HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-02-12 18-00_10-18_February 5, 2007LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 5, 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 Monday, February 5, 2007, at 6:00 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
Engineer Rick Hixson, Assistant City Attorney Tim Cooper and City Clerk Brit Fontenot.
0:10:24 [18:03:00] A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
0:10:31 [18:03:01] B. Pledge of Allegiance and Moment of Silence
0:11:08 [18:03:46] Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski about changes to the agenda. Mr. Kukulski
stated that a special presentation of MSU Tomorrow by Walter Banziger was inadvertently left off
the agenda, an addendum had been issued and the special presentation should become the new
letter G.
0:11:55 [18:04:30] C. Public Service Announcement
City Clerk Brit Fontenot updated the Commission and the public about current City board
vacancies.
0:17:50 [18:11:03] D. Minutes - January 16, 2007 and January 25, 2007 Policy Meeting
0:17:54 [22:50:12] Motion and Vote to approve the minutes of January 16, 2007 and January
25, 2007 Policy Meeting
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of January 16,
2007 and January 25, 2007 Policy Meeting.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those voting No being none
The motion carried 5-0.
0:18:11 [18:11:04] E. Consent
1. Authorize payment of claims (LaMeres)
2. Adopt Resolution 3999, Intent to Create Special Improvement Lighting District #690 Cattail
Creek Sub Phases 2 & 3 (Shannon)
3. Acknowledge receipt of street vacation request (Fontenot)
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4. Approve Resolution 3996, Billion-Norton Growth Policy Amendment #P-06065, Resolution of
Intent (Sanford)
5. Authorize the City Manager to sign Public Street and Utility Easement (Bozeman Lakes, LLC)
Valley West Subdivision (Stodola)
6. Provisionally adopt Ordinance 1693, Adopting Amendments to Title 18, Unified Development
Ordinance, of the Bozeman Municipal Code, #Z-06263 (Windemaker)
7. Ratify Approval of Special Permit for Bridger Clinic, Inc. to sell beer or wine at the Emerson
Cultural Center on February 3 & 4, 2007 (Neibauer)
8. Authorize City Manager to sign Public Access Easement - Gallatin Green Live/Work Condos
(Heaston)
9. Authorize City Manager to sign Public Street & Utility Easement - Zach Anderson (Heaston)
10. Approve Wierda Minor Subdivision Final Plat and authorize the Director of Public Service to
execute the same on behalf of the City of Bozeman (Cooper)
0:18:17 [18:11:06] Public comment - Consent
Mayor Krauss called for public comment on the Consent agenda.
No person commented.
0:18:33 [18:11:19] Motion and Vote to approve Consent items 1 - 10
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve Consent items 1 - 10.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:18:45 [18:11:40] F. 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.
0:19:22 [18:12:41] G. Special Presentation - MSU Tomorrow (Walter Banziger)
Walter Banzinger, Director of Planning, Design and Construction at Montana State University
provided the Commission with an informational presentation on MSU's campus planning efforts
and possibilities.
0:48:25 [18:35:41] H. Action Items
0:48:29 [18:37:54] 1. Provisionally Adopt Ordinance 1691 amending Bozeman Municipal
Code to reflect that a tie Commission vote results in a negative outcome, tabled from January
29 (Luwe)
0:49:02 [18:39:12] Staff report
Mr. Kukulski presented the staff report.
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1:10:44 [19:03:12] Motion to provisionally adopt Ordinance 1691 amending Bozeman
Municipal Code to reflect that a tie Commission vote results in a negative outcome.
It was moved by Cr. Becker, seconded by Mayor Krauss, to provisionally adopt Ordinance
1691 [amending Bozeman Municipal Code to reflect that a tie Commission vote results in a
negative outcome].
1:14:13 [19:04:50] Vote to provisionally adopt Ordinance 1691 [amending Bozeman
Municipal Code to reflect that a tie Commission vote results in a negative outcome].
[It was moved by Cr. Becker, seconded by Mayor Krauss, to provisionally adopt Ordinance
1691 (amending Bozeman Municipal Code to reflect that a tie Commission vote results in a
negative outcome)].
Those voting Aye being Cr. Becker and Mayor Krauss.
Those voting No being Kirchhoff, Jacobson and Rupp.
The motion fails 2-3.
1:14:50 [19:04:58]2. Bozeman Area Bicycle Advisory Board (BABAB) Board Reappointments
(Delaney)
1:15:14 [19:07:13] Motion and Vote to reappoint Emily Harrington, Jason Delmue and Jeff
Ball to the Bozeman Area Bicycle Advisory Board.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to reappoint Emily Harrington,
Jason Delmue and Jeff Ball to the Bozeman Area Bicycle Advisory Board.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:15:38 [19:07:38] 3. Mayoral Appointment to the City Planning Board (Delaney)
1:15:48 [22:46:20] Mayor Krauss appointed William Quinn to the City Planning Board as the
Gallatin County representative.
1:16:21 [19:08:09] 4. Norton East Ranch Master Development Plan (Sanford)
1:16:47 [19:09:08] Staff Report
Mr. Epple presented the staff report.
1:33:07 [19:10:39] Applicant
Tom Hennesh of Big Sky Land Consulting appeared for the applicant. Also present was applicant
Kevin Spencer.
1:41:49 [22:47:25] Public Comment
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Mayor Krauss called for public comment.
1:42:04 [19:25:58] Public Comment - Lyle Happle
Lyle Happle is an owner of the conservation easement to the west of the proposed development. He
noted that the development is devastating, and that his land value is sacrificed by placing property
in conservation easements. He rhetorically asked what does the public owe the conservation
easement owners for the viewshed? He noted stated that the more buffer the better but questioned
the notion of a street, sidewalk and jogging path so closely aligned.
1:49:18 [19:26:12] Public Comment - Al Lien
Al Lien resides at 8507 Huffine Lane is the second conservation easement owner and is concerned
about the groundwater and street location.
1:55:22 [19:36:08] Public Comment - Greg Stratton
Greg Stratton is with the Aspen Group, developers of the Valley West subdivision and adjacent
properties. He is proposing a 3rd street connection preferring to work with the applicant for
connectivity purposes.
2:02:18 [19:43:55] Public Comment - Al Lien
Mr. Lien reminded the Commission that the conservation easements were paid for with private
funding.
2:03:16 [19:48:05] Applicant Rebuttal
Tom Hennish appeared for the applicant.
2:06:00 [19:53:41] Questions for applicant or staff
Tom Hennish, appeared for the applicant.
2:15:21 [20:08:11] Mayor Krauss - Closure of the Public Hearing
No formal action was taken, however direction was given to staff.
2:40:04 [20:32:30] Break
Mayor Krauss called for a 10 minute break.
2:56:45 [20:32:51] Call to order
Mayor Krauss called the meeting to order.
2:56:50 [20:33:55] 5. Impact Fee Credit Request No. 0604, impact fee credits for
improvements to Baxter Lane (Saunders)
2:56:59 [20:34:50] Staff report
Assistant Planning Director Chris Saunders presented the staff report
3:00:18 [20:35:40] Applicant
Susan Swimley appeared for the applicant.
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3:00:41 [20:52:51] Public comment
Mayor Krauss called for public comment.
No person commented.
3:00:54 [20:53:01] Motion and Vote to approve Impact Fee Credit Request application No.
0604 with conditions listed in the Commission memo.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve Impact [Fee Credit
Request application No.] 0604 for Baxter Lane with the four staff conditions (see conditions
below).
Conditions:
1. The credit will be paid as a single amount.
2. The final value of the credit will not be determined until final project costs are available. A
preliminary credit of $701,210.38 has been identified based upon awarded bids for total work
less anticipated project related costs. The final credit value will be adjusted to remove project
related costs as required by Chapter 3.24, BMC.
3. No credits will be available until the project is completed and accepted and final costs for
the project are provided to and accepted by the City.
4. The applicant shall agree in writing to the above listed conditions of approval prior to the
credits becoming effective.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss.
Those voting No being none.
The motion carried 5 - 0.
3:01:25 [20:53:02] 6. Finally adopt Ordinance No. 1690, Repeal of Chapter 2.72 of the
Bozeman Municipal Code Pertaining to Residency Restrictions for City Employees (Berg)
3:01:38 [20:56:16] Staff report
Mr. Kukulski presented the staff report.
3:03:25 [20:56:29] Public comment
Mayor Krauss called for public comment.
No person commented.
3:03:38 [20:56:52] Motion to finally adopt Ordinance No. 1690, repealing Chapter 2.72 of the
Bozeman Municipal Code Pertaining to Residency Restrictions for City Employees.
It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to finally adopt Ordinance No. 1690,
repealing Chapter 2.72 of the Bozeman Municipal Code pertaining to residency restrictions
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for City Employees.
3:11:14 [21:01:43] Vote to finally adopt Ordinance No. 1690, repealing Chapter 2.72 of the
Bozeman Municipal Code pertaining to residency restrictions for City Employees.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to finally adopt Ordinance No.
1690, repealing Chapter 2.72 of the Bozeman Municipal Code pertaining to residency
restrictions for City Employees.]
Those voting Aye being Crs. Becker, Jacobson and Mayor Krauss.
Those voting No being Crs. Kirchhoff, Rupp.
The motion carried 3 - 2.
3:11:55 [21:02:44] 7. Solid Waste Management Update for the Convenience Station, Joining
the Gallatin County Solid Waste Management District, and a Long Range Plan (Johnson)
3:12:15 [21:04:01] Staff report
Sanitation Superintendent Steve Johnson presented the staff report.
3:53:57 [22:50:31] Public comment
Mayor Krauss called for public comment.
3:54:06 [21:45:30] Public comment - Dane Gamble
Dane Gamble resides at 13 Hitching Post Road and is a business owner in the City. He is opposed
to opening a new cell at the City Landfill.
3:59:05 [21:47:24] Public comment - Bill Bernard
Bill Bernard resides at 2513 Valhalla Court and is opposed to further landfill expansion.
4:02:40 [21:48:10] Public comment - Paul Rugheimer
Paul Rugheimer resides at 506 Oxford Drive and owns property across from the landfill. He
opposes any expansion of landfill.
4:04:56 [21:49:12] Mayor Krauss
Mayor Krauss suspended the rules until 10:45 PM.
4:05:14 [21:49:46] Public comment - Dorwin Schreuder
Dorwin Schrader resides at 8000 Vista Lane in Grandview Heights. He represented 56 lots in
Grandview Heights with his comments. He opposes the expansion of the landfill and noted that
the height of the landfill has grown too high and cautioned continued growth.
4:10:12 [21:51:14] Public comment - Susan Swimley on behalf of the Rugheimer family and
Churn Creek Partners
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Susan Swimley appeared on behalf of the Rugheimer family and Churn Creek Partners. She noted
the inconsistencies in Bozeman's adopted long and short-term plans and the stated conditions for
joining the Solid Waste District.
4:13:20 [21:56:20] Public comment - Charles Bowen
Charles Bowen resides at 3070 McIlhatten Road and approves of the City joining the Solid Waste
District but has concerns about paragraph 7 in the draft interlocal agreement.
4:17:58 [22:00:06] Public comment - Kathy Gallagher
Kathy Gallagher is a hydro-geologist and served on City-County committee to form the Gallatin
Solid Waste Mgmt. District and she supports the joining of the District. She stated that the existing
landfill is unsuitable for expansion and noted that if the Commission supports the Kyoto Protocol
then they have an obligation not to expand.
Additionally, she represented John McIlhatten who supports the joining of the District but does not
want to see expansion of the landfill.
4:20:51 [22:02:39] Public comment - Barry Brown
Barry Brown resides at 525 Summer Ridge Road, Bozeman. He is upset that he was not notified of
this agenda item and opposes any landfill expansion.
4:23:39 [22:02:50] Public comment - Lynn Rugheimer
Lynn Rugheimer resides at 1404 Story Mill Road. She supports joining the District but is
concerned about the household hazardous waste convenience station and safety issues surrounding
the bridge on Story Mill Road. She also requested a definition of what is "air space" in the context
of a landfill.
4:25:35 [22:07:46] Public comment - Dave Leverett
Dave Leverett resides at 510 East Gallatin in Belgrade and is co-owner of Four Corners Recycling.
He supports Bozeman joining the District and applauded the draft of the interlocal agreement.
4:26:48 [22:10:58] Public comment - Tom Miller
Tom Miller resides at 664 Greentree in Belgrade. He is the Gallatin County Solid Waste District
Director. He noted that the District is encouraged by the efforts of the City to join the District. He
also noted that the District Board has not had an opportunity to review the draft proposal but will
do so in a meeting later in the month.
4:28:03 [22:15:39] Rebuttal(s)
4:28:19 [22:18:43] Mr. Johnson
4:44:29 [22:33:09] Mayor Krauss
No formal action was taken however, Mayor Krauss provided direction to staff.
4:46:52 [22:35:46] 8. Resolution No. 4000, Final Creation of Special Improvement Lighting
District #689 Diamond Estates #2 Phases 1-2 (Rosenberry)
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4:47:22 [22:36:40] Mayor Krauss
Mayor Krauss suspended the rules until 10:50 PM.
4:47:51 [22:36:03] Staff Report
Finance Director Anna Rosenberry presented the staff report.
4:49:03 [22:37:18] Public Comment
Mayor Krauss called for public comment.
No person commented.
4:49:13 [22:38:34] Motion and Vote to adopt Resolution No. 4000, final Creation of Special
Improvement Lighting District #689 Diamond Estates #2 Phases 1-2.
It was moved by Cr. Rupp, seconded by Cr Jacobson, to adopt Resolution No. 4000, final
Creation of Special Improvement Lighting District #689 Diamond Estates #2 Phases 1-2.
Those voting Aye being Crs. Rupp, Jacobson and Mayor Krauss.
Those voting No being Crs. Becker and Kirchhoff.
The motion carried 3 - 2.
4:50:04 [22:41:26] I. Adjournment
Mayor Krauss adjourned the meeting at 10:55 PM.
______________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Brit Fontenot, City Clerk
PREPARED BY:
______________________________________
Brit Fontenot, City Clerk
Approved on ____________________.
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