HomeMy WebLinkAbout2-05-07LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 16, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Tuesday, January 16, 2007, at 5:00 PM. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City
Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, City
Attorney Paul Luwe, Assistant City Attorney Tim Cooper and City Clerk Brit Fontenot.
0:16:05 [17:03:52] A. Call to Order - 5:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
0:16:08 [17:04:28] B. Pledge of Allegiance and Moment of Silence
0:16:51 [17:04:53] C. Work Session - 5:00 PM - 6:00 PM - Local Government Study Commission
Report Implementation Recommendations
Present and representing the Local Government Study Commission were Loren Olsen, Chair,
Harold Fryslie, Brian Close and Marilou Turrentine.
0:17:38 [17:05:28] Mr. Olsen
Mr. Olsen called the LGSC meeting to order.
The City Commission and the Local Government Study Commission discussed the charter
implementation.
Mayor Krauss called for a 5 minute break.
1:21:43 [17:57:31] D. Public Service Announcement
City Clerk Brit Fontenot informed the Commission and the public about the availability of digital
packets and other Commission related material on the City of Bozeman website
(www.bozeman.net).
City Manager Chris Kukulski informed the Commission and the public about recent work by the
Streets Department and Streets Superintendent John Van Delinder to coordinate plowing and other
street information with neighborhood groups by e-mail.
1:26:30 [17:58:10] E. Minutes - December 14, 2006 Policy Meeting, January 8, 2007
1:26:42 [ ] Motion and Vote to approve the minutes of December 14, 2006 Policy Meeting,
January 8, 2007
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It was moved by Cr. Becker, seconded by Cr. Rupp, to amend the January 8, 2007 minutes
correcting a typographical error and approve the minutes of December 14, 2006 Policy
Meeting and the amended minutes of January 8, 2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:27:37 [18:10:50] F. Consent
1. Authorize payment of claims (LaMeres)
2. Approve the Monthly Building Report for December 2006 - Building Inspection Division
(Poulsen)
3. Approve Legends at Bridger Creek II Park Master Plan #P-06009A (Windemaker)
4. Adopt Resolution 3991, Intent to create SILD # 689 Diamond Estates #2 Phases 1-2
(Shannon)
5. Adopt Resolution 3992 authorizing participation in the Montana Municipal Insurance
Authority Employee Benefits Program (Rosenberry)
6. Approve Traditions Subdivision, Phase 1 Final Plat (Cooper)
1:27:42 [21:52:57] Public Comment
Mayor Krauss called for public comment on the consent agenda.
No person commented.
1:27:54 [21:54:11] Motion and Vote to approve Consent items 1 - 6.
It was moved by Commissioner Rupp, seconded by Cr. Kirchhoff, to approve Consent items 1
- 6.
Those voting Ave being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:28:10 [18:15:43] 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. There was also an opportunity in
conjunction with each agenda item for comments pertaining to that item.
1:28:44 [18:16:52] Public Comment - Stacy Jackson
Ms. Jackson resides at 1523 Alder Court in Bozeman and suggested that the City add provisions to
the Unified Development Ordinance which would aid in situations such as hers where proposed
increases to density and dramatic changes to established neighborhoods could be disallowed by
neighborhood petitions.
1:32:35 [18:17:23] H. Action Items
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1:32:38 [18:17:36] 1. Little Bear House Zone Map Amendment, #Z-06249 (Sanford)
1:32:44 [18:18:01] Staff Report
Planning Director Andy Epple presented the staff report
1:34:24 [18:22:03] Applicant - Brian Hamer
The Applicant, Brian Hamer, appeared on his own behalf.
1:35:03 [18:23:03] Public Comment
Mayor Krauss called for public comment.
No person commented.
1:37:58 [18:23:36] Motion to approve the municipal zoning designation of R-S for the Little
Bear House, #Z-06249.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the municipal zoning
designation of R-S (Residential Suburban District) for the Little Bear House, #Z-06249.
1:38:19 [ ] Friendly Amendment - Mayor Krauss
Mayor Krauss offered a friendly amendment to Cr. Kirchhoff's motion adding an instruction
to waive the fees for Zone Map Amendment on a reapplication if a solution is found.
1:40:34 [ ] Vote to approve the municipal zoning designation of R-S for the Little Bear
House, #Z-06249, including friendly amendment.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the municipal zoning
designation of R-S (Residential Suburban District) for the Little Bear House, #Z-06249.]
[Friendly Amendment: Mayor Krauss offered a friendly amendment to Cr. Kirchhoff's
motion adding an instruction to waive the fees for Zone Map Amendment on a reapplication
if a solution is found.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
1:40:46 [18:23:47] 2. Park and Recreation Advisory Board Appointments (Bernard)
1:40:52 [18:24:28] Motion to reappoint David Cook, Sandy Dodge and Sue Henning to the
Recreation and Parks Advisory Board.
Acting as a Commissioner (gavel handed to Mayor Pro Tem Jacobson), Mayor Krauss
motioned, seconded by Cr. Becker, to reappoint David Cook, Sandy Dodge and Sue Henning
to the Recreation and Parks Advisory Board.
1:41:46 [18:25:05] Public Comment
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Mayor Pro Tem Jacobson called for public comment.
No person commented.
1:41:49 [18:27:26] Vote on motion to reappoint David Cook, Sandy Dodge and Sue Henning to
the Recreation and Parks Advisory Board.
[Acting as a Commissioner (gavel handed to Mayor Pro Tem Jacobson), Mayor Krauss
motioned, seconded by Cr. Becker, to reappoint David Cook, Sandy Dodge and Sue Henning
to the Recreation and Parks Advisory Board.]
Those voting Aye being Mayor Krauss, Crs. Becker, Rupp, Kirchhoff and Jacobson.
Those voting No being none.
The motion carried 5 - 0.
1:42:07 [18:30:24] 3. Exit Conference for financial audit of Fiscal Year 2005-2006 (LaMeres)
1:42:33 [18:30:42] Introduction
Finance Director Anna Rosenberry introduced Kyla Stafford of the firm of Anderson Zermuelen.
1:43:04 [18:31:20] Kyla Stafford
Kyla Stafford of the firm of Anderson Zermuelen presented the financial audit report of Fiscal Year
2005-2006.
1:53:16 [18:38:40] Motion and Vote to accept the Comprehensive Annual Financial Report for
FY 2005-2006.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to accept the Comprehensive Annual
Financial Report for FY 2005-2006.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those
voting No being none.
The motion carried 5 - 0.
1:53:49 [18:39:33] 4. Request for Letter of Support from City Commission: Thomas
Development/West Winds Community application to State of Montana for Low Income
Housing Tax Credits (Roberty)
1:54:11 [18:41:16] Applicant Request
Thomas Mannschreck, owner of Thomas Development, 413 West Idaho Street, Boise, Idaho
introduced his request for a letter of support from the City Commission in regards to the West
Winds Community application to State of Montana for Low Income Housing Tax Credits.
2:01:57 [18:46:14] Public Comment
Mayor Krauss called for public comment.
No person commented.
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2:02:23 [18:46:21] Applicant's response
2:17:47 [19:01:38] Motion to provide a letter of support from the City Commission to Thomas
Development/West Winds Community application to State of Montana for Low Income
Housing Tax Credits.
It was moved by Cr. Becker, (Cr. Kirchhoff passed) seconded by Cr. Jacobson, to provide a
letter of support from the City Commission to Thomas Development/West Winds Community
application to State of Montana for Low Income Housing Tax Credits.
2:18:28 [21:50:19] Commissioner Rupp abstained from offering a second to Cr. Becker's
motion. Commissioner Rupp is a member of the Montana Board of Housing and will be
voting on this development in the future he stated he would abstain from the motion and vote.
2:24:50 [19:06:05] Vote on motion to provide a letter of support from the City Commission to
Thomas Development/West Winds Community application to State of Montana for Low
Income Housing Tax Credits.
[It was moved by Cr. Becker, (Cr. Kirchhoff passed) seconded by Cr. Jacobson, to provide a
letter of support from the City Commission to Thomas Development/West Winds Community
application to State of Montana for Low Income Housing Tax Credits.]
Those voting Aye being Crs. Becker and Mayor Krauss.
Those voting No being Crs. Jacobson and Kirchhoff.
Those abstaining being Cr. Rupp.
The vote tied 2 -2.
Commissioner Rupp voted No to break the tie.
The motion failed 3 – 2.
2:25:35 [19:06:18] 5. Ware Fence Sketch/Certificate of Appropriateness with Deviation, #Z-
06089 (Krueger)
2:26:45 [19:08:02] Break
Mayor Krauss called for a break.
2:45:48 [19:09:26] Call to order
Mayor Krauss called the meeting to order.
2:45:52 [19:10:59] Staff Report
Planning Director Andy Epple presented the staff report on behalf of Planner Brian Krueger.
2:54:57 [19:33:07] Applicant
Mr. Christopher Grey appeared for the applicant, Mr. Bill Ware.
3:04:32 [19:34:25] Public Comment
Mayor Krauss called for public comment.
No person commented.
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3:05:36 [19:36:40] Motion to approve the Ware Fence Sketch Plan and Certificate of
Appropriateness application #Z-06089 as conditioned by Planning Staff.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Ware Fence Sketch
Plan and Certificate of Appropriateness application #Z-06089 as conditioned by Planning
Staff.
3:07:02 Substitute Motion to approve the Ware Fence Sketch Plan and Certificate of
Appropriateness application #Z-06089.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Ware Fence Sketch
Plan and Certificate of Appropriateness application #Z-06089.
3:13:46 [20:01:18] Applicant
Christopher Grey appeared for the applicant.
3:17:21 [20:02:45] Commissioner Becker - Friendly Amendment
Commissioner Becker suggested the inclusion of Condition 3: This project shall be
constructed as approved and conditioned in the Certificate of Appropriateness with
deviations application. Any modifications to the submitted and approved drawings shall
invalidate the project's approval unless the applicant submits the proposed modifications for
review and approval by the Department of Planning prior to undertaking said modifications,
as required by Section 18.64.110 of the Bozeman Unified Development Ordinance.
3:17:46 [21:46:56] Acceptance of the Friendly Amendment
Commissioner Rupp accepted the friendly amendment to include approval with Condition 3:
This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Department of Planning prior to
undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified
Development Ordinance, seconded by Cr. Kirchhoff.
3:25:35 [20:04:55] Vote to approve the Ware Fence Sketch Plan and Certificate of
Appropriateness application #Z-06089, including Condition 3.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Ware Fence Sketch
Plan and Certificate of Appropriateness application #Z-06089, including Condition 3: This
project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Department of Planning prior to
undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified
Development Ordinance.]
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Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Rupp, Becker and Mayor Krauss.
The motion failed 2-3.
3:27:25 [20:05:08] Motion and Vote to approve the Ware Fence Sketch Plan and Certificate of
Appropriateness application #Z-06089 including Conditions 1 and 3 from the staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Ware Fence Sketch Plan
and Certificate of Appropriateness application #Z-06089 including conditions 1 and 3 from
the staff report.
Those voting Aye being Crs. Becker, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 4 - 1.
3:29:37 [20:08:55] 6. Amendments to Title 18, Unified Development Ordinance, of the
Bozeman Municipal Code #Z06263 (Windemaker)
3:31:24 [20:08:59] Staff Report
Assistant Planning Director Chris Saunders and contract planner Lanette Windemaker presented
the staff report.
3:49:17 [20:32:18] Public Comment
Mayor Krauss called for public comment.
No person commented.
3:50:30 [20:33:57] Motion and Vote to continue the hearing on Amendments to Title 18,
Unified Development Ordinance, of the Bozeman Municipal Code, #Z06263, to Monday,
January 22, 2007.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue the hearing on
Amendments to Title 18, Unified Development Ordinance, of the Bozeman Municipal Code,
#Z06263, to Monday, January 22, 2007.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:51:12 [20:34:43] I. FYI/Discussion
3:51:17 [20:35:03] 1. Discussion of Big Box Fund (Rosenberry)
3:51:50 [20:36:03] Staff Report
Finance Director Anna Rosenberry presented the staff report.
4:08:55 [20:42:44] Public comment
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Mayor Krauss called for public comment.
4:09:08 [20:44:02] Public Comment - Lowell Springer
Lowell Springer resides in Bozeman and stated he was on the task force and was part of the Home
Depot approval process.
4:11:07 [20:44:03] Public Comment - Thomas Mannschreck
Thomas Mannschreck stated that those big box jobs created are mostly those for income qualified
[affordable housing] homes.
4:13:19 [20:44:04] Public Comment - Caren Roberty
Caren Roberty is a member of CAHAB and stated that other organizations will soon be requesting
big box funds.
4:35:14 [21:19:07] Motion to appoint Crs. Rupp and Becker to a sub-committee to determine
the decision criteria for awarding big box funds.
It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, that Crs. Rupp and Becker form
a sub-committee to determine the decision criteria for awarding big box funds.
4:38:00 Vote to appoint Crs. Rupp and Becker to a sub-committee to determine the decision
criteria for awarding big box funds.
[It was moved by Cr. Kirchhoff, seconded by Mayor Krauss, that Crs. Rupp and Becker form
a sub-committee to determine the decision criteria for awarding big box funds.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
4:38:48 [21:19:58] FYI - City Clerk
Mr. Fontenot reminded the Commission that the next meeting will take place at City Hall.
Additionally, he requested schedule updates from the Commissioners.
4:40:20 [21:20:26] FYI - Mr. Kukulski
Mr. Kukulski requested the presence of Commissioners at the upcoming budget hearings.
4:42:46 [21:20:39] Commissioner Jacobson
Commissioner Jacobson stated that she attended most of the 2006 budget hearings.
4:43:04 [21:21:13] Mayor Krauss
Mayor Krauss stated his preference for a 4 PM to 6 PM meeting schedule.
4:51:51 [21:24:25] FYI - Mr. Kukulski
Mr. Kukulski reminded the Commission that the residency ordinance will be before the
Commission next week.
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4:55:29 [21:33:36] FYI - Mr. Kukulski
Informed the Commission about Senate Bill 215 (changing cap on 1/2 inflation rate on 3 yr. rolling
average to equal to the inflation rate).
5:02:12 [21:37:59] J. Adjournment
Mayor Krauss adjourned the meeting at 9:55 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
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