The URL can be used to link to this page

Home My WebLink About2007-08-13 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 13, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 13,2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City Manager Chris Kuku1ski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Director of Public Safety/Police Mark Tymrak, Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney. 0:08:35 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order at 6:07 pm. 0:08:40 B. Pledge of Allegiance and a Moment of Silence 0:09:53 C. Public Service Announcement - Construction Update (Semerau) 0: 10:21 Karen Semerau, Executive Assistant Ms. Semerau expressed a thank you to the public for their patience during this construction season and gave an update about Bozeman construction. 0:13:59 D. Consent 1. Authorize Payment of Claims (LaMeres) 2. Approve Monthly Building Division Report (Poulsen) 3. Approve Resolution No. 4055, Intent to include the Cities of Belgrade and Bozeman into the Gallatin Solid Waste Management District (Arkell) 4. Approve Resolution No. 4052, Intent to Create Special Improvement Lighting District #702, PT Land Subdivision Phase 1 (Shannon) 5. Approve Beer & Wine License for All Things Italian, LLC (Neibauer) 6. Authorize City Manager to sign Professional Services Agreement for Archaeological Monitoring at the Intermodal Facility (Bristor) 7. Authorize City Manager to sign Public Access Easement for Wiegand Estates (Stodola) 0:14:06 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:14:21 Motion and Vote to approve Consent items 1-7. It was moved bv Cr. Becker. seconded bv Cr. RUDD. to aDDrove Consent items 1-7. Linked Minutes oflhe Bozeman City Commission Meelinf;, Augusl]3, 2007 Those votine Aye beine: Crs. Becker, Rupp, Kirchhoff. Jacobson. and Mayor Krauss. Those votine No beine none. The motion carried 5-0. 0:14:38 E. Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:15:19 F. Action Items 0:15:211. City-County Health Department's FY 2008 Preliminary Budget (Nelson) 0:15:28 Stephanie Nelson, Health Officer at the Gallatin City-County Health Department Ms. Nelson presented a review of the Health Department's budget for Fiscal Year 2008. 0:26:09 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:26:36 Motion and Vote to approve the City-County Health Department FY 2008 Preliminary Budget. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff. to approve the Citv-Countv Health Department FY 2008 Preliminary Budeet. Those votine: Aye beine: Crs. Rupp. Kirchhoff. Jacobson. Becker. and Mavor Krauss. Those votine No beine none. The motion carried 5-0. 0:26:592. Resolution No. 4042, Water Rates (Rosenberry) 0:27:12 Anna Rosenberry, Director of Finance Ms. Rosenberry presented the staff report. 0:28:49 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:29:05 Motion to approve Resolution 4042, which outlines water rates effective September 1,2007 and September 1,2008. It was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to approve Resolution 4042, which outlines water rates effective September 1.2007 and September 1.2008. 0:30: 17 Vote to approve Resolution 4042, which outlines water rates effective September 1, 2007 and September 1, 2008. rIt was moved bv Cr. Kirchhoff. seconded bv Cr. Jacobson, to approve Resolution 4042. which outlines water rates effective September 1.2007 and September 1,2008.1 Linked Minutes of the Bozeman City Commission Meeting, August 13, 2007 Those votine: Aye beine: Crs. Kirchhoff. Jacobson. Becker. Ruoo. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 0:30:26 3. Resolution No. 4043, Wastewater Rates (Rosenberry) 0:30:33 Ms. Rosenberry Ms. Rosenberry presented the staff report. 0:32:28 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:33 :22 Dustin Johnson, Project Engineer Mr. Johnson is the representative from the City who meets with the dairy. The dairy is planning on using tankers to tank the water back out to the dairy to reuse that water. 0:40:34 Motion to adopt Resolution No. 4043, which outlines wastewater rates effective on September 1, 2007 and September 1, 2008. It was moved by Cr. Jacobson. seconded bv Cr. Becker. to adoot Resolution No. 4043. which outlines wastewater rates effective on Seotember 1. 2007 and Seotember 1. 2008. 0:43:27 Vote to adopt Resolution No. 4043, which outlines wastewater rates effective on September 1, 2007 and September 1,2008. rlt was moved by Cr. Jacobson. seconded bv Cr. Becker. to adoot Resolution No. 4043. which outlines wastewater rates effective on Seotember 1.2007 and Seotember 1. 2008.1 Those votine: Aye beine: Crs. Jacobson. Becker. Kirchhoff. and Mayor Krauss. Those votine: No beine: Cr. Ruoo. The motion carried 4-1. 0:43:354. Resolution No. 4054, Property Tax Increase for Fire Services (KukulskilWinn) 0:43:53 Chris Kukulski, City Manager Mr. Kukulski presented the staff report. 1 :03:10 Public Comment Mayor Krauss opened and closed public comment. No person commented. 1 :03:46 Motion to approve Resolution 4054, Property Tax Increase for the Fire Services, adopting ballot language for the 2007 General Election. It was moved by Cr. Becker. seconded by Cr. Ruoo. to ann rove Resolution 4054. Prooertv Tax Increase for the Fire Services. adootinl! ballot lanl!ual!e for the 2007 General Election. Linked Minutes (ijthe Bozeman City Cummissiun Meeting, August 13, 2007 1: 11 :35 Cr. Jacobson Cr. Jacobson stated that she would like a simple sentence that said, "The average homeowner would pay this much per month." 1 :11 :51 Mayor Krauss Mayor Krauss suggested that "the median" should be used. 1 : 15 :21 Amendment to Motion and Vote on Amendment It was moved by Cr. Becker. seconded by Cr. RUDP. to amend the Fire Services Mill Levv motion to include lane:uae:e that addresses the median home value per month: "The Bozeman median homeowner would pav $3.75 a month. " Those votine: Ave beine: Crs. Becker. Ruoo. Kirchhoff. Jacobson. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 1 :20:42 Vote to approve Resolution 4054, Property Tax Increase for the Fire Services, adopting ballot language for the 2007 General Election. rIt was moved by Cr. Becker. seconded by Cr. RUPD. to approve Resolution 4054. Property Tax Increase for the Fire Services. adootine: ballot lane:uae:e for the 2007 General Election.l Those votine: Aye beine: Crs. Becker. Rupp. Kirchhoff. Jacobson. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 1 :20:505. Resolution No. 4051, Property Tax Increase for Police Services (KukulskifI'ymrak) 1 :24:11 Mark Tymrak, Director of Public Safety/Police Mr. Tymrak presented the staff report. 1 :26:46 Public Comment opened. Mayor Krauss opened public comment. 1 :26:53 Eric Brvson - Public Comment Mr. Bryson resides at 2738 Harris Street, and he hopes the Commission supports this unanimously. We need to focus on public safely, and getting cops on the street should be a priority. 1 :27:44 Public Comment closed. Mayor Krauss closed public comment. 1 :32:30 Motion to approve Resolution 4051, Property Tax Increase for Police Services, with the ballot language recommended. Linked Minutes otthe Bozeman Ci(V Commission Meeting. August J 3, 20m It was moved bv Cr. Rupp, seconded bv Cr. Kirchhoff. to approve Resolution 4051, Property Tax Increase for Police Services. with the ballot lan!!:ua!!:e recommended. I :33:14 Amendment Language - Mayor Krauss Mayor Krauss suggested Amendment language: "The Bozeman median homeowner would pay (whatever it is) $.93 a month, and $2.10 a month, and whatever it is." I :34:23 Amendment to Motion and Vote on Amendment It was moved bv Cr. Becker, seconded bv Cr. Jacobson, to add a statement about monthly payments similar to the one on the Fire Levv if it is le!!:al: "The Bozeman median homeowner would pay (whatever it is) $.93 a month, and $2.10 a month. and whatever it is." Those voting: Ave bein!!: Crs. Becker. Rupp. Kirchhoff. Jacobson, and Mavor Krauss. Those votin!!: No bein!!: none. The amendment carried 5-0. 1:40:43 Vote to approve Resolution 4051, Property Tax Increase for Police Services, with the ballot language recommended. lIt was moved bv Cr. Rupp, seconded bv Cr. Kirchhoff, to approve Resolution 4051, Property Tax Increase for Police Services, with the ballot lang:ua!!:e recommended.l Those votin!!: Ave bein!!: Crs. Rupp, Kirchhoff, Jacobson. Becker. and Mavor Krauss. Those votin!!: No bein!!: none. The motion carried 5-0. I :40:55 Mayor Krauss Mayor Krauss declared a ten minute break. I :40:58 Break 1:58:48 6. Provisional Adoption of Ordinance No. 1713, Amending Bozeman Municipal Code Section 2.05.040, Revising the Requirements for Certain Sales of Real Property (Cooper) 1:59: 13 Tim Cooper, Assistant City Attorney Mr. Cooper presented the staff report. 2:02:57 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:03:16 Motion to pass this (provisionally adopt Ordinance No. 1713). Unked Minutes o/the Bozeman Ci(v Commission MeetinK, August 13, 2007 It was moved by Cr. Kirchhoff. seconded by Cr. Jacobson. to pass this (provisionally adopt Ordinance No. 1713). 2:08:30 Vote to pass this (provisionally adopt Ordinance No. 1713). fIt was moved by Cr. Kirchhoff. seconded bv Cr. Jacobson. to pass this (provisionallv adopt Ordinance No. 1713).1 Those votine: Aye beine: Crs. Kirchhoff. Jacobson. Becker. Rupp. and Mayor Krauss. Those votine: No beine: none. The motion carried 5-0. 2:08:38 7. Provisional Adoption of Ordinance No. 1714, Providing for the Repayment to the City of Impact Fees deferred under the Workforce Housing Program at the rate of 10% per year until the obligation is retired (Brey/Saunders) 2:09:08 Ron Brey, Assistant City Manager Mr. Brey presented the staff report. 2: 13: 16 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:13:30 Motion to adopt Ordinance No. 1714, and under 17.02.060 Cost Offsets, modifying 3 and adding A. It was moved by Cr. Jacobson. seconded by Cr. Becker. to adopt Ordinance No. 1714. and under 17.02.060 Cost Offsets. modifvine: 3 and addine: A.: "Deferred impact fees shall be paid to the City at the rate of 10% per Year. due from the orie:inal purchaser upon sale of the property. In the event of the sale of the impact fee deferred property before ten years. the remainder of the oblie:ation will be collected from any subseQuent buyers at the rate of 10% per year. due upon any subseQuent sale of the property. Partial years will be assessed on a proportional basis. Such collections will continue until the oblie:ation is retired. " 2:33:42 Amendment to Motion It was moved by Cr. Becker. seconded by Cr. Rupp. to amend Cr. Jacobson's motion to reQuire homeowners to pay the remainine: impact fee in 10 vears. The homeowner is permitted to pav over a three year period after the 10 year term is achieved and home is removed from the proe:ram (after they've owned the home for 10 years). 2:46:51 Vote on Amendment fIt was moved by Cr. Becker. seconded by Cr. Rupp. to amend Cr. Jacobson's motion to reQuire homeowners to pay the remainine: impact fee in 10 vears. The homeowner is permitted to pay over a three year period after the 10 year term is achieved and home is removed from the proe:ram (after they've owned the home for 10 years).l Unked Minutes olthe Bozeman Ci(v Commission Meeting, August 13, 2007 Those votin!! Aye bein!! Crs. Becker, Rupp, and Mayor Krauss. Those votin!! No bein!! Crs. Kirchhoff and Jacobson. The motion carried 3-2. 2:47:14 Vote to adopt Ordinance No. 1714, and under 17.02.060 Cost Offsets, modifying 3 and adding A. lIt was moved by Cr. Jacobson. seconded by Cr. Becker, to adopt Ordinance No. 1714, and under 17.02.060 Cost Offsets, modifvin!! 3 and addin!!: A.: "Deferred impact fees shall be paid to the City at the rate of 10% per year. due from the ori!!inal purchaser upon sale of the property. In the event of the sale of the impact fee deferred property before ten years. the remainder of the obli!!ation will be collected from any subsequent buyers at the rate of 10% Der year, due upon any subsequent sale of the property. Partial years will be assessed on a proportional basis. Such collections will continue until the obli!!ation is retired."l Those votin!! Aye bein!! Crs. Becker. Rupp. and Mayor Krauss. Those votin!! No bein!! Crs. Jacobson and Kirchhoff. The motion carried 3-2. 2:47:258. Provisional Adoption of Ordinance No. 1715, Amending the Residential Dates of MSU Parking Permits (Brey) 2:47:34 Mr. Brey Mr. Brey presented the staff report. 2:48:58 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:49:21 Motion to provisionally adopt Ordinance 1715, Amending the Residential Dates of MSU Parking Permits. It was moved bv Cr. Becker, seconded by Cr. Rupp. to provisionally adopt Ordinance 1715. Amendin!! the Residential Dates of MSU Parkin!! Permits. Those votin!! Aye bein!! Crs. Becker, Rupp, Kirchhoff, Jacobson. and Mayor Krauss. Those votin!! No bein!!: none. The motion carried 5-0. 2:49:43 9. Resolution No. 4053, Final Creation of Special Improvement Lighting District #699, Bozeman Gateway Subdivision Phases 1 & 3 (Rosenberry) 2:50:04 Ms. Rosenberry Ms. Rosenberry presented the staff report. 2:51: 18 Public Comment Mayor Krauss opened and closed public comment. No person commented. Linked Minutes afthe Bozeman City Commission Meeting, August 13, )007 2:53:02 Motion and Vote Final Creation of SID 699 with the Resolution 4053 being adopted. It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. Final Creation of SID 699 with the Resolution 4053 beinl!: adopted. Those votinl!: Aye beinl!: Crs. Rupp, Kirchhoff. Jacobson. and Mayor Krauss. Those votinl! No beinl! Cr. Becker. The motion carried 4-1. 2:53:2610. Appointment to the City Planning Board (Delaney) 2:53:33 Mayor Krauss Mayor Krauss appointed Eric J. Roset to the City Planning Board. 2:53 :46 G. FYI/Discussion 2:54:1 0 Cynthia Jordan Delaney, Deputy City Clerk - Reminder of Executive Session on Monday, August 20 at 5:00 pm 2:54:29 Ms. Delaney ~ Liaison needed for Victim Witness Project Team 2:54:50 Mayor Krauss Mayor Krauss volunteered to be the liaison to the Victim Witness Project Team. 2:55:13 Cr. Rupp - Interested to continue conversation about stops signs on North Wallace 2:56:46 Cr. Rupp - Wants to add to an agenda how a City Commissioner can get a four-way stop established at Wallace and Mendenhall 2:57:10 Ms. Rosenberry. Senior Center air conditioning unit is already scheduled in the FY08 Budget; Final Budget adoption will be delayed until at least August 27 2:59:01 Cr. Becker - Liaison needed for Wetlands Review Board 3:00:39 Mayor Krauss - Upset with the Sports Illustrated article about Bozeman and asked others to read it 3:05:34 Cr. Becker - Met last week with County Cr. Bill Murdoch and the Forest Service about plowing Hyalite Canyon during the winter 3:07:29 H. Adjournment Mayor Krauss adjourned the meeting at 9:08 pm. ~ CUt.-- Jeffr 55, Mayor Linked Minutes of the Bozeman City Commission Meeting. August 13, 2007 ATTEST: PREPARED BY: Cynt elaney, Deputy City Cle Approved on De.-c€4Yt h-eJ- 10 ;) 0-07 }