HomeMy WebLinkAbout11-13-07_June 11, 2007_2MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 11, 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, June 11, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, Assistant
City Manager Ron Brey, Planning Director Andy Epple, Finance Director Anna Rosenberry,
Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot.
0:11:44 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order.
0:11:46 B. Pledge of Allegiance and a Moment of Silence
0:12:54 Changes to the Agenda
Assistant City Manager Ron Brey mentioned that Consent item No. 5 [Award bid for
improvements to the City landfill sewer service (Johnson)] needs to be pulled since it isn't ready yet
for the Commission's consideration. It should be back before the Commission in one week.
0:13:42 C. Public Service Announcement - Update on Main Street Project (Arkell)
Director of Public Service Debbie Arkell updated the Commission on city-wide construction
projects.
0:21:05 Mayors' Climate Protection Task Force Application Deadline Extension
Administrative Intern Hattie Baker updated the Commission and the public on the extension of the
deadline to June 22 for submitting applications for the Mayors' Climate Protection Task Force.
0:21:39 D. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize City Manager to sign parking lot lease agreement subject to review and approval
by the City Attorney (Rosenberry)
3. Authorize City Manager to sign release and reconveyance document for existing 10' wide
Utility Easements (Heaston)
4. Award bid for one new 2007 front-load refuse packer (Johnson)
5. **REMOVED** Award bid for improvements to the City landfill sewer service (Johnson)
6. Approve the Monthly Building Report for May 2007 (Poulsen)
7. Approve final plat of Valley West Phase 3D (Cooper)
0:21:46 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:22:04 Motion to approve consent items 1-4, 6, and 7.
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It was moved by Cr. Becker, seconded by Cr. Rupp, to approve consent items 1-4, 6, and 7.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:22:18 E. Public Comment
Mayor Krauss opened public comment.
0:22:44 Lorin Sanden - Public Comment
Mr. Sanden is the Pastor of Hope Lutheran Church. He wanted to thank the Commission and the
City of Bozeman for their willingness to be involved in the consideration of the Hope Lutheran
Church Conditional Use Permit.
0:23:12 Mayor Krauss
Mayor Krauss asked Mr. Sanden not to comment about this item unless they open public comment
about this later. The public hearing was closed, and Cr. Rupp will review the record and make a
decision.
0:24:17 Thomas Mosser - Public Comment
Mr. Mosser resides at 120 West Main Street. He wanted to inform the Commission about his
experience of being assaulted last Thursday in front of the entrance to the Baxter Hotel. He stated
that he has also in a sense been assaulted by the City of Bozeman, specifically the Planning Dept.
that recommended denial of his City Hotel project and then sent a letter putting a condition on his
project that overturns the City Commission's approval. He handed out a packet of information.
0:26:28 Public Comment closed.
Mayor Krauss closed public comment.
0:26:32 F. Action Items
0:26:34 1. Commissioner Rupp's vote to break the 2-2 tie on Commissioner Jacobson's
motion to amend Commissioner Becker's original motion to approve the Hope Lutheran
Church Conditional Use Permit #Z-07088 as conditioned by staff by removing Condition 15
which states, "The entire width of North 20th Avenue shall be constructed from Enterprise
Drive to Graf Street." (Riley)
0:27:55 Motion to suspend the rules at least for Commission discussion.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to suspend the rules at least for
Commission discussion, and if the Commission would like it to be open to the public as well so
we could hear more that would be fine with me.
0:29:13 Cr. Rupp
Cr. Rupp stated that he has reviewed the record and is ready to vote.
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0:32:06 Vote to suspend the rules at least for Commission discussion.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to suspend the rules at least for
Commission discussion, and if the Commission would like it to be open to the public as well so
we could hear more that would be fine with me.]
Those voting Aye being Crs. Kirchhoff, Becker, and Mayor Pro Tem Jacobson.
Those voting No Being Crs. Rupp and Mayor Krauss.
The motion carried 3-2.
1:06:19 Cr. Rupp's Vote to break the 2-2 tie.
Cr. Rupp voted Aye to break the 2-2 tie from June 4, 2007 on Commissioner Jacobson's
motion to amend Commissioner Becker's original motion "to approve the Hope Lutheran
Church Conditional Use Permit #Z-07088 as conditioned by staff" by removing Condition 15:
"The entire width of North 20th Avenue shall be constructed from Enterprise Drive to Graf
Street."
The motion carried 3-2.
From June 4, 2007: [Vote on the amendment to remove condition 15: "The entire width of
North 20th Avenue shall be constructed from Enterprise Drive to Graf Street."
Those voting Aye being Mayor Pro Tem Jacobson and Cr. Pro Tem Krauss.
Those voting No being Crs. Becker and Kirchhoff.
The motion tied 2-2.]
1:06:44 2. Hope Lutheran Church Conditional Use Permit #Z-07088 (Riley)
1:07:30 Ron Brey, Assistant City Manager
Mr. Brey clarified the Rules of Procedure and what reopening the public hearing would entail.
1:08:55 Mayor Krauss
Mayor Krauss stated that they are not in a public hearing. It would be appropriate to ask the
applicant questions.
1:09:49 Cr. Becker
Cr. Becker stated that it would be a good time to hear from the applicant, especially in regard to the
alternatives.
1:10:21 Dan Larson, Applicant
Mr. Larson, of 4 Lariat Loop, is Co-Chair of the Hope Lutheran Church Expand our Mission
Steering Committee that has led this project. Their suggestion with the removal of 20th Street
construction: they would concur with the staff recommendation that as a condition of occupancy
that the church either individually or together with the Meadow Creek Subdivision developer
complete the extension of Enterprise from where it ends over at Parkway, but that there would be
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access to their second access point. The clarification they would have is until such time as Meadow
Creek moves forward with the remainder of Phase 2, there is no reason to construct a road to
nowhere continuing to the east from their entry point. For one of the conditions of approval and
submittal, they would complete the north 12 feet that is the church's obligation, and the rest is
Meadow Creek Subdivision's obligation on Enterprise. At the time it needs to be completed, they
will make sure their 12 feet will be completed. He asked not to have an easement placed across this
property.
1:38:14 Mr. Murray
Mr. Murray clarified that if the Commission does something different than his recommended
condition in this latest memo (clarifying required street width) there was also an original condition
that said the applicant had to build Enterprise the entire length of their property. If the Commission
is going to do something short of requiring the entire width, they should probably strike that
original condition otherwise conditions will be contradictory (condition 17 from the original staff
report).
1:40:28 Mayor Krauss
Mayor Krauss said that they could change condition 17 to say, "The northern portion of Enterprise
Drive that is not being constructed as required of Meadow Creek Subdivision shall be constructed
as part of this project." Then, they (this applicant) would construct whatever piece they are required
that isn't Meadow Creek's. However, this wouldn't create a 24 foot street.
1:40:59 Mr. Murray
Mr. Murray stated that if the Commission comes back and has the applicant stop at the driveway,
he wants that to be clear as part of the motion rather than have it go the entire frontage. The original
condition was that they had to build the northern portion along that entire frontage.
1:41:59 Mr. Larson, Applicant
Mr. Larson agrees with the staff recommendation that by the time of occupancy, they will assure a
second access onto Enterprise and that they would complete it (whether 20 or 24 feet). They
understand that construction of Enterprise is an obligation of Phase 2 for Meadow Creek
Subdivision for Meadow Creek's completion of the 24 feet. They are comfortable with going to
Meadow Creek Partners and reaching a cost sharing or who goes first or second to complete that,
and that assures Hope Lutheran Church the second access point for the purposes of the UDO.
1:46:55 Mayor Krauss
Mayor Krauss clarified that the second access requires that Hope Lutheran construct the road with
Meadow Creek to their second access at South 22nd.
1:47:17 Motion to change Condition 17 in the Hope Lutheran Church Conditional Use
Permit.
It was moved by Mayor Krauss, seconded by Cr. Rupp, to change Condition 17 to read "The
northern portion of Enterprise Drive that is not being constructed as required of Meadow
Creek Subdivision shall be constructed as part of this project, and that the church (Hope
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Lutheran Church) as part of its second access construct the road with Meadow Creek
Subdivision to its second access at South 22nd."
1:48:54 Brit Fontenot, City Clerk
Mr. Fontenot asked if that is an additional amendment to the motion.
1:48:58 Mayor Krauss
Mayor Krauss clarified that that is an amendment to the original (motion), to the conditions of
approval of the subdivision. He stated that the elimination of Condition 15 has already been done,
voted on, and passed.
1:49:19 Vote to change Condition 17 in the Hope Lutheran Church Conditional Use Permit.
[It was moved by Mayor Krauss, seconded by Cr. Rupp, to change Condition 17 to read "The
northern portion of Enterprise Drive that is not being constructed as required of Meadow
Creek Subdivision shall be constructed as part of this project, and that the church (Hope
Lutheran Church) as part of its second access construct the road with Meadow Creek
Subdivision to its second access at South 22nd."]
Those voting Aye being Mayor Krauss, Cr. Rupp, Mayor Pro Tem Jacobson, and Cr. Becker.
Those voting No being Cr. Kirchhoff.
The motion carried 4-1.
1:49:41 Mayor Krauss
Mayor Krauss stated that he didn't want an easement enforced on the church.
1:49:56 Motion that if the property sells or is subdivided in the future, the easement become
available to the City.
It was moved by Mayor Krauss that if the (Hope Lutheran Church) property sells or is
subdivided in the future, the easement become available to the City.
1:50:57 Mr. Larson, Applicant
Mr. Larson asked that if the Commission places that condition on the property, clarify that it would
be a sale of the property or a change of use. If the Lutheran Church sold it to another church, he
doesn't see why an easement would come into play.
1:51:32 Additional Motion Language
Mayor Krauss agreed to the language "subdivided or a change of use" being included in the motion.
1:51:42 Mr. Epple
Mr. Epple stated that this could be a complicated deferred easement agreement.
1:52:12 Clarification of Motion
With the help of Mayor Krauss and Cr. Rupp, Mr. Fontenot clarified the motion: "If the property is
subdivided or a change of use, then an easement comes available to the City for South 20th."
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1:52:35 Motion Seconded
Cr. Rupp seconded Mayor Krauss' motion: If the property is subdivided or a change of use, then
an easement comes available to the City for South 20th.
1:55:48 Vote that if the property is subdivided or a change of use, then an easement comes
available to the City for South 20th.
[If the property is subdivided or a change of use, then an easement comes available to the City
for South 20th.]
Those voting Aye being Mayor Krauss, Cr. Rupp, and Mayor Pro Tem Jacobson.
Those voting No being Crs. Kirchhoff and Becker.
The motion carried 3-2.
1:55:58 Cr. Rupp
Cr. Rupp verified that the Commission has agreed that the landscaping requirements go away.
1:56:10 Mayor Krauss
Mayor Krauss agreed.
1:56:20 Motion to approve Conditions d. and e. out of the staff memo from June 11 (to
remove the landscaping requirements).
It was moved by Cr. Becker, seconded by Mayor Krauss, to approve Conditions d. and e. out
of the staff memo from June 11 (to remove the landscaping requirements).
Conditions from the June 11, 2007 staff memo:
d. Condition #1 shall be amended to remove the reference to required parking lot screening
along S. 20th Avenue.
e. Condition #2 shall be deleted which referenced the varying of street tree species along S.
20th Avenue.
Revised Conditions 1 and 2 from the June 4, 2007 staff report (changed per approved
Conditions d. and e. listed above):
1. As required under Chapter 18.48 of the Unified Development Ordinance (UDO), the
landscaping plan shall be amended to detail the boulder locations as referenced in the
landscaping points calculations. The final site plan shall also designate appropriate snow
removal/storage areas.
2. DELETED.
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Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Mayor Pro Tem Jacobson, and Mayor
Krauss.
Those voting No being none.
The motion carried 5-0.
1:56:58 Mayor Krauss
Mayor Krauss stated that they still need to vote on the original motion to approve from last week
that has been amended tonight. It's item 2 from tonight's agenda: Hope Lutheran Church
Conditional Use Permit #Z-07088 as amended.
1:58:14 Clarification of Original Main Motion
Cr. Rupp clarified that only the amendment was up to him (his tie-breaking vote), but the
Commission never voted on the main motion, and they are talking about a main motion that has
been amended several times. Cr. Rupp stated that the original motion is "to approve the Hope
Lutheran Church Conditional Use Permit #Z-07088 with the conditions of the staff report, as
amended."
[Original Motion from June 4, 2007: It was moved by Cr. Becker, seconded by Cr. Kirchhoff,
to approve the Hope Lutheran Church Conditional Use Permit as conditioned by staff.]
Amended Original Motion: It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to
approve the Hope Lutheran Church Conditional Use Permit as conditioned by staff, as
amended.
1:58:58 Vote to approve the Hope Lutheran Church Conditional Use Permit as conditioned
by staff, as amended.
[It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to approve the Hope Lutheran
Church Conditional Use Permit as conditioned by staff, as amended.]
Those voting Aye being Mayor Pro Tem Jacobson, Mayor Krauss, and Cr. Rupp.
Those voting No being Crs. Becker and Kirchhoff.
The motion carried 3-2.
Final Amended Conditions:
Planning Related:
1) As required under Chapter 18.48 of the Unified Development Ordinance (UDO), the
landscaping plan shall be amended to detail the boulder locations as referenced in the
landscaping points calculations. The final site plan shall also designate appropriate snow
removal/storage areas.
(The Commissioners approved Condition d. from the June 11, 2007 staff memo: "d.
Condition #1 shall be amended to remove the reference to required parking lot screening
along S. 20th Avenue.")
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2) DELETED.
(The Commissioners approved Condition e. from the June 11, 2007 staff memo: "e. Condition
#2 shall be deleted which referenced the varying of street tree species along S. 20th Avenue.")
3) Bike racks shall be detailed on the final site plan in accordance with Section
18.46.040.E of the UDO.
4) Except for street lighting and security lighting, all lighting shall be turned off between
the hours of 11:00 p.m. and 6:00 a.m. as required under Section 18.42.150.D.7.c. of the UDO.
5) The final site plan shall detail a permanent enclosure for the temporary storage of
garbage, refuse and other materials in accordance with the standards of Section 18.42.170 of
the UDO.
6) Any future expansions, new uses or other changes to the property or facility will
warrant additional review as required under Section 18.34.160 of the UDO.
7) Upon submitting the final site plan for approval by the Planning Director and prior to
issuance of a building permit, the applicant will also submit a written narrative outlining how
each of the conditions of approval and code provisions have been satisfied.
8) Building permits will not be issued prior to installation and City acceptance of the
infrastructure improvements unless all provisions set forth in Section 18.74.030.D of the UDO
are met to allow for concurrent construction.
9) Occupancy will not be granted until all underlying site infrastructure has been installed
and accepted by the City.
Administrative Design Review Related:
10) A typical materials sample board and color palette shall be provided for review and
approval prior to final site plan approval. This includes samples and manufactures
specifications for all surface materials, roofing, window types, framing, etc.
11) Because of the residential proximity, a darker anodized aluminum store front is
preferred over a brushed aluminum finish.
12) The gutters and downspouts should serve as an additional architectural feature that
compliments the materials and color vocabulary of the structure. This feature should also be
conscious of the color palette for the aluminum store front window framing.
13) The applicant shall provide a temporary enclosed refuse storage area, including a
typical detail with dimensions on the final site plan, for the storage and collection of building
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material debris during the construction phase of the project, and that said debris area is
noted accordingly on the final site plan.
Engineering Related:
14) Per section 18.44.090.C.2.b(1), the maximum allowed width for a commercial drive
access is 35 feet. Unless a variance is requested and granted by the City Commission, the
access onto Graf Street shall be reduced in width to comply.
15) DELETED.
(The Commissioners removed this condition: "The entire width of North 20th Avenue shall
be constructed from Enterprise Drive to Graf Street.")
16. An easement shall be provided for the stormwater detention pond that is receiving the
runoff from 20th.
17. The northern portion of Enterprise Drive that is not being constructed as required of
Meadow Creek Subdivision shall be constructed as part of this project, and that the church
(Hope Lutheran Church) as part of its second access construct the road with Meadow Creek
Subdivision to its second access at South 22nd. (The Commissioners amended this condition.)
18. A cleanout or manhole shall be installed at the transition between the 8" sewer stub
and the 6" service line.
Fire Department Related:
19. Two hydrants shall be installed on the site with the final location to be approved by
the Fire Marshall and Development Engineer as part of final site plan approval.
Parks and Recreation Related:
20. A 10' walkway shall be provided along Graf Street to continue the bicycle and
pedestrian pathway from the east toward the west.
Additional Condition approved by the Commission on June 11, 2007:
21. If the property is subdivided or a change of use, then an easement comes available to
the City for South 20th.
1:59:13 Mayor Pro Tem Jacobson
Mayor Pro Tem Jacobson declared a 10 minute recess.
1:59:18 Break
2:18:39 Mayor Krauss
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Mayor Krauss stated that the "Sheriff" is back with the gavel, and he called the meeting back to
order.
2:18:57 3. Architectural Contract for the Downtown Bozeman Intermodal Facility
(Goehrung)
2:19:08 James Goehrung, Superintendent of Facilities
Mr. Goehrung presented the staff report.
2:26:24 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:27:01 Motion and Vote to authorize the City Manager to sign an Architectural Services
Contract with Prugh and Lenon Architects for the construction of the Downtown Bozeman
Intermodal Facility.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the City Manager to sign
an Architectural Services Contract with Prugh and Lenon Architects for the construction of
the Downtown Bozeman Intermodal Facility.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:27:30 4. Full Contract with Comma-Q Architecture for Redesign of the old Library
Facility (Goehrung)
2:27:38 Mr. Goehrung
Mr. Goehrung presented the staff report.
2:42:04 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:42:16 Motion to authorize the City Manager to sign an agreement with Comma-Q
Architecture, Inc. for the next four phases of design of the old Library Facility.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to authorize the City Manager to
sign an agreement with Comma-Q Architecture, Inc. for the next four phases of design of the
old Library Facility: design development, construction documents, bidding, and construction
administration.
2:42:55 Cr. Becker
Cr. Becker would like to see a comparison of costs in the difference between pursuing and
obtaining LEED certification. He also wants to have a Commission meeting room in the new City
Hall for the City Commission, the approximately 40 different boards, and the public. It is important
to have a City Commission meeting room in City Hall to have control over the space.
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2:56:18 Cr. Becker
Cr. Becker stated that he has met with members of the Green Building Council. He asked that the
Commission authorize James Goehrung or a delegate to pursue putting together a summary of the
differences between a green building and a regular building so that the Commission can make a
decision.
2:59:11 Cr. Becker
Cr. Becker stated that the assumption right now is that they won't have a Commission room, unless
there is direction from the Commission (according to the staff memo).
3:04:12 "Yea" or "Nay" for the City Commission Room in the new City Hall
Mayor Krauss asked for a "Yea" or "Nay" about the Commission room in City Hall. Cr. Becker and
Cr. Kirchhoff said "Yea." Cr. Jacobson said, "Yea/Nay." She said she can see both sides, but she
said they should look into what it will cost. Mayor Krauss stated that if they are going to build it,
they need to build it well for the next 20 years.
3:06:38 Mayor Krauss
Mayor Krauss said that they shouldn't build a room smaller than this County Community Room.
3:07:43 Cr. Jacobson
Cr. Jacobson stated that the room should probably be about 1/3 larger than this room.
3:07:47 Mayor Krauss
Mayor Krauss agreed, if it's being built for twenty years from now. Mayor Krauss asked for a third
"Yea" to proceed with the Commission room.
3:08:18 Cr. Jacobson
Cr. Jacobson gave a "Yea" to look at the Commission room.
3:08:26 Vote to authorize the City Manager to sign an agreement with Comma-Q
Architecture, Inc. for the next four phases of design of the old Library Facility.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to authorize the City Manager to
sign an agreement with Comma-Q Architecture, Inc. for the next four phases of design of the
old Library Facility: design development, construction documents, bidding, and construction
administration.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:08:37 5. Resolution No. 4022, Sunset Hills Cemetery Monument Setting (Dingman)
3:08:59 Ron Dingman, Superintendent for Parks, Recreation, and the Cemetery
Mr. Dingman presented the staff report and recommended removing this part of page 4 in Exhibit
A (in Section III under Flush Monument Requirements) since it is already in the Sunset Hills
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Guide: "If three (3) or four (4) separate sets of ashes are buried on an ashes lot, one flush marker
listing all names can be placed. On a regulation full sized burial lot, a maximum of six (6) separate
sets of ashes can be buried with one (1) upright marker listing all six (6) names. If there is an
existing headstone, two (2) small flush markers may be set in front."
3:14:22 Public Comment opened.
Mayor Krauss opened public comment.
3:14:36 Cindy Wright - Public Comment
Ms. Wright read an email from her husband Brad Wright. His email stated that as a registered
professional engineer he spent many hours working together with Jeff Strong to develop the
regulations (in Exhibit A). He is not happy with the background information given in the
Commission memo and said that the monuments in question do meet the specifications as drafted
in 1977. He doesn't understand why Bozeman Granite Works has been singled out, and he wanted
to go on record protesting the manner in which these regulations have been presented.
3:18:01 Jeff Strong - Public Comment
Mr. Strong is a registered concrete contractor. He sees no infraction of the 1977 rules and
regulations on the stones done by Bozeman Granite Works. He supports the amendments presented
by Ron Dingman. He is concerned about the Vietnam Memorial and would like to see language
that the Vietnam Memorial is excluded from having to meet the regulations in the resolution.
3:21:18 Charles Swart - Public Comment
Mr. Swart, of 324 South Grand Avenue, stated that he was disturbed reading the first paragraph of
the Commission memorandum, and he said it is unacceptable to take a memo to knock a member of
the community who has done an excellent job.
3:22:50 Tom Olsen - Public Comment
Mr. Olsen is the majority owner of the Bozeman Granite Works. Mr. Olsen worked with the staff to
write the initial requirements. He cannot support the rules and regulations as written. He feels that
Mr. Dingman is attempting to use this to promote a personal bias against Bozeman Granite Works.
3:24:59 Matthew Monforton - Public Comment
Mr. Monforton is the attorney representing Mr. Olsen and Bozeman Granite Works. He strongly
objects to the allegations against Bozeman Granite Works and the violation of the regulations. They
have never been told which violations they have allegedly violated.
3:28:13 Andrea Crowder - Public Comment
Ms. Crowder feels that the abuse of Bozeman Granite Works in the background is accusatory and
inappropriate.
3:28:39 Public Comment closed.
Mayor Krauss closed public comment.
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3:35:40 Motion to approve Resolution No. 4022 to adopt the revised Sunset Hills Cemetery
Rules and Regulations for Monuments, Headstones, and Markers and Placing, Setting, or
Erecting the Same, and amending Section III of Exhibit A.
It was moved by Cr. Jacobson to approve Resolution No. 4022 to adopt the revised Sunset
Hills Cemetery Rules and Regulations for Monuments, Headstones, and Markers and
Placing, Setting, or Erecting the Same but amending Section III of Exhibit A under Flush
Monument Requirements by excluding "If three (3) or four (4) separate sets of ashes are
buried on an ashes lot, one flush marker listing all names can be placed. On a regulation full
sized burial lot, a maximum of six (6) separate sets of ashes can be buried with one (1) upright
marker listing all six (6) names. If there is an existing headstone, two (2) small flush markers
may be set in front." Furthermore, standards from public Veterans' Memorials may differ
from the standards of this resolution as per the recommendation of the Cemetery Board and
City staff.
3:37:33 Ron Brey, Assistant City Manager
Mr. Brey stated that specifying "Veterans' Memorials" may be too narrow of a category.
3:37:57 Cr. Jacobson
Cr. Jacobson agreed to change the language to "public memorials" and to strike the words of
"Veterans'" from the motion.
3:38:10 Clarification and Second of the Motion
Cr. Rupp clarified that part of the motion: "Public memorials may deviate from these rules if they
have the approval of the Cemetery Board and City staff," and then seconded the motion.
3:38:41 Mayor Krauss
Mayor Krauss said that his vote on the resolution will be without recognizing the assertions in the
background portion of the memo.
3:39:19 Vote to approve Resolution No. 4022 to adopt the revised Sunset Hills Cemetery Rules
and Regulations for Monuments, Headstones, and Markers and Placing, Setting, or Erecting
the Same, and amending Section III of Exhibit A.
It was moved by Cr. Jacobson, seconded by Cr. Rupp, to approve Resolution No. 4022 to
adopt the revised Sunset Hills Cemetery Rules and Regulations for Monuments, Headstones,
and Markers and Placing, Setting, or Erecting the Same but amending Section III of Exhibit
A under Flush Monument Requirements by excluding "If three (3) or four (4) separate sets of
ashes are buried on an ashes lot, one flush marker listing all names can be placed. On a
regulation full sized burial lot, a maximum of six (6) separate sets of ashes can be buried with
one (1) upright marker listing all six (6) names. If there is an existing headstone, two (2) small
flush markers may be set in front." Furthermore, public memorials may differ from the
standards of this resolution with the approval of the Cemetery Board and City staff.
Those voting Aye being Crs. Jacobson, Rupp, Becker, Kirchhoff, and Mayor Krauss.
Those voting No being none.
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The motion carried 5-0.
3:40:40 6. Authorization for City Manager to Negotiate Settlement of Allocation of
Liability for CMC Bozeman Asbestos Facility (Cooper)
3:41:11 Mr. Cooper
Mr. Cooper presented the staff report.
3:56:31 Motion to authorize the City Manager to negotiate a Settlement of Allocation of
Liability for CMC Bozeman Asbestos Facility.
It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the City Manager to
negotiate a Settlement of Allocation of Liability for CMC Bozeman Asbestos Facility.
3:57:29 Vote to authorize the City Manager to negotiate a Settlement of Allocation of Liability
for CMC Bozeman Asbestos Facility.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to authorize the City Manager to
negotiate a Settlement of Allocation of Liability for CMC Bozeman Asbestos Facility.]
Those voting Aye being Crs. Becker, Rupp, Jacobson, and Mayor Krauss.
Those voting No being Cr. Kirchhoff.
The motion carried 4-1.
3:57:39 7. City of Bozeman Water Rate Study for FY2008-FY2012, Prepared by HDR
Engineering, Inc. (Rosenberry)
3:58:00 Anna Rosenberry, Finance Director
Ms. Rosenberry suggested continuing this item since there wasn't adequate time left in the meeting
to discuss it.
3:58:22 Motion to open and continue this item until June 18, 2007.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to open and continue this item to June
18, 2007.
3:58:27 Brit Fontenot, City Clerk
Mr. Fontenot stated that the June 18 agenda is a packed agenda.
3:58:36 Mayor Krauss
Mayor Krauss suggested June 25.
3:58:45 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:58:54 Amended Motion and Vote to continue this item to June 25, 2007.
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It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue this item to June 25, 2007.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:59:18 Mr. Fontenot
Mr. Fontenot stated that he didn't believe Mayor Krauss called for public comment on the CALA
issue (Controlled Allocation of Liability Act).
3:59:32 Mayor Krauss called for public comment about Action item 6. Authorization for City
Manager to Negotiate Settlement of Allocation of Liability for CMC Bozeman Asbestos Facility
(Cooper).
Mayor Krauss opened and closed public comment. No person commented.
3:59:59 8. Resolution No. 4027, Final Creation of Special Improvement Lighting District
#696, West Winds Phases 2 and 3 (Rosenberry)
4:00:15 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
4:01:37 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:01:53 Motion and Vote to approve Resolution No. 4027, the Final Creation of Special
Improvement Lighting District #696, West Winds Phases 2 and 3.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution No. 4027,
the Final Creation of Special Improvement Lighting District #696, West Winds Phases 2 and
3.
Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
4:02:52 G. FYI/Discussion
4:02:55 1. Discussion of Special Improvement Lighting Districts (Rosenberry)
Ms. Rosenberry wanted guidance on how to proceed with the creation of Special Improvement
Lighting Districts. There is a new proposal for how the City would like to proceed in the future:
that the City not create lighting districts to install the fixtures. Require developers to install the
fixtures like other street improvements, then create a lighting district to pay the power for the lights
and do any maintenance.
4:03:28 Mayor Krauss
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Mayor Krauss wanted to put that in the UDO (Unified Development Ordinance), which received
three thumbs up.
4:03:51 Cr. Becker
Cr. Becker wanted to include an option to get out of Northwestern Energy's ownership and
maintenance charges.
4:04:48 2. Commission Support for a Presentation by a Representative of the National
Parks Conservation Association (Fontenot)
Mr. Fontenot looked for direction from the Commission regarding a special presentation by the
National Parks Conservation Association. There were three thumbs up for hearing the presentation.
4:06:32 3. Summer Policy Meeting Schedule
Mr. Fontenot looked for direction concerning the summer Policy Meeting schedule. The
Commission decided to cancel Policy Meetings after June 28, 2007 and not resume until after
Labor Day.
4:13:03 H. Adjournment
Mayor Krauss adjourned the meeting.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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