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Home My WebLink About9-25-06 draft minutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 25, 2006 EXECUTIVE SESSION ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, at 5:00 PM on Monday September 25, 2006. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy City Clerk Stuart Bernard. 0:00:46 [16:30:17] A. Executive Session – Litigation Mayor Krauss called the Executive Session to order at 5:00 p.m. 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 5:48 p.m. LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 25, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, at 6:00 PM, on Monday September 25, 2006. 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 Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety - Fire Services Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy City Clerk Stuart Bernard. 0:13:56 [17:03:08] B. Call to Order At 6:00 PM Mayor Krauss called the meeting to order. 0:14:00 [17:54:07] C. Pledge of Allegiance and Moment of Silence 0:15:02 [21:13:48] D. Public Service Announcement Deputy City Clerk Stuart Bernard informed citizens of current board openings. 0:17:20 [21:15:55] E. Minutes - September 11, 2006 0:17:25 [21:23:48] Motion and Vote - It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the September 11, 2006 Linked Minutes as submitted. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:17:42 [17:54:26] F. Consent 1. Authorize payment of claims (LaMeres) 2. Finally Adopt Ordinance 1671 zoning for the WWTP (provisionally passed on Sept. 5) 3. Authorize City Manager to sign Release and Reconveyance of Easements with School District #7 (Murray) 4. Award Cardboard bailing bid to FCR (Johnson) 5. Award landfill closure bid (Johnson) 6. Approval of Baxter Meadows Ph. VI master park plan (Windemaker) 0:17:46 [21:26:36] Public Comment There was no public Comment 0:18:04 [17:54:48] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve consent items 1-6 as listed. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 0:18:22 [18:07:11] G. Public comment Mayor Krauss called for public comment. This was the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. 0:18:57 [18:07:12] Public Comment - Connie Garrett Connie Garret of 414 N. Plum spoke against the Stockyard LLC housing proposal. She mentioned the positive qualities of a community land trust as a way to provide affordable housing. 0:23:26 [18:11:07] Public Comment - Dennis Kidder Dennis Kidder of 890 Hidden Valley discussed his communications with Matt Crocker of GoBuild. 0:26:03 [18:11:12] H. Public Hearings 0:26:05 [18:11:19] 1. Resolution 3963, Delinquent Weed Assessments (Rosenberry) 0:26:14 [18:11:42] Staff Report 2 Finance Director Anna Rosenberry presented the staff report. 0:27:26 [18:11:55] Public Comment There was no public comment 0:27:44 [18:12:13] Motion and Vote - It was moved by Cr. Kirchhoff , seconded by Cr. Jacobson, to adopt Commission Resolution No. 3963, Assessment for Delinquent Weed Mowing. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:28:03 [18:16:51] 2. Resolution No. 3962, Delinquent Snow Removal Assessments (Rosenberry) 0:28:11 [18:19:28] Staff Report Finance Director Anna Rosenberry presented the staff report. 0:29:06 [21:38:03] Public Comment There was no public Comment 0:29:18 [18:19:31] Motion and Vote - It was moved by Cr. Jacobson , seconded by Cr. Becker to adopt Commission Resolution No. 3962, Assessment for Delinquent Snow Removal. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:29:40 [18:19:48] 3. Resolution No. 3960, Delinquent Sewer Assessments (Rosenberry) 0:29:48 [18:20:54] Staff Report Finance Director Anna Rosenberry presented the staff report. 0:30:27 [18:20:58] Public Comment There was no public Comment 0:30:46 [18:21:10] Motion and Vote - It was moved by Cr. Becker, seconded by Cr. Rupp, to adopt Commission Resolution No. 3960, Assessment for Delinquent Sewer. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:31:01 [18:21:34] 4. Resolution No. 3961 Delinquent Garbage Accounts Assessment (Rosenberry) 0:31:05 [18:21:44] Staff Report 3 Finance Director Anna Rosenberry presented the staff report. 0:31:28 [18:22:47] Public Comment There was no public Comment 0:32:01 [18:23:12] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt Commission Resolution No. 3961, Assessment for Delinquent Garbage Accounts. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:32:20 [18:23:17] 5. Willowbend Annexation, #A-06006 (Knight) 0:32:33 [18:24:00] Staff Report Planner Martin Knight presented the staff report. 0:35:04 [18:24:08] Applicant - Lowell Springer Lowell Springer appeared for the applicants, Tom and Joan Schafer. 0:45:26 [18:24:34] Public Comment Mayor Krauss called for public comment. 0:45:40 [18:24:37] Public Comment - Ron Craighead Ron Craighead spoke against this development and cited the Bozeman 2020 plan. 0:52:34 [18:25:01] Public Comment - Billy Odneal Billy Odneal of 4200 South 3rd Road objected to Willowbend annexation and mentioned lack of services. 0:55:55 [18:25:10] Public Comment - Gerald Goldstein Gerald Goldstein spoke about the water rights and trees in the area. 1:00:47 [18:25:54] Public Comment - Bud Chapman Bud Chapman owns 4 lots on South 3rd Road in area and mentioned that property is not adjacent to current city limits. He also mentioned that he received no notice and is against the annexation of the property. 1:04:20 [18:25:55] Public Comment - Bill Quinn Bill Quinn of Goldenstien and South 19th mentioned lack of services and roads. 1:06:16 [18:26:07] Public Comment - Jane Quinn Jane Quinn referenced a letter from Derrick Strong. 1:06:50 [18:28:33] Public Comment - Jackie Anderson 4 Jackie Anderson of 4280 South 3rd. spoke against annexation referencing needed services. 1:08:04 [18:39:11] Public Comment - Lynn Hubert Lynn Hubert of 4240 South 3rd mentioned that the area is not safe for children on their bikes. 1:09:03 [18:39:28] Applicant - Lowell Springer 1:12:11 [18:39:32] Motion - It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Willowbend annexation, #A-06006, with the twelve recommended terms of annexation listed in the staff report and direct staff to prepare an annexation agreement for signature by the parties. 1:34:41 [19:06:28] Vote [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson to approve the Willowbend annexation, #A-06006, with the twelve recommended terms of annexation listed in the staff report and direct staff to prepare an annexation agreement for signature by the parties.] Those voting Aye being none. Those voting No being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. The motion failed. 1:36:01 [19:07:04] Motion and Vote - It was moved by Cr. Jacobson, seconded by Cr. Becker, to table the Willowbend zone map amendment application, #Z-06157 Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 1:37:16 [19:10:39] 7. Alley Vacation Request – Block 51 Northern Pacific Addition opened and continued from September 5th (Kerr) 1:37:44 [19:12:37] Staff Report Engineer Andrew Kerr presented the staff report. 1:43:10 [19:15:50] Motion - It was moved by Cr. Becker , seconded by Cr. Rupp to approve the petition to vacate Block 51, Northern Pacific Addition, and direct Staff to bring back a Resolution to Vacate for action on the next available Commission Consent Agenda. 1:44:00 [19:16:40] Vote [It was moved by Cr. Becker , seconded by Cr. Rupp to approve the petition to vacate Block 51, Northern Pacific Addition, and direct Staff to bring back a Resolution to Vacate for action on the next available Commission Consent Agenda.] 5 Those voting Aye being Crs. Becker, Rupp, Kirchhoff and Jacobson. Those voting No being Mayor Krauss. The motion carried. 1:44:08 [19:19:33] 8. Street Vacation Request – Portion of Old Highland Boulevard, opened and continued from September 5th (Kerr) 1:47:17 [19:30:40] Public Comment There was no Public Comment 1:47:24 [19:32:10] Motion and Vote - It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve the petition to vacate a Portion of Old Highland Boulevard with the condition that adequate utility easements are established for all utility lines with the platting of The Knolls at Hillcrest subdivision plat, and direct Staff to bring back the Resolution to Vacate for action on the next available Commission Consent Agenda with the condition that adequate utility easements be established. Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 1:47:55 [19:32:28] Break 2:02:57 [19:34:28] 9. Lot 24, Block A, Maple Terrace Subdivision, a rearrangement of Tracts 1, 2, 3, 4, 9, 11 and 13 of Homesites Subdivision, commonly known as 1811 Durston Road (Arkell) 2:03:02 [19:35:09] Staff Report Director of Public Works Debbie Arkell delivered the staff report. 2:15:18 [19:39:14] Motion - It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that subject property is not necessary to the conduct of City business. 2:16:43 [19:42:23] Vote [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson that subject property is not necessary to the conduct of City business.] Those voting Aye being Crs. Becker, Jacobson, Kirchhoff and Mayor Krauss. Those voting No being Rupp. The motion carried. 2:22:21 [19:58:33] Motion and Vote - It was moved by Cr. Jacobson, seconded by Cr. Becker, to direct staff to transfer property by preferred means, once the extent of the needed right-of-way is finally determined. 6 Those voting Aye being Crs. Becker, Rupp, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 2:23:06 [20:05:22] I. Action Items 2:23:12 [20:06:55] 1. City-County Inter-local agreement (Kukulski) 2:23:15 [20:07:28] Staff Report City Manager Chris Kukulski delivered the staff report. 3:18:53 [20:40:46] J. Non-Action Items 3:18:54 [20:44:52] 1. FYI/Discussion 3:19:00 [20:45:22] FYI - Ron Brey Mr. Brey updated the commission on the Affordable Housing Task Force. 3:20:58 [20:47:45] FYI - Ron Brey Ron spoke of his current and future workload, including the Northeast Urban Renewal Board, N 7th Urban Renewal Taskforce, Bozeman Creek Neighborhood Association. 3:22:05 [20:49:49] FYI - Debbie Arkell Debbie Arkell updated the commissioners on the DEQ permit for the Waste Water Treatment. 3:25:51 [20:53:13] FYI - Debbie Arkell The city has received the impact assessment for the Willson/College roundabout or signal. 3:26:38 [20:54:08] FYI - Debbie Arkell Debbie updated the commission on the status of street construction in the City. Durston Road is on schedule. Anne will be complete by October and Baxter Road has issues causing delays. 3:29:21 [20:54:19] FYI - Chris Kukulski Chris mentioned that a Residency Ordinance is in the pipeline. 3:30:24 [20:55:21] FYI - Chris Kukulski Stockyard, LLC submitted a revised mobile home park proposal 3:39:58 [21:15:57] FYI - Rupp Commissioner Rupp asked for a copy of the City Manager’s contract for review. 3:40:36 [21:16:00] FYI - Kirchhoff Commissioner Kirchhoff cited a theory that lack of people power might be slowing down build out. 3:42:08 [21:18:00] K. Adjournment 7 Mayor Krauss adjourned the meeting at 9:40 pm. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Stuart John Bernard, Deputy City Clerk Approved on ____________________. 8