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HomeMy WebLinkAbout2007-08-27 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 27, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 27, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. JeffRupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Finance Director Anna Rosenberry, Director of Public Works Debbie Arkell, Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney. 0:07:01 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. 0:07:03 B. Pledge of Allegiance and a Moment of Silence 0:08:02 Changes to the Agenda - Chris Kukulski, City Manager Mr. Kukulski gave two updates to the agenda: item G. 5. (Madill Impact Fee Credit Request IFCR-070l, opened and continued from August 20, 2007) has been postponed to September 4, 2007 at the request of the applicant. He anticipates that the Hyalite Canyon winter use discussion would take place during the budget hearing. 0:09:01 Mayor Krauss Mayor Krauss moved the Hyalite winter use and plowing discussion into the budget hearing. 0:09:12 C. Public Service Announcement - Public Nuisance Response (McLane) 0:09: 18 Lt. Rich McLane Lt. McLane addressed noise disturbances and common sense boundaries about parties In Bozeman. 0: 12: 17 Public Service Announcement Brit Fontenot, Assistant to City ManagerlNeighborhood Coordinator Mr. Fontenot shared that the Peet's Hill parking lot and trail will be closed from September 4 to 24 for paving. He instructed the public where to park. He also shared that the County now has the ability to stream the Commission meetings for internet use, and it is in the testing phase. 0:14:13 D. Authorize the Absence of Cr. Jacobson 0:14:14 Motion and Vote to authorize the absence of Cr. Jacobson. It was moved bv Cr. Becker. seconded bv Cr. Rupp. to authorize the absence of Cr. Jacobson. Linked Minutes 4the Bozeman City Commission Meeting, August 27, 20()7 Those votine: Ave beine: Crs. Becker. Rupp. Kirchhoff. and Mavor Krauss. Those votine: No beine: none. The motion carried 4-0. 0:14:28 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Finally adopt Ordinance No. 1713, Revising Section 2.05.040, Bozeman Municipal Code, Requirements for Certain Sales of Real Property (Cooper) 3. Finally adopt Ordinance No. 1715, Revising the Effective Dates of the Annual Residential Parking Permits for the MSU Parking District (Brey) 4. Authorize City Manager to sign Emergency Management Coordinator and Hazardous Materials Contract (Winn) 5. Approve Letter ofIntent to sell Parking Garage Retail Condos to City Center Commerce, LLC (Rosenberry) 0: 14:32 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:14:50 Motion and Vote to approve consent items E. 1-5. It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve consent items E. 1-5. Those votine: Ave beine: Crs. Rupp. Kirchhoff. Becker. and Mavor Krauss. Those votine: No beine: none. The motion carried 4-0. 0:15:02 F. Public Comment Mayor Krauss opened public comment. 0: 15 :41 Brian Caldwell- Public Comment Mr. Caldwell, a member of the Affordable Housing Task Force, commented on Action item 4, the repayment of deferred impact fees. His personal opinion would be to adjust the price that the land developers paid for the land and adjust that accordingly to offset this impact fee. The impact fee component is an important cost to be eliminated, and to defer it to the home buyer defeats the purpose of the ordinance. 0: 17:22 Jennifer Swearimlen - Public Comment Ms. Swearingen resides at 502 South 6th Avenue. She commented on the first FYI item, Great Falls Electric Power Company Presentation. She believes very strongly that the purchase of electricity from the City of Great Falls would be environmentally unsound, fiscally risky for the City, and could negatively impact residential ratepayers. She handed out a fact sheet, and urged the Commission to review the email from Bob Raney. 0: 19:04 Joe JoseDhson - Public Comment Linked Minules (~(the Bo~el11an ('ily ('ol11mission Meeling, Augusl27, 2007 Mr. Josephson resides at 232 South K Street in Livingston. He is representing the Southwest Montana Climbers' Coalition for the Hyalite Canyon winter road issue. He stated that if the City helps now, they will be creating stewards who will care about the watershed. He encouraged the City to contribute funding for plowing the road to Blackmore. 0:22:10 Marcia YounJlman -Public Comment Ms. Youngman resides at 1214 West Koch Street. She believes this electric city power concept is the wrong direction to be going. There is no way Bozeman could ever mitigate its share of the global-warming pollutants, and the short-term savings would go away very quickly. She feels that it is a terrible deal ultimately for tax payers and the environment. Both Helena and Missoula have said no quickly, and she hopes the Commission will say no as well. 0:24:21 Kathv Costakis - Public Comment Ms. Costakis resides at 408 Bonner Lane. She spoke at the Transportation Coordinating Committee meeting about the need for a more comprehensive look at our schools and how kids walk and bike to school. She asked the Commission to put the $20,000 back in the transportation update or the budget for AL T A. If the City will give $10,000, she will commit to help raise the other $10,000. 0:34:44 Public Comment closed. Mayor Krauss closed public comment. 0:34:52 G. Action Items 0:34:53 1. Resolution No. 4060, Appropriation Resolution for Fiscal Year 2007-2008, Budget Hearing opened and continued on July 16 to August 20, 2007, and continued from August 20 to August 27, 2007 (Rosenberry) 0:35:02 Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. I :02:52 Public Comment opened. Mayor Krauss opened public comment. 1 :03: 12 Kerrv White - Public Comment Mr. White resides at 4000 Blackwood Road. As a member of the Transportation Coordinating Committee, he believes it's inappropriate for the $10,000 to be thrown into the TCC and Transportation Plan. He was also greatly concerned about plowing the Hyalite Canyon road: possible contamination of Bozeman's water supply, gorging out the canyon, icy roads, and accidents leading to lawsuits. 1 :07:45 Mark Johnson - Public Comment Mr. Johnson resides at 107 Northwestern Drive. He asked if it was appropriate to consider renewing a compo sting facility since the one in the past was contaminated and shut down. The Commission is addressing the concern of hauling all the solid waste to Logan, but having a compost facility would reduce the amount of waste. Unked Minutes o(the Bozeman City Commission Meelin?, Augusl 27, 211117 1: 11 :36 Public Comment closed. Mayor Krauss closed public comment. 1 :58:29 Motion to approve Resolution 4060, Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items. It was moved bv Cr. Kirchhoff to approve Resolution 4060. Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items: I would add to the resolution that we cover the $25.700 library materials' budeet increase: that startine in December we pav the full-time equivalent for maintenance of the library: that we set aside and appropriate $20.000 to pay to the AL T A Group in its research and survevine and preliminary data e:atherine: for the Safe Routes to Schools involvine: our school district. particularly elementary schools: and I don't know how to include the parks' restrooms' improvements. 1 :59:41 Mr. Kukulski Mr. Kukulski suggested that unless they want park restrooms to trump other items (because they will be at least $60,000 each), he will encourage Mr. Dingman and the Recreation and Park group to get right down to the details of these restroom replacements and bring that forth in an amendment to the budget and utilizing some of our cash reserve to get that replaced. 2:00:26 Clarification of Motion Cr. Kirchhoff clarified that he doesn't need to mention the parks' restrooms in this motion, and direction can be given later. He wanted to include the estimated amount for surveying so that we can eventually re-plat our parks and designate them as parks. He included everything on the list except for Hyalite plowing. It was moved bv Cr. Kirchhoff to approve Resolution 4060. Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items. I would add to the resolution that we cover the $25.700 library materials' bude:et increase: that startine in December we pay the full-time equivalent for maintenance of the library: that we set aside and appropriate $20.000 to pay to the ALTA Group in its research and survevine and preliminary data eatherine for the Safe Routes to Schools involvine: our school district. particularly elementary schools: and include the estimated amount for survevine: so that we can eventuallv re-plat our parks and desie:nate them as parks. 2:01:31 Second of Motion Cr. Becker seconded Cr. Kirchhoff's motion. It was moved bv Cr. Kirchhoff. seconded bv Cr. Becker to approve Resolution 4060. Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items. I would add to the resolution that we cover the $25.700 library materials' bude:et increase: that startine: in December we pay the full-time equivalent for maintenance of the library: that we set aside and appropriate $20.000 to pay to the AL T A Group in its research and survevine and preliminary data eatherine for the Safe Routes to Schools involvine: our Linked Minutes 4the Bo:::eman City Commission Meeting, August 27, 2()()7 school district. particularly elementary schools; and include the estimated amount for surveyine: so that we can eventually re-plat our parks and desie:nate them as parks. 2:06:06 Cr. Rupp Cr. Rupp checked with Cr. Kirchhoff to clarify that there were four parts to the motion: library materials, Safe Routes to Schools, survey the park land, and the maintenance man starting halfway through the year. 2:06:22 Mayor Krauss Mayor Krauss stated that that add ups to $85,000, which is $15,000 more than the revenues, and he won't vote for an unbalanced General Fund Budget. 2:06:40 Cr. Becker Cr. Becker asked if they were willing to amend it to the $10,000 requested for the Safe Routes to Schools, and if the fundraising didn't work, they could revisit it later. 2:07:27 Cr. Rupp Cr. Rupp asked if some money could be taken out of the reserve for the new City Hall. 2:07:49 Mayor Krauss Mayor Krauss said that they would make the motion to put $10,000 into the General Fund and $10,000 into the Special Revenue Fund. 2:09:53 Cr. Rupp Cr. Rupp asked Mayor Krauss if he wanted him to identify in this motion that they balance the City budget by moving the money from library remodel/City Hall remodel to cover this extra $10,000. 2: 11 : 0 I Mayor Krauss Mayor Krauss said that we can definitely move $10,000 (or whatever that is) and pay the whole Safe Routes to Schools out of the Valley Unit/Special Projects money. Let's just move the $20,000 out of Valley Unit; then we are at $55,000, and we have a $20,000 cushion, and it would be balanced in the black by a few thousand dollars, leaving everything else the same. 2:11 :45 Friendly Amendment to Motion Cr. Kirchhoff accepted that as a Friendly Amendment: It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to definitely move $10.000 (or whatever that is) and pay the whole Safe Routes to Schools out of the Valley Unit/Special Proiects money. Let's iust move the $20.000 out of Valley Unit; then we are at $55.000. and we have a $20.000 cushion. and it would be balanced in the black by a few thousand dollars. leavine: every thine: else the same. 2:12:07 Clarification of Motion (including Friendly Amendment) I_inked Minutes oj the Bu;:emal1 Ci(v CUllunission Meeting, August 27, 2nn7 Mayor Krauss clarified the motion and what they added: $25,700 for the library (materials), $30,000 approximately for the half a year FTE (maintenance position), and $20,000 for the AL T A Contract for Safe Routes to Schools. The Amendment removed the $20,000 from the General Fund and authorized this expenditure from the Special Projects Fund/Valley Unit Fund. The $10,000 for the survey of the parks, as well. 2:13:07 Mayor Krauss Mayor Krauss said that the Hyalite plowing could come back as a budget amendment, if they ever get a robust proposal with guardrails and the Forest Service steps up; then the City might step up. 2:13:46 Vote to approve Resolution 4060, Appropriation Resolution for Fiscal Year 2007- 2008 with a few additional items. It was moved bv Cr. Kirchhoff to approve Resolution 4060. Appropriation Resolution for Fiscal Year 2007-2008 with a few additional items. I would add to the resolution that we cover the $25.700 library materials' budeet increase; that startine in December we pay the full-time equivalent for maintenance ($30.000); that we set aside and appropriate $20.000 to pav to the AL T A Group in its research and survevine: and preliminary data e:atherine: for the Safe Routes to Schools involvine: our school district. particularly elementary schools; and include the estimated amount for survevine so that we can eventuallv re-plat our parks and desie:nate them as parks. The Amendment removed the $20.000 from the General Fund and authorized this expenditure from the Special ProiectsFundNallev Unit Fund. Those votine: Ave beine: Crs. Kirchhoff. Becker. Rupp. and Mavor Krauss. Those votine: No beine: none. The motion carried 4-0. 2:14:18 Mayor Krauss Mayor Krauss declared a 15 minute break. 2:14:22 Break 2:36:322. Resolution No. 4061, Setting Mill Levies for Fiscal Year 2007-2008 (Rosenberry) 2:37:00 Ms. Rosenberry Ms. Rosenberry presented the staff report. 2:37:15 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:37:37 Motion and Vote to approve Commission Resolution 4061, Setting the Mill Levies for Fiscal Year 2007-2008. Unked Minutes of the Bozeman Ci~v Commission Meeting, August 27, 2007 It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve Commission Resolution 4061. Settin!!: the Mill Levies for Fiscal Year 2007-2008. Those votin!!: Ave bein!!: Crs. Rupp. Kirchhoff. Becker. and Mavor Krauss. Those votin!!: No bein!!: none. The motion carried 4-0. 2:37:573. CFT Office Building Conditional Use Permit #Z-07017 (Knight) 2:38:19 Martin Knight, Planner Mr. Knight presented the staff report. 2:44:25 James Nickelson, Applicant Mr. Nickelson, is with Morrison-Maierle, representing K.C. Tolliver and the CFT Limited Group tonight. He requested the removal of the condition as he understood it (the extension of Opportunity Way, due east from where it is right now, half on the applicant's property and half on the adjacent property to the south) due to the list of conflicts since it doesn't seem possible. The applicant suggested an alternative to the condition, but wanted direction from the Commission on how to proceed. 2:51 :00 Public Comment Mayor Krauss opened and closed public comment. No person commented. 2:56:03 Cr. Kirchhoff Cr. Kirchhoff stated that the drawing (presented by James Nickelson) seems to satisfy the condition. 2:57:49 Mayor Krauss Mayor Krauss asked Mr. Nickelson if the right-of-way is completely on Allison Subdivision as it extends east (as shown in the drawing). 2:58:00 Mr. Nickelson Mr. Nickelson stated that it (the right-of-way) is completely on it. 3 :00:49 Cr. Kirchhoff Cr. Kirchhoff clarified that the request could be to remove some of the wording rather than approving or denying the entire condition. He suggested removing the words: "and the owners of the Allison Subdivision." The rest of the condition could remain: "An acceptable connection of Opportunity Way must be worked out with the City Engineer prior to Final Site Plan approval." 3:10:25 Mr. Epple Mr. Epple suggested that next week staff bring a map of the Allison Preliminary Plat, and he asked if the Commission wants to hold off on making a decision. 3: 11 :34 Mr. Nickelson Mr. Nickelson stated that he is available next week. Unked Minutes a/the Bozeman City Commission Meeting, August 27, ]()()7 3:13:36 Cr. Rupp Cr. Rupp thought that the best procedure would be to continue this discussion to a set time and have Andy Epple visit more with the applicant. 3:15:58 Motion and Vote to open and continue (CFT Office Building Conditional Use Permit #Z-07017) until next week (September 4, 2007) just from this part of the conversation forward. It was moved bv Cr. Becker. seconded bv Cr. Rupp. to open and continue (CFT Office Buildine: Conditional Use Permit #Z-07017) until next week (September 4. 2007) iust from this part of the conversation forward. Those votine: Ave beine: Crs. Becker. Rupp. Kirchhoff. and Mavor Krauss. Those votine: No beine: none. The motion carried 4-0. 3:16:294. Final Adoption of Ordinance No. 1714, Providing for the Repayment to the City of Impact Fees Deferred under the Workforce Housing Program (Brey/Saunders) 3:16:39 Ron Brey, Assistant City Manager Mr. Brey presented the staff report. 3:17:31 Public Comment Mayor Krauss opened and closed public comment. No person commented. 3: 17:51 Motion that we approve Ordinance No. 1714, but I am going to amend it in two areas. It was moved bv Cr. Rupp. seconded bv Cr. Becker. that we approve Ordinance No. 1714. but I am e:oine: to amend it in two areas. In the title. I am e:oine: to strike in the sentence with "DEFERRED UNDER THE WORKFORCE HOUSING PROGRAM." delete "AT THE RATE OF 10% PER YEAR UNTIL THE OBLIGATION IS RETIRED." In Cost Offsets under number 3 (a). I would like to strike "Deferred impact fees shall be paid to the City at the rate of 10% per vear . . . " and add in its place that "After 10 years of unchane:ed ownership. all deferred impact fees shall be paid to the City whenever the property is refinanced. sold. or chane:es ownership. " 3:22:01 Mr. Brey Mr. Brey said that the same owner has to have it for ten years before it leaves the program (that's what defines leaving the program). Once an owner has had it for ten years (it could be the first or the fifth owner), only when they choose to execute some kind of transaction involving that market value property are the impact fees owed. This is the closest option we could find to a full waiver, the recommendation of the task force. 3 :25 :28 Vote that we approve Ordinance No. 1714, but I am going to amend it in two areas. Linked Minutes vj the Bv::eman lity Commission Meeting, August 27,2007 rIt was moved by Cr. Rupp, seconded by Cr. Becker. that we approve Ordinance No. 1714, but I am twine: to amend it in two areas. In the title. I am e:oine: to strike in the sentence with "DEFERRED UNDER THE WORKFORCE HOUSING PROGRAM." delete "AT THE RATE OF 10% PER YEAR UNTIL THE OBLIGATION IS RETIRED." In Cost Offsets under number 3 (a). I would like to strike "Deferred impact fees shall be paid to the City at the rate of 10% per year. . . " and add in its place that "After 10 years of unchane:ed ownership. all deferred impact fees shall be paid to the City whenever the property is refinanced. sold. or chane:es ownership. "1 Those votine: Aye beine: Crs. Rupp. Becker. and Mavor Krauss. Those votine: No beine: Cr. Kirchhoff. The motion carried 3-1. Revised Title: ORDINANCE NO. 1714 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A.3. OF SECTION 17.02.060 TO PROVIDE FOR THE REP A YMENT TO THE CITY OF IMPACT FEES DEFERRED UNDER THE WORKFORCE HOUSING PROGRAM. Revised Section 1. 17.02.060 Cost Offsets. A. 3. a.: a. After 10 years of unchane:ed ownership. all deferred impact fees shall be paid to the City whenever the property is refinanced. sold. or chane:es ownership. 3:25:375. Madill Impact Fee Credit Request IFCR-0701, opened and continued from August 20, 2007 (Saunders) 3:25:39 Motion to continue the Madill Impact Fee Request for another week (September 4, 2007). It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to continue the Madill Impact Fee Request for another week (September 4. 2007). 3:25:53 Public Comment Mayor Krauss opened and closed public comment. No person commented. 3:26:06 Vote to continue the Madill Impact Fee Request for another week (September 4, 2007). rIt was moved by Cr. Kirchhoff. seconded by Cr. Becker. to continue the Madill Impact Fee Request for another week (September 4. 2007).1 Those votine: Aye beine: Crs. Kirchhoff. Becker. Rupp. and Mayor Krauss. Those votine: No beine: none. Unked Minutes oj'the Bozeman City Commission Meetins:, Aus:ust 27. 2007 The motion carried 4-0. 3:26:13 H. FYI/Discussion 3:26:15 1. ECP/City of Great Falls Electric Power Presentation and Draft Contract (Kukulski) 3:27:47 Public Comment opened. Mayor Krauss opened public comment. 3:28:00 Mark Johnson - Public Comment Mr. Johnson resides at 107 Northwestern Drive. He wanted to make sure the Commission had the written information from Bob Rainey, who gave a presentation in Missoula. 3:28:32 Public Comment closed. Mayor Krauss closed public comment. 3:28:41 No to Power Presentation Cr. Kirchhoff and Cr. Becker said no to hearing a presentation about Great Falls Electric Power. 3:28:54 Cr. Rupp Cr. Rupp said he isn't up to speed on this item. 3:29:51 No to Power Presentation Mayor Krauss said no to hearing the presentation. 3:37:08 Debbie Arkell, Director of Public Service Ms. Arkell handed out a memo regarding the US Forest Service Bozeman Municipal Watershed Project. She said the USFS's draft Environmental Impact Statement will be released this Friday; that will give 60 days for final public comment, and they will then make a final decision. 3:38:09 Yes to USFS Briefing Mayor Krauss said he wanted a USFS briefing, and Crs. Becker, Kirchhoff, and Rupp agreed to a briefing. 3:38:39 Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney reminded the Commission that the next meeting is on Tuesday, September 4 due to Labor Day. 3:38:58 Cr. Becker Cr. Becker wants the Commission to find another liaison with the USFS on the Watershed and the Use Plan that the other Commissioners can hear. 3 :40:58 I. Adjournment Mayor Krauss adjourned the meeting. Unked Minutes o(the Bo;eman City Commission Meetinf{, ,1uf{ust 27, 2007 A TIEST: $&u{JOMf\~ Stacy Ul~;Cit~ PREPARED BY: /1 tl ~ Cyn ia Jordan .. aney, Deputy City ~ Approved on ])e.cOA7l~ 10) d-007 .