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HomeMy WebLinkAboutD 8-21-06 draft minutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 21, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 21, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Finance Anna Rosenberry, Director of Public Safety – Police Mark Tymrak, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Brit Fontenot. 0:03:52 [18:03:51] A. Call to Order 0:03:55 [18:03:52] B. Pledge of Allegiance and Moment of Silence 0:04:37 [18:04:01] Changes to the Agenda City Manager Chris Kukulski noted that there were no changes to the agenda. Additionally, he noted that according to Bozeman City Code a tie vote, in the absence of a fifth Commissioner, results in the vote of the fifth (absent) Commissioner being cast at the next possible meeting. 0:05:22 [18:04:41] C. Public Service Announcement Director of Public Safety - Police Mark Tymrak reminded the public that school begins on Monday, August 28 and that speed limits in school zones will be strictly enforced. 0:06:39 [18:06:29] D. Minutes There we no minutes for approval on the agenda. Outstanding minutes were June 12, July 10, July 17 and August 14, 2006 0:06:54 [18:06:28] E. Authorize the Absence of Cr. Kirchhoff 0:07:05 [22:54:39] Motion and Vote It was moved by Cr. Becker, seconded by Cr. Rupp to authorize the absence of Cr. Kirchhoff. Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 0:07:19 [18:06:39] F. Consent 1. Authorize payment of claims 2. Acknowledge receipt of the Genesis Business Park Annexation, #A-06003, staff report and Resolution of Annexation (Skelton) 3. Authorize City Manager to sign South 19th Ave Public Access and Utility Easement (Stodola) 4. Approve Resolution 3994 adopting Ballot Issue for Study Commission (Luwe) 5. Approve the beer and wine license for Dotty's Restaurant /Casino (Clark) 6. Authorize City Manager to sign the Bridger View Condominiums Public Access Easement (Heaston) 7. Authorize the Mayor to sign the Baxter Meadow PUD Phase 6-Finding of Fact, #P-06015 (Windemaker) 8. Authorize the Mayor to sign the Cattail Lake Subdivision Finding of Fact, #P-06022 (Windemaker) 0:07:22 [22:55:35] Public Comment - Consent Agenda Mayor Krauss called for public comment on Consent items. No person commented. 0:07:37 [22:53:38] Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve Consent items 1 - 8 as listed above. Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried. 0:07:51 [22:55:34] G. Public comment Mayor Krauss opened public comment. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to 3 minutes. No person commented. 0:08:40 [18:07:11] H. Public Hearings 0:08:44 [18:08:07] 1. Budget Hearing for FY2007, Resolution 3941, opened and continued from July 17, 2006 (Rosenberry) 0:08:50 [18:08:09] Staff Report Anna Rosenberry presented the final FY2007 Budget to the Commission (Resolution 3941). 0:53:00 [18:29:39] Public Comment Mayor Krauss invited public comment. No person commented. 0:53:37 [18:29:46] Motion - Commissioner Jacobson It was moved by Commissioner Jacobson, seconded by Commissioner Becker to adopt Resolution No. 3941 - appropriation resolution for FY 2006-2007. 1:03:41 [18:32:54] Vote [It was moved by Commissioner Jacobson, seconded by Commissioner Becker to adopt Resolution No. 3941 - appropriation resolution for FY 2006-2007.] Those voting Aye being Crs. Jacobson, Becker and Rupp. Those voting No being Mayor Krauss. The motion carried. 1:04:03 [18:34:31] Staff Report Finance Director Anna Rosenberry presented the Tax Levies for FY2007, Resolution 3943. 1:04:38 [18:34:08] 2. Tax Levy Hearing for FY2007, Resolution 3943 opened and continued from July 17, 2006 (Rosenberry) 1:04:46 [18:34:55] Questions for Staff No questions were asked. 1:04:50 [18:38:48] Public Comment Mayor Krauss called for public comment. No person commented. 1:05:10 [18:40:33] Motion and Vote It was moved by Cr. Becker, seconded by Cr. Rupp to approve Resolution No. 3943 - setting mill levies for FY 2006-2007. Those voting Aye being Crs. Becker, Rupp and Jacobson. Those voting No being Mayor Krauss. The motion carried. 1:05:36 [22:51:35] Comments on preparation of budget 1:07:22 [18:47:27] 3. Norton Ranch East Annexation, #A-06002 (Sanford) 1:07:33 [18:53:19] Break Mayor Krauss called for a break. 1:14:43 [18:53:42] Staff Report Senior Planner Jody Sanford presented the staff report. 1:18:55 [18:53:54] Questions for Staff No questions were asked. 1:19:20 [18:54:17] Applicant Tom Henesh of Big Sky Land and Consulting appeared for the applicant. 1:19:47 [18:59:21] Questions for Applicant No questions were asked. 1:20:19 [19:03:24] Public Comment - Al Lein Al Lein resides at 8507 Huffine Lane requested more details of the annexation project. Mr. Lein witnessed a near accident on Huffine Lane and requested more policing of speed limits on Huffine Lane. 1:22:36 [19:04:08] Motion - Commissioner Rupp It was moved by Commissioner. Rupp , seconded by Commissioner Jacobson, conditionally approve the Norton Ranch East Annexation #A-06002 with the seventeen recommended terms of annexation listed in the staff report. 1:23:02 [19:05:06] Discussion - Mayor Krauss 1:25:25 [19:05:10] Vote [It was moved by Commissioner. Rupp , seconded by Commissioner Jacobson, to conditionally approve the Norton Ranch East Annexation #A-06002 with the seventeen recommended terms of annexation listed in the staff report.] Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried. 1:25:48 [19:05:14] 4. Norton Ranch East Zone Map Amendment Application, #Z-06121 (Sanford) 1:25:54 [19:05:21] Staff Report Senior Planner Jody Sanford presented the staff report. 1:29:12 [19:05:27] Questions for Staff 1:29:18 [19:05:43] Commissioner Becker 1:35:35 [19:07:54] Commissioner Rupp 1:36:38 [19:09:16] Applicant Mr. Tom Henesh appeared on behalf of the Applicant. 1:37:39 [22:46:33] Mayor Krauss 1:40:49 [22:45:39] Commissioner Rupp 1:41:47 [22:51:53] Commissioner Becker 1:47:00 [22:52:19] Public Comment Mayor Krauss called for public comment. No person commented. 1:47:23 [22:48:18] Motion - Commissioner Jacobson It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to approve the Norton Ranch East Zone Map Amendment Application, #Z-06121 as per the contingencies of the Zoning Commission. Those voting Aye being Those voting No being The motion carried. 1:48:22 [19:15:44] Clarification - Andy Epple 1:50:19 [19:19:43] Vote [It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to approve the Norton Ranch East Zone Map Amendment Application, #Z-06121 as per the contingencies of the Zoning Commission.] Those voting Aye being Crs. Jacobson, Becker, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 1:50:33 [19:20:05] 5. Wastewater Treatment Plant Annexation, #A-06005, open and continue to August 28th (Saunders) Mayor Krauss opened the public hearing. 1:51:25 [19:20:46] Public Comment Mayor Krauss invited public comment. No person commented 1:51:34 [19:20:58] Motion and Vote It was moved by Cr. Becker, seconded by Cr. Jacobson, to continue the Wastewater Treatment Plant Annexation, #A-06005 to August 28, 2006. Those voting Aye being Crs. Becker, Jacobson and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 1:51:49 [19:23:18] 6. Wastewater Treatment Plant Zone Map Amendment, #Z-06173, open and continue to August 28th (Saunders) Mayor Krauss opened the public hearing. 1:51:54 [22:43:19] Public Comment Mayor Krauss invited public comment. No person commented. 1:52:06 [19:25:58] Motion and Vote It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue Wastewater Treatment Plant Zone Map Amendment, #Z-06173 to August 28, 2006. Those voting Aye being Crs. Jacobson, Becker and Mayor Krauss. Those voting No being none. Those absent being Cr. Rupp. The motion carried. 1:52:27 [19:26:16] 7. Resolution No. 3938 - BID Assessment, work plan and budget (Reichert) 1:52:56 [19:26:51] BID Budget Presentation Mr. Paul Reichert, Executive Director of Partnership Downtown Bozeman, presented the proposed 2007 budget and work plan. 1:55:11 [19:26:57] Questions for Paul Reichert 1:55:16 [19:29:39] Commissioner Becker 2:00:38 [19:30:21] Public Comment Mayor Krauss called for public comment. No person commented. 2:00:54 [19:30:24] Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve the 2007 budget for the Downtown Business Improvement District. Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried. 2:01:57 [19:36:42] 8. Resolution 3942 - Creation of West Winds Ph 1-2 SILD # 691(Shannon) 2:02:17 [19:37:43] Staff Report Finance Director Anna Rosenberry presented the staff report. 2:03:31 [19:40:55] Questions for Staff 2:03:34 [19:48:26] Commissioner Rupp 2:04:15 [19:48:41] Public Comment Mayor Krauss called for public comment. No person commented. 2:04:44 [19:51:12] Motion and Vote It was moved by Cr. Jacobson , seconded by Cr. Becker, to adopt Resolution 3942 [creating the Special Improvement Lighting District # 691 for West Winds Subdivision, Phases 1 - 2]. Those voting Aye being Crs. Jacobson, Becker, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 2:05:00 [19:51:44] I. Action Items 2:05:01 [19:52:10] 1. Bozeman Deaconess Health Services Affordable Housing Plan (Sanford) 2:05:24 [19:52:18] Staff Report Senior Planner Jody Sanford presented the staff report. 2:10:26 [19:52:51] Questions for Staff 2:11:06 [19:53:05] Applicant Jason Leep of Potter Clinton Development appeared for the Applicant. 2:19:05 [19:53:38] Commissioner Becker 2:24:40 [19:53:34] Commissioner Rupp 2:25:24 [19:53:47] Commissioner Jacobson 2:26:33 [19:54:13] Commissioner Becker 2:31:24 [19:54:23] Commissioner Rupp 2:36:38 [19:56:52] Public Comment Mayor Krauss called for public comment. 2:36:57 [19:57:04] Public Comment - Margot Barg Margot Barg resides at 218 South Willson is concerned that builders may wait one year and make large profits once the deed restrictions are lifted. 2:37:51 [20:02:18] Applicant 2:39:26 [22:36:55] Commissioner Rupp 2:40:04 [20:02:50] Commissioner Becker 2:40:44 [20:04:04] Mayor Krauss 2:41:09 [22:34:46] Commissioner Rupp 2:41:26 [20:04:09] Mayor Krauss 2:41:40 [22:38:38] Commissioner Jacobson 2:42:48 [20:05:11] Motion - Commissioner Becker It was moved by Cr. Becker, seconded by Cr. Rupp, to approve BDHS sub-area affordable housing plan as presented. 2:43:13 [22:38:45] Clarification - Andy Epple 2:43:20 [22:40:13] Amended Motion - Commissioner Becker The previous motion was amended by Cr. Becker to approve BDHS sub-area affordable housing plan as recommended by staff and CAHAB with an exception. Rather than 30%, as suggested by CAHAB in the July 12, 2006 memo, the corresponding house price should be based on 33% of the household's monthly gross income for PITI and homeowners association dues. Commissioner Rupp withdrew his second to the amended motion. Commissioner Jacobson seconded the amended motion. 2:44:47 [22:44:35] Motion to amend Commissioner Becker's amended motion - Commissioner Jacobson It was moved by Cr. Jacobson, seconded by Cr. Rupp, to amend Cr. Becker's amended motion where house payments and the corresponding house price would be based on 30% of the household's monthly gross income for PITI and homeowners association dues as suggested by CAHAB in the July 12, 2006 memo. 2:45:06 [22:58:57] Commissioner Becker 2:46:10 [22:59:34] Commissioner Jacobson 2:46:33 [23:01:42] Commissioner Rupp 2:46:55 [23:02:48] Commissioner Becker 2:47:12 [23:04:28] Commissioner Jacobson 2:47:37 [23:06:00] Commissioner Becker 2:48:07 [23:06:29] Commissioner Jacobson 2:48:16 [23:07:44] Commissioner Rupp 2:48:50 [23:09:51] Vote on motion to amend Commissioner Becker's amended motion - Commissioner Jacobson It was moved by Cr. Jacobson, seconded by Cr. Rupp, to amend Cr. Becker's amended motion where house payments and the corresponding house price would be based on 30% of the household's monthly gross income for PITI and homeowners association dues as suggested by CAHAB in the July 12, 2006 memo. Those voting Aye being Crs. Jacobson and Rupp. Those voting No being Cr. Becker and Mayor Krauss. The motion failed. 2:50:04 [ ] Vote on Commissioner Becker's amended motion It was moved by Cr. Becker, seconded by Cr. Jacobson, to approve BDHS sub-area affordable housing plan as recommended by staff and CAHAB with an exception. Rather than 30%, as suggested by CAHAB in the July 12, 2006 memo, the corresponding house price should be based on 33% of the household's monthly gross income for PITI and homeowners association dues. Those voting Aye being Crs. Becker, Jacobson and Mayor Krauss. Those voting No being Cr. Rupp The motion carried. 2:51:11 [20:05:19] Break Mayor Krauss called for a break. 2:59:03 [20:06:03] 2. Design Review Board Appointments (Fontenot) 3:00:44 [20:06:18] Commissioner Jacobson 3:03:08 [20:07:03] Motion and Vote to appoint Walter Banziger to the DRB It was moved by Cr. Jacobson, seconded by Cr. Rupp, to appoint architect Walter Banziger to the Design Review Board and to defer selecting the next architect position until more applicant information is received. Those voting Aye being Crs. Jacobson, Rupp, Becker and Mayor Krauss Those voting No being none. The motion carried. 3:04:26 [ ] Motion and Vote to appoint non-professional Joe Batcheller to the DRB It was moved by Cr. Rupp, seconded by Cr. Jacobson, to appoint non-professional Joe Batcheller to the Design Review Board. Those voting Aye being Cr. Rupp, Jacobson, Becker and Mayor Krauss Those voting No being none. The motion carried. 3:06:42 [22:34:17] 3. Dog Committee (Brey) 3:06:44 [20:07:04] David Cook (Recreation and Parks Advisory Board) David Cook presented the Recreation and Parks Advisory Board report. 3:10:45 [20:07:38] Staff Report - Animal Control Officer Connie Lien Animal Control Officer Connie Lien presented information related to animal control enforcement. 3:13:12 [20:12:28] Questions for Staff 3:13:16 [20:12:40] Commissioner Becker 3:14:22 [20:20:31] Commissioner Jacobson 3:15:12 [20:20:35] Staff Report - Ron Dingman Recreation and Parks Superintendent Ron Dingman presented the staff report. 3:18:12 [20:26:51] Questions for Staff 3:18:15 [20:27:35] Commissioner Becker 3:18:44 [20:28:45] Commissioner Jacobson 3:19:14 [20:32:03] Commissioner Rupp 3:21:07 [20:33:07] Mayor Krauss 3:21:42 [ ] Ron Brey 3:23:17 [20:35:32] GVLT /Burke Park Committee member Gary Vodehnal 3:26:42 [ ] Public Comment Mayor Krauss opened public comment. 3:26:52 [20:36:09] Public Comment - Mary Vant Hull Mary Vant Hull resides at 416 East Story cautions Commission about short sighted decisions. 3:30:08 [20:39:01] Public Comment - Alicia Patenzio Alicia Patenzio resides at 821 South Tracy suggests large off-leash areas for dogs. 3:33:32 [20:39:22] Public Comment - Reuben Travis Reuben Travis resides at 821 South Tracy and suggests licensing fees help pay for dog-related expenses. 3:36:12 [20:41:24] Commissioner Rupp 3:37:40 [20:42:22] Commissioner Jacobson 3:39:30 [20:42:37] Commissioner Becker 3:45:41 [20:44:06] Commissioner Jacobson 3:46:25 [20:44:15] Mayor Krauss 3:48:36 [20:45:21] Commissioner Rupp 3:50:39 [20:56:30] Mayor Krauss 3:51:28 [21:01:58] Ron Brey 3:52:13 [21:03:54] Motion and Vote It was moved by Cr. Jacobson, seconded by Cr. Becker, to refer the dog committee recommendations to staff for drawing up appropriate ordinances as per the Commission's discussion. Those voting Aye being Crs. Jacobson, Becker, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 3:53:15 [21:04:14] 4 Identification of Options Regarding Manufactured Homes (Epple) 3:53:26 [21:09:45] Staff Report Planning Director Andy Epple presented the staff report. 3:57:32 [21:09:48] Clarification - RMH Zoning in Valley West Park 3:58:54 [21:13:49] Questions for Staff 3:58:59 [21:16:25] Commissioner Rupp 3:59:48 [21:16:33] Commissioner Becker 4:01:40 [ ] Public Comment Mayor Krauss called for public comment. 4:02:10 [21:17:32] Public Comment - Rick Klein Rick Klein resides in Bozeman has spoken to residents of Bridger View and each one opposes an ordinance to prevent removal of Bridger View Trailer Park. 4:04:25 [21:18:16] Public Comment - did not state name and address Supports notion of ordinance or any other measure to save Bridger View Trailer Park. 4:08:33 [21:21:31] Public Comment - Chris Kober Chris Kober resides at Bridger View Trailer Park # 54 and supports affordable housing through Bridger View Trailer Park. 4:11:23 [21:21:37] Public Comment - Dennis Kidder Dennis Kidder resides in Bozeman and supports Bridger View Trailer Park. 4:14:02 [21:22:00] Public Comment - did not state name and address Supports Bridger View Trailer Park. 4:15:42 [21:22:33] Public Comment - Rick Klein Rick Klein resides in Bozeman and is against any ordinance restricting the landowner of Bridger View Trailer Park. 4:16:27 [21:24:29] Public Comment - Chris Kober Chris Kober resides at Bridger View trailer Park #54 and supports efforts to save Bridger View Trailer Park. 4:17:25 [21:26:31] Commissioner Rupp 4:19:29 [21:30:13] Commissioner Jacobson 4:21:25 [21:33:36] Commissioner Rupp 4:22:01 [21:36:48] Commissioner Becker 4:24:39 [21:39:56] Mayor Krauss 4:28:11 [21:40:21] Commissioner Rupp 4:29:32 [21:41:45] Commissioner Jacobson 4:30:03 [21:43:13] Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Jacobson, to direct staff to pursue option 2 [of the Commission Memo, Interim Zoning Ordinance] and bring this back for the Commission's consideration. Those voting Aye being Crs. Rupp and Jacobson. Those voting No being Cr. Becker and Mayor Krauss. The vote tied 2-2. The motion should be voted upon at the next possible Commission meeting by the absent Commissioner, Steve Kirchhoff, thus breaking the tie. 4:31:55 [21:49:34] 5. Define the Purpose and Intent of the Affordable Housing Task Force (Fontenot) 4:32:33 [21:50:15] Commissioner Jacobson 4:32:44 [21:52:42] Mayor Krauss 4:33:36 [ ] Commissioner Jacobson 4:35:20 [ ] Public Comment Mayor Krauss called for public comment. 4:35:41 [21:54:39] Public Comment - Chris Budeski Chris Budeski resides at 315 Sheridan Avenue and does not support new language defining the purpose and intent of the Affordable Housing Taskforce. 4:36:35 [ ] Commissioner Rupp 4:36:39 [ ] Mayor Krauss 4:37:27 [ ] Commissioner Jacobson 4:38:26 [21:55:31] Public Comment - Mike Jarrett Mike Jarrett resides at 845 West Arnold and does not support new language defining the purpose and intent of the Affordable Housing Taskforce. 4:39:03 [21:56:19] Mayor Krauss 4:40:36 [21:56:59] Commissioner Rupp 4:41:18 [21:57:28] Commissioner Jacobson 4:42:01 [22:02:01] Mayor Krauss 4:42:45 [ ] Commissioner Becker 4:45:37 [22:03:07] Commissioner Jacobson 4:46:34 [ ] Commissioner Rupp 4:47:14 [22:03:12] Motion - Commissioner Jacobson It was moved by Cr. Jacobson, seconded by Cr. Becker, to accept the clarified purpose and intent of the Affordable Housing Taskforce as outlined in the Commission memorandum [of August 21, 2006] to be included with the introductory letter to the Affordable Housing Task Force. 4:48:04 [22:03:57] Mayor Krauss 4:49:32 [22:05:47] Vote [It was moved by Cr. Jacobson, seconded by Cr. Becker, to accept the clarified purpose and intent of the Affordable Housing Taskforce as outlined in the Commission memorandum [of August 21, 2006] to be included with the introductory letter to the Affordable Housing Task Force.] Those voting Aye being Crs. Jacobson, Becker and Rupp. Those voting No being Mayor Krauss. The motion carried. 4:49:44 [22:08:32] J. Non-Action Items 4:49:46 [22:12:47] 1. FYI 4:50:00 [22:15:56] FYI - Rick Hixson Lombardi poplars (Durston Road) can not be saved. 4:52:41 [22:18:25] FYI - Brit Fontenot Reminder that the first meeting in September will fall on a Tuesday. 4:53:24 [22:20:07] FYI - Ron Brey Affordable Housing Taskforce schedule - notice of progress reports. Suggests 8 week schedule begins with first meeting of Taskforce. 4:54:17 [22:20:53] FYI - Chris Kukulski Study Commission [Charter] was approved for inclusion on the November ballot and growth issues in Buckeye, Arizona. 4:56:34 [22:22:04] FYI - Chris Budeski Emphasized the importance of professionals on the Design Review Board. 4:57:26 [22:24:00] Mayor Krauss 4:59:04 [22:26:11] Commissioner Rupp Requested completeness when preparing and sending packet material. 5:00:56 [22:26:43] Mayor Krauss Would like the Commission to reconsider the decision to extend Kenyon Drive. 5:02:09 [22:29:29] FYI - Dennis Kidder Emphasized his desire to help the needy by donating large sums of money to the City. At 10: 32 p.m., Mayor Krauss adjourned the meeting. ____________________________________ Jeffrey Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ____________________.