HomeMy WebLinkAbout12-17-07_September 17, 2007323232323232323232323232323232_4LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 17, 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, September 17, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager
Chris Kukulski, Planning Director Andy Epple, Assistant City Attorney Tim Cooper, City Clerk
Stacy Ulmen, and Deputy City Clerk Cynthia Jordan Delaney.
0:22:39 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:22:40 B. Pledge of Allegiance and a Moment of Silence
0:23:37 C. Public Service Announcement
0:23:56 Connie Garrett, Vice President of the Northeast Neighborhood Association
Ms. Garrett presented information about a pilot project to have neighborhood kiosks in the
northeast neighborhood.
0:27:38 Charlotte Mills, Gallatin County Clerk and Recorder
Ms. Mills presented the final canvas results from the primary election.
0:32:50 Chris Kukulski, City Manager
Mr. Kukulski stated that there is going to be a Mill Levy Forum on Thursday, September 20 at 7
pm to answer questions about the public safety mill levies.
0:34:18 Mayor Krauss
Mayor Krauss recognized Stacy Ulmen, who officially began as City Clerk today.
0:34:50 D. Authorize the Absence of Cr. Becker
0:34:53 Motion and Vote to authorize the absence of Cr. Becker.
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to authorize the absence of Cr.
Becker.
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
0:35:04 E. Consent
1. Authorize Payment of Claims (LaMeres)
2. Approve the Monthly Building Report for August 2007 (Doerksen)
3. Amend the Impact Fee Capital Improvement Programs for Streets, Sewer, and
Water (Saunders/Rosenberry)
4. Authorize City Manager to sign Notice of Award for Two New Wastewater
Treatment Plant Semi-trucks (Layton)
5. Approve Resolution No. 4071, Story Mill Neighborhood Annexation #A-07003
(Bristor)
6. Provisionally adopt Ordinance No. 1721, Story Mill Neighborhood Zone Map
Amendment #Z-07014 (Bristor)
7. Authorize City Manager to sign Public Street and Utility Easement for Griffin
Drive in conjunction with Story Mill Neighborhood Annexation #A-07003
(Bristor)
8. Authorize City Manager to sign Public Street and Utility Easement for Story Mill
Road in conjunction with Story Mill Neighborhood Annexation #A-07003
(Bristor)
9. Approve the Safe Routes to Schools' Infrastructure Grant Award (Radar Units
Project Agreement) and ratify Mayor Krauss' Signature (Folger)
10. Approve Resolution No. 4070, Resolution of Intent for Cottonwood Crossing
Growth Policy Amendment #P-07036 (Knight)
11. Finally adopt Ordinance No. 1719, Cattail North Zone Map Amendment #Z-06144
(Sanford)
12. Finally adopt Ordinance No. 1718, HB Zone Map Amendment #Z-06144
(Windemaker)
13. Approve Resolution No. 4072, Cahill Tracts 4 & 5 Annexation #A-07004 (Knight)
0:35:09 Public Comment opened.
Mayor Krauss opened public comment.
0:35:25 Virginia Macsween - Public Comment
Ms. Macsween resides at 314 Wilda Lane. She is concerned with Consent item 13, the
annexations being proposed for their area. It is a little, short dead end street, and it used to be
eight acre blocks. They are hearing stories of 12 unit condos being put on each acre, and there
would be a dramatic increase in traffic.
0:38:06 Public Comment closed.
Mayor Krauss closed public comment.
0:40:27 Motion and Vote to approve Consent items E. 1 and 2 and 4-13.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve Consent items E. 1 and 2
and 4-13.
Those voting Aye being Crs. Rupp, Jacobson, Kirchhoff, and Mayor Krauss.
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
Those voting No being none.
The motion carried 4-0.
0:41:25 Motion and Vote that we approve Consent item #3.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we approve Consent item
#3.
Those voting Aye being Crs. Jacobson, Kirchhoff, and Mayor Krauss.
Those voting No being Cr. Rupp.
The motion carried 3-1.
0:41:40 F. Public Comment
Mayor Krauss opened public comment.
0:42:04 David Cook - Public Comment
Mr. Cook resides at 701 South 7th and is a member of the Recreation and Parks Advisory Board.
He wanted to inform the Commission and the public about the release and availability of the
updated PROST Plan (Parks Recreation Open Space and Trails Plan) that has been two years in
the making. He stated that the first public hearing is on Thursday, September 20 at 7:00 pm at the
Lindley Center, and the second public hearing will be on October 8 before the City Commission.
0:47:50 Public Comment closed.
Mayor Krauss closed public comment.
0:47:55 G. Mayoral Proclamation - Constitution Week 2007
0:47:59 Mayor Krauss
Mayor Krauss proclaimed September 17-23, 2007 to be Constitution Week.
0:50:12 H. Action Items
0:50:21 1. Cahill Tracts 4 & 5 Zone Map Amendment #Z-07163 (Knight)
0:50:27 Martin Knight, Assistant Planner
Mr. Knight presented the staff report.
0:54:50 Brandon Henry, Applicant
Mr. Henry, with C & H Engineering, is representing the applicant. He explained why they have
selected R-3 zoning: primarily because the east and west properties are R-3. It goes from R-1 to
R-2 and then R-3 as it gets closer to the mall.
0:58:04 Public Comment opened.
Mayor Krauss opened public comment.
0:58:14 Larry Witt – Public Comment
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
Mr. Witt resides at 1721 Kenyon Drive. He is one of the applicants, and he stated that there are
actually two acres that are being annexed into the City that can be built on. The rest is county
road. They were planning to add 12 units of condos to the east half.
0:59:13 Ms. Macsween - Public Comment
Ms. Macsween resides at 314 Wilda Lane. She is concerned that if they are going to leave the
house and add 12 condos, the parking will be congested. She feels like it will be like having a
hotel city built all around them, and it isn't going to be pleasant to live around.
1:00:53 Sharon Witt - Public Comment
Ms. Witt resides at 1721 Kenyon Drive. She reminded the Commission that they just finished 12
condos, and 11 of them are owner-occupied by single people. They want to keep the old house.
She wanted the Commission to be aware that there are two separate owners for this parcel (the
west and the east side).
1:02:39 Al Macsween - Public Comment
Mr. Macsween resides at 314 Wilda Lane. He wanted clarification about what R-3 zoning is.
1:04:39 Mr. Macsween - Public Comment
Mr. Macsween is very concerned about the amount of traffic. He understands people have
property and should be able to build on it, but there is a limit. He would like to see it zoned R-2.
1:05:12 Public Comment closed.
Mayor Krauss closed public comment.
1:13:32 Motion we approve Cahill Tracts 4 and 5 Zone Map Amendment with the
contingencies listed in the Zoning Commission Resolution.
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, we approve Cahill Tracts 4 and 5
Zone Map Amendment with the contingencies listed in the Zoning Commission Resolution.
1:24:12 Vote we approve Cahill Tracts 4 and 5 Zone Map Amendment with the
contingencies listed in the Zoning Commission Resolution.
[It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, we approve Cahill Tracts 4 and 5
Zone Map Amendment with the contingencies listed in the Zoning Commission
Resolution.]
Those voting Aye being Cr. Kirchhoff and Mayor Krauss.
Those voting No being Crs. Rupp and Jacobson.
The vote tied 2-2.
1:24:31 Mayor Krauss
Mayor Krauss explained that with this 2-2 tie vote, this decision is in abeyance until Cr. Becker
reviews the record and returns on October 1 to make the tie-breaking vote.
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
1:25:20 2. Cottonwood Crossing Growth Policy Amendment #P-07036 (Knight)
1:25:32 Mr. Knight, Assistant Planner
Mr. Knight presented the staff report.
1:29:00 Susan Kozub, Applicant
Ms. Kozub, of Intrinsik Architecture at 111 North Tracy, is representing Covenant LLC. She
explained why this application is requesting a designation of business park, gave justification for
what types of land uses are appropriate at this particular intersection, and gave clarification
regarding their application and comments from the staff report.
1:41:07 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:41:50 Motion approval of Cottonwood Crossing Growth Policy Amendment #P-07036.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, approval of Cottonwood Crossing
Growth Policy Amendment #P-07036.
1:51:52 Vote approval of Cottonwood Crossing Growth Policy Amendment #P-07036.
[It was moved by Cr. Rupp, seconded by Cr. Jacobson, approval of Cottonwood Crossing
Growth Policy Amendment #P-07036.]
Those voting Aye being Mayor Krauss.
Those voing No being Crs. Rupp, Jacobson, and Kirchhoff.
The motion failed 1-3.
1:52:14 Mayor Krauss
Mayor Krauss declared a break.
1:52:19 Break
2:08:50 3. Bachman Porch Sketch Plan Certificate of Appropriateness with Deviations
#Z-07190 (Kramer)
2:09:06 Courtney Kramer, Assistant Planner
Ms. Kramer presented the staff report.
2:10:37 John Bachman, Applicant
Mr. Bachman is the property owner of 607 West Babcock. He is here to answer any questions.
2:11:04 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
2:11:18 Motion that we approve the Bachman Porch Sketch Plan Certificate of
Appropriateness with deviations #Z-07190.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we approve the Bachman
Porch Sketch Plan Certificate of Appropriateness with deviations #Z-07190.
2:11:58 Vote that we approve the Bachman Porch Sketch Plan Certificate of
Appropriateness with deviations #Z-07190.
[It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we approve the Bachman
Porch Sketch Plan Certificate of Appropriateness with deviations #Z-07190.]
Those voting Aye being Crs. Jacobson, Kirchhoff, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:12:11 4. Appointment of Cr. Becker to the Northern Rocky Mountain Economic
Development District Board of Directors (EDD) (Delaney)
2:12:24 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney stated that she was instructed that Cr. Becker wants to be officially appointed to this
board.
2:12:55 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:13:02 Motion and Vote that we appoint Cr. Becker to the Northern Rocky Mountain
Economic Development District Board of Directors.
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, that we appoint Cr. Becker to the
Northern Rocky Mountain Economic Development District Board of Directors.
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
2:13:16 I. FYI/Discussion
2:13:18 1. Schedule Story Mansion Discussion for an upcoming Commission Meeting
(Kukulski)
2:13:27 Mr. Kukulski
Mr. Kukulski wants to schedule a Story Mansion discussion at a sooner-rather-than-later
Commission meeting with a full Commission. Looking at the full policy meeting schedule, he
asked if he could put it on a Monday evening agenda in early October.
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
2:15:23 Mr. Kukulski
In response to Cr. Rupp's questions about the $800,000 of federal money that's been spent on the
property, he stated that a report is being compiled by Allyson Bristor and Sara Folger, who are
working with the Legal Dept.
2:19:17 Mr. Kukulski
Mr. Kukulski verified the direction he is hearing from the Commission: have a policy meeting
with only the Story Mansion agenda item, invite the task force for an informal discussion and
direction, and schedule it at the earliest convenience.
2:20:27 2. Reminder of Joint City-County Commission Meeting on Friday, September
21, 2007 at 7:00 am in the Community Room at the County Courthouse (Delaney)
2:20:28 Ms. Delaney
Ms. Delaney reminded the Commission about this week's Joint City-County Meeting.
2:22:33 Mr. Kukulski
Mr. Kukulski gave an official heads-up that there would be an ordinance that regulates beer and
wine licenses coming before the Commission soon. He suggested taking the fees out of the
ordinance to have them set in a resolution. He went with Debbie Arkell and Ed Brandt (the
President of Cardinal Distributing) to Missoula today to talk with Montana Rail Link about the
land swap. The railroad indicated that there might be something in writing as early as next week.
2:25:21 Mr. Epple
Mr. Epple shared that staff were continuing to work with the Aspen Park Subdivision group.
2:26:11 Cr. Rupp
Cr. Rupp wanted some clarification on the noise ordinance so the Commission can follow
through. He doesn't want to keep the neighbors in limbo about the business being able to load
and unload all night long.
2:27:05 Mr. Epple
Mr. Epple stated that they have investigated this situation extensively, and this business is
located in an HMU district which has the rights and privileges of an M-1 district (exempt in the
noise ordinance). They are working through the neighborhood coordinator and neighborhood
volunteers to get this addressed.
2:29:48 Cr. Rupp
Cr. Rupp wanted to put stop signs on an agenda to move forward with stop signs at the
intersection of Wallace and Mendenhall and one further down on Wallace.
2:31:49 J. Adjournment
Mayor Krauss adjourned the meeting.
____________________________________
Jeffrey K. Krauss, Mayor
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Linked Minutes of the Bozeman City Commission Meeting, September 17, 2007
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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