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HomeMy WebLinkAbout2007-09-04 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 4, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Tuesday, September 4, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna Rosenberry, Director of Public Works Debbie Arkell, City Attorney Paul Luwe, Street/Tree Superintendent John Van Delinder, Assistant Planning Director Chris Saunders, and Acting City Clerk Cynthia Jordan Delaney. 0:21 :53 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. 0:21 :56 B. Pledge of Allegiance and a Moment of Silence 0:22:52 Changes to the Agenda - Chris Kukulski, City Manager Mr. Kukulski presented changes to the agenda: introducing the new City Clerk Stacy Ulmen in a new Public Service Announcement; moving Consent item E. 15. [Authorize the Acceptance of Asbestos-contaminated Soil at the Bozeman Landfill at a Fee of approximately $73.55/ton (Arkell)] to the first Action item G. 1.; and moving Action item G. 7. [HRDC Road to Home Request for $200,000 from the City of Bozeman's Big Box Fund Affordable Housing Dollars to provide Down Payment Assistance Loans (Tracy Menuez, HRDC)] to Action item G. 2.; and then the other Action items will be renumbered. 0:23:51 C. Public Service Announcement - September 11 Primary Election with Mail 0:24:05 Charlotte Mills, Gallatin County Clerk and Recorder and Election Administrator Ms. Mills updated the public on the number of ballots mailed out and returned, she shared how the public can update their addresses, and gave mail ballot drop-off locations and schedules. 0:27:39 Public Service Announcement - New City Clerk (Kukulski) 0:27:51 Mr. Kukulski Mr. Kukulski introduced new City Clerk Stacy Ulmen to the public and the Commissioners. 0:28:43 Public Service Announcement - Closure of Highland Boulevard for Reconstruction (Arkell) 0:28:57 Debbie Arkell, Director of Public Works '_inked Minutes o/the Bozeman City Commission Meeting, September 4, ]()()7 Ms. Arkell informed the public of the closing of Highland Boulevard for reconstruction from Holly Drive to Old Highland Boulevard starting September 10 and continuing for approximately nine weeks. She gave alternate routes for drivers, pedestrians, and bicyclists. 0:31:17 D. Authorize the Absence of Cr. Jacobson 0:31: 19 Motion and Vote to authorize the absence of Cr. Jacobson. It was moved by Cr. Becker. seconded by Cr. RUDD. to authorize the absence of Cr. Jacobson. Those votin!! Aye bein!! Crs. Becker. RUDD. Kirchhoff. and Mayor Krauss. Those votinS! No beinS! none. The motion carried 4-0. 0:31:31 E. Consent 1. 2. Authorize Payment of Claims (LaMeres) Authorize City Manager to sign Inspection Services Agreement for the Hilltop Tank Painting Project (Heaston) Authorize City Manager to sign Agreement for Construction Inspection Services for the Downtown Bozeman Intermodal Facility (Goehrung) Authorize the Director of Public Service to execute the Legends at Bridger Creek II Planned Unit Development Subdivision Phase I Final Plat (Cooper) Authorize the Director of Public Service to execute the Cattail Lake Major Subdivision Phases 1 & 2 Final Plat (Cooper) Finally adopt Ordinance No. 1716, Annexation into the MSU Residential Parking District to include the North Side of West Story Street between South 8th and South 10th (Fontenot) Approve Resolution No. 4062, HB Annexation #A-05002 (Windemaker) 8. Authorize City Manager to sign Public Street Easement for Graf Street In conjunction with HB Annexation #A-05002 (Windemaker) Provisionally adopt Ordinance No. 1718, HB Zone Map Amendment #Z-05048 (Windemaker) Approve Resolution No. 4063, Cattail North Annexation #A-06004 (Sanford) Provisionally adopt Ordinance No. 1719, Cattail North Zone Map Amendment #Z-06144 (Sanford) Authorize City Manager to sign the Sewer Lift Station Easement and Agreement for Cattail Lake Subdivision #P-07017 (Windemaker) Authorize City Manager to sign Amendment #4 to the Professional Services Agreement for Durston Road from 7th to 19th (Murray) Authorize Payment for the Buttrey's Solvent Site Cost Recovery (Luwe) Authorize the Acceptance of Asbestos-contaminated Soil at the Bozeman Landfill at a Fee of approximately $73.55/ton (Arkell) MOVED TO ACTION ITEM G. 1. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. Unked Minutes uf/he Buzeman City Commission Meeting, September 4. 2()07 0:31 :37 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:33:24 Motion and Vote to approve Consent items E. 1-14. It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. to approve Consent items E. 1-14. Those votin!! Ave bein!! Crs. Rupp. Kirchhoff. Becker. and Mavor Krauss. Those votin!! No bein!! none. The motion passed 4-0. 0:33:40 F. Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:34: 15 G. Action Items 0:34:171. Authorize the Acceptance of Asbestos-contaminated Soil at the Bozeman Landfill at a Fee of approximately $73.55/ton (Arkell) 0:34:35 Ms. Arkell Ms. Arkell presented the staff report. 0:37:49 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:38:15 Motion to accept the asbestos-contaminated soil at the Bozeman landfill at a fee of approximately $73.55 per ton. It was moved bv Cr. Kirchhoff. seconded bv Cr. Becker. to accept the asbestos- contaminated soil at the Bozeman landfill at a fee of approximatelv $73.55 per ton. 0:38:53 Vote to accept the asbestos-contaminated soil at the Bozeman landfill at a fee of approximately $73.55 per ton. rIt was moved bv Cr. Kirchhoff. seconded bv Cr. Becker. to accept the asbestos- contaminated soil at the Bozeman landfill at a fee of approximatelv $73.55 per ton.1 Those votin!! Ave bein!! Crs. Kirchhoff. Becker. Rupp. and Mavor Krauss. Those votin!! No bein!! none. The motion carried 4-0. 0:39:002. HRDC Road to Home Request for $200,000 from the City of Bozeman's Big Box Fund Affordable Housing Dollars to provide Down Payment Assistance Loans (Tracy Menuez, HRDC) 0:39:23 Tracy Menuez, Community Development Associate, Human Resources Development Council, Applicant Linked Minutes of the Bozeman City Commission Meetin!;, September 4, 2007 Ms. Menuez requested $200,000 for the Down Payment Program. 0:40: 16 Mayor Krauss Mayor Krauss noted for the record that Cr. Rupp has excused himself as Executive Director of HRDC. 0:44:22 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:44:36 Motion to fund the ORDC Road to Home Request for $200,000 from the City of Bozeman's Big Box Fund Affordable Housing Dollars to provide Down Payment Assistance Loans. It was moved by Cr. Becker. seconded by Cr. Kirchhoff. to fund the HRDC Road to Home Request for $200.000 from the City of Bozeman's Bie: Box Fund Affordable Housine: Dollars to orovide Down Payment Assistance Loans. 0:47:19 Vote to fund the HRDC Road to Home Request for $200.000 from the City of Bozeman's Bie: Box Fund Affordable Housine: Dollars to orovide Down Payment Assistance Loans. [It was moved bv Cr. Becker. seconded by Cr. Kirchhoff. to fund the HRDC Road to Home Request for $200.000 from the City of Bozeman's Bie: Box Fund Affordable Housine: Dollars to orovide Down Payment Assistance Loans.l Those votine: Aye bein!!: Crs. Becker. Kirchhoff. and Mayor Krauss. Those votine: No beine: none. Those abstainine: beine: Cr. Ruoo. The motion carried 3-0. 0:47:253. Resolution No. 4059, Establishing a 5% Increase in the Street Maintenance District Assessments for Fiscal Year 2008 (Rosenberry) 0:48:28 Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report. 0:50:05 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:50:25 Motion and Vote to approve Resolution 4059. It was moved by Cr. Rupp. seconded bv Cr. Kirchhoff. to approve Resolution 4059. Those votine: Ave beine: Crs. Rupp. Kirchhoff. Becker. and Mavor Krauss. Those votine: No beine: none. The motion carried 4-0. Unked Minutes of the Bozeman City Commission Meeting, Sepremher 4, 20m 0:50:424. Resolution No. 4058, Establishing a 4% Increase in the Tree Maintenance District Assessments for Fiscal Year 2008 (Rosenberry) 0:50:50 Ms. Rosenberry Ms. Rosenberry presented the staff report. 0:52:10 Public Comment Mayor Krauss opened and closed public comment. No person commented. 0:52:23 Mayor Krauss Mayor Krauss excused himself from voting on this item as there could be the appearance of a conflict of interest. He agreed with Cr. Kirchhoff that he is a "tree hugger." 0:55:19 John Van Delinder, Street/Tree Superintendent Mr. Van Delinder said that he could plant 200 new trees next year (in response to Cr. Kirchhoff's question). 0:55:23 Cr. Kirchhoff and Mayor Krauss Cr. Kirchhoff and Mayor Krauss said that (planting 200 new trees) sounds good. 0:55:46 Motion to approve Resolution 4058, Establishing 4% Increase in Tree Maintenance. It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to approve Resolution 4058. Establishine: 4% Increase in Tree Maintenance. 0:57:06 Vote to approve Resolution 4058, Establishing 4% Increase in Tree Maintenance. rIt was moved by Cr. Kirchhoff. seconded by Cr. Becker. to approve Resolution 4058. Establishine: 4% Increase in Tree Maintenance.l Those votine: Aye beine: Crs. Kirchhoff. Becker. Rupp. and Mayor Krauss. Those votine: No beine: nonc. The motion carried 4-0. 0:57:155. CFT Office Buildng Conditional Use Permit #Z-07107, opened and continued from August 27, 2007 (Knight) 0:57:33 Martin Knight, Planner Mr. Knight presented the staff report. Since last week's meeting, the CFT property owner has offered a right-of-way easement on the SW corner of Lot 1 of the CFT Subdivision that would assist in the future extension of Opportunity Way. 0:59:32 James Nickelson, Applicant Linked Minutes of the Bozeman lity Commission Meeting, September 4, ]()()7 Mr. Nickelson, with Morrison-Maierle, representing CFT Limited, showed photos and described the obstacles with building Opportunity Way straight through. I :03:09 Public Comment opened. Mayor Krauss opened public comment. 1:03:21 Rav Center-Public Comment Mr. Center, of Rocky Mountain Engineers, represents Gene Graf and the Graf family on the Allison Subdivision. He stated that this proposal to put Discovery Way all the way through to the two cul-de-sacs would have a significant and very negative impact on Allison Subdivision: a diagonal street intersection, loss of ten lots, and problems for affordable lots. He doesn't see it has any benefit and finds there's no need for this road. 1:06:41 Eueene Graf - Public Comment Mr. Graf, with the Allison Subdivision, stated that this proposed drawing loses the lots and creates traffic in the frontage of the homes. Throughout this whole development, they have not wanted homes to front on busy streets. He thinks having this road behind the building is unnecessary . 1:07:48 K. C. Tolliver - Public Comment Mr. Tolliver, with CFT, stated that from their ownership group's standpoint, their engineers have communicated with each other, and they're willing to do whatever is within their means to help accommodate what the Commission decides about Opportunity Way. He feels the easement is a testament of that, and they feel they have satisfied the condition and want it approved. I :09:33 Public Comment closed. Mayor Krauss closed public comment. I :09:43 Mayor Krauss Mayor Krauss clarified that the issue is whether to remove the condition, or accept the drawing and the dedication of the quadrilateral right-of-way as facilitating the eventual extension of Opportunity as required in the previous approval of Allison Subdivision. 1: 13 :44 Motion to accept right-of-way easement across SW corner of Lot 1 of the CFT property to fully satisfy condition of approval #1 from CFT Office Building Conditional Use Permit #Z-07107. It was moved hv Cr. Becker. seconded hv Cr. Rupp. to accept rie:ht-of-wav easement across SW corner of Lot 1 of the CFT propertv to fullv satisfv condition of approval #1 from CFT Office Buildin!! Conditional Use Permit #Z-07107. 1:17:09 Vote to accept right-of-way easement across SW corner of Lot 1 of the CFT property to fully satisfy condition of approval #1 from CFT Office Building Conditional Use Permit #Z-07107. Linked Minutes 0.1 the Bozeman Ci(v Commission Meeting, September 4, 2007 rIt was moved by Cr. Becker, seconded bv Cr. Rupp, to accept ri!!ht-of~way easement across SW corner of Lot 1 of the CFT property to fully satisfy condition of approval #1 from CFT Office Buildin!! Conditional Use Permit #Z~07107.1 Those votin!! Aye bein!! Crs. Becker, Rupp, and Kirchhoff. Those votin!! No bein!! Mayor Krauss. The motion carried 3~1. 1: 17:406. Madill Impact Fee Credit Request IFCR~0701, opened and continued from August 20 to August 27, and opened and continued from August 27, 2007 (Saunders) 1: 18 :03 Chris Saunders, Assistant Director of Planning Mr. Saunders presented the staff report. 1 :26: 17 Rob Pertzborn, Applicant Mr. Pertzhorn, with Intrinsik Architecture, is representing Covenant Investments. He stated that this request has been determined to qualify for the credits. The memo indicates that this problem is being looked at to avoid future misunderstandings. He believes they were timely, and the developer has paid for and completed the capacity-expanding work in good faith. He stated that the Commission can make things right and offer credit. 1 :29: 1 0 Public Comment Mayor Krauss opened and closed public comment. No person commented. 1 :46:20 Motion that we approve the (Madill) Impact Fee Credit Request IFCR~0701. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that we approve the (Madill) Impact Fee Credit Reauest IFCR~0701. 1 :51 :36 Paul Luwe, City Attorney Mr. Luwe advised the Commission that they can bring it back as a Consent item. If they decide to approve the request, correction of the CIP can be done after the fact to make the record clear. 1 :52:49 Mr. Epple Mr. Epple stated that an easy way to handle this could be to amend the motion to add the phrase at the end: "pending approval of the projects on the CIP." 1:53:12 Mr. Epple Mr. Epple clarified that impact fee credits can't formally be approved until these projects are listed on the CIP appropriately so they are approving them pending inclusion in the appropriate CIP sections. 1 :53:34 Amendment to Motion Linked Minutes of the Bozeman ('i(V Commission Meeting, September 4, 2007 It was moved by Cr. Kirchhoff. seconded bv Cr. Becker. to amend the motion to include the lane:uae:e iust e:iven to us by the Plannine: Director: "pendine: approval of the proiects on the CIP (Impact Fee Capital Improvement Proe:ram). " 1:54:16 Vote on Amendment [It was moved by Cr. Kirchhoff. seconded by Cr. Becker. to amend the motion to include the lane:uae:e iust e:iven to us by the Plannine: Director: "pendine: approval of the proiects on the CIP (Impact Fee Capital Improvement Proe:ram)."l Those votine: Ave beine: Crs. Kirchhoff. Becker. Rupp. and Mayor Krauss. Those votine: No beine: none. The motion passes 4-0. 1 :59: 11 Vote that we approve the (Madill) Impact Fee Credit Request IFCR-0701, pending approval of the projects on the CIP (Impact Fee Capital Improvement Program). It was moved bv Cr. Rupp. seconded bv Cr. Kirchhoff. that we approve the (Madill) Impact Fee Credit Request IFCR-0701. pendin! approval of the proiects on the CIP (Impact Fee Capital Improvement Proe:ram). Those votine: Ave beine: Crs. Kirchhoff. Becker. and Mavor Krauss. Those votine: No beine: Cr. Rupp. The motion carried 3-1. 1 :59:50 Mayor Krauss Mayor Krauss declared a break. 1 :59:54 Break 2:21:287. Aspen Park Major Subdivision Preliminary Plat #P-07027 (Skelton) 2:21 :41 Dave Skelton, Senior Planner Mr. Skelton presented the staff report. 2:53 :28 Cordell Pool, Applicant Mr. Pool, of Stahly Engineering, is representing the applicant. He addressed Cr. Kirchhoffs concern about the longer blocks and said that it would have a boulevard feel with the trees. 3:02:34 Public Comment Mayor Krauss opened and closed public comment. No person commented. 3 :08 :24 Robert Marvin Mr. Marvin, with Marvin Associates from Billings, commented on the history of lighting standards. Linked Minutes (~j'the Bozeman City Commission Meeting, September 4, 200? 4:04:33 Motion we approve Aspen Park Major Subdivision Preliminary Plat with conditions in the Planning Board Resolution and addition of a new condition prepared by applicant's representative and the Middle Creek Ditch Company (condition 39). It was moved by Cr. Kirchhoff. seconded by Cr. Becker. we approve Aspen Park Maior Subdivision Preliminary Plat with conditions in the Plannine: Board Resolution and addition of a new condition prepared by applicant's representative and the Middle Creek Ditch Company (condition 39). New Condition #39: 39. A 30" pipe and 20' wide easement shall be provided alone: the east ede:e of South 19th Avenue Rie:ht-of-Wav for the Middle Creek Ditch later. unless Middle Creek Ditch Company ae:rees with the abandonment of this lateral in the future. A heade:ate and bar screen shall be installed on the south end of this pipe and Middle Creek Ditch Companv is not responsible for maintenance of the pipe and bar screen. 4:07:01 Vote we approve Aspen Park Major Subdivision Preliminary Plat with conditions in the Planning Board Resolution and addition of a new condition prepared by applicant's representative and the Middle Creek Ditch Company (condition 39). [It was moved by Cr. Kirchhoff. seconded by Cr. Becker. we approve Aspen Park Maior Subdivision Preliminary Plat with conditions in the Plannine: Board Resolution and addition of a new condition prepared by applicant's representative and the Middle Creek Ditch Company (condition 39).1 Those votine: Aye beine: Cr. Becker and Mayor Krauss. Those votine: No beine: Crs. Kirchhoff and Rupp. The motion tied 2-2. 4:07:38 Mayor Krauss Mayor Krauss stated that the applicant doesn't have an approval and that Cr. Jacobson will vote to break the tie when she returns. 4:15:50 Suspension ofthe Rules of Procedure Mayor Krauss suspended the Rules of Procedure to 10:30 pm. 4:17:388. CAHAB-approved Request for $14,000 for the Alliance for Building Communities (ABC) to conduct a Mobile Home Survey in and around Bozeman (Lucy Pope, ABC) 4:18:15 Caren Roberty Ms. Roberty, representing the Community Affordable Housing Advisory Board, presented the request and the recommended conditions. 4:20:06 Public Comment opened. Mayor Krauss opened public comment. Linked Minutes 4the Bozeman City Commission Meeting, Septemher 4,2007 4:20:28 Bob Chase - Public Comment Mr. Chase resides at 433 South Black. He wants to see this study be expanded to include cooperative housing. He believes home ownership is better than a traditional mobile home park, and he thinks we need to look beyond this study, although he is in favor of it. 4:21:10 Public Comment closed. Mayor Krauss closed public comment. 4:22:14 Josh Kellar, Applicant Mr. Kellar, is the Coordinator of the Northern Rocky Mountain Resource Conservation and Development Area, Inc., which is a 501 (c)3 organization. He stated that they have an agreement with the Alliance for Building Communities to assist in sponsorship of the survey portion of this proj ect. 4:25:47 Lucy Pope, Applicant Ms. Pope, of the Alliance for Building Communities, eXplained the purpose of the survey. 4:45:49 Suspension of the Rules Mayor Krauss suspended the Rules of Procedure for another 15 minutes. 4:45:51 Motion that we approve the request of $14,000 to the Alliance for Building Communities to conduct a mobile home survey in and around Bozeman. It was moved by Cr. Rupp. seconded bv Cr. Kirchhoff. that we approve the request of $14.000 to the Alliance for Buildine Communities to conduct a mobile home survey in and around Bozeman. 4:48:38 Clarification of Motion Cr. Rupp stated that technically the request should be to grant the money to the Northern Rocky RC & D. Cr. Kirchhoff agreed to the clarification. It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. that we approve the request of $14.000 to the Northern Rockv RC & D to conduct a mobile home survey in and around Bozeman. 4:50:16 Vote that we approve the request of $14,000 to the Northern Rocky RC & D to conduct a mobile home survey in and around Bozeman. It was moved by Cr. Rupp. seconded by Cr. Kirchhoff. that we approve the request of $14.000 to the Northern Rockv Northern Rockv RC & D to conduct a mobile home survey in and around Bozeman. Those votine Ave beine Crs. Rupp and Kirchhoff. Those votine No beine Cr. Becker and Mayor Krauss. The motion tied 2-2. Linked Minutes of the Rozeman lity lommission Meeting, September 4, 2(}()7 4:50:29 Mayor Krauss Mayor Krauss stated that Cr. Jacobson will break the tie next week. 4:50:39 9. Resolution No. 4064, Final Creation of Special Improvement Lighting District #702, PT Land Phase 1 (Rosenberry) 4:50:51 Public Comment Mayor Krauss opened and closed public comment. No person commented. 4: 51: 1 0 Motion and Vote we approve Resolution 4064. It was moved by Cr. Kirchhoff, seconded by Cr. Becker, we approve Resolution 4064. Those voting Aye being Crs. Kirchhoff, Rupp, and Mayor Krauss. Those voting No being Cr. Becker. The motion carried 3-1. 4:51 :31 I. Adjournment Mayor Krauss adjourned the meeting. ~tLt{. ~....,....--- J ef K. ss, Mayor ATTEST: .-........ " . s~i2 PREPARED BY:- '/--- ~ ;,~..... /....~ '. . ~..- ./ ". /----' :....:~~:/' ~ ......-.,- -, ----,~~ '~ _/"", ,~or"