HomeMy WebLinkAboutE minutes 07-24-06 1
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 24, 2006
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The Commission of the City of Bozeman met in the Commission Room, City Hall, 411 East Main
Street, on Monday, July 24, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker,
Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Director of
Public Service Debra Arkell, Planning Director Andy Epple, Finance Director Anna Rosenberry,
City Attorney Paul City Attorney Luwe, and City Clerk Brit Fontenot.
A. Executive Session
Mayor Krauss called the Executive Session to order at 5:35 p.m. Present were Crs. Becker
(late), Rupp, Krichhoff (late), Jacobson and Mayor Krauss. City staff present was City Manager
Chris Kukulski, City Attorney Paul Luwe, Planning Director Andy Epple and City Clerk Brit
Fontenot. The topic of this Executive Session was litigation strategy. Mayor Krauss stated that he
finds that an open meeting would have a detrimental effect on the litigation position of the City.
He therefore declared that this portion of the meeting closed pursuant to MCA section 2-3-203(4)
to discuss litigation strategy. Mayor Krauss adjourned the Executive Session at 6:10 p.m.
0:01:59 [18:09:33]B. Call to Order
0:02:06 [18:11:31]C. Pledge of Allegiance and Moment of Silence
0:02:45 [18:11:38]D. Changes to Agenda
0:04:05 [18:12:16]E. Minutes - There were no minutes submitted.
0:04:09 [18:12:24]F. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign an agreement with Greenwing Teal,
LLC for the Durston Road SID Project (Stodola)
3. Approve Recommendation of Award for 2006 Curbing and Sidewalk
Improvements (Kerr)
4 Approve Resolution No. 3933 - Resolution of Intent to Create West
Winds Subdivision Phases I - II SILD #691 (Shannon)
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5. Authorize City Manager to sign the Cornerstone Condominium Public
Access Easement (Heaston)
6. Authorize City Manager to sign a Water Rights Acquisition Contract
(Hixson)
7. Approve Ordinance No. 1669, text amendment to the Unified
Development Ordinance (Cooper)
0:04:25 [22:05:36] *Motion and Vote
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve Consent items 1 - 7 as listed
above.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss.
Those voting no being none.
Abstentions, Cr. Rupp
The motion carried.
0:05:14 [18:13:47]G. Public comment
Please state name and address in an audible tone of voice for the record.
There was no public comment.
0:05:33 [20:46:47] H. Public Hearings
0:05:36 [18:13:54] 1. Shute Residence Renovations, Conditional Use Permit/Certificate
of Appropriateness/Deviations at the residence located at 603 South
Willson Avenue, Zoning Application #Z-06111, continued from July 10,
2006. (Bristor)
0:07:35 [18:13:58] *Motion and Vote
On July 10, 2006 it was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Shute
Residence Renovations Certificate of Appropriateness with Deviations as conditioned by staff with
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the following amendments adding the phrase "if required by code" to the second sentence of
condition No. 13 and to exclude the CUP component for the accessory dwelling at the residence
located at 603 South Willson Avenue, Zoning Application #Z-06111.
Those voting Aye being Crs. Rupp and Jacobson and Mayor Krauss. Those voting No being Crs.
Becker and Kirchhoff.
The motion carried.
0:11:08 [18:14:03] 2. Request for one-year extension of Preliminary Plat approval from
Laurel Glen Subdivision, Phase III, #P-02012, opened and
continued from July 17, 2006 (Epple) Continued from June 26 to
July 17 to July 24, 2006.
0:11:11 [18:14:46] Staff Report - Item was continued from June 26 to July 17th, to July 24th.
0:14:05 [18:15:22] Discussion
0:15:35 [18:15:42]*Motion and Vote
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to deny a request for one-year extension
of Preliminary Plat approval from Laurel Glen Subdivision, Phase III, #P-02012.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Rupp. Those voting No being
Mayor Krauss.
The motion carried.
0:21:50 [21:35:47] 3. Carlson/Ruggles Site Plan (SP), Certificate of Appropriateness
(COA) with deviations #Z-06041, continued from July 17, 2006 (Bristor)
Continued from July 17th, 2006.
0:23:30 [20:46:27] Staff Report - Planner Allison Bristor presented the staff report.
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0:36:29 [18:18:20] *Motion and Vote
It was moved by commissioner Jacobson, seconded by Commissioner Becker to approve the
Carlson/Ruggles Site Plan #Z-06041, Certificate of Appropriateness (COA) with deviations and as
conditioned by staff.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss
Those voting No being none.
The motion carried.
0:37:37 [18:18:21] 4. Knolls at Hillcrest, Preliminary Plat Review (Sanford)
0:40:06 [20:46:24] Staff Report - Planner Jody Sanford presented the staff report.
0:53:35 [18:20:36] Applicant
Jason Link of Potter Clinton Development appeared for the applicant.
1:06:48 [18:20:50] Public Comment:
Dennis Franks resides at 1805 Kenyon Drive.
Tad Weaver address not stated.
Ed Wheeler resides at 1811 Kenyon Drive
Pat Herring resides at 1727 Kenyon Drive
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Don Jackson resides at 1280 Story Mill Road
Becky (last name unintelligible) resides at 1805 Kenyon Drive.
Gary Alm resides at 1810 Kenyon Drive.
Dave Parker resides at 1716 Kenyon Drive.
Mike Knapp resides on Baxter Drive.
Public Works Director Debbie Arkell for Public Safety Directory - Fire Chuck Winn
1:43:21 [22:12:02] Applicant
Jason Link from Potter Clinton Development appeared for the applicant.
1:43:35 [20:45:01] Discussion
No further discussion.
1:43:47 [18:25:59] *Motion and Vote
It was moved by Cr. Becker, seconded by Cr. Kirchhoff to approve the Knolls at Hill Crest
preliminary plat as conditioned by staff including the height revision and utilizing alternative 2 as
suggested by the applicant and approving the rear setback and retaining the easement.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to amend the previous motion to approve
the Knolls at Hill Crest preliminary plat as conditioned by staff including the height revision and
utilizing alternative 2 as suggested by the applicant and approving the rear setback and retaining the
easement by adding condition No. 24 that Kenyon Drive not become a connecting through street
but may be engineered for emergency turnaround, if necessary.
Those voting Aye being Crs. Rupp and Jacobson
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Those voting No being Crs. Kirchhoff, Becker and Mayor Krauss
The motion to amend failed.
It was moved by Cr. Rupp to amend the previous motion to approve the Knolls at Hill Crest
preliminary plat as conditioned by staff excluding the height revision and utilizing alternative 2 as
suggested by the applicant and approving the rear setback and retaining the easement by returning
condition No. 2 to the original language establishing the maximum height at 22 feet.
The motion died for lack of a second.
The original motion was revisited in which it was moved by Cr. Becker, seconded by Cr.
Kirchhoff to approve the Knolls at Hill Crest preliminary plat as conditioned by staff including the
height revision and utilizing alternative 2 as suggested by the applicant and approving the rear
setback and retaining the easement.
Those voting Aye being Crs. Becker, Jacobson, Kirchhoff and Mayor Krauss
Those voting No being Cr. Rupp
The motion carried.
2:11:16 [20:45:12] Break
Mayor Krauss called for a 5 minute break.
2:22:45 [20:46:43] 5. West Winds III, Major Subdivision, Preliminary Plat Review
(Windemaker)
2:22:58 [18:24:02] Staff Report - Planner Lynette Windemaker presented the staff report.
2:25:42 [18:31:24] Applicant
Clint Lytle of HKM Engineering appeared for the applicant.
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2:26:17 [18:35:18] Public Comment
There was no public comment.
2:26:37 [18:38:27] *Motion and Vote
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve West Winds III, Major
Subdivision, Preliminary Plat as conditioned by staff.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
Abstentions, Cr. Rupp.
The motion carried.
2:27:17 [18:39:54] 6. 5% increase to Tree Maintenance District rates (Rosenberry)
2:27:35 [18:40:50] Staff Report - Finance Director Anna Rosenberry presented the staff report.
2:32:48 [18:45:44] Public Comment
There was no public comment.
2:33:05 [18:47:10]*Motion and Vote
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve Resolution 3926 a 5% increase to
Tree Maintenance District rates.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
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The motion carried.
2:34:29 [18:47:16] 7. 5% increase to Street Maintenance District rates (Rosenberry)
2:34:29 [19:02:23] Staff Report - Finance Director Anna Rosenberry presented the staff report.
2:36:26 [19:16:00] Public Comment
There was no public comment.
2:36:43 [19:33:41]*Motion and Vote
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve a 5% increase to Street
Maintenance District rates.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Rupp.
Those voting No being Mayor Krauss.
The motion carried.
2:37:42 [19:43:02]I. Action Items
2:37:50 [19:52:28]1. Solid Waste Disposal Options (Johnson/Arkell)
2:38:08 [20:24:10] Staff Report - Mr. Steve Johnson, Solid Waste Superintendent presented the
solid waste options to the Commission.
2:56:51 [20:30:25] Public Comment
Dane Gamble resides at 13 Hitching Post Road.
Charles Bowen resides at 3070 MacIIlhatten Road.
Kathy Gallagher representing John MacIllhatten.
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Don Jackson resides at 1280 Storey Mill Road.
Kathy (last name unintelligible) resides at 1280 Story Mill Road.
Hallie Rukheimer resides at1400 Storey Mill Road.
Jim Leheay resides at 3205 Gardenbrook Road.
Skip MacIllhatten, no address given.
Don Brelsford, Brelsford Engineering, Bozeman, Montana.
3:27:25 [20:31:04] Discussion
Commission provided direction to staff regarding solid waste options.
4:30:58 [20:31:33] 2. Farmhouse Minor Subdivision Pre-application (Krueger)
4:33:07 [20:34:19] Staff Report - Planner Brian Krueger presented the staff report.
4:38:01 [20:35:00] Applicant
Dab Dabney representing the applicant, Farmhouse Partners, made a presentation.
5:10:37 [20:35:10] 3. FYI/Discussion
5:22:01 [20:35:58] K. Adjournment
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Mayor Krauss adjourned the meeting at 11:33 p.m.
____________________________________
Jeffrey Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved ______________, 2006