21 Motion and Vote to continue to December 7th.
It was moved by Cr. Bryson, seconded bj Cr. Rupp to continue to December 7th.
Those voting Ave being Crs. Bryson, Rupp, Becker and Deputy Mayor Krauss.
Those votine No being none.
The motion passed 4 -0.
4:01:52 K. FYI /Discussion
4:02:11 1. Notice of Upcoming Agenda item -MOU on Parking Enforcement
Lt. McLane explained that the Commission will have a resolution including a Memorandum of
Understanding with the Parking Commission regarding parking enforcement coming before them
in the next couple of weeks.
4:03:55 2. City Offices Closed Thursday November 26th and Friday 27th
Mr. Kukulski reminded the Commission that the City Offices will be closed on Thursday the
26th and Friday the 27th for the Christmas Holiday.
4:04:06 3. Policy Meeting Reminder
Mr. Kukulski stated that the upcoming Policy Meeting is regarding Hiring Procedures for Fire
and Police.
4:04:37 4. No Commission Meeting on the 30th.
Mr. Kukulski reminded the Commission that there will not be a meeting on the 30th.
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Minutes of the Bozeman City Commission Meeting, November 13, 2009
4:04:42 5. Internship
Mr. Kukulski spoke regarding the policy /perimeters that are in place for interns. Discussion took
place regarding an intern answering to a Commissioner.
4:08:14 6. Ordinance No. 1775
Mr. Sullivan reminded the Commission that Ordinance No. 1775, Whistle Blowing Provisions is
on the December 7th Agenda.
4:09:06 7. Cr. Bryson gone
Cr. Bryson stated that he will be gone on December 3rd for the Policy Meeting.
4:09:16 L. Adjournment
Deputy Mayor Krauss adjourned the meeting at 10:16 p.m.
Kaaren Jacobson, or
ATTE,S r 0 B0
Mr
S4 it,#Clerk
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PREPARED -1?Y:
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Stacy t Ime CMC, City Clerk
Approved on 1 ,9 Z$ a oci
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