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HomeMy WebLinkAbout11-05-07_Approve minutes from September 24, 2007_1LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 24, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street on Monday September 24, 2007. Present were Mayor Jeff Krauss, Cr. Steve Kirchhoff , Cr. Kaaren Jacobson, Cr. Jeff Rupp, City Manager Chris Kukulski, Finance Director Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul Luwe, City Clerk Stacy Ulmen, and Deputy City Clerk Cynthia Jordan Delaney. 0:07:41 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:02 pm. 0:07:45 B. Pledge of Allegiance and a Moment of Silence 0:08:39 C. Public Service Announcement - Citizen Advisory Board Vacancies (Delaney) Deputy City Clerk Cynthia Jordan Delaney presented a public service announcement regarding current vacancies on the Citizen Advisory Boards. 0:12:40 Mayor Krauss Mayor Krauss suggested that the category of Architectural Historian on the Historic Preservation Advisory Board be reclassified as Architect since it seems as though there have been difficulties filling the position. 0:13:11 Andy Epple, Planning Director Mr. Epple stated that this is a possibility, but that the position is defined by the Bozeman Municipal Code. 0:14:09 D. Authorize the Absence of Cr. Becker 0:14:14 Motion and Vote to authorize the absence of Cr. Becker It was moved by Cr. Rupp, seconded by Cr.Kirchhoff, to authorize the absence of Cr. Becker. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:14:28 E. Minutes - June 4, 2007 0:14:47 Motion and Vote to approve the minutes of June 4, 2007 as submitted. 4 Bozeman City Commission Minutes, Monday September 24, 2007 It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the minutes of June 4, 2007, as submitted. Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:15:06 F. Consent 1. Authorize Payment of Claims (LaMeres) 2. Finally adopt Ordinance No. 1720, Kagy Gardens II Zone Map Amendment #Z-07013 (Bristor) 3. Authorize City Manager to sign Amendment One to the Memorandum of Understanding with Montana Department of Transportation for the South 19th & College Street Signal Project (Hixson) 4. Authorize Director of Public Service to execute Oak Springs Subdivision Phase 4 Final Plat (Cooper) 5. Approve Cash-in-lieu of Parkland Dedication Request for Links Condos Site Plan #Z-07158 (Knight) 0:15:08 Public Comment Mayor Krauss opened the public comment. No public comment received. Mayor Krauss closed the public comment. 0:15:32 Motion and Vote to approve Consent Items F 1-5. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve Consent Items F 1-5. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:15:55 Cr. Rupp Cr. Rupp questioned Consent item number 3, regarding the Memorandum of Understanding with Montana Department of Transportation for the South 19th & College Street Signal Project. Cr. Rupp asked if the required match (to be paid by the City) is federally mandated. 0:16:32 City Manager Chris Kukulski Mr. Kukulski stated that when federal dollars come through the Department of Transportation, the state takes money out of the federal dollars to pay for administration and expenses related to a project at an approximate rate of 13%. 0:17:47 Mayoral Proclamation - American Indian Heritage Day Mayor Krauss proclaimed September 28, 2007 as American Indian Heritage Day. 2 5 Bozeman City Commission Minutes, Monday September 24, 2007 0:19:52 G. Public Comment Mayor Krauss opened public comment. 0:20:11 Mary Vanthull-Public Comment Mary Vanthull of 416 East Story Street, stated her concern for condition number 21 found in Bozeman Deaconess's Conditional Use Permit. Ms. Vanthull stated that the Conditional Use Permit involved the construction of a five story building expansion for Bozeman Deaconess that is now occupied. Ms. Vanthull explained that before the Conditional Use Permit was submitted, the Friends of Burke Park had petitions signed asking for the mitigation of more land from Bozeman Deaconess Hospital. This has not happened and more development is beginning. Ms. Vanthull wondered how much of the new changes at Highland Boulevard are being paid for by Bozeman Deaconess and how much by the City. 0:24:21 Mayor Krauss Mayor Krauss stated he thought the Highland Boulevard improvements were being done by a private developer. 0:25:02 Brian Leland-Public Comment Brian Leland, of 528 North Bozeman. He is proposing a wind generator in his back yard. He would like to install a Kansas style multi-blade windmill. There is nothing in the UDO that addresses windmills. He also wondered if he could serve on the U.S. Mayors' Climate Protection Agreement Task Force while serving on the City-County Board of Health. 0:28:31 Mr. Epple Mr. Epple recognized that wind generation does need to be looked into. 0:29:29 Mr. Epple Mr. Epple stated that he hopes to have a report to the Commission after the first of the year on urbanizing wind generation. 0:29:50 Public comment Closed. Mayor Krauss closed public comment. 0:29:55 H. Action Items 0:30:01 1. Resolution No. 4076, Levying and Assessing the Business Improvement District for Fiscal Year 2008 (Rosenberry) 0:30:17 Anna Rosenbery, Finance Director Ms. Rosenberry explained that on July 16, 2007, the Commission was presented the Business Improvement District work plan and budget by the Downtown Business Association. As a result of that presentation, Resolution No. 4076 has been drafted for approval. 0:31:22 Public Comment Mayor Krauss opened the public comment. 3 6 Bozeman City Commission Minutes, Monday September 24, 2007 No public comment was received. Mayor Krauss closed the public comment. 0:31:46 Cr. Rupp Cr. Rupp wondered if it was odd that the growth and the values in taxation were at the same level. 0:31:56 Ms. Rosenberry Ms. Rosenberry explained that this is a self assessing district. 0:32:17 Motion and Vote to approve Resolution No. 4076, levying and assessing the business improvement district for fiscal year 2008. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Resolution No. 4076, levying and assessing the business improvement district for fiscal year 2008. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:32:33 2. Resolution No. 4069, Levying and Assessing Maintenance and Electrical Current Costs for Special Improvement Lighting Districts for Fiscal Year 2008 (Rosenberry) 0:32:50 Ms. Rosenberry Ms. Rosenberry presented the staff report. This is the establishment of the costs to maintain and operate the district. 0:33:18 Public Comment Mayor Krauss opened the public comment. No public comment was received. Mayor Krauss closed the public comment. 0:33:30 Motion and Vote to approve Resolution No. 4069, levying and assessing maintenance and electrical current costs for special improvement lighting districts for fiscal year 2008. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution No. 4069, levying and assessing maintenance and electrical current costs for special improvement lighting districts for fiscal year 2008. Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 4 7 Bozeman City Commission Minutes, Monday September 24, 2007 0:33:42 3. Resolution No. 4075, Levying and Assessing Delinquent Sidewalk Repair Charges for Fiscal Year 2007 (Rosenberry) 0:33:46 Ms. Rosenberry Ms. Rosenberry presented the staff report. Ms. Rosenberry explained that when sidewalk payments become delinquent, the costs are sent to the County Treasurer's office to be collected through property taxes. 0:34:31 Public Comment Mayor Krauss opened the public comment. No public comment was received. Mayor Krauss closed the public comment. 0:34:41 Motion and Vote to approve Resolution No. 4075, levying and assessing delinquent sidewalk repair charges for fiscal year 2007. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve Resolution No. 4075, levying and assessing delinquent sidewalk repair charges for fiscal year 2007. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:35:02 4. Resolution No. 4077, Levying and Assessing Delinquent Water and Sewer Charges for Fiscal Year 2007 (Rosenberry) 0:35:12 Ms. Rosenberry Ms. Rosenberry presented the staff report. 0:35:57 Public Comment Mayor Krauss opened the public comment. No public comment was received. Mayor Krauss closed the public comment. 0:36:13 Motion and Vote to approve Resolution No. 4077, levying and assessing delinquent water and sewer charges for fiscal year 2007. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Resolution No. 4077, levying and assessing delinquent water and sewer charges for fiscal year 2007. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:36:25 5. Resolution No. 4078, Levying and Assessing Delinquent Removal of Solid Waste Charges for Fiscal Year 2007 (Rosenberry) 5 8 Bozeman City Commission Minutes, Monday September 24, 2007 0:36:32 Ms. Rosenberry Ms. Rosenberry presented the staff report. 0:36:47 Public Comment Mayor Krauss opened the public comment. No public comment was received. Mayor Krauss closed the public comment. 0:36:57 Motion and Vote to approve Resolution No. 4078, levying and assessing delinquent removal of solid waste charges for fiscal year 2007. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution No. 4078, levying and assessing delinquent removal of solid waste charges for fiscal year 2007. Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:37:12 6. Provisional Adoption of Ordinance No. 1722, Allowing for the Fee Change of Alcohol Licenses to be Established by Resolution (Rosenberry) 0:37:24 Ms. Rosenberry Ms. Rosenberry presented the staff report. Rosenberry stated that this is a change to an existing ordinance. The current fees for beer, wine, and liquor are currently addressed through an ordinance and have not been increased for over 15 years. The request is to amend the Bozeman Municipal Code to allow the fees to be set by resolution. 0:38:31 Public Comment Mayor Krauss opened the public comment. No public comment was received. Mayor Krauss closed the public comment. 0:38:43 Motion and Vote to provisionally adopt Ordinance No. 1722, allowing for the fee change of alcohol licenses to be established by resolution. It was moved by Cr. Jacobson, seconded by Cr. Rupp, to provisionally adopt Ordinance No. 1722 , allowing for the fee change of alcohol license to be established by resolution. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 4-0. 0:39:14 I. FYI/Discussion 0:39:23 Mr. Kukulski 6 9 Bozeman City Commission Minutes, Monday September 24, 2007 Mr. Kukulski noted that on October 8, 2007 the agenda was light and followed the week of League of Cities Conference. He wondered if the Commission would be opposed to cancelling that meeting. 0:40:24 Mayor Krauss Mayor Krauss asked if it would be wise to meet on October 29th, which would otherwise be the fifth Monday. 0:40:50 Cr. Rupp Cr. Rupp shared that he would be gone on October 29th. 0:41:13 Mayor Krauss Mayor Krauss stated that three Commissioners agreed to cancel the meeting on October 8, 2007. 0:41:21 Mr. Kukulski Mr. Kukulski reminded the Commission that there will be a Thursday policy meeting discussing arterials and lot frontage. 0:42:29 Mr. Epple Mr. Epple asked for some ideas the Commission would like him to include in his policy meeting presentation. 0:44:14 Mayor Krauss Mayor Krauss suggested that alleyways, parking on streets that do not allow parking, and fences should be addressed in the presentation. 0:44:47 Mr. Kukulski Mr. Kukulski shared a potential of lots fronting arterials being exceptions to the lot size in the subdivision. 0:46:47 Cr. Jacobson Cr. Jacobson wondered if the Commission would be open to discussing the Noise Ordinance at a future policy meeting. 0:48:07 Cr. Rupp Cr. Rupp stated that the Commission needs to respond to complaints relating to the Noise Ordinance. 0:48:28 Mr. Epple Mr. Epple explained that it is difficult to limit noise in an M-1 operation. 0:49:54 Cr. Rupp Cr. Rupp stated that he is supportive of having a conversation regarding the Noise Ordinance. 0:50:05 Mr. Kukulski 7 10 Bozeman City Commission Minutes, Monday September 24, 2007 Mr. Kukulski explained that the City wants designated areas where there are businesses that can work around the clock. A healthy business district is important. 0:52:13 J. Adjournment Mayor Krauss adjourned the meeting at 6:49 pm. ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ____________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, City Clerk Approved on___________________________. 8 11