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Home My WebLink About2007-07-23 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 23, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, July 23,2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Fire Chief Chuck Winn, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Finance Director Anna Rosenberry, City Attorney Paul Luwe, City Engineer Rick Hixson, and Deputy City Clerk Cynthia Jordan Delancy. 0:10:57 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. 0:10:58 B. Pledge of Allegiance and a Moment of Silence 0:11 :55 C. Public Service Announcement - Thank You for Citizen Involvement in catching DUI Suspect (Lt. Rich McLane) 0:15:31 D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve and authorize City Manager to sign the Notice of Award for the Wastewater Treatment Plant Phase I Early Out Project Mixer Procurement Contract (Murray) 3. Approve Resolution No. 4044, Support of Full Funding for National Parks, Battlefields, and Monuments (Fontenot) 4. Authorize City Manager to sign the Public Access Easement and the Water Pipeline and Access Easement and Agreement for Schwartz Condos (D. Johnson) 5. Ratify the Commission vote whereby the intention of the motion was to adopt Resolution No. 4041, Final Creation of Special Improvement Lighting District #700, Annie Subdivision Phases 3B & 3C, although the stated motion was to continue the public hearing (Fontenot) 6. Approve Resolution No. 4046, adopting the 2007-2008 Facility Timeline & Finance Plan (Kukulski) 0:15:35 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:15:51 Motion and Vote to approve Consent items 1-6. It was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve Consent items 1-6. Those votine: Ave beine: Crs. Becker. Rupp. Kirchhoff. Jacobson. and Mavor Krauss. Those votine: No beine: none. The motion carried 5-0. 0: 16:05 E. Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:16:37 F. Action Items 0:16:401. Update of General Fund Capital Improvement Plan for Fiscal Years 2008-2012, deferred from July 16,2007 (Rosenberry) 0:16:43 Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. 0:20:37 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:34:06 Motion to approve the General Fund Capital Improvement Plan for Fiscal Years 2008-2012 with two changes. It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. to approve the General Fund Capital Improvement Plan for Fiscal Years 2008-2012 with two chane:es: one is the addition of a heatine: and air conditionine: replacement at the Senior Center for this fiscal year. and the removal of the lane:uae:e the Mayor spoke about that would remove tennis courts for a parkine: lot. 0:38:08 Vote to approve the General Fund Capital Improvement Plan for Fiscal Years 2008- 2012 with two changes. rIt was moved by Cr. Rupp. seconded bv Cr. Kirchhoff. to approve the General Fund Capital Improvement Plan for Fiscal Years 2008-2012 with two chane:es: one is the addition of a heatine: and air conditionine: replacement at the Senior Center for this fiscal year. and the removal of the lane:uae:e the Mavor spoke about that would remove tennis courts for a parkine: 101.1 Those votine: Aye beine: Crs. Rupp. Kirchhoff. Jacobson. Becker. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 0:38:172. Fire Department Mill Levy Options (WinnlKukulski) 0:38:56 Chuck Winn, Fire Chief Chief Winn presented the staff report. 0:53:24 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2 0:53:54 Motion to direct staff to bring back a resolution on August 13, 2007, with ballot language for an eighteen (18) mill levy request to fund staffing and operations of a new city fire station, and funding for the Fire Department's equipment and capital reserve plan. It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to direct staff to brine back a resolution on Aueust 13. 2007. with ballot laneuaee for an eie:hteen (18) milllevv request to fund staffine: and operations of a new city fire station. and fundine: for the Fire Department's equipment and capital reserve plan. 1 :07: 12 Vote to direct staff to bring back a resolution on August 13, 2007, with ballot language for an eighteen (18) mill levy request to fund staffing and operations of a new city fire station, and funding for the Fire Department's equipment and capital reserve plan. [It was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson. to direct staff to brine: back a resolution on Aue:ust 13. 2007. with ballot lane:uae:e for an eiehteen (18) milllevv request to fund staffine: and operations of a new city fire station. and fundine for the Fire Department's equipment and capital reserve plan.l Those votine: Ave beine: Crs. Kirchhoff. Jacobson. Becker. RUPD. and Mavor Krauss. Those votine: No beine: none. The motion carried 5-0. 1 :07:35 Mayor Krauss Mayor Krauss declared a five minute break. 1 :07:37 Break 1 :20:55 3. Water Impact Fee Schedule Update (SaundersIHDR) 1 :21 :24 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report. 1:25:21 Randy Goff, HDR Engineering Mr. Goff explained the impact fees. 1 :33:40 Public Comment opened. Mayor Krauss opened public comment. 1 :33:48 Art Wittich - Public Comment Mr. Wittich, representing the Southwest Montana Building Industry Association and the class of fee payers who litigated impact fees against the City of Bozeman, stated that with the unknown cost and construction schedule of the Sourdough Dam, to include the full funding for the project in the impact fees now would raise constitutional problems, and he urged the City to look at what the staff and HDR proposed. 1 :36:45 Public Comment closed. 3 Mayor Krauss closed public comment. 2:04:07 Motion to direct staff to prepare an implementing resolution for the Updated Fee Study and to keep the Sourdough Dam funding at the level identified in the study. It was moved bv Cr. Jacobson. seconded bv Cr. Becker. to direct staff to prepare an implementine resolution for the Updated Fee Study and to keep the Sourdoueh Dam fundine at the level identified in the study. 2:15:24 Cr. Jacobson Cr. Jacobson doesn't think they should be saying 20% (of the Sourdough Dam) because they don't know what it will cost, but they do know what the staff thinks it will take to design and permit it, and that is $4 million. 2: 16: 16 Vote to direct staff to prepare an implementing resolution for the Updated Fee Study and to keep the Sourdough Dam funding at the level identified in the study. rIt was moved bv Cr. Jacobson. seconded bv Cr. Becker. to direct staff to orepare an implementine resolution for the Updated Fee Study and to keep the Sourdoueh Dam fundine at the level identified in the studv.] Those votine Ave beine Crs. Jacobson. Becker. and Mavor Krauss. Those votine No beinS!: Crs. Rupp and Kirchhoff. The motion carried 3-2. 2:16:254. Wastewater Impact Fee Schedule Update (Saunders/HDR) 2: 16:40 Mr. Saunders Mr. Saunders presented the staff report. 2:17:37 Mr. Goff Mr. Goff eXplained the impact fees. 2:22:14 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:22:37 Motion and Vote to approve the updated Wastewater Impact Fee Study Report and direct staff to bring back a resolution of adoption. It was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve the updated Wastewater Impact Fee Study Report and direct staff to brine back a resolution of adoption. Those votine Ave beine Crs. Becker. Rupp. Kirchhoff, Jacobson. and Mavor Krauss. Those votine No beine none. The motion carried 5-0. 4 2:23:035. Provisionally adopt Ordinance No. 1707, Amending Chapter 3.24, Impact Fees, Bozeman Municipal Code (Saunders) 2:23:22 Mr. Saunders Mr. Saunders presented the staff report. 2:28:53 Public Comment opened. Mayor Krauss opened public comment. 2:29:00 Art Wittich - Public Comment Mr. Wittich, representing SWMBIA and the class of fee payers, stated that the prudent thing to do is to keep it at 90% and err on the side of not overcharging and creating a constitutional problem. 2:31 :32 Public Comment closed. Mayor Krauss closed public comment. 2:34:06 Motion to provisionally adopt Ordinance 1707. It was moved bv Cr. Rupp. seconded by Cr. Kirchhoff. to provisionally adopt Ordinance 1707. 2:34:35 Mr. Saunders Mr. Saunders clarified that the motion as made would remove the 80% (impact fee) limitation from fire, streets, water, and sewer. By not specifically lowering it, it automatically goes to the calculated amount in the study and adjusts annually by inflationary factors, which functionally means 100%. 3:04:18 Vote to provisionally adopt Ordinance 1707. [It was moved by Cr. Rupp. seconded by Cr. Kirehhoff. to provisionally adopt Ordinance 1707.1 Those votin!! Aye bein!! Crs. Rupp. Kirchhoff. and Jacobson. Those votin!! No bein!! Cr. Becker and Mayor Krauss. The motion carried 3-2. 3:05:186. Resolution No. 4045, Final Creation of Special Improvement Lighting District #701, Flanders Creek Subdivision (Rosenberry) 3 :05 :29 Ms. Rosenberry Ms. Rosenberry presented the staff report. 3:06:16 Public Comment Mayor Krauss opened and closed public comment. No person commented. 3:06:32 Motion to approve Resolution 4045, Final Creation of Special Improvement Lighting District #701. 5 It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to approve Resolution 4045. Final Creation of Special Improvement Lil!htinl! District #701. 3:07:17 Vote to approve Resolution 4045, Final Creation of Special Improvement Lighting District #701. rIt was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to approve Resolution 4045. Final Creation of Special Improvement Liahtina District #701.1 Those votina Aye beinl! Crs. Kirchhoff. Jacobson. Rupp. and Mayor Krauss. Those votinl! No beina Cr. Becker. The motion carried 4-1. 3:07:307. Reappointment to the Parking Commission (Delaney) 3:07:35 Mayor Krauss Mayor Krauss reappointed Pam Bryan to the Parking Commission with the consent of the Commission. 3:07:528. Reappointment to the Library Board of Trustees (Delaney) 3:07:57 Mayor Krauss Mayor Krauss reappointed Holly Brown to the Library Board of Trustees with the consent of the Commission. 3:08:179. Reappointment to the Community Affordable Housing Advisory Board (CAHAB) (Delaney) 3:08:29 Motion to appoint Mary Martin to CAHAB. It was moved bv Cr. Becker. seconded by Cr. Kirchhoff. to appoint Mary Martin to CAHAB. 3:08:36 Cr. Jacobson Cr. Jacobson would like those reapplying to boards to fill out new applications to make sure their information is current. 3:09:53 Vote to appoint Mary Martin to CAHAB. rIt was moved bv Cr. Becker. seconded by Cr. Kirchhoff. to appoint Mary Martin to CAHAB.1 Those votina Ave beinl! Crs. Jacobson. Becker. Rupp. Kirchhoff. and Mavor Krauss. Those votinl! No beina none. The motion carried 5-0. 6 3: 1 0: 19 G. FYI/Discussion 3:10:23 Cynthia Jordan Delaney, Deputy City Clerk - Reminder about no Commission Meeting on July 30 3:10:35 H. Adjournment Mayor Krauss adjourned the meeting at 9:08 pm. ._-.... ~ KI0. Je e K. ~ayor- >~ ATTEST:_ ~~ PREPARED BY: ~ Cynt aney, Deputy City C1 Approved on ])e [~eJ-. '6, ;Lcro 1. 7