HomeMy WebLinkAbout2007-01-29 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 29, 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, January 29, 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 City Manager Ron Brey, Assistant Planning Director Chris
Saunders, Finance Director Anna Rosenberry, City Engineer Rick Hixson, City Attorney Paul
Luwe, City Clerk Brit Fontenot, and Deputy City Clerk Cynthia Jordan Delaney.
0: 10:29 [ ] A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main
Mayor Krauss called the meeting to order at 6:01 pm.
0:10:32 [18:01:49] B. Pledge of Allegiance and Moment of Silence
0: 11 :46 [18:01 :54] C. Public Service Announcement - Vietnam Veterans Memorial Fund (Derby)
Don Derby, of the Friends of Sunset Hills Cemetery Veterans Foundation Fund, offered the status
of the fundraising drive for a permanent Vietnam Veterans Memorial for the City of Bozeman and
thanked local businesses and citizens for their generous donations.
0:21 :08 [18:03:07] Draft Environmental Assessment (Goehrung)
Superintendent of Facilities James Goehrung announced the open comment period (January 24-
February 26, 2007) for the draft environmental assessment for the downtown parking garage. With
the transit component included, it is called the City of Bozeman Downtown Intermodal Facility.
0:23:04 [18: 14: 19] D. Minutes - January 11 Policy Meeting, January 19 Joint City-County
Meeting, January 22,2007
0:23: 10 [22: 11 :53] Motion and Vote to approve the minutes of January 11 Policy Meeting,
January 19 Joint City-County Meeting, and January 22, 2007.
It was moved by Cr. Becker. and seconded by Cr. Rupp. to approve the minutes of January
11 Policy Meetin2. January 19 Joint City-County Meetin2. and January 22. 2007 as
submitted.
Those votin2 Aye bein2 Crs. Becker. Rupp. Kirchhoff. Jacobson. and Mayor Krauss.
Those votin2 No bein2 none.
The motion carried.
0:23:28 [18: 14:45] E. Consent
1. Authorize payment of claims (LaMeres)
2. Provisionally adopt Ordinance 1692, Sidewalk Cafe Ordinance (Luwe)
3. Authorize Mayor to sign Bozeman Certified Local Government Grant Proposal 2007-2008
(Bristor)
4. Provisionally adopt Ordinance 1691 amending Bozeman Municipal Code to reflect that a tie
Commission vote results in a negative outcome (Luwe) REMOVED
5. Approve Buttrey's Solvent Site Cost Recovery (Luwe)
6. Adopt Commission Resolution 3997, adopting construction agreement for Main Street
reconstruction (Kukulski)
7. Authorize City Manager to sign City Construction Agreement for State Maintained Route Main
Street (Kukulski)
8. Adopt Resolution 3994, Durston Road 7th to 19th Change Order Number 2 (Murray)
9. Authorize the City Manager to sign the contract for additional services with Morrison and
Maierle, Inc. to address the transit component of the Downtown Intermodal Facility (Goehrung)
10. Adopt Commission Resolution of Intent 3998 for the Meadow Creek Phase III and IV
Annexation, #A-06015 (Krueger)
11. Award Bid for Aerial Platform Bucket Truck (Van Delinder)
12. Authorize the City Manager to sign the Public Access Easement and the Water Pipeline and
Access Easement and Agreement for Remington Square (Heaston)
13. Authorize City Manager to sign Professional Services Agreement with Great West Engineering
for the Mandeville Farm Industrial Subdivision (Murray)
0:23:32 [22: 13: 12] Public Comment
Mayor Krauss called for public comment on the Consent items.
There was no public comment.
0:23:52 [18:15:16] Cr. Kaaren Jacobson
Cr. Jacobson asked to remove Consent items #2 & #4 (Ordinance 1692, Sidewalk Cafe Ordinance;
and Provisionally adopt Ordinance 1691) from the Consent agenda.
0:25:06 [18: 15:44] City Attorney Paul Luwe
City Attorney Paul Luwe explained that handing alcohol through a window is contrary to open
container law. A fence was recommended (in Consent item #2) to delineate where alcohol may and
may not be served.
0:27:29 [ ] Cr. Jacobson
Cr. Jacobson stated that she is satisfied with the explanations given for Consent item #2 and that it
can be re-inserted with the other Consent items for a vote tonight.
0:27:40 [ ] Mayor Jeff Krauss
Mayor Krauss moved Consent item #4 to Action item #6.
0:27:50 [ ] Public Comment - Closed
Mayor Krauss closed public comment for Consent items.
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0:27:51 [
] Motion and Vote to approve Consent items 1-3 and 5-13.
It was moved by Cr. Rupp and seconded by Cr. Kirchhoff to approve Consent items 1-3 and
5-13.
Those votin2 Aye bein2 Crs. Rupp. Kirchhoff. Jacobson. Becker. and Mayor Krauss.
Those votin2 No bein2 none.
The motion carried.
0:28:14 [18:16:48] 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.
0:29:16 [18:20:16] Public Comment-Don Mazzola
Don Mazzola, 624 N Montana Ave, a 21 year resident of Bozeman, commented that he wants
increased safety and police presence downtown.
0:33:15 [18:20:55] G. Special Presentation - Road to Home-Home Ownership Program (Menuez)
Tracy Menuez, Community Development Associate of the Human Resource Development Council,
provided a report about the funding and the achievements of the Road to Home-Home Ownership
Program.
0:38:56 [18:29:42] H. Action Items
0:38:56 [18:30:54] 1. Impact Fee Credit Request-0602 Legends Impact Fee Credit Request
(Saunders)
0:39:07 [18:30:56] Staff Report
Assistant Planning Director Chris Saunders presented the staff report about the Legends Impact Fee
Request 0602, Rouse A ve.lGriffin Dr. traffic signal.
0:51: 11 [18:42: 11] Applicant - Matt Ekstrom and Phil Odegard
Matt Ekstrom, an engineer with Brownstone Capital, and Phil Odegard, a traffic engineer with
HKM Engineering (working with the Montana Dept. of Transportation), discussed designing the
infrastructure for the traffic signal at Rouse Ave. and Griffin Dr.
1:07:12 [18:58:41] Public Comment
Mayor Krauss called for public comment on this item.
There was no public comment.
1:29:36 [19:22:21] Cr. Kirchhoff
Cr. Kirchhoff discussed motion language.
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1 :32: 12 [19:23:54] Mayor Krauss
Mayor Krauss discussed motion language: Vote yes and direct staff to come up with the necessary
moves to put this on abeyance for one year.
1:33:39 [19:25:54] Mayor Krauss
Mayor Krauss asked Mr. Ekstrom, "How was Phil (Odegard) hired to design a signal?"
1:35:40 [19:28:31] Mr. Kukulski
City Manager Kukulski stated that according to the Montana Dept. of Transportation, state statute
mandates that both roundabouts and traffic signals be considered for an intersection.
1 :42:39 [19:34:55] Cr. Becker
Cr. Becker asked for help to make a motion that frees the applicant to move the project forward and
gives the Commission the ability to try to identify a superior design in a suitable time frame.
1:44:21 [19:35:54] Motion and Vote to table the Impact Fee Credit Request-0602 Legends
Impact Fee Credit Request for two weeks until February 12, 2007.
It was moved by Cr. Kirchhoff and seconded by Cr. Jacobson to table the Impact Fee Credit
ReQuest-0602 Le2ends Impact Fee Credit Request for two weeks until February 12.2007.
Those votin2 Aye bein2 Crs. Kirchhoff. Jacobson. Becker. Rupp. Kirchhoff. and Mayor
Krauss.
Those votin2 No bein2 none.
The motion carried.
1 :45:28 [19:37:37] Cr. Kirchhoff - Subsequent Motion
Cr. Kirchhoff suggested a subsequent motion to direct the City Manager to work with the Acting
Public Works Director to come up with answers to the issues in conversation tonight:
1. Have a preliminary conversation with the landowner.
2. Use existing GIS maps to get a good schematic of that intersection to determine the feasibility of
a roundabout.
1 :46:59 [19:40:06] Cr. Kirchhoff - No Subsequent Motion
1:47:33 [ ] Mayor Krauss
Mayor Krauss didn't want to make it into a motion.
1 :48:31 [ ] 2. Impact Fee Credit Request-0603 Northside Impact Fee Credit Request
(Saunders)
1:48:34 [19:40:27] Staff Report
Mr. Saunders presented the staff report.
1:51:14 [19:41:39] Public Comment
Mayor Krauss called for public comment on this item.
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There was no public comment.
1:51:28 [19:44:43] Motion and Vote to approve Impact Fee Credit Request #0603 with the
conditions listed in the Commission memo.
It was moved by Cr. Jacobson and seconded by Cr. Becker to approve Impact Fee Credit
Request #0603 with the four conditions indicated by staff (see conditions below).
Conditions:
1. The credit will be paid as a sin21e amount.
2. The final value of the credit will not be determined until final project costs are available. A
preliminary credit value of $342.300 has been identified based upon an en2ineer's estimate.
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 a2ree in writin2 to the above listed conditions of approval prior to the
credits becomin2 effective.
Those votin2 Aye bein2 Crs. Jacobson. Becker. Rupp. Kirchhoff. and Mayor Krauss.
Those votin2 No bein2 none.
The motion carried.
1:51 :55 [19:44:56] Mayor Krauss made change to agenda - Peet's Hill Presentation moved
forward
1:53:19 [
] I. FYIIDiscussion
1:53:21 [ ] 1. Peet's Hill Parking Lot Lighting Update (Folger)
Grants Coordinator Sara Folger reported on the plans and three conditions to approve for Peet's Hill
Parking Lot.
2:18:09 [20:10:47] Break
2:27:07 [20: 11:06] Call to Order - Mayor Krauss
2:27: 11 [20: 11 :48] 3. Update of Capital Improvement Plans Schedules for FY2oo8-2012 for
Vehicle Maintenance Fund and Street Impact Fee Fund (Rosenberry)
Finance Director Anna Rosenberry presented an update of the Capital Improvement Plans
Schedules for FY2008-2012 for the Vehicle Maintenance Fund and the Street Impact Fee Fund.
She advised the Commission that this is a planning tool, not a budget to approve.
2:32:23 [20: 12:08] Public Comment
Mayor Krauss called for public comment on this item.
There was no public comment.
3:15:48 [ ] Motion and Vote to approve the FY2008-2012 Vehicle Maintenance Fund and
FY2008-2012 Street Impact Fee Fund Capital Improvements Plans.
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It was moved by Cr. Becker and seconded by Cr. Rupp to approve the FY2008-2012 Vehicle
Maintenance Fund and FY2oo8-2012 Street Impact Fee Fund Capital Improvements Plans.
Those votin2 Aye bein2 Crs. Becker. Kirchhoff. and Jacobson.
Those votin2 No bein2 Cr. Rupp and Mayor Krauss.
The motion carried.
3:16:22 [21:06:43] 4. Appointments to Beautification Advisory Board (Delaney)
3: 16:42 [21:07:10] Motion and Vote to appoint Chris J. Thompson to the Beautification
Advisory Board.
It was moved by Cr. Rupp and seconded by Cr. Kirchhoff to appoint Chris J. Thompson to
the Beautification Advisory Board.
Those votin2 Aye bein2 Crs. Rupp. Kirchhoff. Jacobson. Becker. and Mayor Krauss.
Those votin2 No bein2 none.
The motion carried.
3: 17:43 [21:09:53] 5. Charter Implementation/Section 4.06 - Neighborhood Associations
(Oulman)
Neighborhood Coordinator Tracy Oulman presented the Charter Implementation/Section 4.06 -
Neighborhood Associations.
4:04: 10 [21 :55:39] Mayor Krauss suspended Rules of Procedure to extend meeting.
4:10:47 [21:59:31] Motion and Vote to adopt recommended implementation strategies #1,2,
and 3 for the implementation of the City Charter Section 4.06-- Neighborhood Associations,
with a slight modification to #1.
It was moved by Cr. Kirchhoff and seconded by Cr. Jacobson to adopt recommended
implementation strate2ies #1. 2. and 3 for the implementation of the City Charter Section
4.06 - Nei2hborhood Associations. with a sli2ht modification to #1: Staff + InterNei2hborhood
Council + any modification to brin2 unrepresented areas into the discussion. decided upon by
INC and staff.
Recommended Implementation Strate2Y
(1) Establish a process to draft lan2Ua2e for the Nei2hborhood Reco2nition Ordinance.
(2) Identify any additional standards or considerations the City Commission may wish to
include in the Nei2hborhood Reco2nition Ordinance.
(3) Establish a deadline for the completion of the draft ordinance lan2ua2e.
Those votin2 Aye bein2 Crs. Kirchhoff. Jacobson. Becker. Rupp. Kirchhoff. and Mayor
Krauss. Those votin2 No bein2 none.
The motion carried.
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4: 12:40 [22:00:26] 6. Provisionally adopt Ordinance 1691 amending Bozeman Municipal
Code to reflect that a tie Commission vote results in a negative outcome (Luwe)
This item was moved from tonight's Consent agenda to Action item #6.
4:12:54 [22:00:51] Motion and Vote to table the item (Ordinance 1691) and bring it up as an
action item at the next meeting on February 5, 2007.
It was moved by Cr. Rupp and seconded by Cr. Kirchhoff to table the item (Ordinance 1691)
and brin2 it up as an action item at the next meetin2 on February 5. 2007.
Those votin2 Aye bein2 Crs. Rupp. Kirchhoff. Jacobson. and Becker.
Those votin2 No bein2 Mayor Krauss.
The motion carried.
4:14:04 [22:04:14] I. FYIIDiscussion
4: 14: 13 [22:05:39] City Clerk Brit Fontenot
City Clerk Brit Fontenot asked the Commission about whether the Joint City-County Meeting
scheduled for March 16, 2007 should be rescheduled since that is spring break. The Commissioners
agreed to reschedule it to March 23, if possible.
4:15:22 [22:06:30] J. Adjournment
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Brit Fontenot, City CI rk
PREPARED BY:
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Approved on
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