HomeMy WebLinkAbout11-26-07_October 1, 2007_61
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 1, 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, October 1, 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, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim
Cooper, City Clerk Stacy Ulmen, and Deputy City Clerk Cynthia Delaney.
0:00:01 A. Call to Order-6:00 pm-Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order at 6:00 pm.
0:00:01 B. Pledge of Allegiance and Moment of Silence
0:00:02 C. Public Service Announcement-Background on Public Safety Mill Levies
(Kukulski)
Bozeman City Manager Chris Kukulski gave an overview of the general financial information for
the Public Safety Mill Levies.
0:00:03 C. Public Service Announcement-International Walk to School Day (Cathy
Costakis, Montana Nutrition and Physical Activity Program)
Montana Nutrition and Physical Activity Program representative Cathy Costakis gave a Public
Service Announcement regarding International Walk to School Day.
0:00:06 C. Public Service Announcement-Public Works Awareness Event (VanDelinder
Street Superintendent John Van Delinder and Street Department Lead Worker Steve Kurk gave a
Public Service Announcement regarding a Public Works Awareness Event.
0:04:07 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve Resolution No. 4038, Approving Alteration/Modification of
Landfill Sewer Improvements Contract with H & H Earthworks (Johnson)
3. Authorize Director of Public Service to execute the Final Plat of Bozeman
Gateway Subdivision Planned Unit Development Phase 2 (Cooper)
4. Authorize Director of Public Service to execute the Final Plats of Alder
Creek Subdivision Phases 4 and 5 (Cooper)
5. Finally adopt Ordinance No. 1721, Story Mill Neighborhood Zone Map
Amendment #Z-07014 (Bristor)
6. Authorize City Manager to sign Two Public Street and Utility Easements
for the Saccoccia Minor Subdivision (Murray)
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Bozeman City Commission Linked Minutes, October, 1, 2007
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0:04:34 Public Comment
Mayor Pro Tem Jacobson opened Public Comment.
No person commented.
Mayor Pro Tem Jacobson closed Public Comment.
0:04:46 Motion and Vote to approve Consent Items D 1-6.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve items D 1-6.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Pro Tem Jacobson.
Those voting No being none.
The motion carried 4-0.
0:06:58 E. Public Comment
Mayor Krauss opened public comment.
0:07:19 Dan Guggenheim-Public Comment
Mr. Guggenheim, of 418 North Wallace, spoke regarding the City Noise Ordinance.
0:08:41 Thomas Noble-Public Comment
Mr. Noble, of 401 North Church Avenue, spoke regarding the City Noise Ordinance.
0:10:40 Jim Barnaby-Public Comment
Mr. Barnaby, of 716 East Peach Street, spoke regarding the City Noise Ordinance.
0:14:56 Paul Wiese-Public Comment
Mr. Wiese, of 707 North Wallace, spoke regarding the City Noise Ordinance.
0:15:38 Jeanne Wesley-Wiese-Public Comment
Ms. Wiese, of 707 North Wallace, spoke regarding the City Noise Ordinance.
0:17:27 Jackie Wilson-Public Comment
Ms. Wilson, of 513 North Plum, spoke regarding the City Noise Ordinance.
0:18:15 Nelleke Beltjens-Public Comment
Ms. Beltjens, of 716 East Peach Street, spoke regarding the City Noise Ordinance.
0:19:10 Chris Nixon-Public Comment
Mr. Nixon, of 719 North Wallace Avenue, spoke regarding the City Noise Ordinance.
0:20:22 Chris Counts-Public Comment
Mr. Counts, of 846 East Baxter Lane, spoke regarding the City Noise Ordinance.
0:22:13 Jon Gerster-Public Comment
Mr. Gerster, of 719 North Wallace, spoke regarding the City Noise Ordinance.
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0:24:22 Steve McGann-Public Comment
Mr. McGann spoke regarding the City Noise Ordinance.
0:25:41 Peter Bronken-Public Comment
Mr. Bronken spoke regarding the City Noise Ordinance.
0:33:18 Mr. Kukulski
Mr. Kukulski stated that he will add the Noise Ordinance as an FYI to a future agenda.
0:36:53 Keith Dunn-Public Comment
Mr. Dunn spoke.
0:38:45 Public Comment closed.
Mayor Krauss closed public comment.
0:38:51 F. Mayoral Proclamation-International Walk to School Month
Mayor Krauss proclaimed October as International Walk to School Month and urged the City to
take part.
0:40:54 G. Special Presentation-Considerations for pursuing LEED (Leadership in Energy
and Environmental Design) Certification for the Reconstruction of the Old Library to the
New City Hall. (Goehrung)
Superintendent of Facilities James Goehrung gave a special presentation regarding considerations
of pursuing LEED.
0:44:00 Public Comment
Mayor Pro Tem Jacobson opened public comment.
No person commented.
Mayor Pro Tem Jacobson closed public comment.
1:09:47 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:14:33 Motion and Vote to pursue the LEED Certification for the reconstruction of the old
library to the new City Hall with the Existing Building (EB) certification.
It was moved by Cr. Kirchhoff, seconded by Cr.Jacobson, to pursue the LEED Certification
for the reconstruction of the old library to the new City Hall with the Existing Building (EB)
certification.
Those voting Aye being Crs.Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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1:16:33 H. Action Items
1:16:33 Break
1:28:54 1. Breaking of the 2-2 Tie Vote on Cr. Kirchhoff's Motion to approve Cahill
Tracts 4 and 5 Zone Map Amendment #Z-07163 with the contingencies listed in the Zoning
Commission Resolution (Becker)
1:29:18 Cr. Becker's Vote on Cr. Kirchhoff's motion to approve Cahill Tracts 4 and 5 Zone
Map Amendment with the contingencies listed in the Zoning Commission Resolution.
September 17, 2007 Motion:
[It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to approve Cahill Tracts 4 and 5
Zone Map Amendment with the contingencies listed in the Zoning Commission Resolution.]
September 17, 2007 Vote:
Those voting Aye being Cr. Kirchhoff and Mayor Krauss.
Those voting No being Crs. Rupp and Jacobson.
The vote tied 2-2.
Cr. Becker voted Aye. Thus the motion to approve Cahill Tracts 4 and 5 Zone Map
Amendment with the contingencies listed in the Zoning Commission Resolution, was
approved by a vote of 3-2.
1:31:33 2. West Winds Planned Unit Development Modifications to Conditional Use
Permit #Z-07141 (Windemaker)
1:50:00 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
1:50:17 Motion to approve West Winds Planned Unit Development modifications to
Conditional Use Permit #Z-07141 with relaxation #1, subject to the conditions of approval
and code provisions outlined in the staff report.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve West Winds Planned Unit
Development modifications to Conditional Use Permit #Z-07141 with relaxation #1, subject to
the conditions of approval and code provisions outlined in the staff report.
2:03:09 Amendment to Motion to approve West Winds Planned Unit Development
modifications to Conditional Use Permit #Z-07141 with relaxation #1, subject to the
conditions of approval and code provisions outlined in the staff report (This is condition
number 3 on page number 9 in the staff report.).
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Cr. Rupp made an amendment to the original motion to change the condition related to
affordable housing requiring that the applicant build out the affordable units in the same
proportion as all the other units being constructed.
2:03:28 Motion Seconded
Cr. Kirchhoff seconded the motion.
2:06:32 Discussion on the Amendment to change the condition related to affordable housing
requiring that the applicant build out the affordable units in the same proportion as all the
other units being constructed.
2:06:35 Vote on the Amendment to the original motion to change the condition related to
affordable housing requiring that the applicant build out the affordable units in the same
proportion as all the other units being constructed (This is condition number 3 on page
number 9 in the staff report.).
Those voting Aye being Cr. Rupp, Cr. Kirchhoff, and Cr. Jacobson.
Those voting No being Cr. Becker and Mayor Krauss.
The motion carried 3-2.
2:07:57 Vote on the Original Motion to approve West Winds Planned Unit Development
modifications to Conditional Use Permit #Z-07141 with relaxation #1, subject to the
conditions of approval and code provisions outlined in the staff report.
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion passed 4-1.
2:08:43 3. West Winds Planned Unit Development Phases 4-8 Subdivision Preliminary
Plat #P-07028 (Windemaker)
2:08:51 Ms. Windemaker
Ms. Windemaker went over the staff report.
2:21:33 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:22:16 Motion to approve West Winds Planned Unit Development Phases 4-8 Subdivision
Preliminary Plat #P-07028, subject to the conditions of approval and code provisions
outlined in the staff report, with Condition #14 as stated in the Commission memo.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve West Winds Planned Unit
Development Phases 4-8 Subdivision Preliminary Plat #P-07028, subject to the conditions of
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approval and code provisions outlined in the staff report, with Condition #14 as stated in the
Commission memo.
2:22:37 Discussion on the Motion to approve West Winds Planned Unit Development Phases
4-8 Subdivision Preliminary Plat #P-07028, subject to the conditions of approval and code
provisions outlined in the staff report, with Condition #14 as stated in the Commission memo.
2:23:28 Vote to approve West Winds Planned Unit Development Phases 4-8 Subdivision
Preliminary Plat #P-07028, subject to the conditions of approval and code provisions
outlined in the staff report, with Condition #14 as stated in the Commission memo.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:23:42 4. Revised Aspen Park Major Subdivision Preliminary Plat #Z-07027, opened
and continued from September 10, 2007 (Skelton)
2:29:10 Tracy Poole, Applicant
Mr. Poole stated that he took the Commission's comments from the past meeting and made changes
to the plat for Aspen Park Major Subdivision.
2:29:58 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:31:28 Motion to conditionally approve the revised Aspen Park Major Subdivision
Preliminary Plat #Z-07027 as recommended in Planning Board Resolution #P-07027.
It was moved by Cr. Rupp, Cr. Kirchhoff to approve of the preliminary plat #Z-07027 as
presented this evening subject to the conditions listed in the staff report.
2:32:23 Discussion on the motion to approve of the preliminary plat #Z-07027 (the revised
Aspen Park Major Subdivision) as presented this evening subject to the conditions listed in
the staff report.
2:33:08 Motion withdrawn to approve of the preliminary plat #Z-07027 (the revised Aspen
Park Major Subdivision) as presented this evening subject to the conditions listed in the staff
report.
Rupp withdrew the motion to approve of the preliminary plat #Z-07027 as presented this evening
subject to the conditions listed in the staff report.
2:33:11 Cr. Kirchhoff
Cr. Kirchhoff agreed to withdraw the motion.
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2:38:07 Motion to conditionally approve the revised Aspen Park Major Subdivision
Preliminary Plat #Z-07027 as recommended in Planning Board Resolution #P-07027.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to approve the (revised) Aspen Park
Subdivision Preliminary Plat P#07027 with the additional condition be added to address the
downstream ditch users facilities agreed upon between the applicant and the Middle Creek
Ditch Company.
2:38:37 Discussion on the Motion to approve the (revised) Aspen Park Subdivision
Preliminary Plat P#07027 with an additional condition be added to address the downstream
ditch users facilities agreed upon between the applicant and the Middle Creek Ditch
Company
2:42:40 Vote to approve the (revised) Aspen Park Subdivision Preliminary Plat P#07027 with
an additional condition be added to address the downstream ditch users facilities agreed upon
between the applicant and the Middle Creek Ditch Company
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker.
Those voting No being Mayor Krauss.
The motion carried 4-1.
2:43:13 5. Revised Bachman Porch Sketch Plan Certificate of Appropriateness with
Deviations #Z-07190 (Kramer)
2:43:22 Courtney Kramer, Planner
Ms. Kramer stated she is before the Commission once again to correct the code cited in the public
notice and to clarify that the deviation is to build a porch 10 feet into the 25 foot setback.
2:45:30 Public Comment
Mayor Pro Tem Jacobson opened public comment.
No person commented.
Mayor Pro Tem Jacobson closed public comment.
2:46:07 Motion and Vote to approve the revised Bachman Porch Certificate of
Appropriateness with Deviations #Z-07190.
It was moved by Cr. Becker, Seconded by Cr. Rupp to approve the revised Bachman Porch
Certificate of Appropriateness with Deviations as conditioned by staff.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, and Mayor Pro Tem Jacobson.
Those voting No being none.
The motion carried 4-0.
2:46:54 6. Appointment(s) to the Mayors’ Climate Protection Agreement Task Force
(Baker)
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2:47:15 Hattie Baker, Sustainability Coordinator
Ms. Baker stated that in July the Commission appointed 15 members to the to the Mayors’ Climate
Protection Agreement Task Force and one withdrew which left a vacancy in the non-profit sector.
5 applications have been received.
2:50:16 Motion to approve the appointment of Steve Bruner to the Mayors’ Climate
Protection Agreement Task Force
It was moved by Cr. Becker, seconded by Cr. Rupp, to appoint Steve Bruner to the Mayors’
Climate Protection Agreement Task Force
2:50:30 Discussion on the Motion to approve the appointment of Steve Bruner to the Mayors’
Climate Protection Agreement Task Force
2:50:51 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
2:50:58 Vote to approve the appointment of Steve Bruner to the Mayors’ Climate Protection
Agreement Task Force.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
2:51:15 Motion to approve the appointment of Scott Bischke to the Mayors’ Climate
Protection Agreement Task Force.
It was moved by Cr. Rupp, seconded by Cr. Becker to approve the appointment of Scott
Bischke to the Mayors’ Climate Protection Agreement Task Force.
2:51:27 Discussion on the Motion to approve the appointment of Scott Bischke to the Mayors’
Climate Protection Agreement Task Force.
2:52:11 Vote to approve the appointment of Scott Bischke to the Mayors’ Climate Protection
Agreement Task Force
Those voting Aye being Crs. Rupp, Becker, and Mayor Krauss.
Those voting No being Crs. Kirchhoff, and Jacobson.
The motion carried 3-2.
2:52:29 I. FYI/Discussion
2:53:08 Update on Montana Cities and Towns Conference
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2:53:09 Mr. Kukulski
Mr. Kukulski stated that the City of Bozeman is hosting the Montana League of Cities and Towns
Conference.
2:53:39 National Conversation on Climate Action Meeting Invitation
2:53:39 Ms. Baker
Ms. Baker invited the Commission to the National Conversation on Climate Action meeting.
2:54:09 Meeting Reminders
2:55:04 Residential Component Trigger
2:55:05 Cr. Kirchhoff
Cr. Kirchhoff spoke about finding a trigger point for implementation of residential components
during subdivision construction. This will be looked into.
2:59:22 Meeting Invitation Regarding Tour of Watershed
3:00:41 Adjournment
Mayor Krauss adjourned the meeting at 9:20 pm.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________.
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